HomeMy WebLinkAboutJAN - MAR 198034
Bakersfield, California, January 9, 1980
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., January 9, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge o£ Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Ratty, Strong, Barton,
Absent: None
Christensen, Means, Miller, Payne
Minutes of the regular meeting of December 19, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. George Valos, General Chairman of the Buck Owens'
Rodeo and Frontier Days Celebration, requested that the Mayor
proclaim the week of March 24-30, 1980, as official Buck Owens'
Rodeo and Frontier Days Celebration Week. Mr. Valos stated that
all appropriations will go towards fighting cancer, outlined the
activities planned for the week of the celebration and introduced
Parade Chairman Pete Jones, Buck Owens' Administrative Assistant
Trish Sanderson and 1977 Rodeo Queen Lisa McCan.
Mayor Hart stated he would be delighted to proclaim March
24-30, 1980, as Buck Owens' Rodeo and Frontier Days Celebration
Week.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Garone Cattle Company to the Department of Public Works, dated
December 7, 1979, requesting an extension of their Sewer Farm
Lease, was received and referred to the Water and City Growth
Committee.
Upon a motion by Councilman Barton, communication £rom
Highland Tow Service, 504 Butte Street, dated December 12, 1979,
requesting a status report on their request for a rate increase,
was received, ordered placed on file and forwarded to the Business
Bakersfield, California, January 9, 1980 - Page 2
35
Development and Parking Committee. (This matter was referred to
the Business Development and Parking Committee for study and recom-
mendation at the Council Meeting of November 14, 1979).
Upon a motion by Councilman Barton, communication from
George Deukmejian, State Attorney General, dated December 17, 1979,
and Alister McAlister, State Assemblyman of the 25th District,
dated December 31, 1979, regarding the "California Crime Watch,"
the Attorney General's plan to restore public safety in the 80's,
and a copy of a proposed resolution, was received, ordered placed
on file and referred to staff to augment the information with the
City of Bakersfield's Neighborhood Watch Program.
Mayor Hart stated he would prepare a resolution to pre-
sent to the Council augmenting the information for the State
Attorney General's "California Crime Watch Program" with the City
of Bakersfi~ld's Neighborhood Watch Program.
Upon a motion by Councilman Means, communication from
Kern Refuse Disposal, Inc., dated December 20, 1979, requesting a
15% rate increase, effective July l, 1980, was received and
referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Strong, communication from
Reeder Corporations, 1830 Brundage Lane, dated December 26, 1979,
inquiring if the City of Bakersfield would work with Reeder
Corporation in the selection, construction and operation of
housing which would help the City meet some of its relocation
obligations, was received and referred to the Redevelopment Agency
with appropriate notification to the Council on any responses made
by the Redevelopment Agency.
Upon a motion by Councilman Christensen, communication
from Mossman's Kitchen, 1810 "R" Street, dated December 28, 1979,
requesting that the Council establish a definite policy regarding
removable bleachers, was received and referred to the Auditorium-
Recreation Committee.
Bakersfield,
California,
January 9, 1980 - Page 3
Councilman Miller stated Mr. Mossman's letter mentions
a specific date regarding the Outlook Conference to be held on
January 16, 1980, which would be prior to the next Council Meeting.
Auditorium-Recreation Manager Graviss stated Mr. Jim
Radoumis, Coordinator with the Board of Trade, has indicated only
80 more people will attend and they can be seated on the stage
area without removing the seat risers.
Upon a motion by Councilman Means, communication from
Joseph L. Coley, Publisher of the Bakersfield News Observer, 1032
California Avenue, regarding Greater Bakersfield Community Develop-
ment Corporation, was received and will be considered during a
report on this subject later in the Council Meeting.
COUNCIL STATEMENTS
Upon a motion by Councilman Barton, the staff was
requested to place the proposed ordinance prohibiting the sale
and display of narcotic and drug paraphernalia to minors on the
agenda for first reading at the Council Meeting of January 16,
1980.
Upon a motion by Councilman Ratty, communication from
Mr. Dale White, 670 Eddy Street, San Francisco, California, dated
January 3, 1980, proposing that an election be held to annex the
unincorporated islands, that are surrounded by the incorporated
area, into the City, was received, ordered placed on file and
referred to staff for study and recommendation back to the Council
at the meeting of January 16, 1980.
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 10-79 regarding Agreement with
Greater Bakersfield Community Development Corporation (CDC), as
follows:
In February of this year, a number of local
community organizations held an economic
development workshop. Out of that meeting
came the decision to set up a non-profit
Bakersfield,
California,
January 9, 1980 - Page 4
corporation, with community-wide representation
on the Board of Directors, to carry out planning
and other activities in the lower income areas
of the City, primarily those served by the
Community Development Block Grant (CDBG) pro-
gram. As a result, the Greater Bakersfield
Community Development Corporation (CDC) was
incorporated and a funding proposal submitted
to the City in July.
As proposed, the CDC will formulate an economic
development program for the Block Grant target
areas under a six-month contract, not to exceed
$49,538. Community Development staff will
administer the contract and also will serve on
the Technical Assistance Committee to provide
advice and information to the CDC during this
period. The work product to be presented at
the end of the contract will include a profile
of the target area and its economy, existing
development programs and new opportunities for
target area development. It is anticipated
that this effort will result in a series of
economic development activities which can be
incorporated into the 1980-81 CDBG application.
Two objectives are to be achieved through this
agreement with the Greater Bakersfield CDC.
One is to establish an organizational structure
which will allow greater and more effective
citizen participation in the planning for
development of their community. In that
respect, the 1980-81CDBG application should
closely reflect the needs of the target area
as perceived by the residents. Second, the
contract will provide seed money to provide
the CDC with the time and track record to
secure its own financial resources to continue
operation after the initial six-month period.
By tapping other public and private sources,
the CDC can establish itself as a long-term
structure to serve the target area community.
THEREFORE, IT IS RECOMMENDED THAT the City
Council accept this report, approve the agree-
ment with the Greater Bakersfield Community
Development Corporation and instruct the City
Community Development staff to administer the
contract.
Councilman Means made a motion that Budget Review and
Finance Committee Report No. 10-79 regarding Agreement with
Greater Bakersfield Community Development Corporation (CDC), be
accepted; and Agreement with the Greater Bakersfield Community
Development Corporation, be approved and the Mayor authorized to
execute same and the Community Development staff authorized to
administer the agreement.
Bakersfield, California, January 9, 1980 - Page 5
The following communication from Joseph L. Coley, Pub-
lisher of the Bakersfield News Observer, 1032 California Avenue,
was read into the record:
Mr. Mayor & Gentlemen of the City Council:
In the last two weeks my staff and I have
talked to a minimum of twenty people in each
of the 7 tracts listed as the target area and
none of the hundred or more people we talked
to knew anything about Greater Bakersfield
Community Development Corporation, Inc. GBCDC
is the same group who now has a suit against
the City of Bakersfield because they were not
involved in the planning of O.E.D.P.
As publisher of the Black Newspaper that
reaches 10,000 homes weekly, I would like to
know who and how many community people were
involved in setting up G.B.C.D.C.
Joseph L. Coley
Publisher
Director of Fire & Development Services Needham stated,
in answer to a question by Councilman Barton, there are currently
two people on the Board of Directors of the Community Development
Corporation, Rosalio Banales and Connie Nieto, and they are in
the process of selecting other people through community input.
Originally the formation of the CDC was brought forth by the
Greater Bakersfield Legal Assistance representatives Mr. Carey
Scott, Mr. Harlen Hunter and M. Tangulizi Sanyika. They met with
staff on a number of occasions, people in the area and formed the
3 member Board of Directors, of which one position is vacant.
Community Development & Housing Coordinator Gilchrist
stated the action the letter is referring to was a letter of
protest the organization filed with the Economic Development
Administration regarding the County and the makeup of the Overall
Economic Development Plan. Subsequently discussions have occurred
and that matter has been cleared up.
Councilman Ratty stated he has problems with this be-
cause as he understands another group is being formed for community
broad-based support in the target area and was not involved with
Bakersfield, California, January 9, 1980 - Page 6
39
the formation of CDC. He does not understand who the CDC will be
responsible to, how the Board is selected and who will guarantee
it. Councilman Ratty outlined several additional items he does
not understand about the CDC and stated he cannot support it.
Councilman Means' motion that Budget Review and Finance
Committee Report No. 10-79 regarding Agreement with Greater Bakers-
field Community Development Corporation (CDC), was accepted; and
Agreement with the Greater Bakers£ield Community Development
Corporation, was approved, the Mayor was authorized to execute
same and the Community Development staff was authorized to administer
the agreement, by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne
Noes: Councilman Ratty
Absent: None
Councilman Ratty, in clarifying his negative vote, stated
he read the materials and discussed it with staff and still has
problems with it.
Councilman Means, in clarifying his favorable vote, stated
that the problem is that the Council, for a long time, has had a
lot of control over providing money for the low-income community
and they persisted in doing that because they wanted to maintain
a tight control over everything they did. This is £inally an
opportunity wherethe citizens can have input, especially those
people who are suppose to receive that money. Once they have
input then the Council starts feeling like they are losing some
of their power, but that is the advantage of this proposal.
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, read Report No. 1-80 regarding Amendment to
City Contract with S.P.C.A., as follows:
Attached to this report is an analysis of in-
come and expenditures in regard to a contract
between the City and the S.P.C.A. for the first
eleven months of an eighteen month agreement.
4O
Bakersfield, California, January 9, 1980 - Page 7
Also attached is a proposal by the S.P.C.A. to
the City for an amendment to this contract
which concludes on June 30th o£ this year.
As the Council knows, the local S.P.C.A. is
presently in serious financial condition. A
recent audit of their books by the City staff
indicates nothing illegal has transpired, how-
ever, their management during the past year
certainly left a lot to be desired.
The staf£ has met on several occasions with
the S.P.C.A.'s Board of Directors and the
County of Kern in an attempt to resolve this
dilemma. It appears at this time that the
City has three alternatives to follow: (1)
the City Police Department once again would
take over the animal control responsibility;
(2) contract with the County for animal control;
and (3) renegotiate the present contract with
the S.P.C.A.
After careful consideration, the Intergovern-
mental Relations Committee is in favor of the
third alternative. The first choice has, in
the past, proven to be a burden on the Police
Department in that their emergency phone lines
were tied up with animal complaint calls. The
second alternative is expensive and would
require the old pound site to remain open.
This Committee is therefore recommending
Council approval of the attached amendment to
the City's contract with the S.P.C.A. and
authorize payment of necessary monies out of
the Council's Contingency Fund. This amend-
ment would, in effect, increase the City's
cost by $27,500 for the next six months, and
also defer monthly payments for the trucks,
which we turned over to the S.P.C.A., until
July l, 1980. We are further recommending
that the City staff evaluate and audit the
S.P.C.A. monthly for the remainder of this
contract.
This Committee will take a close look at the
overall operations during the next six months
and come back to the City Council with a recom-
mendation as to whether or not the City should
enter into another contract with the S.P.C.A.
Mr. Walter F. Miller~ Certified Public Accountant doing
volunteer service for the S.P.C.A., stated this organization can
make a substantial contribution to the community, but it is in
dire financial straits. He stated he spent a good deal o~ effort
determining what had gone wrong and what would be needed to com-
plete the contract on a very minimal basis. The last six months
of the contract the S.P.C.A. can demonstrate it is capable of
Bakersfield, California, January 9, 1980 - Page 8
performing the job that was set out
mendations in the budget are modest,
it can work well.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 1-80 regarding Amendment to City
Contract with S.P.C.A., was accepted; amended contract with the
S.P.C.A., was approved and the Mayor was authorized to execute
same; authorization was granted for payment of necessary money
from the Council's Contingency Fund; and the City staff was
authorized to evaluate and audit the S.P.C.A. monthly for the
remainder of the contract, by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Upon a motion by Councilman Miller, the Budget Review
and Finance Committee was instructed to review the low balance of
the Council Contingency Fund at their next meeting.
Director of Public Works Hawley reported that the City
received a request for an amendment to the Land Use Element of the
General Plan for property located on the south side of the Kern
River between Chester Avenue and Manor Street. The City has always
planned on this area being retained for open space. Both the 1961
General Plan and the 1973 Open Space Element of the General Plan
show this property as open space. The property is in the flood
plain and is presently zoned Flood Plain Primary and Flood Plain
Secondary. During the budget sessions of 1978-79 the Council
requested that the City relocate Weill Park to another site north
of its present location, possibly along the river bed. It is being
requested that the Council authorize the staff to obtain appraisals
for the property along the south side of the river. Funds for the
appraisal are available in the Public Works Professional and
Consulting Account.
initially to do. The recom-
but with everyones cooperation
Bakersfield, California, January 9, 1980 - Page 9
Councilman Barton
thought out more thoroughly
cause it can be rechanneled.
stated he would like this matter
in respect to the river itself be-
If the City is going to purchase
something without controls on it that property could be worth-
less and he has some reservations about that.
Director of Public Works Hawley suggested that the
Council authorize the staff to consider the entire river bed,
as well as the property along the south side of the river. It
would not cost much more to do that.
Councilman Barton made a motion that the whole channel
and flood plain in that area be considered, so that if the City
is put into a position where the area should be purchased or a
park relocated it does not buy just half, but the whole area and
have control over it.
Councilman Christensen asked if there were any State
laws forbidding the building of family homes, trailer parks, etc.,
on river beds. Would the City be liable if they granted a zone
change and a flood occurred?
City Manager Bergen stated it is his opinion that the
City could not issue a permit for any construction in the Primary
Flood Plain Zone, but construction in the Secondary Flood Plain
Zone would depend on zoning approved by the City Council.
Upon a motion by Councilman Barton the previous motion
was tabled until the Council Meeting of January 16, 1980.
Director of Fire & Development Services Needham suggested
several dates for the Workshop Session between the Council and
Planning Commission and the Council indicated they would prefer
Tuesday, January 29, 1980, at 7:00 P.M.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3147 to 3517,
inclusive, in the amount of $512,091.75.
Bakersfield, California, January 9, 1980 - Page l0
43
(b)
(c)
(d)
(e)
(f)
g)
(h)
(i)
(J)
Claim for Damages from Farmers Insurance
Group on behalf of Gloria Mendoza, 6401
Bronson Lane, Bakersfield. (Refer to
City Attorney)
Street Dedication from Regional Mortgage
Company for a portion of Sylvia Drive,
Planz Road and Alleys, as required for
Parcel Map No. 5055, located north of
Planz Road and west of South Chester
Avenue.
Sewer Easement from T. M. Coss, Sally
Coss and Jack Williams for sewer lines
to serve the Wild West Shopping Center,
located south of Stockdale Highway and
west of Real Road.
Grant of Easement from the City of Bakers-
field to P. G. & E. for construction of
underground facilities in the Pacheco
Greenbelt, south of Siam Court.
Water Line Easement from Tenneco Realty
Development Corporation for additional
water pipeline easement along Mohawk
Street, Business Park North and East
Commercenter, as required by the City
Domestic Water Department.
Improvement Agreement for Parcel Map No.
5055 with Regional Mortgage Company for
construction of improvements required by
the Planning Commission, located north
of Planz Road on the west side of South
Chester Avenue.
Application for Encroachment Permit from
B. L. Dickinson, 3904 Panorama Drive,
for construction of a 5 foot high fence/
retaining wall along back of sidewalk
at the southwest corner of Panorama Drive
and Fairfax Road.
Application for Encroachment Permit from
Robert B. Tobias, Jr., 2609 Bank Street,
for construction of a brick and wrought
iron fence along back of sidewalk at 2609
Bank Street.
Contract Change Order No. 1 to Contract
No. 79-120 with Granite Construction
Company for construction of Street and
Drainage Improvements within the Homaker
Area. This Change Order provides for
additional curbs, gutters and paving on
Espee Street and Jewett Avenue to com-
plete drainage plan for the area. Re-
construction of existing curb, gutter,
sidewalk and pavement at various locations
was necessary due to grades of existing
improvements not matching with the new
curbs and gutters. This will increase
contract amount from $204,103.00 to
$233,727.76.
44
Bakersfield, California, January 9, 1980 - Page ll
(k)
Agreement with the County of Kern to
share the cost of installing traffic
signals at Stockdale Highway and E1 Rio
Drive. The agreement provides for the
County to pay 25% of the construction
and engineering cost.
(i)
Request from R. L. Barnett Co., Realtor,
for amendment to the General Plan from
medium-density to an office designation
for property located on the west side of
Oswell Street between Bernard Street and
Pico Street. (Refer to Planning Com-
mission for study and recommendation)
(m)
Resolution No. 1-80 of the Council of the
City of Bakersfield initiating proceedings
for annexation of territory to the City of
Bakersfield identified as Proceeding No.
708, Annexation No. 280 (Fairview No. 1),
in accordance with LAFCO Resolution making
determination. This resolution sets the
date of hearing for Wednesday, February
13, 1980.
Upon a motion by Councilman Miller, 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 Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Upon a motion by Councilman Strong the Governmental
Efficiency and Personnel Committee was authorized to consider the
matter of management salaries and come back to the Council with
a recommendation.
ACTION ON BIDS
Upon a motion by Councilman Strong, bid of Valley Tree
and Construction for demolition and removal of structures at
various locations, was accepted.
Upon a motion by Councilman Payne, low bid of Clow
Corporation for Fire Hydrants and Burys, was accepted and all
other bids rejected.
Upon a motion by Councilman Barton, usual bidding
requirements were dispensed with, in accordance with Section
Bakersfield, California, January 9, 1980 - Page 12
5.20.060 of the Municipal Code, and the Finance Operations Manager
was authorized to negotiate for the replacement of six irrigation
headgate valves for the Kern River Canal and Irrigating Company.
Upon a motion by Councilman Payne, low bid of American
Fence Company for construction of a 6 foot chain link fence
adjacent to Adanac Court, was accepted, the other bid rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of James G.
Francis, Contractor, for construction of asphalt concrete pavement
on Stine Road between White Lane and 600 feet north, portions
between Panama Lane and Harris Road, and Adanac Court adjacent to
County Corporation Yard, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Jim Alfter
for Modification Plans for Truxtun Avenue Parking Lot and 20th
Street Parking Lot, was accepted, the other bid rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of McKesson
Chemical Company for Weed Killer for the Water Department, was
accepted and all other bids rejected.
Upon a motion by Councilman Christensen, low bids of
Graybar Electric for replacement kits ballasts and Consolidated
Electric for globes for parks, were accepted and all other bids
rejected.
Upon a motion by Councilman Christensen, low bid of
Econolite Control Products for installation of Traffic Signal
Controller and Cabinet Assemblies for Niles Street at Haley Street
and California Avenue at Oak Street and Stockdale Highway, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
46
Bakersfield, California, January 9, 1980 - Page 13
DEFERRED BUSINESS
Adoption of Ordinance No. 2543 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 north side of Planz Road, approxi-
mately 600 feet west of South Chester
Avenue.
The application for this amendment was initiated by the
Planning Commission and would change subject property from a C-2-D
(Commercial - Architectural Design) Zone to an R-2-D (Limited
Multiple Family Dwelling - Architectural Design) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2543 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 north side of Planz Road, approximately 600 feet west of
South Chester Avenue, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Ratty,
Miller,
Noes: None
Absent: None
Strong, Barton, Christensen, Means,
Payne
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending the Municipal Code by amend-
ing Section 11.04.766 (Speed Limit on
Stockdale Highway).
Pursuant to Section 22358 of the California Vehicle Code~
the Traffic Authority recommends the Speed Limit on Stockdale
Highway, between the City Limit east of E1 Rio Drive and Via Riata
Street, be changed from 55 MPH to 50 MPH.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Municipal Code by
amending Section 11.04.766 (Speed Limit on Stockdale Highway).
Bakersfield, California, January 9, 1980 - Page 14
Approval of Program Supplement No.
9 to Local Agency-State Master Agree-
ment for FAU Project M-F 252 (1)
Truxtun Avenue Extension.
This agreement provides the terms and conditions for
City administration of the contract for the Truxtun Avenue Extension
Project and for funding of the project with Federal Aid Urban Funds.
Estimated cost of the project, including Construction Engineering,
is $3,850,000. The agreement authorizes the use of $2,833,799 in
FAU Funds, $500,000 in Grade Separation Funds and $516,221 in Local[
Gas Tax Funds.
Upon a motion by Councilman Ratty, Program Supplement No.
9 to Local Agency-State Master Agreement for FAU Project M-F 252
(1), Truxtun Avenue Extension, was approved and the Mayor was
authorized to execute same.
In response to a request by Councilman Ratty, Director
of Public Works Hawley, with the aid of a map, pointed out several
intersections on E1 Rio Drive where stop signs will be constructed.
Approval of Agreement between the
City of Bakersfield and Richard T.
Chambers, Inc., for Construction
Inspection Services for the Truxtun
Avenue Extension Project.
Councilman Ratty made a motion that the Agreement between
the City of Bakersfield and Richard T. Chambers, Inc., £or
Construction Inspection Services for the Truxtun Avenue Extension
Project, be approved and the Mayor authorized to execute same.
Councilman Strong stated that the agreement should con-
tain a provision that if something catastrophic or unforeseen takes
place that causes a delay on the project that the City would not be
committed to pay the $28.00 per hour.
Director of Public Works Hawley stated the Agreement requires
Inspectors to submit daily time reports for approval by the City
and he would make sure this item is clarified in the agreement.
Councilman Ratty's motion that the Agreement between the
City of Bakersfield and Richard T. Chambers, Inc., for Construction
Bakersfield, California, January 9, 1980 - Page 15
Inspection Services for the Truxtun Avenue Extension Project, be
approved and the Mayor authorized to execute same, was unanimously
approved.
Approval of Agreement between the
City of Bakersfield and State Depart-
ment of Transportation for Construction
Engineering Services for the Truxtun
Avenue Extension Project.
Upon a motion by Councilman Ratty, Agreement between the
City of Bakersfield and State Department of Transportation for
Construction Engineering Services for the Truxtun Avenue Extension
Project, was approved and the Mayor was authorized to execute same.
Councilman Ratty commented on the inaccuracy of an
article that appeared in the Bakersfield Californian last week
about the odors from the Southeast Sewer
regarding a complaint
Farm.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:35 P.M.
Calif.
ATTEST:
C ~/6rLERK and E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, January 16, 1980
49
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., January 16, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present:
Mayor Hart. Councilmen Strong, Barton, Christensen,
Means, Miller, Payne, Ratty
Absent: None
Minutes of the regular meeting of January 9, 1980 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Frank Waterhouse, Environmental Planner for Caltrans,
introduced Mr. Erwin Rosa, Deputy District Director of Planning
for Caltrans, who presented information to the Council regarding
recent legislation to attenuate noise along freeways and highways
in California. Funds in the amount of $176,000 have been appro-
priated in their 1980-81 program for building a sound wall on
Freeway 99 between White Lane and Planz Road. Caltrans will have
a demonstration and hold a public hearing for residents of that
area and report back to the Council on their findings.
Councilman Miller requested Mr. Rosa to meet with him
to discuss the illumination of the intersection of Fairfax Road
and Highway 178.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
Warner Cable of Kern County, dated January 9, 1980, requesting an
additional five year extension of Lease Agreement No. 57-68, which
provides an antenna site at the Municipal Farm, was received and
referred to staff for study and recommendation.
Upon a motion by Councilman Barton, communication from
Bakersfield Cable TV, Inc., dated January 15, 1980, requesting
consent to merge Cox Broadcasting Corporation with General Electric,
5O
Bakersfield, California, January 16, 1980 - Page 2
was received and referred to the City Attorney and Business Develop-
ment and Parking Committee for study and recommendation.
Upon a motion by Councilman Ratty, communication from
Butler, Chambers & Hughes, Civil Engineering, Surveying and Land
Planning, 254 "H" Street, dated January 15, 1980, requesting
annexation of property located on the south side of Louise Avenue
between the Kern Island Canal and Rodney Street, was received and
referred to the Planning Commission for study and recommendation.
COUNCIL STATEMENTS
Councilman Christensen read a statement from the League
of California Cities Legislative Bulletin, dated January 11, 1980,
regarding SB 4 - Beverage Container Deposit, as follows:
Beverage Container Deposit. SB 4 (Rains).
Senator Rains' well-known legislation, which
would establish a mandatory deposit on all
beverage containers, will be taken up on the
Senate floor around January 24. While public
opinion polls throughout the state show that
80 to 95% of the public fully supports a
mandatory container bill and would willingly
comply with such legislation, strong lobbying
efforts on behalf of the bottling industry has
made it very difficult to secure passage of the
measure. Studies in other states with mandatory
deposit legislation, such as Oregon and Michigan,
show that local agencies will save millions of
dollars through the passage of measures such
as SB 4. These savings include reduced costs
of litter cleanup in city parks, reduced solid
waste accumulation and other related litter
cleanup savings.
Upon a motion by Councilman Christensen, the Mayor was
requested to send a letter to State Senator Walter W. Stiern
expressing the Council's support of SB 4 - Beverage Container
Deposit. Councilman Strong voted in the negative on this motion
and Councilman Miller abstained from voting.
REPORTS
Councilman Means, Chairman of the Energy Committee, read
Report No. 1-80 regarding Review of Workplan to be Submitted to
State Energy Committee for Feasibility Study of Municipal Solar
Utility, as follows:
Bakersfield,
California, January 16, 1980 - Page 3
The attached Workplan is the first product
required by our participation in the Joint
Powers Authority established to study the
possible scope and feasibility of a Municipal
Solar Utility. Its purpose is to delineate
in detail the various steps and activities
Bakersfield will take to complete its compre-
hensive study of the issues.
The Workplan represents the numerous steps we
feel are necessary to objectively discuss, and
detail the pros and cons of the issue as well
as including those issues or concerns identified
by the Energy Committee and the City Council
at its November 28, 1979 meeting when this
Joint Powers Agreement was approved.
This Workplan will be formally submitted to
the State and members of the Joint Powers
Authority on January 31, 1980. At that meeting,
all members of the Authority will submit their
respective workplans for review and the selection
process for consultants will be resolved.
RECOMMENDATION: Although no action is required
by Council on this matter, it is recommended
that the members of Council become familiar
with the process and activities of this effort.
Energy conservation is a vital issue to our
city and many difficult and complicated
decision must be made in the near future.
Upon a motion by Councilman Means, Energy Committee
Report No. 1-80 regarding Review of Workplan to be Submitted to
State Energy Committee for Feasibility Study of Municipal Solar
Utility, was accepted.
Councilman Means, Chairman of the Energy Committee, read
Report No. 2-80 regarding Application for Grant to Kern County
Council of Governments for Funds to Make a Comprehensive Study of
Energy/Energy Conservation Issues, as follows:
The Kern COG has indicated the availability
of funds in the amount of $30,000 for the
study of energy related issues. Staff has
discussed the on-going efforts of Bakersfield
in the areas of energy conservation with the
Kern COG staff, and as a result of these
discussions are proposing the submittal of the
attached proposal.
The proposal indentifies key areas of need and
couples these with our on-going studies of
energy conservation. We are proposing to con-
duct a comprehensive study of the issues in
the hopes that other agencies within our region
may utilize the reports and recommended actions
that are produced by our efforts.
52
Bakersfield, California, January 16, 1980 - Page 4
The proposed $30,000 grant will require $6,000
matching funds by the City. The City's share
will come from the funds allocated to it by
the State through the Joint Powers Agreement
approved on November 28, 1979 £or the study
of a Municipal Solar Utility and related issues.
Therefore, no General Fund dollars will be
utilized for this effort.
THEREFORE, IT IS RECOMMENDED THAT 1) The sub-
mittal of the proposal to Kern COG be approved;
and 2) Approval be granted to staff to allow
the negotiation of the subsequent grant and
contract to be returned to Council for approval.
Upon a motion by Councilman Means, Energy Committee
Report No. 2-80 regarding Application for Grant to Kern County
Council of Governments for Funds to Make a Comprehensive Study of
Energy/Energy Conservation Issues, was accepted.
Councilman Payne reported that the Bakersfield Police
Department's Inservice Training Analysis study was completed by
Management Assessment Center on December 29, 1979, and copies
have been given to all Council members. It was taken back to the
Governmental Efficiency and Personnel Committee for review and
discussion prior to tonight's meeting. The Governmental Efficiency
and Personnel Committee is satisfied with the training portion of
the report. The report definitely indicates a training program is
needed. Budgeted funds should be released to provide a training
program in areas accepted by everyone involved.
Upon a motion by Councilman Payne, the remaining budget
funds, as authorized for the Bakersfield Police Department's In-
service Training Program, was allocated to be utilized in line
with the Police Department's express program objectives.
Director of Fire & Development Services Needham reported
that it was requested at last week's meeting that the staff look
into a request by a letter from Dale White to annex islands and
areas immediately adjacent to the incorporated areas of the City
of Bakersfield in one annexation. After talking to LAFCO repre-
sentatives and several other people it has been discovered there
are certain areas that should be investigated further. It is
Bakers£ield, California, January 16, 1980 - Page 5
basically the opinion of staff that Mr. White's intentions are
very good, but not practical at this point in time. Staff recom-
mends that it not be pursued at this time.
Director of Fire & Development Services Needham reported
that the Planning Commission has requested that the Council hold
the Workshop Session, tentatively scheduled for Tuesday, January
29, 1980 at 7:00 P.M., in a place where there is a round table
or one that is more conducive to general discussion than the
Council Chambers.
Councilman Barton stated he £elt that was a good idea,
but wanted to be sure the location is settled soon enough to
notify the public.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3518 to 3655,
inclusive, in the amount of $706,998.64.
(b)
Claim for Damages from Gloria A. Mendoza,
6401 Bronson Lane, Bakersfield. (Refer
to City Attorney).
(c)
Claim £or Damages from Sherrie Voyles,
806 Rutherford Court, Bakers£ield.
(Refer to City Attorney)
(d)
Improvement Agreement for Parcel Map No.
5698 with Hisato Kinoshita for construction
of improvements required by the Planning
Commission, located on northeast corner
o£ Akers Road and Panama Lane.
(e) Notices o£ Completion and Acceptance of
Work for:
Street and Drainage Improvements within
Homaker Park Area, Contract No. 79-120
with Granite Construction Company.
Tract No. 4048, Contract No. 79-12 with
Tenneco Realty Development Corporation,
located at West Half Moon Drive and Ashe
Road.
Canal Culvert Extension at White Lane and
Farmers Canal, Contract No. 79-175 with
G.C.A. Construction Company.
Parcel Map No. 3653, Contract No. 77-116
with Ira L. Brummell, located at McDonald
Way and Belle Terrace.
54
Bakersfield, California, January 16, 1980 - Page 6
(f)
(g)
(h)
(i)
Upon
(d), (e), (f),
adopted by the
Ayes:
Noes:
Absent:
Plans and Specifications for University
Park Irrigation System.
Plans and Specifications for University
Park Grading Improvements.
Plans and Specifications for construction
of Elm Street Storm Drain, north of
Joshua Court.
Request from San Joaquin Community Hospital
Corporation for closing of Eye Street
between 26th and 27th Streets. (Refer to
Planning Commission for study and recom-
mendation)
a motion by Councilman Miller, Items (a), (b), (c),
(g), (h) and (i) of the Consent Calendar, were
following roll call vote:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne,
None
None
Ratty
ACTION ON BIDS
Upon a motion by Councilman Christensen, the one incom-
plete bid received for kitchen appliances for the Fire Department,
was rejected and the Finance Operations Manager was authorized to
rebid the items.
Upon a motion by Councilman Payne, low bid of Motorola
for Base Stations/Mobile Radios, was accepted and all other bids
rejected.
Upon a motion by Councilman Miller, low bid of Berchtold
Equipment Company for Turf Tractor, was accepted and the other bid
rejected.
Upon a motion by Councilman Ratty, low bid of Ray Gaskin
Service for Glider Kits for Refuse Trucks - Assembly and Installa-
tion, was accepted and all other bids rejected.
Upon a motion by Councilman Miller, all bids for One Ton
Pickup and Service Body, were rejected and the Finance Operations
Manager was authorized to readvertise for bids.
Bakersfield,
California,
January 16, 1980 - Page
DEFERRED BUSINESS
Adoption of Ordinance No. 2544 New
Series of the Council of the City of
Bakersfield amending the Municipal
Code by amending Section 11.04.766
(Speed Limit on Stockdale Highway).
Upon a motion by Councilman Ratty, Ordinance No. 2544
New Series of the Council o£ the City of Bakersfield amending the
Municipal Code by amending Section 11.04.766 (Speed Limit on
Stockdale Highway), was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Authorization granted staff to obtain
an appraisal of Open Space Flood Plain
Zoned Property located between Manor
Street and Chester Avenue.
At the Council Meeting of January 9, 1980, Councilman
Barton's motion that the whole channel and flood plain in that
area be considered, so that if the City is put into a position
where the area should be purchased or a park relocated it does
not buy just half, but the whole area and have control over it,
was tabled to be considered at tonight's meeting.
Upon a motion by Councilman Barton, authorization was
granted staff to obtain an appraisal of Open Space Flood Plain
Zoned Property located between Manor Street and Chester Avenue.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 7.80 to Title 7 of
the Municipal Code of the City of
Bakersfield relative to the Sale and
Display of Narcotic and Drug Para-
phernalia.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 7.80 to Title 7
of the Municipal Code of the City of Bakersfield relative to the
Sale and Display of Narcotic and Drug Paraphernalia.
56
Bakersfield, California, January 16, 1980 - Page 8
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on both sides of
Coventry Drive, approximately 120
feet west of Agate Street.
The application for this amendment was made by Moreland
Engineering, Inc., and would change subject properties
R-2-D (Limited Multiple Family Dwelling - Architectural
Zone to an R-3 (Limited Multiple Family Dwelling) Zone.
from an
Design)
The Kern County Council of Governments
indicated that funds are available, in the amount
Ayes: Councilmen Strong,
Payne,
Noes: None
Absent: None
2-80 of
Meeting
roll call vote:
by changing the Land Use Zoning of those certain properties
City of Bakersfield located on both sides of Coventry Drive,
mately 120 feet west of Agate Street.
in the
approxi-
Adoption of Resolution No. 2-80 of
the Council of the City of Bakers-
field deleting a Council Meeting in
the month of January, 1980.
Upon a motion by Councilman Christensen, Resolution No.
the Council of the City of Bakersfield deleting a Council
in the month of January, 1980, was adopted by the following
Barton, Christensen, Means, Miller,
Ratty
Approval of Proposal to be submitted
to Kern COG for a $30,000 grant for
the purpose of studying Energy needs
and conservation issues; and staff
authorized to negotiate the grant
and subsequent contract for Council's
approval at a later date.
(Kern COG) has
of $30,000, for
studying energy related issues. City and Kern COG staffs have
discussed the on-going efforts of Bakersfield in the areas of
energy conservation, and as a result are submitting subject
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
Bakersfield,
California,
January 16, 1980 - Page 9
proposal. The proposed $30,000 grant will require $6,000 in
matching funds by the City. The City's share will come from funds
allocated by the State through the Joint Powers Agreement approved
on November 28, 1979, for study of a Municipal Solar Utility and
related issues. Therefore, funds from the General Fund will not
be utilized for this effort.
Upon a motion by Councilman Means, proposal to be sub-
mitted to Kern COG for a $30,000 grant for the purpose of studying
Energy needs and conservation issues, was approved; and staff was
authorized to negotiate the grant and subsequent contract for the
Council's approval at a later date.
Authorization granted to declare
property located in the Northwest
Quarter of Section 14, T. 29 S.,
R. 28 E., one-fourth mile west of
Columbus Street on the north side
of Panorama Drive, as surplus; and
Finance Operations Manager authorized
to advertise for bids.
Mr. T. W. Smith, 3908 Panorama Drive, has requested that
an 11,550 square foot parcel adjacent to and easterly of Lot 19,
Tract No. 3250 be declared surplus and advertised for sale. This
property is part of the sanitary landfill, has been filled with
waste disposal material and is unsuitable as a permanent building
site. Mr. Smith desires to purchase the property and construct
a tennis court with landscaping. Since this property has no
further use for waste disposal, the Public Works Department recom-
mends that it be declared surplus subject to the following:
1. Deed restriction to exclude permanent
buildings.
2. Minimum price of $5,000.
Upon a motion by Councilman Christensen, authorization
was granted to declare property located in the Northwest quarter
of Section 14, T. 29 S., R. 28 E., one-fourth mile west of Columbus
Street on the north side of Panorama Drive, as surplus; and the
Finance Operations Manager was authorized to advertise for bids.
Bakersfield, California,
January 16,
1980 - Page l0
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting
was adjourned at 8:35 P.M.
Calif.
ATTEST:
CITY~ERK~icio Clerk of the Council
of ~he City of ~akersfield, California
ma
Bakersfield,
59
California, January 29, 1980
Minutes of a special meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 6:00 P.M., January 29, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Barton, Christensen, Means,
Miller, Payne, Ratty, Strong
Absent: None
NEW BUSINESS
Adoption of Resolution No. 3-80 of
the Council of the City of Bakers-
field authorizing and directing the
City Manager to execute and submit
to the United States Department of
Housing and Urban Development (HUD)
a request for determination of
eligibility of the City of Bakers-
field, California, for Urban
Development Action Grant (UDAG)
Funds.
The staff is of the opinion
for UDAG consideration as a result of
that the City is now eligible
the City's immediate past
performance in the area of housing. Approval of this resolution
merely allows staff to transmit, to HUD, the necessary documents
and information through which they ascertain the City's eligibility
for such a grant. Further Council authorization will be necessary
to apply for the actual grant.
Processing time for such a grant is approximately six
months. The 7.5 million dollar grant is intended to be used to
pay for construction of parking facilities for the proposed Down-
town Regional Shopping Center, which would essentially reduce the
bond sale by the amount of the grant, thereby releasing increments
for other downtown projects.
Councilman Miller stated he finds it difficult
and accept that the City has spent $4,000,000 on housing,
qualifies for a $7,000,000 parking structure.
to believe
which
6O
Bakersfield, California, January 29, 1980 - Page 2
Upon a motion by Councilman Christensen, Resolution No.
3-80 of the Council of the City of Bakersfield authorizing and
directing the City Manager to execute and submit to the United
States Department of Housing and Urban Development (HUD) a request
for determination of eligibility of the City of Bakersfield,
California, for Urban Development Action Grant (UDAG) Funds, was
adopted by the following roll call vote
Ayes: Councilmen Barton, Christensen Means, Payne, Ratty,
Strong
Noes: Councilman Miller
Absent: None
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 6:10 P.M.
MA f th~ itY~~Of Bakersfield, Calif.
ATTEST:
CITY ~L~ERK and E:~/Officio Clerk of the Council
of the City of B~kersfield, California
ma
Bakersfield, California, January 30, 1980
61
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., January 30, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Reverend William Few.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Absent: None
Councilmen Christensen, Means, Miller,
Ratty, Strong, Barton
Payne,
Minutes of the regular meeting of January 16, 1980 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Horace Austell, Agent for Amtrak, 15th and "F" Streets,
invited the Mayor and Council to ride their new train on its inaugural
run Monday, February 4, 1980, from Bakersfield to Riverbank and return.
Reverend William Few, Publisher and Editor of the Kern
Herald and operator of the Coffee House at 1209 - 19th Street,
requested that the Council adopt an Ordinance prohibiting the sale,
display, distribution, creation and manufacture of pornographic
materials. Reverend Few introduced the following persons who voiced
their objections to pornography:
Reverend Lee Anthony, President of the Bakersfield
Minister's Conference and Pastor of St. Peter's
Missionary Baptist Church.
Reverend Edward Bell, President of the Greater
Bakersfield Ministerial Association and Pastor
of St. Paul's Methodist-Episcopal Church.
Reverend Carroll Sanders, Moderator of the Kern
County Southern Baptist Association, which includes
50 churches and missions throughout the County of
Kern and represents a total membership of 14,000
people.
Reverend Cal Sarver, President of the Southern
Baptist Minister's Association of Kern County
and Pastor of the Trinity Baptist Church.
Dr. Clyde Skidmore, Pastor of the First Southern
Baptist Church of Bakersfield.
Bakersfield, California, January 30, 1980 - Page 2
Reverend Theron Freeberg, Olive Knolls Nazarine
Church.
Reverend Sid Peterson, Pastor of the Stine Road
Baptist Church and First Vice-President of the
Southern Baptist General Convention of California,
which represents 1,000 churches and missions with
about 300,000 members.
Reverend James R. Tunnell, Pastor of the Niles
Street Southern Baptist Church.
Mr. William H. Davies, President of the Bakersfield,
California, East Stake of the Church of Jesus
Christ of Latter Day Saints.
Mr. C. Erwin Waite, President of the Bakersfield,
California, Stake of the Church of Jesus Christ
of Latter Day Saints.
Assistant City Attorney Oberholzer stated Reverend Few
has asked for an Ordinance prohibiting the distribution, sale and
display of pornographic material and at the same time proposed a
definition of pornographic material. Unfortunately, the State of
California has pre-empted the field. That means the City cannot
legislate in that particular area. The State has prohibited the
distribution, sale and display of obscene matter, but secondly
they defined obscene matter. Under present State law the defi-
nition of obscene matter is a little more restrictive than it
probably is in many other parts of the United States. Obscene
matter in California includes matter, when taken as a whole, that
must be utterly without redeeming social importance. The U.S.
Supreme Court has said it is not necessary to go that far to
determine that the matter is obscene, but at the same time they
ruled they cannot legislate in California. It is up to the legis-
lators to change the law. There have been Appellate Court deci-
sions since that time pointing out that until the legislature
changes this de£inition of obscenity it will be incumbent upon
prosecutors in the State to prove that the matter is utterly with-
out redeeming social importance. With respect to closing down
the adult bookstores, the California Supreme Court addressed that
63
Bakersfield, California, January 30, 1980 - Page 3
in 1976. They essentially said an adult bookstore cannot be closed
based upon the contention that it contains some pornographic or
obscene matter. It must be proven that a particular magazine and
film is pornographic before that establishment can be closed, other-
wise it would be prior constraint and a violation o£ the 1st and
14th Amendments. Mr. Oberholzer advised the City Council that there
have been decisions that i£ a governing or legislative body passes
an ordinance that is in violation of these amendments and after
receiving legal counsel that it is, they would be personally liable
in a civil rights action. There are some things that can be done.
Mr. Beckett, Kern County District Attorney's Office, has made a
study of pornography throughout the State o~ California and he
suggested that the City and District Attorney's Office meet, with
the endorsement of the City Council, and prepare legislation for
the State to accomplish two things:
1. Change the de£inition o£ obscene matter
by removing from that de£inition that it
must be utterly without redeeming social
value.
2. Rede£ine the contemporary standards to
include contemporary community standards,
those community standards being the
standards within the area in which the
particular establishment is operating.
At the present time the State operates
on State-wide standards and there is
little doubt that the ones in Bakersfield
are a lot different than San Francisco's.
It is a matter of public record who owns the land upon
which these establishments operate. The land of three out of four
adult bookstores operating in Bakers£ield are owned by local resi-
dents. Perhaps if local people made their feelings known to these
local residents they might reconsider renewing a lease to the organi-
zations running these establishments.
Upon a motion by Councilman Barton, the staff was directed
to work with the District Attorney's Office in the preparation of
draft legislation regarding the matters brought up tonight and
Bakersfield, California, January 30, 1980 - Page 4
present it to the Council within 30
call vote:
Ayes:
days, by the following roll
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
During a lengthy discussion, Assistant City Attorney
Oberholzer suggested that the Attorney's Office draft a resolution
to send to other cities, League of California Cities and State
Legislature to start the ball rolling regarding the elimination of
pornography.
Mayor Hart declared a brief recess at 9:15 P.M. and the
meeting reconvened at 9:25 P.M.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
the Central California Criminal Justice and Delinquency Prevention
Planning District, Tulare, California, dated January 21, 1980,
regarding request for Local Government declaration to participate
with Region N in the Law Enforcement Assistance Program, was
received, ordered placed on file and the Mayor was authorized
to respond.
Upon a motion by Councilman Christensen, communications
from William C. Kuhs, Attorney at Law, 1213 - 17th Street, dated
January 29 and 30, 1980, regarding Parcel Map 5111 Improvement
Agreement, were received and ordered placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Ratty, George H. Barnett,
St. was reappointed as a member of the Kern Mosquito Abatement
District Board of Trustees, term expiring December 31, 1981.
Upon a motion by Councilman Miller, Francis A. Moore, Jr.,
C.P.A., was reappointed as a member of the Business Tax Appeals
Board, term expiring July 1, 1982.
65
Bakersfield, California, January 30, 1980 - Page 5
Ayes:
Noes:
Absent:
Upon a motion by Councilman Miller, communication he
received from Harold L. Gustafson, dated January 26, 1980, regarding
energy conservation in outdoor lighting, was received, ordered
placed on file and referred to the Energy Committee.
Councilman Miller asked the City Manager if a response
has been received from Improvement District No. 4 regarding the
contamination of the Oildale Mutual Water District.
City Manager Bergen stated a formal response has not been
received, but he has been in touch, by telephone, with California
Water Service Company.
Councilman Barton made a motion to reappoint City Attorney
Kenneth W. Hoagland, as a member, and Assistant City Attorney Richard
Oberholzer, as the City Attorney's alternate, to the Board of Zoning
Adjustment, terms expiring December 1, 1982.
Councilman Means asked Councilman Christensen about
appointing persons other than staff members to the Board of Zoning
Adjustment.
Councilman Christensen stated he suggested that as a
recommendation, because he felt it is unfair for the Attorney to serve
as an advisor to the Council, Board of Zoning Adjustment and Planning
Commission.
Councilman Barton's motion to reappoint City Attorney
Kenneth W. Hoagland, as a member, and Assistant City Attorney Richard
Oberholzer, as the City Attorney's alternate, to the Board of Zoning
Adjustment, terms expiring December 1, 1982, carried by the following
roll call vote:
Councilmen Miller, Payne, Ratty, Strong, Barton
Councilmen Christensen, Means
None
REPORTS
Councilman Christensen, Chairman
Recreation Committee, read Report No. 1-80
of the Auditorium-
regarding Concession
66
Bakersfield, Cali£ornia, January 30, 1980 - Page 6
Prices at Civic Auditorium, as follows:
This Committee has met with Mr. A. C. Speth,
concessionaire at the Civic Auditorium, to
discuss an increase in prices at the concession
stands (see Attachments #1 and #2). Mr. Speth
indicated it has been 2½ years since prices have
been increased except for candy prices which
were increased in January 1978.
Mr. Graviss, Auditorium-Recreation Manager,
has conducted a survey (see Attachment #3)
of a number of other facilities in California
to determine the reasonableness of the conces-
sionaire's requests in relation to what others
are charging.
Based on the discussions with Mr. Speth and the
survey, the Committee feels the prices requested
are reasonable and recommends approval effective
February 1, 1980 of the prices as recommended by
the Citizens Auditorium-Recreation Committee.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 1-80 regarding Concession Prices
at Civic Auditorium, was accepted; and recommended increase for
concession prices, effective February 1, 1980, was approved.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 1-80 regarding Disability
Retirement Appeals Board, as follows:
In June 1974, the City Council by state
mandate £ormed a Disability Retirement Appeals
Board to act as a hearing board regarding
Police and Fire disability retirements. This
board has been comprised of five of the six
Fire and Police Civil Service Board members.
During the past six years these hearings have
been held during regular working hours in order
to accommodate the employee and their attorneys
who generally are from the Los Angeles area.
This has proven to be a burden to the board
members in that they have businesses to run and
other responsibilities as Civil Service Board
members. The staff has found it difficult to
get five of the six members together for any
length of time to sit as a hearing board.
Past experience has shown that hearings have
been delayed for several months because of these
problems.
The City Attorney's Office with the concurrence
o~ both Civil Service Boards has recommended
that the number of persons required for the
Disability Retirement Appeals Board be reduced
67
Bakersfield, California, January 30, 1980 - Page 7
from five to three. (The specificsare spelled
out in detail in an attached memorandum.)
The Governmental Efficiency and Personnel Com-
mittee has discussed this change on several
occasions and are recommending Council approval
of the attached amendments to the resolution
which established the Retirement Appeals Board.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 1-80 regarding Disability Retire-
ment Appeals Board, was accepted.
Adoption of Resolution No. 4-80 of
the Council of the City of Bakers-
field amending Resolution No. 6-74
establishing the Retirement Appeals
Board of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 4-80
of the Council of the City of Bakersfield amending Resolution No.
6-74 establishing the Retirement Appeals Board of Bakersfield,
was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Councilman Payne, member of the Governmental Efficiency
and Personnel Committee, read Report No. 2-80 regarding Retired
Employees Request for Cost of Living Increase, as follows:
Last month the Council referred a letter
from the City's retired employees to the
Governmental Efficiency and Personnel
Committee regarding a cost of living raise.
(Attached to this report is a copy of this
letter.) In order for the staff and this
committee to make an evaluation of their
request, it will be necessary for the Public
Employees Retirement System (PERS) to make
an actuarial study. We have been informed
that this study will cost the City approxi-
mately $1,150.00.
The Governmental Efficiency and Personnel
Committee is therefore recommending Council
approval for this actuarial study and the
necessary monies from the Council's Contin-
gency Fund.
68
Bakers£ield, California, January 30, 1980 - Page 8
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 2-80 regarding Retired Employees
Request for Cost of Living Increase, was accepted; actuarial study,
was approved; and expenditure of necessary monies from the Council's
Contingency Fund for the actuarial study, was approved.
Upon a motion by Councilman Ratty, Annual Report for
1979 of the Miscellaneous, Fire and Police Civil Service Boards,
was received and ordered placed on file.
Community Development and Housing Coordinator Gilchrist
reported one of the main programs in the Community Development
Block Grant is the low interest home improvement loans at 4% offered
through Security Pacific Bank. The program has proved effective,
however, it does not have all the flexibility that could be put
forth in the program. As aresult, a request for proposals has
been issued to a number of local lending institutions and some
State institutions asking for other types of loan packages and
programs to be offered. Eight responses have been received, which
have been reviewed by staff and it was found the program offered
by Crocker Bank would fit with the needs identified for the program.
It is being requested that the Council re£er the proposed agreement
with Crocker Bank to the Budget Review and Finance Committee for
study and recommendation.
Upon a motion by Councilman Means, proposed agreement
with Crocker Bank for Community Development Loan Program, was
referred to the Budget Review and Finance Committee for study and
recommendation.
Community Development and Housing Coordinator Gilchrist
reported that one o£ the things that has been found in the relocation
activities is that a number o£ structures are not economically
£easible £or rehabilitation, yet the cost of building a new replace-
ment structure is beyond the means o£ people living there. Based
on the Los Angeles County Community Development Program, it has
69
Bakersfield, California, January 30, 1980 - Page 9
been found that in some instances it is possible to demolish the
existing structure and move-on another structure and rehabilitate
it. That cost is within the range of many people. Here in
Bakersfield, with the concurrence of HUD, the staff came up with
a demonstration project on Northrup Street to show it can be done.
However, in the course of moving the house and repairing it to
meet modern codes certain unanticipated charges were incurred in
the amount of approximately $2,000. It is being recommended that
a one time payment be made on this demonstration project on Northrup
Street out of the Community Development Block Grant funds. It has
been found from this one demonstration project that others can be
done and it is a viable means of providing safe and sanitary housing
for people who otherwise cannot afford to attain such. It is being
requested that the Move-on Housing Demonstration Project on Northrup
Street be referred to the Budget Review and Finance Committee for
study and recommendation.
Upon a motion by Councilman Strong, the Move-on Housing
Demonstration Project on Northrup Street was referred to the Budget
Review and Finance Committee for study and recommendation.
Director of Fire & Development Services Needham reported
that the Zoning Ordinance review and public costs of future resi-
dential and commercial development were budgeted in the current
fiscal year in the amount of $15,000. These matters should be
referred to an appropriate Council committee along with the aspect
of public costs for services in relation to the revenues that come
from certain developments.
Upon a motion by Councilman Means, the Zoning Ordinance
review, public costs of £uture residential and commercial develop-
ment and aspect o£ public costs for services in relation to the
revenues that come from certain developments, were referred to the
Budget Review and Finance Committee.
7O
Bakersfield, California, January 30, 1980 - Page 10
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3656 to 3934 and
3936 to 3975, inclusive, in the amount of
$982,934.28.
(b)
Claim for Damages from Bruce McNichols,
2912 Singing Hills Drive, Bakersfield.
(Refer to City Attorney)
(c)
Claim for Damages from Mozella Harper,
619 Watts Drive, Bakersfield. (Refer to
City Attorney)
(d)
Street Dedication from First Church of
Religious Science of Bakersfield and
Calvary Bible Church of Bakersfield
providing for Denise Avenue, located east
of Manor Street, north of Panorama Drive.
(e)
Street Dedication from Developers Manage-
ment Services, Inc., providing for addi-
tional dedication of Akers Road, south
of Pacheco Road, as required by the
Planning Commission for Parcel Map No.
4321.
(f)
Street Dedication from Elmer F. Karpe,
Inc., providing for dedication of portions
of Akers Road and Panama Lane, as required
by the Planning Commission for Parcel Map
No. 5698, located at northeast corner of
Panama Lane and Akers Road.
(g)
Map of Tract No. 4140 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located east of North Half
Moon Drive and north of Olympia Drive.
(h)
Map of Tract No. 4142 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located northwest of North
Half Moon Drive and west of Ashe Road.
(i)
Map of Tract No. 4143 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located west of North Half
Moon Drive and east of South Laurelglen
Boulevard.
(J)
Map of Tract No. 4182 and Improvement
Agreement with Challenge Builders, Inc.,
for construction of improvements therein,
located south of Fairview Road, west of
Hughes Lane.
Bakersfield, California, January 30, 1980 -. ~age 11
71
(k)
(i)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
Map of Tract No. 4229 with San Joaquin
Investments, located at northeast corner
of Tierra Verde Street and Isla Verde
Street.
Improvement Agreement for Parcel Map No.
5615 with A & M Company for construction
of improvements required by the Planning
Commission, located on the south side of
Columbus Street, east of Pasadena Street.
Improvement Agreement for Parcel Map No.
5775 with Ming Center Investment Company
for construction of improvements required
by the Planning Commission, located at
the northeast corner of Ming Avenue and
Lymric Way.
Application for Encroachment Permit from
Richard H. Morales, 3001 - 19th Street,
for construction of a 3 foot high concrete
fence at back of sidewalk area along
southwest corner of 19th and Elm Streets.
Application for Encroachment Permit from
University Baptist Church, 2515 Church
Avenue, for construction of parking
bumpers and tree wells at back of side-
walk at southwest corner of Church Avenue
and Bishop Drive.
Plans and Specifications for construction
of Asphalt Concrete Pavement on Monitor
Street, north of Calcutta Drive.
Plans and Specifications for construction
of Asphalt Concrete Pavement on Half Moon
Drive.
Request from Melvin G. Davis, Realtor,
for annexation of property located at
the southeast corner of Wible Road and
Hosking Road. (Refer to Planning Com-
mission for study and recommendation)
Request from Elmer F. Karpe, Inc., Real
Estate, for annexation of property
located at the southwest corner of Wible
Road and Hosking Road. (Refer to Planning
Commission for study and recommendation)
Request from Moreland Engineering, Inc.,
for annexation of property located on the
northwest corner of Stockdale Highway and
Allen Road. (Refer to Planning Commission
for study and recommendation.)
72
Bakersfield, California, January 30, 1980 - Page 12
(u)
(v)
(w)
(aa)
(x)
(y)
(z)
Request from Butler, Chambers & Hughes,
Civil Engineering, Surveying & Land
Planning, for amendment to the General
Plan for commercial use of property
located on 24th Street, between "C" Street
and Drake Street. (Refer to Planning
Commission for study and recommendation)
Request from Wildwest Shopping Center for
amendment to the General Plan from low
density residential to commercial for
property located west of South Real Road
and south of Stockdale Highway. (Refer
to Planning Commission for study and
recommendation.
Request from Gerald S. Hirsch, Attorney
at Law, on behalf of The Bakersfield
Play Center and Louis Brandt for abandon-
ment of Virginia Street north of Kentucky
Street to the canal. (Refer to Planning
Commission for study and recommendation)
Revision of City of Bakersfield Standard
Drawing No. S-28, Alley Cross Sections.
Request from Wattenbarger-Stahl Develop-
ment Company £or extension of time to
complete Tract No. 3859 B - Contract No.
78-108. Public Works Department recom-
mends a six month extension of time.
The revised completion date will be
March 6, 1980.
Contract Change Order No. 1 to Contract
No. 79-147 with Tumblin Company for South
Wing Addition to Bakersfield City Hall.
This Change Order is necessary to provide
temporary overhead electrical service £or
City Hall and to reinstall those portions
of the existing underground service which
may be destroyed during excavation and
foundation construction at the new addition.
The estimated cost of this Change Order is
$10,970. In the event the actual cost of
the work is less than the estimate, the
City will pay the lesser amount.
Request from Timothy J. Lewy for 60 day
extension of time for completion of
improvements for Parcel Map No. 5111,
Agreement No. 79-137, located on Bernard
Street, east of Oswell Street. Public Works
Department recommends a 30 day extension
of time. The revised completion date will
be March 5, 1980.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v), (w), (x), (y), (z) and (aa) of the
Bakersfield, California, January 30, 1980 - Page 13
73
Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Miller, bid of Kern Turf Supply
for Annual Contract No. 12180 - P.V.C. Pipe and Sprinklers, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Payne, all bids for One Ton
Cab and Chassis and Half Ton Pickup Trucks were rejected and the
Finance Operations Manager was authorized to readvertise for bids.
Upon a motion by Councilman Payne, low bid of Jim Alfter
for construction of Curbs and Gutters at various locations was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Christensen, low bid of
General Seating Company for Aluminum Planks and Accessories for
Parks Department was accepted and the other bid rejected.
Upon a motion by Councilman Payne, low bid of Jack Burtch
Company for furnishing and applying Slurry Seal on Parking Lots and
Service Drives in various City Parks was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Wallace
and Smith, Contractors, for Water Department Office Addition and
Corporation Yard Storage Building, was accepted, the other bid
rejected, the Mayor was authorized to execute the contract and
authorization granted to utilize $100,000 of Agricultural Water
Capital Improvement funds £or completion of the building.
Upon a motion by Councilman Christensen, low bid of Micon
for construction of 18" Diameter Drain Line Pipe for Pumping Plant
Bakersfield, California, January 30, 1980 - Page 14
No. 9 of the Ashe Water Division, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, bid of Kustom Elec-
tronics £or Traffic Radar Units was accepted and all other bids
rejected.
Upon a motion by Councilman Payne, low bid o£ United
Equipment for Trailer Mounted Bituminous Distributor was accepted
and the other bid rejected.
Upon a motion by Councilman Miller, low bids of Odorire
Janitor Supply (50 items) and San Joaquin Supply (30 items) for
Annual Contract - Janitorial Supplies, were accepted, all other
bids rejected and the Mayor was authorized to execute the contracts.
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 author-
ized to negotiate a price for Portable Radios with Motorola Com-
munications.
DEFERRED BUSINESS
Adoption of Resolution No. 5-80 of
the Council of the City of Bakers-
field relative to California Crime
Watch.
At the Council Meeting of January 9, 1980, Mayor Hart
stated a resolution would be prepared augmenting the in£ormation
of the State Attorney General's "California Crime Watch Program"
and the City of Bakersfield's Neighborhood Watch Program.
Upon a motion by Councilman Payne, Resolution No. 5-80
of the Council o£ the City of Bakersfield relative to California
Crime Watch, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, January 30, 1980 - Page 15
75
Ayes:
Noes: None
Absent: None
Adoption of Ordinance No. 2545 New
Series of the Council of the City of
Bakersfield adding Chapter 7.80 to
Title 7 of the Municipal Code of the
City of Bakersfield relative to the
Display of Narcotic and Drug Para-
phernalia.
Councilman Miller requested that a copy of this ordinance
be sent to the Kern County Board of Supervisors so they will be
aware of what the City is doing.
Upon a motion by Councilman Barton, Ordinance No. 2545
New Series of the Council of the City of Bakersfield adding Chapter
7.80 to Title 7 of the Municipal Code of the City of Bakersfield
relative to the Display of Narcotic and Drug Paraphernalia, was
adopted by the following roll call vote:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Adoption of Ordinance No. 2546 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning o£ those certain properties
in the City of Bakersfield located
on both sides of Coventry Drive,
approximately 120 feet west of Agate
Street.
The application for this amendment was made by Moreland
Engineering, Inc., and would change subject properties from an
R-2-D (Limited Multiple Family Dwelling - Architectural Design)
Zone to an R-3 (Limited Multiple Family Dwelling) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2546 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
located on both sides of Coventry Drive, approximately 120 feet
west of Agate Street, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
76
Bakersfield, California, January 30, 1980 - Page 16
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 6-80 of
the Council of the City of Bakers-
field declaring it has reviewed,
evaluated and considered the infor-
mation contained in the Final and
Supplemental Environmental Impact
Report, making findings and certifying
that said Final and Supplemental EIR
has been completed in compliance with
the California Environmental Quality
Act, the State EIR Guidelines and
City Resolution No. 39-78, Re
Proposed General Plan Amendmand and
subsequent Zone Change for those
properties located generally south
of State Route 178; easterly of
Mount Vernon Avenue; northerly of
Bernard Street; and westerly of
Oswell Street.
The Planning Commission reviewed the final and supplemental
EIR on the proposed General Plan Amendment and Zone Change and recom-
mended by Resolution No. 72-79 to the City Council that the Final
and Supplemental be certified as complete in compliance with the
California Environmental Quality Act, the State EIR Guidelines and
City of Bakersfield Resolution No. 39-78.
Upon a motion by Councilman Miller, Resolution No. 6-80
of the Council o£ the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final and
Supplemental Environmental Impact Report, making findings and certi-
~ying that said Final and Supplemental EIR has been completed in
compliance with the California Environmental Quality Act, the State
EIR Guidelines and City Resolution No. 39-78, Re Proposed General
Plan Amendment and subsequent Zone Change £or those properties
located generally south of State Route 178; easterly of Mount
Vernon Avenue; northerly of Bernard Street; and westerly of Oswell
Street, was adopted by the following roll call vote:
Bakersfield, California, January 30, 1980 - Page 17
77
Ayes
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes None
Absent: None
HEARINGS
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 1:
Leo J. Wilson has applied to change
the land use designation on approxi-
mately 0.3 acre located at the
northeast corner of "N" and 8th
Streets from medium density resi-
dential to office.
Segment 2:
Thomas A. Kelly has applied to change
the land use designation on approxi-
mately 2.4 acres located adjacent to
the existing shopping center at the
southeast corner of New Stine and
Wilson Roads from low density resi-
dential to commercial. It is further
proposed by the Planning Department
that the land use designation for
existing commercial uses immediately
east of this project (approximately
1.55 acres) fronting Wilson Road to
Edmonton Street be changed from low
density residential to commercial
and property located at the north-
east intersection of Wilson and
Stine Roads (approximately 0.5 acre)
be changed from low density resi-
dential to office.
Segment 6:
DeLuxe Home Builders (J. C. Collier)
has applied to change the land use
designation for approximately 0.3
acre located on the west side of
Olive Street, 145 feet south of
Chester Lane from medium density
residential to commercial.
Segment 7:
Central Southern Baptist Church
(Reverend James Lanier) has applied
to change the land use designation
for approximately 4.7 acres located
on both sides of South "H" Street,
between Highway 58 and Terrace Way
from low density residential to
office.
Bakersfield, California, January 30, 1980 - Page 18
Segment 8:
William Hill has applied to change
the land use designation for approxi-
mately 3.3 acres of vacant land
located on the southwest corner of
South Union Avenue (State Highway
204 or Business 99) and Pacheco
Road from medium density residential
to commercial.
Segment 9:
East Bakersfield Associates (Brock,
Paola and Banducci) have applied to
change the land use designation on
approximately 72.5 acres of vacant
land located south of State Highway
178 and north of Bernard Street,
westerly of Oswell Street and
easterly of Mt. Vernon Avenue, from
medium density residential to com-
mercial.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission approved the Negative Declara-
tions for Segments 1, 2, 7 and 8, and recommended approval of
Segments 1, 2, 7, 8 and 9, provided certain conditions are met
on Segments 2, 8 and 9, as delineated in Planning Commission
Resolution No. 74-79.
The Planning Commission, after a public hearing held
December 19, 1979, approved the Negative Declaration, but recom-
mended denial of Segment 6.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Leo J. Wilson, owner of property known as Segment 1,
requested that the Council approve his request for a General Plan
Amendment.
Mr. Thomas A. Kelly, representing owner of property
known as Segment 2, stated they feel the use being requested for
that area is reasonable.
Mr. J. D. Collier, owner of property known as Segment 6,
requested that the Council overturn the recommendation of the Plan-
ning Commission and approve his request for a General Plan Amendment
so he can build an office.
Bakersfield,
California,
79
January 30, 1980 - Page 19
Planning Director Sceales stated this request would
introduce commercially zoned property on Olive Street, which is
presently zoned R-3 and developed with residential units. The
Planning Commission recommended it be denied on the basis that
they felt it would be bad zoning practices.
Mr. William Hill, owner of property known as Segment 8,
requested that the Council approve his request for a General Plan
Amendment.
Mr. Jack O'Donnell, 7508 Del Canto Court, spoke in favor
of Segment 9 and in opposition to the conditions placed on this
property that must be met before final tract map approval and public
.financing for the downtown regional shopping center.
Mr. John Brock, representing East Bakersfield Associates
Segment 9, stated he was present to answer questions of the Council
and stated he is satisfied with the recommendations of the Planning
Commission, with the 1985 date.
No protests or objections being received, and no one else
wishing to speak in favor, Mayor Hart closed the public portion of
the hearing for Council deliberation and action.
After a lengthy discussion, upon a motion by Councilman
Means, Resolution No. 7-80 of the Council of the City of Bakersfield
making findings, adopting Negative Declarations on Segments I,
II, VI, VII and VIII, approving Segments I, II, VII, VIII and IX
of proposed Amendment to the Land Use Element of the Bakersfield
Metropolitan Area General Plan and withdrawing Segment VI to be
considered at the next General Plan Amendment hearing, was adopted
by the following roll call vote
Ayes: Councilmen Christensen Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Councilman Miller made a motion that the portion of this
hearing pertaining to Segment 9 - East Bakersfield Associates, be
Bakersfield, California, January 30, 1980 - Page 20
spread across the minutes.
City Manager Bergen stated it might be some time before
a word for word transcript could be finished. The Clerk's Office
can do the minutes and prepare a transcript later.
Councilman Miller stated that was okay.
Councilman Miller's motion was unanimously approved.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at ll:10 P.M.
MAY N~f the ~i~y of Bakersfield, Calif.
ATTEST:
CIT icio Clerk of the Council
of the City of Bakersfield, California
ma/mp
Bakersfield, California, February 6, 1980
81
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers o£ City
Hall at 8:00 P.M., February 6, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Means, Miller, Payne, Ratty,
Absent:
None
Minutes of
Strong, Barton, Christensen
the special meeting of January 29, 1980 were
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Miller,
communication from
the Junior League of Bakersfield, Inc., dated January 31, ~980,
regarding their members volunteering for appointive positions on
County and City boards and commissions, was received and ordered
placed on file.
COUNCIL STATEMENTS
Councilman Ratty requested that the City Attorney inves-
tigate the possibility of the Council adopting an ordinance that
would force pornographic businesses, when they change locations,
into some sort of separation so they are not grouped together.
City Attorney Hoagland stated that type of ordinance
might be possible, but in all likelihood it must be realized that
those adult bookstores and theaters in existence would be grand-
lathered in until such time as they changed ownership. At that
time if the City had an existing ordinance, which had separation
distances, etc., they would be affected by it. City Attorney
Hoagland stated he would look into it further and report back to
the Council.
Councilman Payne stated he would like to inform the
Council that in the next week or so he would nominate a person
to serve on the Planning Commission.
8'2
Bakersfield,
California,
February 6, 1980 - Page 2
City Attorney Hoagland stated if there is a resignation
on the Planning Commission that it must be posted at least 10 days
prior to making a nomination for a new member.
Upon a motion by Councilman Barton, the staff was directed
to furnish the Council with a list of the names of owners who are
listed on Business Licenses for adult bookstores and theaters.
Mayor Hart announced that he reappointed ~r. Frank S.
Lewis, 1706 Chester Avenue, and Mr. Ralph Poehner, Jr., 2609
Harmony Drive, to the Bakersfield Redevelopment Agency, terms
expiring February 1, 1984.
REPORTS
Director of Public Works Hawley reported that he has
been working with the Business Development and Parking Committee
regarding a complaint the Council received from Mr. Remerowski,
1114 Oleander Avenue, concerning litter in the vicinity of Oleander
Avenue and California Avenue. Presently the Public Works Depart-
ment is sweeping California Avenue four times per week and Oleander
Avenue once per month. When the new sweepers are available they
will be able to sweep Oleander Avenue once every two weeks. The
bus bench has been relocated from this corner and Public Works has
also installed a litter container which is being serviced once per
week. In addition, this litter problem around the school has been
brought to the attention of the Student Council at Bakersfield
High School and it was suggested that cleanup in this area might
be a good student project.
Development Services Coordinator Tooker reported that
in response to a direction given to the staff, by the Council, at
the meeting of November 7, 1979, a resolution has been prepared
in support of the 1980 Census. Councilman Miller made a motion,
at that meeting, that the Mayor and each Councilman appoint one
person to serve on the Complete Count Committee to help publicize
and encourage the Census effort. If the Council so wishes the
83
Bakersfield, California, February 6, 1980 - Page 3
staff could have prepared by the Council Meeting of February
1980, a list of persons, area-wide~ that would be willing to
assist the community in this effort.
13,
Adoption of Resolution No. 8-80 of
the Council of the City of Bakers-
field declaring support for the
1980 U.S. Census effort including
the selection of a Complete Count
Committee.
Upon a motion by Councilman Miller, Resolution No. 8-80
of the Council of the City of Bakersfield declaring support for
the 1980 U. S. Census effort including the selection of a Complete
Count Committee, was adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
Councilman Ratty requested that the list mentioned by
Mr. Tooker be furnished to the Council.
Councilman Barton, Chairman o£ the Business Development
and Parking Committee, read Report No. 1-80 regarding Consent for
Cox Broadcasting (Bakersfield Cable T.V.) Merger with General
Electric, as follows:
On January 30, 1980, the Business Development
& Parking Committee met relative to the con-
sent to be given to the merger of Cox Broad-
casting with General Electric Company.
Consent of the City is necessary pursuant to
the franchise ordinance.
It is the recommendation of this Committee to
deny the consent at this time, and to negotiate
with Bakersfield Cable T.V. Company for certain
changes in the ordinance, with the purpose of
bringing the Bakersfield Cable Company
ordinance in line with the franchise recently
awarded Warner Cable Company.
It is further recommended that the matter be
re-referred to the Business Development and
Parking Committee for such negotiations.
Motion to deny consent for the merger at this
time and re-refer to the Business Development
& Parking Committee to renegotiate the present
franchise.
Bakersfield, California, February 6, 1980 - Page 4
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 1-80 regarding Consent for Cox
Broadcasting (Bakersfield Cable T.V.) Merger with General Electric,
was accepted; consent for merger at this time, was denied; and
the matter was referred to the Business Development and Parking
Committee to renegotiate the present franchise.
Development Services Coordinator Tooker reported the
Business Development and Parking Committee met this afternoon to
discuss the review and update of the City's Zoning Ordinance.
Staff has assembled a plan to include various segments of the
using community with this review and update. It is being requested
that the Mayor be authorized to send letters to various concerned
groups proposing the formation
Advisory Committee composed of
men, 3 Planning Commissioners,
of a Zoning Ordinance Review and
15 to 17 persons; mainly 3 Council-
various land developers, builders,
realtors, title companies, engineers, architects, financial
institutions, public utilities, environmentalists and general
public.
Upon a motion by Councilman Means, the Mayor was
authorized to send letters to various concerned groups regarding
the formation of a Zoning Ordinance Review and Advisory Committee
to be composed of 15 to 17 persons.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3976 to 4115,
inclusive, in the amount of $474,585.20.
(b) Map of Tract No. 4256 with W. Watson
Company, located west of Real Road, south
of Verde Street.
(c) Plans and Specifications for construction
of a 21-inch Sewer in District Boulevard
at Ashe Road.
(d) Plans and Specifications for construction
of University Park Security Lighting.
Bakersfield, California, February 6,
85
1980 - Page 5
(e)
Application for Encroachment Permit £rom
Steve Higuera, 4509 Glengary Place, for
construction of a 4 foot high brick and
wrought iron fence along back of sidewalk
at 4509 Glengary Place.
(f)
Street Dedication and Water Line Easement
from Tenneco Realty Development Corporation
providing dedication of Lennox Avenue,
Business Park South, additional dedication
of California Avenue, and Water Line Ease-
ment as required for Parcel Map No. 5531.
(g)
Request from Joseph A. Leon, Agent for
Delfino Brothers, for amendment to the
General Plan from low density housing
to commercial use for property located
on northeast corner of White Lane and
Stine Road, consisting of 5.4 acres of
land. (Refer to Planning Commission for
study and recommendation)
(h)
Request from W. D. Hollingsworth, Presi-
dent, Safe-Guard Land Co., Inc., P.O.
Box 134, Bakersfield, for annexation of
approximately 60 acres of land located
between Kern Canyon Road on the north,
Carmel Street on the east, Rosewood Avenue
on the south, and Morning Drive on the
west. (Refer to Planning Commission for
study and recommendation)
(i)
Resolution No. 9-80 of the Council of the
City of Bakers£ield initiating proceedings
for annexation of territory to the City of
Bakersfield identified as Proceeding No.
706, Annexation No. 279 (College No. 3),
in accordance with LAFCO Resolution making
determination. This resolution sets the
date of hearing for Wednesday, March 12,
1980.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h) and (i) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Miller, low bid of Griffith
Company for construction of Asphalt Concrete Pavement on University
Avenue between Camden Street and La Costa Street, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
Bakersfield, California, February 6, 1980 - Page 6
NEW BUSINESS
Adoption of Resolution No. 10-80 of
the Council of the City of Bakers-
field deleting a Council Meeting in
the month of February, 1980.
Upon a motion by Councilman Christensen, Resolution No.
10-80 of the Council of the City of Bakersfield deleting a Council
Ayes:
Noes: None
Absent: None
Meeting in the month of February,
following roll call vote:
Councilmen Means, Miller,
Christensen
1980, was adopted by the
Payne, Ratty, Strong, Barton,
Adoption of Emergency Ordinance No.
2547 New Series of the Council of
the City of Bakersfield amending
Section 7.18.010 (d) of the Munici-
pal Code relative to Secondhand
Dealers.
The recent increases in the value of precious metals
have resulted in the selling of personal property containing these
metals. In order to provide the same control as exists with
secondhand dealers and pawn shops to prevent the reselling of
stolen property, it is necessary to redefine secondhand dealers
so that those whose business includes the buying and selling of
items containing the precious metals will be required to report
such purchases.
Upon a motion by Councilman Means, Emergency Ordinance
No. 2547 New Series of the Council of the City of Bakersfield
amending Section 7.18.010 (d) of the Municipal Code relative to
Secondhand Dealers, was adopted by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Means, Miller, Payne,
Christensen
None
None
Ratty, Strong, Barton,
Bakersfield,
California, February 6, 1980 - Page 7
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:30 P.M.
MAYOR of~he City of Bakersfield, Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the
of the City of Bakersfield, California
STANT CITY CLERK
ma
Council
88
Bakersfield, California, February 13, 1980
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., February 13, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Reverend William Few.
The City Clerk called the roll as follows:
Present:
Mayor Hart. Councilmen Miller, Payne, Ratty, Barton,
Christensen, Means
Absent: Councilman Strong
Minutes of the regular meetings of January 30, 1980 and
February 6, 1980 were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Councilman Payne made the following statement:
After meeting with the mobilehome owners at
Stockdale Villa, last Thursday evening, it is
apparent that a problem exists. Members of
this Council, along with our legal staff, have
worked diligently all week trying to develop
some program that would address the problems
without violating the rights of either the
mobilehome owners or the park owners.
At first thought it appeared to be proper to
request Council approval of a resolution
supporting voluntary mediation between both
parties. Although the proposed resolution
would only have recommended communication
among all parties, was not supported by
ordinance, and was on a voluntary basis only,
it now appears adoption at this point in time
would not be in anyone's best interests. There
is also a court decision which must be con-
sidered before an ordinance could accompany
any resolution.
A Fair Rent Control Initiative has been placed
on the June, 1980 ballot, and any direct action
taken by us tonight could be construed as en-
dorsement of, or opposition to, this initiative.
I firmly believe that the only system that will
work is for government at all levels to limit
or reduce regulations of private enterprise to
an absolute minimum, and to allow the law of
supply and demand to take its natural course.
Because of recent publicity in the Californian
I think it is necessary to state that I have
never, nor will I ever, support rent control.
Further, I recently passed several petitions
to qualify the "Fair Rent"Initiative for the
June ballot, so the people of this State can
89
Bakersfield, California, February 13, 1980 - Page 2
decide the issue for themselves. If a majority
of California voters want this new legislation,
its passage in June will establish constitutional
standards to which any local rent control or
stablization ordinance must conform.
Each mobilehome owner will have their chance
to vote in June and the place to express their
concern is at the polls. That is the American
way!
Rent control is counter productive to the goal
of providing better housing at competitive
prices for all, and for any resolution to be
effective, it would have to be supported by
an ordinance that would clearly be the first
step toward rent control.
I feel this body has found a viable solution
that has sufficient support to pass this
evening, and that addresses everyone's interest
in a fair and equitable manner.
I, therefore, will later make the motion that
an Ad-Hoc Advisory Committee, comprised of City
residents, be formed to promote the virtues of
Bakersfield as a location to develop additional
mobilehome parks, and to study the facts and
make a determination as to what, if any, other
alternatives exist short of government inter-
vention in the free enterprise system.
It is my intent and belief that this approach
will encourage rather than discourage further
development of mobilehome parks and serve as
the most effective and immediate solution to
the problem that now confronts us.
Your honor, I will defer the motion until
people here tonight have had the opportunity
to address my statement and the Council
regarding this matter.
Mr. Marshall Jacobson, Attorney and Vice-President of
the Kern County Apartment Association, spoke in support of Council-
man Payne's statement and in opposition to rent control.
Mr. John Willingham, Realtor's Associate and President
of the Kern County Apartment Owners Association, stated they do
not feel it is governments place to settle landlord-tenant relation-
ships and also spoke in favor of Councilman Payne's suggestion that
an Ad-Hoc Committee be established.
Mr. Bill Hart, District Manager of the Kern-Sierra District
of Associated General Contractors of California, requested that the
9O
Bakersfield, California, February 13, 1980 - Page 3
Council urge Assemblyman Donald Rogers to support the adoption of
ACA-56 which will, in effect, remove from Charter Cities the right
to perform construction outside of the contract laws of the State
of California as it relates to General Law Cities. It would put
Charter Cities under General Law rule. Mr. Hart also questioned
the City's performance on street maintenance projects and requested
that the Council award maintenance agreements to private industry.
City Manager Bergen stated the staff is not quarreling
with the principle of contract work. The issue here is the pre-
emption of the City's rights. The support of the State pre-empting
home-rule rights, the right of this Council to determine the needs
and/or will of this community, is not in the best interest of the
City. City Manager Bergen also stated he would strongly urge that
the Council not support the State pre-emption of this City's right,
as a Charter City. The Council has the right to get involved with
how much work is done by force account versus how much is done by
contract.
Upon a motion by Councilman Barton, the matter of force
account work by City staff and ACA-56, was referred to the Business
Development and Parking Committee for study and recommendation back
to the Council. Mr. Bill Hart was requested to attend the Committee
meeting and he stated he would.
Mr. Jim Hayden, representing residents of Stockdale Villa
Mobilehome Park, 3535 Stine Road, objected to the out-of-town owners
of this mobilehome park raising their rents $50.00 in a one year
period and requested that the Council give them protection by
appointing a Mediation Board to justify increases in rents.
Ruth Gluyas, resident of Stockdale Villa, spoke in
opposition to owners of mobilehome parks constantly raising the
rents and requested the Council's help.
Mr. Charles Royce. General Partner of Stockdale Villa,
stated he supports Councilman Payne regarding the formation of an
Bakersfield, California, February 13, 1980 - Page 4
Ad-Hoc Committee because there is a lack of communication between
the owners and residents. Mr. Royce also stated he is willing to
make any and all reasonable efforts to resolve this communication
problem.
Mr. James L. Wattenbarger, representing Mobiletown
Development Company, stated one of the main concerns mobilehome
owners have is when are the rents for spacesgoing to stop going up
and the Council should talk to people in the mobilehome industry
prior to making any decision pertaining to this business.
Mr. Larry McCune, President of the Bakersfield Board of
Realtors, spoke in opposition to rent control and government inter-
ference and in favor of the Ad-Hoc Committee proposed by Councilman
Payne.
Mr. Rosalio Banales, Campaign for Economic Democracy,
requested that the Council take some kind of action to help give
the people in Stockdale Villa rent relief.
Mr. Peter Pragliotto, resident of Stockdale Villa, stated
this same thing happened last year after a board was appointed and
somehow these rent raises have to have a stopping point.
Councilman Payne made a motion that an Ad-Hoc Committee,
comprised of City residents who have no financial interest in mobile-
homes or mobilehome parks, be formed (each Councilman to appoint 2
members and the Mayor appoint 1 member to serve as Chairman) to
act as a fact-finding committee to
the lines of communication between
owner at Stockdale Villa.
monitor the progress and open
the mobilehome owners and park
Councilman Means offered a substitute motion that the
Ad-Hoc Committee report back to the Council within two weeks and
if a solution is not arrived at within that time that the Council
consider stronger action, such as a Mediation Board with binding
arbitration. This substitute motion failed to carry by the
Bakersfield, California, February 13, 1980 - Page 5
following roll call vote:
Ayes: Councilman Means
Noes: Councilmen Miller, Payne, Ratty, Barton, Christensen
Absent: Councilman Strong
Councilman Payne's motion that an Ad-Hoc Committee,
comprised of City residents who have no financial interest in
mobilehomes or mobilehome parks, be formed (each Councilman
appoint 2 members and the Mayor appoint 1 member to serve as
Chairman) to act as a fact-finding committee to monitor the progress
and open the lines of communication between the mobilehome owners
and park owners at Stockdale Villa, carried by the following roll
call vote:
Ayes: Councilmen Miller, Payne, Ratty, Barton, Christensen,
Means
Noes: None
Absent: Councilman Strong
Mayor Hart declared a brief recess at 9:30 P.M. and the
Council Meeting reconvened at 9:35 P.M.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communications
from the Bakersfield S.P.C.A., dated February 5 & 8, 1980, regarding
Contract No. 78-145 between the City of Bakersfield and the Bakers-
field S.P.C.A., was received and upon the advice of the City
Attorney the requested amendment to Contract No. 78-145, was
approved.
Upon a motion by Councilman Means, communication from
the Loyal Order of Moose, Bakersfield Lodge No. 473, dated February
7, 1980, requesting an amendment to the Bingo Ordinance to allow
pull tabs, was received and referred to the City Attorney for
study and recommendation.
Upon a motion by Councilman Payne, communication from
the City of Tiburon, dated February 8, 1980, requesting financial
assistance on an appeal to the United States Supreme Court regarding
a land use case, was received and referred to the City Attorney for
study and recommendation.
Bakersfield, California, February 13, 1980 - Page 6
93
Upon a motion by Councilman Means, communication from
the State Department of Transportation, dated February ll, 1980,
regarding a news release of an information meeting on Noise
Barriers along Freeway 99 in the City of Bakersfield to be held
Wednesday, February 20, 1980, at the South Bakersfield Veteran's
Hall, 2001 Wilson Road, was received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
Olga Newton, 248 Eye Street, dated February 11, 1980, expressing
her gratitude for the curb cuts and blue curbs, was received and
ordered placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Miller, ~r. Mac D. Culver,
3709 River Boulevard, was appointed as a member of the Board of
Charity Appeals and Solicitations, term expiring October 1, 1982.
Councilman Miller requested a status report on an agree-
ment between the City and County regarding division of property
taxes on annexations.
Assistant City Manager-Finance Kelmar stated a meeting
will be held tomorrow afternoon with the County Administrative
Officer in order to try and finalize that agreement.
Councilman Miller requested a status report on the
negotiations with the State Department of Transportation regarding
the intersection of Highway 178 and Fairfax Road.
Director of Public Works Hawley stated he has met with
the District Traffic Engineer with the State Department of Transpor-
tation and he emphasized, again, that the intersection of Highway
178 and Fairfax Road does not meet the requirements for a traffic
signal or street lighting at this time. However, there is a
provision in the Traffic Manual which states that if the City
proves by studies that the warrants will be met within 5 years
that the State would participate in the installation of street
lights. At this time Public Works Department is working on that
Bakersfield, California, February 13, 1980 - Page 7
particular report. It should be finished within a couple o£ weeks
and, hopefully, the City can convince the State street lights
should be installed at that intersection.
Councilman Christensen requested a status report on the
Truxtun Avenue Extension and the Chester Avenue Undercrossing.
Director of Public Works Hawley stated the Truxtun
Avenue Extension project is out for bid and the bids will be
opened on February 26, 1980. After the bids are opened the
summary will be submitted to the State for their approval prior
to submitting it to the Council for award of the contract. Hope-
fully, this can be accomplished within a week or two after February
26, 1980. That project includes a grade separation, underpass,
three structures across the canal and 3 to 3~ miles of street
construction. The plan, at this time, is to connect to Oak Street
at grade, however, studies are being conducted to determine how
the traffic will get from Truxtun Avenue to the downtown area.
Regarding the Chester Avenue Undercrossing, it is the
staff's understanding that the right-of-way appraisals for that
project have just been completed and will be presented to the
Separation of Grade District Board at their next meeting one week
from Thursday, February 21, 1980. Hopefully, at this meeting the
Board will authorize the appraisers to begin the acquisitions. The
three party agreement between the City, County and Separation of
Grade District is still being processed. Presently it is being
reviewed by the County Counsel. It will be necessary for all
three agencies to approve that agreement before actual payments
can be made for the right-of-way acquisitions.
REPORTS
Councilman Payne, member of the Governmental Efficiency
and Personnel Committee, read Report No. 3-80 regarding Ag Water
Department Reorganization, as follows:
Attached to this report is a memorandum from
John Chafin, Ag Water Department Manager,
Bakersfield, California, February 13, 1980 - Page 8
regarding a reorganization of his department.
As pointed out in this memorandum the Ag Water
Department's basic organizational structure has
not changed since the City acquired the Kern
River Facilities from Tenneco in 1976. Since
that time the City has experienced dry, wet,
and normal water years and has a better under-
standing of what is required for an efficient
operation.
The Governmental Efficiency and Personnel Com-
mittee has met with the staff in regards to
this matter and we are in complete agreement
with the Water Department's needs. We are
therefore recommending Council approval of
the following new positions and equipment:
1. Water Supervisor at an annual salary and
benefit cost of $20,873.
2. Pickup truck with a two-way radio at a
cost of $7,200.
3. Account Clerk II at an annual salary and
benefit cost of $16,500.
4. Canal Tender at an annual salary and benefit
cost of $15,750.
With the addition of these positions it is felt
that the City can continue the operation of the
Kern River Facilities and record keeping commit-
ments for the foreseeable future. It is antici-
pated that these new positions will not incur
any additional costs as they have been filled
in the past through overtime, temporary help
and out of classification work by other employees.
If there are any additional costs there are
monies available in the Ag Water Department's
budget which operates on a self supporting
basis.
Upon a motion by Councilman Payne,
and Personnel Committee Report No.
ment Reorganization, was accepted;
Account Clerk II and Canal Tender,
a Pickup Truck with a two-way radio,
Governmental Efficiency
3-80 regarding Ag Water Depart-
new positions of Water Supervisor,
were approved; and purchase of
was approved.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 1-80 regarding Move-On Housing
Demonstration Project, as follows:
One of the major objectives of the Community
Development Block Grant (CDBG) program is to
increase the supply of sound housing through
rehabilitation of currently sub-standard units.
At times, however, it is determined that the
cost to bring certain units up to standard
96
Bakersfield, California, February 13, 1980 - Page 9
condition either is beyond an individual's
ability to pay or it is not feasible due to
existing structural defects.
An alternative to upgrading such a residence
is to demolish the current unit, move on a
unit from another location, and bring it up to
standard on the new site. Often, this can be
accomplished within the financial constraints
previously noted. Successful programs of this
type have been operated in Los Angeles and
Oakland.
Recently, an elderly woman on a fixed income
requested rehabilitation assistance for her
fire-damaged home on Northrup Street. At the
time, she was living in the public housing
project, paying $149 a month rent. It was
determined that needed repairs would total at
least $18,000, making the work infeasible in
terms of income and value of the structure.
At the same time, a unit on Niles Street was
made available under the demolition program.
The estimated cost to move the house, clear
the Northrup Street site, and bring the new
unit up to standard was $9,500. With the
applicant's approval and HUD's concurrence
for this effort as a demonstration project, a
low-interest loan was made for that amount.
Her monthly payment now is $70.26, a reduction
of 50%.
In the course of the work, three items arose,
unforeseen by the contractor and the City re-
habilitation specialist, which had to be
completed in order to ensure a proper job.
When the house was moved, the mover required
the roof cut off at 24' in height. Although
the lumber was saved to be respliced, the
contractor could not guarantee a patch job.
A new roof was installed at a cost of $900.
o
After the contractor replaced the plumbing,
he tested the sewer line and found tree
roots had collapsed the original fiber
pipe. He installed new 4" clay lines at
a cost of $300.
The original house had no off-street parking.
It was learned after work had begun, that
the City zoning required such parking in
this case because o£ the move-on. A drive-
way and apron were put in at a cost of
$975.
The total cost of these unanticipated additions
is $2,175, well below the normal market rate
for the work performed. However, the benefits
derived in terms of demonstrating the viability
of move-on housing to upgrade the housing stock
will be o£ great value to the Community Develop-
ment effort in the City. Three more move-on
properties have been identified which would
Bakersfield, California, February 13, 1980 - Page 10
assist limited-income residents to obtain safe,
sanitary and decent housing at an affordable
cost. Also, the experience with the Northrup
Street project has shown staff what will work,
how it can be done, and what mistakes to avoid
in the future.
THEREFORE, IT IS RECOMMENDED that the City
Council approve a one-time grant of $2,175
to cover the additional expenses incurred in
this move-on housing demonstration project,
utilizing Community Development funds.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 1-80 regarding Move-On Housing
Demonstration Project, was accepted; and one-time grant of $2,175
to cover additional expenses incurred in this Move-On Housing
Demonstration Project, utilizing Community Development Funds, was
approved.
Director of Fire & Development Services Needham stated
each Councilman has been presented with a list of individuals who
are willing to serve on the Complete Count Committee for the 1980
Census and it is being requested that the following persons be
considered:
Mr. Bob Ashbeck, California Association of the
Physically Handicapped.
Georgia Hysaw, Oro Vista Housing Committee.
Kathy Bates, Senior Citizen Gazette.
Ramon Garza, KWAC Radio.
Lynn Noel, TV Channel 23.
Joe Coley, California Observer.
Bernice Bonillas, Mexican American for Political
Action, Chicanos Unidos for Progress.
Margaret Grant, Governor's Council for Chicano
Women's Conference, E1Concilio Latino De Kern.
Victor Garcia, Affirmative Action Officer
Bakersfield College District, Chicanos Unidos
for Progress.
Shirley Davidson, Links Incorporated.
Rueben Hernandez, Bakersfield College, MECHA,
Chicano Cultural Center.
Roberto Tafoya, Attorney, Ola Raza, Inc., Legal
Information Center.
98
Bakersfield, California, February 13, 1980 - Page 11
Upon a motion by Councilman Barton, the list of persons
whose names were submitted to serve on the Complete Count Committee
for the 1980 Census, was approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4116 to 4229,
inclusive, in the amount of $205,653.36.
(b)
Claim for Damages from Regina L. Jackson,
1021 "Q" Street, Bakersfield. (Refer to
City Attorney)
(c)
Claim for Damages from Virginia D. Gordon,
3207 Harmony Drive, Bakersfield. (Refer
to City Attorney)
(d)
Application for Permission to Present a
Claim Not Timely Presented by Marvin
Taylor on behalf of Jay Nevin Taylor,
2701 Buena Vista Avenue, Bakersfield.
(Refer to City Attorney)
(e)
Claim for Damages from State Compensation
Insurance Fund on behalf of Adam N.
Bratchef employee of Trans-West Securities.
(Refer to City Attorne)
(f)
Claim for Damages from Joseph Mooney, 121
East 21st Street, Bakersfield. (Refer to
City Attorney)
(g)
Storm Drain and Sewer Line Easement from
Golden Coast Development and Audax Asso-
ciates Corporation for the Bernard Street
Drainage Site, located south of Bernard
Street and east of Mr. Vernon Avenue.
(h)
Map of Tract No. 4218 and Improvement
Agreement with Farm Financial, Inc., for
construction of improvements therein,
located south of Planz Road between Stine
Road and Akers Road.
(i) Plans and Specifications for construction
of Benton-Holden Storm Drain.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h) and (i) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Barton, Christensen,
Means
Noes: None
Absent: Councilman Strong
Bakersfield, California, February 13, 1980- Page 12
Councilman Miller stated that at the Council Meeting of
January 30, 1980, the Council approved a motion directing the City
Clerk to submit a transcript of that portion of the General Plan
Amendment hearing pertaining to Segment 9 - East Bakersfield
Associates. The Clerk prepared and submitted a transcript of a
portion of that hearing on Segment 9, which is adequate.
Councilman Miller made a motion that the transcript of
a portion of the hearing on the General Plan Amendment pertaining
to Segment 9 - East Bakersfield Associates, held January 30, 1980,
be accepted. This motion was unanimously approved.
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Profit
Production for Litter Picking Machine, was accepted and the other
bid rejected.
NEW BUSINESS
Adoption of Resolution No. 11-80 of
the Council of the City of Bakers-
field supporting State Legislation
to amend the laws relating to
Pornography and the abatement of
Pornographic Matter.
This resolution responds to the recommendation made by
the City Council at its meeting of January 30, 1980, in which the
Council requested the City Attorney to contact the District
Attorney's Office and prepare legislation to amend the State's
Pornography laws.
Upon a motion by Councilman Barton, Resolution No. 11-80
of the Council of the City of Bakersfield supporting State Legis-
lation to amend the laws relating to Pornography and the abatement
of Pornographic Matter, was adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Barton, Christensen,
Means
Noes: None
Absent: Councilman Strong
100
Bakersfield, California, February 13, 1980 - Page 13
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties in the City of Bakersfield
located on the north side of the
easterly extension of Auburn Street
and making findings in connection
with P.U.D. Zone.
The application for this amendment was made by Michael
Callagy and would change subject property from an R-1 (One Family
Dwelling) Zone and an R-3-D (Limited Multiple Family Dwelling -
Architectural Design) 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
those certain properties in the City of Bakersfield located on the
north side of the easterly extension of Auburn Street and making
findings in connection with P.U.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.60.010 relative
to Appeals to the City Council as a
result of action by the Planning
Commission with respect to Tentative
Subdivision Maps.
This change to the appeal procedure for Tentative Maps
is a result of a finding by the California Supreme Court that
adjoining property owners to a subdivision have a protected
interest in subdivision approvals. The present Municipal Code
section only provides for appeals by the subdivider. This amend-
ment provides for an appeal from the Planning Commission decision
by any interested person adversely affected by such decision.
First reading was considered given an Ordinance of the
Council of the City o£ Bakersfield amending Section 16.60.010
relative to Appeals to the City Council as a result of action by
Planning Commission with respect to Tentative Subdivision Maps.
101
Bakersfield, California, February 13, 1980 - Page 14
HEARINGS
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Fairview No. 1," proposed to be
annexed to the City of Bakersfield.
This hearing has been duly advertised and the property
owners have been notified as required by law.
This is an uninhabited annexation containing 477.8 +
acres of land located on the south side of Fairview Road, approxi-
mately ~ mile east of South "H" Street.
A letter was received from the Board of Trustees of
Greenfield Union School District, 1624 Fairview Road, dated
February 6, 1980, regarding this annexation.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Ronald Sponberg, representing Atlantic Richfield
Company, 4121 South "H" Street, spoke in opposition to the Fairview
No. i Annexation and submitted a written protest. Mr. Sponberg
stated if the proper formula had been used by the Kern County
Assessor in tabulating the value of land owned by Atlantic Richfield
Company it would have been found that they own at least 50% of the
total tax assessed value in Fairview No. i Annexation.
Mr. Gregory Bynum, Real Estate Appraiser and Property
Consultant for Karpe-Fisher Company and retained by Atlantic
Richfield Company to evaluate their ownership position with respect
to assessed valuation in the Fairview No. i Annexation, stated
they oppose the way in which the assessed valuation for Greenfield
Junior High School and Greenfield School District Administration
and Bus Maintenance Facilities were calculated with respect to
Proposition 13 and State Property Tax Codes. On the basis of the
letter submitted by the Kern County Assessor and information
collected by the firm of Karpe-Fisher Company speci£ic conclusions
102
Bakersfield, California, February 13, 1980 - Page 15
have been made that would lead them to believe Atlantic Richfield
owns at least 50%, if not more, of the assessed valuation in the
annexation area. Mr. Bynum then outlined the method he used to
reach his conclusions.
Mrs. Lucille Hartman, ll01 West Panama Lane, wondered
why they were included in the Fairview No. 1 Annexation and she
also felt this area is inhabited not uninhabited.
No further protests or objections being received, Mayor
Hart closed the public portion of the hearing for Council delibera-
tion and action.
Upon a motion by Councilman Barton, the annexation of
uninhabited territory known as "Fairview No. 1," was continued
for 30 days in order to allow the staff time to evaluate the
protests, by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Miller, Payne,
Means
Ratty, Barton, Christensen,
None
Councilman Strong
Councilman Christensen stated the Council received a
memorandum from the City Attorney regarding operators of adult
bookstores and theaters in the City of Bakersfield and the lessee
is listed but not the lessor and he would request that information.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:30 P.M.
M YA~i~f fhe~it'y of ~akersfield,
Calif.
ATTEST:
CITY~ERK and~ Ex~fficio Clerk of the Council
of the City of Ba~rsfield, California
ma
103
Bakersfield, California, February 20, 1980
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., February 20, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present:
Absent:
Mayor Hart.
None
Minutes of the regular meeting of February 13,
Councilmen Payne, Ratty, Strong, Barton,
Christensen, Means, Miller
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Richard Traugh, 3618 Teal Street,
1980 were
owner of Dick's
Coin Shop and representing the Coin Dealers of Bakersfield, re-
quested clarification of Emergency Ordinance No. 2547 adopted on
February 6, 1980.
Mr. Fred Shaffer, owner of The Stamp and Coin Shop,
1027 Baker Street, stated if this ordinance is enforced, as it is
now written, 95% of the stamp and coin dealers will be out of
existence immediately.
During discussion, Councilman Ratty made a motion that
the matter of the coin and stamp dealers' problems with Emergency
Ordinance No. 254?,relative to Secondhand Dealers, be referred to
the Business Development and Parking Committee.
Councilman Payne offered a substitute motion that the
matter of the coin and stamp dealers' problems with Emergency
Ordinance No. 2547, relative to Secondhand Dealers, be referred to
the Business Development and Parking Committee for a public
committee meeting to be held at 5:30 P.M., Monday, February 25,
1980, in the Council Chambers of City Hall. This motion was
unanimously approved.
Councilman Barton requested that the staff notify the
news media and the coin and stamp shop owners of the public
Business Development and Parking Committee meeting.
_04
Bakersfield, California, February 20,
1980 - Page 2
CORRESPONDENCE
Upon a motion by Councilman Miller, memorandum from the
City Attorney, dated February 14, 1980, regarding letter of the
Loyal Order of Moose relative to Pull Tabs for Bingo Games and
notifying the Council they cannot be used, was received and
ordered placed on file. A copy of this memorandum has been sent
to the Loyal Order of Moose.
Upon a motion by Councilman Means, communication from
Carpenter, Kuhn & Williams, Accountancy Corporation, 200 New Stine
Road, dated February 18, 1980, requesting that their firm be con-
sidered for the annual audit of the City of Bakersfield for Fiscal
Year ending June 30, 1980, was received and referred to the
Budget Review and Finance Committee for study and recommendation.
COUNCIL STATEMENTS
Councilman Payne announced that he appointed Gloria
Meier, 1509 Bridgeport Lane, and Robert M. May, 2105 Benton Street,
to the Ad-Hoc Advisory Committee to study the problems at Stock-
dale Villa Mobilehome Park.
Councilman Miller announced that he appointed Mr. Steve
Morrow, 1801 Panorama Drive, #27, to the Charter Review and
Advisory Commission replacing Mrs. Jill Haddad.
Councilman Ratty announced that he appointed David L.
Brown, 2532 Bay Street, and Mel L. Gardiner, 5201 Lowen Avenue,
to the Ad-Hoc Advisory Committee to study the problems at Stockdale
Villa Mobilehome Park.
Councilman Means announced that he appointed Sharon
Haggarty, 2216 "D" Street, and Rosalio Banales, 1601 Los Robles
Drive, to the Ad-Hoc Advisory Committee to study the problems at
Stockdale Villa Mobilehome Park.
Councilman Barton announced that he appointed Richard H.
Hixman, 2117 Castro Lane, to the Ad-Hoc Advisory Committee to study
the problems at Stockdale Villa Mobilehome Park.
105
Bakersfield, California, February 20,
1980 - Page 3
Councilman Miller announced that he appointed Bill
Bratton, 12016 Davis Cup Court, and Nathan M. Krevitz, 3000 - 21st
Street, to the Ad-Hoc Advisory Committee to study the problems at
Stockdale Villa Mobilehome Park.
Councilman Payne urged the Councilmen who have not made
their appointments to the Ad-Hoc Advisory Committee to study the
problems at Stockdale Villa Mobilehome Park to please to do as
soon as possible so a meeting can be held.
Councilman Miller questioned the staff regarding the
opposition to Fairview No. 1 Annexation presented by the Atlantic
Richfield Company at the hearing held February 13, 1980.
City Attorney Hoagland stated that Atlantic Richfield
Company's opposition to the Fairview No. 1 Annexation is being
evaluated by the staff at the present time.
REPORTS
Director of Fire & Development Services Needham reported
on the Downtown Shopping Center. The preliminary appraisals have
been taking place for the last two months. The whole team of
comdemnation attorneys and their staffs, appraisers, property
buyers, relocation experts, etc., have been assembled to prepare
the proper documents and research. The actual appraisals are
going on at the present time and should take approximately three
to five months to complete. The bond attorney and consultant are
working on a prospectus and materials that have to be developed for
the bond sale. It has been suggested by the consultants that the
bond sale may be in two issues.
During discussion, Councilman Christensen asked if the
hotel complex is still in the machinery, has a contract been entered
into and what has happened to it because it has been on the books
for 4½ years.
Director of Fire & Development Services Needham stated
the hotel's exclusive rights to negotiate was agreed to by the
106
Bakersfield, California, February 20, 1980 - Page 4
Redevelopment Agency this past year with the developers. There
have been complications and no agreement has been signed at this
point in time. The developers are trying to solve the problems.
Councilman Christensen asked, for the record, if it was
possible the shopping center could follow the same route.
Director of Fire & Development Services Needham stated
no.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4230 to 4426,
inclusive, in the amount of $349,100.92.
(b) Claim for Damages from Farmers Insurance
Group, Inc. (Refer to City Attorney)
(c)
Application for Leave to Present Late
Claim for Injuries, Damages and Property
Loss from David William Powers, c/o
George A. Boyle, Attorney at Law, 416
Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
(d)
Notice of Completion and Acceptance of
Work for construction of Training Tower
for City of Bakersfield and Kern County
Fire Departments - Contract No. 79-145
with Charles H. Miller.
(e)
Application for Encroachment Permit from
B. D. Denton for property at 1706 Chester
Avenue (Haberfelde Building) for planting
trees in sidewalk area around the Haber-
felde Building. The Public Works Depart-
ment recommends approval of the application,
subject to the following:
Spacing and type of tree must be
approved by the Parks Superintendent.
A 45° sight clearance shall be pro-
vided at all corners and driveways,
as shown on the plans.
Trees shall be of sufficient size and
shall be maintained by the owner to
provide sufficient clearance for
pedestrian traffic.
(f)
Plans and Specifications for construction
of Wheelchair Ramps near the San Joaquin
Community Hospital.
Bakers£ield, Cali£ornia,
February 20, 1980 - Page 5
107
(g)
Contract Change Order No. I to Contract
No. 79-189 with Granite Construction
Company for construction o£ Curb and
Gutter in the Lowell Addition area.
This Change Order is necessary to re-
move and replace a portion o~ the curb
and gutter which was installed at an
improper grade. The improperly installed
curb and gutter would have necessitated
reconstruction of an inordinate amount of
sidewalk, driveways and existing pavement
adjacent to the curb and gutter. The
least costly method of correcting the
problems is to remove and replace the
curb and gutter. Community Development
Funds are available for this additional
work. This Change will increase the
contract amount from $85,270 to approxi-
mately $110,000.
(h)
Contract Change Order No. 1 to Contract
No. 79-112 with Galland Electric Company
for construction of Tra££ic Signal
Systems at various locations. This
Change Order is necessary to construct
signal £ootings in the basements at the
southeast corner of 20th Street and
Chester Avenue and southeast corner of
21st Street and Chester Avenue. Other
possible locations could not be used due
to location o~ basements and other
existing improvements and utilities in
the area. This Change Order of $5,600
will increase the contract amount to
$184,700.
(i)
(J)
Upon
(d), (e), (~),
adopted by the
Request from Larry J. Martin, President
of the Helfac Corporation, for an amend-
ment to the General Plan £or commercial
use of property located at the northeast
quadrant o~ the intersection of 40th and
"Q" Streets. (Refer to Planning Com-
mission for study and recommendation)
Request from Frank and Tony Delfino £or
annexation of property bounded on the
north by Panama Lane, on the west by
Akers Road and on the south by the Arvin-
Edison Canal, containing approximately
35 acres of land. (Refer to Planning
Commission for study and recommendation)
a motion by Councilman Miller, Items (a), (b), (c),
(g), (h), (i) and (j) of the Consent Calendar, were
£ollowing roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
108
Bakersfield, California, February 20, 1980 - Page 6
ACTION ON BIDS
Upon a motion by Councilman Payne, low base bid of G.C.A.
Blasting and Drilling for construction of a 21-Inch Sewer in
District Boulevard at Ashe Road, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Granite
Construction Company for construction of Asphalt Concrete Pavement
on Monitor Street north of Calcutta Drive, was accepted, the other
bid rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low base bid of J. L.
Denio Incorporated for construction of Elm Street Storm Drain north
of Joshua Court, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Joel B.
Mundorf for construction of Fire Station No. 9 located south of
Ming Avenue and east of Gosford Road, was accepted, all other bids
rejected, the Mayor was authorized to execute the contract and
$120,000 budgeted for upgrading the Firemen's quarters at Fire
Station No. l, was approved to be used for the construction of
Fire Station No. 9.
Upon a motion by Councilman Ratty, all bids for Annual
Contract for Tires and Tubes, were rejected; and the City will
participate in the State contract, at a cost of $61,764.64, with
B. F. Goodrich Tire Center of Bakersfield, and the Finance Operations
Manager was directed to sign and deliver all necessary requests and
other documents as authorized in Resolution No. 27-79.
Upon a motion by Councilman Payne, bid of Valley Tree
and Construction for demolition of various sites, was accepted.
DEFERRED BUSINESS
Adoption of Ordinance No. 2548 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the north side
of the easterly extension of Auburn
Street and making findings in con-
nection with P.U.D. Zone.
109
Bakersfield, California, February 20, 1980 - Page 7
The application for this amendment was made by Michael
Callagy and would change subject property from an R-1 (One Family
Dwelling) and an R-3-D (Limited Multiple Family Dwelling - Archi-
tectural Design) Zones to a P.U.D. (Planned Unit Development)
Zone.
Upon a motion by Councilman Miller, Negative Declaration
and Ordinance No. 2548 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of those certain properties in
the City of Bakersfield located on the north side of the easterly
extension of Auburn Street and making findings in connection with
P.U.D. Zone, finding said zoning consistent with the General Plan,
were adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
Adoption of Ordinance No. 2549 New
Series of the Council of the City of
Bakersfield amending Section 16.60.010
relative to Appeals to the City
Council as a result of action by the
Planning Commission with respect to
Tentative Subdivision Maps.
Upon a motion by Councilman Payne, Ordinance No. 2549
New Series of the Council of the City of Bakersfield amending
Section 16.60.010 relative to Appeals to the City Council as a
result of action by the Planning Commission with respect to
Tentative Subdivision Maps, was adopted by the following roll call
vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
Bakersfield, California, February 20, 1980 - Page 8
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 2217
"E" Street.
The application for this amendment was made by Robert
Lumis and would change subject property from an R-3
Multiple Family Dwelling) Zone to a C-O Commercial
Office), or more restrictive Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 2217 "E" Street.
Approval of Agreement between the
City of Bakersfield, County of Kern
and the Greater Bakersfield Separation
of Grade District designating the
areas of responsibility for each
agency relative to the Grade Separation
Project at the Chester Avenue/Southern
Pacific Railroad intersection.
The estimated project cost is $4,400,000 and the local
share of the cost is $440,000. The District will pay $100,000
of the local share and the City and County will equally share the
remaining $340,000.
In addition, funds are necessary during the course of
the project to meet cash flow requirements. These funds will also
be equally shared by the City and County. The total amount
necessary is $1,800,000 for the duration of the project. These
funds will be reimbursed to the City and County after completion
of the project and upon the City's application and State approval
for a supplemental allocation. The supplemental allocation is not
a 100% certainty, but historically they have been approved as a
top priority in the next fiscal year following receipt of an
application.
Bo
(Limited
and Professional
Bakersfield, California, February 20, 1980 - Page 9
111
Councilman Christensen stated the City has reserved
$500,000 of its recent State Bail-Out Funds for its share of the
up-front money needed to meet cash flow requirements during the
1979-80 fiscal year. Since the City still has some Bail-Out Funds
which are uncommitted, it is recommended that a portion of these
funds be reserved to pay the remaining $400,000 needed during the
course of the Chester Avenue Project. Councilman Christensen also
stated that Director of Public Works Hawley has informed him that
the County approved their portion of the contract.
Upon a motion by Councilman Christensen, Agreement between
the City of Bakersfield, County of Kern and Greater Bakersfield
Separation of Grade District designating the areas of responsibility
for each agency relative to the Grade Separation Project at the
Chester Avenue/Southern Pacific Railroad intersection, was approved,
the Mayor was authorized to execute same and authorization was
granted to place the additional $400,000 of State Bail-Out Funds
into a trust account to be utilized as the City's up-front
for the Chester Avenue Undercrossing.
Council,
adjourned at 8:55 P.M.
funding
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
ATTEST:
CITY~ERK~~Of~icio Clerk of the Council
of t'he City of ~akersfield, California
ma
Bakersfield, California, February 25, 1980
Minutes of a special meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 5:30 P.M., February 25, 1980.
The meeting was called to order by Mayor Hart,
the City
of City
followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Ratty (seated at 5:36 P.M.),
Barton, Christensen, Means, Miller, Payne
Absent: Councilman Strong
This special meeting was not taped.
This special meeting was called for the purpose of
discussing the problems with Emergency Ordinance No. 2547 relative
to Secondhand Dealers with coin and stamp dealers' located in the
City of Bakersfield.
The following persons addressed the Council:
Mr. Richard Traugh, 3618 Teal Street, owner of
Dick's Coin Shop.
Mr. Fred Shaffer, owner of The Stamp and Coin
Shop, 1027 Baker Street.
Mr. Jim Duke, J & J Coin Company, 608 18th
Street.
Mr. Thomas Clark, Attorney.
Mr. Marvin Lipco, Alan's Jewelry & Loan, 1223
19th Street.
Mr. Melvin Magnus, Attorney at Law.
Councilman Means stated that due to the confusion as
to whether this is a Special Council Meeting of Special Meeting
of the Business Development and Parking Committee he would make
a motion that no action be taken at
motion was unanimously approved.
Mayor Hart announced that
this Special Meeting. This
he appointed Dean Gay, 100
Westbluff Court, to act as Chairman of the Ad-Hoc Advisory
Committee to study the problems at Stockdale Villa Mobilehome
Park.
Bakersfield, California,
February 25,
1980 = Page 2
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 6:45 P.M.
ATTEST:
oCfITtYhCeLcEit~Ky~ai~fd BEaXkeO~d,Cl~ar~ki~ofr~tihae Coul~cil
Bakersfield, California, March 5, 1980
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 5, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Strong, Barton, Christensen,
Means, Miller, Payne, Ratty
Absent: None
Minutes of the regular meeting of February 20, 1980 and
special meeting of February 25, 1980 were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Dick Traugh, Dick's Coin Shop, 1616 South Chester
Avenue, spokesman for the coin and stamp dealers of Bakersfield,
thanked the Council for hearing them at the last meeting and
circulated copies of an excerpt from the State of California
Business and Professions Act, Section 21627, "Identifiable"
Defined. He stated the dealers he represents feel they do not
fall under City Ordinance No. 2547 as they are not buying any
scrap gold or silver and are regulated by the State Corporations
Commission.
Mr. Dan Paves, representing Robert B. Lumis, 116 Chester
Avenue, requested the Council to return the proposed Ordinance
changing the Land Use Zoning on property known as 2217 "E" Street
to the Planning Commission for rehearing, with the request that
the D Overlay stipulation be removed from the original rezoning
request.
Upon a motion by Councilman Payne, action on this
Ordinance was deferred until the meeting of March 12, 1980.
Ms. Paula Freeborn, Executive Director with the Mental
Health Association, submitted a Resolution and requested the
Council's endorsement of the Application for LEAA funding of the
Mental Health Association of Kern County, Alliance on Family
Bakersfield, California, March 5, 1980 - Page 2
115
Violence, and stated that Councilman Christensen had agreed to
sponsor this.
Adoption of Resolution No. 12-80
of the Council of the City of
Bakersfield Supporting the Concept
and Goals of the Application for
LEAA Funding of Mental Health
Association of Kern County,
Alliance on Family Violence.
Councilman Christensen read the Resolution and requested
it be made a part of the record, as follows:
WHEREAS, family violence is being considered one
of the major social problems of our society; and
WHEREAS, both male and female members are often
victims of family violence; and
WHEREAS, family violence creates an unfavorable
environment for children; and
WHEREAS, crimes of violence in the home are costly
to the taxpayers in the form of police protection,
medical treatment, and the breakup of households;
and
WHEREAS, the mental Health Association of Kern
County, Alliance on Family Violence, was organized
to prevent family violence and offer counseling
and assistance to families suffering from the
effects of this type of violence; and
WHEREAS, the Mental Health Association of Kern
County, Alliance on Family Violence, is a
privately funded, nontax-supported association
staffed by professional volunteers; and
WHEREAS, the Mental Health Association of Kern
County, Alliance on Family Violence intends to
apply for LEAA funds for a program to aid in
the prevention of family violence, as described
in Exhibit "A" attached hereto; and
WHEREAS, funding by the LEAA will require no
expenditure of City funds, and any requirement
for matching funds will be fulfilled by the
Mental Health Association of Kern County,
Alliance on Violence.
NOW, THEREFORE, BE IT RESOLVED by the Council
of the City of Bakersfield as follows:
That the Council of the City of Bakersfield
supports the concept and goals of the application
for LEAA funding, attached hereto as Exhibit "A",
of the Mental Health Association of Kern County,
Alliance on Family Violence.
Bakersfield, California, March 5,
1980 - Page 3
Upon a motion by Councilman Christensen, Resolution
No. 12-80 of the Council of the City of Bakersfield Supporting
the Concept and Goals of the Application for LEAA Funding of
Mental Health Association of Kern County, Alliance on Family
Violence, by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne,
Noes: None
Absent: None
Ratty
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Louise B. Armstrong, 1417 South Real Road, dated February 19,
1980, regarding collection of masterpiece paintings by the late
Harry C. Smith, was received and referred to staff and appropriate
committee for study and recommendation.
Upon a motion by Councilman Ratty, communication from
Butler, Chambers & Hughes, Civil Engineering, Surveying & Land
Planning, 254 "H" Street, dated February 22, 1980, withdrawing
their request for abandonment of 5 feet of an Alley adjacent to
the boundaries of Tract No. 3406 (which request was never received
by the City Council) was received and placed on file.
Upon a motion by Councilman Means,
Fox & Company, Certified Public Accountants,
Drive, Bakersfield, dated February 27, 1980,
firm be considered for award of the contract
communication from
5335 Business Center
requesting their
to audit the records
and accounts of the City for the year ending June 30, 1980, was
received and referred to the Budget Review & Finance Committee
for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Robert Padilla, 1919 Williams Street, Bakersfield, dated
February 27, 1980, regarding parking requirements at his leased
building at 1315 - 20th Street and requesting a hearing before
the City Council, was received and referred to the Business
Bakers£ield, California, March 5, 1980 - Page 4
117
Development and Parking Committee for study and recommendation.
Councilman Christensen requested that Mr. Padilla be notified
of the Committee's meeting date in order that he might attend.
Upon a motion by Councilman Barton, communication from
Brenda Lowe, 2716 Layton Drive, Bakersfield, dated February 29,
1980, commending the Council for enactment of an ordinance
prohibiting display and sale of drug paraphernalia to minors, was
received and placed on file.
Upon a motion by Councilman Barton, communication from
Mr. Hugh Sill, Acting Chairman of the Charter Review and Advisory
Commission, dated March 3, 1980, submitting proposed Charter
Amendment of Charter Section 47.1, was received and placed on file.
Upon a motion by Councilman Ratty, Resolution from the
Greater Bakersfield Chamber of Commerce Governmental Review
Committee and Transportation Committee, dated February 29, 1980,
stating their opposition to any rezoning, other than for commercial[
use, of the property adjacent to the Bakersfield Air Park, was
received and placed on file.
COUNCIL STATEMENTS
Councilman Ratty commented on the Ad Hoc Committee
created by the Council at the meeting of February 13, 1980, to
act as a fact-finding committee to monitor the progress and open
the lines of communication between the mobilehome owners and the
residents at Stockdale VilLa Mobilehome Park and presented the
following Resolution for the Council's consideration and action:
WHEREAS, this Council does not feel it is
within its duty to interfere in what is a
private dispute between a landlord and
tenant; and
WHEREAS, this Council is sympathetic to the
frustrations and economic trials these
mobilehome park renters are facing; and
WHEREAS, the Council feels the marketplace
with freedom of choice is the best answer
to this type of problem;
Bakersfield, California, March 5, 1980 - Page 5
THEREFORE, LET IT BE RESOLVED that it is the
intent of this Council not to intervene in
any way with rent control and
FURTHER that the Ad Hoc Committee be dissolved,
and would so move after Council discussion.
Councilman Means stated he would not support the motion
inasmuch as he felt the process to try to assist the people who
came to the Council for help should be continued.
In response to Councilman Christensen's question,
Councilman Payne stated that at the time he made the motion to
form the Ad Hoc Committee his intention was to have a neutral
body to study the issue, but this has not happened. Therefore,
he would support the motion.
Councilman Miller stated his support of the Resolution.
Councilman Christensen stated it is his belief that
government is a means of reconciling conflict, and the Ad Hoc
Committee should stay with the problem until there is an answer.
Ms. Ruth Gluyas, resident of Stockdale Villa Mobilehome
Park, addressed the Council, stating the residents of the Park
have not asked for rent control but for a fair rent.
Councilman Barton stated that the Council sympathized
with the residents of the Park, but the issue has become polarized
to the point that it appears neither the Ad Hoc Committee nor
anyone else could reconcile the problem at this time. Therefore,
he would support the motion.
Councilman Strong stated that while he supports the
Resolution in principle, he was absent from the Council Meeting
when this issue was heard and made no appointments so it would not
be appropriate for him to vote on the matter one way or another.
He requested the record to show his reasons for abstaining.
Councilman Ratty's motion to dissolve the Ad Hoc
Committee for study of the problems at Stockdale Villa Mobilehome
Park carried by the following roll call vote:
119
Bakersfield, California, March 5, 1980 - Page 6
Ayes:
Noes:
Councilmen Barton, Miller, Payne, Ratty
Councilman Means
Abstaining: Councilmen Christensen, Strong
REPORTS
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 4-80 regarding Salary
Adjustments for Engineers, as follows:
Attached to this report are two memorandums
from Public Works Director Dale Hawley
regarding problems which he is having in
recruiting and keeping qualified engineers.
This matter was discussed by the Governmental
Efficiency and Personnel Committee several
months ago, however, we were of the opinion
at that time that salaries should be adjusted
only during the meet and confer process.
Since that time it has become quite evident
that the Public Works Department is falling
further behind on a majority of their projects.
To date they have completed 50% of their
1979-80 capital improvement projects, (36 of
76). Many projects have been contracted out
to local firms, however, this has also proved
to be less than successful. In most instances
the department has ended up spending almost as
much time on these projects as the contractors
and it has resulted in expensive change orders
and inconvenience to the public.
According to information regarding local wages
in both the public and private sectors, it is
evident that the City is not able to compete
for qualified engineers. Therefore, the
Governmental Efficiency and Personnel Committee
is making the following recommendations for
salary adjustments effective the first pay
period in March, 1980:
Engineer Technician I
Engineer Technician II
Engineer I
Engineer II
Engineer III
Engineer IV
Assistant Public
Works Director
12½% increase
8% increase
10% increase
15% increase
8½% increase
62% increase
8% increase
In order to effectuate these increases, we are
recommending Council approval of the attached
changes in the salary resolution. A transfer
is not necessary as funds are available in the
Public Works Department salary account due to
vacant positions.
120
Bakersfield, California, March 5, 1980 - Page 7
Upon a motion by Councilman Strong, Governmental
Efficiency and Personnel Committee Report No. 4-80 was accepted.
Adoption of Resolution No. 13-80
of the Council of the City of Bakers-
field amending Resolution No. 58-79,
Salaries and Related Benefits for
Employees of the City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 13-80
of the Council of the City of Bakersfield amending Resolution No.
58-79, Salaries and Related Benefits for Employees of the City of
Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Means
Councilman Payne, Member of the Governmental Efficiency
and Personnel Committee, read Report No. 5-80 regarding Automobile
Mileage Allowance, as follows:
In May of 1974 the City Council approved a
mileage allowance of 17~ per mile when
employees use their own cars for authorized
City business. As the Council is well aware,
automobile costs have sky rocketed over the
past few years. As an example, a recent
national survey indicated car ownership and
operating costs have risen 88% between 1973-
1979.
Attached to this report is a memorandum from
the City's Equipment Superintendent which
indicates the costs of operating a medium
price car over a five year period. According
to this information, it costs 28~ per mile to
operate a car at today's rate and could go up
to 30~ per mile by July, 1980 at the current
inflation rate.
Based on information provided to the Governmental
Efficiency and Personnel Committee regarding
private company lease rates and County and State
reimbursement rates, we are recommending the
Council approve a 9~ per mile increase which
will reimburse employees at a rate of 26~ per
mile. In order to effectuate this change, we
are recommending approval of the attached change
in the compensation res~ution regarding automobile
mileage reimbursement.
Bakersfield, California, March 5, 1980 - Page 8
121
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 5-80 was accepted.
Adoption of Resolution No. 14-80
of the Council of the City of Bakers-
field amending Resolution No. 58-79,
Salaries and Related Benefits for
Employees of the City of Bakersfield.
Upon a motion by Councilman Payne, Resolution No. 14-80
of the Council of the City of Bakersfield amending Resolution No.
58-79, Salaries and Related Benefits for Employees of the City
of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Miller, Payne, Ratty
Noes: None
Absent: Councilmen Christensen, Means
Councilman Barton, Chairman of the Business Development
Parking Committee, read Report No. 2-80 regarding Towing Service
Charges - Proposed Rate Increase, as follows:
and
On November 9, 1979, the Council was asked to
review a proposal made by various towing firms
in and around Bakers£ield to increase towing
rates as it relates to the emergency road
services provided to the City when requested
by the police department.
In order to check the validity of their proposal
the police department conducted a cost survey of
other cities. The survey indicated that the
existing towing fee structure in the City is
considerably lower than other southern San Joaquin
Valley cities such as Fresno, Visalia and Modesto.
In addition, fuel rates have increased 2 fold since
the rates were last adjusted in March of 1977.
Therefore it is recommended that the following
rates be established and that the City Attorney's
O££ice be instructed to amend the existing City
resolution No. 23-77 to reflect the new fees.
In addition we ask that the new resolution be
placed on the next CouncS1 agenda.
All towing within a 5 mile radius $35.00
Each mile beyond 5 miles 2.50
Storage per day 4.00
Dollies 15.00
For setting overturned vehicles on wheels 15.00
Stand by time xxx
**$5.00 £or each 15 minutes after
the first 15 minutes
Service calls (to open holidays and between
midnight and 8:00 a.m.) 15.00
1o 2
Bakersfield,
California,
March 5,
1980 - Page 9
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 2-80 was accepted and the recom-
mendations approved.
City Attorney Hoagland made a recommendation to support
the City of Tiburon, in response to a recent communication from
the Mayor of Tiburon, to the extent of $500 to help defray legal
costs in a suit before the U. S. Supreme Court. The City of
Tiburon had been sued for damages by a property owner in a zoning
change, and the California Supreme Court upheld the City. The
matter is now going to the U. S. Supreme Court and it is important
to cities to have that body decide the same as the California
Supreme Court, otherwise cities could be clogged with lawsuits
on any zone change.
Upon a motion by Councilman Ratty, the Council voted to
defray
support the City of Tiburon to the extent of $500 to help
legal costs in a suit before the U. S. Supreme Court.
The
(a)
(b)
(c)
(d)
(e)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 4427 to 4689,
inclusive, in the amount of $638,256.78.
Claim for Damages from Ruth Nelson, 3500
University Avenue, Bakersfield. (Refer to
City Attorney)
Claim for Injuries and Damages from Georgia
Johnson, c/o George A. Boyle, Attorney at Law,
416 Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
Street Dedications from Tenneco Realty
Development Corporation, providing street
right-of-ways for Gosford Road as required
by Parcel Maps Nos. 5197 and 5700; for
Truxtun Avenue as required by Tracts Nos.
3883 and 4265; for Mohawk Street as required
by Parcel Map No. 5715.
Grant Deed from Challenge Builders, Inc.,
providing for drainage sump, as required by
the Planning Commission for Tract No. 4182,
located west of Hughes Lane, south of
Fairview Road.
Bakersfield, California, March 5, 1980 - Page 10
123
(f)
(h)
(i)
(J)
(k)
(1)
(m)
Pole Line Easement from City to Pacific
Gas and Electric Company, necessary due
to widening of Mount Vernon Avenue at the
new dog pound which requires relocation
of an electric power line.
An Easement for storm drain line purposes
from Betty Grumbles, providing for an
easement over an existing storm drain
line in Parcel Map No. 5615, located
between Columbus Street and Freeway 178,
east of Pasadena Street.
Storm Drain Easement from Tenneco Realty
Development Corporation and Marlo Investment
Company, providing for the connection of
a storm drain between future Dunsmuir Road
with Business Park North, located in Parcel
Map No. 5530, east of California Avenue at
Mohawk Street.
Approval of Plans and Specifications for
the Reconstruction of portions of Dore
Drive, south of Lee Drive, providing new
asphalt concrete pavement and a new P.C.C.
cross gutter on a portion of Dore Drive,
between Geneva Avenue and Lee Drive.
Approval of Plans and Specifications for
Construction of Irrigation System and
Security Lighting in Castle Park.
Improvement Agreement for Parcel Map No.
5656, with Tenneco Realty Development
Corporation, for construction of improve-
ments required by the Planning Commission
with Parcel Map No. 5656, located between
White Lane and Pacheco Road, east of Ashe
Road.
Improvement Agreement for Parcel Map No.
5744, with Norman Lum, for the construction
of improvements required by the Planning
Commission with Parcel Map No. 5744,
located at the northwest corner of White
Lane and Akers Road.
Notices of Completion and Acceptance of
Work on:
(1) Tract No. 4081, Contract No. 79-134
with Tenneco Realty Development Corporation,
located at Kamloops Drive and Laurelglen
Boulevard, completed on February 26, 1980.
(2) Tract No. 4001, Contract No. 79-47
with Regent International, located at
Calcutta Drive and Monitor Street,
completed on February 25, 1980.
(3) Tract No. 4136, Contract No. 79-150
with Tenneco Realty Development Corporation,
located at Ashe Road and White Lane,
completed on February 27, 1980.
Bakersfield, California, March 5, 1980 - Page 11
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
Notice of Completion and Acceptance of
Work on Construction of Storm Drains
in Auburn Street and Panorama Drive,
Contract No. 79-168 with Granite Construc-
tion Company, completed on February 15,
1980.
DELETED
Contract Change Order No. 1 to Contract
No. 79-195 with James G. Francis,
Contractor, for Construction of Asphalt
Concrete Pavement on Laurelglen Boulevard,
providing for the removal, disposal and
replacement of unstable subgrade material,
and also provides for the adjustment of
existing manholes.
Contract Change Order No. 1 to Contract
No. 79-131 with Columbo Construction
Company, Inc. for construction of Pumphouse
building at the Ashe Water System Pumping
Plant No. 1.
Application for Encroachment Permit from
Patriots Enterprises, P.O. Box 9301,
Bakersfield, for construction of wall
extensions extending 1'-10" into right-
of-way on "H" Street at 1326 "H" Street.
Application for Encroachment Permit from
Bakersfield Flower Shop, Inc., 1029 Baker
Street, Bakersfield, for construction of
a sign 14' above sidewalk that extends
9' into right-of-way at 1020 Baker Street.
Request for authorization to retain vehicle
which has been declared surplus. The
Fire Department has a 1/2 ton pickup truck
with service body which has been replaced
through the Equipment Replacement budget,
to be used by the Domestic Water Division.
Request to retain four vehicles in lieu of
sale for Police Training Program instead
of purchasing one new vehicle which was
included in funding for the Training
Program.
Request for annexation to the City of
Bakersfield by Tim J. Banks, representing
Albert Vido, #62 White Lane, of approximately
5.13 acres on the north side of White Lane,
approximately 1/4 mile west of Union Avenue,
bordered on the west and north by a new
subdivision within the City and on the east
by a canal. (Refer to Planning Commission
for study and recommendation)
Request from Butler, Chambers & Hughes,
Civil Engineering, Surveying & Land Planning,
for annexation of property located at 300
Terrace Way. (Refer to Planning Commission
for study and recommendation)
125
Bakersfield, California, March 5, 1980 - Page 12
Upon
(d), (e), (f),
(r), (s), (t),
adopted by the
Ayes:
Noes:
Absent:
a motion by Councilman Miller,
(g), (h), (i), (k), (1),
(u), (v), and
following roll
Councilmen Strong, Barton,
Payne,
None
None
(J),
(w) of the Consent
call vote:
Christensen,
Ratty
ACTION ON BIDS
Upon a motion by Councilman Ratty,
Items (a), (b), (c),
(m), (n), (p), (q),
Calendar were
Means, Miller,
low bid of Granite
Construction Company of Bakersfield for Construction of Truxtun
Avenue Extension, Phase II, between the City Corporation Yard
and Stockdale Highway, was accepted, all other bids rejected,
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Strong, low bid of Granite
Construction Company of Bakersfield for the Base Bid and Alternate
A, for the Construction of Storm Drain and Resurfacing on Portions
of Inyo Street, Brown Street, Flower Street, and Baker Street, was
accepted, all other bids rejected, and the Mayor was authorized
to execute the contract.
Upon a motion by CounciIman Miller, low bid of Genkev
Construction Company of Bakersfield for Construction of University
Park Grading Improvements was accepted, all other bids rejected,
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Operations Manager
was authorized to negotiate a price with Varda Alarm Company, the
only supplier who can provide radio alarms as per specifications,
for radio alarms and accessories.
Upon a motion by Councilman Ratty, low bid from Abate-
A-Weed for Weed Killer and Soil Sterilant was accepted and all
other bids rejected.
1o. 6
Bakersfield, California, March 5, 1980 - Page 13
Upon a motion by Councilman Miller, bid from Familian
Pipe and Supply for Kitchen Appliances for Remodeling Fire
Stations No. 2 and No. 8 was accepted.
Upon a motion by Councilman Miller, Cabinet Work at
Fire Station No. 2 was awarded to Frank's Cabinet Shop and
Cabinet Work at Fire Station No. 8 to Dale's Cabinet Shop, and
all other bids were rejected.
Upon a motion by Councilman Miller, bid from Three Way
Chevrolet for One-Ton Pickup with Service Type Body was accepted,
and transfer of $1,262.42 from Account No. 11-450-7900 to
Account No. 11-451-7200 was authorized.
Upon a motion by Councilman Payne, low bid from Jim
Burke Ford for Four Door Sedans (3 each) for the Fire Department
was accepted and all other bids rejected.
Upon a motion by Councilman Ratty, bid from Three Way
Chevrolet for 18 each Half Ton Pickups was accepted.
Upon a motion by Councilman Ratty, bid from Three Way
Chevrolet for One Ton Cab and Chassis was accepted.
Upon a motion by Councilman Payne, low bid from Central
Valley Supply £or A.C.P. Storm Drains (materials only) was accepted
and the other bid rejected.
Upon a motion by Councilman Miller, low bid of Jimco
Electric Company, Lancaster, California, for construction of
University Park Security Lighting was accepted, all other bids
rejected, and the Mayor was authorized to execute the contract.
NEW BUSINESS
Adoption of Resolution No. 15-80
of Application of the Council of the
City of Bakersfield proposing Proceed-
ings for Annexation of Territory to
the City of Bakersfield, identified
as Annexation No. 281 (Real No. 3).
This is an unhabited annexation of approximately eight
(8) acres of land located south of Stockdale Highway, west of
Bakersfield, California, March 5, 1980 - Page 14
127
Real Road and north of Elcia Drive. The Planning Commission
approved the boundaries on February 6, 1980.
Upon a motion by Councilman Ratty, Resolution No. 15-80
of the Council of the City of Bakersfield proposing Proceedings
for the Annexation of Territory to the City of Bakersfield,
identified as Annexation No. 281 (Real No. 3), was adopted and
referred to the Public Works Department and City Attorney for
submittal to LAFCO by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne,
Ratty
Noes: Councilman Means
Absent: None
Adoption of Resolution No. 16-80 of
Application of the Council of the
City of Bakersfield proposing Proceed-
ings for the Annexation of Territory
to the City of Bakersfield, identified
as Annexation No. 282 (Panama Lane No.
3).
This is an uninhabited annexation of approximately 520
a report is available
he will not approve
acres of land located north of Panama Lane and westerly of Stine
Road. The Planning Commission approved the boundaries on
February 6, 1980.
Upon a motion by Councilman Barton, Resolution No. 16-80
of Application of the Council of the City of Bakersfield proposing
Proceedings for the Annexation of Territory to the City of Bakers-
field, identified as Annexation No. 282 (Panama Lane No. 3), was
adopted and referred to the Public Works Department and City
Attorney for submittal to LAFCO by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne,
Ratty
Noes: Councilman Means
Absent: None
Councilman Means stated that until
regarding the cost to the City for annexations,
any annexations.
Discussion ensued regarding the cost of annexations.
19,8
Bakersfield, California, March 5, 1980 - Page 15
In response to Council inquiry, City Manager Bergen
stated that residential property annexed does not pay for itself
by property taxes, but most commercial property more than pays
its way because of other taxes. He reminded the Council that
about a year ago the City Council, by resolution, restricted .
annexations in areas other than islands or near-is]ands without
an economic analysis. In addition to that, the staff is looking
at the total annexation policy and is in the process of preparing
a report to the Council. We should tell new people talking about
annexations that maybe our policy is going to change. The staff
is very seriously looking at making an evaluation of the necessity
of charging for annexations.
Approval of Amendment to Joint Agencies
Agreement for Construction of Chester
Avenue-Southern Pacific Railroad
Separation Project, Contract No. 80-27.
The County of Kern has requested that paragraph 3 (b)
be amended to clarify the City's and County's obligation to
provide the cash flow funds for the project and outline the steps
to he taken to assure reimbursement of these funds. A letter
from R. S. Holden, County Administrative Officer, to the Board
of Supervisors, County of Kern, dated February 29, 1980, is
entered into the record as the explanation of the intent for the
Amendment to the Agreement,
Upon a motion by Councilman Christensen, Amendment to
Joint Agencies Agreement for Construction of Chester Avenue-
Southern Pacific Railroad Separation Project, Contract No. 80-27,
was approved.
Adoption of Resolution No. 17-80
of the Council of the City of Bakers-
field calling the Nominating Municipal
Election for the Office of Mayor,
providing for the consolidation of said
Election with the Special Municipal
Election for the purpose of submitting
to the electors of the City an Amendment
to the Charter of the City of Bakersfield,
and the State of California Consolidated
Primary Election to be held on June 3, 1980.
Bakersfield, California, March 5, 1980 - Page 16
City Attorney Hoagland explained that the Bakersfield
Charter Review and Advisory Commission has recommended in their
letter, previously received in this meeting, submitting to the
voters a Charter change that would allow the hiring of temporary
employees for federal or state funded programs designed for
training or economic revitalization for a period of 18 months,
as required by Federal law.
Upon a motion by Councilman Means, Resolution No. 17-80
of the Council of the City of Bakersfield calling the Nominating
Municipal Election for the Office of Mayor, providing for the
consolidation of said Election with the Special Municipal Election
for the purpose of submitting to the electors of the City an
Amendment to the Charter of the City of Bakersfield, and the
State of California Consolidated Primary Election to be held on
June 3, 1980, was adopted by the following roll call vote:
Ayes Councilmen Strong, Barton, Christensen, Means, Miller,
Payne
Councilman Ratty
Noes
Absent:
None
Adoption of Resolution No. 18-80 of
the Council of the City of Bakers-
field calling the Special Municipal
Election for the purpose of submitting
to the electors of the City an Amendment
to the Charter of the City of Bakers-
field, providing for the consolidation
of said election with the Nominating
Municipal Election for the Office of
Mayor and the State of California
Consolidated Primary Election to be
held on June 3, 1980.
Upon a motion by Councilman Strong, Resolution No. 18-80
of the Council of the City of Bakersfield calling the Special
Municipal Election for the purpose of submitting to the electors
of the City an Amendment to the Charter of the City of Bakers-
field, providing for the consolidation of said election with the
Nominating Municipal Election for the Office of Mayor and the State
of California Consolidated Primary Election to be held on June 3,
130
Bakersfield,
California,
March 5,
1980 - Page 17
1980, was adopted by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Adoption of Resolution No. 19-80 of
the Council of the City of Bakers-
field requesting the Board of Super-
visors of the County of Kern to order
the consolidation of two City elections,
to-wit: The Nominating Municipal
Election for the Office of Mayor and
the Special Municipal Election for the
purpose of submitting to the electors
of the City an Amendment to the Charter
of the City of Bakersfield, with the
State of California Consolidated Primary
Election to be held on Tuesday, June 3,
1980, setting forth the list of Candidates
for Mayor and the exact form of the measure
to be voted upon at such elections as the
same are to appear on the ballot.
Upon a motion by Councilman Barton, Resolution No. 19-80
of the Council of the City of Bakersfield requesting the Board of
Supervisors of the County of Kern to order the consolidation of
two City elections, to-wit: The Nominating Municipal Election
for the Office of Mayor and the Special Municipal Election for the
purpose of submitting to the electors of the City an Amendment to
the Charter of the City of Bakersfield, with the State of California
Consolidated Primary Election to be held on Tuesday, June 3, 1980,
setting forth the list of Candidates for Mayor and the exact form
of the measure to be voted upon at such elections as the same are
to appear on the ballot, was adopted by the following roll call vote:
Ayes
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes None
Absent: None
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Clement Milazzo, Walters on behalf of Bill Wright
to the decision of the Planning Commission denying their request
Bakersfield, California, March 5, 1980 - Page 18
131
for an Office Building in a C-O-D (Commercial and Professional
O£fice Building - Architectural Design) Zone on the certain
property commonly known as 5555 Business Park South in the City
of Bakersfield.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission denied the request for an Office
Building in a C-O-D Zone on January 16, 1980.
Mayor Hart declared the hearing oepn for public partici-
pation.
Mr. Bill Wright, having a financial interest in this
project, responded to questions of the Council. Principal Planner
Tooker reviewed the project plans.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Hart closed the public portion of
the hearing for Council deliberation and action.
After considerable discussion, upon a motion by Council-
man Ratty, the request of Clement, Milazzo, Walters, on behalf of
Bill Wright, for an Office Building in a C-O-D (Commercial and
Professional Office Building - Architectural Design) Zone on that
certain property commonly known as 5555 Business Park South in the
City of Bakersfield was granted, overturning the decision of the
Planning Commission, with the inclusion of a Hold Harmless Clause,
by the following roll call vote:
Ayes: Councilmen Strong, Barton,
Payne, Ratty
Noes: None
Absent: None
Christensen, Means, Miller,
132
Bakersfield, California, March 5, 1980 - Page 19
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting
was adjourned at 9:45 P.M.
MAYOR~9~f e rsfield,
Calif.
ATTEST:
CITY a Clerk of the Council
of the City of Bakersfield, California
mp
Bakersfield, California, March 12, 1980
133
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 12, 1980.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Reverend
William Few.
The City Clerk called the roll as follows:
Present:
Absent:
Councilmen Barton,
Ratty,
Mayor Hart
Christensen, Means, Miller, Payne,
Strong
Minutes of the regular meeting of March 5, 1980 were
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
the Kern Chapter of the National Red Cross, 239 - 18th Street,
dated March 5, 1980, commending the City Street Department for
their assistance during periods of heavy rains, was received and
ordered placed on file.
COUNCIL STATEMENTS
Councilman Ratty stated Stan Hatch & Parent Company,
Domestic Water Consultants, at the request of the City, has sub-
mitted a letter outlining the circumstances that would be appropriate
for LAFCO to approve an annexation to the Olcese Water District.
Approval of the addition to Olcese Water District should contain
certain conditions that were recommended by the Water Board.
Upon a motion by Councilman Ratty, recommended conditions
to the annexation of the addition to the Olcese Water District,
were approved.
Councilman Christensen requested a status report on the
consolidation of the City and County Fire Departments.
Director of Fire & Development Services Needham stated
that County Administrative Officer Holder, City Manager Bergen
and County & City Fire Chiefs will be meeting Monday, March 17,
134
Bakersfield, California, March 12, 1980 - Page 2
1980, on the matter of presenting a Joint Powers Agreement to the
Intergovernmental Relations Committee for submission to the Council
and Board of Supervisors. The City and County are very close to
an agreement. This agreement wil~ allow a study to take place,
which would recommend the type of action that should be taken and
the amount of savings resulting from consolidation.
Councilman Christensen, referring to a memorandum from
Police Chief Price, dated March 7, 1980, regarding Prostitution
on Union Avenue, stated several citizens have indicated that they
would rather see the Police Department spend more time on major
crimes (burglary and dope), which have increased enormously in the
past several months. There is no doubt that the Council appreciates
receiving the Police Chief's report regarding the increase of
prostitution arrests as compared to last year, however, it would
be interesting for the Council to have a comparison of the burglary
and robbery figures for the same period. Councilman Christensen
requested that the staff bring this to the Police Chief's attention
and thank him for the report on prostitution.
Councilman Christensen stated, regarding the Downtown
Shopping Center, that the schedule of performance indicates the
developer would advance $5,000,000 to the Redevelopment Agency
within 90 days after the signing of the agreement. The agreement
was signed on December 12, 1979, and the 90 day period is up today:.
and he asked if the $5,000,000 has been advanced to the Agency.
The schedule of performance also states the Agency shall seek to
issue bonds or obtain other financing sufficient to acquire the
public parking facility parcel within 90 days after signing of the
agreement. If the Downtown Redevelopment Agency defaults on its
schedule of performance who assumes the fiscal responsibility,
because the Council has been told that if there is a default there
will be no assuming of the debt by the City.
City Manager Bergen stated the developer has not advanced
the $5,000,000. The Redevelopment Agency has not requested bids
Bakersfield, California, March 12, 1980 - Page 3
135
for the sale of bonds. The Consultants will be asked to give a
status report to the Council and Redevelopment Agency within the
next several weeks. The City's Consultant Attorney has informed
the staff the schedule in the agreement was a minimum schedule
and if it takes longer for any step it would just extend the
period. Regarding default, the answer received from the Attorneys
is very simple; after bonds are sold if there is a default it is
the bond holders that would take the risk.
Councilman Christensen asked i£ there is a guarantee that
the City will not lose any money in that shopping center.
City Manager Bergen stated the City has the assurances
of the consultants and it is a matter of law that the City tax-
payer will not lose funds as a result of this project. If the
project stops before the bonds are sold the funds the Agency has
been spending come from tax increments and that is the basis
for saying the general taxpayer will not lose money. If the City
gets into the substantial expenditures, that will be required, it
is the bond holder, at that stage, that takes the major risks.
Councilman Christensen asked when the bonds will be sold.
City Manager Bergen stated when all the preliminary work
is completed, such as, appraisals and bond prospectus, etc. Further-
more, it would not be recommended, with the way the bond market is
today, going out to bid. It would be suggested that the Agency
wait until such time as the market is more favorable for bonds.
Councilman Christensen requested that City Manager and
Executive Director of the Redevelopment Agency Bergen furnish the
Council with a written report showing the total cash flow of tax
monies coming from the entire area of all property within the
Redevelopment Area boundary and that the report include other
sources of money; such as, Federal, State and Local Governments.
REPORTS
Assistant City Manager-Finance Kelmar report on Legis-
lation and Initiatives Affecting City Budget, as follows:
Bakersfield, California, March 12, 1980 - Page 4
Over the last two years state-wide voter
approved initiatives and a number of legislative
acts have posed some serious questions regarding
local government's ability, in the future, to
finance its operations. As we are entering the
period of budget consideration, I felt it would
be helpful for the Council to understand the
significance of these initiatives and legis-
lative acts and how they have or may affect the
City's budget. I also have a selfish motive,
in that, I want the Council to understand the
unknowns and uncertainties the staff is faced
with relative to this upcoming budget.
June 1978 - Proposition 13 was approved:
(a)
Properties are assessed at 1% of market
with a 2% annual growth rate; existing
bonded indebtedness was excluded from
this 1% of market assessment.
(b) Required the reassessment of all prop-
erties to a 1975-76 value.
(c)
Required a 2/3 vote of the electorate to
impose any special taxes (defined only
as taxes other than property).
(d)
Due to assessment practices in Kern
County, residents in this area did not
receive the benefits anticipated as
evidenced by the 70% increase in the
City's secured roll for 1978-79 (this
does include new construction as well).
SB 154 and 2212:
(a)
One year legislation to implement Propo-
sition 13; provided for a method to
distribute property taxes and State
assistance to local government to lighten
impact of reduced property tax income and
thus preserve services.
AB 8 and 1019:
(a)
Represented long term financing solution
to Proposition 13; shifted property taxes
to local governments from the school so
that cities would receive taxes as com-
puted under SB 154 plus 82% of State
assistance (bail-out) on a permanent
basis.
(b)
Recognized the need to give credit to
areas where development occurred in order
to pay for services; resulted in greater
share of property taxes from new growth
going to these areas.
(c)
Contained deflator provision which pro-
vides a method for the reduction in
revenues of business inventory and
Bakersfield, California, March 12, 1980 - Page 5
137
homeowner's exemption, cigarette taxes
and motor vehicle in lieu to local
government where the State's income
falls below certain prescribed levels.
June, 1979 - Proposition 4:
(a)
Establishes annual appropriations limit
for certain revenues based on appropria-
tions for prior fiscal year adjusted for
changes in cost-of-living and population.
(b) Allows for voters to modify limits.
(c)
Requires revenues in excess of appropria-
tions permitted by this measure to be
returned by revision of tax rates or fee
schedules within the next two fiscal years
following the year of excess.
(d)
Poses a great many problems from a tech-
nical standpoint as to its administration;
League of California Cities has had
legislation introduced to clarify all the
many questions; it is not possible as a
result to determine the position of the
City as to this initiative until all these
points are clarified.
Now facing - Proposition 9 in June, 1980:
(a) Cuts State Income Tax by 50%.
(b) Fully indexes State Income Tax permanently.
(c) Eliminates Business Inventory Tax.
(d)
Great deal of discussion and writings
regarding the effect on State government
due to the large loss of revenue; could
affect local government as deflator
mechanism in AB 8 could be triggered or
could reverse tax shift provided for in
AB 8 to help make up lost revenue; a
great deal of uncertainty exists as it
is completely unknown as to what the
legislature will do.
(e)
Impact on 1980-81 budgets could be minimal
as State has indicated they will have more
funds than anticipated available for 1980-
81 and legislation has been introduced to
change effective date, if it passes, from
January 1, 1980 to June 4, 1980 (which
will lessen amount of loss); however full
impact (whatever it may be) probably will
not be felt until 1981-82 budget year.
All of these unknowns and uncertainties brings
us to the City's refuse collection charge,
which was suspended by the Council in June, 1979,
for eleven months. If the Council does not act
by then it will automatically come back in
effect. The Council also indicated the charge
138
Bakersfield, California, March 12, 1980 - Page 6
No. 80-1
follows:
should be reviewed in January, 1980 in relation
to the City's financial picture. Due to the
uncertainties and unknowns which exist in
relation to the initiatives, pending approval
of the Proposition 4 implementation bill and
the existing economic conditions in the area,
I would suggest the Council take no action at
this time on the refuse charge, but wait
another month or so, until the financial
picture becomes clearer.
Councilman Ratty, member of the Water Board, read Report
regarding Acquisition of the Fairhaven Water System, as
The Fairhaven Water System will be located on
the westside of Highway 99 and Rosedale Highway,
and will initially serve 530 acres of in-
corporated and unincorporated land. (See
attached Staff report). Building in this area
is currently being restricted due to inadequate
supply of water for fire protection. As a
result landowners in the County formed the
Fairhaven Industrial Fire Protection District
to provide adequate fire flows and domestic
water. Landowners in the incorporated areas
requested that the City provide a similar level
of service.
Therefore, the City entered into discussions
with the Fairhaven Industrial Fire Protection
District and Fairhaven Mutual Water Company to
combine the water services for efficient
operations. As a result of these discussions
the District and Company have requested that
the City assume ownership operation of the
completed project.
The Fairhaven Industrial Fire Protection District
will finance and construct the initial project,
at a cost of $3.1 million, with assessment bonds
at $5,900.00 per acre. The City will make re-
funds on the assessment bond principle in the
amount of $1,400.00 per acre for excess capacity
of the system; plus an additional $900.00 per
acre if the area annexes to the City and if all
of the water users agree to restricted use of
their private wells. These refunds would be
financed with a developers fee, an Economic
Development Administration Grant, and metered
water revenues. No general funds of the City
will be used.
In addition the City would acquire a portion
of the California Water Service Area at a cost
of $200,000.00; this money would be loaned to
the Fairhaven Water System from Bakersfield
City Water Enterprise funds.
The operation and maintenance of this system
will be contracted out to California Water
Service Company, similar to the contract for
Bakersfield, California, March 12, 1980 - Page
139
City's Ashe Water System. Management of this
contract will be handled by the City's Domestic
Water Staff.
Recommendations of Approval:
The Water Board considers this as a necessary
step in providing water for the future develop-
ment of this area and recommends the Council
accept this report, approve agreement and
authorize the Mayor to execute the agreement.
Upon a motion by Councilman Ratty, Water Board Report
No. 80-1 regarding Acquisition of the Fairhaven Water System, was
accepted.
matter.
Councilman Christensen abstained from voting on this
Upon a motion by Councilman Ratty, Agreement with Fair-
haven Industrial Fire Protection District and Fairhaven Mutual
Water Company for the acquisition, construction, operation and
financing of the Fairhaven Water Distribution System, was approved
and the Mayor was authorized to execute same.
Director of Fire & Development Services Needham recommended
a policy to the Council regarding formal processing of annexations
until the budget picture becomes clearer.
After discussion, upon a motion by Councilman Strong,
Director of Fire & Development Services Needham was directed to
submit the request regarding processing annexations in writing
to the Council for action next week.
Director of Fire & Development Services Needham stated
that it has been suggested the next Workshop Session between the
Council and Planning Commission be set for Tuesday, April 8, 1980,
at 7:00 P.M., in the Venus Room of the Civic Auditorium.
Upon a motion by Councilman Christensen, Workshop Session
between the Council and Planning Commission was set for Tuesday,
April 8, 1980, at 7:00 P.M., in the Venus Room of the Civic
Auditorium.
Auditorium-Recreation Manager Graviss stated that at
last week's Council Meeting an offer was received from Mrs. Louise
B. Armstrong for a collection of art objects and this offer was
140
Bakersfield, California, March 12, 1980 - Page 8
referred to the Auditorium-Recreation Committee. That Committee
met today and decided since the Bakersfield Art Commission is
operating the Art Gallery, under contract with the City, it would
be more appropriate to refer this offer to them.
Upon a motion by Councilman Christensen, offer of Mrs.
Louise B. Armstrong of a collection of art objects, was referred
to the Bakersfield Art Commission for study and recommendation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4690 to 4801,
inclusive, in the amount of $352,927.04.
(b)
Grant Deeds from Tenneco Realty Develop-
ment Corporation providing drainage sumps
located west of Manning Street, north of
Ming Avenue and at the southwest corner
of Half Moon Drive and Savory Lane.
(c)
Grant of Right-of-Way from Southern Pacific
Transportation Company providing the City
with the right to construct an underpass
across railroad property at the inter-
section of Chester Avenue and Southern
Pacific Railroad.
(d)
Pedestrian Easement from Tenneco Realty
Development Corporation providing for a
pedestrian easement between Stolle Court
and North Half Moon Drive in Tract No.
4142, which is located west of Ashe Road
and north of North Half Moon Drive.
(e)
Application for Encroachment Permit from
Tom Powelson and Bob Powelson, 1505
Longway Lane, for construction of a 4
foot masonry and grape stake fence on top
of a 2 foot retaining wall, 2 feet behind
back of sidewalk along Sly Lane at the
northwest corner of Sly Lane and Longway
Lane.
(f) Notices of Completion and Acceptance of
Work for:
Tract No. 3617, Contract No. 78-134 with
Daon Corporation, located at Pacheco Road
and Union Avenue.
Tract No. 4080, Contract No. 79-133 with
Tenneco Realty Development Corporation,
located at North Laurelglen Boulevard and
E1 Portal Drive.
Tract No. 3911 (C),
with Westwind III,
and Fjord Street.
Contract No. 78-122
located at Gemini Court
Bakersfield, California, March 12,
1980 - Page 9
141
(d), (e),
by the
Ayes:
(g)
Parcel Map No. 4905, Contract Nos. 79-2
and 79-49 with Lawton Powers, located at
the northwest corner of Wible Road and
White Lane.
(h)
Plans and Specifications for construction
of Christmas Tree Lane resurfacing, Mr.
Vernon Avenue to Wenatchee Avenue and
Geneva Avenue reconstruction.
Request from J. Stanley Antongiovanni for
annexation of property located along
Panama Lane between Gosford Road and
Stine Road. (Refer to Planning Commission
for study and recommendation)
Upon a motion by Councilman Miller, Items (a), (b), (c),
(f), (g) and (h) of the Consent Calendar, were adopted
following roll call vote:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Miller,
low bid of Pacific
Southwest Landscaping for construction of University Park Irrigation
System, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Miller, low bid of J. L.
Denio for the Base and Alternate A on construction of the Benton-
Holden Storm Drain, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Operations Manager
was authorized to negotiate a price for ten Mobile Radios for the
Fire Department with Motorola Communications.
Upon a motion by Councilman Strong, high bid of St.
Peter's Church for Surplus Property on East Brundage Lane, in the
amount of $23,925.00, was accepted, the other bid rejected, and
the Mayor was authorized to execute the Quitclaim Deed.
14:2
Bakersfield, California,
March 12, 1980 - Page l0
Upon a motion by Councilman Miller, bid of Thomas W.
and Patricia M. Smith for Surplus Property at the City Landfill
property adjacent to Lot 19, Tract No. 3250, in the amount of
$5,250.00, was accepted and the Mayor was authorized to execute
the Quitclaim Deed. A deed restriction will be placed upon the
property to the effect that no buildings or structures of any
kind can be constructed thereon.
DEFERRED BUSINESS
Adoption of Ordinance No. 2550 New
Series amending Title Seventeen of
the Municipal Code by changing the
Land Use Zoning of that certain
property in the City of Bakersfield
commonly known as 2217 "E" Street.
The application for this amendment was made by Robert
B. Lumis and would change subject
Multiple Family Dwelling) Zone to
fessional Office) Zone.
The Planning Commission
property from an R-3 (Limited
a C-O (Commercial and Pro-
approved the C-O zoning, as
Ayes:
Noes: None
Absent: None
requested, advertised and reviewed, with the application of the
"D" Design Overlay.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2550 New Series amending Title Seventeen of the
Municipal Code by changing the Land Use Zoning of that certain
property in the City of Bakersfield commonly known as 2217 "E"
Street, finding said zoning consistent with the General Plan, were
adopted by the following roll call vote:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Adoption of Resolution No. 20-80 of
the Council of the City of Bakers-
field amending the Rate Schedule
pursuant to Section 7.66.170 of the
Municipal Code, applicable to Towing
Service in response to Police Dis-
patch.
Bakersfield, California, March 12, 1980 - Page ll
143
This resolution was requested by the Business Development
and Parking Committee at the Council Meeting of March 5, 1980.
Upon a motion by Councilman Christensen, Resolution No.
20-80 of the Council of the City of Bakersfield amending the Rate
Schedule pursuant to Section 7.66.170 of the Municipal Code,
applicable to Towing Service in response to Police Dispatch, was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen,
Ratty, Strong
Noes: None
Absent: None
Means, Miller, Payne,
NEW BUSINESS
First reading of an Ordinance o£ the
Council of the City of Bakersfield
adding Section 17.52.250 to Chapter
17.52 of Title 17 of the Municipal
Code of the City of Bakersfield
concerning required distance sepa-
rations between human occupancy uses
and uses of property involving the
use of Derricks and amending Section
17.36.020 (f) (1), 17.46.040 (c) (4),
17.48.020 (c) (14) and 17.48.020 (d),
relating thereto.
This proposed amendment was approved by the Planning
Commission on March 5, 1980 and would restrict and regulate
location of certain types of uses for the purposes of providing
for the safety of the people of the City of Bakersfield concerning
required distance separations between human occupancy uses and uses
of property involving the use of derricks.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 17.52.250 to
Chapter 17.52 of Title 17 of the Municipal Code of the City of
Bakersfield concerning required distance separations between human
occupancy uses and uses of property involving the use of Derricks
and amending Sections 17.36.020 (f) (1), 17.46.040 (c) (4), 17.48.020
(c) (14) and 17.48.020 (d), relating thereto.
144
Bakersfield,
California, March 12,
1980 - Page 12
Adoption of Resolution No. 21-80 of
the Council of the City of Bakers-
field supporting Senate Bill 1827
amending the State Laws relating to
Pornography and the Abatement of
Pornographic Matter.
This Senate Bill is the result of the legislation pro-
posed by the District Attorney's Office after having been requested
by the City Council on January 30, 1980.
Upon a motion by Councilman Ratty, Resolution No. 21-80
of the Council of the City of Bakersfield supporting Senate Bill
1827 amending the State Laws relating to Pornography and the
Abatement of Pornographic Matter, to be
State
Ayes:
of California, was adopted by the
Councilmen Barton, Christensen,
Ratty, Strong
Noes: None
Absent: None
sent to all cities in the
following roll call vote:
Means, Miller, Payne,
Approval of Agreement with California
Water Service Company to upgrade Fire
System along Wilkins Street between
Milham Drive and Clyde Street.
As part of the neighborhood revitalization activities
southeast portion of the City, upgrading of the fire
in the
protection system is an integral segment. This agreement is to
install four hydrants and approximately three blocks of improved
fire flow equipment. The Engineer's estimate is $100,000 to be
paid by Community Development Block Grant funds.
Upon a motion by Councilman Strong, Agreement with
California Water Service Company to upgrade Fire System along
Wilkins Street between Milham Drive and Clyde Street, was approved
and the Mayor was authorized to execute same.
Approval of Agreement between the
City and State of California, De-
partment of Transportation,
providing the terms and conditions
for allocation of funds from the
State Grade Separation Fund for
construction of the Chester Avenue-
Southern Pacific Underpass.
145
Bakersfield, California, March 12, 1980 - Page 13
The allocation is in the amount of $2,134,000, which is
80% of the estimated project cost indicated in the nomination.
Upon a motion by Councilman Christensen, Agreement
between the City and State of California, Department of Transportation,
providing the terms and conditions for allocation of funds from the
State Grade Separation Fund for construction of the Chester Avenue-
Southern Pacific Underpass, was approved and the Mayor was authorized
to execute same.
Approval of Engineering Services
Agreement between the City and BPW
Engineers, a Corporation, providing
the terms and conditions for the
study and design of a joint drainage
system in conjunction with the Grade
Separation Project proposed at the
Chester Avenue/Southern Pacific
Railroad intersection.
This project will alleviate the flooding problem at the
traffic circle and wil2 possibly eliminate the need for the existing
drainage sump at 32nd Street and "K" Street.
Total cost of the joint study and design is $26,000.
The estimated cost of the City's share is $10,000. The remaining
$16,000 will be funded as part of the District project cost and
will be funded using the State Grade Separation funds. Funds for
the City's share of the cost are available in the current budget.
Upon a motion by Councilman Ratty, Engineering Services
Agreement between the City and BPW Engineers, a Corporation, pro-
viding the terms and conditions for the study and design of a
joint drainage system in conjunction with the Grade Separation
District Project proposed at the Chester Avenue/Southern Pacific
Railroad intersection, was approved and the Mayor was authorized
to execute same.
Referral of Amendment to City-County
Agreement for the operation of the
Bakersfield Landfill to Business
Development and Parking Committee.
The County is requesting the Sanitary Landfill Agreement
be amended to permit the County the right to open or close the
146
Bakersfield, California, March 12, 1980 - Page 14
Panorama Drive entrance for ingress of covered refuse trucks
operated exclusively by franchised garbage collectors. If this
request is approved, the collectors will be permitted to use the
Panorama Drive entrance only between 8:00 A.M. and 7:00 P.M. It
is estimated that 33,000 gallons of fuel annually could be saved
as a result of this amendment.
Upon a motion by Councilman Miller, Amendment to City-
County Agreement for the operation of the Bakersfield Landfill,
was referred to the Business Development and Parking Committee.
Approval of Consultant Contract with
Ms. Nina Byrne for Comprehensive
Energy Conservation Study under funds
received from Kern COG.
On January 16, 1980, the City Council approved the sub-
mittal of a proposal to Kern COG for the purpose of making a
comprehensive study of energy/energy conservation issues. The
proposal was subsequently approved by the Kern COG Board of
Directors, and the City was directed to submit a final work plan
so that the funds may be disbursed.
In the review of the tasks identified within the pro-
posal and in light of the modest amount of the grant, a plan has
been formulated wherein an organization or consultant will be
selected to coordinate the wide range of activities required under
the grant and to act in a liaison capacity between the City
administrative staff and other participants in this activity.
Several organizations and individuals were interviewed
for the purpose of securing this staff support. Of those inter-
viewed, Ms. Nina Byrne was selected as the best qualified individual
for accomplishing those tasks.
The subject contract will be for a six-month period at a
total cost of $8,250 with a six-month option at an additional cost
of $9,075. A 30-day cancellation clause is included, with either
the City or applicant capable of terminating the contract on a
30-day notice. Funds for this contract are to be disbursed at
bi-weekly intervals.
147
Bakersfield, California, March 12, 1980 - Page 15
Upon a motion by Councilman Means, Consultant Contract
with Ms. Nina Byrne for Comprehensive Energy Conservation Study
under funds received from Kern COG, was approved and the Mayor
was authorized to execute same.
Approval of Program Supplement No.
l0 to Local Agency-State Agreement
No. 06-5109 for the City of Bakers-
field's proposed Federal-Aid Safer-
Off System Project SOS-029(5) on
Geneva Avenue and Christmas Tree
Lane.
This agreement will provide Federal funds and State
matching funds, in the amount of $101,000, for reconstructing
Geneva Avenue and resurfacing a portion of Christmas Tree Lane.
The Engineer's estimate for the project is $117,000. Funds are
budgeted in the current fiscal year for the City's share of the
project cost.
Upon a motion by Councilman Miller, Program Supplement
No. 10 to Local Agency-State Agreement No. 06-5109 for the City
of Bakersfield's proposed Federal-Aid Safer-Off System Project
SOS-029(5) on Geneva Avenue and Christmas Tree Lane, was approved
and the Mayor was authorized to execute same.
Approval of Agreement with Nicholas
Counter III, City's Chief Negotiator,
for employee negotiations for Fiscal
Year 1980-81.
Councilman Strong stated a letter has been received from
Nicholas Counter III setting forth the basis for continuing to be
retained to conduct labor negotiations on behalf of the City of
Bakersfield. This agreement calls for the present retainer
arrangement to be extended for another one year period at a monthly
rate of $1,150.00, which is an increase of $150.00 per month over
last year's agreement.
Upon a motion by Councilman Strong, Agreement with
Nicholas Counter III, City's Chief Negotiator, for employee
negotiations for Fiscal Year 1980-81, at a monthly rate of $1,150.00,
/
was approved and the Mayor was authorized to execute same.
148
Bakersfield,
California,
March 12,
1980 - Page 16
HEARINGS
This is the time set for staff evaluation of protests
received during public hearing on the annexation of uninhabited
territory known as Fairview No. 1.
The public portion of this hearing was closed at the
Council Meeting of February 13, 1980, and continued for 30 days
in order to allow the staff time to evaluate the protests.
This is an uninhabited annexation containing 477.8+
acres of land located on the south side of Fairview Road, approxi-
mately ¼ mile east of South "H" Street.
Director of Fire & Development Services Needham stated
staff has determined that a majority protest has not been made to
the annexation of Fairview No. l, based on all the information
available.
City Attorney Hoagland stated the protests made were
evaluated and it was determined that they were insufficient, based
on all the information, including that proposed by the protestor
or the County Assessor.
Councilman Miller made a motion to adopt the resolution
making finding that a majority protest has not been made and
ordering the territory designated as Proceeding No. 708, Annexation
No. 280 (Fairview No. 1) annexed to the City of Bakersfield.
Mr. Ronald Sponberg, representing Atlantic Richfield
Company, 4121 South "H" Street, stated he made it clear during
the public hearing held February 13, 1980, that their presentation
of information as to the value of the protest was not yet com-
pleted and objected to the Council making a decision without
giving Atlantic Richfield a chance to substantiate their evidence.
City Attorney Hoagland stated the method used by the
County Assessor, and the staff firmly believes it to be the correct
way as opposed to the method proposed by Atlantic Richfield, the
value of the property protesting the annexation was 47.73%. Taking
Bakersfield, California, March 12, 1980 - Page 17
149
the valuation as proposed by Atlantic Richfield, which the staff
felt was not the correct method and has no justification for
authority, came to 49.27% protest. The Attorney for Atlantic
Richfield did not take into consideration the valuation of any
utilities, Southern Pacific Railroad, drainage easements, sewer
easements and canals.
City Attorney Hoagland stated a continuance might be in
order because this issue will not be settled tonight.
Councilman Miller withdrew his motion to adopt the
resolution making finding that a majority protest has not been
made and ordering the territory designated as Proceeding No. 708,
Annexation No. 280 (Fairview No. l) annexed to the City of Bakers-
field.
During discussion, City Attorney Hoagland stated the
staff has informed him that a 30 day continuance of this matter
might be needed.
Mr. Paul Tichenor, land owner in the proposed annexation
area and representing M.T.L. Development Company, a proponent of
the annexation, stated this annexation has been going through the
various hearings, etc., for about a year and Atlantic Richfield
has continually sought to delay the proceedings and they object to
these delays.
Councilman Strong made a motion to continue the proceedings
for the annexation of Fairview No. 1 for 30 days.
City Attorney Hoagland stated he is satisfied, from a
legal standpoint, that the County Assessor is correct and Atlantic
Richfield is incorrect and based upon the figures submitted to
LAFCO he would be willing to recommend approval tonight.
Councilman Payne stated he would like a recess to try
and resolve this matter with Atlantic Richfield tonight.
Councilman Strong withdrew his motion to continue the
proceedings for the annexation of Fairview No. 1 for 30 days.
150
Bakersfield, California, March 12, 1980 - Page 18
Upon a motion by Councilman Payne, a brief recess was
declared at 10:15 P.M. and the meeting was reconvened at 10:30 P.~.
City Attorney Haogland stated the staff and Atlantic
Richfield did not come to any resolution, there would have to be
a more indepth analysis on the matter and he still feels the
proponents have over 50% of the value.
Upon a motion by Councilman Miller, Resolution No. 22-80
of the Council of the City of Bakersfield making finding that a
majority protest has not been made and ordering the territory
designated as Proceeding No. 708, Annexation No. 280 (Fairview
No. l) annexed to the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong
Noes: Councilman Barton
Absent: None
Abstaining: Councilman Christensen
Councilman Barton, in clarifying his negative vote,
stated he based his vote on the City Attorney's opinion that this
matter would probably end up in litigation and he felt it would
be unwise at this time.
This is the time set for public hearing before the
Council for hearing protests by persons owning real property within
territory designated as "College No. 3," proposed to be annexed to
the City of Bakersfield.
This hearing has been duly advertised and the property
owners have been notified as required by law.
This is an uninhabited annexation containing 112 + acres
of uninhabited land located north of Niles Street, south of College
Street, west of State Route 184 and east of Valencia Drive.
Vice-Mayor Barton declared the hearing open for public
participation.
No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Bakersfield, California, March 12, 1980 - Page
Upon a motion by Councilman Payne, Resolution No. 23-80
of the Council of the City of Bakersfield making finding that a
majority protest has not been made and ordering the territory
designated as Proceeding No. 706, Annexation No. 279 (College No.
3), annexed to the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
Councilman Strong stated that due to a real or imaginary
conflict of interest he would not participate in the following
hearing.
This is the time set for public hearing before the Council
on an Appeal by E. A. Bender to the decision of the Planning Com-
mission granting the application of Michael Callagy to change the
zoning boundaries from an R-1 (One Family Dwelling) Zone to an
R-S (Residential-Suburban) Zone, affecting those certain properties
in the City of Bakersfield located northwest of the Watts Drive
and Madison Street intersection.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission approved the R-S zoning, approved
the negative declaration, and found the zoning would be consistent
with the Land Use Element of the Bakersfield Metropolitan General
Plan.
A letter has been received from Michael J. Callagy, on
behalf of Chandler Construction, dated March 12, 1980, requesting
that this hearing be continued unti~ such time as the appeal hearing
on the subdivision connected with this zone change is scheduled.
Vice-Mayor Barton declared the hearing open for public
participation.
]_52
Bakersfield,
California,
March 12, 1980 - Page 20
Mr. William Kuhs, Attorney representing the appellant
Bakersfield Airpark, Inc., stated the proposed zoning, as well as
the existing zoning, is entirely inconsistent with the land uses
within the area. There is a serious noise problem in this area.
Mr. Kuhs urged that the Council place a moratorium on
this project and a study be conducted on the incompatible land
uses existing in the General Plan in this area. The present Land
Use Element provides for low-density residential uses next to an
airport.
Mr. Bruce Jacobson, representing Jacobson Brothers Truck
Parts on Union Avenue, stated their main concern is that Bakers-
field Airpark continue to operate in a viable manner and that
nothing be done that would limit its growth. The bottom line in
this matter is the compatibility of a residential structure with
an existing airport facility. All the property on the westerly
boundaries of the airport are industrial or heavy commercial.
Mr. James R. Bozarth, user of Bakersfield Airpark and
resident of the City of Bakersfield, expressed his concern for
the need for the airpark now and in the future. Residential
housing and airplanes do not mix and there are other places where
homes can be built. This property can be used more appropriately
in another way. Mr. Bozarth stated one of his main concerns is
the noise element.
Mr. Don Chandler, developer of the property, stated noise
has not proven to be a factor and the future development of the
airpark is highly speculative. The traffic pattern of this air-
port is to the west and does not cross the property being requested
for rezoning to R-S. Mr. Chandler stated he did not feel this
residential development is a threat to the airpark and requested
that the Council grant the rezoning.
No further protests or objections being received and no
one else wishing to speak in favor, Vice-Mayor Barton closed the
public portion of the hearing for Council deliberation and action.
Bakersfield, California, March 12, 1980 - Page 21
During discussion, Mr. Bill Thiessen, Senior Sanitarian
for the Kern County Health Department, stated his speciality is
community noise and he conducts almost all the noise work for the
Kern County Planning Department and whoever may need this service.
Mr. Thiessen stated if anyone has questions on how he performed
this noise study he would be happy to answer them. Mr. Thiessen
then answered questions of Councilman Ratty on how the Noise Study
was conducted on Bakersfield Airpark.
During a lengthy discussion, Councilman Ratty made a
motion that a moratorium be placed on R-S and R-1 development in
this tract until a complete study for a General Plan zone change
can be accomplished to make it compatible with the airpark.
Councilman Miller o£fered a substitute motion that the
public hearing before the Council on an Appeal by E. A. Bender to
the decision of the Planning Commission granting the application
of Michael Callagy to change the zoning boundaries from an R-1
(One Family Dwelling) Zone to an R-S (Residential-Suburban) Zone,
affecting those certain properties in the City of Bakersfield
located northwest of the Watts Drive and Madison Street intersection,
be continued until the Council Meeting of April 2, 1980, so that it
can be considered at the same time as the Appeal by E. A. Bender
regarding Tentative Subdivision Tract No. 4312 Revised, located
north of Watts Drive, west of Madison Street. The substitute motion
was approved with Councilman Ratty voting in the negative. Council-
man Strong was not in attendance during this hearing.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at 11:40 P.M.
V~-MAYOR o~ the City o£ Bakersfield, Calif.
ATTEST:~ ~
CITY CL~RK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
154
Bakersfield, California, March 19, 1980
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 19, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Christensen, Means, Miller,
Absent: None
Payne, Ratty, Strong, Barton
COUNCIL MEETING MINUTES
Councilman Christensen requested an explanation as to
why the Council Meeting Minutes have not been completed in time
to insert in the Council packets and made a motion that minutes
not be approved at the following Council Meeting unless copies
are included in the packets.
Assistant City Manager-Personnel Russell stated he did
not know why the minutes have not been completed in time for the
Council packets, but he would investigate and report back to the
Council.
Councilman Christensen stated he would hold his motion
in abeyance until an explanation has been received from staff.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Charles Pence, 7015 Olive Drive, dated March 12, 1980, requesting
that a portion of East 19th Street, extending 175 feet west of
Owens Street, be made a one-way street, was received and referred
to the Tra£fic Authority for study and recommendation.
Upon a motion by Councilman Payne, communication from
Maurice J. McDonald, 3700 Century Drive, dated March 13, 1980,
commending the Police Department for working with residents of
his neighborhood on the Neighborhood Block Watch Program, was
received, ordered placed on file and a copy forwarded to the
Police Department.
155
Bakersfield, California, March 19, 1980 - Page 2
COUNCIL STATEMENTS
Upon a motion by Councilman Ratty, the Planning Commission
was requested to review and study the possibility of forming an
Advisory Architectural Review Commission for the evaluation of
energy saving designs that they are approving, such as, tract maps,
buildings, etc., and report back to the Council with a recommendation.
Councilman Payne commented on a memorandum directed to
the City Manager from the Police Chief, dated March 17, 1980,
regarding an explanation as to the amount of time and manpower
spent on the fight against prostitution. Councilman Payne stated
the Bakersfield Police Department is doing an excellent job, not
only in fighting prostitution, but in fighting major crimes; and
he would like to see these efforts continue with the Council's
continued support rather than criticism.
Councilman Miller stated that he and the staff are
investigating the formation of a Public Improvement District that
will take into consideration the construction of an access road
to homes located within the uninhabited area of the Rio Bravo
Annexation.
Councilman Barton requested that the City Attorney pro-
vide the Council with a status report, by next week's Council
Meeting, on AB 2046 and AB 1986 regarding the prohibition of the
sale of drug paraphernalia to minors; and if appropriate, at that
time, a request will be made that the Council support those
Assembly Bills. Councilman Barton also requested that the City
Attorney furnish each Councilman with a legal digest or opinion
of the bills so they can be read prior to next week's meeting.
Councilman Barton requested staff to investigate the
possibility of synchronizing tra£fic signals along some of the
City's major streets ("H" Street, Chester Avenue, etc.), to
eliminate some of the stop and go traffic, and report back to the
Council.
Bakersfield, California, March 19, 1980 - Page 3
Councilman Christensen asked for an apology from Council-
man Payne because he felt Councilman Payne's statement, regarding
Chief Price's memorandum on the fight against prostifution,
inferred some member of this Council favored prostitution.
Councilman Payne stated that he did not infer that.
What was stated, is that, as a body, he hoped the Council would
continue to support the Bakersfield Police Department and he is
offended by the fact that the Council condemns them rather than
commending them for the fine things they do.
Councilman Means stated he furnished copies of a
memorandum regarding Councilman Ratty's inquiry about financing
for street improvements and it is hoped this will provide a basis
for discussion.
Councilman Means stated that as a member of Kern COG he
has learned there are funds available for a Bike-Path Study and
he would request Council support in securing a grant from Kern
COG to establish a system o£ Bike-Paths in the Greater Bakersfield
Metropolitan Area. Councilman Means requested that staff report
to the Intergovernmental
done to secure the grant
Council within two weeks.
Councilman Barton stated
Relations Committee on what needs to be
from Kern COG and report back to the
there is a Bikeway Steering
Committee in Kern COG and made a motion that Councilman Ratty,
Chairman of the Intergovernmental Relations Committee, be appointed
to serve on that committee. This motion was unanimously approved.
Upon a motion by Councilman Miller, request of Council-
man Means that the staff make a report to the Intergovernmental
Relations Committee regarding securing a grant from Kern COG for a
Bike-Path System Study in the Greater Bakersfield Metropolitan
Area and this matter be referred to the Intergovernmental Relations
Committee for appropriate action, was approved.
Bakersfield, California, March 19, 1980 - Page 4
157
Mayor Hart announced that Councilmen Barton, Means and
Ratty will be representing the Council on the Zoning Ordinance
Review Advisory Committee.
CONSENT CALENDAR
The
(a)
(b)
(c)
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 4802 to 5002,
inclusive, in the amount of $246,518.46.
Claim for Injuries and Damages from
Benjamin K. Carter, P.O. Box 2034,
Bakersfield. (Refer to City Attorney)
Claim for Injuries and Damages from
Theodora S. Allen on behalf of Vernon
Parker, c/o George A. Boyle, Attorney
at Law, 416 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
(d)
(e)
Claim for Damages from Union Oil Company
of California. (Refer to City Attorney)
Claim for Damages from Robert Gillespie,
324 North Real Road, Bakersfield. (Refer
to City Attorney)
(f)
(g)
Application for Leave to Present Late
Claim for Personal Injuries from Dorothy
Jeanne Padilla, 2813~ Kentucky Street,
Bakersfield. (Refer to City Attorney)
Application for Leave to Present Late
Claim for Personal Injuries from Sarafina
F. Di Giorgio, 1304 Dodge Avenue, Bakers-
field. (Refer to City Attorney)
(h)
Grant Deed, Storm Drain Easement and Road
Easement from Tenneco Realty Development
Corporation providing for a drainage sump
and access road, an easement for storm
drain purposes and dedication of White
Lane, Ashe Road, Collins Court and
District Boulevard, as required by the
Planning Commission for Parcel Map No.
5656, located between Ashe Road and Stine
Canal south of White Lane.
(i)
Map of Tract No. 3795 "B" and Improvement
Agreement with Hinesley Brothers
Construction, for improvements therein,
located south of College Avenue west of
Fairfax Road.
(J)
Notice of Completion and Acceptance of
Work on CBK Station No. l, Pumphouse at
Ashe Road and Club View Drive, Contract
No. 79-131 with Colombo Construction
Company, Inc.
158
Bakersfield, California, March 19, 1980 - Page 5
(k)
Plans and Specifications for construction
of Sanitary Sewer in James Street and "Q"
Street.
(1)
Amendment No. 1 to Southeast Bakersfield
Wastewater Treatment Facilities Consolida-
tion Corporation and City of Bakersfield
Lease and Sublease providing for a
correction in the maximum annual rental
figure.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen, bids of Three
Way Chevrolet for 3/4 Ton Pickup and Jim Burke Ford for 3/4 Ton
Cab and Chassis, were accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bid of Jim Alfter
for Schedule A for construction of Sidewalk Wheelchair Ramps near
San Joaquin Community Hospital, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2551 New
Series of the Council of the City of
Bakersfield adding Section 17.52.250
to Chapter 17.52 of Title 17 of the
Municipal Code of the City of Bakers-
field concerning required distance
separations between human occupancy
uses and uses of property involving
the use of Derricks and amending
Sections 17.36.020 (f) (1), 17.46.040
(c) (4), 17.48.020 (c) (14) and
17.46.020 (d), relating thereto.
Upon a motion by Councilman Payne, Ordinance No. 2551
New Series of the Council of the City of Bakersfield adding Section
17.52.250 to Chapter 17.52 of Title 17 of the Municipal Code of
the City of Bakersfield concerning required distance separations
between human occupancy uses and uses of property involving the
Bakersfield, California, March 19, 1980 - Page 6
159
use of Derricks and amending Sections 17.36.020 (f) (1), 17.46.040
(c) (4), 17.48.020 (c) (14)and 17.48.020 (d), relating thereto,
was adopted by the following roll call vote:
Ayes
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes None
Absent: None
Approval of Annexation Policy.
The following memorandum was submitted to the Council
from the Director of Fire & Development Services, dated March 17,
1980, regarding the City Ceuncil's request to reduce oral report
on Annexation to writing:
The following is the report read from prepared
notes at the Council Meeting of March 12, 1980.
REPORT
Due to the passage of Proposition 13, Proposition
4, AB-8, the prospect of future initiatives,
the staff has for several months had concerns
regarding the cost of services in relation to
revenue generated for new developments and
annexations in our City. As a result of this
concern, staff requested this matter be referred
to a committee at the January 30 Council Meeting
and it was subsequently referred to the Budget
Review and Finance Committee, who presently
have the matter under study.
A report by the committee will be forthcoming
to the Council after the committee has an
opportunity to meet again and further discuss
and study the matter to arrive at an informed
decision.
Staff's immediate concern is that the financial
picture of the City is very unclear at this
time. Staff therefore recommends that the
City continue to accept applications for
annexations, but not formally process them
until the budget picture becomes clearer and
the results of the Budget Review and Finance
Committee's study on a cost-revenue analysis
is available.
Staff respectfully requests Council authori-
zation to follow this process.
Upon a motion by Councilman Strong, applications for
annexations will continue to be accepted by the City Council, but
not formally processed until the budget picture becomes clearer
160
Bakersfield, California, March 19, 1980 - Page 7
and the results of the Budget Review and Finance Committee's study
on a cost-revenue analysis is available.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties in the City of Bakersfield
located on both sides of Dunsmuir
Road, north of Business Center Drive;
and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by W. Watson
Company and would change subject property from an "A" (Agricultural
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
those certain properties in the City of Bakersfield located on
both sides of Dunsmuir Road, north of Business Center Drive; and
making findings in connection with a P.U.D. Zone.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located along the south-
east side of the Stine Canal, between
Wilson Road and New Stine Road.
The application for this amendment was made by Thomas S.
Kelly and would change subject properties from an R-1 (One Family
Dwelling) Zone to a C-1-D (Limited Commercial - Architectural
Design) and C-O-D (Commercial and Professional Office - Architectural
Design), or more restrictive Zones.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of those certain properties in the
City of Bakersfield located along the southeast side of the Stine
Canal, between Wilson Road and New Stine Road.
Bakersfield, California, March 19, 1980 - Page 8
161
Adoption of Resolution No. 24-80 of
the Council of the City of Bakers-
field consenting to inclusion of Land
of Assessment District Boundaries
within the boundaries of the City of
Bakersfield.
This resolution allows 70 ~ acres within the City Limits
to be assessed for the water system improvements, as agreed to by
the Council in the "Agreement for the Acquisition, Construction,
Operation and Financing of the Fairhaven Water Distribution System."
The City of Bakersfield Water Board approved the action on March
5, 1980, and Council approved the action on March 12, 1980.
Upon a motion by Councilman Ratty, Resolution No. 24-80
of the Council of the City of Bakersfield consenting to inclusion
of Land of Assessment District Boundaries within the boundaries of
the City of Bakersfield, was adopted by the following roll call
vote:
Ayes
Noes:
Absent:
Abstaining:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton
None
None
Councilman Christensen
Approval of Modification to Contract
with Carpenter's Local 743 and County
CETA extending existing Community
Development Repair Program through
September 30, 1980.
Sufficient Community Development Funds remain in the
activity account to cover expenditures during this period.
Councilman Christensen stated due to a real or imaginary
conflict of interest he would abstain from voting on this matter.
Upon a motion by Councilman Means, Modification to
Contract with Carpenter's Local 743 and County CETA extending
existing Community Development Repair Program through September
30, 1980, was approved and the Mayor was authorized to execute same.
Councilman Christensen requested the Clerk to prepare a
verbatim transcript of all the dialogue between him and Councilman
Payne regarding Chief Price's memorandum on prostitution.
162
Bakersfield, California, March 19, 1980 - Page 9
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:35 P.M.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ANT CITY CLERK
ma
Bakersfield, California, March 26, 1980
163
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 26, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge o£ Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present:
Mayor Hart.
None
Councilmen Means, Miller, Payne, Ratty,
Strong, Barton, Christensen
Absent:
Minutes of the regular meetings of March 12 and 19, ~980
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Frank Waterhouse, District Environmental Planner for
the State Department of Transportation, reported the results of
the public hearing and demonstration on the Noise Barrier Wall
Caltrans plans to build on the east side of Highway 99 between
White Lane and Planz Road indicated the residents are in favor of
it. Caltrans expects to begin construction after July 1, 1980.
Mr. Rollie Moore, 5917 Knudsen Street, representing the
Institute for Basic Youths Conflicts, a nonprofit organization,
stated that each year they present a one week seminar based on
biblical principles to build character, bond marriages and assist
parents and children in understanding each other. Texts covering
these principles are made available to families, at cost, without
profit to this organization. Mr. ~{oore requested that the Council
approve an amendment or variance to allow the sale of their publi-
cations without the 25% surcharge required at the Civic Auditorium.
Auditorium-Recreation Manager Graviss stated the City
has a contract with a concessionaire which requires the receipt
of 25% of gross sales on any item sold at the Civic Auditorium,
of that the City receives 39%.
consessionaire and he does not
in the contract.
Mr. Moore has contacted the
want to give up the 25% as stipulated
164
Bakersfield, California, March 26, 1980 - Page 2
Mr. Jack Lund, volunteer for the Institute for Basic
Youths Conflicts, requested that this matter be referred to the
Auditorium-Recreation Committee.
Mayor Hart stated they are welcome to take this matter
to the Auditorium-Recreation Committee, however, the Council is
bound by a contract with the concessionaire.
Mr. Louie Vega, 3113 Baylor Street, representing the
Campaign for Economic Democracy, requested that the Council con-
duct a feasibility study for Solar Energy Development.
Kern County Supervisor Trice Harvey, Chairman of the
Kern County Olympic Proposal Committee, read the following draft
resolution:
WHEREAS:
(a) In the Los Angeles Olympic Organizing
Committee's development of the program for
presentations of the 1984 Olympics it has
become apparent that in the immediate Los
Angeles area there is not an existing facility
adequate for putting on the rowing events or
the flat water canoeing and slalom whitewater
racing events for kayaks and canoes should
that event be included in the 1984 Olympiad;
and the City of San Diego has offered their
Mission Bay facilities for the rowing event
and that this location has been evaluated as
inferior by some rowing experts; and
(b) To establish facilities for all of these
events in the immediate Los Angeles area would
require the expenditure of many millions of
dollars, it having been estimated that a
capital expenditure of some SIXTEEN MILLION
DOLLARS ($16,000,000.00) would be to establish
just a rowing course in the Sepulveda Basin
alone; and
(c) Even if funds are made available for a
rowing course in the Sepulveda Basin, there
are strong objections to the establishment of
such a facility by the people living in the
nearby areas who feel that this would be an
improper use of that Basin; and
(d) The Los Angeles Olympic Organizing Com-
mittee has adopted a policy not to expend
money for facilities that cannot be economically
justified, and the Los Angeles Olympic
Organizing Committee has also adopted a policy
wherein facilities will not be established in
areas where the nearby citizens of Los Angeles
object to them; and
Bakersfield, California, March 26, 1980 - Page 3
(e) Kern County has existing facilities which
meet all the requirements for rowing events,
flatwater canoeing and slalom whitewater racing
for kayaks and canoes; and
(f) Kern County has extended a helping hand
to the Los Angeles Olympic Organizing Committee
by making available for the 1984 Olympics a
rowing course at the Buena Vista Aquatic Park
and a slalom whitewater racing course on the
Kern River just downstream from the mouth of
the Kern River Canyon and Lake Ming; and
(g) The distance between Los Angeles and the
proposed Olympic event sites in Kern County
is only 1½ to 2 hours driving time and the
Kern County sites are substantially closer
than the Mission Bay site near San Diego that
has been offered as a rowing event site; and
(h) Experts on rowing facilities have con-
cluded that the Buena Vista Aquatic Park in
Kern County is an outstanding site for a
rowing event for a number of reasons including
the fact that it is not a tidal zone area like
Mission Bay; and
(i) The Kern County Olympic Proposal Committee
has undertaken a serious feasibility study the
results of which will be presented to the Los
Angeles Olympic Organizing Committee April l,
1980.
NOW, THEREFORE, BE IT RESOLVED by the Bakers-
field City Council in the County of Kern and
State of California as follows:
1. The Los Angeles Olympic Organizing Committee
and the International Olympic Committee are
hereby informed that the Bakersfield City
Council enthusiastically supports the efforts
of the Kern County Olympic Proposal Committee
to explore the possibility of establishing
Olympic facilities in Kern County without cost
to the Los Angeles Olympic Organizing Committee
and deriving sufficient income from such
facilities to substantially offset expenditures
that may be required in Kern County.
Supervisor Harvey requested that the Council endorse the
County's endeavor, knowing the taxpayer's money will not be spent,
in the effort to bring these 1984 Olympic events to Kern County.
Upon a motion by Councilman Barton, draft resolution
presented by Supervisor Harvey, was approved in concept.
Councilman Miller congratulated the Board of Supervisors
for taking action to prohibit the sale of drug paraphernalia to
minors.
166
Bakersfield,
California,
March 26,
1980 - Page 4
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Fox & Company, Certified Public Accountants, dated February 26,
1980, regarding Accounts Compliance Report for Fiscal Year ending
June 30, 1979, was received and ordered placed on file.
Upon a motion by Councilman Miller, communication from
the Greater Bakersfield Chamber of Commerce, dated March 20, 1980,
commending the Council for their recent stand regarding a Rent
Mediation Board for Mobilehome Parks, was received and ordered
placed on file.
Upon a motion by Councilman Ratty, communication from
Troy Childers, Troy's Towing, 3915 Pierce Road, dated March 19,
1980, appealing the revocation of his permit for towing of vehicles
for the City of Bakersfield, was received, ordered placed on file
and April 9, 1980, was the date set for hearing the appeal.
COUNCIL STATEMENTS
Councilman Christensen stated at the meeting of March
12, 1980, he requested that the City Manager, as Executive
Director of the Redevelopment Agency, furnish the Council with a
written report showing the total cash flow of tax increment money
coming from the entire area of all property within the Redevelop-
ment area boundary and that the report include other sources of
money, such as, federal, state and local. This report did not
include the first nine months of this fiscal year.
Assistant City Manager-Finance Kelmar stated that the
City operates on a fiscal year basis and any report including the
first nine months of this fiscal year would not be complete.
Upon a motion by Councilman Christensen, the staff was
requested to furnish the Council with a financial statement, all
incoming and outgoing figures, affecting the Downtown Redevelop-
ment area from July l, 1979 through February 29, 1980.
Councilman Means stated several months ago the Council
approved a limit of $750.00 for modifications to homes for people
Bakersfield, California, March 26, 1980 - Page 5
167
who are handicapped.
limit is not
agreement be
fications be
approved.
It has since been found that the $750.00
adequate. Councilman Means made a motion that the
amended so that the average spent on the home modi-
increased to $1,000.00. This motion was unanimously
Councilman Means requested a progress report from the
Public Works Director regarding the drainage problems in Centennial
Park.
Public Works Director Hawley stated last fall the Public
Works Department cleaned all the underdrains in Centennial Park,
however, with the winter rains the area ponded over again. The
underdrains were not designed to handle the winter rains, but they
were designed to handle the summer nuisance water. Last September
the Planning Commission approved a tentative tract with a condition
that the developer be required to either put in a seepage pit or
additional underdrains in that drainfield. This tentative tract
was not finalized because of concerned area residents and City
staff regarding the extension of La Mirada Drive to the west to
tie into California Avenue. Since that time a revised tentative
tract has been received, Parcel Map No. 5612, which has the same
conditions. The staff will be requesting additional funds in the
Capital Improvement Budget to do work in that area in addition to
what the developer will do.
Councilman Means stated he has talked to Tenneco about
the drainage problem in Centennial Park and they have indicated a
willingness to assist the City in correcting the problem. Council-
man Means requested that the Public Works Director pursue this with
Tenneco.
Councilman Means stated the Transportation Advisory
Committee (TAC) of Kern COG has decided, rather than submitting
numerous proposals to Caltrans and having them turned down, that
this area get behind one or two projects, regional wise, in order
Bakersfield, California, March 26, 1980 - Page 6
to enhance their approval. This project must be agreed upon by
the Council and submitted to Kern COG by April 7, 1980. Council-
man Means made a motion that the Regional Transportation Improve-
ment Program (RTIP) be placed on the
New Business, for discussion tonight.
approved.
Councilman Miller announced that a meeting will be held
Tuesday, April l, 1980, in the Council Chambers of City Hall, to
discuss the formation of a Public Improvement District for
construction of streets in the uninhabited area of the Rio Bravo
Annexation.
Councilman Miller questioned the staff regarding the
sale of excess water coming down the Kern River.
Councilman Barton asked the City Attorney if he had
reviewed the two Assembly Bills regarding the restriction of the
sale of drug paraphernalia to minors.
City Attorney Hoagland stated they have requested the
two Assembly Bills, but have not received them as yet.
Councilman Barton requested that the City Attorney, if
the bills are not received, obtain a copy of the Legislative
Council's digest, which are normally concise and short, and
present them to the Council with a recommendation next week.
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 2-80 regarding Cost-Revenue
Study, as follows:
The restrictions on City revenues and spending
limitations imposed over the last two years by
voter-approved initiatives, State legislation,
and the upcoming initiative in June, which may
affect the amount of monies received from the
State, have raised a serious concern about
whether new development generates sufficient
revenues to pay for the cost of services. As
a result, the Council has acted to accept new
applications for annexation, but not formally
process them until the budget picture becomes
agenda immediately following
This motion was unanimously
Bakersfield, California, March 26, 1980 - Page 7
169
clearer and a cost-revenue study is performed.
A study of this nature will provide the City
with a model to analyze each new development
and provide alternatives to make these develop-
ments pay for themselves.
Due to the importance of this subject, the
Cormmittee feels the most expedient and effective
way to accomplish this would be to utilize the
services of organizations who have this
experience. As a result, we therefore recom-
mend the staff be authorized to request proposals
for these services.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 2-80 regarding Cost-Revenue Study,
was accepted; and the staff was authorized to request proposals
for these services.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 3-80 regarding Public Works
to be Performed by Contract, as !ollows:
On March 18, 1980, the Business Development
and Parking Committee met relative to the items
brought before the Council by Mr. Bill Hart,
San Joaquin District Manager of Associated
General Contractors.
Mr. Hart was unable to attend the committee
meeting, however, the Public Works Director
was able to meet with him earlier to work out
conditions where (1) Contractors could use non
self propelled pavers for small patch areas
outside the travel lanes, (2) Small batches of
concrete would be hauled in non rotating con-
tainers, and (3) The City would revise its
bid proposals for inclusion of an escalating
clause on asphalt used in asphalt concrete if
time of completion exceeds 45 days.
When Mr. Hart is able to attend the committee
meeting, a more detailed report regarding
public works to be performed by contract will
be made to the Council.
Upon a motion by Councilman Barton, Business Development and
Parking Committee Report No. 3-80 regarding Public Works to be
Performed by Contract, was accepted.
Councilman MiLler, member of the Business Development
and Parking Committee, read Report No. 4-80 regarding Panorama
Drive Entrance to Sanitary Landfill, as follows:
On March 19, 1980, the Business Development
and Parking Committee met relative to the
170
Bakersfield,
California,
March 26,
1980 - Page 8
County's request that the Sanitary Landfill
Agreement be amended to permit the County the
right to open or close the Panorama Drive
entrance for ingress of covered refuse trucks
operated exclusively by franchised garbage
collectors.
Presently the refuse haulers using the lower
entrance to the landfill must climb a steep
grade to get to the disposal site. When
loaded, the trucks can only go 2 to 4 miles
per hour. This results in high fuel consump-
tion and wear and tear on drive lines,
transmissions and auxiliary engines. Approval
of this request would result in a saving of
fuel in the amount of 33,000 gallons annually,
reduce the trip time about 15 minutes per trip,
reduce the travel distance by 1.2 miles per
trip and reduce the wear and tear on the
trucks.
In the past, there have been complaints of
litter from trucks and trailers not properly
covered but few from those used by the fran-
chised haulers.
Therefore, it is recommended that the Council
authorize the County to open the Panorama Drive
entrance for ingress of covered refuse trucks
operated by franchised garbage collectors for
a 90 day trial period. After the trial period,
the Committee will make further recommendations.
Upon a motion by Councilman Miller, Budget Review and
Finance Committee Report No. 4-80 regarding Panorama Drive
Entrance to Sanitary Landfill, was accepted; and the County of
Kern was authorized to open the Panorama Drive entrance for ingress
of covered refuse trucks operated by franchised garbage collectors
for a 90 day trial period and the Budget Review and Finance
Committee will make further recommendations after the trial period..
City Attorney Hoagland stated there is a matter pending
before the Business Tax Appeals Board and only one member has been
appointed leaving two vacancies. The ordinance requires a
Certified Public Accountant, who has been appointed, Attorney and
a member of the general public with some knowledge of tax affairs.
Mr. Hoagland urged the Council to make the two appointments.
City Manager Bergen reported that on March 12, 1980, he
informed the Council there was a very short period of time in
which to file an argument for or against the Charter Amendment
Bakersfield, California, March 26, 1980 - Page 9
171
regarding temporary employees. No one filed an argument for or
against the Charter Amendment.
Upon a motion by Councilman Ratty, request from the
S.P.C.A. to issue dog licenses bi-annually instead of annually
was referred to the Intergovernmental Relations Committee.
Councilman Miller questioned the City Attorney regarding
the functions of the Board of Charity Appeals and Solicitations.
City Manager Bergen stated it has been brought to his
attention that the Board of Charity Appeals and Solicitations is
having difficulty obtaining a quorum in order to call a meeting
to conduct business.
Councilman Miller made a motion that the Governmental
Efficiency and Personnel Committee evaluate the functions of the
Board of Charity Appeals and Solicitations.
Councilman Christensen offered a substitute motion that
Councilman Miller be appointed to represent the Council on the
Board of Charity Appeals and Solicitations. This motion was
unanimously approved.
Upon a motion by Councilman Strong, public hearing on
Draft 1980-81 Community Development Block Grant Application for
the City of Bakersfield , was moved up on the agenda and will be
heard at this time.
HEARINGS
This is the time set for public hearing on the Draft
1980-81 Community Development Block Grant Application for the City
of Bakersfield.
This hearing has been duly advertised.
As part of the 1980-81 Block Grant Application procedure,
the Community Development staff has been conducting public meetings
in the community and public hearings before the Planning Commission
to receive comments and recommendations to be included in the
1980-81 Draft Application for Block Grant funds.
Bakersfield, California, March 26, 1980 - Page l0
pation.
Mayor Hart declared the hearing open £or public partici-
Mr. Sherman Tyler, State Commission on Aging and Kern
County Commission on Aging, requested that the City make an effort
toward the development of a Senior Citizens Center. He has been
told that Kern County is the only County in the State that does
not contribute a portion of their Revenue Sharing to senior citizens.
If the City of Bakersfield made the first move towards establishing
a portion of a Senior Citizens Center there are untold millions of
dollars that could be obtained through grants.
Mrs. Geneva Burns, volunteer worker £or K.C.E.O.C., 804
East California Avenue, stated Mr. George Gonzales is the person
who has been looking for a site for the senior citizens and he
invited them here tonight.
Councilman Strong stated the Council is happy that this
group of people appeared at the meeting tonight and the Council is
aware of their sustaining level of interest. However, they should
be aware that this part of the application process is just a
public portion before the staff puts the final application to-
gether. Before that is done staff will send the Council a draft
application which, hopefully, will address the amount of money
available and what progress has been made in the site selection.
He promised that when the Council receives the draft application
he would meet with their group to look at it and come up with a
solution to the problem that has been lingering for two or three
years.
Mr. Gonzalo Ramirez, representing the Mexican American
Political Association, stated the Mexican American Political
Association and a number of other organizations support a Senior
Citizens Center and they are also working towards the same goal
with the County.
No other comments being received, Mayor Hart closed the
public portion of the hearing for Council deliberation and action.
Bakersfield, California, March 26, 1980 - Page
173
Upon a motion by Councilman Strong, all public comments
and recommendations regarding the 1980-81 Community Development
Block Grant for the City of Bakersfield are to be included in the
application.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5003 to 5110,
inclusive, in the amount of $171,322.93.
(b)
(c)
Claim for Damages from Daniel Ramirez,
328 Quantico Avenue, Bakersfield. (Refer
to City Attorney)
(d)
Claim for Damages from Juan Ramirez,
328 Quantico Avenue, Bakersfield. (Refer
to City Attorney)
(e)
Claim for Damages from Automobile Club
of Southern California on behalf of Louis
M. and Ellaria M. Tremblay, 3808 Thoreson
Avenue, Bakersfield. (Refer to City
Attorney)
(f)
Claim for Damages from Parkview Plaza
Apartments, 3535 South "H" Street,
Bakersfield. (Refer to City Attorney)
Map of Tract No. 4139 and Improvement
Agreement with Hartozco Development for
construction of improvements therein,
located north of Fairfax Road, west of
South "H" Street.
(g) Plans and Specifications for Painting
Exterior of Central Fire Station.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e),
following roll call vote:
Ayes:
Noes:
Absent:
(f) and (g) of the Consent Calendar, were adopted by the
Councilmen Miller, Payne, Ratty, Strong, Christensen
None
Councilmen Means, Barton
ACTION ON BIDS
Upon a motion by Councilman Miller, 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 for Parking Meter Modification Kits with Duncan
Miller.
17 4
Bakersfield, California, March 26, 1980 - Page 12
Upon a motion by Councilman Barton, low bid of Granite
Construction Company for the Base and Alternate A, Proposal No. l,
for reconstruction of a portion of Dore Drive south of Lee Drive,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2552 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
along the southeast side of the
Stine Canal, between Wilson Road and
New Stine Road.
The application for this amendment was made by Thomas S.
Kelly and would change subject properties from an R-1 (One Family
Dwelling) Zone to a C-1-D (Limited Commercial - Architectural
Design) and C-O-D (Commercial and Professional Office - Archi-
tectural Design) Zones.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2552 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 along the southeast side of the Stine Canal, between
Wilson Road and New Stine Road, finding said zonings consistent
with the General Plan, were adopted by the following roll call
vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
Adoption of Ordinance No. 2553 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on both sides of
Dunsmuir Road, north of Business
Center Drive; and making findings
in connection with a P.U.D. Zone.
Bakersfield, California, March 26, 1980 - Page 13
175
The application for this amendment was made by W. Watson
Company and would change subject property from an "A" (Agricultural)
Zone to a P.U.D. (Planned Unit Development) Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2553 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of those certain properties in
the City of Bakersfield located on both sides of Dunsmuir Road,
north of Business Center 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 Miller, Payne, Ratty, Strong, Barton,
Christensen
Councilman Means
Noes:
Absent:
None
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the southwest
corner of Pacheco Road and Union
Avenue.
The application for this amendment was made by William
S. Hill and would change subject properties from an R-1 (One
Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling)
and C-2 (Commercial), or more restrictive Zone.
The Planning Commission approved the R-3 and C-2 zonings
with the application of the "D" Design Overlay, approved the
Negative Declaration, and found the zonings consistent with the
Bakersfield Metropolitan Area General Plan.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of those certain properties in the
City of Bakersfield located on the southwest corner of Pacheco
Road and Union Avenue.
176
Bakersfield, California, March 26, 1980 - Page 14
Approval of the Regional Transportation
Improvement Program (RTIP).
Mr. Mark Gibb, Transportation Planner for Kern COG, read
a memorandum regarding the Regional Transportation Improvement
Program (RTIP, dated March 26, 1980, as follows:
The Alquist/Ingalls Act (AB 402) requires that
each Regional Transportation Planning Agency
(Kern COG) annually prepare and submit to the
California Transportation Commission (CTC) a
proposed five-year Regional Transportation
Improvement Program (RTIP). The RTIP is a
comprehensive coordinated document of trans-
portation project improvements, including
freeways, bikeways, mass transit, and aviation.
The information contained within this report
is considered local input into the State
Transportation Improvement Program (STIP)
which must be adopted by the CTC.
Last year, the RTIP, adopted by the Council of
Governments was basically a list of all projects
proposed by the cities and the County within the
Kern region. The results of last year's RTIP
produced few significant State highway projects
in Kern County.
This year, the Council of Governments and the
Technical Advisory Committee (TAC) suggest
the policy of selecting two projects on a
regional basis for inclusion in the 1980-81
RTIP. This action would enable the COG to
adopt a unified, concentrated local effort
toward favorably influencing the California
Transportation Commission of the highest
priority projects in Kern County. At the
regular meeting of the Council of Governments
held last Thursday, March 20th, the COG Board
directed staff to prepare the RTIP with one
project within the Metropolitan Bakersfield
Area, and one outside the urbanized area.
City staff and TAC have recommended the following
projects for consideration:
Right-of-way acquisition of State Route
178 from 99 to "M" Street - New Freeway
Construction.
Expansion of Planz Road overcross on 99
from two to four lanes.
Initial funding for new highway facilities is
available in the amount of 1.8 million over
the next five years. Additional funds may be
obtained through "trade-offs" in the existing
Proposed State Transportation Improvement
Program.
Suggested Action:
Bakersfield, California, March 26, 1980 - Page 15
177
Obviously, the strength of the 1980-81 RTIP
depends upon the support received from the
local communities of Kern County.
An appropriate level of support would include
a resolution from the City Council, and
possibly an official appearance before the CTC
at the public hearings in May.
The RTIP must be adopted by the Council of
Governments at the April meeting.
For your information, the resurfacing of Route
204 (Golden State Highway) from Union Avenue
to Pierce Road is scheduled in the current
State Improvement Program, for fiscal year
1982-83. The Council of Governments will
recommend this project be advanced to the
1980-81 fiscal year. Again, this will be
accomplished by "trade-offs" within the
existing program.
Councilman Miller stated he disagreed with Kern COG's
recommendations in terms of those projects that are being assigned
a No. i priority. Councilman Miller felt the No. 1 priority should
be t~e on and off ramps for the Stockdale Highway/Brundage Lane
and Highway 99 intersection, especially with the way that
growing and the deterioration of the streets.
area is
Councilman Ratty asked about moving State Route 178
further west than it is at the present time.
Mr. Gibb stated that would certainly be open for dis-
cussion.
Councilman Means stated he became familiar with the No.
I recommendation last Thursday night and on Friday attempted to
call everyone, because he felt each Councilman should know what
TAC's recommendations are. Having done that he would lobby to-
night for the on and of£ ramps at Highway 58 & 99. The problems
on Real Road are crucial. Councilman Means also stated he is
familiar with the problems between the City and County, but felt
the on and off ramps at Highway 58 & 99 should still be a priority.
Councilman Ratty made a motion that the recommendations
submitted by City staff and TAC be accepted.
178
Bakersfield, California, March 26, 1980 - Page 16
Councilman Miller of£ered a substitute motion that the
Council recommend to Kern COG that the on and off ramps at Stock-
dale Highway and Highway 99 be substituted as the No. 1 priority.
This motion carried by the following roll call vote:
Ayes Councilmen Means, Miller, Payne, Strong
Noes Councilmen Ratty, Barton
Absent: None
Abstaining: Councilman Christensen
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:10 P.M.
MAY~)t~ Of the Cit~ofak~ersfield,
ATTEST:
CITY CI~ERK and Ex Of/~licio Clerk of the Council
of the City of Bake~field, California
ma