HomeMy WebLinkAboutAPR - JUNE 1981Bakersfield, California, April l, 1981
29l
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., April 1, 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 Means, Ratty, Rockoff, Strong,
Barton
Absent: Councilmen Payne, Christensen
Minutes of the regular meeting of March 16, 1981, and
recessed meeting of March 18, 1981, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Anne Monroe, 3991 Marella Way, read an article that
appeared in the Kern Herald, written by John Mossman, regarding
"Sodom & Gomorrah," and presented a copy of a "Duck Book" to the
Mayor.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
Sister Frances Webster, Bakersfield Catholic Social Services, dated
March 23, 1981, urging the Council to take immediate action on the
construction of a Senior Citizens Center, was received, ordered
placed on file and staff was instructed to respond to the Bakers-
field Catholic Social Services by updating them on what the Council
has done up to this point in time.
Upon a motion by Councilman Rockoff, communication from
Priscilla J. Mueller, 2836 Summit Circle, dated March 25, 1981,
withdrawing her request for annexation of property located north
of the Kern River, east of Manor Street, was received and referred
to the Planning Commission.
Upon a motion by Councilman Ratty, communication from
the California Regional Water Quality Control Board, Central Valley
Region, dated March 26, 1981, regarding West Bakersfield Sewer Study,
was received and referred to the Water and City Growth Committee.
292
Bakersfield, California, April 1, 1981 - Page 2
Upon a motion by Councilman Means, copies of communica-
tions Donald F. Kurtz, 2444 Hasti Acres Drive, submitted to the
California Public Utilities Commission regarding Pacific Gas and
Electric Company's gas and electric rates, were received and
ordered placed on file.
Upon a motion by Councilman Means, communication from
Pacific Gas & Electric Company, dated March 31, 1981, regarding a
new program in the Bakersfield area called "Summertime Break," wa~
received and referred to the Energy Committee.
Upon a motion by Councilman Barton, communication from
Robert O. McCoy, Real Estate Broker, 3921 Stockdale Highway, dated
March 31, 1981, requesting an amendment to the General Plan for
property located on the west side of South Chester Avenue, south
of Planz Road, was received and referred to the Planning Commission
for study and recommendation.
COUNCIL STATEMENTS
Adoption of Resolution No. 21-81 of
the Council of the City of Bakers-
field supporting Senate Bill No. 759
and Senate Bill No. 760 amending the
State Laws relating to Pornography
and the abatement of Pornographic
Matter.
Upon a motion by Councilman Barton, Resolution No. 21-81
of the Council of the City of Bakersfield supporting Senate Bill
No. 759 and Senate Bill No. 760 amending the State Laws relating
to Pornography and the abatement of Pornographic Matter, was
adopted by the following roll call vote:
Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton
Noes: None
Absent: Councilmen Payne, Christensen
Councilman Barton reviewed a report from the City Attorney,
dated March 27, 1981, regarding an Ordinance from the City of
Arcadia that declares the commercial exploitation of lewd motion
picture films and publications to be a public nuisance.
Bakersfield, California, April l, 1981 - Page 3
Councilman Barton made a motion that the staff make
a report, at the Council Meeting of April 8, 1981, on the cost of
prosecuting pornography cases in-house rather than the District
Attorney's Office and a public hearing be held to obtain input
from the public as to whether or not the City should get actively
involved in prosecuting State laws in the area of pornography and
the District Attorney be invited to attend the hearing.
City Attorney Oberholzer stated the District Attorney's
Office prosecutes all State law violations and the Council should
be aware of that. If the Council wants to change that policy then
the City will probably have to establish a City Prosecutor's Office.
Councilman Strong requested that Councilman Barton not
place a time limit on this matter and allow the City Attorney time
to discuss it with the District Attorney and come back to the
Council with a recommendation.
Councilman Means stated that if the Council really wants
to be effective in this matter the City should lobby the State
Legislators to come up with more restrictive laws.
After considerable discussion, Councilman Means offered
a substitute motion that any member of the Council or the Mayor be
allowed to go to Sacramento and lobby the State Legislators to
encourage the passage of State laws that will have some effect;
at the Council Meeting of April 8, 1981, staff report on the cost
of prosecuting pornography cases in-house rather than the District
Attorney's Office; and a public hearing be held to obtain input
from the public as to whether or not the City should get actively
involved in prosecuting State laws in the area of pornography and
the District Attorney be invited to attend the hearing. This motion
carried by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means, Rockoff, Barton
Councilmen Ratty, Strong
Councilmen Payne, Christensen
Bakersfield, California, April l, 1981 - Page 4
Upon a motion by Councilman Strong, the Council will
recess the regular meeting to an Executive Session at the end of
tonight's meeting, to discuss upcoming salary negotiations with
the City's negotiator.
REPORTS
City Attorney Oberholzer reported that SB 46 (Russell)
is set for hearing on Monday, April 6, 1981, and this bill off-
sets the disability retirement benefits paid to a person who obtains
another job. It does not prohibit the person from obtaining another
job, but if his/her combined salary from the disability benefits
and job are greater than the salary for the position held with the
City disability retirement benefits would cease. City Attorney
Oberholzer requested that the Mayor be authorized to send the
necessary correspondence indicating the Council's support of SB 46.
Upon a motion by Councilman Ratty, the Mayor was requested
to send the necessary correspondence indicating the Council's
support of SB 46.
Upon a motion by Councilman Strong, Police Cheif Price's
appointment to the State Crime Control and Violence Commission, was
approved; and time off necessary to participate in this organization
was granted.
City Attorney Oberholzer reported that next week the
Council packets will contain an amendment to the Bingo Ordinance.
The present Ordinance provides for the hours of operation, which
is 6 hours in each 24 hour period. There is no control over the
number of games allowed each week. Last year the City licensed
17 Bingo games; 95% of those operated i time per week and 5%
operated 2 times per week. Recently applications have been received
from organizations that want to operate as much as 6 days per week.
Under the present Ordinance there is no way of prohibiting it. In
order to put a stop to it the present Ordinance will have to be
modified so that only certain number of days of Bingo per week, per
organization, will be allowed.
Bakersfield, California, April 1, 1981 - Page 5
295
CONSENT CALENDAR
(a) Allowance of Claims Nos. 5898 to 5995,
inclusive, in the amount of $123,906.15.
(b)
Claim for Damages from Brown Brothers
Adjusters--Sally Sullivan, 3407 West 6th
Street, Suite 500, Los Angeles, California.
(Refer to City Attorney)
(c)
Access Easement from Nickel Enterprises
providing access to the Kern River at
Rancheria Road as required by the City
Council for Tract No. 4009, located on
north side of the river on the east side
of Rancheria Road. Easement is located
at southeast corner of the Kern River/
Rancheria Road intersection.
(d)
Water Line Easement from Terry L. Moreland,
Peggy Moreland and Doug Anglen, as required
for Parcel Map No. 4898, located west of
California Avenue, south of Mohawk Street.
(e) Notices of Completion and Acceptance of
Work for:
Tract No. 4221, Contract No. 80-167 with
Tenneco Realty Development Corporation,
located at Lily Drive and Monroe Lane.
Tract No. 4222, Contract No. 80-168 with
Tenneco Realty Development Corporation,
located at Plaquemines Drive and Club Run.
Tract No. 4223, Contract No. 80-169 with
Tenneco Realty Development Corporation,
located at Shelby Loop and White Lane.
(f)
Application for Encroachment Permit from
Boyle Engineering, 2601 "F" Street, for
construction of a 4 foot wide roof over-
hang 9 feet above grade along north side
of 26th Street, east of "F" Street.
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 Means, Ratty, Rockoff, Strong, Barton
Noes: None
Absent: Councilmen Payne, Christensen
ACTION ON BIDS
Upon a motion by Councilman Rockoff, low bid of Granite
Construction, in the amount of $43,857, for resurfacing Auburn
Bakersfield, California, April 1, 1981 - Page 6
Street and Maywood Drive, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid was not
accepted because it did not meet specifications and next low bid
of Granite Construction Company, in the amount of $168,913.00, for
Asphalt Concrete Pavement on Planz Road between South "H" Street
and South Chester Avenue, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2633 New
Series amending Title Seventeen o£
the Municipal Code of the City o~
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.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2633 New Series amending 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 commonly
known as 1027 East Truxtun Avenue, finding said zoning consistent
with the General Plan, were adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means,
None
Councilmen Payne,
Ratty, Rockoff, Strong, Barton
Christensen
Adoption of Ordinance No. 2634 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 "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
Zone to an R-1 (One Family Dwelling) Zone.
"A" (Agricultural)
Bakersfield, California, April 1, 1981 - Page 7
297
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2634 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 "H" Street, south of Panama Lane, and
lying on the north side of the Arvin-Edison Canal, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Means,
Noes: None
Absent: Councilmen Payne,
Ratty, Rockoff, Strong, Barton
Christensen
Adoption of Ordinance No. 2635 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 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 - Archiectrual Design) Zone to
an M-2-D (General Manufacturing - Architectural Design) Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2635 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 northeast corner of District Boulevard and Ashe Road, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote: ~;
Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton
Noes: None
Absent: Councilmen Payne, Christensen
Bakersfield, California, April 1, 1981 - Page 8
NEW BUSINESS
Adoption of Resolution No. 22-81 of
the Council of the City of Bakers-
field directing staff to make
application to the California Energy
Commission for a loan under the
Energy Conservation Assistance Act
of 1979 for conversion of street
lights to high pressure sodium vapor
lamps, and authorizing the Mayor to
execute Loan Agreement consistent
with application.
This resolution sets forth action taken by the Council
at the March 11, 1981, meeting in resolution form, as required by
the California Energy Commission, and authorizes the Mayor to
execute the Loan Agreement consistent with application, also
required by that Commission.
Upon a motion by Councilman Means, Resolution No. 22-81
of the Council of the City of Bakersfield directing staff to make
application to the California Energy Commission for a loan under
the Energy Conservation Assistance Act of 1979 for conversion of
street lights to high pressure sodium vapor lamps, and authorizin~
the Mayor to execute Loan Agreement consistent with application,
was adopted by the following roll call vote:
Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton
Noes: None
Absent: Councilmen Payne, Christensen
Acceptance of Final Report of Zoning
Ordinance Review Advisory Committee
(ZORAC), as revised, concerning
revisions of Title Seventeen of the
Municipal Code.
ZORAC's Final Report has been considered by the Plannins:
Commission, which, after noticed public hearing, at its meeting o~
March 19, 1981, implementation by the Council was recommended.
Mrs. Sheryl Barbich, Chairman of ZORAC, introduced
members of that Committee and thanked them for their time and
effort.
Upon a motion by Councilman Means, Final Report of the
Zoning Ordinance Review Advisory Committee (ZORAC), as revised,
Bakersfield, California, April 1, 1981 - Page 9
'299
concerning revisions of Title Seventeen of the Municipal Code, was
accepted; City Attorney was instructed to prepare necessary ordi-
nances implementing the report; and the Mayor was requested to
write letters on behalf of the Council to members of the Zoning
Ordinance Review Advisory Committee expressing appreciation for
their services to the City of Bakersfield.
Approval of Requests for Proposals
(RFP) for Hotel Developers and the
distribution.
The final draft of the Request for Proposals for potential
Hotel Developers was reviewed by the Redevelopment Agency during
their March 24, 1981 meeting. The RFP was approved by the Agency
with the direction that it would be forwarded to the City Council
for review, recommendations and approval.
Councilman Barton made a motion to approve the Requests
for Proposals (RFP) for Hotel Developers and the distribution.
During a lengthy discussion, Councilman Means stated he
will not vote for the project until he knows how it fits into the
plan the staff is developing for the downtown area.
After further discussion, Councilman Barton's motion to
approve the Requests for Proposals (RFP) for Hotel Developers and
carried. Councilman Means voted in the negative
the distribution,
on this motion.
EXECUTIVE SESSION
The Council recessed to an Executive Session at 10:00 P.M.
for consultation with the City's Labor Negotiator regarding salary
negotiations. The regular Council Meeting was reconvened at 10:38 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 10:40 P.M.
MAYOR of
th~City of Bakersfield, Calif.
ATTEST! ~ · ~ ~ .
CITY CLE~RR~E/O~ff'ic~of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, April 8, 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., April 8, 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 Reverend L. W. Faulstick of the Grace Lutherart
Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Strong,
Barton, Christensen, Means
Absent: None
Minutes of the regular meeting of March 25,
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Christensen,
1981 were
Calloway Drive and on
received and referred
recommendation.
communication
from Cornerstone Engineering, Inc., dated March 25, 1981, requesting
annexation of property located north of the Kern River, east of
the east and west sides of Coffee Road, was
to the Planning Commission for study and
Councilman Strong made a motion that the communication
from Tommie Townsend, 4209 Akers Road, requesting Community
Development Block Grant Funds to purchase land under a new con-
struction incentive program, be received and referred to the
Budget Review and Finance Committee.
Councilman Barton offered a substitute motion that the
communication from Tommie Townsend, 4209 Akers Road, requesting
Community Development Block Grant Funds to purchase land under a
new construction incentive program, be received and referred to
the Budget Review and Finance Committee for study and recommendation,
with a report from staff. This motion was unanimously approved.
COUNCIL STATEMENTS
Councilman Means stated he has been informed that there
have been a number of accidents at the intersection of 4th and "H"
Bakersfield, California, April 8, 1981 - Page 2
30!
Streets, and requested the Public Works Director to investigate and
come back to the Council with a recommendation.
Councilman Means stated he understands that AB 1393
(Rogers), in its present form, would cost the County around
$90,000,000 and will have an impact on the City.
City Manager Kelmar stated the County has been following
the Board of Equalization's policy in determining the assessed
value of oil, which basically is based on economic factorsl AB 1393
proposes to put the valuation of oil on the same basis as all other
property, which is assessed in accordance with Proposition 13. The
Bill was introduced as a "Spot Bill," one that is introduced to
meet a required deadline. Assemblyman Rogers indicated that was
the sole purpose and whatever the outcome of current judicial pro-
ceedings, he would amend the Bill accordingly. The County is
presently under litigation, in the amount of $90,000,000, by the
California Independent Oil Producers Association and that is where
the estimated figure of $90,000,000 came from. The County is
presently analyzing the effects on various jurisdictions, based on
that litigation. They do not have any figures at this point in
time on how it may affect the City. It will affect the City if
that rollback does occur on the evaluation of oil.
Upon a motion by Councilman Means, AB 1393 (Rogers), was
referred to the Budget Review and Finance Committee for study and
recommendation back to the Council at the meeting of April 15, 1981.
Upon a motion by Councilman Ratty, Councilmen Barton and
Payne and City Attorney Oberholzer were appointed to the Legislative
Committee.
Councilman Christensen requested that the questions
regarding public access to the Kern River be answered and given
to the Council one week prior to the continued appeal hearing on
Tentative Tract No. 4179-A, along with a copy of the City Attorney's
interpretation on the new Supreme Court ruling.
Bakersfield, California, April 8, 1981 - Page 3
Mayor Shell requested that the Council consider changing
the Council Meetings to every other week instead of each week.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 4-81 regarding Funding Request
by the Greater Bakersfield Local Development Corporation, as
follows:
Introduction
At the November 19, 1980 City Council meeting
a request for $3,000 in Community Development
funds was made by the Greater Bakersfield
Local Development Corporation (GBLDC) for
organizational funds and was referred to staff
for study and recommendation to the Budget
Review and Finance Committee. The funds are
to pay for start-up costs and fees for incor-
poration of this corporation. A copy of that
request is attached to this report.
Discussion
The Greater Bakersfield Local Development
Corporation is a legally established non-profit
organization, incorporated to assist existing
small businesses by providing financial assistance
through the Sam11 Business Administration (SBA)
programs. It should be pointed out that this
organization is not in competition with private
lenders, but works with them to fund projects
which have been denied conventional financing.
Conclusion and Recommendation
The Local Development Corporation is eligible
for Community Development funding under the
Outside Funding Policy adopted by City Council
on October 29, 1980. The Budget Review and
Finance Committee has reviewed this request and
recommends that the funding for the Greater
Bakersfield Local Development Corporation be
approved and the Mayor authorized to execute
the attached contract.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 4-81 regarding Funding Request by the
Greater Bakersfield Local Development Corporation, was accepted;
and agreement between the City of Bakersfield and the Greater
Bakersfield Local Development Corporation £or Community Develop-
ment Block Grant Program funds, was approved and the Mayor was
authorized to execute same.
Bakersfield, California, April 8, 1981 - Page 4
Councilman Payne read a report from the Planning Com-
mission, dated April 8, 1981, regarding Council Referral Change
in Land Use Element of General Plan to Eliminate the Opening Date
Restriction (January 1, 1985) on the Proposed Eastside Shopping
Center, as follows:
Following receipt of memorandum of March 27,
1981, from the Planning Director, and the
letter from John M. Brock of March 25, 1981,
attached to that memorandum, the Planning
Commission at its meeting of April 2, 1981,
determined that it could not proceed to con-
sider the proposed amendment to the Land Use
Element, as Mr. Brock has not decided to
pursue the matter, or initiate by payment of
cost preparation of a necessary focussed
supplemental EIR; and further determined to
so advise the Council.
City Manager Kelmar reported that the recent boat races
at Lake Ming have posed problems for local law enforcement agencies,
due to the activities of some spectators. Last Sunday, in line
with local law enforcement agencies' policies of assisting officers
in distress, the Bakersfield Police Department responded with s~x
officers, in addition to those who were in the area for traffic
control, to assist the County Sheriff's Department in a disturbance
at the races. This also resulted in the Police Department having
to call in the next shift early to cover normal policing responsi-
bilities in the City, which resulted in an overtime situation. The
amount of revenues brought into the area is unknown, but it
apparently is one of the justifications for these events. However,
I do not feel it ~s worth an injury or injuries to our law enforce-
ment officers. In fact, if there are any serious injuries it could
cost the taxpayers much more than these revenues. The Board of
Supervisors have asked the County Parks and Recreation Commission
to study the future boat racing situation at their meeting of April
15, 1981. It is hoped that if the Board ultimately allows these
races to continue, in light of what has occurred, that they also
assume the responsibility of having enough Deputys available to
respond to any disturbance or require adequate on-site security, so
3t)4
Bakersfield, California, April 8, 1981 - Page 5
City officers will not be placed in a potentially dangerous situation.
It is recognized that in emergency situations the Bakersfield
Police Department may need the assistance of the Sheriff's Depart--
merit and vice versa. The Chief of Police has been requested to
review the departmental policy of assistance as it relates to these
events and to meet with the County Sheriff to discuss this problem.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5996 to 6102,
inclusive, in the amount of $278,780.51.
(b)
Claim for Damages from Boydstun Realty
Company, Inc., 326 Chester Avenue, Bakers-
field. (Refer to City Attorney)
(c)
Claim for Damages and Personal Injuries
from Scott Wallace, 2417 Kentucky Street,
Bakersfield. (Refer to City Attorney)
(d)
Claim for Damages and Personal Injuries
from Sharon K. Newell, 3418 Mona Way,
Bakersfield. (Refer to City Attorney)
(e)
Claim for Damages from Carol Joyce Bryant,
4401 Hughes Lane #165, Bakersfield. (Refer
to City Attorney)
(f)
Claim for Damages from State of California,
Department of Transportation, 1352 West
Olive Street, Fresno, California. (Refer
to City Attorney)
(g)
Claim for Damages from Domingo Marroquin,
2416 Lucky Street, Bakersfield. (Refer to
City Attorney)
(h)
Claim for Damages from Delores Segura,
2512 Bernice Street, Bakersfield. (Refer
to City Attorney)
(i)
Claim for Damages from Aubrey M. Wood,
DBA Oak Street Barber Shop, 210 Oak
Street, Bakersfield. (Refer to City
Attorney)
(J)
Claim for Damages from R. V. Karlen, M.D.,
Inc., 1914 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
(k)
Application to Present Late Claim for
Damages from Cecil J. Moses, l105 Daly
Road, Ojai, California. (Refer to City
Attorney)
Bakersfield, California, April 8, 1981 - Page 6
(i)
Street Right-of-Way Deed from The Bluffs
Owners Association, Inc., for dedication
of Westbluff Court from Panorama Drive to
the entrance to Tract No. 3538, located
north of Panorama Drive and east of Union
Avenue.
(m)
Notice of Completion and Acceptance of
Work on Parcel Map No. 4734 - Parcel "A",
Contract No. 79-41 with Southgreen
Partners, located on Ming Avenue west of
New Stine Road.
(n)
Application for Encroachment Permit from
Great Western Builders, 115 - 18th Street,.
for construction of a 42" high wrought
iron fence adjacent to back of sidewalk
at southeast corner of Hardin Way and
Terrebone Court.
(o)
Application for Encroachment Permit from
Koenig & Wood, 6615 East Pacific Coast
Highway, Suite 215, Long Beach, California,
for construction of a stairway (2 steps)
2 feet 4 inches behind sidewalk at 3711
Columbus Street.
(p)
Plans and Specifications for traffic
signals on California Avenue at Mervyn's
main entrance.
Upon a motion by Councilman Ratty, 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:
Noes:
Councilmen Payne, Ratty, Rockoff,
Christensen, Means
None
Strong, Barton,
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid o£ Hydrex
Pest Control, in the amount of $2,496.00, for Annual Contract for
Pest Control (16 locations), was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rockoff, low bid of Hoven
and Company, in the amount of $6,093.30, for Annual Contract for
Blueprint Reproduction, was accepted, the other bid rejected and
the Mayor was authorized to execute the contract.
8O6
Bakersfield, California, April 8, 1981 - Page 7
Upon a motion by Councilman Ratty, bid of General Seating
Co., in the amount of $24,226.41, for Aluminum Planks and Accessories
for the Parks Department, was accepted.
Upon a motion by Councilman Payne, low bid of Enriquez
Construction Company, in the amount of $110,650, for Annual Contract
for Curbs, Gutters and Sidewalks, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
NEW BUSINESS
Referral of an Emergency Ordinance
of the Council of the City of Bakers-
field amending Section 7.12.200 of
Chapter 7.12 of the Municipal Code
of the City of Bakersfield, limiting
the number of days per week for the
conduct of Bingo Games.
Recent applications for Bingo Licenses indicate that
there may be a trend developing in which qualifying organizations
are being formed for the primary purpose of conducting Bingo Games.
A telephone survey was made o£ 13 out of 15 present holders of
licenses, and ll out of 13 believed that 1 day per week was a
reasonable and beneficial restriction to all license holders. The
two organizations objecting to restricting days o£ operation were
the Community House (3 days) and the Detox Center (3 days).
Mr. Phil Penningroth, Alcohol Program Coordinator for
Kern County, speaking against restricting the number of days an
organization can operate a Bingo Game in one week, explained that
the Detox Center, Disco Inferno (for teenagers) and other services
£or alcoholics are being subsidized by some of the funds from their
Bingo Games. Mr. Penningroth requested that the Bingo Ordinance
not be amended so that the number o£ operating days in one week
are restricted, because they would lose a great deal of revenue.
Mr. Alfred Stanley, Treasurer of Kern Philharmonic, stated
they believe that limiting their game to one time per week will
help keep Bingo within the parameters o£ the original spirit of
the ordinance.
Bakersfield, California, April 8, 1981 - Page 8
Mr. David Lee Moor~ Chairman of St. Francis Catholic
Church Bingo, stated they hold a Bingo Game on Tuesday nights to
help support the upkeep of St. Francis Grade School. If an organi-
zation comes into town and operates several nights a week it will
force them into a competitive situation, because the money is needed.
Mr. Moore requested that Bingo be limited to one night per week per
organization.
Kia Ruoos, Chairman of California Human Abuses Matrix
for Prevention Services (CHAMPS), stated the purpose of their
organization is to offer assistance to victims of abuse and to
educate and inform the public on abuses.
Mr. Denny Jackson, Secretary & Vice-President of CHAMPS,
explained some of the services their organization will be offering
the community.
Councilman Means made a motion that Emergency Ordinance
of the Council of the City of Bakersfield amending Section 7.12.200
of Chapter 7.12 of the Municipal Code of the City of Bakersfield,
limiting the number of days per week for the conduct of Bingo
Games, be referred to the Auditorium-Recreation Committee, with
participation from the City Attorney, Chief of Police and various
organizations, to develop guidelines.
Chie£ of Police Price stated there is not sufficient
manpower within the Police Department to monitor and maintain a
watch on Bingo Games. When State law allowed cities to adopt
ordinances permitting charitable organizations to conduct Bingo
Games, it was £elt they would be small, for local people. The
problem cropping up all over the State is that there are organiza-
tions that are using this as a livelihood. There have been
accusations of skimming and tremendous amounts of money is being
made, which tempts organized crime and other organizations. Chief
Price stated he is not hinting or intimating that there is organized
crime in any Bingo Game now operated, or proposed to be operated,
Bakersfield, California, April 8, 1981 - Page 9
in the City of Bakersfield. Bingo should not be the sole liveli-
hood of any organization.
Mr. Doug Ringler, Chairman of the Eagles Bingo Game,
requested that the Council limit Bingo Games to one per week per
organization, because they are losing money for charitable purposes
to the larger organizations who are operating several times per
week and offering larger prizes.
Mr. John Papasergia, representing Our Lady of Perpetual
Help Parish, stated the profits from their Bingo Games help support
their grade school and the large organizations are hurting their
attendance. Mr. Papasergia requested that the Council adopt the
ordinance limiting Bingo to one night per week per organization.
Beverly Lambourne, President of Symphony Associates,
stated their Bingo Game is just an aid to help fund their programs
and requested that the number of games per week be limited.
Mr. Robert A. Hutchinson stated this is just a matter of
whether or not Bakersfield wants Bingo as big business. If so,
the current ordinance should be left as it is. If not, the number
of games per week should be limited.
Joan Garibaldi, Chairman of Garces Bingo, stated their
students benefit from their Bingo Program and they feel the number
of games per week should be limited so all the organizations get
an equal share of the proceeds.
John Slikker, Elks Lodge, stated it is greed that is
creating this problem and the Elks Lodge feels the number of games
per week should be limited to one.
Lonnie Gianquinto, President of Bakersfield Community
House Board of Directors, stated they have no objections to limiting
the number of Bingo Games to two times per week.
Mr. Bob Pickard, Moose Lodge, stated the larger games
can give away larger prizes and they cannot compete with them.
The Moose Lodge would like to see the number of games per week
limited to one.
Bakersfield, California, April 8, 1981 - Page l0
309
Mr. Lee Hayes, Secretary of Stockdale Moose Lodge, stated
they contribute to local charities with funds received from their
Bingo Games and they are not large enough to compete with the
larger games. They would like to see the number of games per week
limited to one.
Councilman Means' motion that Emergency Ordinance of the
Council of the City of Bakersfield amending Section 7.12.200 of
Chapter 7.12 of the Municipal Code of the City of Bakersfield
limiting the number of days per week for the conduct of Bingo Games,
be referred to the Auditorium-Recreation Committee, with partici-
pation from the City Attorney, Chief of Police and various organiza-
to develop guidelines, carried by the following roll call
tions,
vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Upon a motion by Councilman Barton a brief recess was
declared at 9:50 P.M.
and the Council reconvened at 9:55 P.M.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property in the City of Bakersfield
commonly known as 3319 Maywood Drive;
and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by The Develop-
ment Groupe, Inc., and would change subject property from an R-1
(One Family Dwelling) Zone to a P.U.D. (Planned Unit Development)
Zone.
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 3319
Maywood Drive; and making findings in connection with a P.U.D. Zone.
Bakersfield, California, April 8, 1981 - Page
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 210
through 222 South "H" Street.
The application for this amendment was made by Wiley D.
Hughes and would change subject property from an R-2 (Limited
Multiple Family Dwelling) Zone to a C-O (Commercial and Professional
Office) Zone. The Planning Commission recommended approval of the
amendment 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 of those certain properties in the
Bakersfield commonly known as 210 through 222 South "H"
City of
Street.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 1413
Chester Place.
The application for this amendment was made by Max
Gradowitz and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to an R-3-P
Family Dwelling - Automobile Parking) Zone.
recommended approval of this amendment.
(Limited Multiple
The Planning Commission
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 1413 Chester Place.
HEARINGS
This is the time set for continued hearing on an Appeal
by Kern River Development, Inc., to the decision of the Planning
Commission denying its application regarding public access to the
Kern River from Tentative Tract No. 4179-A, located east of
Bakersfield, California, April 8, 1981 - Page 12
Rancheria Road and west of the Kern River, approximately one mile
north of Highway Route 178.
This hearing was duly advertised and the property owners
notified as required by law.
The Planning Commission, at its meeting of March 5, 1981,
made findings that no easement for public access to the Kern River
was proposed or provided by the subdivider from a public highway
through the subdivision to the river or along the bank of the river
within the subdivision, and that no reasonable public access to the
river exists within a reasonable distance from the subdivision.
Accordingly, the Planning Commission recommended denial of the map.
The public portion of this hearing was closed at the
Council Meeting of March 25, 1981, and the matter was referred to
the Water and City Growth Committee for a report back to the Council,
including answers to specific questions asked by the Council.
Upon a motion by Councilman Rockoff, appeal by Kern River
Development, Inc., to the decision of the Planning Commission
denying its application regarding public access to the Kern River
from Tentative Tract No. 4179-A, located east of Rancheria Road
and west of the Kern River, approximately one mile north of Highway
Route 178, was continued until the Council Meeting of April 22,
1981, and answers to questions submitted by the Council and the new
Supreme Court ruling are to be furnished to the Council, by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
This is the time set for public hearing to obtain input
from the public as to whether or not the City of Bakersfield should
get actively involved in prosecuting State laws in the area of
pornography.
Bakersfield, Cali£ornia, April 8, 1981 - Page 13
pation.
Mayor Shell declared the hearing open for public partici-
Edna Gleed, representing the Rape Hot-Line of Kern County,
stated their primary purpose is rape prevention and emotional support
for rape victims in this community. They believe the constant
linking of sex and violence in the media is dangerous to the well--
being of women and children, and they are concerned about the impact
of pornography on potential victims other than the male consumer.
The Rape Hot-Line feels the City should spend funds for subsidizing
Neighborhood Crime Prevention Programs, Self-Defense Programs for
women, children & elderly and a Self-Defense & Crime Awareness Work-
shop for the downtown businesses and their employees, rather than
prosecuting adult bookstores on 19th Street. It is vitally important
for all women to speak out against pornography in their homes, work,
schools and various organizations. It is recommended that any pro-
duct or material that demeans women and children in the media be
economically boycotted.
Mr. Robert A. Hutchinson stated he objects to the porno-
graphy bookstores and movie houses in Bakersfield. Materials sold
by pornography shops are very inexpensive to acquire compared to
the prices charged, making it a very profitable business. One
possible suggestion is to eliminate the profit. Maybe a bookstore
could be opened and items sold very cheap, thereby, putting the
pornographer out of business, because when there is no profit they
will go out of business. When they go out of business we go out of
business.
Reverend William Few, Pastor of Woodlane Baptist Church
and Publisher of the Kern Herald, read a letter from Father Harris
of St. Francis Church stating the staff and members of the church are
100% behind any effort to eradicate pornography from this community.
Reverend Few urged support of Senate Bills 759 and 760 and stated
there are ways to combat pornography and asked the City Council to
do all they can to eradicate this blight on the community.
Bakersfield, California, April 8, 1981 - Page 14
Mr. Tom Orr stated it is important for cities to actively
participate in the prosecution of pornography laws, because we
cannot expect it to be done at the State or Federal level.
Mr. Joe Beckett, Kern County Prosecutor, stated he has
been actively involved in the prosecution of obscenity cases for
about 10 years. Mr. Beckett thanked the Council for their support
of Senate Bills 759 and 760 and suggested that the Council actively
lobby in favor of these bills in Sacramento on April 21, 1981. Mr.
Beckett outlined the history of obscenity cases in Kern County so
the Council could properly evaluate whether or not the City Attorney's
Office should assume part of the task and stated the prosecution
of these cases are extremely expensive and take a tremendous amount
of manpower.
After a very lengthy discussion, upon a motion by Council-
man Barton the Legislative Committee and Mayor were granted the
authority to diligently lobby, locally and in Sacramento, for the
passage of SB 759 and 760, by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
Council,
adjourned at 11:30 P.M.
MAYOR of City of Bakersfield, Calif.
ATTEST:
CITY CLERK ~nd E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, April 15, 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., April 15, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation in the form of a prayel'
submitted by Pastor David Newquist of the First Presbyterian Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Ratty, Rockoff, Strong, Barton,
Absent: None
Christensen, Means, Payne
Minutes of the regular meeting of April 1, 1981 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Charles Drew, President of Kern Farmers Market
Association, 2724 "L" Street, requested that the Council renew
their contract for a Farmers Market in Bakersfield at a vacant
City-owned lot bordered by "M", "N", 21st and 22nd Streets, which
will conduct business each Saturday from 7:00 A.M. to l:00 P.M.,
from May 16, 1981 to mid-November, 1981.
Upon a motion by Councilman Rockoff, the City Attorney
was requested to draft a contract with the Kern Farmers Market
Association for consideration by the Council as soon as possible.
Mrs. Phyllis Adams, representing the Chamber of Commerce,
announced that the Chamber is presenting an original musical
production entitled "Maggie," to raise funds to enable the Chamber
to construct their own building.
Mayor Shell presented a proclamation to Mrs. Adams de-
claring April 24 to May l, 1981, as "Maggie" Week to stimulate
interest and enthusiasm in this production.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Griffith & Thornburgh, Attorneys at Law, 8 East Figueroa Street,
Suite 300, Santa Barbara, California, dated April 3, 1981, regarding
Bakersfield, California, April 15, 1981 - Page 2
vacation of a portion of Sill Place, east of Oswell Street, was
received and referred to staff.
Upon a motion by Councilman Payne, communication from
Cornerstone Engineering, Inc., dated March 30, 1981, requesting
annexation of property located generally south of the Arvin-Edison
Canal and north of Hosking Road, between Wible Road and South "H"
Street, was received and referred to the Planning Commission for
study and recommendation.
Upon a motion by Councilman Payne, communication from
American Home Industries Corporation, dated April 9, 1981, regarding
rental of City property located at 1611 and 1612 "S" Street, was
received and referred to staff for study and recommendation as
soon as possible.
Upon a motion by Councilman Payne, communication from
C & H Company 530 East 18th Street, dated April 9, 1981, along
with letters of approval from Ernest E. Montoya and Edward E.
Pieper, requesting a Conditional Use Permit to operate a business
at 930 Brundage Lane, was received and referred to the Planning
Commission for response to the request as soon as possible.
Upon a motion by Councilman Ratty, communication from
Mrs. Marjorie R. L. Blake, 7612 Saddleback Drive, dated March 22,
1981, regarding a buffer between Truxtun Avenue Extension and their
property located on Saddleback Drive, was received and referred to
staff for study and recommendation.
Upon a motion by Councilman Payne, communication from
Moreland Engineering, Inc., dated April 8, 1981, regarding Tract
No. 4221, request for Waiver of Signature, was received and ordered
placed on file.
Upon a motion by Councilman Rockoff, communication from
the Department of Housing and Urban Development, dated April 7,
1981, regarding Application Holdover for the City of Bakersfield's
Urban Development Action Grant for the Downtown Redevelopment
316
Bakersfield, California, April 15, 1981 - Page 3
Project, was received, ordered placed on file and a copy forwarded
to the Redevelopment Agency.
COUNCIL STATEMENTS
Councilman Ratty requested staff to draft an appropriate
schedule for conducting Council Meetings every other week or two
times per month, including one meeting held every month strictly
for public hearings.
Councilman Rockoff announced that next week he intends
to nominate Mr. W. R. Lamb for reappointment to the Citizens
Auditorium-Recreation Committee.
Councilman Christensen requested that if there is nothing
scheduled for the Workshop Session that it be left off the agenda
entirely.
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 4-81 regarding Computerized
Marquee for Civic Auditorium, as follows:
In February, the Auditorium-Recreation Committee
discussed a proposal presented by Mr. Rod Wilson
of American Sign & Indicator to erect a computer-
ized marquee at the Civic Auditorium. The
initial cost of approximatley $80,000 and funds
needed for maintaining the sign would be donated
to the City by interested parties in the com-
munity. Mr. Wilson had received two firm
commitments for the referred-to funding, however,
it was the consensus and recommendation of this
Committee that the City make appropriate public
announcements to insure that all parties interested
in participating in this program would have the
opportunity.
At the City Council Meeting on February 25,
1981, the City Council moved to authorize the
Finance Department to make appropriate announce-
ments and place appropriate advertisements
soliciting participation by interested parties.
The Finance Department did solicit participation,
but received no responses.
On April 8, 1981 this Committee met to further
consider and review the proposal from American
Sign & Indicator. The concept of the sign
purchase and maintenance being funded by dona-
tions would allow the donors to have sponsor
identification panels and certain limited
advertising on the sign itself. The Building
Bakersfield, California, April 15, 1981 - Page 4
817
Director pointed out that this type of advertising
is "off premise advertising" which is not permitted
by the City's Sign Ordinance. It has been the
policy of the Planning Commission to deny
"Special Sign Permits" for any such signs. Since
this sign exceeds 150 sq. ft. in area, and the
Planning Commission,s authority is limited to
signs under 150 sq. ft., the Council must approve
or deny any such sign permits.
In light of the above circumstances, it was the
consensus of this Committee to refer the matter
to the entire Council for discussion.
Mr. Rod Wilson, American Sign & Indicator Corporation,
explained the configuration of the sign and how they are able to
erect computerized signs through sponsorship with local merchants.
In response to a question by Councilman Ratty, Mr. Wilson stated
this project would not be a reality if the sponsor panels are
removed.
Councilman Rockoff stated he is very concerned that the
City will be doing something that is denied to private enterprise
and opening the door for business to request Sign Ordinance
violations. Councilman Rockoff stated that rather than continually
making exceptions to the Sign Ordinance that the Council should
consider repealing it.
Councilman Means stated he agrees with Councilman Rockoff,
that the City should take the lead in adhering to the Sign Ordinance,
he has consistently done that, he will vote against this
and since
request.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 4-81 regarding Computerized Marquee
for Civic Auditorium, was accepted; consent to sign configuration
as presented, pursuant to Chapter 17.54 of the Municipal Code, was
granted; and the agreement with the sign manu£acturer and donors of
the sign will be presented to the Council at a later date for
approval, by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Payne
Noes: Councilmen Rockoff, Means
Absent: None
818
Bakersfield, California, April ~5, 1981 - Page 5
Councilman Ratty, in clarifying his vote, requested thai:
the Council review the design of the sign before it is approved.
City Manager Kelmar announced that next week's Workshop
Session will be on the Sign Ordinance.
Assistant City ~4anager-Finance Higginbotham reported
that last week the Council referred the matter of proposed AB 139~
to the Budget Review and Finance Committee for a report on how it
might affect the City of Bakersfield. The Kern County Auditor-
Controller's Office has not finalized the figures. They should
have the information next week and if it is received early enough
it will be furnished to the Council, if not the following week.
City Attorney Oberholzer reported that the Chief of
Police has requested that the Secondhand Dealer Permit issued to
Cleta Bird, 242 "H" Street, for buying and selling gold and silver
be revoked. That permit can only be revoked by the City Council,
pursuant to Section 7.18.080 of the Municipal Code, after a hearing
is held. The permit holder must be given five days written notice
and it is requested that the Council set the date of hearing for
April 22, 1981.
Upon a motion by Councilman Ratty, hearing regarding
revocation of a Secondhand Dealer's Permit held by Cleta Bird,
242 "H" Street, was set for Wednesday, April 22, 1981.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6103 to 6293,
inclusive, in the amount of $448,854.01.
(b) Claim for Damages from Paul H. Jacobus,
1900 - 21st Street, Bakersfield. (Refer
to City Attorney)
(c) Claim for Damages from Leeway Motor Freight,
1407 - 34th Street, Bakersfield. (Refer to
City Attorney)
(d) Claim for Damages from Suzanne Eckberg,
4200 Boise Street, #18B, Bakersfield.
(Refer to City Attorney)
Bakersfield, California, April 15, 1981 - Page 6
319
(d), (e),
Calendar,
Ayes:
Noes:
Absent:
(e)
Claim for Damages from Cartie Jeanette
Jones, Guardian ad litem for Devin Xavier
Brown, c/o Jacobson & Gianquinto Law
Corporation, 651 "H" Street, Bakersfield.
(Refer to City Attorney)
(f)
Map of Tract No. 4341 and Improvement
Agreement with Elmer F. Karpe, Inc., for
construction of improvements therein,
located west of Akers Road.
(g)
Map of Tract No. 4465 and Improvement
Agreement with Coleman Construction, Inc.,
for construction of improvements therein,
located at the southwest corner of Ming
Avenue and Barrington Street.
(h)
Notice of Completion and Acceptance of
Work on Parcel Map No. 4734, Contract No.
78-62 with The First Baptist Church of
Bakersfield, located at northwest corner
of New Stine Road and Ming Avenue.
(i)
Application for Encroachment Permit from
Houchin Community Blood Bank, 2600 "G"
Street, for construction of a 2 foot high
free standing sign at northeast corner of
26th and "G" Streets.
(J)
Plans and Specifications for Storm Drains
in Kern Street, south of 19th Street, and
"V" Street at the Atchison Topeka and
Santa Fe Railway.
(k)
Plans and Specifications for construction
of Curb and Gutter in the Lowell Addition
Area.
(i)
Plans and Specifications for resurfacing
portions of Truxtun Avenue and Chester
Avenue and reconstruction of a portion of
Eye Street.
(m) Plans and Specifications for construction
of Multi-Purpose Building at Planz Park.
Upon a motion by Councilman Means, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1) and (m) of the Consent
were adopted by the following roll call vote:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
None
None
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of B and B
Plumbing, in the amount of $9,540, for construction of Sanitary
Bakersfield, California, April 15, 1981 - Page 7
Sewers at Beach Park, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Black Oak
Nursery, in the amount of $10,000.00, for construction of Beach
Park Irrigation System, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Approval of Amendment to existing
Contracts with 01cese Water District
permitting, among other things, the
assignment of certain existing rights
to store water in the City's 2,800
acre spreading area held by the
Olcese Water District to the Buena
Vista Water Storage District.
This agreement brings the existing contracts into con-
formity with recently negotiated contracts involving the Olcese
Water District. One of those contracts resulted in an exchange
agreement between the Olcese Water District and the Buena Vista
Water Storage District, which makes water physically usable in the
Olcese Water District. The 01cese Water District serves the Rio
Bravo Annexation area of the City. This agreement facilitates that
exchange by permitting Buena Vista's use of the City's spreading
area under specified terms and conditions.
Mr. Stanley Hatch, Special Water Counsel for the City
of Bakersfield, explained the amendments to the Council. They
bring into conformity the City's existing spreading agreements,
which basically permitted, in 1977, the Olcese Water District to
use the spreading area for their purpose. It brings it into con-
formity with recently negotiated agreements. The basic purpose of
this amendment relates to the 1977 annexation of the Rio Bravo area.
A commitment was made, at that time, that the area would be self-
supporting as far as utilities are concerned, but not developed at
the general taxpayers expense.
Councilman Rockoff requested that the word "City" be
defined on page 2, paragraph 3, section 2 of the contract.
Bakersfield, California, April 15, 1981 - Page 8
1321
Mr. Thomas Schroeter, Attorney, requested that any final
decision on this agreement be postponed until an environmental
review process can be conducted.
Councilman Means made a motion to holdover the amendments
to existing contracts with Olcese Water District permitting the
assignment of certain existing rights to store water in the City's
2,800 acre spreading area held by the Olcese Water District to the
Buena Vista Water Storage District until next week.
Mr. George Nickel explained this amendment merely updates
the 1977 Olcese Water District's agreement for spreading water.
The purpose of this agreement is a physical situation, where Buena
Vista has water that is not regularly on the river and they will
take water from the City's spreading area that will be pumped into
the concrete lined river canal and deliveries are made without
loss and Buena Vista will give up a like amount of its Kern River
water as it passes the Olcese Water District.
Mr. Jim Parker, Attorney, stated he represents clients
who are litigating Mr. Nickel and requested that a public hearing
be scheduled on these agreements before the Council takes any action.
Councilman Means' motion to holdover the amendments to
existing contracts with Olcese Water District permitting the
assignment of certain existing rights to store water in the City's
2,800 acre spreading area held by the Olcese Water District to the
Buena Vista Water Storage District until next
by the following roll call vote:
Ayes:
Noes:
Absent:
week, failed to carry
Councilmen Christensen, Means
Councilmen Ratty, Rockoff, Strong, Barton, Payne
None
Upon a motion by Councilman Ratty, Amendment to existing
Contracts with Olcese Water District permitting, among other things,
the assignment of certain existing rights to store water in the
City's 2,800 acre spreading area held by the Olcese Water District
1322
Bakersfield, California, April 15, 1981 - Page 9
to the Buena Vista Water Storage District, was approved and the
Mayor was authorized to execute same upon receipt by City Attorney
of related executed agreements.
Adoption of Ordinance No. 2636 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 210 through 222 South "H"
Street.
The application for this amendment was made by Wiley D.
Hughes and would change subject properties from an R-2 (Limited
Multiple Family Dwelling) Zone to a C-O (Commercial and Professional
Office) Zone.
The Planning Commission recommended approval of this
amendment with the application of the "D" Design Overlay.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2636 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 210 through 222 South "H" Street, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2637 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 1413 Chester Place.
The application for this amendment was made by Max
Gradowitz and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to an R-3-P (Limited Multiple Family
Dwelling - Automobile Parking) Zone.
Bakersfield, California, April 15, 1981 - Page 10
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2637 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 1413 Chester Place, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Strong, Barton, Christensen,
Councilmen Ratty, Rockoff,
Means, Payne
None
None
Ayes:
Noes:
Absent:
Adoption of Ordinance No. 2638 New
Series of the Council of the City of
Bakersfield amending Section 17.12.200
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of Bakers-
field commonly known as 3319 Maywood
Drive; and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by The
Development Groupe, Inc., and would change subject property from
an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Develop-
ment) Zone.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2638 New Series of the Council of the City of
Bakersfield amending Section 17.12.200 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 3319 Maywood Drive; 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 Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Bakersfield, California, April 15, 1981 - Page ll
NEW BUSINESS
Approval of Final 1981-82 Community
Development Block Grant Application
to be submitted to the Department of
Housing and Urban Development.
On March 4, 1981, the City Council approved the Draft
1981-82 Community Development Block Grant Application and authorized
it to be submitted for State and Area-Wide Clearinghouse Review.
No comments have been received. The Final Application must be sub-
mitted to HUD for their review no later than April l?, 1981. The
Block Grant funds are scheduled to be released July 1, 1981.
Upon a motion by Councilman Rockoff, Final 1981-82
Community Development Block Grant Application, was approved and the
staff was authorized to submit it to the Department of Housing and
Urban Development.
HEARINGS
This is the time set for public hearing before the Council
for hearing protests by persons owning real property or any registered
voter residing within territory designated as "Stockdale No. 12,"
proposed to be annexed to the City of Bakersfield.
This hearing has been duly advertised, posted, and the
property owners, all affected City, County or District and LAFCO
Executive Director have been notified as required by law.
This is an inhabited annexation containing 57.24 acres
of land located on the south side of Stockdale Highway at E1 Rio
Drive.
Mayor Shell declared the hearing open for public partici-
pation.
spoke in
The following persons asked questions of the staff and
favor of the annexation:
Patty Anderson, 513 Vista Verde Way.
Alice Underhill, 201 E1 Rio Drive.
Marian Boynton, 305 Starmount Lane.
Bakersfield, California, April 15, 1981 - Page 12
No protests or objections being received, Mayor Shell
closed the public portion of the hearing for Council deliberation
and action.
Upon a motion by Councilman Ratty, Resolution No. 23-81
of the Council of the City of Bakersfield making finding that a
majority protest has not been made and ordering the territory
designated as Annexation No. 283, Proceeding No. 750 (Stockdale
No. 12), annexed to the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Ratty,
Means,
None
Noes:
Absent:
Council,
adjourned at
Rockoff, Strong, Barton, Christensen,
Payne
None
There being no
upon a motion by Councilman Christensen,
10:05 P.M.
ADJOURNMENT
further business to come before the
the meeting was
R of t~City of Bakersfield, Calif.
ATTEST:
CITY CLE~ Ex~e~k of the
of the City of Bakersfield, California
Council
ma
Bakersfield, California, April 22, 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., April 22, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation in the form of a prayer
submitted by Pastor George Robin of the Northrup Street Church of
Christ.
Present:
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Rockoff, Strong, Barton,
Christensen, Means, Payne
Councilman Ratty
Absent:
Minutes of the regular meeting of April 8, 1981 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Virgil Wilson, Coach of the Emerson Junior High
School Basketball Team, reported on the team's trip to Hawaii,
thanked the Council for their support and stated they lost only
one game. Mr. Wilson presented a Certificate from the U. S. Army
Support Command, Hawaii, for outstanding participation and service
in the Aloha-Golden State Basketball Classic "Bakersfield," April
15-18, 1981.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
the Public Utilities Commission, dated April 13, 1981, regarding
hearing on lifeline air conditioning allowances, was received and
ordered placed on file.
Upon a motion by Councilman Payne, communication from
Local Bingo Players, dated April 22, 1981, objecting to the Council
limiting the number of Bingo Games an organization can conduct in a
one week period, was received and referred to the Auditorium-
Recreation Committee.
Bakersfield, California, April 22, 1981 - Page 2
827
COUNCIL STATEMENTS
Upon a motion by Councilman Means, the Council will
continue to pursue their efforts of last September by sending a
letter to the Public Utilities Commission requesting a hearing
that would order Pacific Gas & Electric Company to refund over-
payments on the Lifeline Rate to those people who were eligible
for that rate as of the effective date of May l, 1979.
Adoption of Resolution No. 24-81 of
the Council of the City of Bakers-
field opposing termination of AMTRAK
service in the San Joaquin Valley.
Councilman Christensen stated Kern COG suggested that
AMTRAK increase train speed, reschedule arrival and departure times,
improve AMTRAK facilities and provide a Bakersfield-Los Angeles
connection.
Councilman Christensen requested that the resolution be
mailed to the following persons:
U. S. Senator Alan Cranston
U. S. Seantor S. I. Hayakawa
U. S. Congressman William Thomas
California State Senator Rose Ann Vuich
California State Senator Walter W. Stiern
California State Assemblyman Gordon Duffy
California State Assemblyman Don Rogers
California State Assemblyman Phillip Wyman
Kern County Board of Supervisors
Mr. Alan Boyd, President AMTRAK
Mr. Reg Bell, Western Region Director of AMTRAK
Mr. Horace Austell, AMTRAK, Bakersfield
Upon a motion by Councilman Christensen, Resolution No.
24-81 of the Council of the City of Bakersfield opposing termination
of AMTRAK service in the San Joaquin Valley, was adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Ratty
In response to an article that appeared in the Kern Herald
entitled "Bakersfield City Council is Trying to be All Things to All
Men, Hoping to Please Someone," Councilman Christensen made a motion
Bakersfield, California, April 22, 1981 - Page 3
that the Council express their confidence in City Attorney
Oberholzer's instructions on the question of pornography. This
motion carried by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Ratty
Upon a motion by Councilman Payne, communication from
Presidio Construction, Inc., 1716 Oak Street #8, dated April 14,
1981, regarding F.H.A. 235 loan application, was received and
referred to the Budget Review and Finance Committee for response
to the Council as soon as possible.
Councilman Rockoff commended the staff and City Attorney
for the excellent memorandum responding to questions on water righl;s
and the new Supreme Court decision.
Upon a motion by Councilman Rockoff, W. R. Lamb, 719
Niles Street, Apt. H, was reappointed to the Citizens Auditorium-
Recreation Committee, term expiring January 3, 1988.
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 5-81 regarding Recreation
Budget for 1981-82, as follows:
The City Council Auditorium-Recreation Committee
met to review the proposed Recreation budget for
the 1981-82 fiscal year. Each year, the budget
is submitted prior to the regular budget hearings
in order that recruitment of personnel for the
summer programs may begin immediately.
The Recreation budget is divided into four
major activity areas, (1) Aquatics; (2) Sports;
(3) Parks and Playgrounds; and (4) the Cali-
fornia Avenue Park Neighborhood Facility. The
proposed budget totals $362,635 for Aquatics,
Sports, and Parks and Playground activity areas.
When compared to the 1980-81 budget, this
proposed amount reflects a decrease of $3,745.
Recently, the City Manager appointed a committee
comprised of the Chairman of the California
Avenue Park Neighborhood Facility Citizens'
Advisory Committee and members of the staff to
Bakersfield, California, April 22, 1981 - Page 4
review the effectiveness of the existing pro-
grams at the Facility and to make recommenda-
tions relative to these programs with the
intent of increasing the utilization of the
California Avenue Park Neighborhood Facility.
Pending their study and recommendations, the
Auditorium-Recreation Committee is not making
a recommendation for the California Avenue
Neighborhood Faility's budget at this time.
The following is a summary of the major changes
in the proposed budget of each major activity
compared to the prior year.
AQUATICS
The proposed Aquatics budget totaling $115,945
reflects an increase of $70. There are no
proposed changes in this program, however, an
increase in the number of participants of
approximately 5% is anticipated due to a program
of increased publicity. Additionally, the staff
plans to meet with local residents and interested
parties in the Jefferson Park area so as to help
eliminate the harassment of swimmers.
SPORTS
The proposed Sports budget totaling $124,630
represents a decrease of $7,145. The decrease
primarily is a reflection of the cutback of
adult basketball and elimination of the senior
citizens tennis tournament, consequently,
reducing temporary salaries and facility rentals
for the basketball programs. The Committee was
advised by the staff that the elimination of the
senior citizens tennis tournament was brought
about due to a lack of interest and partici-
pation by the seniors. The cutback of adult
basketball resulted from fewer teams partici-
pating because of increases fees necessitated
from the higher rentals the City has to pay
for gym rental.
In light of Council policy of recovering the
full cost of adult programs, it will be
necessary to increase the adult softball entry
fee from $330 to $375 per team.
PARKS AND PLAYGROUNDS
The proposed Parks and Playgrounds budget of
$122,060 reflects an increase of $3,600. The
increase is principally due to the City Council's
decision last year to increase the contribution
to the Kern Philharmonic. Also, due to the
increased program attendance at Beale, Jefferson,
Lowell, Quailwood Park and Castle School, temporary
and seasonal salaries reflect an additional 445
estimated hours for the Recreation Leaders.
Additionally, in an effort to keep pace with
rising costs for craft supplies, a fee increase
Bakersfield, California, April 22, 1981 - Page 5
to 259 (currently 10~) is being requested. The
The current 10~ rate has been in existence in
excess of l0 years and dues not adequately
defray costs.
In conclusion, this Committee concurs with the
above. Additionally, this Committee feels the
Recreation budget should include an objective
to study the feasibility of establishing a
Recreation District for south of the Kern River
similar to the Recreation District north of the
Kern River. This Committee recommends adoption
of the proposed Recreation budget for the 1981-
82 fiscal year.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 5-81 regarding Recreation Budget
for 1981-82, was accpeted; and proposed Recreation Budget for
1981-82, was approved, including an objective to study the feasi-
bility of establishing a Recreation District for south of the Kern
River similar to the Recreation District north of the Kern River.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 5-81 regarding Tenneco Realty
Development Corporation Grant Deed, as follows:
At the Council Meeting on March ll, 1981, a
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 was referred to this Committee.
The staff expressed its concerns with the City's
past policy of accepting new park sites with-
out funds budgeted for the cost of construction
and ongoing maintenance of a park site. In
light of the financial constraints cities are
now under, and the fact that each new park site
requires at least one additional employee for
maintenance, the matter of initial and continued
financing for new park sites should be addressed
prior to their acceptance by the City.
At present, Tenneco Realty Development Corporation
plans to finance the cost of construction and
maintenance of new park sites west of Gosford
Road through Improvement Maintenance Districts.
Using this approach, financing will be the
responsibility of the "district" rather than
the entire City.
After considering the foregoing, this Committee
recommends that the grant deed for the drain-
field and park site be accepted from Tenneco
Realty Development Corporation, however, this
Bakersfield, California, April 22, 1981 - Page 6
Committee further recommends that the land not
be developed as a park site unless park funds
become available and are budgeted for construction
and maintenance. Additionally, this Committee
recommends that the City establish a policy
whereby future developments provide for financing
of constructing and maintaining new park sites
by use of "maintenance districts."
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 5-81 regarding Tenneco Realty Develop-
ment Corporation - Grant Deed, was accepted; and recommendations as
oultined in the report, were approved.
Assistant City Manager-Finance Higginbotham reported
that on April 8, 1981, the City Manager apprised the City Council
of the potential impact of proposed Assembly Bill 1393 (Rogers)
and pending litigation. The Council was advised that the County
of Kern is presently in litigation amounting to $90,000,000 with
the California Independent Oil Producers Association. Late this
afternoon the Auditor-Controller's Office was informed the City of
Bakersfield's share of the $90,000,000 for the tax years 1978,
1979 and 1980 is estimated to be in excess of $341,000 per year.
While AB 1393 has no effect on pending litigation, it does propose
to determine the basis for assessing valuation of oil for tax years
subsequent to 1980. AB 1393 proposed to put the valuation of oil
on the same basis as all other property. Assemblyman Rogers
indicated whatever the outcome of the current judicial proceedings,
he would amend the Bill accordingly.
Upon a motion by Councilman Means, the Mayor was requested
to send the necessary communications to the City's Legislators
expressing the Council's opposition to AB 1393.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6294 to 6436,
inclusive, in the amount of $134,605.64.
(b) Claim for Damages from Michael McFarland,
947 Lincoln Avenue, Napa, California.
(Refer to City Attorney)
8.q2
Bakersfield, California, April 22, 1981 - Page ?
(e)
Pipeline Easement from the City o£ Bakers-
field to Tosco Corporation to allow Tosco
to connect two existing pipelines, located
approximately 300 feet north of the inter-
section of Truxtun Avenue and Coffee Road
on the east side of Coffee Road.
(d)
Application for Encroachment Permit from
Kern Delta Water District, P.O. Box 155,
Del Kern Station, for construction of a
6 foot high chain link fence behind side-
walk area at northeast corner of 10th and
"Q" Streets.
(e)
Plans and Specifications for construction
of farm road at Plant No. 2, located north
of Panama Lane along the east section line
of Section 22.
(f) Deleted.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d) and (e) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Ratty
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Armour of
America, in the amount of $4,070.40, for Protective Vests, was
accepted and all other bids rejected.
Deferral of action on Lease Agreement
for City-owned property at 1611 and
1612 "S" Street.
On April 15, 1981, the Council instructed the Finance
Department to solicit bids for leasing property at 1611 and 1612
"S" Street. Two proposals were received, ranging in price from
$2,500.00 to $2,505.50. The higher proposal from Knight's Building
Materials is considered acceptance by the staff.
Assistant City Manager-Finance Higginbotham stated last
week, as a result of correspondence from American Home Industries,
the Council requested staff to readvertise for bids on this
property. This was done and the bids were opened today. The
Finance Department advertised for the required number of days and
Bakersfield, California, April 22, 1981 - Page 8
two bids were received. One in the amount of $2,500 per month
from American Home Industries and one in the amount of $2,505.50
per month from Knight's Building Materials. A minimum acceptable
amount of $2,500.00 was stated in the bid requests. Neither party
was present at today's bid opening.
City Attorney Oberholzer stated that the letter from
American Home Industries received at last week's meeting is a
public document and can be read by anyone. The Council cannot
reject these bids on the grounds that the bidder they felt should
have gotten it did not. The Council must accept the higher bid as
long as the bidder met specifications and apparently Knight's
Building Materials did meet those specifications.
Councilman Payne stated he is not concerned with who gets
the property, however, he is concerned that through the Council's
processing of correspondence American Homes Industries' proposal
became public.
Mr. Don Bird, Vice-President of Finance for American
Home Industries, stated the letter sent to the Council last week
was really intended to be a proposal, whereby, they would have an
opportunity to discuss this with the Council or staff. Subsequently
they received a phone request that the proposal be put in the form
of a bid. The forms were forwarded by the Purchasing Department
and the proposal was put in the form of a bid.
that they could be present at the bid opening
the bid.
expressed
They were not aware
and verbally adjust
Mr. Charles Duncan, Consultant for American Home Industries,
his dissatisfaction with the way this bid was handled.
Councilman Payne stated he wants it understood that he
mentioned the dollar amount proposed by American Home Industries
in their letter last week, not the staff.
Upon a motion by Councilman Strong, action on bids on a
Lease Agreement for City-owned property at 1611 and 1612 "S" Street
Bakersfield, California, April 22, 1981 - Page 9
was deferred until staff has
the following roll call vote:
Ayes: Councilmen Rockoff,
Payne
had time to review both proposals, by
Strong, Barton, Christensen, Means,
Noes: None
Absent: Councilman Ratty
NEW BUSINESS
Adoption of Resolution No. 25-81 of
the Council of the City of Bakers-
field urging the State Legislature
to adopt Assembly Bill 1856.
This Assembly Bill would waive the contractor's payment
bond requirement for emergency services performed for the City in
February and March, 1979, as the result of inundations of flood
waters. Passage of this bill will make the City eligible for
approximately $65,000 in Federal Disaster Assistance and Flexible
Funding Grants.
Upon a motion by Councilman Barton, Resolution No. 25-81
of the Council of the City of Bakersfield urging the State Legis-
lature to adopt Assembly Bill 1856, was adopted by the following
roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Ratty
Approval of Agreement between Kern
Farmers Market Association and the
City of Bakersfield for use of City-
owned property bordered by "M", "N",
21st and 22nd Streets.
Upon a motion by Councilman Christensen, Agreement
between Kern Farmers Market Association and the City of Bakersfield
for use of City-owned property bordered by "M", "N", 21st and 22nd
Streets, was approved and the Mayor was authorized to execute same.
Approval of Amended Joint Powers
Agreement with the County of Kern
and Incorporated Cities within the
County establishing the Kern County
Council of Governments.
Bakersfield, California, April 22, 1981 - Page 10
This agreement updates the original agreement signed in
1970, conforming it to current California State law and clarifyin~
ambiguities existing in the original. Under the new agreement Kern
COG will consist of 13 members instead of 12. The County of Kern
will have two members from the Board of Supervisors instead of one.
and all other membership remains the same.
Upon a motion by Councilman Means, Amended Joint Powers
Agreement with the County of Kern and Incorporated Cities within
the County establishing the Kern County Council of Governments, was
approved and the Mayor was authorized to execute same.
Authorization granted Assistant City
Manager-Finance to increase Petty
Cash-Stamp Fund in City Clerk's Office
to $200.00.
This petty cash fund has been $150.00 since stamps were
raised to 10~ each. The price of stamps was raised to 18~ in
March, 1981, and the current amount of the fund is not sufficient.
Upon a motion by Councilman Rockoff, authorization was
granted to the Assistant City Manager-Finance to increase the
Petty Cash-Stamp Fund in the City Clerk's Office to $200.00.
Adoption of Resolution No. 26-81 of
the Council of the City of Bakers-
field deleting a Council Meeting in
the month of May, 1981.
Upon a motion by Councilman Christensen, Resolution No.
26-81 of the Council of the City of Bakersfield deleting a Council
Meeting in the month of May, 1981, was adopted by the following
roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Ratty
HEARINGS
This is the time set for hearing before the Council on
a "Secondhand Dealers" Permit held by Cleta Bird,
the revocation of
242 "H" Street.
Bakersfield, California, April 22, 1981 - Page ll
Robert Vander Noor, Attorney for Cleta Bird, requested
that this hearing be continued until May 20, 1981, when a deter-
mination will have been made whether the criminal charges brought
against her by the Police Department will survive the courts. He
will be in a better position to defend her after this preliminary
hearing. If the continuance is not granted he will have to advise
Mrs. Bird to walkout, because he cannot present any evidence on
her behalf at this time.
Councilman Payne stated if Mr. Vander Noor advises his
client to walkout of this hearing the Council will have no choice
but to revoke her license. The Council is not interested in evidence
that might indicate her guilt or innocence on the felony charges.
The Council is merely trying to determine whether or not she
complied with or violated the Municipal Code section pertaining to
Secondhand Dealers Permit.
Mr. Vander Noor stated the City is operating under laws
that are obsolete, based on the statutes passed in January, 1981,
requiring uniform reporting.
Mr. Charles Wilson, Assistant City Attorney, stated Mrs.
Bird was properly noticed on this hearing and requested that the
Council hear Police Captain Patterson before making a decision on
whether or not to hold the hearing tonight.
Captain Patterson requested that the Council consider
revoking Cleta Bird's Secondhand Dealers Permit without a continuance
because of numerous offenses in the operation of her business. Mr~s.
Bird and her employees have been warned numerous times about
violations and nothing has been done to correct it. The Police
Department is going to allege there is a conspiracy between Cleta
Bird, her employee and another person who may or may not be a
partner in the business. In going through random slips that were
pulled, well over 30% of the business conducted was falsified. The
Police Department is prepared to present to the Council how that
Bakersfield, California, April 22, 1981 - Page 12
837
was falsified. A Police Officer was sent into the business four
times and on each occasion she violated all the provisions of the
Municipal Code and State law.
Assistant City Attorney Wilson stated the Police Depart--
ment's position is that due to the enormous amount of property that
is being handled through her establishment that she should not be
allowed to continue to operate for an unknown period. The Police
Department requests that it be stopped now. After the criminal
actions are completed the Council can consider, at that time, re-
issuing a permit. To allow her to continue is an insult to the
honest dealers in this town.
City Attorney Oberholzer stated the Council is not involved
with the criminal proceedings tonight. Revoking the permit of Cleta
Bird is an administrative matter. Under the City's ordinance there
is nothing illegal about considering the revocation of her permit
prior to the conduct of criminal proceedings. If Mr. Vander Noor
chooses not to call her forward as a witness that is his choice.
The action taken by the Council tonight would not be admissible in
the criminal court proceedings.
During a lengthy discussion, Councilman Christensen made
a motion to adjourn the meeting, which failed to carry. Councilmen
Rockoff, Strong, Barton, Means and Payne voted in the negative on
this motion.
Councilman Barton made a motion that a continuance until
May 20, 1981, on the hearing regarding revocation of a "Secondhand
Dealers" Permit held by Cleta Bird, 242 "H" Street, not be granted.
Councilman Strong stated he felt the continuance requested
by Mrs. Bird's Attorney should be granted.
Councilman Christensen offered a substitute motion that
the hearing regarding revocation of a "Secondhand Dealers" Permit
held by Cleta Bird, 242 "H" Street, be tabled until May 20, 1981.
Councilman Christensen called for the question and this
motion was unanimously approved.
Bakersfield, California, April 22, 1981 - Page 13
Councilman Christensen's substitute motion that the
hearing regarding revocation of a "Secondhand Dealers" Permit held
by Cleta Bird, 242 "H" Street, be tabled until May 20, 1981, failed
to carry by the following roll call vote:
Ayes: Councilmen Strong, Christensen
Noes: Councilmen Rockoff, Barton, Means, Payne
Absent: Councilman Ratty
Councilman Barton's motion that a continuance until May
20, 1981, on the hearing regarding revocation of a "Secondhand
Dealers" Permit held by Cleta Bird, 242 "H" Street, not be granted,
carried by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, ~eans, Payne
Noes: Councilman Strong
Absent: Councilmen Christensen, Ratty
Mr. Vander Noor stated that based on their representation
they are unable and unwilling to provide a defense to this hearing
for logical legal maneuvers and questions that he has proposed to
his client. Rather than hearing evidence on this he would request
that the Council summarily deny the permit without a hearing, so
Mrs. Bird's reputation will not be damaged any further.
City Attorney Oberholzer requested that Mr. Vander Noor
enter a stipulation that if City Council evidence were presented
there would be sufficient evidence for them to make a determination
that it appears there were irregularities and improprieties in the
conduct of her business so the permit can be revoked.
Mr. Vander Noor stated they will stipulate that there
would be enough evidence presented to convince the Council to have
a revocation and he consents to a revocation summarily without a
hearing.
Upon a motion by Councilman Payne, the Secondhand
Dealers Permit held by Cleta Bird, 242 "H" Street, was revoked
Bakersfield, California, April 22, 1981 - Page 14
based on the stipulation presented by Mr. Vander Noer, by the
following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Means, Payne
Noes: None
Absent: Councilmen Christensen, Ratty
This is the time set for continued hearing on an Appeal
by Kern River Development, Inc., to the decision of the Planning
Commission denying its application regarding public access to the
Kern River from Tentative Tract No. 4179-A, located east of
Rancheria Road and west of the Kern River, approximately one mile
north of Highway Route 178.
This hearing was duly advertised and the property owners
notified as required by law.
The Planning Commission, at its meeting of March 5, 1981,
made findings that no easement for public access to the Kern River
was proposed or provided by the subdivider from a public highway
through the subdivision to the river or along the bank of the
river within the subdivision, and that no reasonable public access
to the river exists within a reasonable distance from the subdivision.
Accordingly, the Planning Commission recommended denial of the map.
The public portion of this hearing was closed at the
Council Meeting of March 25, 1981, and the matter was referred to
the Water and City Growth Committee for a report back to the Council,
including answers to specific questions asked by the Council and a
copy of the new Supreme Court decision.
Upon a motion by Councilman Barton
on an Appeal by Kern River Development, Inc.
continued hearing
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 o£ the Kern River, approximately
one mile north of Highway Route 178, was continued until October
28, 1981.
Bakersfield, California, April 22, 1981 - Page 15
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 of t~ City of Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex ~)fficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, April 29, 1981
34l
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., April 29, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation in the form of a prayer
submitted by Pastor Norbert Oesch, St. John's Luthern Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Strong (seated at 8:05 P.M.),
Barton, Christensen, Means,
Payne, Ratty, Rockoff
Absent
None
Minutes of the regular meeting of April
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Payne,
15, 1981 were
communication from
Kern High School District, dated April 22, 1981, regarding notice
of limited availability and option to purchase certain school
district land located on southwest corner of Panorama Drive and
Royal Scotts Way, was received and referred to Public Works Depart-
ment for response.
Upon a motion by Councilman Christensen, communication
from Symphony Associates of the Kern Philharmonic Society, dated
April 29, 1981, requesting that the Council limit Bingo Games to
one night per week per organization, was received and referred to
the Auditorium-Recreation Committee.
COUNCIL STATEMENTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee gave a status report on the investigation of the
New Construction Incentive Program, as £ollows:
Referrals to proposals were made to the Budget
Review and Finance Committee and staff from
Robert Reader on February 27, 1981, Tommie
Townsend on April 8, 1981, and Presidio
Construction, Inc., on April 22, 1981. The
staff developed recommendations and reviewed
them with HUD in Los Angeles and the FHA in
842
Bakersfield, California, April 29, 1981 - Page 2
Fresno to resolve conflicts in applicable
regulations. Staff reported to the Budget
Review and Finance Committee on April 27, 1981.
The Committee instructed staff to do the
following:
Contact lenders and builders in this area
to determine what reasonable net profit
on such units has been achieved in similar
projects, with the idea of putting a limit
on profits in this program.
2. Consider strengthening provisions for
constructing quality control.
3. Elicit comments on program from Kern County
Builders Exchange.
It is anticipated that the Committee will meet
again within two weeks to review this additional
information and prepare a report for the full
Council.
Councilman Payne stated that next week he plans to
nominate Mr. James Redstone, 7209 Outingdale Drive, for reappoint-
ment to the Planning Commission.
Adoption of Resolution No. 27-81 of
the Council of the City of Bakers-
field fixing the time of Meetings of
the Council during the months of May,
June, July, August and September,
1981.
Councilman Ratty stated that hearings before the Council
will be held during the off Wednesdays of the month.
Councilman Christensen stated he would not block this
resolution, but felt the public is being shortchanged.
Councilman Rockoff felt the Agenda would be too long if
the Council only meets every other week.
Upon a motion by Councilman Ratty, Resolution No. 27-81
of the Council of the City of Bakersfield fixing the time of
Meetings of the Council during the months of May, June, July,
August and September, 1981, was adopted by the following roll call
vote:
Ayes:
Noes:
Councilmen Strong, Barton, Christensen, Payne, Ratty
Councilmen Means, Rockoff
Absent: None
Bakersfield, California, April 29, 1981 - Page 3
Mayor Shell reported the first meeting of the voluntary
Bakersfield Beautification Committee was held last night. More
than 30 people participated. Mr. Bob Clerico will be the Chairman
and there is a lot of enthusiasm among the members.
REPORTS
Mayor Shell announced that Councilman Payne would not
participate in the following matter due to a real or imaginary
conflict of interest.
Assistant City Manager-Finance Higginbotham presented a
report regarding Lease of City Property at 1611 and 1612 "S" Street,
as follows:
At the Council Meeting of April 22, 1981, the
City Council moved to defer any action on bids
received for the leasing of City property
located at 1611 and 1612 "S" Street. The
deferral of action was to allow staff to examine
and review the procedures followed for the
leasing of the referred to property.
On February 4, 1981, Public Works Director,
Dale Hawley, received and forwarded to the
Finance Department the February 3, 1981
correspondence from Mr. Charles W. Duncan.
The correspondence makes reference to a conver-
sation between Mr. Duncan and Mr. Hawley wherein
Mr. Duncan expressed the interest of American
Home Industries in leasing the property on "S"
Street. Pursuant to the written request,
spoke with Mr. Duncan and advised him of the
steps and procedures necessary before an agree-
ment could be entered into for the leasing of
public property. More specifically, we dis-
cussed such items as notice of sale to be
published in the official newspaper and the
need to obtain competitive and formal quotations.
The Purchasing Division ordered an appraisal
which was transmitted to the City on March 16,
1981. Since the property being appraised was
approximately 90,000 square feet containing
numerous improvements, the time necessary to
complete the appraisal would not permit a bid
opening until late in March, if a minimum
acceptable amount was to be included in the bid
requests. Generally, the City uses appraisals
to assist in determining a minimum acceptable
bid.
In light of Mr. Duncan's indication of his
client's desire to expedite a lease agreement
as soon as possible, the bid opening was
scheduled for 2:00 p.m., March 12, 1981. Al-
though the appraisal has not yet been received
844
Bakersfield, California, April 29, 1981 - Page 4
by the City, it was anticipated it would be
received prior to making a recommendation to
the City Council. Mr. Duncan advised me he
felt that would be no problem since he was
certain the proposal from American Homes would
be fair and equitable. Mr. Duncan delivered
the bid from American Home Industries and
attended the bid opening. As noted above, the
appraisal was received on March 16, 1981.
After reviewing the appraisal and the single
proposal received from American Home Industries,
the staff recommended the City Council reject
all bids and readvertise for the leasing of
the property. The staff felt the recommendation
to reject the bid was in the best interests of
the City since the bid amount represented less
than 50% of the estimated fair rental value.
On April 2, 1981, staff prepared bid requests
as before, except in this case, the documents
reflected a "Minimum Acceptable Bid" of
$5,500.00 for the two pieces of property. The
documents were mailed to four prospective bidders,
including American Home Industries. Also, bid
documents were picked up by Mr. Charles Duncan
and a representative from Knight's Building
Materials. Additionally, Mr. Duncan picked up
a complete copy of the appraisal. The bid
opening was at 2:00 p.m., April 9, 1981, how-
ever, there were no bids received.
At the Council Meeting of April 15, 1981, the
City Council received the April 9, 1981 cor-
respondence from American Home Industries.
The correspondence contained two offers, one
of which was to lease the property at 1611 and
1612 "S" Street for a total of $2,500.00 per
month. The correspondence was referred to
staff with the Council requesting the staff
to act as soon as possible.
Pursuant to the Council's request, bid documents
were prepared reflecting a "Minimum Acceptable
Bid" of $2,500.00. Also, the legal notice
inviting sealed proposals appeared in the news-
paper on April 17, 1981 indicating the bid
opening to be 2:00 p.m. April 22, 1981.
On April 16, 1981 the Purchasing Division con-
tacted Mr. Bird of American Home Industries
and advised him that bid documents reflecting
a "Minimum Acceptable Bid" of $2,500.00 were
being mailed to him. In addition to American
Home Industries, bid documents were mailed to
Mr. Charles Duncan and Knight's Building
Materials.
Other than staff, no one attended the bid
opening at 2:00 p.m. April 22, 1981. Two bids
were received, one from American Home Industries
indicated a monthly rental of $2,500.00 and a
bid from Knight's Building Materials indicated
a monthly rental of $2,505.50. In each case,
Bakersfield, California, April 29, 1981 - Page 5
845
the bidder submitted their bid on the forms
prepared and furnished by the Purchasing Division.
Both bidders having properly submitted their
proposals, meeting specifications, the staff
recommended that the bid from Knight's Building
Materials be accepted. As indicated above, the
Council deferred action pending a complete
review by the staff.
On April 23 and 24, the staff met with repre-
sentatives from American Home Industries and
Knight's Building Materials to discuss their
proposals and request financial and credit
information.
In a meeting with Mr. Duncan Ross of Knight's
Building Materials, Mr. Ross indicated when he
prepared and submitted his bid in the amount
of $2,505.50, he had no knowledge of American
Home Industries' intention of bidding $2,500.00.
In a meeting with representatives of American
Home Industries, Mr. Bird indicated it was his
belief that this third "Bid Request" was not a
formal request and that there would be no other
bidders. He felt that he was only formalizing
the offer contained in his April 9, 1981, cor-
respondence. I pointed out that the "Bid
Request" on this occasion was identical to the
two prior bid requests. The documents were
identical, except for the date of the bid
opening and the minimum acceptable bid amount.
Also, as before, the required advertising was
done, giving notice of the time and place of
the bid opening.
As Council has requested, staff has reviewed
all policies and procedures followed in the
attempt to lease the property at 1611 and 1612
"S" Street and without reservation is confident
the matter was handled properly and without
irregularities. All policies, procedures and
legal requirements as set forth in the City
Charter and the Municipal Code were followed.
The entire matter has been reviewed with the
Office of the City Attorney and the staff concurs
in the conclusion that, since Knight's Building
Materials was the highest bidder and they met
all bidding requirements and specifications, the
City Council is legally bound to award the lease
of the property at 1611 and 1612 "S" Street to
Knight's Building Materials.
Councilman Ratty made a motion to accept the high bid of
Knight's Building Materials, in the amount of $2,505.50, for lease
of City-owned property at 1611 and 1612 "S" Street, and authorize
the Mayor to execute the Lease Agreement.
Councilman Strong stated he could not vote for the motion
because of the manner in which this item was handled. There was
34A
Bakersfield, California, April 29, 1981 - Page 6
too much confusion. Another appraisal should be ordered to estab--
lish some validity to the first one. These bids should be rejected
and the item readvertised.
City Attorney Oberholzer stated the bid specifications
were put out and it said a minimum of $2,500 per month. Anyone
could have bid at any level. American Home Industries probably
just made a bad business decision when they bid $2,500.00, because
Knight's Building Materials came in at $2,505.50 and it appears
they have met all the requirements of the bid specifications.
Consequently rejection of their bi~ because of the desire of the
Council to give American Home Industries another oppotunit~ would
create grounds for a claim by Knight's Building Materials against
the City and a potential action, which would be very difficult to
defend.
Mr. David Cross, President of American Home Industries,
questioned the fact that their first proposal of $3,500.00 met all
the legal requirements and was rejected.
City Attorney Oberholzer stated because there was no
legal minimum the Council had the prerogative to decide that all
bids that came in did not meet their requirements or desires for
the lease of that property. However, when they established a legal
minimum of $2,500.00, then their bound to that particular number.
American Homes first bid of $3,500.00 did not meet the bid specifi-
cations as it contained certain qualifications relating to the
length of the lease.
Mr. Don Bird, Vice-President of American Home Industries,
stated a member of Mr. Higginbotham's staff requested them to
formalize their letter by submitting a bid for $2,500.00 on the
City's form.
After a lengthy discussion, Councilman Rockoff offered a
substitute motion that action on bids for lease of City-owned
property located at 1611 and 1612 "S" Street, be held over until
Bakersfield, California, April 29, 1981 - Page 7
347
the Council Meeting of May 6, 1981, for further study by the
Council and staff. This motion carried by the following roll call
vote:
Ayes:
Councilmen Strong, Christensen, Means, Rockoff
Noes:
Councilmen Barton, Ratty
Absent: None
Abstaining: Councilman Payne
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6437 to 6532,
inclusive, in the amount of $368,616.75.
(b)
Claim for Damages from Debra McCants, 930
Jefferson Street, Bakersfield. (Refer to
City Attorney)
(c)
Claim for Damages from Gary Gentry, 3204
Annapolis Street, Bakersfield. (Refer to
City Attorney)
(d)
Claim for Damages from The Hartford
Insurance Group on behalf of Curtis Pest
Control, 412 Kentucky Street, Bakersfield.
(Refer to City Attorney)
(e)
Claim for Damages from Larry and Linda
Taverner, 301 Holtby Road, Bakersfield.
(Refer to City Attorney)
(f)
Claim for Damages from Peter Maltone, 2713
Dartmouth Street, Bakersfield. (Refer to
City Attorney)
(g)
Map of Tract No. 4009 with Nickel Enter-
prises, located on east side of Rancheria
Road at north end of the Kern River
Bridge.
(h)
Map of Tract No. 4289 and Improvement
Agreement with Tenneco Realty Develop-
ment Corporation for improvements therein,
located on Laurelglen Boulevard at E1
Portal Drive.
(i)
Map of Tract No. 4321, Phases "C" & "D",
and Improvement Agreement with Auburn
Venture for construction of improvements
therein, located on Auburn Street east of
Fairfax Road.
Bakersfield, California, April 29, 1981 - Page 8
(J)
Amendment to Agreement No. 80-158 between
John Carollo Engineers and the City of
Bakersfield for design of the Interim
Facilities at Wastewater Treatment Plant
No. 3. The negotiated design fee under
the original agreement was based on an
hourly rate with a maximum of $60,000.
The consultant has indicated that his
costs have exceeded the maximum fee by
$26,000. (Refer to Water and City Growth
Committee)
(k)
Review of Guidelines, Fees and Deposits
regulating the use of City Parks. In
1976 the Council established an ordinance
regulating use of City Parks. New parks
and facilities have been constructed
which should be included in the ordinance
and facility use fees and deposits should
be adjusted. (Refer to Auditorium-
Recreation Committee)
(1)
Request funds for purchase of additional
refuse containers. The pilot project to
collect refuse by means of an automatic
loading collection system has been in
operation since November, 1980. It has
proven to be a more efficient method of
collecting refuse and has been well
received by residents affected by the
pilot study. Public Works Department
would like to expand the pilot project
and requests funds to purchase additional
containers. (Refer to Budget Review and
Finance Committee)
(m)
Notice of Completion and Acceptance of
Work for Farm Headquarters and Maintenance
Building at Wastewater Treatment Plant No.
2, Contract No. 79-106 with Colombo
Construction Company, Inc.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Payne, usual bidding require--
ments were dispensed with, in accordance with Section 5.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price with Motorola Communications, not to exceed tile
amount budgeted, for five portable radios for the Police Department.
Bakersfield, California, April 29, 1981 - Page 9
NEW BUSINESS
Approval of Contract Change Order No.
10 to Contract No. 80-48 with Granite
Construction Company for the Truxtun
Avenue Extension, Phase II.
This Change Order is necessary to provide additional
paving, curb and gutter and A.C. Dikes on Gosford Road and Truxtun
Avenue. This project is being constructed with Federal Aid Urban
Funds and must meet certain State and Federal requirements. In
areas where substantial fill was placed during construction, Cal-
trans has indicated the side slopes of the fill section must be
protected from erosion due to storm water runoff. Public Works
has evaluated various alternatives to meet State requirements and
concluded that curb, gutter and A.C. Dikes provide adequate pro-
tection against erosion of the slopes.
This Change Order increases the contract $51,838.00,
resulting in a total contract price of $3,011,559.37. Sufficient
funds are available in the project budget for this Change Order.
Upon a motion by Councilman Ratty, Contract Change Order
No. l0 to Contract No. 80-48 with Granite Construction Company for
the Truxtun Avenue Extension, Phase II, was approved.
Approval of Agreement with Mr. & Mrs.
Leroy Pasley for operation of Concession
Stand at Beach Park.
Upon a motion by Councilman Payne. Agreement with Mr. &
Mrs. Leroy Paslay for operation of Concession Stand at Beach Park,
was approved and the Mayor was authorized to execute same.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:20 P.M.
o ~e~City of Bakersfield,
ATTEST:
CITY CLERK affd EM Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield~ California, May 6, 1981
Minutes of
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., May 6, 1981.
The meeting was called to order by Mayor Shell,
followed by the Pledge of Allegiance and Invocation in the form
of a prayer submitted by Reverend A. L. Dirks, Pastor of Mt. Zion
Missionary Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor She11.
Absent: None
a regular meeting of the Council of the City
Councilmen Barton, Christensen, Means,
Payne, Ratty, Rockoff, Strong
Minutes of the regular meeting of April 22, 1981 were
approved as presented.
Upon a motion
CORRESPONDENCE
by Councilman Payne,
communication from
complete
KBAK-TV, Channel 29, dated March 31, 1981, requesting a
agenda package, was received and ordered placed on file.
request
Pacific
support
Powerplant and Industrial Fuel Use Act, was received and referred
to the Energy Committee for recommendation back to the Council
at the next meeting.
Upon a motion by Councilman Barton, communication from
Associated Students, Cal State Bakersfield, dated May 5, 1981,
regarding tuition for State Colleges, was received and referred
to the Legislative Committee. Councilman Means and Councilman
Mayor She.~l reque..~'that the Council consider the
from~K~K-TV, Channel 29.
Upon a motion by Councilman Means, communication from
Gas and Electric Company, dated April 27, 1981, requesting
from the Council for the repeal of Section 301 of the
Payne expressed an urgency in this matter,
a recommendation come back to the Council,
next Council meeting.
and requested that
if possible, by the
Bakersfield, California, May 6, 1981 - Page 2
COUNCIL STATEMENTS
Councilman Rockoff referred to a letter from the State
Solid Waste Management Board concerning the City Dump, which is
located in the 3rd Ward, and asked the Public Works Director if
the City is doing everything necessary to comply with the request
within the grace period. Public Works Director Hawley stated he
has been in contact with the Kern County Public Works Department
and has requested that he be kept advised of the discussion they
have with the State Solid Waste Management Board. Councilman
Rockoff inquired as to what the grace period was. Mr. Hawley
stated he believed the grace period to be 90 days.
Councilman Rockoff commended the Police Department for
their efforts in "Operation Stay in School" program, and stated
he hoped they would continue.
Councilman Means expressed his concern over Pacific
Gas and Electric Company burning PCB Oil at their plant on
Rosedale Highway.
Upon a motion by Councilman Means, staff was requested
to obtain a copy of the State Health Department's report regarding
the effects or hazards of burning PCB Oil; that someone from the
local Health Department appear at the next meeting to inform the
Council of some of the hazards or laws that may have been violated.;
and that the City Attorney meet with the County and State Health
Department officers to determine if any laws were violated, and
to come back to the Council with any recommendations for action.
Councilman Means also expressed concern about Bakersfield
being used as a dump site for the PCB Oil that is being shipped
here from other P. G. & E. service areas in California.
Upon a motion by Councilman Payne, James Redstone, 7209
Outingdale, was reappointed to the Planning Commission, term expiring
April 17, 1985.
Bakersfield, California, May 6, 1981 - Page 3
Relations
Citizens'
REPORTS
Councilman Strong, Chairman of the Intergovernmental
Committee, read Report No. 2-81 regarding Senior
Facility as follows:
On March 18, 1981, the City Council authorized
staff to purchase an option on a site for a
Senior Citizens Center. On March 25, staff
reported to Council that the Bakersfield Associa-
tion of Retarded Citizens (BARC) facility at
530 4th Street was available. Staff was then
authorized to enter into a $1,000 option for
that site for a 45-day period.
Since that time, staff has been in discussion
with BARC staff regarding purchase and opera-
tion of that site as a Senior Citizens Facility.
An operating agreement has been developed
between BARC and the City for operation of
the facility which has been reviewed by this
committee. Under that agreement, the City
would use Block Grant funds to acquire, design
and remodel the facility for use as a Senior
Center and lease it to BARC for two years.
BARC would operate the facility, entering
into appropriate subcontracts with senior
program service providers. The City will
provide $25,000 for the first year to cover
operational expenses associated with the
center.
Additionally, BARC would establish a senior
citizens non-profit corporation for the
purpose of assuming responsibility for
continued operation and maintenance of the
center within a two year period. At such
time as this corporation is capable of
taking over this function from BARC, an
agreement between the corporation and the
City would be executed for that purpose.
The Committee believes that BARC has the
expertise and administrative ability to
carry out the provisions of this agree-
ment on a self sufficient basis. Therefore,
it is the recommendation of this committee
that:
The Senior Citizens Facility operating
agreement between the Bakersfield
Association of Retarded Citizens and
the City be approved and the Mayor
authorized to execute same, and
o
Staff be authorized to purchase the
facility at 530 4th Street for the
purpose of establishing a Senior
Citizens Center. Also, staff authori-
zation to review the appraisal of the
Bakersfield, California, May 6, 1981 - Page 4
353
BARC owned property at the northeast
end of 5th Street and include this
property in the purchase if it is
deemed to be of value to the Center.
Upon a motion by Councilman Strong, Intergovernmental
Relations Report No. 2-81 regarding Senior Citizens' Facility,
was accepted; Agreement between the Bakersfield Association of
Retarded Citizens and the City, was approved and the Mayor
authorized to execute same; staff was authorized to purchase
the facility located at 530 4th Street for the purpose of estab-
lishing a Senior Citizens' Center, at a price of $450,000.00;
and purchase the BARC owned property located at the northeast
end of 5th Street, at a price of $35,000.00.
City Manager Philip Kelmar and Councilman Strong
commended the staff for all of their efforts and hard work on
the Senior Citizens' Facility Project.
Councilman Payne, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 9-81 regarding
Development Services Classification Changes, as follows:
In January of this year, the City Manager
reorganized the administration of the
Community Development Block Grant Program
and the Redevelopment Agency's programs
by transferring responsibility from the
Director of Fire and Development Services
to the Assistant City Manager - Personnel.
As a follow-up to this reorganization,
the sta£f recently recommended additional
changes which they feel will result in
more efficiencies within these two depart-
ments.
The Governmental Efficiency and Personnel
Committee has met with the staff and we
are in agreement with the following changes:
Reclassify the present vacant classi-
fication of Development Services
Coordinator to Assistant Planning
Director at the same salary level.
Reclassify the Principal Planner
position in Community Development
to Economic Development Coordinator
at a salary range of $2,415 to
$2,916 per month. This will result
Bakers£ield, California, May 6, 1981 - Page 5
in an additional cost of $5,500 annually,
however, these costs will be paid through
Redevelopment funds and the Community
Development Block Grant. Sufficient
funds are available for the remainder of
the fiscal year.
Change the title of Community Development
and Housing Coordinator to Community
Development Coordinator.
o
Re-e~ablish the classification of Building
Inspector I, at a salary rate of $1,514 to
$1,845 per month.
In order to effectuate these changes, the
Governmental Efficiency and Personnel Committee
is recommending Council approval of the changes
in the salary resolution and new job specifica-
tions.
Upon a motion by Councilman Payne, Governmental
Efficiency and Personnel Committee Report No. 9-81 regarding
Development Services Classification Changes and new job speci-
fications was accepted, and recommendations as outlined in the
report were approved.
Adoption of Resolution No. 28-81 of
the Council of the City of Bakersfield
amending Resolution No. 42-80, setting
salaries and related benefits for
officers and employees of the City o£
Bakersfield.
Upon a motion by Councilman Payne, Resolution No.
28-81 of the Council of the City of Bakersfield amending
Resolution No. 42-80, setting salaries and related benefits for
officers and employees of the City of Bakersfield, was adopted
by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 6-81 regarding Amendment
to the City's Bingo Ordinance as follows:
The Auditorium-Recreation Committee held
two meetings to consider the proposed amend-
ment to the City's Bingo Ordinance.
Bakersfield, California, May 6, 1981 - Page 6
The meeting of April 21, 1981, was attended
by representatives of the Bakersfield Police
Department and the City Attorney's Office.
The Committee was presented with information
and suggested bingo restrictions recommended
by the Department of Justice. Councilman
Rockoff requested that the City Attorney
consider incorporating a restriction on the
licensing of bingo operations so that persons
holding positions with one licensed organiza-
tion could not obtain another license under
the name of another organization. The
Committee also recommended that the ordinance
require that before an application be filed,
the organization must have been in operation
for at least six months; as had been recom-
mended by the Alcoholic Rehabilitation
Organization (Detox). Members of the
Committee reported that approximately 90%
of the community input to them urged that
bingo be restricted to once per week per
organization.
The Committee meeting of April 28, 1981,
was attended by members of the Alcoholic
Rehabilitation Program (Detox-MAAP) and
California Human Abuse Matrix for Preven-
tion Services (CHAMPS). The Committee
listened to both organizations present
information in support of allowing bingo
to be played three times per week. The
Committee advised the attendees that the
overwhelming response from the community
in general was to limit bingo to one time
per week per organization. The City
Manager reminded the Committee that the
bingo ordinance adopted by the City Council
was never intended to provide the main
source of income for any organization.
As a result of the above-described meetings,
the Auditorium-Recreation Committee recom-
mends that the City Council adopt the
attached emergency ordinance which makes
the following changes to the present
bingo ordinance:
Requires that an organization have
been actively engaged, in the City,
in activities described in its
articles of incorporation for not
less than six (6) months prior to
the filing of the application;
The applicant's officers, directors
and/or salaried employees cannot
hold such positions in another
organization which has a license to
conduct bingo games in the City; and
3. Bingo games may be conducted no more
than once per week.
Bakersfield, California, May 6, 1981 - Page 7
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 6-81 regarding Amendment to the
City's Bingo Ordinance, was accepted.
Adoption of Emergency Ordinance No.
2639 of the Council of the City of
Bakersfield amending Chapter 7.12 of
the Municipal Code of the City of
Bakersfield by adding Section 7.12.
035 and amending Sections 7.12.010,
7.12.040 and 7.12.200 relative to
Bingo Games.
Upon a motion by Councilman Christensen, Emergency
Ordinance No. 2639 of the Council of the City of Bakersfield
amending Chapter 7012 of the Municipal Code of the City of
Bakersfield by adding Section 7.12.035 and amending Sections
7.12.010, 7.12.040 and 7.12.200 relative to Bingo Games, was
adopted by the following roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
City Manager Philip Kelmar presented a report regarding
UDAG Grant for Downtown Shopping Mall as follows:
The City Council is well aware that the City
has now applied three times for an Urban
Development Action Grant (UDAG) to support
the funding necessary for the proposed down-
town shopping mall and been rejected all
three times. I feel it is now time for
the City to take a serious look at whether
to pursue this another time. The City has
recently learned we are being removed from
the eligible list for the UDAG program
effective July 31 as a result of a change
in UDAG distress standards. This would
pertain for any new projects the City
would desire to apply for. However, our
present application would remain eligible.
In addition, a recent financial analysis
which I requested, was performed by Cal
Hollis, financial consultant to the
Redevelopment Agency, which indicates an
increase in the estimated project costs
of $1.1 million if the City were to begin
property acquisition in October, 1981.
This analysis also indicates alternatives
for funding this additional cost, none of
which appears very probable.
Bakersfield, California, May 6, 1981 - Page 8
35'?
I feel the passage of time and resultant
effects of inflation have made this project
very doubtful using the UDAG scenario. In
addition, the recent action by UDAG regarding
the City's eligibility further clouds the
possibility of realistically expecting any
funding in the future. It would, therefore,
be my recommendation the City Council act
not to file for UDAG funding for this
project in the future.
Upon a motion by Councilman Means, recommendation of
the City Manager that the City Council not pursue UDAG funding
for the Downtown Shopping Mall, was approved. Councilman Payne
abstained from this motion.
Chief Price presented a report regarding the Police
Department's 1980 Annual Report, breifly outlining the activities
and statistics that are included in this report. Chief Price
also thanked the Council, employees of the City and citizens of
the City of Bakersfield for their continued support.
City Manager Philip Kelmar urged the members of the
Council to review this report.
Upon a motion by Councilman Barton, the Bakersfield
Police Department's 1980 Annual Report was received and ordered
placed on file.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6533 to 6636,
inclusive, in the amount of $209,003.12
(b)
(c)
Claim for Damages from Pacific Gas and
Electric Company, 1918 "H" Street,
Bakersfield, (Refer to City Attorney)
Claim for Damages from Jose L. Lujan
4600 Kenny Street, Bakersfield. (Refer
to City Attorney)
(d)
Claim for Damages and Personal Injuries
from Joyce Clarice Lemaster, 8828 Glenda
Street, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages from Three Way Leasing,
3800 California Avenue, Bakersfield.
(Refer to City Attorney)
35S
Bakersfield, California, May 6, 1981 - Page 9
(f)
Pipeline License Agreement with the Atchison,
Topeka and Santa Fe Railway Company for the
installation of a 24" RCP storm drain under
the tracks at the extension of "V" Street.
(g) Notices of Completion and Acceptance of
Work on the following:
Tract No. 4218,
Farm Financial,
Road and Actis
Contract No. 80-22 with
Inc., located at Planz
Street.
Tract No. 3915, Contract No. 79-36 with
Lawton Powers and Dean A. Gay, located at
Auburn Street and Fairfax Road.
(h)
Plans and Specifications for construction
of Kroll Park Sump Underdrain System
Modifications.
(i)
Plans and Specifications for construction
of Ming Avenue Bridge at the Arvin-Edison
Canal. (Refer to Budget Review and
Finance Committee)
(J)
Contract Change Order No. 1 to Contract
No. 81-50 with Micon for construction
of Utility Conduits and Pipelines for
the South Wing Addition to City Hall.
This Change Order is necessary to provide
computer service to South Wing Addition
to City Hall and increases the cost of
the contract $347.61. Total contract
price as a result of this increase is
$17,544.61.
Upon a motion by Councilman Means, 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 Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of Alcorn
Fence Company, in the amount of $65,734, to fence north bank of
Carrier Canal, was accepted, all other bids rejected, and the
Mayor was authorized to execute the Contract.
Bakersfield, California, May 6, 1981 - Page 10
Upon a motion by Councilman Payne, low bid of Kern County
Roofing, in the amount of $19,400, to resurface roof of Police
Department Building, was accepted, all other bids rejected, and
the Mayor was authorized to execute the Contract.
Upon a motion by Councilman Ratty, low bid of Stewart
Electric Supply, in the amount of $11,075.56, for ballasts,
starter aids and lamps (64 each), was accepted and the other bid
rejected.
DEFERRED BUSINESS
Approval of Lease Agreement with
Knight's Building Materials for
City-owned property located at 1611
and 1612 "S" Street.
Mayor Shell announced that Councilman Payne would not
participate in this matter due to a real or imaginary conflict of
interest.
Councilman Ratty made a motion to accept the high bid
of Knight's Building Materials, in the amount of $2,505.50, for
lease of City-owned property at 1611 and 1612 "S" Street, and
the Mayor be authorized to execute the Lease Agreement.
Councilman Rockoff requested that the staff be authorized
to negotiate a lease subject to confirmation by the City Council,
and that this should also be included in the motion.
Councilman Ratty amended his motion that the high bid
from Knight's Building Materials, in the amount of $2,505.50, for
lease of City-owned property located at 1611 and 1612 "S" Street,
be accepted and the other bid rejected; and that staff be
authorized to negotiate the lease subject to confirmation by the
Council.
Ayes:
Noes:
This motion carried by the following roll call vote:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
None
Absent: None
Bakersfield, California, May 6, 1981 - Page
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 8.48.055 (b), suspending
the Refuse Collection Fees for the period
June l, 1981 to May 31, 1982.
This ordinance will suspend the Refuse Collection Fees
for another year. This will allow the City to maintain the inte-
grity of the ordinance establishing these fees, which was adopted
prior to Proposition 13. This will provide the City with the
necessary flexibility should the Council decide to impose these
fees in the future.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 8.48.055 (b),
suspending the Refuse Collection Fees £or the period June l, 1981
to May 31, 1982.
First reading of 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 south of Panama Lane and west
of South "H" Street.
The application for this amendment was made by Carl R.
Moreland and would change subject properties from a P.U.D.
(Planned Unit Development) Zone to an R-1 (One Family Dwelling)
and R-2 (Limited Multiple Family Dwelling), or more restrictive
zones, and the Planning Commission recommended approval of this
amendment at their meeting of April 16, 1981.
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 south of Panama Lane and west of
South "H" Street.
Bakersfield, California, May 6, 1981 - Page 12
Adoption of Resolution No. 29-81 of
the Council of the City of Bakersfield
approving the issuance of Bonds by the
Redevelopment Agency of the City.
Mayor Shell announced that Councilman Payne would not
participate in the following matter due to a real or imaginary
conflict of interest.
City Attorney Richard Oberholzer presented a report
regarding the rehabilitation of the First Baptist Church, located
on the northeast corner of Truxtun and "L" Streets, which is being
developed by Bell Tower Associates. Included in this rehabilita-
tion is a two-level parking structure to be located on the south-
west corner of 17th and "M" Streets. Bell Towers came to the
staff asking that the City contribute to their project as part
of the Redevelopment area. This project will not cost the City
or Agency any tax increment money, nor will it subject the City
or Agency to any liability in the event of a default on these
bonds they are proposing to be sold. There may be some slight
cost to the City with respect to staff work that will go into
the preparation of the issuances of these bonds. However, all
o£ the bond counselors' costs, and the legal costs from the
City Attorney's Office will be reimbursed upon the sale of the
bonds.
The Agency in effect would act as a conduit for the
sale of these Mortgage Revenue Bonds, which are tax free. In
addition, the City will receive 1/8 of a point on the Mortgage
Revenue Bonds that are issued due to the Agency acting as a conduit
for the sale of these bonds. The City will also receive the tax
increments as a result of the rehabilitation of this project.
William Kuhs, a partner in Bell Towers Associates,
outlined the program and f~nancing for the rehabilitation of the
First Baptist Church. He stated that this project is listed in
the Register o~ National Historic Places, and that is why they
had originally embarked on this project.
Bakersfield, California, May 6, 1981 - Page 13
Mr. Kuhs stated that the Resolution of Intent to issue
bonds is not a commitment on the part of the Council or Agency to
issue bonds in the future, nor is it a commitment on the part of
the developer to enter into an agreement with the Redevelopment
Agency or lender. It is simply a Resolution of Intent that must
be adopted by the Legislative Body prior to Bell Towers Associates
qualifying for funds to be used in the construction for reimburse-
ment with this type of financing. Only funds which are expended
subsequent to the adoption of the Resolution would qualify. He
stated they have interrogated this program carefully and cannot
find any negative aspects, and also stressed that neither the
City nor the Agency would be under any obligation or liability
upon the adoption of this Resolution.
Robert Clayton, Economic Consultant, outlined the
purpose in adopting this Resolution for issuing bonds.
Councilman Means inquired if Bell Tower Associates
plans to provide any area in this project for public use.
Mr. Kuhs stated that under the contract Bell Tower
Associates signed with the State, it requires that portions of
the project be available to the public. However, he could not
give a definite answer as to what area will be provided for
public use, at this time.
Dewey Sceales explained the parking for this project.
Mr. Kuhs stated that the ordinance requires 121 spaces, but
that Bell Towers Associates will be providing 150 spaces, which
is 20% more parking than necessary.
Upon a motion by Councilman Ratty, Resolution No.
29-81 of the Council of the City of Bakersfield approving
issuance of Bonds by the Redevelopment Agency of the City,
Bakersfield, California, May 6, 1981 - Page 14
36;3
including the provision that an agreement with the developer come
back to the Council providing terms and conditions that will be
satisfactory to the Agency and the City, was adopted by the
following roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Abstaining:
Councilman Payne
Authorization granted Finance Operations
Manager to request Bid Proposals on an
unbudgeted Truck Mounted Aerial Device.
truck mounted aerial device, has been recommended
for replacement in the 1981-82 budget. The present aerial lift
on this unit is inoperative and does not conform to OSHA standards.
The Public Works Director recommends that the Finance Operations
Manager be authorized to proceed with the request for bid proposals
at this time in order that the unit can be purchased as soon as
the 1981-82 budget is approved.
Upon a motion by Councilman Means, the Finance Operations
Manager was granted authorization to request bid proposals for an
unbudgeted Truck Mounted Aerial Device.
Approval of Negative Declaration and
Mitigation Measures for a proposed
project by Independent Valley Energy
Company to construct a ten-inch pipe-
line to transfer upgraded crude oil
between a proposed refinery located
in the unincorporated area of Kern
County (Northwest Metropolitan
Bakersfield) and Kelly Pump Station
located at the southerly end of the
San Joaquin Valley.
The Independent Valley Energy Company proposes a ten-
inch pipeline within a 15-foot corridor approximately 3.5 miles
in length running through the west side of the City, generally
along the Arvin-Edison Canal and Gosford Road right-of-way from
north of the Kern River to Pacheco Road.
Bakersfield, California, May 6, 1981 - Page 15
City staff, from Public Works, Water, Fire, Building
and Planning, reviewed the proposal and found the project, subject
to mitigation measures, would not have a significant adverse
effect on the environment.
Upon a motion by Councilman Means, Negative Declaration
and Mitigation Measures for a proposed project by Independent
Valley Energy Company to construct a ten-inch pipeline to transfer
upgraded crude oil between a proposed refinery located in the
unincorporated area of Kern County (Northwest Metropolitan
Bakersfield) and Kelly Pump Station located at the southerly end
of the San Joaquin Valley, were approved by the following roll
call vote:
Councilman Barton,
Rockoff,
Ayes
Noes
Absent:
None
None
Christensen, Means, Payne, Ratty,
Strong
Approval of Agricultural Water Enter-
prise Operating and Capital Outlay
Budget for Fiscal Year 1981-82, 1981
Water Price and Sand Sale Schedule and
Establishment of General Financial
Reserve.
This year the 1981-82 Water Enterprise Budget consists
of three components. The first includes the Operations and
Capital Outlay Budget; the second is the 1981 Water Price and
Sand Sale Schedule; and the third is the establishment of a
General Financial Reserve Account which would provide funding
for dry, low-income water years and provide a contingency for
emergency repairs and/or natural disasters. This 1981-82
Agricultural Water Enterprise Budget was approved by the Water
Board on April 29, 1981.
Upon a motion by Councilman Christensen, Agricultural
Water Enterprise Operating and Capital Outlay Budget for fiscal
year 1981-82, 1981 Water Price and Sand Sale Schedule and
establishment of a General Financial Reserve, were approved.
Bakersfield, California, May 6, 1981 - Page 16
Councilman Strong questioned Chief Price as to why
there seems to be an increase in the prostitution activity on
Union Avenue.
Chief Price stated that there has been a severe
crackdown on prostitution in Las Vegas and Los Angeles over the
past few weeks. When this occurs, the girls hit the circuit,
and Bakersfield happens to be on that circuit. Chief Price also
indicated he is looking into the possibility of establishing an
abatement procedure which could be conducted against motel
operators for conspiracy, which has been successful in other
cities.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 10:30 P.M.
ATTEST:
Council of the City of Bakersfield
ps
Bakersfield, California, May 20, 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., May 20, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation in the form of a prayer
submitted by Reverend John E. Corson, First United Methodist Church
of Bakersfield.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty,
Rockoff, Strong
Absent: Councilman Barton
Minutes of the regular meeting of April 29, 1981 and
May 6, 1981, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Charles Sharpe, 4300 Easton Drive, extended an
invitation to the Mayor, Council and public to attend the Kern
Energy Fair to be held on May 23, 1981, in Beach Park.
Chief Jacob Cobb, representing the Ani-Yun-Wiya Society,
stated when he appeared a few months ago a misunderstanding
developed as to what is being requested. All they are asking is a
letter supporting the concept of the project, which does not involve
tax dollars or government funding. Private funds are being sought.
With the aid of a scale model, Mr. Cobb described the plans for the
Inter-Tribal Ceremonial Grounds.
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 2-81 regarding Inter-Tribal Ceremonial
Grounds - Ani-Yun-Wiya Society, as follows:
On March ll, 1981, the Council received a request
from Mr. Jacob Cobb, Chief of the Ani-Yun-Wiya
Society, to endorse the concept of an Inter-
Tribal Ceremonial Grounds to be located on a 40-
acre parcel south of, and above, Hart Memorial
Park.
The Council referred the request to staff for
study and recommendation to the appropriate
Council Committees.
Bakersfield, California, May 20, 1981 - Page 2
367
On May 7th the Water and City Growth Committee
met on this matter and discussed the following:
PROJECT SITE
Forty-acre site occupying the northwest quarter
of the northwest quarter of Section 6, Township
29 South, Range 29 East. The site is located
south of, and above, Hart Memorial Park. The
parcel is very irregular in elevation and falls
from an elevation of approximately 900 feet on
the northeast, east and south into two canyons,
at the northwest portion of property to approxi-
mately 760 feet.
Access to the site is proposed from Alfred
Harre11 Highway within Hart Memorial Park
through unincorporated area.
PROJECT DESCRIPTION
The plan proposes the following facilities
1. Public campgrounds - 200 camp sites.
2. Indian campgrounds - 200 camp sites.
3. Outdoor theater and Indian museum.
o
Ceremonial grounds: Seating capacity -
Bleachers ............. 5,000
Ceremonial ground ..... 2,767
5. Barbecue facilities - 5,000-pound capacity.
6. Public parking - 750 cars.
7. Package treatment plant for sanitation
facilties.
8. Water supply - not known.
9. One means of access from Alfred Harrell
Highway in Hart Memorial Park.
Prior to the Committee meeting, the Police,
Public Works and Development Services Depart-
ments (Fire, Building and Planning) were asked
to review the proposed project as it related
to their area of concern and report their
findings and recommendations.
The following are a general consensus of
opinion of the Committee, and various Depart-
ments' review of the proposed project:
PHYSICAL SITE CONSIDERATIONS
The existing terrain would require extensive
grading to accommodate the plan as proposed.
The required cut and fill slopes along the
perimeter of the property would substantially
reduce the usable acreage of the site and,
Bakersfield, California, May 20, 1981 - Page 3
accordingly, it would not appear the site could
accommodate the plan.
LAND USE CONSIDERATIONS
Adjacent properties along the east and south
boundaries are zoned R-1 (One Family Dwelling),
and suitable for residential development pending
extension of streets and utilities (water,
sewer, electric and gas).
Although ceremonial grounds would probably
experience maximum attendance infrequently,
and the grade of the proposed site would by
necessity be approximately 100 feet below the
adjacent R-1 properties (east and south), there
would be a problem of compatibility due to
noise from major events and smoke and odors from
the campgrounds and cooking facilities.
ACCESS CONSIDERATIONS
As per statement by Jacob Cobb, the access to
the site would be from Alfred Harrell Highway
from Hart Memorial Park. The area between the
40-acre site and Alfred Harrell Highway is in
the unincorporated area and would be under
County jurisdiction. It would appear the grade
on any access road from Alfred Harrell Highway
would be in excess of 15 percent, which would
be eight percent in excess of the present City
standard.
The Police and Fire Departments express concern
of one access road for emergency vehicle response
to the site, especially at events drawing large
numbers of people and vehicles.
SEWER
No public disposal facilities are available in
the area. A package treatment plan is proposed
to handle sanitary sewer needs.
Unless adequate effluent storage is provided as
part of the package plant, effluent disposal
will become a major problem during peak periods
of usage. It appears the land area for effluent
disposal is very limited during the time period
when campgrounds are in continuous use.
WATER SUPPLY (Fire Protection)
Staff has not verified a source of water for
the project. The City Water Department has
advised that the Hart Memorial Park water rights
are limited to the present acreage of the park
lands only.
The Fire Department is very concerned about
available water supply for fire protection
purposes. The Fire Department does not have
enough information as to the type, size or
Bakersfield, California, May 20, 1981 - Page 4
or construction of structures to develop the
correct water flow requirements at this time.
The Department also noted the long distance
from a fire station or emergency medical help.
POLICING OF LARGE EVENTS
The Police Department is not equipped nor staffed
to police large gatherings, such as proposed,
without additional logistical and financial
considerations.
PARKING CONSIDERATIONS'
City Zoning Ordinances require one parking space
per each five (5) seats. Stated seating capacity
is 5,000 for bleachers and 1,767 for ceremonial
grounds. Based on the parking requirements of
the Zoning Ordinance 1,353 parking spaces would
be needed. The plan indicated 750 parking spaces.
ZONING STATUS AND PROJECT APPROVAL
Site is presently zoned R-i, and shown on the
General Plan as Open Space due to the extreme
topographic variation.
The proposed project, by City Ordinance, would
require approval by Conditional Use Permit through
the Board of Zoning Adjustment. The Board of
Zoning Adjustment would review the project in
light of the concerns and findings outlined
herein.
A Negative Declaration may suffice for environ-
mental review requirements if all the concerns
are mitigated to the satisfaction of the various
City departments.
The Water and City Growth Committee and City
staff are of the opinion the concept of the
proposed project has great merit, and would
provide a facility for the Ani-Yun-Wiya Society.
However, based on the above findings, the
Committee feels another site should be investi-
gated.
Councilman Ratty made a motion that Water and City Growth
Committee Report No. 2-81 regarding Inter-Tribal Ceremonial Grounds -
Ani-Yun-Wiya Society, be accepted.
After considerable discussion, Councilman Payne offered
a substitute motion that Water and City Growth Committee Report
No. 2-81 regarding Inter-Tribal Ceremonial Grounds - Ani-Yun-Wiya
Society, be accepted; and the concept of the Inter-Tribal Ceremonia~
Grounds Project, be endorsed. This motion carried with Councilmen
Christensen and Strong voting in the negative.
'37O
Bakersfield, California, May 20, 1981 - Page 5
Adoption of Resolution No. 30-81 of
the Council of the City of Bakers-
field endorsing the concept of a
Inter-Tribal Ceremonial Grounds
Project.
Upon a motion by Councilman Christensen, Resolution No.
30-81 of the Council of the City of Bakersfield endorsing the
concept of a Inter-Tribal Ceremonial Grounds Project, was adopted
by the following roll call vote
Ayes: Councilmen Christensen Means, Payne, Ratty, Rockoff,
Strong
Noes: None
Absent: Councilman Barton
PRESENTATION OF PLAQUES
Mayor Shell and Police Chief Price presented a plaque to
Mr. Rick Banning, 2321 Charleston Street, in recognition of his
act of heroism in aiding a fellow citizen on April 24, 1981. Mr.
Banning, along with Richard DiMaggio, acting without regard for
their own safety, apprehended a suspect after observing that he
was assaulting and robbing Ron Ralph, a resident of Gorman, Calif.
Mr. Richard DiMaggio was not present to receive his plaque.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Young Americans for Freedom, dated April 2~1981,
mation regarding upcoming City Council Meetings,
referred to staff for response.
requesting infor-
was received and
Upon a motion by Councilman Rockoff, communication from
Golden Empire Transit, dated May 11, 1981, submitting a copy of
their budget for the 1981-82 Fiscal Year, was received and ordered
placed on file.
Upon a motion by Councilman Christensen, communication
from Kern High School District, dated May 13, 1981, regarding
Notice of limited availability and option to purchase, lease and/or
leaseback certain school district land, was received and referred
to the Public Works Department for response.
Bakersfield, California, May 20, 1981 - Page 6
Councilman Means stated Dr. Hebertson, Kern County Health
Department, is present tonight to bring the Council up to date on
the request made at the last Council Meeting regarding the burning
of oil containing PCB at the P. G. & E. plant.
Dr. Hebertson, Kern County Health Department, stated the
incident relates to the burning of PCB at Pacific Gas & Electric's
power plant in Bakersfield and came to his attention on May 6, 1981.
After consulting with his staff and the State Health Department it
was felt there was a probable violation of the State law pertaining
to the transport, storage and disposition of hazardous waste. On
that basis a Cease & Desist Order was issued to P G'& E and it was
requested that they furnish certain information in order to make a
better evaluation and structure an investigation. Visits have been.
made to the site and samples of matter stored there have been obtained.
The Kern County Health Department has been advised that the extensive
information requested has been prepared and should reach their
office late this week or early next week. That is where the investi-
gation stands at this time. Dr. Hebertson stated he is concerned
about the possible environmental impacts of disposing of PCB in such
a manner. Incineration is an effective means of disposing of PCB,
under proper circumstances. Whether or not the proper circumstances
exist here is the question that needs to be answered. This matter
will be pursued until a proper determination is made. The State
is also conducting an investigation. Dr. Hebertson introduced Mr.
Robin Cook, Sanitarian for the Kern County Health Department, who
is conducting this investigation.
Councilman Means requested a report or a solution from
staff or the S.P.C.A. by the next Council Meeting regarding the
problem of dogs running in packs at night in his neighborhood.
Councilman Payne commended Mr.
their act of heroism and requested that
matter special consideration.
Banning & DiMaggio for
the news media give this
Bakersfield, California, May 20, 1981 - Page 7
Councilman Ratty made a motion that the abatement pro-
cedures of the Sign Ordinance be referred to the Water and City
Growth Committee for study and recommendation back to the Council.
Councilman Strong stated he has never been satisfied
with the Sign Ordinance and if there are going to be changes made
he would encourage the City to hold public hearings so affected
persons can voice their opinions.
Councilman Rockoff offered a substitute motion that the
effective date of the abatement procedures of the Sign Ordinance
be moved forward three months to allow time for the committee to
make some decisions and people will not be faced with noncompliance
if the Council does not intend to enforce it.
City Attorney Oberholzer stated that change requires an
ordinance.
Councilman Rockoff requested that the City Attorney draft
an ordinance moving forward the abatement requirements in the Sign
Ordinance that go into effect in July by three months.
Councilman Ratty amended his motion that the entire
problem with the Sign Ordinance be referred to the Water and City
Growth Committee for report back to the Council as soon as possible.
This motion was unanimously approved.
REPORTS
Councilman Means, Chairman of the Energy Committee, read
Report No. 2-81 regarding Use of Natural Gas for Electrical Genera-
tion, as follows:
At the Council Meeting of May 6, 1981, a letter
from Mr. Mike Moore, District Manager of Pacific
Gas & Electric Company, regarding the repeal of
Section No. 301 of Power Plant and Industrial
Fuel Use Act was referred to the Energy Committee
for study and recommendation.
As stated in Mr. Moore's letter, 58% of all
electrical energy consumed in California is
produced by burning natural gas and oil.
Section 301 of the Power Plant and Industrial
Fuel Act places restrictions on the consump-
tion of natural gas due to shortage the Country
was experiencing during 1978.
Bakersfield, California, May 20, 1981 - Page 8
Natural gas resources have become much more
plentiful with recent exploration, and there
are economic benefits to be gained by burning
natural gas for electrical generation rather
than burning oil.
Pacific Gas and Electric Company is requesting
the City Council to support efforts to repeal
Section 301 for this reason.
The Energy Committee agrees with Pacific Gas &
Electric Company, and recommends that the City
Council adopt the resolution supporting the
repeal of Section 301 of the Power Plant and
Industrial Fuel Use Act.
No. 2-81
accepted.
Upon a motion by Councilman Means, Energy Committee Report
regarding Use of Natural Gas for Electrical Generation, was
Adoption of Resolution No. 31-81 of
the Council of the City of Bakers-
field expressing support for legis-
lation removing the restrictions and
prohibitions on the use of Natural
Gas in Utility Powerplants.
Upon a motion by Councilman Means, Resolution No. 31-81
of the Council of the City of Bakersfield expressing support for
legislation removing the restrictions and prohibitions on the use
of Natural Gas in Utility Powerplants, was adopted by the following:
roll call vote:
Ayes:
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong
Noes: None
Absent: Councilman Barton
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 6-81 regarding Purchase of
Additional Refuse Containers, as follows.
In November, 1980, the City of Bakersfield
instituted a new, more efficient refuse
collection system to help eliminate trouble-
some litter and trash in our alleys. At the
same time, this operation allows the City to
serve more homes for fewer tax dollars. In
fact, a savings of approximately 60% is realized
in the cost of refuse collection by using this
automatic collection system.
The automatic collection system uses containers
with a 300 gallon capacity. At the present
374
Bakersfield, California, May 20, 1981 - Page 9
time, the City has 400 of these containers,
serving approximately 1,400 residences. Since
the program began in November, there have been
no complaints relative to the automatic collection
system. On the contrary, the City has received
numerous requests for the collection system to
be implemented in other areas.
The staff proposes to expand the automatic
collection system to include an additional
3,500 residences. In order to expand the
system, it will be necessary to purchase an
additional 1,000 containers. The estimated
cost of the 1,000 containers is $120,000.
Since providing refuse collection to the 3,500
residences through the automatic collection
system will result in a 60% savings, the pay-
back time on the cost of the containers will
be 16 months. The $120,000 cost would be off-
set primarily by the City expanding its service
area, consequently, reducing the amount paid to
the independent refuse collection contractors.
This committee concurs with staff and recommends
that $120,000 be transferred from the Council
Contingency Fund for the acquisition of the
1,000 containers needed to expand the automatic
collection system.
After an assurance from City Manager Kelmar, Councilman
Strong requested that the record show that there is no recommendation
from staff or the Budget Review and Finance Committee for any
deletion of staff as a result of this action.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 6-81 regarding Purchase of Additional
Refuse Containers, was accepted; and Budget Transfer, in the amount
of $120,000, from the Council Contingency Fund for the acquisition
of 1,000 containers needed to expand the automatic refuse collection
system, was approved.
Mayor Shell, Chairman of the Pension Board of the Fire
Department Relief and Pension Fund, read a report recommending an
amendment to Chapter 5.38.010 of the Municipal Code, as follows:
When the Fire Department Relief and Pension
Fund (Chapter 5.38 of the Municipal Code) was
originally adopted by the City Council, the
Pension Board of the Fund was made up of the
Mayor, City Manager, Finance Director, Fire
Chief, and three active members of the Fund
elected from and by the membership of the
Fire Department.
Bakersfield, California, May 20, 1981 - Page l0
in i972, Fire Service personnel were changed
by the Council to the State's Public Employees'
Retirement System. Active members of the Fire
Department no longer participate in the Relief
and Pension Fund. Several members of the
Relief and Pension Fund requested to have the
Ordinance changed to enable them to be eligible
for the three elected positions on the Board,
and to be nominated and elected by the retired
membership of the Fund.
On April 30, 1981, the Pension Board met and
acted on this matter. The Board recommends
that Chapter 5.38.010 of the Municipal Code
be changed to include the following:
That members of the Fund be eligible
for election as members of the Pension
Board, and the Pension Board will
determine a reasonable time, form and
manner for each election; and that an
election shall be scheduled at the
earliest possible time after the
date, if and when, this amendment
becomes effective, and that elected
members shall serve terms not longer
than five years.
Upon a motion by Councilman Rockoff, report from the
Pension Board of the Fire Department Relief and Pension Fund, was
accepted; and the City Attorney was instructed to draft an Ordinance
amending Section 5.38.010 of the Municipal Code as outlined in the
report.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6637 to 6960,
inclusive, in the amount of $1,420,467.70.
(b)
Claim for Damages from Jessie Robinson,
aka Jessie Stewart, 1200 A California
Avenue, Bakersfield. (Refer to City
Attorney)
(c)
Sewer Line Easement from the Housing
Authority of Kern County to the City of
Bakersfield, and Quitclaim Deed for Sewer
Easement from the City of Bakersfield to
the Housing Authority of Kern County,
located within the Plaza Towers property
north of Wilson Road and east of Wible
Road, to move an existing sewer to a new
location required for new building
construction.
(d)
Storm Drain Easement from Michael Watten-
barger, Inc., and Daniel A. O'Neill and
Yinci V. O'Neill, as required by the
Planning Commission for Tract No. 4140,
located north of Olympia Drive, east of
North Half Moon Drive.
37B
Bakersfield, California, May 20, 1981 - Page 11
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
Sewer Line Easement from Robert C. Olshausen
to the City of Bakersfield and Quitclaim
Deed from the City of Bakersfield to Robert
C. Olshausen, located between White Lane
and Aldrin Court, west of Grissom Street,
to allow for construction of a more
economical line and will service the same
area.
Alley Right-of-Way Easement from Charlotte
Darehshori, located between Brundage Lane
and 1st Street, and Oleander Avenue and
"F" Street, required because of a zone
change.
Map of Tract No. 3978, Units 2 & 3, and
Improvement Agreement with The Development
Groupe for construction of improvements
therein, located on south side of Bernard
Street, west of Oswell Street.
Notice of Completion and Acceptance of
Work for Wilkins Street Fire System Up-
grading, Contract No. 80-47 with California
Water Service Company.
Notices of Completion and Acceptance of
Work for:
Construction of Utility Conduits & Pipe-
lines for the South Wing Addition to City
Hall, Contract No. 81-50 with Micon.
Improvements on Auburn Street between
Piper Way and Fairfax Road, Contract No.
81-43 with Granite Construction Company.
Tract No. 4004 (A), Contract No. 80-97
with Covington Brothers Technologies,
located at Jonah Street at Galina Court.
Application for Encroachment Permit from
Covington Technologies, P.O. Box 3128,
Fullerton, California, for construction
of a 4 foot high wrought iron fence behind
back of sidewalk at 4908 and 4912 Jonah
Street.
Plans and Specifications for construction
of the west half of Ashe Road between
White Lane and District Boulevard.
Plans and Specifications for construction
of Beach Park Security Lighting.
Amendment No. 1 to Economic Development
Administration (EDA) Grant No. 07-01-02358
on the Fairhaven Water System. Special
Condition #8 of the EDA Grant requires that
all right-of-ways and property titles per-
taining to the project be provided prior
to release of funds. The amendment post-
pones meeting this condition until the
final disbursement of funds. This is
necessary because of the water storage
facilities from the Regional Occupation
Center of Kern has not cleared escrow.
As soon as escrow closes the title to the
property will change and Special Condition
#8 will be met.
Bakersfield, California, May 20, 1981 - Page 12
377
(n)
(o)
(P)
(q)
(r)
(s)
(t)
Request from The Development Groupe, Inc.,
for Extension of Time to complete improve-
ments in Tract No. 3798, Unit 1, Contract
No. 79-65. The Developer has requested
an Extension of Time to June 30, 1981.
The Public Works Department recommends
approval.
Request from Wattenbarger-Stahl for Ex-
tension of Time to complete improvements
in Tract No. 4171, Agreement No. 80-69.
The Developer has requested an Extension
of Time to November 7, 1981. The Public
Works Department recommends approval.
Request from Moreland Engineering, Inc.,
for annexation of property located north
of State Highway 178, approximately 0.4
mile west of the intersection of Alfred
Harrell Highway and Highway 178, containing
approximately 20 acres of land. (Refer to
Planning Cornmission for study and recom-
mendation)
Request from Moreland Engineering, Inc.,
for annexation of property located on
north side of Hosking Avenue and the east
side of Kern Island Canal, near South "H"
Street, containing approximately 44 acres
of land. (Refer to Planning Commision
for study and recommendation)
Request from Moreland Engineering, Inc.,
for annexation of property located on
south side of Watts Drive, 260 feet east
of Cottonwood Road, containing approxi-
mately 54.5 acres of land. (Refer to
Planning Commission for study and recom-
mendation)
Notice of Partial Completion and Acceptance
of Work on Truxtun Avenue Extension, Phase
II, FAU Project No. M-F 252(1), Contract
No. 80-48 with Granite Construction Company.
This project was completed on May 19, 1981,
except for Item No. 74, Pump Station. The
Public Works Department recommends that all
work, with exception of the Pump Station,
be accepted for maintenance by the City.
Contract Change Order No. ll 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 is necessary to increase the quantity
for erosion control and to apply water to
the erosion constrol in accordance with
the Special Provisions. It also provides
for the installation of five l½ inch diam-
eter weep holes in the pump station
storage box to conform with Caltran's
requirements. The Change Order increases
the contract $5,748.82. Total contract
price as a result of this increase is
$3,017,308.19.
Bakersfield, California, May 20, 1981 - Page 13
(d), (e),
(q), (r),
following roll call
Ayes
Noes
Absent:
Upon a motion by Councilman Means, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(s) and (t) of the Consent Calendar, were adopted by the
Francis,
vote:
Councilmen Christensen,
Strong
Means, Payne, Ratty, Rockoff,
None
Councilman Barton
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of James G.
in the amount of $147,949, for A. C. Pavement on portions
of South "H" Street, Fairview Road and White Lane, was accepted,
all other bids rejected, the Mayor was authorized to execute the
contract, and authorization was granted to use $15,949 from Account
No. 33-293-9500.
Upon a motion by Councilman Rockoff, bids of Polaris
Battery Company, in the amount of $8,507, for 18 items and A-1
Battery Company, in the amount of $969.27, for 6 items, for Annual
Contract for Automotive Batteries, were accepted, all other bids
rejected and the Mayor was authorized to execute the contracts.
Upon a motion by Councilman Ratty, low bid of James G.
Francis, in the amount of $97,149.50, for resurfacing portions of
Truxtun and Chester Avenues and reconstructing a portion of Eye
Street, was accepted, all other bids rejected, the Mayor was
authorized to execute the contract and expenditure of $8,149.50
from Account No. 55-293-9500, was approved.
Upon a motion by Councilman Ratty, low bid Safety Electric
Corporation, in the amount of $94,863, for construction of Traffic
Signal on California Avenue at Mervyn's main entrance, was aproved,
all other bids rejected and the Mayor was authorized to execute
the contract. Mervyn's will pay 100% of the cost of this project.
Upon a motion by Councilman Ratty, low bid of Denio &
Norcross, in the amount of $12,940, for construction of a Multi-
Bakersfield, California, May 20, 1981 - Page 14
379
Purpose Building at Planz Park, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2640 New
Series of the Council of the City of
Bakersfield amending Section 8.48.055
(b), suspending the Refuse Collection
Fees for the period June 1, 1981, to
May 31, 1982.
Upon a motion by Councilman Christensen, Ordinance No.
2640 New Series of the Council of the City of Bakersfield amending
Section 8.48.055 (b), suspending the Refuse Collection Fees for the
period June 1, 1981, to May 31,
roll call vote:
Ayes:
Noes:
Absent:
1982, was adopted by the following'
Councilmen Christensen, Payne, Ratty, Rockoff, Strong
Councilman Means
Councilman Barton
Councilman Means clarified his negative vote by stating
he would rather see the Garbage Tax eliminated rather than suspended.
Adoption of Ordinance No. 2641 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 Panama Lane and west of
South "H" Street.
The application for this amendment was made by Carl R.
Moreland and would change subject properties from a P.U.D. (Planned
Unit Development) Zone to an R-1 (One Family Dwelling) and R-2
(Limited Multiple Family Dwelling) Zones.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2641 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 Panama Lane and west of South "H" Street, finding said
zonings consistent with the General Plan, were adopted by the
Bakersfield, California, May 20, 1981 - Page 15
following roll
Ayes:
Noes:
Absent:
call vote:
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong
None
Councilman Barton
NEW BUSINESS
Adoption of Emergency Ordinance No.
2642 New Series of the Council of
the City of Bakersfield amending
Section 11.04.620 of the Bakersfield
Municipal Code by adding Subsection
5, relative to direction of traffic
on Beach Park Streets, north of 21st
Street.
This Emergency Ordinance establishes a one-way traffic
pattern for streets within Beach Park, making for more orderly
traffic flow and access by emergency vehicles. This ordinance was
requested by the Police and Public Works Departments.
Upon a motion by Councilman Ratty, Emergency Ordinance
No. 2642 New Series of the Council of the City of Bakersfield
amending Section 11.04.620 of the Bakersfield Municipal Code by
adding Subsection 5, relative to direction of traffic on Beach
Park Streets, north of 21st Street, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong
None
Councilman Barton
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 4809
and 4813 Durham Avenue.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an "A" (Agricultural) Zone to an R-2-D (Limited Multiple
Family Dwelling - Architectural Design) Zone.
Bakersfield, California, May 20, 1981 - Page 16
The Planning Commission recommended approval of the zoning
without the application of the "D" Design Overlay Zone based on
City Council action approving the ZORAC Report which replaced the
"D" Design Overlay Zone with a site plan review process.
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 4809 and 4813 Durham Avenue.
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 southwest
corner of Harris Road and Stine Road.
The application for this amendment was made by Portfolio
Properties, Inc., and would change subject property from an "A"
(Agricultural) Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
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 southwest corner of Harris Road and Stine
Road.
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 Panama
Lane No. 3 Annexation.
This amendment will zone upon annexation those certain
properties in the County of Kern located north of Panama Lane, wesl;
of Stine Road and south of the McKittrick Branch of the Southern
Pacific Railroad, to an R-1 (One Family Dwelling), C-1 (Limited
Commercial), M-1-D (Light Manufacturing - Architectural Design)
and M-2-D (General Manufacturing - Architectural Design) Zones.
Bakersfield, California, May 20, 1981 - Page 17
The Planning Commission recommended approval of the
zonings upon annexation without the application of the "D" Design
Overlay on the M-1 and M-2 zones, based on the City Council action
approving the ZORAC Report which replaced the "D" Design Overlay
Zone, with a site plan review process.
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 Panama Lane No. 3 Annexation.
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 Stockdale
No. 12 Annexation.
This amendment will zone upon annexation those certain
properties in the County of Kern located on the south side of
Stockdale Highway at E1 Rio Drive, to an R-1 (One Family Dwelling)
Zone.
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 Stockdale No. 12 Annexation.
Adoption of Resolution No. 32-81 of
the Council of the City of Bakers-
field to include Fence and Awning
Business in the list of uses permitted
by Conditional Use Permit in the C-2
(Commercial) Zone.
This resolution adds fence and awning business in C-2
Zones by Conditional Use Permit, makes the findings required by
Section 17.52.040, and is consistent with findings and recommenda-
tions made by the Planning Commission. This additional use is made
subject to the following condition:
". ......... same shall be conducted wholly within
a building; provided further that said uses
shall not include outside storage unless such
storage is screened from public view by a
fence enclosure not less than six (6) feet in
height and composed of masonry or chainlink
with slats."
Bakersfield, California, May 20, 1981 - Page 18
Upon a motion by Councilman Payne, Resolution No. 32-81
of the Council of the City of Bakersfield to include Fence and
Awning Business in the list of uses permitted by Conditional Use
Permit in the C-2 (Commercial) Zone, was adopted by the following
roll call vote:
Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong
Noes None
Absent: Councilman Barton
Adoption of Resolution No. 33-81 of
the City Council of the City of
Bakersfield consenting to the pro-
posed assignment by Bakersfield
Courthouse Racquetball/Handball
Courts of its rights and obligations
under Agreement 76-110, and amend-
ments thereto, to Gannon Enterprises,
Inc. and Rudy Kochevar.
The partners of the Bakersfield Courthouse have requested
the consent of the City Council to transfer and assign their lease-
hold interest in the racquetball courts at Beach Park to Gannon
Enterprises, Inc., and Rudy Kochevar. Article XIII of Ground
Lease No. 76-110, provides that the City Council must consent to
such transfer, and that such consent must be given by resolution.
The City's consent may not arbitrarily be withheld. The Council
must act on the request within ten days or at its next regular
meeting (whichever is later). The unaudited Financial Statements
have been submitted by Gannon Enterprises and Rudy Kochevar. The
staff has requested additional financial information. The assignees
must also file a written document with the City Manager assuming
all of the rights, liabilities and obligations of the lease.
Assistant City Manager-Finance Higginbotham indicated
that the staff has received the required financial information and
is satisfied.
Mr. Dennis Cutler, partner in the Bakersfield Courthouse
Racketball/Handball Courts, explained that this assignment was
made pursuant to the Assignment Section in the lease.
Bakersfield, California, May 20, 1981 - Page 19
Upon a motion by Councilman Means, Resolution No. 33-81
of the City Council of the City of Bakersfield consenting to the
proposed assignment by Bakersfield Courthouse Racquetball/Handball
Courts of its rights and obligations under Agreement 76-110, and
amendments thereto, to Gannon Enterprises, Inc., and Rudy Kochevar,
was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong
Noes: None
Absent: Councilman Barton
Termination of Agreement No. 79-52
with EDAW, Incorporated, for prepa-
ration of a Revised Housing Element
to the Bakersfield Metropolitan Area
General Plan.
This agreement between the City of Bakersfield, County o~
Kern and EDAW, Inc., was entered into on March 27, 1979. Since
that time a number of organizational changes have occurred at EDAW.
At this time it is believed that cancellation is in the best
interests of the City. The County of Kern's staff concurs in this
position, therefore, staff requests authorization to negotiate an
agreement with Karen Northcutt and Aron Clemens, current sub-
contractors to EDAW, Inc., on this matter, for completion of the
Housing Element.
Upon a motion by Councilman Payne, Agreement No. 79-52
with EDAW, Incorporated, for preparation of a Revised Housing
Element to the Bakersfield Metropolitan Area General Plan, was
terminated and staff was authorized to negotiate an agreement with
Karen Northcutt and Aron Clemens for necessary work to complete
the Housing Element.
Approval of Contract with Musicians'
Union Local 263 for Nine Band
Concerts in Beale Park.
Upon a motion by Councilman Means, Contract with Musicians'
Union Local 263 for nine Band Concerts to be held in Beale Park
commencing June 14, 1981, and extending through August 10, 1981,
was approved and the Mayor was authorized to execute same.
Bakersfield, Cali£ornia, May 20, 1981 - Page 20
Approval of Amendment No. 1 to Agree-
ment No. 80-158 with John Carollo
Engineers providing the terms and
conditions for assisting the City
during construction of the Interim
Wastewater Facilities at Wastewater
Treatment Plant No. 3.
The consultant will provide those services which require
special expertise, such as, review of
periodic inspection of all electrical
vide start-up services as required by
all shop drawings and making'
and mechanical work and pro-
the City. The estimated
cost of this service is $25,000. Sufficient funds are available
in the project account for this work.
Upon a motion by Councilman Ratty, Amendment No. 1 to
Agreement No. 80-158 with John Carollo Engineers providing the
terms and conditions for assisting the City during construction of
the Interim Wastewater Facilities at Wastewater Treatment Plant No.
3, was approved, at a cost not to exceed $25,000, and the Mayor was
authorized to execute same.
Authorization granted for Councilman
Means and one staff member to attend
one of the Public Workshops sponsored
by the State of California's Advisory
Committee on Hazardous Waste Facility
Siting Criteria.
Councilman Christensen read an informational sheet from
the Governor's Office on three public workshops that will be held
on Non-Radioactive Hazardous Waste in Martinez, San Gabriel and
Fresno, and stated he felt it was important for someone from the
City of Bakersfield to participate by attending one of the meetings.
Upon a motion by Councilman Christensen, Councilman
Means and one staff member were authorized to attend one of the
Public Workshops sponsored by the State of California's Advisory
Committee on Hazardous Waste Facility Siting Criteria, and report
back to the Council on the issues discussed, solved, etc.
Bakers£ield, California, May 20, 1981 - Page
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:50 P.M.
MAYOR of the of Bakersfield, Calif.
ATTEST:
CITY CLERK an~ Ex O~f~i~lerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, June 3, 1981
3 q'7
Minutes of a special meeting of the Council
of Bakersfield, California, held in the Council Chambers of
Hall at 6:30 P.M., June 3, 1981.
The meeting was called to order by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor
Absent: None
of the City
City
Shell. Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
EXECUTIVE SESSION
Upon a motion by Councilman Christensen, the Council
recessed to an Executive Session for consultation with Nicholas
Counter, City's Labor Negotiator, regarding Labor Negotiations.
The Special Council Meeting was reconvened at 7:58 P.M.
RECESS
Upon a motion by Councilman Means, the Council recessed
the special meeting at 8:00 P.M., until Wednesday, June 17, 1981,
at 6:30 P.M.
OR of the/City df Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, June 3, 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., June 3, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation in the form of a prayer
submitted by Dr. Glenn Puder, Pastor Emeritus of the First
Presbyterian Church.
The City Clerk called the roll
Present: Mayor Shell.
Absent: None
Minutes of the
approved as presented.
as follows:
Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
regular meeting of May 20, 1981 were
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
the Kern River Parkway Committee, P.O. Box 1861, Bakersfield,
dated May 12, 1981, submitting a copy of their contribution to the
Kern County General Plan, was received, ordered placed Qn file and
referred to the Water and City Growth Committee.
Upon a motion by Councilman Ratty, communication from
T.A.D., Professional Services, P.O. Box 6471, Santa Ana, California,
dated May 12, 1981, regarding Assembly Bill 1771 for training on
aerosol tear gas units, was received, ordered placed on file and
referred to the Legislative Committee.
Upon a motion by Councilman Means, communication from
City of Huntington Beach, dated May 22, 1981, regarding a special
briefing for Southern California Mayors and Councils on Municipal
Homeowners Insurance, a program that will increase home safety in
communities, reduce insurance costs for residents and help subsidize
police and fire operations, was received, ordered placed on file
and members of the Budget Review and Finance Committee were
authorized to attend the workshop.
Bakersfield, California, June 3, 1981 - Page 2
Upon a motion by Councilman Ratty, communication from
the City of San Bernardino, dated May 27, 1981, requesting opposition
to Assembly Bill 112 (Lockyer), which would require Charter Cities
to submit their projects and financing plans for industrial develop-
ment types of projects to a State Commission, was received and
referred to the Legislative Committee.
Upon a motion by Councilman Rockoff, communication from
Cleta Bird, 242 "H" Street, dated May 27, 1981, requesting that her
license for buying gold and silver be reinstated, was received and
referred to the City Attorney for response.
In response to a question by Councilman Strong, City
Attorney Oberholzer stated he intends to notify Mrs. Bird that
through her attorney she waived her hearing. This stipulates the
probable cause for revocation Of her license, consequently there
is nothing for the Council to reconsider. Mrs. Bird can reapply
for a permit pursuant to Chapter 7.18 of the Municipal Code.
Upon a motion by Councilman Payne, communication from
Ralph Andersen and Associates, dated May 29, 1981, requesting a
date to review their draft report regarding the City's Management
Compensation practices with the Governmental Efficiency and Personnel
Committee and Management staff, was received and referred to the
Governmental Efficiency and Personnel Committee.
Upon a motion by Councilman Rockoff, communication from
Cornerstone Engineering, Inc., dated June 2, 1981, requesting a
General Plan Amendment £or commercial use of property located
approximately one half mile north of the intersection of Panorama
Drive and Fairfax Road, along the Fairfax Road extension, was
received and referred to the Planning Commission for study and
recommendation.
COUNCIL STATEMENTS
Councilman Means stated in regards to his request aT the
last Council Meeting regarding dogs running loose late at night,
Sue Hoy from the S.P.C.A. is present tonight to address the issue.
Bakersfield, California, June 3, 1981 - Page 3
Sue Hoy, S.P.C.A., stated unfortunately Councilman Means
lives in a problem area. The S.P.C.A. is usually in that area
several times a day. About the only thing that can done is, if
the address of the dogs homes can be obtained, contact the owner
and advise them of the Leash Law. The S.P.C.A. is now handing out
copies of the Leash Law to every complaint party that is called on.
People are being advised that this law also applies between the
hours of 5:00 P.M. and 8:00 A.M. The only other solution is to use
the dog trap.
Councilman Means indicated he would meet with Ms. Hoy at
the S.P.C.A. facility to discuss the trap and other possible solutions.
Mayor Shell stated she received a letter from the 25th
Annual Sister Cities Conference informing the City that Bakersfield
has been elected to receive a Special Achievement Award in the 19th
Annual Sister City Awards sponsored by the Readers Digest Foundation.
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 7-81 regarding Possession of
Alcoholic Beverages in City Parks, as follows:
The City has received requests to restrict the
drinking of alcoholic beverages within the City
parks. In light of the request, staff has
suggested several alternatives that may be
considered by the City Council:
1. No change (drinking and possession permitted).
2. No possession of alcoholic beverages in
City parks after a certain time say
9:00 P.M.
3. No possession of alcoholic beverages in
neighborhood parks. Possession permitted
only in Beach, California, Patriots and
Central parks.
4. No possession of alcoholic beverages in
any City parks.
This Committee recognizes the need to examine
these alternatives as well as develop additional
alternatives. This Committee also recognizes
that restricting the drinking and/or possession
of alcoholic beverages in City parks would place
Bakersfield, California, June 3, 1981 - Page 4
39'1
additional demands on the Police Department,
which is currently responding to calls on a
priority basis.
This Committee feels that this matter can best
be addressed by the Budget Review and Finance
Committee during its budget deliberation with
the Police Department and other departments.
Consequently, this Committee recommends that
this matter be referred to the Budget Review
and Finance Committee to analyze the suggested
alternatives, develop additional alternatives
and determine the financial impact of enforce-
ment.
(The following is a transcript, requested by
Councilman Christensen, of the statements made
regarding the report on Possession of Alcoholic
Beverages in City Parks.)
COUNCILMAN STRONG: Yes, I was going to ask some questions
once Councilman Christensen moved to accept the report.
MAYOR SHELL: We need a motion.
COUNCILMAN CHRISTENSEN: I move to accept the report.
MAYOR SHELL: And approve the recommendations?
COUNCILMAN CHRISTENSEN: And approve the recommendations.
COUNCILMAN STRONG: I was wondering if the Committee, or
any one of the Committee, would care to comment on whether or not
you felt that the Council ultimately would approve one o£ those
recommendations, which would result in additional law enforcement;
and, if so, is that the reason why you were referring this matter
the Budget Review and Finance Committee?
CITY MANAGER KELMAR: I think that the concern was that
the Police Department is presently taking calls on a priority basis,
as it is and we have a backlog of calls. The discussion centered
around that. The Budget Review and Finance Committee, in their
deliberations this year on the budget, has decided that they will
get into a discussion on the various service levels and get an
understanding of the different services that the various departments
are performing. It was felt that this discussion could be held
when they do meet with the Police Department, the Police Chief and
the Captains, and get a better understanding of the levels of service
and what type of calls they are responding to and what type of ones
Bakersfield, California, June 3, 1981 - Page 5
they aren't; and to get a better feeling for what the ramifications
of something like this may mean in terms of additional services.
Could the department not do some other things and maybe respond to
these types of situations? I think that was the nature of the
discussion. If that's of any help to you, Councilman Strong.
COUNCILMAN STRONG: I'm wondering if .... the question was,
is whether or not the Committee felt that the problem was of such
magnitude that, indeed, it was going to be adopted and that this
move was merely to assess the impact of enforcing it in the various:
parks. I'm wondering if there shouldn't be a finding of some kind
by the Council so as to have the matter .... in other words there
should be some kind of findings by the Council and I .... before
you're going to refer it to the Police Department.
CITY MANAGER KELMAR: Well no. That's not the point. I
think .... I would consider this like any other type of an item that,
for example, a request for additional funds, or whatever, that
comes to the Council for budget consideration that would go to the
Committee, would address during their budget discussions and there
would be some report or reaction back in the report that would
come back to the Council. This should .... I would think that this
would be specifically addressed by the Committee and there should
be some kind of response to the rest of the Council when they do
report back on their budget deliberations. So there is a point
where the Council would have an opportunity to consider whatever ....
the rest of the Council would have an opportunity to input or
comment on whatever their decision may be.
COUNCILMAN STRONG: What I'm saying though is, should it
be considered in the first place? I mean here you're referring it
to a committee to discuss and determine the financial impact of
enforcement. I'm saying that before that's done it seems to me
that some determination should be made by the Council that the
problem is of sufficient magnitude to be referred for a financial
impact consideration. That hasn't been done.
Bakersfield, California, June 3, 1981 - Page 6
CITY MANAGER KELMAR:
felt that they had enough input
something to be considered.
COUNCILMAN STRONG:
to say. Then that's what I'd
Well, I think that the Committee
from citizens that they felt it was
Okay, Okay, that's what I wanted you
like to take just a moment to examine.
The source of that input. Who it was that compiled it? What
department or was it a person? Was it specifically related to
drinking? Was it noise? Was it litter? Indecent exposure or what
was it?
CITY MANAGER KELMAR: Well, I can tell you that I met
with a lady that had all of those.
MAYOR SHELL: I did too.
COUNCILMAN STRONG: One woman?
CITY MANAGER KELMAR: Well, no I'm just saying I've met
with somebody. I don't .... you know ....
COUNCILMAN STRONG: See there is a difference between a
thousand complaints and one person making a .... I mean a ....
CITY MANAGER KELMAR: Well no, let me make it clear. I
didn't bring this issue up.
COUNCILMAN STRONG:
think before it is referred
Mayor, I'm just saying that I know ....
No .... but what I'm saying is that I
to the Budget Review and Finance
Committee to consider the financial impact, I would like to see it
discussed in a committee where, indeed, it was decided that some-
thing was going to be done about it or the problem was of sufficient
magnitude that something was going to be done, and then the Budget
Review and Finance Committee would consider the financial impact.
I think before you do that I'd just like to see at least a public
hearing held on this kind of thing, because it affects a lot of
people. Somebody sitting in the park having a beer, in my judgmenl;,
as opposed to somebody who is keeping up noise in the park is two
different things. One could be just perfectly law-abiding and quiet
and the other could not even have any beer. I think there should
Bakersfield, California, June 3, 1981 - Page
be a hearing and there should be sufficient opportunity to draw
some kind of distinction between what the problems are and to
make a determination that the problems are drinking related. I
don't think that's been done.
CITY MANAGER KELMAR: Well, all I can say is that if
that's something that the Council desires then .... I know some of
the Committee members were concerned and you might get their re-
action.
COUNCILMAN STRONG: I wanted to know if any Committee
member wanted to respond to the question of whether or not the
complaints have been documented. If the other members of the
Council could review those complaints so that we all would have an
ample opportunity to respond to those. I'd like to know how many
there were and who made those? Where they originated from? If the
Police Department, indeed, was getting calls or if it was Public
Works or Parks and Recreation? I'd like to know where they came
from.
COUNCILMAN CHRISTENSEN: Mr. Strong's point is well taken.
I'd like to add a few comments to this. I'd like to point out that
Mr. Means was absent and Mr. Rockoff and I met with the members of
the staff and also of the Park and Recreation Department. The
reason this problem arose was because of a .... I personally, myself,
received strong letters and received phone calls from other individuals
that complaints never arose where there wasn't residences around
~hem; such as, Beach, California, Patriots and Central Parks. But
the bitter complaints arose where there was residences. I think
to hold an open meeting here, where these individuals could talk,
they would have to be backed up with the Police Department. Because
some of them have rentals and they can't rent the places because of
undecent exposure in the park, excessive drinking and loud noise
after midnight, fist fights, car banging .... oh you ought to read the
things. If you want a few dirty phrases I could even go into that,
Bakersfield, California, June 3, 1981 - Page 8
but I don't think we need it. I think that if we hold an open
meeting on this we will have to guarantee the residents protection.
That's how bitter it is around residences, because they have had it
up to their ears. I'm sure that you people and you Councilmen,
you owned property on the edge of the park and you were kept awake
at three o'clock in the morning by fist fights and beer drinking
and urinating against the trees and on dogs even .... and I can tell
you a lot more if you'd like to hear it. Now, I would like to have
a motion from this Council that we have an open hearing and not
only that, that we demand that the Police Department extend full
protection to the people who testify. I so move.
MAYOR SHELL: You move to have an open hearing on the
question of this .... pardon.
ASSISTANT CITY CLERK ANDERSON: There is a motion on the
floor already.
MAYOR SHELL: That's a substitute motion. Yours is a
substitute motion, isn't it?
COUNCILMAN CHRISTENSEN: Yes .... yes.
ASSISTANT CITY CLERK ANDERSON: He made the motion. That
would be an amendment.
MAYOR SHELL: Oh, that's right. Councilman Christensen
I don't think that you can make a substitute motion to your own
motion, can he?
COUNCILMAN MEANS: He can withdraw his original motion.
MAYOR SHELL: I guess so, yeah. He can withdraw the
original motion. All right .... all right. You moved to have an
open hearing, public hearing ....
COUNCILMAN CHRISTENSEN: Yes ....
MAYOR SHELL: .... on the question of .... would you ....
COUNCILMAN CHRISTENSEN: The noise around parks where
residences are established and of the problem o£ drinking and the
related things that grow out of excessive drinking and so on and
so forth. But, I want it understood that the Police will back
Bakersfield, California, June 3, 1981 - Page 9
these individuals up and protect them, because I'm not having
them come down here, naked before God and everybody, and then have
their house burnt down, which they have been threatened.
MAYOR SHELL: Is that part of the motion, Police protection?
COUNCILMAN CHRISTENSEN: Absolutely .... absolutely let the
Council vote on it.
COUNCILMAN MEANS: I had just a couple of comments. I
also think Councilman Strong's point is a good point. I think the
Auditorium-Recreation Committee should make a finding and I think
we were close to doing that, but we also wanted to consider it during
budget times or have the Budget Review and Finance Committee consider
it .... really as an example of the things we really need to do more
often now and in the future. Then when we decide to look at an
ordinance that requires any kind of action or department then it is
going to require money and so we're going to have to also make the
decision of allocation. At least from what I know and from some
preliminary discussions with the Police Department and from people,
even if we had an ordinance, it would not necessarily require
additional personnel, it simply would be a tool that they could use
to enforce that. On the other hand, perhaps, we were too quick in
doing that, but that was our intent. I would support a motion that
it be referred back to the Auditorium-Recreation Committee. I would
hope that Councilman Christensen would do that. I think a public
meeting, a public hearing, would be fine, but again, normally what
we do is refer a matter to a committee and see what their thoughts
are and I would hope that we could refer this back to your Committee
and the Committee could made some recommendations. After that ....
after that Committee meeting if we wanted
I think that would be an excellent idea.
Christensen that you would do that. Then
to have a public hearing
I would hope'Councilman
in response to Council-
man Strong's points, I have had a number of complaints, certainly
from Wayside Park where a number of people were on particularly
Bakersfield, California, June 3, 1981 - Page l0
397
Saturday and Sunday nights and now they, as I understand it, they
are over at Beach Park and the complaints that I have gotten have
been numerous, as well as the concerns of the Police Department
that were brought to us ~ast week, or last meeting on the traffic
problems. I certainly think it warrants some serious consideration
and, in fact, I intend to support some kind of ban on drinking, based
on the complaints I have. I have also talked to this particular
individual that has talked to a number of the other people, but the
complaints I have gotten are far in excess of fifty to a hundred
people. That's why I felt like it was an important issue. In
response to your question, again, I would hope that Councilman
Christensen would withdraw his substitute motion and refer this
back to the Auditorium-Recreation Committee for a recommendation.
After they've met to then have a public hearing.
COUNCILMAN CHRISTENSEN: I have no desire, your honor,
of covering up a public hearing, but I want the people protected.
I think that the people have a right to come down here and spill
their guts and tell the truth, under oath. I'd like the Council
to react to that. If they really mean what they say, let's have it.
If they don't let's move on and get some other additional comments
and maybe I can accept what you have stated, because I am sincere
enough to know that it is a problem. It is not a problem amongst
the average local yokel of this town. It is not a problem in these
parks where there's no residences around them. It is a problem
of taxpaying residences around parks and we should face up to it.
COUNCILMAN ROCKOFF: In the discussion at the Recreation
Committee meeting the problem came up. We realized that there is
a serious problem and it seems to have been brought out tonight,
but when you prepare an ordinance it has to be an ordinance that
you can enforce and that is why we recommended that we bring it to
the Budget Committee, because it is going to be the responsibility
of the low enforcement agencies of this City to enforce the ordinance.
Bakersfield, California, June 3, 1981 - Page
We have to understand how practical we can make an ordinance before
we pass it or otherwise we just have words written on a piece of
paper and it won't mean anything and that's why it was referred to
the Budget Committee.
COUNCILMAN PAYNE: Well, I agree with Councilman
Christensen that it is time that we faced up to the problem and,
for one, I am happy to do that. This problem does exist in every
park in this City and I also have had numerous complaints, which I
relayed to City staff. But, I don't think this body can be expected
to instruct the Police Department to establish protection for
complaining citizens as the number one priority over homicides and
rapes, robberies and arsons, and other life threatening situations
and crimes. I would support an open public hearing on the matter,
however, I would recommend it wouldn't be held here. I don't think
this facility is large enough to handle the irate citizens that
would respond. I think the input and response would be overwhelming.
I would at this particular point support Mr. Means' recommendation,
and in failing that, I would support Councilman Christensen's recom-
mendation, if he would remove the portion requesting that we demand
the Police Department to provide that protection.
COUNCILMAN CHRISTENSEN: Your honor ....
MAYOR SHELL: There is some other .... unless you want to
respond to that.
COUNCILMAN CHRISTENSEN: I want to respond to that. An
ordinance is only of value if
up don't make the ordinance.
COUNCILMAN STRONG:
it is backed up. If it is not backed
I regret that there's absolutely so
much misunderstanding on points I tried to make very clearly. My
only concern has to do with how much of the problem, of which we've
generalized here, is concerned with drinking. I think that deter-
mination should be made. If you stop the drinking in the parks of
somebody who just wants to go out with the family and barbecue on
Bakersfield, California, June 3, 1981 - Page 12
399
an open grill, then sit there, play a little ball, have a beer ....
if you concern that behavior with behavior which is unruly, noisy,
littering, that kind of thing late at night .... I think we're talking
about two different kinds of behavior and I think we may be mis-
construing whether or not one is drinking related or not drinking
related. All I'm saying is, I think there should be some distinction
made as to what causes the kind of behavior under question. If
you prohibit .... declare some kind of prohibition on the drinking
and you allow the parks to remain open you could just as easily have
the same problem. If you don't enforce the rule in all of the
designated spots and you're selective as to where you do enforce
the rules, I think you're going to have another problem. What I'm
suggesting is that rather than just emotionally try to induce the
staff .... the Council to come up with an ordinance prohibiting
drinking in the parks, I'd just like to see the matter looked into
to see if the things that people are objecting to are drinking
related. It's as simple as that. I am not against investigating
the matter to see what can be done, but I just take issue with the
fact that the matter has been referred to the Budget Review and
Finance Committee to consider the financial impact of enforcing it,
before a finding has been made that the behavior, which is in
question, is drinking related. I find it a little difficult to
believe that somebody could go out in a park on a holiday and have
a picnic without having a beer. If this is what this Council wants
to do, that's fine, but I think that when we start to consider
impact we ought to consider the impact that all of this would have
on the County parks, because I would imagine that there would be a
mad exodus of City residents to County parks, if the County doesn't
change its ordinance. So, I don't want anybody to think that I'm
for people staying in parks late at night, the noise and the other
problems that could be caused. But I just want to make it clear
that I am for some kind of investigation and some kind of authentication
Bakersfield, California, June 3, 1981 - Page 13
as to how much this adverse behavior is drinking related. Whether
drinking or prohibiting drinking in all the parks or some of the
parks would really, indeed, take care of the problem.
COUNCILMAN RATTY: I think that this report was rather
sketchy in the facts and documentation of the magnitude, and
really some of these questions have brought up. I think that
referring it back to Committee is where we can find these and give
us options and the type of options that I think, probably, they
can come up with the .... even probably the cost that would probably
have .... Police would be entailed to enforce it if they did. I
think in Committee is where this should be, effects to be found
and report brought back to the Council and then we could have some-
thing to know what to do. So I would support the motion to refer
back to Committee.
COUNCILMAN CHRISTENSEN: No .... no .... no way .... no way.
MAYOR SHELL: There is no motion on the floor. The motion
on the floor now is to have a public hearing and guarantee Police
protection to the people who participate.
COUNCILMAN CHRISTENSEN: Your honor and members of the
Council, I should like to point out that among these are alternatives.
Most of the written complaints that I have got dealt with rowdyism,
noise, 70 to 80 percent of them stem from excessive drinking and
late hours, and throwing the bottles in the gutter and fist fights,
and like I said all the other things. You notice here in Proposition
2, no possession of alcoholic beverages in City parks after a certain
time - say 9:00 P.M. We merely suggested it. In this report near
the end, I think this is very important where I said right at the
end here, that not only would they consider these alternatives
listed here, the Budget Review and Finance Committee, but they also
analyze suggested alternatives and develop additional alternatives.
In other words, this was not a closed issue by stating these things
here. If we turn this back, I wouldn't take this with a hot rock
Bakersfield, California, June 3, 1981 - Page 14
back and I'll tell you why, because if I have to go out and gather
material to authenticate this, I want Police protection for me and
for the people around these parks. Now you can call it emotional
or whatever you want to, I'm speaking for people. I'd like to say,
I let Mr. Kelmar read one of the letters and he was appalled by the
things that are going on. Now, if I go around and collect this I
want protection, Police protection, and I'll gather you plenty of
it.
COUNCILMAN ROCKOFF: Even if we refer this back to
Committee, I think that part of the decision is going to have to
be made based on budgetary ability to enforce, so I would suggest
that at least the financial part of the investigation be turned
over to the Budget Committee to report back, then to the Recreation
Committee with their findings
information and possibly make
COUNCILMAN STRONG:
so that you'll have additional
a decision.
I didn't have my light on Mayor,
but
since you recognized me I'll tell you what, I've made my points
and hopefully the Budget Review and Finance Committee then would
consider what has been said here and to try to make some determina-
tion, a fair determination, whether or not the behavior, which we
are objecting to, is drinking related. I think there are a number
of people who associate some value to walking out in the park
having a beer and just sitting there watching the traffic go by
with no intention of being rowdy or disrespectful or anything else.
I think some due consideration should be given to that as opposed
to somebody who may not drink beer at all, or may not drink at all,
and may raise all kinds of sand and cause a lot of disruption. I
don't think that based .... the people who are law-abiding and social
in their behavior should be stigmatized for that person who is
disruptive. So, I won't fight the idea any longer, except for the
fact I hope that when the Budget Review and Finance Committee
considers this matter that they will consider the fact and try to
4O2
Bakersfield, California, June 3, 1981 - Page 15
make a determination what behavior is drinking related and what
behavior is not drinking related. So I a .... with that I call for
the question.
MAYOR SHELL: Well, we have .... Councilman Means wanted tc
had his light on to discuss this. Councilman Means.
COUNCILMAN MEANS: Yes, I would like .... I'm going to
make a substitute motion that we refer this back to the Auditorium-
Recreation Committee for recommendation.
MAYOR SHELL: The motion is to refer the matter of
rowdyism at City parks to the Auditorium and Recreation Committee.
Is there discussion on this motion?
COUNCILMAN CHRISTENSEN: Yes .... I wouldn't touch it with
a hot rock without Police protection, because the investigation
stems 70-80% associated with alcohol and its related hoodlism.
COUNCILMAN MEANS: If .... Mayor .... If that's the case, I
would make that to the Budget Review and Finance Committee.
MAYOR SHELL: Pardon?
COUNCILMAN MEANS: If that's the case, I would amend my
motion to refer to the Budget Review and Finance Committee.
MAYOR SHELL: All right. Councilman Strong your light
is on, did you want recognition?
why.
COUNCILMAN STRONG:
MAYOR SHELL: Well,
COUNCILMAN STRONG:
No .... no, I'm sorry I ....
there must be a short ....
Just because I talk so much that's
MAYOR SHELL: It keeps going on without you .... all right
is there further discussion on this motion?
COUNCILMAN CHRISTENSEN: Call for the question.
MAYOR SHELL: All those in favor please say Aye (a
majority of the Council stated Aye) .... Opposed ....
COUNCILMAN CHRISTENSEN: Well, are you going to vote on
my question? My original motion your honor ....
Bakersfield, California, June 3, 1981 - Page 16
403
MAYOR SHELL: This was
COUNCILMAN CHRISTENSEN:
voted on, my original a ....
MAYOR SHELL: Well,
COUNCILMAN STRONG:
I'd like it to .... I'd like it
this was a substitute motion ....
That's his motion to refer this
that's the report .... to refer it to the Budget Review and Finance
Committee .... that's it.
ASSISTANT CITY CLERK ANDERSON AND UNKNOWN COUNCILMAN: No,
he withdrew that.
MAYOR SHELL: He withdrew that and it was restated by
Councilman Means.
COUNCILMAN CHRISTENSEN: I was told by our Attorney that
it could be withdrawn and it could be made. I made the motion and
I would like this Council to either stand-up and be counted or to
be mealymouthed. If they're ....
MAYOR SHELL: Okay, let's review this. Was Councilman
Means' .... I know Councilman Christensen made a substitute motion
after withdrawing his original motion, so that was on the floor.
Then we had a substitute motion offered by Councilman Means. Does
this supersede?
UNKNOWN: No.
CITY ATTORNEY OBERHOLZER: Mayor Shell, what happened was
that Councilman Christensen made the original motion then withdrew
his motion and made a new motion. There was a substitute motion
made to the new motion. So the substitute motion passed. You don't
vote on the original motion of Mr. Christensen.
MAYOR SHELL: All right .... fine.
COUNCILMAN CHRISTENSEN: What was that? Would you please
explain that in English.
MAYOR SHELL: Could you put the mike in front of you,
please, Mr. Oberholzer.
CITY ATTORNEY OBERHOLZER: Okay. Councilman Christensen
made the original motion to refer this to the Budget Review and
4O4
Bakersfield, Califonia, June 3, 1981 - Page 17
Finance Committee and then withdrew his motion to refer it to the
Budget Review and Finance Committee. He then made a new motion,
of which I don't recall the exact wording ....
MAYOR SHELL: For a public hearing ....
COUNCILMAN CHRISTENSEN: For a public hearing .... provide
Police protection.
CITY ATTORNEY OBERHOLZER: From which there was a sub-
stitute motion made. Instead of having a public hearing that the
matter be referred to the Budget Review and Finance Committee, the
original motion. Well, it was the withdrawn motion by Councilman
Christensen., that motion of Councilman Means' was voted upon, the
substitute motion. Since the substitute motion passed the motion ....
COUNCILMAN CHRISTENSEN: Well, I know, but I want my
motion that I had first .... it was never acted upon. Before the
substitute motion can be acted upon they have to act upon my motion.
I rise to a point of order.
CITY ATTORNEY OBERHOLZER: No, Mayor Shell that's not
correct. You first vote on the substitute motion and if the
substitute motion does not pass then you go back to your motion
and vote on that.
MAYOR SHELL: Now that's under Mason's Manual, Councilman
Christensen. If the substitute motion passes then you do not vote
on the original motion. It was offered as a substitute motion. If
it did not pass then we would go back and vote on the ....
COUNCILMAN CHRISTENSEN: Then the original motion means
nothing?
MAYOR SHELL: It's been defeated. Is it .... no, no it
couldn't even be offered at this point, because the matters been
referred to the Budget ....
COUNCILMAN CHRISTENSEN: Then we should resort to nothing
but substitute motions.
(End of transcript)
Bakersfield, California, June 3, 1981 - Page 18
40.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 8-81 regarding Bingo Game
Permits, as follows:
Recently, the City Council amended the "Bingo"
Ordinance whereby organizations obtaining Bingo
Game Permits would be limited as to the number
of games they could have per week. While this
committee was considering the referred to amend-
ments, the Police Department was requested to
report back to this committee the maximum
number of organizations it would be able to
police, considering each organization would be
limited to one game per week under the "Bingo"
Ordinance.
This committee has been advised by the Police
Department that its current staffing and
resources would not be able to handle more
than 30 games per week.
In light of the above, the Police Department
has requested that this committee recommend
the City Council amend the Bingo Ordinance
whereby no more than 30 permits will be issued.
This maximum should remain in effect until
such time that additional manpower and financing
would be made available to the Police Department
so as to be able to provide enforcement to
additional games.
This committee concurs with the recommendation
and request of the Police Department and recom-
mends that the City Council direct the City
Attorney to prepare an amendment to the Bingo
Ordinance to limit the issuance of Bingo Permits
to a miximum of 30 permits.
In answer to a question by Councilman Barton, Lt. O'Rear
of the Police Department stated there are, at the present time, 15
permits issued.
City Attorney Oberholzer stated permits will be issued
on a first come first serve basis, with a waiting list after 30
permits are issued.
In answer to a question by Councilman Rockoff about
whether or not the present ordinance prohibits transferring permits,
City Attorney Oberholzer stated if it is not presently in the
ordinance it will be incorporated into the draft when it is prepared.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 8-81 regarding Bingo Game Permits,
was accepted; and the City Attorney was directed to prepare an
Bakersfield, California, June 3, 1981 - Page 19
amendment to the Bingo Ordinance limiting the issuance of Bingo
Permits to a maximum of 30 permits.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 7-81 regarding Annual Audit,
as follows:
The Budget Review and Finance Committee recently
solicited proposals from all CPA firms licensed
to do business within the City of Bakersfield.
This committee received proposals from seven
firms to perform the annual audit of the books
of the City of Bakersfield.
Of the seven firms submitting proposals, this
committee interviewed five and felt that three
of the firms more appropriately satisfied the
City's needs.
The three firms and their fees were:
1. Bailey, Brennan, Slaughter
& Co., Accountants, Inc. $16,000
Carpenter, Kuhn, Williams
& Sprayberry (Reduced to
$17,500 at a later date)
$20,127
3. Fox & Company $14,000
Although this committee was inclined to recom-
mend that the City Council award the contract
to Carpenter, Kuhn, Williams & Sprayberry for
the second year, their proposal reflected what
this committee felt to be an unreasonable
increase in the proposed fee over last year.
Also, the committee noted that prior to last
year, Fox & Company had performed the City's
annual audit for a number of years. The
committee felt that in the more recent years,
Fox & Company had not staffed the auditing team
with personnel having the same level of experience
as the auditing team of Carpenter, Kuhn,
Williams & Sprayberry and as proposed by Bailey,
Brennan, Slaughter & Co., Accountants, Inc.,
nor had Fox & Company been responsive in keeping
this committee informed during the course of
the audits. Additionally, it was noted that
the firm of Bailey, Brennan, Slaughter & Co.,
Accountants, Inc. has in-house personnel
experienced in the field of computer auditing.
Therefore, this committee recommends that the
City Council appoint the firm of Bailey, Brennan,
Slaughter & Co., Accountants, Inc. as independent
auditors of the City of Bakersfield for the
fiscal year ending June 30, 1981. This committee
further recommends that the City Council express
its intention to remain with the same auditing
firm for a period of two or three years providing
Bakersfield, California, June 3, 1981 - Page 20
the auditing firm performs in a satisfactory
manner and any proposed future fees would be
reasonable.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 7-81 regarding Annual Audit, was
accepted; Contract with the firm of Bailey, Brennan, Slaughter &
Co., Accountants, Inc., for Audit of City financial records for
Fiscal Year 1980-81, was approved and the Mayor was authorized to
execute same; and the Council expressed its intention to remain
with the same auditing firm for a period of two or three years
providing the auditing firm performs in a satisfactory manner and
any proposed future fees would be reasonable.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee read Report No. 8-81 regarding New Construction
Incentives Program, as follows:
In the 1979-80 Community Development Block Grant
Application, $150,000 was allocated to the New
Construction Inventives Program. The purpose
of the program is to stimulate construction of
affordable housing by purchasing HUD-approved
property and making it available to qualified
developers at a reduced cost to bring housing
within the financial reach of low- and moderate-
income citizens.
Recently, three developers submitted proposals
to City Council for Community Development funds
for land write-down projects. These were
referred to the Budget Review and Finance Com-
mittee, and staff was further instructed to
develop a recommendation on the proposals for
committee consideration. The committee's final
recommendation, in the form of the program
summary attached to this report, has been
developed over several meetings.
Under the proposed program, developers would
identify eligible sites in one of three
targeted census tracts--15, 20 and 22. Next,
a proposal would be submitted showing evidence
of construction financing, plans and spefici-
cations, availability of long-term buyer
financing, cost breakdown and developer track
record. Community Development staff would
review these proposals and for those qualified,
use Community Development funds, up to a
maximum of $6,000 to purchase a single lot.
The builder agrees to build and sell the
completed unit on that lot at an affordable
price to eligible families with the City
holding a non-amortized second mortgage on
the unit, due upon resale or title transfer
Bakersfield, California, June 3, 2981 - Page 21
of the property. Adequate resale controls
will be installed to prevent speculation during
the first five years. No more than 10 lots
will be awarded to any one builder at any one
time. A construction performance bond is
required to safeguard the City's investment
in the land, and the progress payments are made
to the builder during construction on a voucher
system by the construction lender.
Based upon similar ItUD-approved program operated
by the City of Santa Maria, Calif., this program
has been reviewed and approved by the Los Angeles
HUD office, Federal Housing Agency Fresno Office
and the Kern County Builders Exchange. All of
these agencies believe this program will provide
a valuable housing resource to families who
otherwise could not afford to purchase such
housing in today's market.
THEREFORE, IT IS RECOMMENDED THAT:
1. The New Construction Incentives Program be
approved; and
Community Development staff be authorized
to administer the program.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 8-81 regarding New Construction
Incentives Program, was accepted; and New Construction Inventives
Program was approved and the Community Development staff was
authorized to administer the program.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 9-81 regarding Ming Avenue
Bridge at the Arvin-Edison Canal, as follows:
When the 1980-81 Capital Improvement Program
was submitted to the City Council for review,
the staff recommended the City construct the
Ming Avenue Bridge at the Arvin-Edison Canal
and the developer construct the bridges at
Gosford and White Lane crossings.
Considerable discussion was held during the
budget deliberations concerning the funding
of this project, however, the staff was
authorized to proceed with the plans and
specifications and a decision to proceed with
the project would be made by the City Council
at the time the plans and specifications were
to be approved.
On May 6, 1981, the staff submitted plans and
specifications for the construction of the
Bakersfield, California, June 3, 1981 - Page 22
Ming Avenue Bridge at the Arvin-Edison Canal
to City Council for approval. At that time,
the City Council referred the matter to the
Budget Review and Finance Committee for study
and recommendation.
This committee addressed the concerns discussed
during the budget deliberations last year.
Those concerns included the question of the
City participating in the cost of construction
of the Ming Avneue Bridge and that bridge
benefiting primarily one developer in the
immediate vicinity. However, it was pointed
out the development plan was submitted and
approved prior to the City considering other
alternatives for participating in the construction
costs of major arterials.
This committee also expressed a concern re-
garding the City paying for the entire con-
struction of the Ming Avenue Bridge and the
developer paying for the construction of the
other two, Gosford and White Lane crossings.
The Public Works Director pointed out that the
City Council adopted a policy in January of
1979 whereby the City contributes 38% and
developers contribute 62% for the construction
of major arterials. In the case of the three
bridges, the developer agreed to construct two
if the City would construct the other. Since
all three bridges are identical, the net cost
to the City would be 33 1/3%, or an overall
savings of 5%, under this approach,
This committee concurs with staff recommendations
and in turn recommends that the City Council
approve the plans and specifications for the
construction of the Ming Avenue Bridge at the
Arvin-Edison Canal.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 9-81 regarding Ming Avenue Bridge at
the Arvin-Edison Canal, was accepted; and plans and specifications
for the construction of the Ming Avenue Bridge at the Arvin-Edison
Canal, was approved.
City Manager Kelmar reported that he attended a meeting
in Sacramento, last week, regarding the fiscal situation surrounding
the State budget. It is apparent all local governments will be
losing funds currently being received from the State. The amount
will not be known until the State budget is adopted. In light of
this and taking into consideration all other options open to the
City, it is requested that the Council's Intergovernmental Relations
Bakersfield, California, June 3, 1981 - Page 23
Committee open discussion regarding Sales Tax shared with the
County of Kern with their Intergovernmental Relations Committee.
Upon a motion by Councilman Barton, the matter of Sales
Tax shared with the County of Kern, was referred to the Inter-
governmental Relations Committee.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6961 to 7132,
inclusive, in the amount of $812,835.53.
(b)
Claim for Damages from Deidre Brothers,
505 South Haley Street, Apt. B, Bakers-
field. (Refer to City Attorney)
(c)
Claim for Damages from Joanna Payne, 1004
Adlante Circle, Bakersfield. (Refer to
City Attorney)
(d)
Claim for Damages from Leslie Ann Hunt,
13327 Calle Colina, Poway, California.
(Refer to City Attorney)
(e)
Grant of Easement from the County of Kern
providing right-of-way for a proposed
turnaround on Westbluff Court, north of
Panorama Drive.
(f)
Map of Tract No. 4399 and Improvement
Agreement with Great Western Builders,
Inc., for construction of improvements
therein, located west of California
Avenue between Lennox Avenue and Mohawk
Street.
(g)
Application for Encroachment Permit from
Pacific Southwest Realty Co., 333 South
Hope Street, Los Angeles, for construction
of wall furring extending a maximum of 12"
into the right-of-way at the southeast
corner of Chester Avenue and 22nd Street.
(h)
Application for Encroachment Permit from
Kevin & Marlene O'Rourke, 3900 Curry Court,
Bakersfield, for construction of a masonry
wall less than 3 feet high along back of
sidewalk at 3900 Curry Court.
(i)
Application for Encroachment Permit from
Martin W. Barnes, 3700 Beam Drive, Ventura,
California, for construction of steps and
railing from back of sidewalk to property
line on Harris Road, at southeast corner of
Harris Road and Stine Road.
(J)
Plans and Specifications for construction
of A.C. Pavement on Panama Lane, west of
Akers Road.
Bakersfield, California, June 3, 1981 - Page 24
(k)
Plans and Specifications for installation
of Automatic Fire Sprinkler System Facili-
ties for South Wing Addition to Bakersfield
City Hall.
(i)
Plans and Specifications for construction
of Section 22 Effluent Irrigation System
for Wastewater Treatment Plant No. 2.
(m) Plans and Specifications for Parking Lot
Improvements at the Bakersfield City Hall.
(n)
Contract Change Order No. 3 to Contract
No. 79-147 with Tumblin Company for South
Wing Addition to City Hall. This Change
Order is necessary to provide additional
telephone and duplex receptacle outlets,
to revise roof framing for proper align-
ment of existing and future railing and
several minor miscellaneous changes in
connection with the project. The Change
Order increases the cost of the contract
$2,832.14. Total contract price as a
result of this increase is $2,863,279.14.
Sufficient funds are available in Account
No. 57-493-9200 for this Change Order.
(o) Proposed City Standard, "Private Street
Gates," S-42.
(P)
Resolution of the Council of the City of
Bakersfield approving the proposal as set
forth in the resolution of the Board of
Directors of the Olcese Water District
declaring its intention to order the
acquisition and construction of certain
improvements in proposed Assessment
District No. 2 of the Olcese Water
District and the said map. (Refer to
Water and City Growth Committee for study
and recommendation)
(q)
Resolution of the Council of the City of
Bakersfield approving the proposal as set
forth in the resolution of the Board of
Directors of the Olcese Water District
declaring its intention to order the
acquisition and construction of certain
improvements in the proposed Assessment
District No. 1 of the Olcese Water
District and the said map. (Refer to
Water and City Growth Committee for study
and recommendation)
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p)
and (q) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Bakersfield, California, June 3, 1981 - Page 25
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of M Construction,
in the amount of $25,313.78, for Farm Road at Plant No. 3, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Rockoff, bid of Glenmac,
Inc., in the amount of $4,452.00, for Power Rock Rake, was accepted.
Upon a motion by Councilman Means, low bid of McCoy
Truck Tire Recap Company, in the amount of $32,001.57, for Annual
Contract #11482 - Recapping, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Kern Rock
Company, in the amount of $26,139.60, for Annual Contract #10482 -
Select Road Materials, was accepted, the other bid rejected and
the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2643 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 southwest corner of Harris Road
and Stine Road.
The application for this
Properties, Inc., and would change
(Agricultural) Zone to an R-1 (One
amendment was made by Portfolio
subject property from an "A"
Family Dwelling) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2643 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 southwest corner of Harris Road and Stine Road, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Means, Payne,
Christensen
Noes: None
Absent: None
Ratty, Rockoff, Strong, Barton,
Bakersfield, California, June 3, 1981 - Page 26
Adoption of Ordinance No. 2644 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 4809 and 4813 Durham Avenue.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an "A" (Agricultural) Zone to an R-2-D (Limited Multiple Fami~y
Dwelling - Architectural Design) Zone.
The Planning Commission recommended approval of the zoning
without the application of the "D" Design Overlay Zone based on
City Council action approving the ZORAC Report, which replaced the
"D" Design Overlay Zone with a site plan review process.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2644 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 4809 and 4813 Durham Avenue, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Adoption of Ordinance No. 2645 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
Stockdale No. 12 Annexation.
This ordinance zones upon annexation those certain
properties in the County of Kern located on the south side of
Stockdale Highway at E1 Rio Drive, to an R-1 (One Family Dwelling)
Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2645 New Series of the Council of the City of
414
Bakersfield, California, June 3, 1981 - Page 27
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 Stockdale No. 12 Annexation, finding said zoning
consistent with the General Plan, were adopted by the following
vote:
Councilmen Means, Payne, Ratty,
Christensen
roll call
Ayes:
Noes: None
Absent: None
Rockoff, Strong, Barton,
Adoption of Ordinance No. 2646 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
Panama Lane No. 3 Annexation.
This ordinance zones upon annexation those certain
properties in the County of Kern located north of Panama Lane,
west of Stine Road and south of the McKittrick Branch of the Southern
Pacific Railroad, to an R-1 (One Family Dwelling), C-1 (Limited
Commercial), M-1-D (Light Manufacturing - Architectural Design)
and M-2-D (General Manufacturing - Architectural Design) Zones.
The Planning Commission recommended approval of the
zonings upon annexation without the application of the "D" Design
Overlay on the M-1 and M-2 zonings, based on City Council action
approving the ZORAC Report, which replaced the "D" Design Overlay
Zone with a site plan review process.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2646 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 Panama Lane No. 3 Annexation, finding said
zonings consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Bakersfield, California, June 3, 1981 - Page 28
415
Ayes:
Noes:
Absent:
NEW BUSINESS
Adoption of Emergency Ordinance No.
2647 New Series of the Council of
the City of Bakersfield amending
Section 17.34.200 (g) (2) of the
Bakersfield Municipal Code relative
to removal of Nonconforming Signs.
This Emergency Ordinance extends for three months the
date by which specified nonconforming signs must be removed or
brought into compliance under Bakersfield Municipal Code Section
17.34.200 (g) (2). This ordinance was prepared upon the request
of Councilman Rockoff at the Council Meeting of May 20, 1981.
City Attorney Oberholzer corrected page 2 of the ordinance
by removing the words "within five years or" from Section 17.34.200
(g) (2).
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2647 New Series of the Council of the City of Bakersfield
amending Section 17.34.200 (g) (2) of the Bakersfield Municipal
Code relative to removal of Nonconforming Signs, as corrected by
the City Attorney, was adopted by the following roll call vote:
Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
None
None
Adoption of Resolution No. 34-81 of
the Council of the City of Bakers-
field fixing the time of Meetings of
the Council during the months of May,
June, July, August and September,
1981.
This resolution sets alternate Wednesdays as regular
meeting dates for hearings during the summer schedule.
Upon a motion by Councilman Christensen, Resolution No.
34-81 of the Council of the City of Bakersfield fixing the time of
Meetings of the Council during the months of May, June, July, August
and September, 1981, was adopted by the following roll call vote:
Ayes: Councilmen Means, Payne,
Christensen
Noes: None
Absent: None
Ratty, Rockoff, Strong, Barton,
Bakersfield, California, June 3, 1981 - Page 29
Approval of Agreement between Karen
Northcutt, Consultant, County of Kern
and the City of Bakersfield for
completion of Revised Housing Element
of the Bakersfield Metropolitan Area
General Plan.
This agreement provides the terms and conditions for
completion of the Revised Housing Element. The cost to the City
is $2,367.50, and sufficient funds are available in the original
project account.
Upon a motion by Councilman Payne, Agreement between
Karen Northcutt, Consultant, County of Kern and the City of Bakers-
field for completion of Revised Housing Element of the Bakersfield
Metropolitan Area General Plan, was approved and the Mayor was
authorized to execute same after execution by the County of Kern.
Councilman Christensen requested that the discussion
regarding Report No. 7-81 of the Auditorium-Recreation Committee
on Possession of Alcoholic Beverages in City Parks be spread in
full in the minutes.
City Manager Kelmar stated Mr. Wrex Beaman of the
Stanford Research Institute, who was supposed to give a report to
the Council tonight on the Emergency Communications System for the
City of Bakersfield, did not arrive in time to make his presentation.
EXECUTIVE SESSION
Upon a motion by Councilman Means, the Council recessed
to an Executive Session at 9:20 P.M. for consultation with the
City Attorney regarding a litigation matter. The regular Council
Meeting reconvened at 9:40 P.M.
Mr. Wrex Beaman, SRI International, presented the Council
with the Final Report on the Emergency Communications System, City
of Bakersfield, California, dated May, 1981.
Upon a motion by Councilman Payne, Final Report of SRI
International, dated May, 1981, entitled "Emergency Communications
System, City of Bakersfield, California," was received and referred
to the Budget Review and Finance Committee and staff for study.
Bakersfield,
California,
June 3, 1981 - Page 30
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:50 P.M.
MAYOR~ o~~ield, Calif.
ATTEST:
Ph '1 l~lm~r
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
418
Bakersfield, California, June 17, 1981
Minutes of a recessed special meeting of the Council of
the City of Bakersfield, California, held in the Council Chambers
of City Hall at 6:30 P.M., June 17, 1981.
The meeting was called to order by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
EXECUTIVE SESSION
Upon a motion by Councilman Barton,
the Council recessed
to an Executive Session for consultation with Nicholas Counter,
City's Labor Negotiator, regarding Labor Negotiations.
The recessed special meeting was reconvened at 7:45 P.M.
ADJOURNMENT
There being no further business to come before the
Council, Upon a motion by Councilman Rockoff, the recessed special
meeting was adjourned at 7:50 P.M.
MAYOR of the/City of Bakersfield,
ATTEST:
· ~/~y4~' f ici~k
CITY CLERK and/Ex O ~f the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, June 17, 1981
419
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., June 17, 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, Rockoff, Strong,
Barton, Christensen, Means
Absent: None
Minutes of the special and regular meetings of June 3,
1981 were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Mike Holdsworth, Coach of the California Bears Soccer?
Team, stated the Bears placed second in the 10th Annual International
Soccer Tournament in LeVerdon, France, and presented the trophy
they won to the Mayor. Mr. Holdsworth introduced the team members
who are all 10 to 12 year old boys.
Mr. Hank Hinse, Coach of the California Bears Soccer
Team, presented a medal
France.
Judi Wallrath,
to Mayor Shell from the Mayor of LeVerdon,
representing the Smoking Ordinance Society
of Kern County (SOS), presented the Council with a No-Smoking
Ordinance and requested that it be adopted.
Upon a motion by Councilman Ratty, the No-Smoking Ordinance
presented by SOS, was received and referred to the Budget Review
and Finance Committee for study and recommendation.
Mr. Dan Donahue, John S. Griffith Company, stated he was
present tonight to request the Council's concurrence in the approval
received last Thursday from the Redevelopment Agency on the develop-
ment of a Downtown Shopping Center. At that Redevelopment Agency
Meeting, Daon Development Corporation, Vancouver, British Columbia,
a new joint venture partner for the proposed Downtown Shopping Center,
was introduced. The Council has been provided with financial
42O
Bakersfield, California, June 17, 1981 - Page 2
statements, brochures on other Daon developments and he is avail-
able to answer any questions. Basically, this is a 50-50 partner-
ship. Daon is a financial partner and has committed $45,000,000
to pay for the public parking structure, which heretofore has been
part of the Urban Development Action Grant, and the rest of the
private money that was shown on all the proformas that were part
of the UDAG Application during the last nine months. John S.
Griffith Company will remain the developer and all contacts with
City agencies will continue through that office. The major depart-
ment stores, J. C. Penney, May Co., & Gottschalk's, have requested
that we reiterate that they are firmly committed to coming into the
downtown area. There is space, as now planned, for four departmen~
stores and approximately 275,000 square feet of satellite shops
(approximately 125 stores). Last week, in addition to presenting
an Implementation Agreement, a good faith check, in the amount of
$500,000, was presented to the Redevelopment Agency, who will be
earning interest on that money. This check will be held during
the next 60 days while the Development Agreement is reworked. As
a result of the parking facility being built by the developer the
Development Agreement must be reworked. When that agreement is
finalized it will be presented to the Council and Redevelopment
Agency for approval. If the agreement is finalized within 60 days,
the public portion of this development will be in a position to
advance the City the first increment of money. In addition to the
$500,000, $2,500,000 will be advanced so the City will have a fund
of $3,000,000 to begin property acquisition. Three department
stores and John S. Griffith Company are committed to a fall of 1983
opening date. This means we will have to work diligently to have
the site cleared and ready for commencement of construction by
about this time next year.
Mr. Cal Hollis, Katz, Hollis,
velopment Agency's Financial Consultant,
question by Councilman Rockoff, Mr.
Coren & Associates, Rede-
stated, in answer to a
Donahue and his partners
Bakersfield, California, June 17, 1981 - Page 3
42 l
approached the Agency's staff a couple weeks ago with this new
financial package. One of the questions, over the past year, has
been the ability, in certain markets, for the developer to obtain
sufficient private financing. The developer now has obtained that
financing and is so convinced that the financing is in place, that
should the Agency reach an agreement with the developer and the
Agency is ready and able to proceed and Mr. Donahue's company is
unable, at thatpoint, to obtain financing he has forfeited $500,000.
The issue of financing, from the developer's side, appears to be
solved. In changing the responsibility of constructing the parking;
facility from the Agency to the developer it greatly affects the
method of financing the Agency's public improvements. The Agency's
staff has not worked with the developer on the revenue and bonding
numbers as authorization has not been received by the Agency and
Council to proceed. That is what is being requested tonight. The
earlier financing plan called for approximately $20,000,000-$22,000,000,
and in some preliminary reviews it looks as if that bond issue will
remain at that range. Even though the developer will now be pro-
viding the parking instead of Federal funds, there remains the issue
of property acquisition, site demolition and all the other costs
and that is primarily what the bonds will be used for.
Councilman Strong commended Mr. Donahue for his hard work
and commitment to the project and stated he plans to support the
Implementation Agreement, provided it is saying what he thinks it
is; that $500,000 of good faith money has been deposited in a trust
fund pursuant to working out another Joint Development Agreement
in which all the financial figures and responsibilities of all
parties are set forth. At that time he will make up his mind whether
or not he supports the project. Councilman Strong stated he still
has reservations about the impact of this on the downtown and the
acquisition process,
in the next 60 days.
Mayor Shell
conflict of
this matter.
which he hopes will be cleared up in his mind
announced that due to a real or imaginary
interest, Councilman Payne will not participate in
422
Bakersfield,
California,
June 17,
1981 - Page 4
Councilman Ratty made a motion that
record in support of the
was unanimously approved.
on this matter.
CORRESPONDENCE
the Council go on
Implementation Agreement. This motion
Councilman Payne abstained from voting
Upon a motion by Councilman Christensen, communication
from the Kern Philharmonic, dated June 1, 1981, requesting financial
support, in the amount of $5,000, for their 1981-82 season, was
received and referred to the Auditorium-Recreation Committee for
study and recommendation.
Upon a motion by Councilman Christensen, communication
from the Kern Philharmonic, dated June 1, 1981, regarding summer
pops concerts in City parks, was received and referred to the
Auditorium-Recreation Committee for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
the Downtown Business Association, dated June 2, 1981, requesting
an amendment to the ordinance governing the conduct of sidewalk
sales, was received and referred to the Business Development and
Parking Committee for study and recommedation.
Upon a motion by Councilman Barton, communication from
the Downtown Business Association, dated June 8, 1981, requesting
a meeting with the Business Development and Parking Committee re-
garding approval of their 1981-82 Downtown Improvement District
Budget, was received and referred to the Business Development and
Parking Committee.
Upon a motion by Councilman Christensen, communication
from the Kern County Epilepsy Society, Inc., dated June 3, 1981,
requesting assistance in the Easter Seal 8ociety's Summer Activity
Program, was received and referred to the Auditorium-Recreation
Committee for study and recommendation.
Upon a motion by Councilman Payne, communication from
the Bakersfield Racquet Club, dated June 9, 1981, requesting
Bakersfield, California, June 17, 1981 - Page 5
abandonment of nine feet along east side of Pine Street between
Truxtun Avenue and Alley between 17th and 18th Streets, was received
and referred to the Planning Commission for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
the Bakersfield Racquet Club, dated June 9, 1981, requesting a
change in the street parking pattern on Pine Street, between Truxtun
Avenue and 18th Street, from parallel to diagonal parking on both
sides of the street, was received and referred to staff for study
and recommendation.
COUNCIL STATEMENTS
Councilman Christensen, in regards to a discussion that
took place at the last Council Meeting regarding possession of
alcoholic beverages in City Parks, requested that the following
two letters be placed in the minutes without names and addresses:
June 4, 1981
Mayor Mary K. Shell
1501Truxtun Avenue
Bakersfield, California 93301
Dear Mayor Shell:
We were delighted to see that the City Council
has finally acknowledged the issue of noise,
fights and harassment of residents in the
neighborhoods adjacent to City-owned parks.
However, we were disappointed to see that
one of the four proposals, that of banning
use of alcoholic beverages in parks next to
neighborhoods, would allow continued use of
alcohol in Patriots Park. Let me assure
you that we are a neighborhood here in the
Westwind development next to Patriots and
we have certainly had our share of problems
related to that park.
When we moved here last fall, we were
enthusiastic buyers of a lovely townhouse
overlooking Patriots. We bought here by
choice figuring that this property would be
every bit as pleasant as the homes fringing
parks in our previous residence of Palo Alto.
Please keep in mind that our home is approxi-
mately 25 feet from the park fence and faces
an area of tables which are quite secluded
after dark. Now let me describe just some
of what we have had to put up with from
Patriots during the last nine months:
Bakersfield, California, June 17, 1981 - Page 6
1. NOISE, part 1. I mean music from car radios
and tapes that are backed into the parking lot
with all the windows and doors open for the
single purpose of flooding the park with good
vibrations for the drinking and dopesmoking
crowd. Even when the young people are milling
about their cars rather than clustered around
the tables, the music is so loud that we can
hear it above our television; we can even hear
it in the back of our upstairs bedroom which
means it is carried through the house front with
closed windows and doors. I don't have to
elaborate on how that noise is amplified when
we try to open our windows for relief from the
heat. (My neighbor has often slept in an old
fashioned soft-capped hair dryer to escape the
noise---the soft humming of the dryer helps
drown the music.)
Let me also point out that this is not Mantovanni.
This is a constant assault of hard rock. Some
of it is rather crude. A case in point -- get
hold of the latest ACDC album and try to imagine
the current hot pop song on it entitled "Big
Balls" blasting into your bedroom at ll:00 p.m.
2. NOISE, part 2. If you've ever been around
any high school campus or gathering place lately,
you will notice that many young people swear
profusely and liberally punctuate their sentences
or sentence fragments with some form of the verb,
Our park is full of such people who
scream vulgarities at one another and the noise
gets louder as the evening wears on. It gets to
be a case of "party hearty" into the night.
Here's another example -- my daughter's bedroom
overlooks the park and I'm sure these two calls
to the police are a matter of record. About two
weeks ago, three rowdy and rude young men staged
a pissing contest through the chain link fence
attempting to hit the sidewalk in front of our
house. One succeeded. This was at 1:00 a.m.
I had gone to Los Angeles to pick up my husband
on a late night flight and my daughter who is
seventeen was alone. Just a few days later,
there was a melee in the park at 3:00 a.m. with
a bunch of kids fighting and screaming. On both
occasions we called the police. But by the time
(and it takes some time to have a non-emergency
call answered) the police arrived, the damage
is done and the culprits are usually gone. I
would also like to say that even when a family
in our neighborhood resorts to calling the police
for assistance in the early evening, the offenders
turn down the music and are on their best behavior
when the squad car comes into view.
3. ALCOHOL AND DRUGS. Before our townhouses
were built, the late nighters must have had a
field day in Patriots. That is, it was fairly
isolated and private for getting drunk or stoned.
There is a hard core older crowd that frequents
the park along with a number of fairly young
Bakersfield, California, June l?, 1981 - Page 7
kids today. We sat in our living room one night
and watched a kid of about 14 bury his stash
under a park bush close to our front door.
Patriots is a haven for drug dealers in the
southwest part of Bakersfield; both drugs and
alcohol are abused in this park.
4. VEHICLES. As part of the evening ritual,
young people in all forms of vehicles with
loud engines and screaming radios make a run
of the Patriots parking lot, peel out and
screech on down Fjord. This is unnerving and
often goes on into the wee hours.
5. TRASH. This little oasis of green called
Patriots is often a sorry sight when the early
morning crews come to deal with the smashed
beer bottles, garbage and trash from the previous
night. It's a sad comment on what occurs in the
park.
So, you can see we have had to call the police
on numerous occasions and so have our neighbors.
But the answer does not lie in having a police
car run out to the parks at any or all hours
of the night, it lies in an ordinance that will
protect property owners from this kind of
harassment. We need an ordinance that will be
enforced until the violators and all of their
kind understand that this kind of illegal and
anti-social behavior will not be condoned in
Bakersfield.
If indeed, you are concerned about the image
of Bakersfield as a cowtown, here is an excellent
first step in rectifying the situation. Ban
alcohol and loud music from your parks. Make
the parks as pleasant and safe as possible.
Return the use of the parks to the taxpayers
who support them (and are afraid to venture into
them these days.)
We are just one family, but our problem is
amplified hundreds of times by those in our
same situation. Please do not be afraid to
take a forceful stand on what you will tolerate
in your City facilities. Don't let the rabble
set and dictate the tone of this town.
Very truly yours,
June 16, 1981
Councilman J. M. Christensen
1408 Radcliffe Drive
Bakersfield, California 93305
Dear Mr. Christensen:
My comments on Council proposals are enclosed.
I would appreciate your consideration of the
on-going aggravation caused by wines in Jefferson
Park.
426
Bakersfield, California, June 17, 1981 - Page 8
NUISANCE LAW - ...invasion of a person's com-
fortable enjoyment of his property. Most courts
will consider a homeowner's complaint when it
infringes on the ability of the ordinary person
to live and enjoy the premises the way they
were designed to be enjoyed.
The above quotation was taken from a recent
reading. Knowing of the long standing problem
brought to your attention, I feel justified in
seeking relief.
Your support is appreciated, and I look forward
to substantive action.
Sincerely,
Reference: The Bakersfield Californian 6-3-81:
(1)
No change---Ignores present problems with
drinking now affecting nearby residents,
other park users (especially children),
and potential users kept away by unpleasant
(even dangerous) conditions.
(2)
9:00 p.m. curfew---Offers no improvement
in daylong drinking by regular park habitue
and associated problems. When faced with
this on a daily basis, no result from a
9:00 p.m. curfew offers much relief; also
requires enforcement.
(3)
Ban possession---Offers acceptable (but
not best) solution of four proposals
suggested. Abuses of park use by chronic
alcoholics (drunkenness, pandering, dis-
orderly conduct and excessive noise,
traffic violations, driving after drinking,
broken glass, litter, etc.)
At Jefferson Park, adjacent school and
pool use by children and young adults make
present drinking activity especially
undesirable. Need for wholesome activity
where parents can feel children are safe
to play.
(4)
Ban alcoholic beverages in all City parks---
Probably best solution to excesses but
public acceptance may be questionable.
People who want to drink all day should not
force their behavior on others who must witness
the unpleasant aspects of results in a public
place.
Suggest 10:00 p.m. - 6:00 a.m. closing hours
for parks (normal sleeping hours).
Jefferson Park - Ban street parking on King
Street, east side, Bernard to Jefferson; west
side, Grace Street to Jefferson, to conform
to hours of closure. (Consult property owners
re area west side, Bernard to Grace Street.)
Bakersfield, California, June 17, 1981 - Page 9
427
Such action would tend to eliminate night parking
now causing disturbance two or more times a night,
several nights a week, from midnight to 6:00 a.m.
Last Thursday, 4:00 a.m., tennis game started.
Monday night, car parked 3:30 a.m., drinking.
These incidents increase as weather gets warmer.
Please do not overlook noise problems associated
with parks in residential areas. Need ban on
cars cruising with excessively loud stero music;
ban on radios in cars parked (loud volume) on
street adjacent to residences. Volume can be
heard a block away. Loud rock music a frequent
disturbance, daytime and night interruptions of
sleep.
Enforcement cost could be off-set in part by
fines from citations for litter, traffic
violations (drink all day, stagger to cars and
drive away).
It is evident police are too busy to make
intermittent patrols effective in controlling
conditions. We need stringent action for
correction.
Mr. Caleb Smith residing on Grace Street (½ block from
Jefferson Park), expressing his and his neighbors concerns about
trash in the park, flood lights at the courts being left on for
as long as 20 hours per day and swimming pool heater left on all
the time, even when not in use. Mr. Smith felt a 10:00 P.M. park
curfew might help.
Councilman Christensen requested that each Councilman
be furnished a copy of the second letter that was read (they
received a copy of the first letter), and he hopes the Budget
Review and Finance Committee makes a superb effort to attack this
problem head on and reach a conclusion that will create a better
understanding of law and order in this City.
Adoption of Resolution No. 35-81 of
the Council of the City of Bakers-
field commending Police Officers
Jess Molinar, Robert McDougal and
Joe Ruiz who were seriously injured
in the line of duty this week.
Upon a motion by Councilman Rockoff, Resolution No. 35-81
of the Council of the City of Bakersfield commending Police Officers
Jess Molinar, Robert McDougal and Joe Ruiz who were seriously
428
Bakersfield, California, June 17, 1981 - Page l0
injured in the line of duty this week, was adopted by the following
roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Councilman Rockoff read a letter from James B. Inskeep,
dated June 9, 1981, outlining four main hazards at the intersection
of Columbus Street and Panorama Drive, and requested that the staff
and Traffic Authority investigate the matter.
Councilman Means, responding to Caleb Smith's remarks
regarding the problems in City parks, stated he wanted to make it
clear that this matter will not be forgotten. It was referred to
the Budget Review and Finance Committee at the last Council Meeting
for study and recommendation, and will be brought back to the
Council as soon as possible.
Mayor Shell stated she received a notice from Golden
Gate Airlines that they plan to cut services to and from Bakers-
field and requested that the City Attorney explain.
City Attorney Oberholzer stated that the City received
notice of filing with the Civil Aeronautics Board that Golden Gate
Airlines plan to cut all services to and from Fresno, Reno and San
Jose. Golden Gate Airlines does not provide essential air service
to any of these points. Transportation'to these points is not
considered by the Civil Aeronautics Board as essential air service
from Bakersfield. They have filed notice to terminate those runs
60 days from June 9, 1981, which would be August 1, 1981. At the
same time they have requested to be relieved of the 60 day notice
and want to be able to terminate service on July l, 1981. They are
not cutting services to Los Angeles or San Francisco. If the
Council is in opposition to this, a resolution should be adopted to
that effect, and, if not, no action should be taken. (The Council
decided to take no action.)
Bakersfield, California, June 17, 1981 - Page
REPORTS
Councilman Christensen presented a report on the Council's
Review of the Redevelopment Agency's Action to Select a Hotel
Developer, as follows:
Acting in my capacity as Council/Agency liaison
and coordinator for the development of the
Convention Center Hotel, I am submitting the
following report.
On June ll, 1981 during a special meeting of
the Redevelopment Agency, the following actions
occurred regarding selection of hotel developer:
The full Agency received a report from the
Redevelopment Agency Development Committee
regarding the review of proposals submitted by
hotel developers and the selection of a hotel
developer for the City's proposed Convention
Center Hotel. It was determined by the committee,
and agreed upon by the full Agency, that the
proposal developed and submitted by Hedrick/
McBride best addressed the needs of the community
and indicated sound knowledge and experience in
the field of hotel development and management.
It also best identified the developer's financial
resources available for the development of the
proposed hotel. To further the development
process and to begin a period of negotiation
between the City and Hedrick/McBride Develop-
ment Company, the Agency granted Hedrick/McBride
Development Company an exclusive 60-day preliminary
negotiation period. During this 60-day period,
the developer and the City have been directed
by the Agency to develop a preliminary draft
ground lease to the mutual agreement of both
parties and to develop conceptual plans of the
hotel. During this 60-day period, the City will
provide a precise survey of the proposed hotel
site and will develop a parking program for the
Auditorium, looking toward future needs and uses.
Additionally, an initial study for the required
EIR will be completed during this 60-day period.
Agency Recommendation: In regards to this issue,
the Agency is desirous of receiving Council in-
put and concurrence with the action taken, al-
though not legally required at this time.
Upon a motion by Councilman Christensen, report from
Councilman Christensen regarding Review of the Redevelopment Agency's
Action to Select a Hotel Developer, was accepted.
Councilman Strong, Chairman of the Intergovernmental
Relations Committee, read Report No. 3-81 regarding City of Bakers-
field Sales Tax Ordinance, as follows:
Bakersfield, California, June 17, 1981 - Page 12
From 1946 to 1956 the City of Bakersfield levied
and collected a sales tax through its charter
city powers. This revenue option was not avail-
able to general law cities and counties. As a
result of urging of general law cities and
counties, Bradley Burns Uniform Local Sales and
Use Tax Law was adopted and became effective
on April l, 1956. The Bradley Burns Law enabled
counties and cities to levy a 1% sales tax and
provided for uniform collection by the State
through the Board of Equalization on behalf of
the cities and counties to be apportioned back
to the cities and counties based upon the point
of sale. In order for the tax to be collected
by the State, it was necessary that the counties
adopt a uniform sales tax ordinance.
At that point in time, the Kern County Board of
Supervisors expressed interest in sharing in
the sales taxes of the various cities in Kern
County. In 1956, negotiations between the City
and the County resulted in the County receiving
10% and the City receiving 90% of the City's
1% sales tax. Subsequent negotiations through
the years have resulted in the County receiving
4.9% and the City receiving 95.1% since 1969.
However, State law does provide that changes
in the distribution amounts may be made by the
cities without the consent of the County.
In light of the City's certain loss of revenues
from the State due to their budgetary problems,
the City Manager recommended to the Council, as
an option to help make up the loss, this matter
of the sales tax be referred to the Intergovern-
mental Relations Committee for study and recom-
mendation.
This committee met with the Intergovernmental
Committee of the Board of Supervisors, County
of Kern staff, and City staff to discuss this
matter. The members of the Board of Supervisors
and the staff from the County of Kern recognized
the fact that it was not necessary for the City
to discuss this matter with the County, however,
they expressed their appreciation that the City
chose to discuss this matter and any effect it
may have on the County prior to amending the
City Ordinance. The County indicated they would
like the City to consider assuming certain
services the County provides within the City
such as the maintenance of Panorama and College
Parks, and the two Veterans Halls located within
the City. This committee feels at the same time,
City staff should examine areas where the City
may be currently providing services to the
County within the City.
The committees agreed to meet in the future to
discuss these areas of concern. However, it
was also agreed the City would proceed with
amending its Sales Tax Ordinance to retain the
entire 1% of the sales tax. This report should
be considered first reading of the ordinance.
Bakersfield, California, June 17, 1981 - Page 13
Upon a motion by Councilman Strong, Intergovernmental
Relations Committee Report No. 3-81 regarding City of Bakersfield
Sales Tax Ordinance, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending the Uniform Local Sales and
Use Tax Ordinance of the City of
Bakersfield, Chapter 6.08 of Title 6
of the Bakersfield Municipal Code,
to increase the Sales and Use Tax
imposed thereby from .951 of one
percent to one full percent.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Uniform Local Sales
and Use Tax Ordinance of the City of Bakersfield, Chapter 6.08 of
Title 6 of the Bakersfield Municipal Code, to increase the Sales
and Use Tax imposed thereby from .951 of one percent to one full
percent.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 10-81 regarding Softball
Field Lighting at Bakersfield College, as follows:
Prior to adoption of the current annual budget,
the Kern Community College District approached
the City with a proposal whereby they would
construct a softball diamond on the Bakersfield
College campus. The District's proposal to the
City was to have the City fund the construction
of the lights for the softball diamond.
Upon completion of the construction, the Kern
Community College District will assume respon-
sibility and cost for the maintenance and
operation of the lighted softball field. Also,
the City would have exclusive use of the
facility for its softball program, except for
use by the District during normal school use,
provided adequate notice is given by the
District.
The City felt this project to be desirable
since it would afford the City the opportunity
to expand its softball program. The original
estimate by the District for the cost of
construction of the lights was $30,000 and the
City Council approved funding in that amount
in the City's annual budget for the fiscal year
1980-81. The current estimate by the college,
for the cost of the construction of lighting
for the softball field is $45,000. The City's
Public Works Department has reviewed and agrees
with the estimate.
432
Bakersfield, California, June 17, 1981 - Page 14
Therefore, this committee recommends the City
Council authorize the additional $15,000 from
the Council Contingency Fund within the Capital
Outlay Fund and authorize the Mayor to execute
the agreement with Kern Community College
District.
Councilman Rockoff requested that the agreement clearly
state who pays for the operation and electricity of the softball
field when it is used publicly.
City Attorney Oberholzer stated he would insert a
sentence in the agreement stating that "such public use shall not
be paid for by the City of Bakersfield."
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 10-81 regarding Softball Field
Lighting at Bakersfield College, was accepted; additional $15,000
from the Council Contingency Fund within the Capital Outlay Fund
for cost of the construction, was approved; and agreement with the
Kern Community College District, was approved and the Mayor was
authorized to execute same.
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 3-81 regarding Anheuser-Busch Proposal,
as follows:
On October 3, 1972 the City of Bakersfield
entered into an agreement with Anheuser-Busch,
Inc., whereby the City agreed to the treatment
of the Company's waste produced from its yeast
plant. The term of the agreement was for a
period of 30 years.
The original agreement provided an initial flow
of 200,000 gallons per day. The contract pro-
vided that Anheuser-Busch had the right to
double or triple their plant operations.
On July 30, 1975, the average flow rate was
increased to 440,000 gallons per day. Recently,
Anheuser-Busch notified the City of its intent
to expand its plant operation in 1982 and its
intent to increase the average flow rate to
600,000 gallons per day.
At the present time, the City is planning an
expansion program for Wastewater Treatment
Plant #3, which would include processing the
waste in such a manner that the waste from
Anheuser-Busch yeast plant would be separated
Bakersfield, California, June 17, 1981 - Page 15
'4.33
from all other wastes being processed through
Plant #3. This expansion program is scheduled
for completion in 1985.
Anheuser-Busch has made a proposal to the City
which is conceptually the same as the City's
program of separating the Anheuser-Busch waste
from all other wastes, however, in their proposal
they would finance, construct, and operate the
disposal operation with the exception of a
$700,000 participation by the City.
The staff pointed out to the committee that at
the present time City Wastewater Treatment
Plant #3 is operating near its designed capacity.
The Anheuser-Busch proposal would relieve the
capacity problem. Also, in order for the City
to accept the additional 160,000 gallons of
daily flow (as scheduled in 1982) it will be
necessary £or the City to construct temporary
facilities.
The staff has analyzed the proposal from Anheuser-
Busch and the feasibility of the City partici-
pating in the cost. The City has examined all
costs of several alternatives without Anheuser-
Busch participation vs. with Anheuser-Busch
participation and from a financial point, it
would be beneficial for the City to accept
Anheuser-Busch's proposal. This committee feels
the proposal from Anheuser-Busch provides a
viable and working alternative to the expanding
problem of wastewater treatment in the South-
west and recommends that the City notify Anheuser-
Busch as to its agreement in concept and the
staff be authorized to negotiate the financial
terms and report back to this committee.
Councilman Ratty made a motion that Water and City Growth
Committee Report No. 3-81 regarding Anheuser-Busch Proposal, be
accepted; and staff be authorized to notify Anheuser-Busch of the
City's agreement of the concept and negotiate the financial terms
and report back to the Water and City Growth Committee.
Councilman Rockoff stated that Lewis & Falletti Farms
have requested to be heard on this matter before a decision is made,
because they are under the impression that they have an option to
renew their lease for this property.
During discussion Councilman Ratty withdrew his motion.
After discussion, upon a motion by Councilman Rockoff,
action on Water and City Growth Committee Report No. 3-81 regarding
Anheuser-Busch Proposal, was held over until the next Council Meeting
4. 4
Bakersfield, California, June 17, 1981 - Page 16
and sometime during the next two weeks a meeting with Lewis &
Falletti Farms is to be held in order to reach an understanding
on the matter of their lease of this land.
City Manager Kelmar reported on a Proposed Industrial
Park, as follows:
One of my objectives, as City Manager, is to
see the City become more involved in the area
of economic development. I feel where the City
can assist in stimulating business activity,
the benefits to be derived are beneficial to
the entire community.
The City owns approximately 15 acres of land
between Freeway 58 and Brundage Lane, just east
of Mt. Vernon Avenue. The land is not utilized
to its best and highest use and could be
developed as an industrial park. Community
Development Block Grant funds can be utilized
for development purposes. It could then serve
as a means to attract industry to this area.
The City contracts with the Chamber of Commerce
for industrial promotion and we could utilize
the Chambers to assist us.
I would, therefore, request this matter be
referred to the Business Development and Parking
Committee for their consideration.
Upon a motion by Councilman Barton, matter of developing
City-owned land between Freeway 58 and Brundage Lane, just east of
Mt. Vernon Avenue, to an Industrial Park, was referred to the
Business Development and Parking Committee for study and recom-
mendation.
Assistant City Manager-Finance Higginbotham reported that
on May 6, 1981, the City Council accepted a proposal by Knight's
Building Materials to lease the Old Corporation Yard at 1611 and
1612 "S" Street, for a 3 year period. At the same time staff was
authorized to negotiate an acceptable lease agreement, which would
have to come back to the Council for approval. Mr. Duncan Ross,
Knight's Building Materials, has advised the staff that he is no
longer interested in the property and declined to enter into a
lease agreement with the City. The Municipal Code authorizes the
Council to exercise its prerogative to award the lease agreement
to the next highest bidder, which was American Home Industries and
Bakersfield, California, June 17, 1981 - Page 17
it is recommended that the Council do that. Mr. Ross stated he
made arrangements with his present landlord to extend his lease
to ten years, which is more desirable than the City's three year
arrangement.
Councilman Means stated a letter should be sent to Mr.
Ross that it is inappropriate that he did not let the City know
about this.
Upon a motion by Councilman Christensen, second highest
bid of American Home Industries for the City's Old Corporation Yard,
located at 1611 and 1612 "S" Street, was accepted and staff was
authorized to negotiate a lease agreement. Councilman Payne abstained
from voting on this matter.
Upon a motion by Councilman Ratty, the City Attorney was
requested to look into the legal ramifications of the withdrawal by
Knight's Building Materials of their offer to lease the City's Old
Corporation Yard.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 7133 to 7324,
inclusive, in the amount of $930,047.66.
(b)
Claim for Damages from Audrey F. Clark,
824 Roberts Lane, Apt. 16, Oildale.
(Refer to City Attorney)
(c)
Claim for Damages from California Water
Service Company, 1214 East California
Avenue, Bakersfield. (Refer to City
Attorney)
(d)
Claim for Damages from T. C. Hu, 333
Union Avenue, Bakersfield. (Refer to
City Attorney)
(e)
Grant of Permanent Storm Drain Easement
and Temporary Construction Easement from
Paul J. Grauf, located midway between
Fairview Road and Panama Lane, east of
South "H" Street, required for construction
of the Fairview Drainage System.
(f) Notices of Completion and Acceptance of
Work for:
Construction of Sanitary Sewer in Beach
Park, Contract No. 81-68 with B & B
Plumbing.
426
Bakersfield, California, June 17, 1981 - Page 18
(f) Continued:
(g)
(h)
(i)
(J)
(k)
Resurfacing of Auburn Street and Maywood
Drive, Contract No. 81-63 with Granite
Construction Company.
Recover roof on the Bakersfield Police
Department Building, Contract No. 81-72
with M. L. Robinson & Son, Inc., dba Kern
County Roofing & Waterproofing Company.
Water Department Office Addition and
Corporation Yard Storage Building,
Contract No. 80-18 with Wallace and Smith.
Tract No. 3795 B, Contract No. 80-45 with
Hinesley Brothers, located at College
Avenue and Vyn Drive.
Tract No. 4227, Contract No. 80-147 with
Kern County Builders, located at Montclair
Street and LaMirada Drive.
Notice of Partial Completion and Acceptance
of Work for Bakersfield City Hall South
Wing Addition - Phase I, Contract No.
79-147 with Tumblin Company. The work on
this project, except miscellaneous hard-
ware and signing, was completed on June
5, 1981. These items will be installed
upon receipt from manufacturer. Public
Works Department recommends that all work,
with the exception of the hardware, signing
and miscellaneous cleaning of concrete
surfaces be accepted for maintenance by
the City.
Map of Tract No. 4363 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located south of Ming
Avenue, between Gosford Road and Ashe
Road.
Map of Tract No. 4364 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located south of Ming
Avenue on the east side of LaureIglen
Boulevard.
Maps of Tract Nos. 4409, Units "A" and
"B", and Improvement Agreement with
Clapp-Rodriquez-Prasser for construction
of improvements therein, located south of
North Laurelglen Boulevard, on the east
side of Gosford Road.
Application for Encroachment Permit from
Jose Silva, Sr., 925 Flower Street, for
construction of a 4 foot high chain link
fence along back of sidewalk at 925 Flower
Street.
Bakersfield, California, June 17, 1981 - Page 19
4.q7
(i)
Plans and Specifications for resurfacing
"F" Street from 21st Street to Golden
State Avenue.
(m)
Contract Change Order No. i to Contract
No. 81-64 with Granite Construction
Company for A. C. Pavement on Planz Road
between South "M" Street and South Chester
Avenue, Federal Aid Urban Project No.
245(1). This Change Order is necessary
to provide payment for actual quantities
of work which exceeded estimated quantities
and several minor miscellaneous changes in
connection with the project. The Change
Order increases the contract cost by
$3,544.65 and sufficient funds are budgeted
in the current fiscal year for this change.
(n)
Contract Change Order No. l0 (Supplemental-
1) to Contract No. 80-48 with Granite
Construction Company for the Truxtun Avenue
Extension, Phase II, F.A.U. Project No.
M-F 252(1). This Change Order is necessary
to widen portions of the roadway shoulders
two feet back of curb and gutter and A. C.
Dike, as required by the State Department
of Transportation. The Change Order in-
creases the contract cost by $21,225.55
and sufficient funds are budgeted in the
current fiscal year for this change.
(o)
Request of Police Chief for a City Council
Policy regarding use of City streets for
Bicycle and Running Marathons. (Refer to
AuditoriumsRecreation Committee)
(p)
Request from County of Kern for City
participation in proposed studies for
alignment of an interchange at State
Highways 178 and 99 as part of the Rose-
dale General Plan. The freeway would
extend into an area within the City of
Bakersfield with an interchange at State
Highway 99 and a connection to State
Highway 178 east of State Highway 99.
Due to the complexity of the interchange
the County Public Works Director is
recommending a consultant be obtained for
studies of the alignment and is requesting
City participation in the cost. (Refer to
Budget Review and Finance Committee)
Upon a motion by Councilman Means, 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, Rockoff, Barton, Christensen,
Means
Noes: None
Absent: Councilman Strong
4.q
Bakersfield, California, June ~7, 1981 - Page 20
ACTION ON BIDS
Upon a motion by Councilman Barton, low bid of Granite
Construction Company, in the amount of $169,171, for resurfacing
Wilson Road, between Hughes Lane and South "H" Street, and Hughes
Lane, between Wilson and Planz Roads, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Granite
Construction Company, in the amount of $64,850, for construction
of west half of Ashe Road between White Lane and District Boulevard,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Rockoff, low bid of Sequoia
Paint, in the amount of $9,060.00, for paint and undercoat for
Self-Help Paint Project, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, bids of Bone
and Son Construction (6 items) and J. L. Denio (5 items) for
Annual Contract - Earth Moving and Hauling Equipment, was accepted~
all other bids rejected and the Mayor was authorized to execute
the contract.
DEFERRED BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.38.010 of the
Municipal Code to provide for parti-
cipation on the Pension Board of the
Fire Department Relief and Pension
Fund by members of that fund.
By the adoption of the Firemen's Relief and Pension Fund
report on May 20, 1981, the Council authorized a change in Chapter
5.38 of the Municipal Code to allow members of the fund to be
eligible for election by the membership to the Board, and change
the terms for elected board members from 2 to 5 years.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5.38.010 of the.
Bakersfield, California, June 17, 1981 - Page 21
4. 9
Municipal Code to provide for participation on the Pension Board of
the Fire Department Relief and Pension Fund by members of that fund.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 7.12.140 of, and
adding Section 7.12.150 to, Chapter
7.12 of the Bakersfield Municipal
Code relative to Bingo Games.
This ordinance incorporates the recommendations of the
Auditorium-Recreation Committee to: (1) limit the total number of
Bingo Licenses to 30; and (2) provide that such Licenses shall not
be transferable.
First reading was considered given an Ordinance of the
Council of the City o£ Bakersfield amending Section 7.12.140 of,
and adding Section 7.12.150 to, Chapter 7.12 of the Bakersfield
Municipal Code relative to Bingo Games.
Adoption of Emergency Ordinance No.
2648 New Series of the Council of
the City of Bakersfield amending
Chapter 13.28 of the Municipal Code
of the City of Bakersfield by adding
Section 13.28.120 relative to Mobile-
homes in R-1 Zones.
This Emergency Ordinance is required to enable the City
to respond to SB 1960 (1980 Statutes), which enacts Government
Code Section 65852.3, effective July l, 1981, and requires that
the City not prohibit specified Mobilehomes on lots in R-1 zones.
It establishes a Building Department Permit process for such
installation of Mobilehomes, utilizing code criteria, with appeal
to Planning Commission.
Councilman Payne made a motion to adopt Emergency Ordinance
amending Chapter 13.28 of the Municipal Code of the City of Bakers-.
field by adding Section 13.28.120 relative to Mobilehomes in R-1
Zones.
Councilman Rockoff questioned the fact that the ordinance
states the Planning Commission's decision shall be final and it is
his understanding that people have the right to appeal to the City
Council on items such as this.
Bakersfield, California, June 17, 1981 - Page 22
City Attorney Oberholzer stated the ordinance could be
worded to allow appeals to the City Council. The present wording
shields the Council from appeals and if the person disagrees with
the decision of the Planning Commission it could be pursued through
the court system.
Councilman Rockoff offered a substitute motion to adopt
the Emergency Ordinance amending Chapter 13.28 of the Municipal
Code of the City of Bakersfield by adding Section 13.28.120 relative
to Mobilehomes in R-1 Zones, with the addition of giving the public
the right to appeal to the City Council. This motion failed to
carry by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Means
Noes: Councilmen Payne, Ratty, Christensen
Absent: None
City Attorney Oberholzer stated this is an Emergency
Ordinance and requires five votes of the Council to pass, therefore,
the substitute motion failed to carry.
After discussion, upon a motion by Councilman Payne,
Emergency Ordinance No. 2648 New Series of the Council of the City
of Bakersfield amending Chapter 13.28 of the Municipal Code of the
City of Bakersfield by adding Section 13.28.120 relative to Mobile--
homes in R-1 Zones, was adopted by the following roll call vote:
Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes None
Absent: None
Councilman Rockoff requested that the City Attorney draft
an amendment, to this ordinance to be placed on the Agenda for the
next Council Meeting, that will allow the public the right to appeal
to the City Council.
Adoption of Resolution No. 36-81 of
the Council of the City of Bakers-
field, California dedicating right
of way for 21st Street west of West-
wind Drive situate within the City
of Bakersfield.
Bakersfield, California, June 17, 1981 - Page 23
441
Ayes:
Noes: None
Absent: None
The dedication is for a 60 foot strip along the southerly
boundary of Beach Park and will extend 21st Street, approximately
300 feet west of Westwind Drive.
Upon a motion by Councilman Ratty, Resolution No. 36-81
of the Council of the City of Bakersfield, California, dedicating
right of way for 21st Street west of Westwind Drive situate within
the City of Bakersfield, was adopted by the following roll call vote:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Adoption of Resolution No. 37-81 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 General Plan Amendment
(Segment I of Proposed Land Use
Element Amendment 1-81), making
findings, and certifying that said
Final EIR has been completed in
compliance with CEQA, the State EIR
Guidelines, and Council Resolution
No. 60-80.
The Planning Commission reviewed the Final EIR on the
proposed General Plan Amendment and recommended, by Resolution No.
20-81, certification by the City Council.
Mr. Harry Tow, Quad Consultants, stated they were retained
by the City to prepare the EIR and answered Councilman Mean's
question regarding the impact of growth on school districts.
Councilman Means stated the City should meet with the
school districts and let them know, on an ongoing basis, long- and
short-range plans and any anticipated growth.
Councilman Means requested that a Workshop Session be
conducted where staff would make recommendations for Council
response in an attempt to provide policy directions to the staff
regarding Open Space.
After considerable discussion, upon a motion by Councilman
Payne, Resolution No. 37-81 of the Council of the City of Bakersfie4d
44:2
Bakersfield, California, June 17, 1981 - Page 24
declaring that it has reviewed, evaluated and considered the infor-
mation contained in the Final EIR for a Proposed General Plan
Amendment (Segment I of Proposed Land Use Element Amendment 1-81),
making findings, and certifying that said Final EIR has been com-
pleted in compliance with CEQA, the State EIR Guidelines, and
Council Resolution No. 60-80, was adopted by the following roll
call vote:
Ayes: Councilmen Payne, Ratty,
Christensen,
Noes: None
Absent: None
Rockoff, Strong, Barton,
Means
Authorization granted Finance Operations
Manager to write-off Uncollectible
Accounts Receivable and turn applicable
accounts over to City's collection
agency for further collection efforts.
Upon a motion by Councilman Payne, the Finance Operations
Manager was authorized to write-off Uncollectible Accounts
Receivable totaling $6,331.33 and turn those applicable accounts
over to the City's collection agency for further collection efforts.
ADJOURNMENT
There being no further busines to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:35 P.M.
MAYOR oi the '~-~
~ of t~he ity of Bakersfield, Calif.
ATTEST:
CITY Ex~fficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, June 24, 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., June 24, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation in the form of a prayer
submitted by Shirley Brem, Minister of Unity Center of Bakersfield.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Ratty, Rockoff, Barton,
Christensen, Means, Payne
Absent: Councilman Strong
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
the Convention Bureau of Greater Bakersfield, dated June 16, 1981,
requesting that the budget for the Convention Bureau be increased
from $60,000 to $75,000, beginning with Fiscal Year 1981-82, was
received and referred to the Budget Review and Finance Committee
for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Plaza Bobby Sox Softball League, dated May 29, 1981, submitting
an application for river front property just northwest of the City
Corporation Yard for development into four softball diamonds, picnic/
park area with deep pit barbecue, paved parking facilities, appropriate
landscaping, restrooms, etc., was received and referred to the
Auditorium-Recreation Committee for study and recommendation.
Councilman Barton stated the Auditorium-Recreation Com-
mittee should be aware that this request for land is in an area
that is being studied. A year or so ago the Water Board authorized
a land use study of the City's portion of the Kern River, I-5 to
Chester Avenue. Half of the study is in preliminary draft form and
the other half should be completed in approximately two weeks.
After it is completed the Water Board will make a recommendation
on land uses in that area. It would probably be beneficial for the
Committee to have that study prior to making a decision on this
request.
444
Bakersfield, California, June 24, 1981 - Page 2
Upon a motion by Councilman Ratty, communication from
S. I. Hayakawa, U. S. Senator from California, dated June 10, 1981,
regarding his support of the Administration's request and the
Senate Commerce Committee recommendation for $613,000,000 in Federal
assistance for AMTRAK, was received and ordered placed on file.
Upon a motion by Councilman Means, communication from
the State Public Utilities Commission, dated June 19, 1981,
replying to the Mayor's letter regarding Pacific Gas & Electric
Company's policy regarding refunds for customers with incorrect
lifeline allowances, was received and ordered placed on file.
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Marc Penner to the decision of the Board
of Zoning Adjustment denying his application for a Conditional Use
Permit to allow a bail bond office and to eliminate the one required
off-street parking space in a C-O-D (Commercial and Professional
Office - Architectural Design) Zone, affecting that certain
property in the City of Bakersfield commonly known as 1324 "K"
Street.
This hearing has been duly advertised and the property
owners notified as required by law.
A letter has been received from Mr. Penner's attorney,
Rex Mull, requesting that the hearing be continued until after
July 13, 1981.
Mayor Shell declared the hearing open for public partici-
pation and no one in the audience indicated a wish to speak on this
matter.
Upon a motion by Councilman Barton, public hearing before
the Council on an Appeal by Marc Penner to the decision of the
Board of Zoning Adjustment denying his application for a Conditional
Use Permit to allow a bail bond office and to eliminate the one
required off-street parking space in a C-O-D (Commercial and Pro-
fessional Office - Architectural Design) Zone, affecting that
Bakersfield, California, June 24, 1981 - Page 3
445
certain property in the City of Bakersfield commonly known as 1324
"K" Street, was continued until the Council Meeting of August 5,
1981, by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Strong
This is the time set for public hearing before the
Council on an Appeal by Frank Hinmon to the decison of the Board
of Zoning Adjustment denying his application for a Modification to
permit a six-foot high wood fence where a six-foot high masonry
wall is required adjacent to the off-street parking area in an R-3
(Limited Multiple Family Dwelling) Zone, affecting that certain
property in the City of Bakersfield commonly known as 1508 Monterey
Street.
This hearing has been duly advertised and the property
owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Frank Hinmon, the applicant, requested that the
Council grant the Modification that will allow construction of a
wood fence instead of a masonry wall and stated that residents on
both sides have indicated that they do not object to 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.
City Attorney Oberholzer stated, for the record, he has
a conflict of interest on this matter.
Upon a motion by Councilman Payne, Zoning Resolution No.
281 granting Modification to permit a six-foot high wood fence
where a six-foot high masonry wall is required adjacent to the
off-street parking area on that certain property commonly known as
446
Bakersfield, California, June 24, 1981 - Page 4
1508 Monterey Street, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Strong
This is the time set for public hearing regarding amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan concerning the following general areas:
Segment I:
TIM GANNON AND JAMES WATTENBARGER have
applied to change the Open Space and
Medium Density Residential designations
to Low Density Residential for 18.86
acres located west of Manor Street, north
of the Kern Island Canal, and east of the
South Side Canal.
Segment III:
CALIFORNIA LAND INVESTMENT CO~,~ANY has
applied to change the Low Density
Residential designation to Commercial for
0.4 acre located on the south side of
Pacheco Road, approximately 600 feet
east of South "H" Street.
Segment IV:
SAROYAN DEVELOPMENT COMPANY by CORNERSTONE
ENGINEERING, INC., has applied to change
the Low Density Residential designation to
Commercial for 8.2 acres located at the
southeast corner of Fairfax Road and
Highway 178.
Segment V:
COMMUNITY CONSTRUCTION, INC., has applied
to change the Low Density Residential
designation to Commercial on approximately
13 acres located at the southwest corner
of Old River Road and Fraser Road.
Segment VI:
MOBILETOWN DEVELOPMENT CORPORATION has
applied to change the Medium Density
Residential designation to Commercial on
1.73 acres located on the north side of
West Columbus Street, across from the
intersection of San Dimas Street.
Segment VII:
THE CITY OF BAKERSFIELD has applied to
change several land use designations to
achieve consistency with existing zoning
and use for approximately 748 acres located
in 148 areas in Northeast Bakersfield.
These amendments will not affect existing
zoning.
Segment VIII:
WELEX (a division of HALIBURTON COMPANY)
and the CITY OF BAKERSFIELD have applied
to change the Commercial designation to
Industrial on 10.4 acres located on the
north side of the triangular intersection
of South Union Avenue and South Chester
Avenue.
Bakersfield, California, June 24, 1981 - Page 5
447
Segment IX:
ROGER W. YATES (representing KERN INCOME
PROPERTIES) has applied to change the
Commerical designation to Industrial for
1.6 acres located on the west side of
Westwind Drive, midway between 19th and
21st Streets.
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission approved the Negative Declarations
on Segments III, IV (with mitigation measures), V, VI, VII, VIII
and IX, and recommended approval of Segments I, IV, V, VI, VII,
VIII and IX, provided certain conditions are met on Segments I,
V and VI, as delineated in Planning Commission Resolutions No.
22-81, 25-81 and 26-81.
The Planning Commission, after a public hearing held
April 16, 1981, approved the Negative Declaration, but recommended
denial of Segment III.
A letter was received from Francine J. S. Lane, Attorney
at Law, 51010jai Drive, dated June 18, 1981, requesting that the
Council deny Segment IV until an Environmental Impact Report is
prepared to identify solutions to increased traffic hazards at
the intersection of Highway 178 and Fairfax Road that the project
will create.
Mayor Shell declared the hearing open for public partici--
pation on Segment I.
Mr. Tim Gannon, 2414 Rio Vista Drive, the applicant,
stated he was present to answer questions of the Council pertainins:
to Segment I.
Mr. William Cooper,
Kern River Parkway Committee,
for a General Plan Amendment,
attention to an ongoing loss
River. They are not opposed
the City's policy which has allowed continued loss of open
along the Kern River.
7901Debbs Avenue, representing the
spoke in opposition to this request
primarily to bring the Council's
of urban open space along the Kern
to this particular development only to
space
448
Bakersfield, California, June 24, 1981 - Page 6
Mr. Rich O'Neil, 6600 Desmond Court, representing the
Kern River Bike Path Committee, speaking in opposition to Segment
I, stated that this development will make it necessary to relocate
the Bike Path and complicates its completion. Mr. O'Neil stated
an overall river plan is urgently needed to create a corridor or
system that this community can be proud of. The problems with
City neighborhood parks adjacent to residences is a good example
of the incompatibility of this type of development.
Mr. Bill Robertson, 351 East Roberts Lane, speaking in
opposition to Segment I, stated he feels R-1 zoning is incompatible
with the surrounding neighborhood. Mr. Robertson stated he feels
it should be larger segments used for horse oriented activities or
recreation. Mr. Robertson also stated there is a problem with the
public, or crowd control, in this area and it is getting worse every
day.
Mr. Jim Taylor stated they do not object to Mr. Gannon
using the land in a manner consistent with the public at large,
but they feel it should be studied further before any decisions
are made. Mr. Taylor also stated he felt a secure guarantee should
be made that the public will have access to the area, bike path and.
equestrian trail.
Mr. Tom Fallgatter, 609 Bob White Court, member of the
Planning Commission and speaking as a private citizen in opposition
to Segment I, stated the first thing the City can do to improve
Bakersfield is preserve what we have
resource. The City needs to develop
vation and use of the Kern River for
and the Kern River is a natural
an overall plan for the preser-
this and future generations.
Mr. Harry Love, 5805 Daggett Avenue, representing the
Sierra Club of Kern Kaweah Chapter, presented a written statement
in opposition to Segment I, because they feel the open space of the
Kern River is a commodity that is diminishing in size and should be
preserved. ~r. Love requested that the Council adopt a six month
Bakersfield, California, June 24, 1981 - Page 7
44'9
moritorium on developments within the primary and secondary flood-
plain of the river and direct the Planning Department to draft an
Open Space Element directed towards the needs of the Kern River and
present it for public comment and adoption during that period of
time.
Mr. Bill Goodloe, 3104 Melrose Avenue, member of the
Kern Audubon Society, presented a letter from the Kern Audubon
Society objecting to the proposed development plan by Tim Gannon
and James Wattenbarger and made several suggestions for the preser-
vation of this area.
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.
In answer to a question Mr. Gannon stated he feels there
is a necessity for planning throughout the whole river basin, how-
ever, living along the river, along with other uses, should also be
considered. Mr. Gannon then outlined their plans for this area and
how it will be maintained.
Upon a motion by Councilman Means, the staff was directed
to agressively pursue completion of an Open Space Policy regarding
the river, how it ties in with the Water Board's and Kern COG's
recommendations, and assist the Council in preparing that policy
statement as soon as possible, hopefully by September l, 1981.
Director of Fire & Development Services Needham stated
that Kern COG is not pursuing this study at the present time,
therefore, they will not be involved. Staff may not be able to
finish the study by September 1st, however, if more time is needed
a request will be made for an extension.
Upon a motion by Councilman Means, Resolution No. 38-81
of the Council of the City of Bakersfield making findings and
approving Segment I of Proposed Amendment to the Land Use Element
Bakersfield, California, June 24, 1981 - Page 8
of the Bakersfield Metropolitan Area General Plan (Land Use Amend-
ment 1-81), was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne
Noes: Councilman Christensen
Absent: Councilman Strong
Councilman Christensen, in clarifying his negative vote,
stated a man asked him today if he thought a person ought to have
a right to develop his own property, etc., and use as he sees fit.
He stated he told the man that that is not necessarily true, and he
has bad news for him. There is a man like Mr. Chamblin, Pioneer
Mercantile, who is a taxpayer and has been located at the same place
of business for years and years and they are taking his property
away from him. Councilman Christensen stated he would like to see
the City buy the property in question.
Mayor Shell declared a brief recess at 9:30 P.M. and
reconvened the meeting at 9:40 P.M.
Mayor Shell declared the hearing open for public partici-
pation on Segment III.
Mr. Carl Moreland, applicant, speaking in favor of Segment
III, requested that the Council grant this request for commercial
use of the property.
Mr. Frank Slaghuis, Covington Technologies, requested that
the Council grant the request for commercial use of property known
as Segment III on this General Plan Amendment hearing.
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 III.
Upon a motion by Councilman Barton, Resolution No. 39-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment III of Proposed Amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
'45 l
Bakersfield, California, June 24, 1981 - Page 9
General Plan
roll call vote:
Ayes: Councilmen Ratty, Rockoff,
Noes: None
Absent: Councilmen Strong, Christensen
Mayor Shell declared the hearing open
pation on Segment IV.
Mr. Michael Callagy,
the reasons they feel Segment
(Land Use Amendment 1-81), was adopted by the following
Barton, Means, Payne
for public partici-
Cornerstone Engineering, outlined
IV is ideally suited to commercial
expressing his opposition to commercial use of the property known as
Segment IV. Mr. Bunker stated he objects to this commercial develop-
ment because there are many commercial establishments within a short
distance of this location, there are a number of other areas presently
zoned for commercial use that are not yet developed, the volume and
fast traffic on this street and there are three schools located in
the immediate area. The preferable area for any commercial develop-
ment that is to occur in this general area is at the intersection
of Auburn Street and Fairfax Road.
Ms. Stephanie McCormick, member of the City Planning
Commission, expressed her opposition to Segment IV of the General
Plan Amendments. The area south of Highway 178 and north of College
Avenue has been planned strictly for residential and the shopping
center would bring in additional traffic along with noise and reduced
air quality. This is more of a community shopping center rather
requested that the Council
Amendment on Segment IV.
Mr. Bruce Bunker,
6509 Ridgeway Court, submitted a letter
grant the request for a General Plan
use. Mr. Callagy stated, in answer to Ms. Lane's suggestion in
her letter that a traffic signal be placed at the intersection of
Fairfax Road and Highway 178, that until traffic volume increases
a signal will not be placed there.
Mr. A1 Saroyan, Developer and Architect, outlined the
plans they have for the development of this parcel of 2and and
45?,
Bakersfield, California, June 24, 1981 - Page 10
than a neighborhood shopping center. The Planning Commission has
not been shown there is a need for additional commercial acreage
in this area. Ms. McCormick stated she agrees with Mrs. Lane and
Mr. Bunker, if this General Plan Amendment is approved, a focused
EIR is needed to address the traffic, noise problems, air pollutio~
problems, lighting and glare problems and growth inducing effects
of this project.
Mr. Tom Fallgatter, member of the City Planning Commission,
expressed his opposition to Segment IV, spoke about the need for
long-range planning in this area, and requested that the Council
deny this request until a rational justification is given for the
change.
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
IV.
Councilman Rockoff expressed his opposition to Segment
IV.
Upon a motion by Councilman Rockoff, Resolution No.
40-81 of the Council of the City of Bakersfield making findings,
adopting Negative Declaration and denying Segment IV of Proposed
Amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan (Land Use Element 1-81), was adopted by the
following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne
Noes: None
Absent: Councilmen Strong, Christensen
Mayor Shell declared the hearing open for public partici-
pation on Segment V. 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 V.
Bakers£ield, California, June 24, 1981 - Page ll
Councilman Ratty expressed his concern about the applicant
not being present to answer some questions as to why this zoning is
being requested at this particular time.
Upon a motion by Councilman Ratty, Resolution No. 41-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and denying Segment V of Proposed Amendment to
the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 1-81), was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
pation
Councilmen Ratty, Rockoff, Barton, Means, Payne
None
Councilmen Strong, Christensen
Mayor Shell declared the hearing open for public partici--
on Segment VI. 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
VI.
Upon a motion by Councilman Rockoff, Resolution No. 42-8]_
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment VI of Proposed Amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 1-81), failed to carry by the following
roll call vote:
Ayes: Councilmen Rockoff, Barton, Payne
Noes: Councilman Ratty
Absent: Councilment Strong, Christensen, Means
City Attorney Oberholzer stated the resolution failed
because it requires four votes to adopt. In answer to a question
by Councilman Means, City Attorney Oberholzer stated the Council
can proceed to reconsider the resolution after a vote of the Council.
4. 4
Bakersfield, California, June 24, 1981 - Page 12
tion.
Ayes:
Noes:
Absent:
Councilman Means made a motion to reconsider the resolu-
This motion carried by the following roll call vote:
Councilmen Rockoff, Barton, Means, Payne
Councilman Ratty
Councilmen Strong, Christensen
Upon a motion by Councilman Rockoff,
Resolution No. 42-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment VI of Proposed Amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 1-81), was adopted by the following roll
call vote:
Ayes: Councilmen Rockoff, Barton, Means, Payne
Noes: Councilman Ratty
Absent: Councilmen Strong, Christensen
Mayor Shell declared the hearing open for public partici-
pation on Segment VII. 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
VII.
Upon a motion by Councilman Payne, Resolution No. 43-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment VII of Proposed Amendmenl;
to the Land Use Element of the Bakersfield Metropolitan Area Genera3L
Plan (Land Use Amendment 1-81), was adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne
Noes: None
Absent: Councilmen Strong, Christensen
Mayor Shell declared the hearing open for public partici-
pation on Segment VIII.
Mr. John Antonino, Valley Steel and Construction and
representing Welex Corporation, requested that the Council approve
this application for industrial use of the property known as Segment
VIII.
Bakersfield, California, June 24, 1981 - Page 13
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 VIII.
Upon a motion by Councilman Barton, Resolution No. 44-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment VIII of Proposed Amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan (Land Use Amendment l-S1), was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne
Noes: None
Absent: Councilmen Strong, Christensen
Mayor Shell declared the hearing open for public partici-
pation on Segment IX.
Mr. Roger Yates, applicant, requested that the Council
grant this request for industrial use of the property known as
Segment IX.
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 IX.
Upon a motion by Councilman Ratty, Resolution No. 45-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment IX of Proposed Amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 1-81), was adopted by the following roll
call
Ayes:
Noes:
Absent:
Council, upon a motion by Councilman Means,
vote:
Councilmen Ratty, Rockoff, Barton, Means, Payne
None
Councilmen Strong, Christensen
RECESS
There being no further business to come before the
the meeting was
4.56
Bakersfield, California, June 24, 1981 - Page
recessed at 11:05 P.M., until Wednesday, July 1, 1981, at 6:30 P.M.,
in order to meet in Executive Session with Nicholas Counter re-
garding Labor Negotiations.
MAYOR of the o/~f ~aker fi .1'~~--~
~ s 'e d, Calif.
ATTEST:
CITY Ex~Officio Clerk of the Council
of the City of Bakersfield, California
ma