HomeMy WebLinkAboutOCT - DEC 1979Bakersfield,
California, October 3, 1979
353
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., October 3, 1979.
The meeting was called to order by Mayor Hart, followed
by the'Pledge of Allegiance and Invocation by Pastor Ed Boschman
of the Laurelglen Bible Church.
Present:
Absent:
The City Clerk called the roll as follows:
Mayor Hart.
None
Minutes o£ the regular meeting of September
were approved as presented.
Councilmen Christensen, Means, Miller,
Payne, Ratty, Strong, Barton
19, 1979
SCHEDULED PUBLIC STATEMENTS
Mrs. Elizabeth Van Alstyne, 1640 Olive Street, commented
on the pornographic adult bookstores and theaters located on 19th
Street and lack of personnel in the Police Department's Vice
Detail. She stated the Mayor has sent for an ordinance adopted
by Houston, Texas, outlawing pornographic business and requested
that a copy be sent to Mr. Joe Beckett, Kern County District
Attorney's Office, when it is received. Lately the ball has been
dropped as far as fighting pornography is concerned. However,
their group plans to carry this to the end, or until every
pornographic business is out of Bakersfield because they are not
an asset to the community.
Mrs. Van Alstyne asked if some of the adult theaters
are paying the City a fee for their lack o£ off-street parking.
She also requested that the litter on the corner of 19th Street
and Chester Avenue (near Penney's and Vest Drug Store) be cleaned
up, and requested that the Council consult with the Health
Department and Fire Department to find out what can be done to
clean-up the Mission Hotel.
Director of Fire & Development Services Needham stated
that the records for each individual adult theater, as far as
354
Bakersfield, California, October 3, 1979 - Page 2
parking permits are concerned, would have to be researched to
find out what ordinances were in effect at the time they went
into business.
City Manager Bergen stated that the staff would investi--
gate the sanitary conditions of the Mission Hotel and report back
to the Council.
City Attorney Hoagland stated that as far as litter is
concerned, it comes under State law, and it is an enforcement
problem. However, he would research the law and report back to
the Council.
Mr. Bob Small and Mr. Dave DuBose, Co-Chairman of the
Chamber of Commerce's Walk-Jog-A-Thon Committee, stated they are
sponsoring a Walk-Jog-A-Thon to raise funds and invited the
Mayor, Council and public to participate.
Mr. Harry J. Dutt, 4300 Marella Way, addressed the
Council regarding a traffic accident involving a City truck and
his daughter, Renee, on September 8, 1979, on Montclair Avenue,
just south of Centennial Park. Mr. Dutt stated he and Brown
Brothers Insurance Adjusting are in agreement on the medical
expenses, but not the property claim. Brown Brothers also
informed them that there was not an allowance for a rental
vehicle. They have since been informed that they have a legal
claim of $15.00 per day until the claim is settled.
City Attorney Hoagland stated he would look into
Mr. Dutt's claim of $15.00 per day.
Councilman Means requested the City Attorney to arrange
a meeting with Mr. Dutt to discuss the appropriate amount for
the vehicle.
Mark DeFede, Associate Student Body President o£ Garces
High School, introduced Michelle Arbegast and Tracy Alexander
and stated they are always requesting funds from the community
and would like to reciprocate by cleaning up the downtown area
Bakersfield, California, October 3, 1979 - Page 3
355
for the community. Mr. DeFede also stated that if there are any
community projects that need help to please feel free to call on
the Garces students.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
Golden Empire Transit, dated September 18, 1979, submitting their
Financial Report for year ending June 30, 1979, was received and
ordered placed on file.
Upon a motion by Councilman Ratty, communication from
Warner Cable Corporation announcing that American Express Company
will acquire 50% of Warher's cable operation, was received and
ordered placed on file.
Upon a motion by Councilman Payne, communication from
Warner Cable of Kern County, Inc., dated September 28, 1979,
giving notice of intention to raise rates in the incorporated
service area of the City, was received and ordered placed on file.
Upon a motion by Councilman Barton, communication from
Greater Bakersfield Chamber of Commerce, dated September 28, 1979,
supporting approval of the new Downtown Regional Shopping Center
and Convention Hotel, was received and ordered placed on file.
After discussion, upon a motion by Councilman Miller,
communication from Highland Real Estate Corporation, dated
October 2, 1979, requesting that their Appeal to the decision of
the Planning Commission granting the application of B. L.
Dickinson to change the zoning boundaries from an R-1 (One Family
Dwelling) Zone to an MH (Mobilehome) Zone, affecting those certain
properties located along both sides o£ the northerly extension of
Fairfax Road, be continued until October 17, 1979, was received
and hearing on the appeal was continued until October 17, 1979.
COUNCIL STATEMENTS
Councilman Payne requested the Public Works Director to
investigate the 3800-3900 blocks of Alum Avenue to determine the
356
Bakersfield, California, October 3, 1979 - Page 4
feasibility and legality of putting a gate in the fence and
constructing a path for the students who will be attending Sandrini
School.
Director of Public Works Hawley stated he would conduct
the investigation and report back to Councilman Payne.
Councilman Payne requested that the City Attorney
research the possibility of adopting a City ordinance prohibiting
people from blowing debris into the gutters and streets after
mowing lawns because it turns into moss and slime prior to the
time the street sweepers pick it up.
Councilman Payne stated he received a letter £rom
William W. May, 800 Ferdinand Court, regarding the traffic hazards
at Montalvo Drive and Kroll Way. Councilman Payne stated he
would make sure the Traffic Engineer receives a copy of this
letter so the intersection can be checked again. The Police
Department is enforcing the traffic regulations at that inter-
section as he requested a few months ago.
Councilman Barton announced that the Council and Water
Board will be conducting a public Water Seminar on Friday,
October 12, 1979, at 7:00 P.M., in the Council Chambers of
City Hall, and that a tour of the water facilities will be con-
ducted starting at 9:00 A.M. on Saturday, October 13, 1979.
Councilman Barton stated he wanted the entire Council
to be aware there is a serious problem regarding the County's
collection of City parking fines coming before the Business
Development and Parking Committee that must be resolved in time
to make a report to the Council at the meeting of October 10,
1979. Due to the inability of members of that Committee not
being able to meet before October 9th, the report will not be
ready for the Council packets on Monday.
Bakers£ield, California, October 3, 1979 - Page 5
REPORTS
Councilman Strong, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 13-79 regarding
Police Department Business Manager and Auditorium-Recreation
Department Parks and Community Center Worker Job Speci£ications,
as follows:
During the 1979-80 Budget Hearings, the City
Council approved a new classification of
Business Manager in the Police Department
and two new positions of Parks and Community
Center Worker in the Auditorium-Recreation
Department.
Several months ago the Chief of Police
recommended this Business Manager position
to replace a retiring Police Captain.
(Attached to this report is the Chief's
proposed organizational chart of the
Administrative Division.) As you will
note, the Vice Division has been combined
with Administration which in effect
eliminates one captain position. The
Business Manager will answer directly to
the Chief in regards to payroll, budgeting,
purchasing and data processing. These are
basic responsibilities which had been per-
formed by the retiring Police Captain.
The Governmental Efficiency and Personnel
Committee is in agreement with this
proposal and recommends Council approval
to release funds £or this Business Manager
position effective November l, 1979.
The Committee has also met and discussed
the attached Parks and Community Center
Worker job specifications. Funds were
budgeted for these two positions, however,
prior to filling the positions with
permanent employees, the staff was
directed by the Miscellaneous Civil
Service Board to make a complete study
of the job responsibilities. This
study has been completed and all
required duties are included in
the attached job specifications. The
Miscellaneous Civil Service Board has
approved these specifications and we
are, therefore, recommending City
Council approval.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 13-79 regarding Police Department
Business Manager and Auditorium-Recreation Department Parks and
358
Bakersfield, California, October 3,
1979 - Page 6
Community Center Worker Job Specifications, was accepted; and
recommendations as outlined in the report, were approved.
Associate Planner Gonzales presented a progress report
regarding Senior Citizens Center within the City of Bakersfield,
as follows: Background:
As a result of prior years Citizen Advisory
hearings during development of the Community
Development Block Grant application, a concern
was raised for establishment of a senior
center within the City of Bakersfield. To
accommodate the request for such a facility,
the City's 1978-79 CDBG application included
$30,000 to fund a consultant study to provide
information as to accessibility, uses, size,
and location of available sites, methods of
maintenance and feasibility. This was intended
to be done jointly with the County which had
budgeted $40,000 for the joint project.
At the City Council meeting of February 7, 1979,
Council approved a joint agreement between
County of Kern, City of Bakersfield and Quad
Consultants, Inc. for the initial phase of
the study and sent it to County Board of
Supervisors for action. The Board of Super-
visors opted not to execute the proposed
agreement, and it was returned to the City
for re-examination.
At the City Council meeting of March 19, the
Director of Fire and Development Services
recommended that this matter be referred to
the City and County Intergovernmental Rela-
tion Committee for advisement and ultimately
be brought back to Council with appropriate
recommendations for action. Subsequently,
staff formed a Senior Center Task Force
comprised of interested citizens to assess
the need £or such a facility and to assist
us in making the necessary study.
The Task Force has met bi-weekly since its
first meeting on May 18, 1979. Meetings
have been open to all interested persons.
Over 40 persons have participated in the
work of the Task Force.
Discussion:
The initial questions that the Task Force
investigated during the hearings included
the following:
1)
Preferred location of a senior center
to serve the elderly people of the City
and to comply with the HUD guidelines;
2) Services and activities to be available
at the Center.
Bakersfield, Cali£ornia, October 3, 1979 - Page 7
359
In recognition that a senior center should be
located so that it will principally bene£it
low and moderate income persons and will be
accessible to all elderly residents of the
City (see attached), and be developed within
an area void of this type o£ facility, the
Task Force determined that: Census Tract 20
(bounded by California Avenue, Chester Avenue,
Union Avenue and Brundage Lane) is the most
feasible area for a senior center; however,
if circumstances turn out that we cannot find
a reasonable site in that tract (20), that
the next most feasible area be considered.
During these deliberations, consideration
was given to school buildings that soon may
be available for other use. The Task Force
believes that it is less costly to acquire
and remodel an available school building
than to construct a new facility for a
senior center. Information on the avail-
ability of a school building is expected
by January, 1980. The Task Force also
considered as a favorable site a 2.2 acre
parcel of land at the northwest corner o£
Fourth and "P" Streets.
In comparison with the service area and
size o£ the North Bakerfield Recreation
and Park District's Senior Adult Center,
the Task Force considers a minimum size
o£ a senior center for the City is 10,000
square feet.
Many of the services and activities common
to a senior center were reviewed by the
Task Force. A po~l indicated that the
most popular are the hot congregate meal
program, first aid, outreach, recreation
and social activities. Resource develop-
ment through volunteer services and thrift
shop or similar sales promotion activities
also rated high.
The costs of administering senior center
services and activities and of facility
maintenance and operation also were con-
sidered by the Task Force. Annual costs
were estimated to be in excess of $125,000.
It also was estimated that up to 75% of
these costs could be covered by appropriate
arrangements for CETA funded personnel and
with a nutrition grantee agency of the
California Department of Aging.
Recommendation:
The Task Force recommends that the City
endorse its recommendation regarding the
most feasible area for a senior center
and authorize its staff, with the assis-
tance of the Task Force, to continue with
Phase II of this project by l) making a
more precise site selection in sufficient
360
Bakersfield, California, October 3, 1979
- Page 8
time for the project to be included in the
City's 1980-81 Community Development budget,
2) considering potential operating agencies
and means of administering, maintaining and
operating a senior center, 3) determining
services and activities to be provided, and
4) preparing a preliminary design for the
development o£ the preferred site.
Upon a motion by Councilman Ratty, the staff was
authorized to proceed with Phase II of the Senior Citizens Center
study.
Councilman Christensen stated he has heard a rumor
that the City does not have the upfront funds for the Chester
Avenue Underpass Project and asked if this is true.
Director of Public Works Hawley stated the City's
budget includes funds for 50% of the local share of that project.
It is the staffs understanding that the County also budgeted
50% of the local share. In addition, the consultants on that
project have indicated that it will take up to $1,000,000 up-
front money. The staff understands the County set aside 50%
of that amount. As indicated at budget hearings, it will be
necessary for the City to defer certain projects up to $500,000.
Presently there is $350,000 budgeted for the Gosford Road River
Crossing, and this money will not be required in the current
year. The City's share of that project will not be required
until July l, 1980, so that $350,000 is available. For the
remaining $150,000 certain road projects will be deferred until
there is a more accurate figure on whether the entire $500,000
will be needed or only a portion needed. There should not be
a problem with the funding.
Upon a motion by Councilman Christensen the problem
of financing the upfront funds for the Chester Avenue Underpass
Project was referred to the Budget Review and Finance Committee
to solve with the aid of the staff.
361
Bakersfield, California, October 3, 1979 - Page 9
Councilman Ratty stated he would like to stress to the
Council and Budget Review and ~inance Committee that the roads
are still in bad shape and deferring repairs and major arterials
is creating a further problem. Something should be addressed in
this matter because the City should keep up with the street
deterioration.
CONSENT CALENDAR
The following items were listed on the Consent
Calendar:
(a)
(b)
(c)
Allowance of Claims Nos. 1498 to 1737,
inclusive, in the amount of $754,673.44.
Claim for damages from Harry J. Dutt and
Anita A. Dutt, 4300 Marella Way, Bakers-
field. (Refer to City Attorney)
Claim for damages from Joan L. Taylor,
2701 Buena Vista Avenue, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Personal Injuries from Joan A.
Haydock, 528 Niles Street, Bakersfield.
(Refer to City Attorney)
(e)
Claim for damages from Unigard Insurance
Corporation on behalf of Robin M. Nichols.
(Refer to City Attorney)
(f)
Claim for Damages from Automobile Club
of Southern California on behal£ o£
Donald Goldberg, Inc., and Goldberg
Ind., Route 2, Box 464, Delano. (Refer
to City Attorney)
(g)
Claim for Damages £rom Kevin J. Ward,
6916 Azalea, Bakers£ield. (Refer to
City Attorney)
(h)
Supplemental Quitclaim Deed from Tenneco
Realty Development Corporation providing
lands to be used for street right-of-way
purposes on Truxtun Avenue Extension.
(i)
Street Dedication £rom Regional Mortgage
Company providing for the south eleven
feet of Maybrook Drive as required for
Tract No. 4016, located north o~ Panama
Lane on east side of the Stine Road.
(J)
Alley Easement from Tenneco Realty Develop-
ment Corporation, as required £or Parcel
Map No. 5364, located at northwest corner
of North Half Moon Drive and Ashe Road.
362
Bakersfield, California, October 3, 1979 - Page l0
(k)
(i)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
Sewer Line Easement from Bakersfield Seven,
as required for Parcel Map No. 5516,
located north of Truxtun Avenue Extension
and east of Highway 99.
Map of Tract No. 4117 and Improvement
Agreement with Golden Empire Development
Company, located at northwest corner of
South "H" Street and Panama Lane.
Map of Tract No. 4136 and Improvement
Agreement with Tenneco Realty Development
Corporation, located at northeast corner
of Ashe Road and White Lane.
Map of Tract No. 4180 and Improvement
Agreement with W. Watson Company, located
south of Ming Avenue on the west side of
Barrington Street.
Improvement Agreement with Bakersfield
Seven for Parcel Map No. 5516, located
north of Truxtun Avenue and west of Oak
Street.
Notices of Completion and Acceptance of
Work for:
Tract No. 3928, Phase II, Contract No.
79-42 with W. Watson Development Company,
located at Rio Bravo development.
Construction of East California Avenue
between Union Avenue and King Street,
Contract No. 79-77 with Granite Construc-
tion Company (E.D.A. Project No. 07-51-
27066, Phase II).
Plans and Specifications for construction
of Storm Drains in Auburn Street and
Panorama Drive.
Resolution of Intention No. 944 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a portion of 40th Street
between Chester Avenue and Jewerr Street,
in the City of Bakersfield, and setting
Wednesday, October 31, 1979 for hearing
of the matter before the Council.
Resolution No. 74-79 of the Council of
the City of Bakersfield, State of
California, calling a public hearing to
determine whether public necessity, health,
safety or welfare require formation of an
Underground Utility District within
designated area. Date of hearing is
Wednesday, November 7, 1979.
Bakersfield, California, October 3, 1979 - Page
(t)
(u)
(v)
Request from Central Southern Baptist
Church for amendments to the General Plan
for commercial use of property located
on the west side of South "H" Street
between Terrace Way and State Highway
Route 58. (Refer to Planning Commission
for study and recommendation)
Request from William J. Hill for amend-
ment to the General Plan for commercial
use of property located on the southwest
corner of Pacheco Road and South Union
Avenue. (Refer to Planning Commission
for study and recommendation)
Public Utility Easements from Ellis
Andrews & Cora Elizabeth Andrews, as
required for Parcel Map No. 5570, located
on the north side of Harris Road and
west of Krista Street.
(w)
Notice of Completion and Acceptance of
Work on Tract No. 4024, Contract No.
78-85 with Tenneco Realty Development
Corporation, located at Ashe Road and
Half Moon Drive.
Upon
(d), (e), (f),
(q), (r), (s),
adopted by the
a motion by Councilman Miller,
(g), (h), (i), (j), (k),
(t), (u), (v) and (w) of
following roll call vote:
Items (a), (b), (c),
(1), (m), (n), (o), (p),
the Consent Calendar, were
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Means, bids of Clow
Corporation (9 items) and Valley Pipe and Supply (3 items) for
Bury Extensions and Hydrant Accessories, were accepted and all
other bids rejected.
Rejection of bids for Side Loading
Refuse Trucks and Containers.
Mr. John Jensen, Sales Manager for Jensen International,
Inc., 4117 Rosedale Highway, stated he is concerned because a
situation exists in Bakersfield that has been going on for some
time. The City of Bakersfield has purchased numerous refuse
364
Bakersfield, California, October 3, 1979 - Page 12
trucks in the last few years. The requests to bid are mailed to
a number of truck dealerships. Usually they are all mailed locally.
Ray Gaskin, Monrovia, California, is also an International dealer-
ship and refuse body dealer. Being both a truck and body dealer,
he is able to underbid Jensen's because a middleman must be relied
upon for all our body purchases. The City, to the best of his
knowledge, does not request bids from Ford, Chevrolet or G.M.C.
dealers outside the Bakersfield area. How come Jensen's has to
bid against one of their own dealers when no one else has to? In
the past Jensents has lost deals for three refuse trucks to Ray
Gaskin's. It is realized that the low bid must be taken, but why
does the City have to go down south for purchases when private
business does not. Tonight the Council will act on one of two
bids that were opened September ll, 1979. On the first bid for
rear loaders Jensen's was beaten by Ray Gaskin by $701.00 per
truck. On the second bid for side loaders, Jensen's was the low
bidder. Jensen's will not be awarded the bid because it is going
to be rejected and rebid. Mr. Jensen requested that the Council
give the local truck dealers half a chance and award the bid to
Jensen International, Inc.
Director of Public Works Hawley stated these side
loading refuse trucks will be used for the City's proposed
mechanical collection system. It has been estimated in the
budget that the City will save $100.00 per day when the
mechanical system is implemented. Jensen International's bid
has a delivery date of 240-260 days. Comparing that with other
specified delivery dates and assuming it would take approximately
30 days for the City to rebid, it results in a reduction in savings
of between $9,000 to $20,000. The packer body does not meet
specifications in several minor areas, and it would cost approxi-
mately $2,000 to $2,500 to comply with these minor items. The
big problem is with the delivery date. The specifications
Bakersfield, California, October 3, 1979 - Page 13
365
contained the following wording:
"Delivery time will be a very important and
essential consideration. The City wishes to
expedite delivery accordingly. Bidder who
proposes expeditious delivery will receive
special consideration."
Councilman Means requested that the staff research what
other cities' policies are regarding accepting and awarding bids
to local firms versus outside firms and report back to the Council
at the next Council Meeting.
Councilman Barton stated he does not like the language
in the specifications that says special consideration will be
given for expedient delivery, it is too loose. Councilman Barton
requested staff to come back to the Council with a recommended
policy that expedient deliveries be set out in the specifications,
such as percentage or time factors, that is well known and not
vague.
During discussion, Councilman Barton made a motion
that low bid of Jensen Internation, Inc., for Side Loading Refuse
Trucks and Containers, be accepted.
City Attorney Hoagland stated if this bid does not
meet all the specifications, and there is a bidder that does meet
the specifications, the Council can be prepared to pay that price.
The party that meets specifications will have a cause of action
against the City for the pro£it he would have made if the bid had
been properly accepted.
Councilman Barton asked if any of the bidders met all
the specifications.
Director of Works Hawley stated none o£ the bidders met
the specifications in all areas. All of the bidders indicated
that the specifications the City requested were not available.
Councilman Strong stated the big problem seems to be
that the delivery date is not reasonable. The delivery date is
such that the City would loose a lot of money, if the estimate of
366
Bakersfield,
California,
October 3, 1979 - Page 14
$100.00 per day is correct. The staff acted wisely in recommending
rejection of this particular bid because of the delivery date.
Mr. Hawley has also stated they would be willing to meet with Mr.
Jensen or any other truck company to discuss modifications in
bids in the £uture.
Councilman Miller stated he would support Councilman
Barton's motion with the additional wording that the staff and
Mr. Jensen have a meeting and iron out the specifications as to
who would be responsible for the modifications.
After a lengthy discussion, Councilman Means of£ered
a substitute motion that all bids for Side Loading Refuse Trucks
be rejected and the staff authorized to rebid the items. The
substitute motion carried by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Strong
Noes: Councilmen Miller, Barton
Absent: None
Upon a motion by Councilman Christensen, low bid of
H. V. Carter for Diesel Powered Tractor with Mower Units, was
accepted and all other bids rejected.
Upon a motion by Councilman Strong, low bid of Griffin
Fabricators, Inc., for Metal Weirs for Water Department, were
accepted and all other bids rejected.
Upon a motion by Councilman Strong, bid of Engine and
Equipment Company for Trailer Mounted Air Compressor, was
accepted and all other bids rejected.
Upon a motion by Councilman Means, the Purchasing
Division of the Finance Department was authorized to enter into
a Discount Agreement with Kiesub Corporation for miscellaneous
electircal supplies.
Upon a motion by Councilman Christensen, bid o£ General
Seating Company for Park Bench Materials, was accepted.
367
Bakersfield, Cali£ornia,
OCtober 3,
1979 - Page 15
Upon a motion by Councilman Barton, all bids for Annual
Contract for Automotive Batteries were rejected and the Finance
Department was authorized to readvertise for bids.
Upon a motion by Councilman Strong, low bid o£ L. N.
Curtis for Turnout Coats and Pants for the Fire Department, was
accepted and all other bids rejected.
NEW BUSINESS
First reading of an Ordinance o~ the
Council of the City of Bakersfield
amending Section 5.38.100 of the
Municipal Code, relative to Relief
and Pension Fund for Fire Department.
In the letter to the City Council, the Pension Board
requested an amendment to the section of the ordinance dealing
with authorized investments for the Fund. This change would
provide greater flexibility for the investment program, and
enable the Fund to take advantage of higher interest earning
investments than possible with the present authorized investments.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5.38.100 of
the Municipal Code, relative to Relief and Pension Fund for Fire
Department.
Approval of Contract with Panama
School District for Community Recrea-
tion Program.
Upon a motion by Councilman Christensen, Contract with
Panama School District for Community Recreation Program, was
approved and the Mayor was authorized to execute same.
HEARINGS
This is the time set for continued hearing before the
Council on an Appeal by Mr. and Mrs. Albert Philips regarding the
Planning Commission's denial of their request for a roo£ sign on
Grandma's Truck (Antique Shop), located at lll5 "H" Street.
The Planning CoMmission denied the request for a Special
Sign Permit for a 2' x 8' roof mounted sign, 16 feet high, for
Grandma's Trunk located at 1115 "H" Street.
368
Bakersfield,
California,
October 3, 1979 - Page 16
This hearing was held over from the Council Meeting of
September 19, 1979, in order to allow the staff time to meet with
Mr. and Mrs. Philips to consider placement of the sign where it
would be visible to the public, yet not be in violation of the
Sign Ordinance.
Building Director Bidwell stated he met with Mr. and
Mrs. Philips, and the property is in a difficult location to
identify from California Avenue due to lack of setback from the
curb to the property line and proximity of the building to that
curbline. The existing free standing sign could be raised to a
height of 20 feet. However, the Philips' felt that alternate
was not in good taste or acceptable. The Building Department
proposed that they install a wall sign other than on the roof.
That probably would not have the visibility the existing sign
has, but it would serve for traffic on "H" Street. One other
possibility was, there is a dormer on the east elevation of the
building that could be a place to locate a small sign. The
Building Department exhausted just about all the possibilities
in their discussions with Mr. and Mrs. Philips.
Mayor Hart declared the hearing open for public
participation.
Mr. Albert Philips, owner of Grandma's Trunk, stated
if the roof sign is denied, he would like to request that they
be granted an extension of time for removing it.
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Hart declared the public
portion of the hearing closed for Council deliberation and action.
Upon a motion by Councilman Ratty, decision of the
Planning Commission denying the request of Mr. and Mrs. Albert
Philips for a roof sign for Grandma's Trunk (Antique Shop),
located at 1115 "H" Street, was upheld and a 60 day extension of
369
Bakersfield, California, October 3, 1979 - Page ~7
time for removing the sign was granted, by the following roll
call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
This is the time set for continued public hearing con-
cerning review and consideration, and certifying completion of the
Final EIR re Amendment to the Land Use and Circulation Elements
of the General Plan in the Rio Bravo area.
This hearing was duly advertised and the property
owners were notified. This hearing was continued from the Council
Meeting of September 19, 1979.
This resolution certifying the Final EIR is the final
step in the EIR process prior to adoption of the General Plan
amendments to the Rio Bravo area.
The Final EIR was approved by the Planning Commission
after a public hearing completed on August 15, 1979 and recommended
for certification by the City Council.
Mr. Dennis Triplett, representing Quad Consultants and
author of the E.I.R., stated there has been some concern that
the E.I.R. discussed in the draft plan document is not in great
detail. The reason is that the General Plan document projects
a development pattern for the Rio Bravo area over an approximately
20 year period. It projects a population within that period of
time of about 23,000 individuals. This is the level of development
that was analyzed when the area was annexed into the City, and at
that time the comprehensive E.I.R. was prepared. The General
Plan document refers back to that document for discussion of
anticipated impacts and their effects.
Mayor Hart declared the hearing open for public
participation.
370
Bakersfield, California, October 3, 1979 - Page 18
Mr. B. L. Dickinson, 3904 Panorama Drive, stated he £elt
the public was not properly notified of the hearings, and he has
not been able to obtain a copy of the E.I.R. from the Planning
Department. This was not very well thought out because they have
filed tract maps on 65-100 acres of land and completed subdivisions
that are being declared open area.
Mr. Arthur W. Jones asked who paid for the leg work and
map on this.
Planning Director Sceales stated the total project,
started two years ago, was paid for by George Nickel and Chevron
Land Development Company.
Mr. Daniel R. Hale commented on the areas where he felt
the E.I.R. is inadequate, and urged that the City Council only
tentatively approve the proposed resolution until a complete study
can be made of the following:
1. Possible realignment of streets and roads,
and Cal-Trans be contacted to see if they
still want the existing right-of-way.
2.Delete all special uses not covered by
the E.I.R.
3. A strict follow-up with respect to the
provisions of services into the area, and
the City use all lawful means in order to
secure services to "uninhabitants" of
the area.
Mr. George Nickel spoke in favor of certifying the
E.I.R. for the Rio Bravo area, and stated this is a very fine
area with fine homes, and a great many people are very happy
with what has occurred in the area. Mr. Nickel commented on
the services being provided for the area by the City and develop-
ment that is taking place.
Mr. Richard Laughman, representing Chevron Land and
Development Company, spoke in support of the plan so that
orderly development will occur in the area.
No further protests or objections being received, and
no one else wishing to speak in favor, Mayor Hart closed the
Bakersfield, California, October 3, 1979 - Page 19
371
public portion of the hearing for Council deliberation and action.
Councilman Miller stated some of the things done in the
Rio Bravo area are very nice. However, the City should look at
the problems out there. Councilman Miller asked the Public Works
Director if he had looked into the Conditional Use Permit that
was mentioned last week.
Director of Public Works Hawley stated there was a
Conditional Use Permit issued by the County to Kern Development
Corporation. Oneof the conditions said that the access road shall
be maintained with a bituminous surface treatment or surfacing of
a higher type. That road is being maintained and is the primary
access from the gravel operation to Alfred Harrell Highway. There
have been comments that trucks are using an alternate route. In
checking this with the present operators of the gravel operation,
they indicated that they do not use that route, however, it is
possible some of their customers are using it as a short cut to
get to Highway 178. Mr. Hawley stated he would interpret the
Conditional Use Permit to mean that if they are using that route,
then they should maintain it. They are meeting the requirements
of the Conditional Use Permit because the access to Alfred Harrell
Highway is being maintained in a fairly good condition.
Mr. Edwin J. Migee, representing Kern Development
Corporation, stated the road has been maintained by Kern Develop-
ment Corporation. It currently has a license to use by Oildale
Ready Mix, who is responsible for maintaining that road, and
Kern Development Corporation has taken action against them. They
will either maintain it, or they will no longer be a licensee.
After a lengthy discussion, Councilman Ratty made a motion
to adopt a Resolution of the Council of the City of Bakersfield
declaring it has reviewed, evaluated and considered the information
contained in the Final EIR, making findings and certifying that
the Final EIR has been completed in compliance with the California
372
Bakersfield,
California,
October 3, 1979 - Page 20
Environmental Quality Act, the State EIR Guidelines and City Reso-
lution No. 39-78, re proposed General Plan Amendments for the
portion of the land in the City of Bakersfield known as Rio Bravo.
Councilman Miller stated be£ore he would vote to approv.e
the Final EIR, he would hope it would be resubmitted to the Air
Resources Board, and he also has a problem accepting the road
alignment.
Councilman Miller offered a substitute motion that the
Final EIR for the Rio Bravo area be denied.
to carry by the following roll call vote:
Ayes:
Noes:
Absent:
This motion failed
Councilman Christensen, Miller
Councilmen Means, Payne, Ratty, Strong, Barton
None
During voting, Councilman Christensen stated that the
staff has not informed the Council regarding the question at hand.
The Quad report is chucked full of the biggest generalities he
has ever read in his life. Until the EIR is checked out more,
or a favorable report is received from the Air Resources Board,
and several other minor details, he would have to vote against
approving the EIR. He stated he is not against the Rio Bravo
development, per se, in fact it is a great asset to the community,
but as far as the EIR is concerned, it can be greatly improved
upon.
Councilman Ratty's motion to adopt Resolution No. 75-79
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final
EIR, making findings and certifying that the Final 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 Amendments for the portion of the land in
the City of Bakersfield known as Rio Bravo, carried by the
Bakersfield, Cali£ornia, October 3, 1979 - Page 21
373
following roll call vote:
Ayes:
Noes:
Councilmen Means, Payne, Ratty, Strong, Barton
Councilman Miller
Absent: None
Abstaining: Councilman Christensen
This is the time set for continued public hearing con-
cerning proposed Amendment to the Land Use and Circulation Elements
of the General Plan in the Rio Bravo area.
This hearing was duly advertised and the property owners
were notified as required by law. This hearing was continued from
the Council meeting of September 19, 1979.
The proposed amendment, which is the subject of this
hearing, was approved by the Planning Commission after a public
hearing completed on August 15, 1979, and recommended for adoption
by the City Council.
Assistant City Clerk Anderson read the following letter
into the record:
September 30, 1979
Mayor Don Hart
1501Truxtun Avenue
Bakersfield, Calif.
93301
Dear Mayor Hart:
Representatives of the Home Owners Associa-
tion of Cattle King Estates met Wednesday,
September 26 with the developer, Mr. George
Nickel, to discuss the problem of the pro-
posed road on the east and south sides of
the subdivision. This road would have
reactivated the abandoned county road
currently running directly along the lower
back yards of a large number of homes.
Traffic along this proposed road would
destroy privacy, disturb sleep, create
noise problems, reduce property values
and be a safety hazard for children. In
addition, the junction of this proposed
road with Alfred Harrell Highway would
create a hazardous intersection.
Mr. Nickel, upon visiting the area in
person, realized the problems the pro-
posed road would create and graciously
374
Bakersfield,
California,
October 3,
1979 - Page 22
agreed to drop plans for it. He contacted
the Public Works Dept. and so informed
them of his decision. We contacted Mr.
Edgar Schulz, Asst. Public Works Director,
and he agreed the City would also drop
plans for this proposed road.
We wish to thank you, Mayor Hart, and
members of the City Council for your
courtesy and concern. We also want to
express appreciation for the cooperation
by the Public Works Dept. and the developer,
Mr. George Nickel, for their help in
solving our problem.
Yours truly,
Gerhard H. Schmidt,M.D. John R. Almklov,M.D.
5755 Roundup Way 5763 Roundup Way
Mr. Dennis Triplett, representing Quad Consultants,
explained the process this plan has gone through. Quad Consultanl;s
was retained by two private clients to prepare this document,
basically at the request of the City. A preliminary draft of
the plan was prepared on the basis of that contract. It was
submitted to the City staff and revisions were made. It was
then put in printed form, which is the draft document before the
Council tonight. That document went through a public hearing
before the Planning Commission and, based on testimony received
and additional concerns of the Planning Commission, the plan was
further amended. This evening is another public hearing stage.
The purpose of the process is to effect changes in development
policy for the City prior to its adoption. The plan be£ore the
Council tonight does not represent the views of one individual,
one firm or one property owner in the area; it represents a series
of policy reviews and compromises that have been made by
numerous people, both in the area, City employees and appointed
by the City Planning Commission.
Mayor Hart declared the hearing open for public
participation.
375
Bakersfield,
California,
October 3,
1979 - Page 23
Mr. Daniel R. Hale, property owner and resident of the
Rio Bravo area, spoke in opposition to the proposed Circulation
Element of the General Plan for the Rio Bravo area.
Mr. Arthur W. Jones, Rio Bravo area resident, spoke in
opposition to the California Air Pollution Board's rulings not being
considered.
Mr. B. L. Dickinson, property owner in the Rio Bravo
area, stated he has never been notified of these public hearings,
and he has never been able to obtain a copy of the EIR from the
Planning Department.
No further protests or objections being received and,
no one wishing to speak in favor, Mayor Hart closed the public
portion of the hearing for Council deliberation and action.
Councilman Ratty made a motion to adopt a Resolution of
the Council of the City of Bakersfield making findings and
approving and adopting Amendment to the Land Use Element and
Circulation Element of the Bakersfield Metropolitan Area General
Plan in the area of the City known as Rio Bravo.
Councilman Means stated he wanted to assure Mr. Hale
that the staff will not put the major arterial within 20 feet of
his home.
Dr. John Almklov stated they would like some assurance
from the City Council that the road behind their homes would not
be put in.
Councilman Christensen, before voting, stated he wants
the request by Dr. Almklov and Dr. Gerhard H. Schmidt to become
part of the General Plan and not circumvented.
Councilman Ratty's motion to adopt Resolution No. 76-79
of the Council of the City of Bakersfield making findings and
approving and adopting Amendment to the Land Use Element and
Circulation Element of the Bakersfield Metropolitan Area General
376
Bakersfield, California, October 3,
1979 - Page 24
Plan
following roll call vote:
Ayes: Councilmen Christensen,
Barton
Noes:
Absent:
in the area of the City known as Rio Bravo, carried by the
Means, Payne, Ratty, Strong,
Councilman Miller
None
Director of Public Works Hawley stated that little
segment of road referred to in Dr. Almklov's and Dr. Schmidt's
letter will be removed from the maps.
This is the time set for hearing before the Council on
an Appeal by Cleaveland Outdoor Advertising, Inc., regarding the
Planning Commission's denial of their request for an outdoor
advertising sign in a C-2-D (Commercial - Architectural Design)
Zone located on the Texaco Service Station site at the College
Shopping Center on the southeast corner of Columbus and Haley
Streets.
The Planning Commission denied the request for a 30-foot
high, 12' x 24' exterior illuminated outdoor advertising sign
on the above mentioned property basedon the following criteria:
1. Site is within the College Shopping Center
complex.
2. Orientation of proposed sign to residential
neighborhood north across Columbus Street.
3. Purpose and objectives of the Sign Ordinance.
4. Purpose of the Architectural Design Zone.
Mayor Hart declared the hearing open for public
participation.
Mr. Johnny Ladnier, Real Estate Manager of Cleaveland
Outdoor Advertising, Inc., requested that the Council grant the
request for a sign on the Texaco Service Station.
Mr. Richard Mullman, Sales Manager for Cleaveland
Outdoor Adversiting, Inc., stated he talked to some of the
tenants of the College Shopping Center, and they did not express
377
Bakersfield,
California,
October 3,
1979 - Page 25
an opinion either way. Because of the economic benefit, and they
did not find any objections from other people in the area they
would request that the sign be granted.
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Hart declared the public
portion of the hearing closed for Council deliberation and action..
Upon a motion by Councilman Christensen, decision of
the Planning Commission denying the request of Cleaveland Outdoor
Advertising, Inc., for an outdoor advertising sign in a C-2-D
(Commercial - Architectural Design) Zone located on the Texaco
Service Station site at the College Shopping Center on the south-
east corner of Columbus and Haley Streets, was upheld, by the
following roll call vote:
Ayes: Councilman Christensen, Means, Miller, Payne, Ratty,
Barton
Noes: None
Absent: None
Abstaining: Councilman Strong
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting
was adjourned at 12:05 A.M.
MA of th~ersfield, Calif.
ATTEST:
CITY CL~ERK and Ex ~ficio Clerk of the Council
of the City of Ba14~rsfield, California
ma
378
Bakersfield, California, October 10, 1979
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., October 10, 1979.
by
Present:
The meeting was called to order by Mayor Hart, followed
the Pledge of Allegiance and a minute of silent ~rayer.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Means, Miller, Payne, Ratty,
Absent: None
Strong, Barton, Christensen
Minutes of the joint meeting and workshop of September
26, 1979 and regular meeting of October 3, 1979, were approved as
presented.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Golden Empire Chapter of American Institute of Architects, dated
September 26, 1979, regarding an Annual Student/Community Involve-
ment Program for second year architectural students at Bakersfield
College, was received and ordered placed on file.
COUNCIL STATEMENTS
Councilman Payne stated the bus stop on the north side
of Wilson Road, across from Christian Towers, does not have a
crosswalk for use by persons unloading from the bus to cross to
the south side of the street and requested the staff to investigate
and take appropriate action.
Councilman Payne stated he received a letter from Peter
C. Carton, Schools Legal Service of Kern County, dated October 8,
1979, regarding a dangerous intersection at Ming Avenue and West-
holme Boulevard. Traffic Engineer Hahs has assured him that this
matter has been under study for the past week.
requested that Traffic Engineer Hahs respond,
school district.
October
Councilman Payne
in writing, to the
Councilman Barton stated the Water Board minutes of
3, 1979, that were placed in each Councilman's packet
379
Bakersfield,
California,
October 10, 1979 - Page 2
contain some very important information and requested that they be
reviewed thoroughly. If there are any questions the Water Board
will be happy to discuss them at the next Water Board or Council
Meeting. Councilman Barton requested City Attorney Hoagland to
explain the application for rehearing by the City of Bakersfield
regarding Southern California Edison's Project No. 382 which is
the relicensing of the Borel Power Plant.
City Attorney Hoagland stated Southern California Edison
applied for a relicensing of the Borel Power Plant. The Federal
Power Commission came out with its order containing language that
indicated that Southern California Edison, together with the
Forest Service and U.S. Fish & Wildlife Service, were to make a
determination, within one year, as to what was necessary to main-
tain or enhance fish life in the river and recreational areas.
The irrigators feel they should be consulted in that determination
because the water is critical in their agricultural uses throughout
the year.
Councilman Barton reminded the Council that the Council
and Water Board will be conducting a public Water Seminar on
Friday, October 12, 1979, at 7:00 P.M., in the Council Chambers
of City Hall, and that a tour of the water facilities will be
conducted starting at 9:00 A.M., Saturday, October 13, 1979.
Mayor Hart announced that the Los Angeles office of the
Bureau of Census has issued an invitation to the Council to attend
a press conference on Friday, October 12, 1979, at 10:00 A.M., at
the Ramada Inn to meet the Regional Director and Census personnel
who will be working in Bakersfield next year.
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 7-79 regarding Parking
Violation Fees, as follows:
The Downtown Parking Study that was recently
completed by the Redevelopment Agency suggested
380
Bakersfield, California, October 10, 1979 - l~age 3
various short-term and long-term parking
problem solutions for the downtown area.
A number of recommendations have been suggested
by this Council Committee and are being imple-
mented at this time. As a further suggestion
of this Committee, and briefly reported to the
Council on July 25, 1979, we recommended that
overtime parking violation fines be increased.
Since that reporting date in July, and due to
additional court processing costs, the Munici-
pal Court has increased their claim for a
larger portion of the parking fine, effective
on October 1, 1979.
This Committee has met with various groups from
time to time in an attempt to reach a consensus
for an optimum solution to the downtown parking
problems.
Various parking lots are being modified to
accommodate additional parking spaces. Parking
meters are being modified so as to accept new
rates.
Parking lease agreements are being renegotiated
to reflect more revenue for the service being
provided.
As appraisal is being made for a half-block
section in the core area with the intent of
being converted to additional public parking,
hopefully with a parking structure built thereon.
Additional parking enforcement has been added
in the downtown area to especially enforce the
short-term, free parking areas.
For the past few months in concert with Munici-
pal Court Judges and the Downtown Business
Association, these various alternatives have
been discussed. It is in response to these
discussions, and with the concurrence of those
participants that this Committee recommends
that the parking ticket bail fee be set by
the Municipal Court at $4.00.
After discussion, upon a motion by Councilman Barton,
Business Development and Parking Committee Report No. 7-79 regarding
Parking Violation Fees, was accepted.
Adoption of Resolution No. 77-79 of
the Council o£ the City of Bakers-
field authorizing the Mayor to
execute an Agreement with the Muni-
cipal Court for withholding processing
costs and recommending Bail Schedule
for Parking Violations.
Upon a motion by Councilman Barton, Resolution No. 77-79
of the Council of the City of Bakersfield authorizing the Mayor to
Bakersfield,
California,
October 10, 1979 - Page 4
381
execute an Agreement with the Municipal Court for withholding
processing costs and recommending Bail Schedule for Parking
Violations, was adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton
Christensen '
Noes: None
Absent: None
Director of Fire & Development Services Needham reported
that the health and fire hazards of the ~ission Hotel have been
investigated by the Fire Safety Control Division of the Fire
Department, Electrical Inspector of the Building Department and
the Kern County Health Department. Thirteen fire violations were
found, including the secondary fire escapes which were totally
inadequate. Numerous health hazards and electrical problems were
found which will be enforced. These violations will be followed
up and taken care of promptly and in good order.
CONSENT CALENDAR
The following items were listed on the Consent Calendar
(a) Allowance of Claims Nos. 1738 to 1861,
inclusive, in the amount of $180,770.32.
(b)
(c)
Application for Leave to Present Late
Claim for Personal Injuries on behalf of
Doye Edsol Walker, 2601 Hughes Lane,
Bakersfield. (Refer to City Attorney)
Street Dedication from Samuel & Gladys
Sanford providing additional right-of-
way on Pacheco Road east of South "H"
Street, as required for Tract No. 4150.
(d)
Plans and Specifications for resurfacing
portions of "T" Street, 8th Street, Owens
Street and East Truxtun Avenue.
(e)
Resolution of Intention No. 945 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a Road Easement north of
State Route 178, and setting Wednesday,
October 31, 1979 for hearing on the
matter before the Council.
Upon a motion by Councilman Miller, Items (a), (b), (c)
Bakersfield,
California,
October 10,
1979 - Page 5
(d) and (e) of the Consent Calendar,
roll call vote:
Ayes: Councilmen Means, Miller,
Christensen
None
None
Noes:
Absent:
were adopted by the following
I .B.M.
Payne, Ratty, Strong, Barton,
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
for installment purchase of Memory Typewriter for the Police
Department, was accepted, all other bids rejected and the Finance
Operations Manager was authorized to make arrangements with United
California Bank for the financing.
After discussion, upon a motion by Councilman Means, bid
of Jim Alfter for Annual Contract No. 11880 for Curbs, Gutters and
Sidewalks, was accepted and the Mayor was authorized to execute
the contract. Councilman Strong abstained from voting on this
item.
Upon a motion by Councilman Ratty, low bid of Hydrex
Pest Control for Annual Contract for Pest Control, was accepted,
the other bid rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Ratty, low bid of Lougee-
Michael Equipment for 100 H.P. Front End Loader, was accepted
based on the guaranteed repair cost and repurchase price agree-
ment and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2527 New
Series of the Council of the City of
Bakersfield amending Section 5.38.100
of the Municipal Code, relative to
Relief and Pension Fund for Fire
Department.
Upon a motion by Councilman Barton, Ordinance No. 2527
New Series of the Council of the City of Bakersfield amending
Section 5.38.100 of the Municipal Code, relative to Relief and
Bakersfield,
California,
October 10, 1979 - Page 6
3S3
Pension Fund for Fire Department, was adopted by the following
roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton
Christensen '
Noes: None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 78-79 of
the Council of the City of Bakers-
field declaring it has reviewed,
evaluated and considered the infor-
mation contained in the Final EIR
making findings and certifying that
the Final 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 Zone Change Application
at the northwest corner of New Stine
Road and Ming Avenue.
The Planning Commission reviewed the Amended Final EIR
on the zone change and recommended certification by the Council.
Upon a motion by Councilman Payne, Resolution No. 78-79
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final
EIR making findings and certifying that the Final 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 Zone Change Application at
the northwest corner of New Stine Road and Ming Avenue, was adopted
by the following roll call vote:
Ayes:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property located at the northwest
corner of New Stine Road and Ming
Avenue, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
384
Bakersfield, California, October 10, 1979 - Page 7
The application for this amendment was made by Beim and
James and would change subject property from a P.C.D. (Planned
Commercial Development - Shopping Center Complex) Zone to a P.C.D.
(Planned Commercial Development - Office-Restaurant Complex) Zone.
The Planning Commission approved the amended P.C.D.,
subject to additional conditions and made findings delineated and
required under Section 17.47.090 of the Municipal Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property located at the northwest corner of New Stine
Road and Ming Avenue, approving the Preliminary Development Plan
and making findings in connection with P.C.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 o£ that
certain property in the City of
Bakersfield located on the south side
of Pacheco Road, 660 feet west of
Wible Road.
The application for this amendment was made by Ronald C.
Pass and would change subject property from an "A" (Agricultural)
Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission approved the Negative Declaration,
as advertised and posted, and the R-1 zoning at their meeting of
September 19, 1979.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the south side of Pacheco Road,
660 feet west of Wible Road.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located south of Freeway
178 and east of Fairfax Road.
Bakersfield,
California,
October 10, 1979 - Page 8
385
The application for this amendment was made by Pedro
Pedroza, Agent for Moreland Engineering, Inc., and would change
subject properties from an R-1 (One Family Dwelling) Zone to an
R-2-D (Limited Multiple Family Dwelling - Architectural Design)
Zone; and from an R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission approved the Negative Declaration,
as advertised and posted, and the requested zonings at their meeting
of September 19, 1979.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located south of Freeway 178 and east of
Fairfax Road.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the east side
of California Avenue, between Marella
Way and Business Center Drive.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an "A" (Agricultural) Zone to a C-O-D (Commercial and Pro-
fessional Office - Architectural Design) Zone.
The Planning Commission approved the Negative Declaration,
as advertised and posted, and the requested zoning at their meeting
of September 19, 1979.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the east side of California Avenue,
between Marella Way and Business Center Drive.
386
Bakersfield, California, October 10, 1979 - Page 9
Adoption of Zoning Resolution No.
270 denying application of Tony
Torres to amend Title Seventeen of
the Bakersfield Municipal Code by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 1718
Hendricks Lane.
The application for this amendment was made by Tony
Torres to change subject property from an R-1 (One Family Dwelling)
Zone to an R-3 (Limited Multiple Family Dwelling) Zone. The
Planning Commission, at their meeting of September 5, 1979, was
of the opinion the requested rezoning of subject property to R-3
would not be compatible with the adjacent properties zoned and
developed R-1. A petition containing signatures of 68 property
owners and residents of the neighborhood was submitted in opposition
to the proposed zone change.
Upon a motion by Councilman Barton, Zoning Resolution
No. 270 denying application of Tony Torres to amend Title Seventeen
of the Bakersfield Municipal Code by changing the Land Use Zoning
of that certain property in the City of Bakersfield commonly known
as 1718 Hendricks Lane, was adopted by the following roll call
vote:
Ayes:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
Upon a motion by Councilman Barton, petition containing
signatures of 68 property owners and residents surrounding 1718
Hendricks Lane opposing
ordered placed on file.
the proposed zone change, was received and
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:
Bakersfield, California, October 10, 1979 - Page l0
387
Segment 1:
Segment 2:
Segment 3:
Approximately 0.16 acre of land
located on the northwest corner
of Truxtun Avenue and Olive Street,
from low-density residential to
professional office.
Approximately 2.78 acres of land
generally located between 33rd and
34th Streets, east of San Dimas
Street, from industrial and medium-
density residential to professional
office.
Approximately 4.268 acres of land
located south of Teal Street and
east of Hughes Lane, from medium-
density residential to commercial.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission, after a public hearing held
September 5, 1979, approved the Negative Declaration, but recom-
mended denial of Segment 1.
The Planning Commission approved the Negative Declarations
and recommended approval of Segments 2 and 3, provided certain
conditions are met on Segment 3, as delineated in Planning Com-
mission Resolution No. 54-79.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Bob Frapwell, 1654 Olive Street, stated a petition
containing 72 signatures of property owners and residents surrounding
the property known as Segment 1 was presented to the Planning
Commission in opposition to the requested General Plan Amendment.
Mr. Frapwell requested that the Council uphold the recommendation
of the Planning Commission by denying Segment 1.
Mr. Leroy Jackson, representing Sunil R. Lahiri, M.D.,
owner of the property known as Segment 2, requested that the
Council uphold the recommendation of the Planning Commission by
approving the requested General Plan Amendment on Segment 2.
Mr. Jay Alvin Wheelan, representing the property owners
known as Segment 3, stated he was present to answer questions of
the Council regarding Segment 3.
888
Bakersfield,
California,
October 10,
1979 - Page ll
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 discussion, upon a motion by Councilman Ratty,
Resolution No. 79-79 of the Council of the City of Bakersfield
making findings, adoption of Negative Declarations and denying
approval of Segment 1 of proposed Amendment to the Land Use Element
of the Bakersfield Metropolitan Area General Plan and approving
Segments 2 and 3 of proposed Amendment, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means, Miller, Payne,
Christensen
Ratty, Strong, Barton,
None
None
Councilman Barton announced that the Business Development
and Parking Committee will hold a public meeting to discuss the
Electrical Code on Monday, October 15, 1979, at 5:00 P.M., in
the Council Chambers of City Hall, and requested that the staff
give proper notification to the public and news media.
ADJOURNMENT
Council,
adjourned at
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
8:50 P.M.
~~~m~mkersfield,
Calif.
ATTEST:
CITY CDERK and Ex Ogficio Clerk of the Council
of the City of Bakesfield, California
ma
Bakersfield,
California,
389
October 17, 1979
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., October 17, 1979.
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:
Lt.
Marine Corps'
Mayor Hart.
None
Minutes of the regular meeting of October 10,
Councilmen Miller, Payne, Ratty, Strong,
Barton, Christensen, Means
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Arthur Tollkuhn, U. S. Marine Corps,
"Toys for Tots" Program and requested
support by the donation of a unwrapped new toy.
CORRESPONDENCE
1979 were
reviewed the
community
Upon a motion by Councilman Christensen, petition
containing 305 signatures of merchants, employees and customers on
Ming Avenue opposing elimination of parking on Ming Avenue, was
received and ordered placed on file.
Upon a motion by Councilman Means,
Hay Insurance Agency, Inc., dated October 9,
becoming self-insured, was received and ordered placed on file.
Upon a motion by Councilman Miller, communication from
Volk, Newman, Marsh, Gralla & Karp, Attorneys at Law, dated
October 15, 1979, regarding Highland Real Estate's appeal to the
decision of the Planning Commission granting application of B. L.
Dickinson for a zone change from R-1 to MH, was received and
ordered placed on file.
Upon a motion by Councilman Miller, communication from
Warner Cable of Kern County, dated October 10, 1979, regarding
Warner Cable's history of rate increases, was received and ordered
placed on file.
communication from
1979, regarding cities
390
Bakersfield,
California, October 17,
1979 - Page 2
COUNCIL STATEMENTS
Councilman Christensen read a letter he received from
Harold E. Chapin, Investigation and Insurance Adjusting, 2016 -
17th Street, dated October 16, 1979, regarding the difficulties
he had in obtaining a report from the Police Department on a
traffic accident that occurred October 8, 1979, on State Route
178 and Fairfax Road.
Councilman Christensen made a motion that the letter
from Harold E. Chapin be referred to the Police Chief and Chair-
man of the Police Department Civil Service Commission for appropriate
response back to the Council. This motion was unanimously approved.
Councilman Payne read a letter, which contained three
photographs, from Mr. Pat Beaty, dated October 13, 1979, regarding
problems on Adanac Court with weeds, sidewalks and parking.
Councilman Payne stated he has contacted City staff about these
problems and feels the situation will be corrected.
Councilman Payne made a motion that the letter from Mr.
Pat Beaty be received and referred to staff for appropriate action.
This motion carried unanimously.
Councilman Means requested that the Police Department
and staff investigate the traffic problems on Real Road between
Stockdale Highway and Palm Street, especially traffic enforcement
during the 5:00 P.M. rush hour. Also, that special attention be
given to traffic violations occurring at the stop sign at Real
Road and Palm Street, with the possibility of erecting a second
stop sign in the area.
Councilman Miller requested that the staff communicate
with the State Department of Transportation to explore the possi-
bility of rectifying the errors that have
regarding failure to construct on and off
several locations.
been made in the past
ramps at freeways in
Bakersfield, California, October 17, 1979 - Page
39i
Councilman Payne stated the Police Department cannot
enforce each and every intersection in the City of Bakersfield
and also combat crime with the allocated manpower. There are only
so many hours in a given day and with the limited manpower they
are doing the very best possible. Maybe it is time some of the
policies and procedures within the Police Department were reviewed
to find something more apropos to changing times.
REPORTS
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, read Report No. 7-79 regarding City's contri-
bution to County of Kern Supporting Air Service to the City, as
follows:
In April of this year the City Council demon-
strated its concern over the withdrawal of
United Airline's service by contributing
$5,000 to the County of Kern for legal repre-
sentation regarding this issue.
At that time the Intergovernmental Relations
Committee informed the Council that if the
City's costs would exceed this amount, we
would make further evaluations before any
additional funds would be contributed towards
this effort.
As you know, the County has carried the major
load in opposing this air service withdrawal.
Recently the County made national attention by
filing in the Federal District Court an action
which seeks to command the CAB to order no
termination of Los Angeles to Bakersfield
flights by United until an adequate substitution
is found. This litigation will be expensive,
however, from all indications our plight will
be met with more favorably due to the contro-
versy surrounding the CAB's handling of United's
withdrawal from Bakersfield-San Francisco
flights.
The Committee is therefore recommending that
the Council approve an additional $5,000 out
of the Council's Contingency Fund to the County
so that we will be on record as supporting air
service to this community.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 7-79 regarding City's Contribution
to County of Kern Supporting Air Service to the City, was accepted;
and the additional expenditure of $5,000 from the Council's
'392
Bakersfield, California, October 17,
1979 - Page 4
Contingency Fund to the County of Kern for the City of Bakers-
field's support of air service to this community, was approved.
Assistant City Manager-Finance Kelmar reported the City
received a letter from the County of Kern indicating their estimate
of what the City's property tax revenue for 1979-80 will be. The
gross amount is a little over 5.6 million dollars. They also
indicated there will be reductions in that amount; such as,
delinquency allowance and business inventory subvention. The
City will lose a certain amount of money as a result of legislation
known as AB 8. However, after considering the ramifications o£
both of those items the amount will be approximately 5.2 million
dollars. At the time the budget was finalized and after working
with the Auditor-Controlle~ trying to arrive at an estimate, this
5.2 million dollars is approximately $500,000 to $550,000 higher
than estimated in August.
In 1978-79 the City was to receive a certain amount in
State Bailout Funds, however, as a result of salary increases the
City was told it would not receive any of these funds. The State
Supreme Court invalidated the legislation and as a result the
City received approximately $270,000, out of the 1.2 to 1.3 million
dollars we were told it should have received. Since that time the
State Controller apparently made modifications in their inter-
pretation of that legislation. There was a change indicated in
AB 8 regarding interpretation of what reserves are, which is what
the City was being penalized for. As a result of that an Auditor
from the State Controllers of£ice came to Bakersfield to look at
financial information and the staff is waiting for a confirmation
from them, which is expected in approximately 30-60 days. The
Auditor felt the City would probably receive somewhere in the
vicinity of $900,000 to $1,000,000. So the City will end up
receiving almost all the Bailout Funds from 1978-79. There are
some items that have been referred to the Budget Review and Finance
393
Bakersfield, California, October 17, 1979 - Page 5
Committee for consideration. If this money is received it would
conceivably provide an opportunity to utilize it for the up£ront
money for the Chester Avenue Grade Crossing, whereby other projects
would not have to be deferred. If the Committee so recommends
this one time money could also be utilized for additional work
necessary on the streets.
Councilman Strong and Assistant City Manager-Finance
Kelmar engaged in a lengthy discussion regarding the estimated
carryover funds, reserves and the difference in the figures in
the preliminary and final budgets.
Councilman Strong stated it seems to him there has been
an attempt to hide excess money that existed in the accounts and
it was done by reducing the income side of the preliminary budget
and increasing the expenditure side. Councilman Strong also
stated he is concerned with the difference between the preliminary
budget, which is the one the Council had to work with, and the
present document.
Assistant City Manager-Finance Kelmar stated he would be
happy to prepare a reconciliation showing all the changes between
the preliminary and final budgets.
Councilman Strong stated he would like something prepared
where the sources of revenue and expenditures are not all lumped
together and the surplus is clearly delineated.
Upon a motion by Councilman Barton, inquiries made by
Councilman Strong regarding changes between the preliminary and
final budgets, sources of revenue and surpluses, were referred to
the Budget Review and Finance Committee for investigation and
report back to the Council with substantiating documents for
reviewing purposes.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 8-79 regarding Planned
Merger of General Electric and Cox Broadcasting Corp., as follows:
394
Bakersfield,
California,
October 17,
1979 - Page 6
On September 10, 1979, the City was notified
that General Electric Company will acquire Cox
Broadcasting Corporation (CBC). CBC will be-
come a wholly-owned subsidiary of General
Electric Co. CBC is presently the owner of
Bakersfield Cable T.V., Inc.
The City Attorney's Office has advised this
committee that Ordinance No. 1552, relating to
the franchising of Bakersfield Cable Television,
provides in Section 5(d) that the franchise:
" .... cannot in any event be transferred
in part, and it is not to be sold, trans-
ferred, based, assigned, or disposed of
as a whole, either by forced sale or
merger, consolidation or otherwise,
without prior consent of the City, and
then only under such conditions as may
be therein prescribed .... "
This committee will therefore recommend that
the City Council direct the staff to inform
Bakersfield Cable T.V. that the proposed
transfer cannot be made without the consent of
the City Council. Furthermore, the staff
should be directed to present to Bakersfield
Cable T.V. those conditions making the fran-
chise consistent with the recently negotiated
franchise given to Warner Cable T.V.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 8-79 regarding Planned Merger of
General Electric and Cox Broadcasting Corp., was accepted; and
recommendations as outlined in the report, were approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1862 to 1948,
inclusive, in the amount of $180,161.99.
(b)
Grant Deed from Golden Empire Development
Company providing drainage sump as required
for Tract No. 4117, located at northwest
corner of South "H" Street and Panama
Lane.
(c)
Pipe Line Easement from the City of Bakers-
field to California Water Service Company
for water service to the South Wing of
City Hall.
(d)
Improvement Agreement for Parcel Map No.
5400 with Farm Financial, Inc., for con-
struction of improvements required by
the Planning Commission, located at
southeast corner of Stine Road and Planz
Road.
395
Bakersfield,
California,
October 17,
1979 - Page 7
(d), (e),
(e)
(f)
(g)
(h)
(i)
(J)
Notices of Completion and Acceptance of
Work for improvements on:
Tract No. 3828 A, Contract No. 78-125
with Loma Vista Corporation, located at
Fairview Road and South "H" Street.
Tract No. 3838 B, Contract No. 77-4I with
Mobilhome Corporation, located on Auburn
Street, east of Oswell Street.
Tract No. 3838 C, Contract No. 77-141
with Mobilhome Corporation, located on
Auburn Street, east of Oswell Street.
Tract No. 3838 D, Contract No. 78-47 with
Mobilhome Corporation, located on Auburn
Street, east of Oswell Street.
Tract No. 4109, Contract No. 79-88 with
Tenneco Realty Development Corporation,
located a~ South Half Moon Drive and
Nutmeg Drive.
Application for Encroachment Permit from
Donald Fowler, 3104 Chester Lane, for
construction of concrete block fence along
west side property line extending to back
of sidewalk at 3104 Chester Lane.
Application for Encroachment Permit from
C.P.S.W. Properties, for construction of
3 foot wide roof extension into the right-
of-way along "E" Street at northeast
corner of 22nd Street and "E" Street.
The overhang will be a minimum 8 feet
above sidewalk grade.
Application £or Encroachment Permit from
Robert L. Henson, 655 West Panama Lane,
for construction of 6 foot high chain
link fence or 4 foot high wood fence
along South "H" Street and a 4 foot high
fence along frontage at 1701 St. Clair
Court.
Plans and Specifications for street lights
for Truxtun Avenue between Oak Street and
"G" Street.
Agreement between the City of Bakersfield
and California Water Service Company
authorizing California Water Service
Company to construct a water main to
serve the South Wing Addition to City
Hall.
Upon a motion by Counciiman Miller, Items (a), (b), (c),
(f), (g), (h), (i) and (j) of the Consent Calendar, were
396
Bakersfield,
Cali£ornia, October 17, 1979 - Page 8
adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty,
Christensen, Means
Noes: None
Strong, Barton,
Absent: None
Upon a motion by Councilman Miller, Budget Transfer from
the Council Contingency Fund to the appropriate Police Department
account, in the amount of $6,975.00, for additional Cushman Parking
Control
Ayes:
Noes:
Vehicle, was approved by the following roll call vote:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid o3 Hoven and
Company for Annual Contract for Blueprint Reproduction, was accepted,
the other bid rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Ratty, bid £or construction
of Motorcycle Shelter Extensions at the Police Facility, was
rejected.
Upon a motion by Councilman Ratty, bid of Motorola, Inc.,
for Ten Motorcycle Radios, was accepted.
Upon a motion by Councilman Miller, low bid of Valley
Tree and Construction for demolition and removal of structures at
various locations, Items l, 2, 3, 4, 5 and 7, was accepted and the
other bid rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2528 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property located at the north-
west corner of New Stine Road and Ming
Avenue, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
Bakersfield,
California,
October 17,
397
1979 - Page 9
The application for this amendment was made by Beim and
James and would change subject property from a P.C.D. (Planned
Commercial Development - Shopping Center Complex) Zone to a P.C.D.
(Planned Commercial Development - Office-Restaurant Complex) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2528 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Munici-
pal Code changing the Land Use Zoning of that certain property
located at the northwest corner of New Stine Road and Ming Avenue,
approving the Preliminary Development Plan and making findings in
connection with P.C.D. Zone, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
None
None
Ayes:
Noes:
Absent:
Adoption of Ordinance No. 2529 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 south side of Pacheco Road, 660
feet west of Wible Road.
The application for this amendment was made by Ronald
C. Pass and would change subject property from an "A" (Agricultural)
Zone to an R-1 (One Family Dwelling) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2529 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 south side of Pacheco Road, 660 feet west of Wible Road,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
398
Bakersfield, California, October 17, 1979 - Page 10
Adoption of Ordinance No. 2530 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 east side of California Avenue,
between Marella Way and Business
Center Drive.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an "A" (Agricultural) Zone to a C-O-D (Commercial and
Professional Office - Architectural Design) Zone.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2530 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 east side of California Avenue, between Marella Way and
Business Center Drive, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
None
None
Ayes:
Noes:
Absent:
Adoption of Ordinance No. 2531 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
south of Freeway 178 and east of
Fairfax Road.
The application for this amendment was made by Pedro
Pedroza, Agent for Moreland Engineering, Inc., and would change
subject properties from an R-1 (One Family Dwelling) Zone to an
R-2-D (Limited Multiple Family Dwelling - Architectural Design)
Zone; and from an R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zone to an R-1 (One Family Dwelling) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2531 New Series amending Title Seventeen of the
Bakersfield, California, October 17, 1979 - Page
399
Municipal Code of the City of Bakersfield changing the Land Use
Zoning of that certain property in the City of Bakersfield located!
south of Freeway 178 and east of Fairfax Road, finding said zonings
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 80-79 of
the Council of the City of Bakers-
field deleting a Council Meeting in
the months of November, December,
1979 and January, 1980.
Upon a motion by Councilman Barton, Resolution No. 80-79
of the Council of the City of Bakersfield deleting a Council
Meeting in the months of November, December, 1979 and January,
1980, was adopted by the following roll call vote:
Ayes: Councilmen Miller, Ratty, Strong, Barton, Christensen
Means '
Noes: None
Absent: Councilman Payne
HEARINGS
This is the time set for continued public hearing before
the Council on an Appeal by Highland Real Estate to the decision
of the Planning Commission granting the application of B. L.
Dickinson to change the zoning boundaries from an R-1 (One Family
Dwelling) Zone to an MH (Mobilehome) Zone, affecting those certain
properties located along both sides of the northerly extension of
Fairfax Road.
This hearing was duly advertised and the property owners
were notified as required by law. This hearing was continued from
the Council Meeting of October 3, 1979.
The Planning Commission at their regular meeting of
August 15, 1979, granted the request for an MH (Mobilehome) Zone,
400
Bakersfield, California, October 17, 1979 - Page 12
and on August 21, 1979, Highland Real Estate filed an Appeal to
that decision with the City Council.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Don Border, 4612 Brewer Avenue, presented a petition
containing over 225 signatures urging the Council to deny the
request to rezone the 41.56 acres east of Christmas Tree Lane and
Panorama Drive in the Highlands area from R-1 (One Family Dwelling)
Zone to MH 'Mobilehome) Zone. Mr. Border outlined the reasons they
would like this area to remain single family dwellings.
Mrs. Mary Brown, 3617 La Costa Street, representing the
women of the area, spoke in opposition to the Mobilehome zoning
for this neighborhood.
Mr. Jerry Randall, 4504 Coronado Avenue, spoke in
opposition to the Mobilehome zoning.
Mr. Arthur Rockoff, 4501 Christmas Tree Lane, stated
this type of zoning is exactly what has happened in the past. The
City builds and then plans, instead of planning and then building.
Mr. Rockoff requested that the City retain the R-1 zoning for this
area.
Mr. John Giumarra, Jr., President of Highland Real
Estate, stated Mobilehome zoning would be improper for this area
because the surrounding area has been developed with single family
dwellings. At the present time his company is developing single
family dwellings on the bluffs overlooking this proposed Mobile-
home park. They are opposing this request for zone change from
R-1 to MH from an aesthetic standpoint because Highland Real
Estate has developed the property and homeowners purchased with
the expectations that the area was going to be R-l, single family
dwellings. It would be unfair to change the entire character of
the area by allowing a Mobilehome development. Mr. Giumarra
requested that the Council deny the MH zoning and allow the area
to remain R-1.
Bakersfield,
California,
October 17,
1979 - Page 13
401
Mr. Monroe Rama, property owner in the area, spoke in
opposition to the Mobilehome zoning.
Mr. B. L. Dickinson, applicant for the MH zoning, stated,
on advice from his legal counsel, that Councilman Miller should
disqualify himself and not vote on this matter because he has been
working against the rezoning and also spoke before the Planning
Commission.
City Attorney Hoagland stated Councilman Miller consulted
with him today on this matter and he does not feel there is a
conflict. Councilman Miller appeared before the Planning Commission
as a concerned property owner in the area. City Attorney Hoagland
stated he can find nothing wrong in Councilman Miller surveying
the area to find out how the constituents feel. There is no reason
why Councilman Miller should disqualify himself, all Councilmen do
that in their area.
Mr. James Van Noy, 3109 Fleur Street, stated he felt the
requested Mobilehome zoning is necessary to balance the community
and avoid isolated areas of exclusive or low income homes.
Ms. Mary L. Jones, Planning Commissioner, spoke in favor
of Mobilehome zoning, particularly this parcel. Ms. Jones requested
that the Council approve the application for Mobilehome zoning.
Ms. Stephanie L.
in favor of the Mobilehome
Council to support it.
McCormick, Planning Commissioner, spoke
zoning for this area and urged the
No further 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 discussion, upon a motion by Councilman Miller,
Zoning Resolution No. 271 denying application of B. L. Dickinson
to amend Title Seventeen of the Municipal Code by changing the
Land Use Zoning of those certain properties in the City of Bakers-
field located along both sides of the northerly extension of
402
Bakersfield, California, October 17, 1979 - Page 14
Fairfax Road, was adopted by the following roll call vote:
Ayes: Strong, Barton,
Councilmen Miller, Payne, Ratty,
Christensen, Means
Noes: None
Absent: None
Council,
adjourned at
ADJOURNMENT
further business to
There being no
upon a motion by Councilman Christensen,
10:30 P.M.
come before the
the meeting was
ATTEST:
MAYOR ~ field, Calif.
If. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
BY
ma
Bakersfield, California, October 24,
1979
403
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., October 24, 1979.
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 Payne, Ratty,
Means, Miller
Strong,
Christ ensell,
Absent: Councilman Barton
Minutes of the regular meeting of October 17, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Jack Duncan, 527 Pheasant Avenue, requested Council
endorsement supporting Proposition l, Anti-Busing Measure, on the
ballot for the election to be held November 6, 1979.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Engineering Associates, dated October 22, 1979, requesting abandon-
ment of Fortune Street from Panama Lane to Tomlinson Street, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Payne, communication from
David W. Thomley, Receiver for the Bank of America Building, dated
October 16, 1979, requesting renewal of Parking Lease Agreement
No. 77-99, 20 spaces - Old Police Building Site, was received and
referred to the Business Development and Parking Committee for
study and recommendation.
Councilman Ratty requested that the Business Development
and Parking Committee study the temporary parking arrangements
that were made for construction purposes and not meant to be per-
manent.
4O4
Bakersfield, California, October 24, 1979 - Page 2
COUNCIL STATEMENTS
Councilman Christensen reported on a special meeting he
attended in San Francisco in September that was called by the
League of California Cities for the purpose of discussing the
preservation of Lake Tahoe and he also indicated that new material
regarding this problem would be placed in the Council packets next
week. Councilman Christensen read a letter from Janet Gray Hayes,
Mayor of San Jose, requesting that the Council adopt a resolution
calling for the establishment of a Lake Tahoe National Recreational
Area.
Councilman Payne made a statement regarding the frus-
trations and delays encountered by people trying to fly out of or
into the Bakersfield area. Greater contributions and efforts must
be made if this community is to have any hope of retaining essential
air service. This area needs the services of United Airlines until
such time as Air Pacific can provide essential services. If the
people of this community want these services to remain they will
have to do something more than the Board of Supervisors and City
Council can do. Councilman Payne encouraged each and every member
of this community who want to retain competent air service to
contact their Councilman, Supervisor, Assemblyman, Congressman and
Senator; write letters to local newspapers; call the Chamber of
Commerce and Board of Trade; and voice their concerns to their
employers, fellow employees, trade and civic organizations, friends
and neighbors. This community will suffer a very personal loss if
major airlines into and out of this area are lost because we have
failed to act properly.
During discussion, Councilman Means made a motion that
the Council write a letter to the City's Assemblyman, Senator and
Congressman urging them to protect the interests of the citizens
of Bakersfield by fighting harder to retain United Airlines'
services until such time as adequate services are provided. This
motion was unanimously approved.
Bakersfield, California,
October 24,
1979 - Page 3
405
REPORTS
Assistant City Manager-Finance Kelmar presented a joint
staff report from City Manager H. E. Bergen and County Adminis-
trative Officer R. S. Holden, dated October 17, 1979, regarding
City and County Fire Services Unification: Interim Report on Fire
Station Location Survey.
Councilman Miller stated he would like to emphasize,
with regards to any proposal that is made regarding the Fire
Station Location Survey, that public hearings be held.
Upon a motion by Councilman Ratty, report from the City
Manager and County Administrative Officer, dated October 17, 1979,
regarding City and County Fire Services Unification: Interim Report
on Fire Station Location Survey, was accepted; and the Council
authorized the solicitation of cost proposals from alternative
consultants for conducting a Fire Station Location Survey.
CONSENT CALENDAR
The following items were listed on the Consent
(a) Allowance of Claims Nos. 1949 to 2168,
inclusive, in the amount of $361,276.65.
Calendar:
(b)
Claim for Damages from Paulette McCullen,
11709 Brockridge Court, Bakersfield.
(Refer to City Attorney)
<c)
Claim for Damages from Ardis M. Elsdon,
4401Palmacia Drive, Bakersfield. (Refer
to City Attorney)
(d)
(e)
Map of Tract No. 4110 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located at northwest
corner of Wilson Road and Sage Drive.
Improvement Agreement for Parcel Map No.
5594 with Stephen Clifford for improve-
ments required by the Planning Commission,
located at southeast corner of Planz Road
and Wible Road.
4O6
Bakersfield, California, October 24, 1979 - Page 4
(f)
(g)
(h)
(i)
(J)
(k)
(1)
Notice of Completion and Acceptance of
Work for improvements on Virginia Avenue,
Owens Street, South King Street and
Potomac Avenue, Contract No. 79-90 with
Albert C. Acosta Construction. The
project was completed October 19, 1979,
except approximately 300 lineal feet of
curb and gutter, which cannot be com-
pleted until telephone poles are removed
from the construction area. Public Works
Department recommends that $3,000 be
withheld from payment due the contractor
until completion of the curb and gutter.
The contractor agrees to complete said
curb and gutter within 30 days after
utilities are relocated.
Contract Change Order No. i to Contract
No. 79-142 with Griffith Company for
construction of pavement improvements on
portions of White Lane, Akers Road and
Fairfax Road. This Change Order provides
for raising manholes which were installed
under a previous contract and will add
$2,600, increasing the total contract
amount to $154,578.32.
Contract Change Order No. 1 to Contract
No. 79-90 with Albert C. Acosta Con-
struction Company for construction of
Virginia Avenue, Owens Street, South King
Street and Potomac Avenue. This Change
Order is necessary to provide a curbing
at back of sidewalk to prevent caving of
an existing fence and erosion of soil
from underneath said fence. Funds for
this Change Order have been approved by
the Economic Development Administration
and will add $4,000, increasing the total
contract amount to $78,576.50.
Application for Encroachment Permit from
George A. Schneider, 913 E1 Toro Drive,
for construction of a 4 foot high wood
fence along south property line to back
of sidewalk area at 913 E1 Toro Drive.
Application for Encroachment Permit from
Tosco Corporation, 2201 Fruitvale Avenue,
to bore under Buena Vista Road for a 10"
oil line immediately south of Kern River
Canal.
Plans and Specifications for construction
of a Storm Drain on College Avenue.
Consent to Transfer of Ownership from
Mobil Oil Corporation to Mohawk Petroleum
Corporation, Inc., of Mobil Oil Corpora-
tion's Pipeline M-52 located in certain
City streets pursuant to franchise
authority.
Bakersfield, California, October 24, 1979 - Page 5
4O7
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 Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
Upon a motion by Councilman Means, report from the
Finance Operations Manager W. D. Higginbotham, Jr., dated October
22, 1979, regarding "Buy-Local" Policy, was received and referred
to the Budget Review and Finance Committee for study and recom-
mendation back to the Council. Councilman Ratty voted in the
negative on this motion.
Councilman Ratty stated he could not see a reason to
refer this report to a committee because it is perfectly obvious
what other cities are doing and what this City should do.
ACTION ON BIDS
Upon a motion by Councilman Means, low bid for Proposal
"A" from Granite Construction Company for resurfacing and improving
portions of California Avenue between Stockdale Highway and Oak
Street, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:50 P.M. ~
MAYOR'he City of Bakersfield, Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
/ASSISTANT CITY CLERK
ma
4O8
Bakersfield, California, October 31, 1979
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., October 31, 1979.
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 Ratty, Strong, Christensen,
Means, Miller, Payne
Absent: Councilman Barton
Minutes of the regular meeting of October 24,
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty,
1979 were
communication from
Panama Union School District, dated October 30, 1979, opposing
zoning request of Robert J. Matsumoto for property commonly known
as 5400 and 5600 Lennox Avenue, was received and will be con-
sidered during public hearing on this matter scheduled for
November 14, 1979.
Upon a motion by Councilman Payne, communication from
Moreland Engineering, Inc., dated October 29, 1979, requesting
annexation of Wild West Shopping Center located near Real Road
and Stockdale Highway, was received and referred to the Planning
Commission for study and recommendation.
COUNCIL STATEMENTS
Councilman Payne read a memorandum from R. O. Price,
Chief of Police, dated October 22, 1979, regarding Letter
Regarding Fatal Accident - Harold E. Chapin, as follows:
Reference is made to the letter dated October
16, 1979, to Councilman Christensen from
one Harold E. Chapin, complaining that the
police department unnecessarily delayed or
refused to give him a copy of the report of
the fatal accident occurring on State Route
178 and Fairfax Road.
The fact of the matter is that Mr. Chapin
on his first trip to the office was given
the information from the report, such as
names, addresses, witnesses, etc. He was
Bakersfield, Cali£ornia, October 31, 1979 - Page 2
4O9
told at that time that the remainder of the
report was not ready and would not be
released pending a review by the district
attorney's office. He apparently called
the district attorney's office and was told
that the district attorney had no hold on
the report. He then recontacted this office
and was told again that the report would
not be released until reviewed by the
district attorney -- that is, the narra-
tive portion.
The reasons for this is that it was a fatal
accident and could have involved criminal
complaint and it is not desirable to
release a report until we are sure it is
complete. In fact, several days after the
accident I personally contacted the district
attorney regarding some information I had
received relative to some additional wit-
nesses. At that time the district attorney
indicated we should pursue the witnesses
rather than their office. This caused
additional delay to the report being completed.
Upon the completion of the report, it was
reviewed by the district attorney and now
is available for release. Had the report
been released prior to the review of the
district attorney and further investigation
had been required, then those reports which
had been released would have been incomplete.
Therefore, the report was not released,
and I feel that the actions of Lieutenant
Middleton were correct.
Councilman Payne stated he endorses Chief Price's
statement because he also feels the acts of Lt. Middleton were
absolutely accurate and proper under the circumstances.
Councilman Miller commented on a negative response
that has been received from the State Department of Transpor-
tation regarding the City's request that they evaluate the need
for roadway lighting and flashing beacon at the intersection of
Highway 178 and Fairfax Road. Councilman Miller requested that
the staff inform the State Department of Transportation that
their response is totally unacceptable and invite them to visit
the site with him.
Mayor Hart stated the Charter Review and Advisory
Commission is having difficulty getting a quorum together to
hold a meeting. Mayor Hart requested that each Councilman
remind their appointees that they accepted the responsibility
4i0
Bakersfield, California, October 31, t979 - Page 3
and should attend the meetings. This Commission should either
move forward or it might as well be put out of existence.
Councilman Christensen requested that the Secretary
of the Charter Review and Advisory Commission call each Councilman
prior to the next meeting so they can remind their appointees
to attend.
Mayor Hart read a Mailgram from John T. Smith,
Director of the Western Region of the Civil Aeronautics Board,
advising that the CAB and the County of Kern will meet to dis-
cuss transitional air service needs for the City of Bakersfield
at 10:00 A.M., November 9, 1979, in the office of County
Counsel Ralph B. Jordan in the Kern County Civic Center, 1415
Truxtun Avenue. Mayor Hart stated he would be attending this
meeting.
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 4-79 regarding Basketball
and Volleyball Recreation Fees, as follows:
This committee has met with the staff to
discuss proposed changes in basketball
and volleyball recreation fees. In light
of Council policy of recovering the full
cost of adult programs and a 50% recovery
cost of elementary and junior high programs,
the Committee reviewed program cost figures
and related justifications for these pro-
posed changes. The Committee is satisfied
with these and therefore recommends the
following:
l) The team fees for adult basketball be
increased from $400 to $450 per team. This
increase is necessary due to the higher
cost of facility rental fees from the
schools and hourly pay rate adjustments
given to scorekeepers, officials, etc.
2) The team fee for adult volleyball be
increased from $40 to $45 per team. This
increase is necessary due to the higher
cost of facility rental fees from the
schools.
3) The team fee for elementary and junior
high basketball be reduced from $55 to $40
per team. This decrease results from the
use of voluntary supervision and leaders
from these schools to carry-out programs.
Previously, these services were paid for.
Bakersfield, California,
October 31,
1979 - Page 4
411
Upon a motion by Councilman Christensen, Auditoritum-
Recreation Committee Report No. 4-79 regarding Basketball and
Volleyball Recreation Fees, was accepted; team fees for adult
Basketball were increased from $400 to $450 per team; team fees
for adult Volleyball were increased £rom $40 to $45; and team
fees for elementary and junior high Basketball were reduced from
$55 to $40.
Director of Fire and Development Services Needham
reported that someone has approached the City on several occasions
regarding the rehabilitation and purchase of the Padre Hotel,
and it is requested that this matter be referred to a Council
Committee.
Upon a motion by Councilman Miller the matter of the
rehabilitation and purchase of the Padre Hotel was referred to
the Business Development and Parking Committee for study and
recommendation.
Director o£ Fire and Development Services Needham
reported that the Council authorized the Redevelopment Agency
to pursue an appraisal of the Sill property located at 18th
and Eye Streets and this has been done. It is requested that
the matter be submitted to a Council Committee for further
study and recommendation back to the Council.
Upon a motion by Councilman Miller, acquisition of
the Sill property located at 18th and Eye Streets, was referred
to the Business Development and Parking Committee for study
and recommendation back to the Council.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2169 to 2260,
inclusive, in the amount of $304,140.92
(b) Application for Leave to Present Late
Claim for Damages from Robert Malloy
Wakefield, 44049 Hardwood, Lancaster,
Calfornia. (Refer to City Attorney)
4i2
Bakersfield, California, October 31, 1979 - Page 5
(c)
Application for Leave to Present Late
Claim for Damages from Mary McCleery and
Charles McCleery, 2817 Lydick Way, Eugene,
Oregon. (Refer to City Attorney)
(d) Notices of Completion and Acceptance of
Work for improvements on:
Asphalt Concrete Pavement on portions of
Panorama Drive, Contract No. 79-146 with
Granite Construction Company.
Tract No. 3891 A, Contract No. 77-147,
with Tejon Valley Development Company,
located at Stine Road and Harris Road.
Tract No. 4050, Contract No. 79-87, with
Tenneco Realty Development Corporation,
located at West Half Moon Drive and
Barrington Street.
Kern River Canal Diversion Structure,
Contract No. 79-72, with Kaweah Con-
struction Company.
(e)
Quitclaim Deed from Gulf Oil Corporation
to the City of Bakersfield for surface
rights for a portion of the NW¼ of the
SW¼ of Section 26, T. 29 S, R. 27 E.,
MDB&M, located approximately 3/4 mile
west of Oak Street along the Truxtun
Avenue Extension.
(f)
Application for Encroachment Permit from
Robert James, 2604 Lum Avenue, for con-
struction of a 4 foot high wood fence
(3 feet high within right-of-way) along
side property lines to back of sidewalk
area.
(g)
Application for EncroachmentPermit from
Thomas W. Ladd, 2529 - 21st Street, for
construction of a 4 foot high wood fence
at back of sidewalk area along Pine Street
at southeast corner of 21st Street and
Pine Street.
(h)
Adoption of City of Bakersfield Standard
Drawings Nos. S-33, Cul-de-sacs; S-34,
Street Knuckle; and S-41, Wheelchair Ramps.
(i)
Agreement with Pacific Gas & Electric
Company providing for underground installa-
tion of power service for street lights
along Truxtun Avenue between Oak Street
and "G" Street.
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 Ratty, Strong, Christensen, Means, Miller,
Payne
Noes: None
Absent: Councilman Barton
Bakersfield, California, October 31, 1979 - Page 6
413
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid of Robert Moss,
Jr., for Roll-Up Door Operators (15 units), was accepted and all
other bids rejected.
Upon a motion by Councilman Payne, low bid of South-
western Pump Co. for Trailer Mounted Trash Pumps, was accepted
and all other bids rejected.
Upon a motion by Councilman Payne, low bid of Contractors
Equipment Supply for One Ton Roller and Tilt Bed Trailer, was
accepted and all other bids rejected.
Upon a motion by Councilman Payne, low bid of
Griffin Fabricators for Metal Control Weirs, was accepted and
all other bids rejected.
Upon a motion by Councilman Means, low bid of
Battery Specialists for Automotive Batteries - Annual Contract
No. 13480, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Miller, low bid of
Granite Construction Company for construction of Storm Drains
in Auburn Street and Panorama Drive, was accepted, all other
bids rejected and theMayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, all bids for
eight Police Special Motorcycles, were rejected and the Finance
Operations Manager was authorized to readvertise for bids.
DEFERRED BUSINESS
Adoption of Resolution No. 81-79 of
the Council of the City of Bakers-
field supporting the creation of a
Lake Tahoe National Recreational
Area for the preservation of Lake
Tahoe.
Upon a motion by Councilman Payne, Resolution No.
8!-79 of the Council of the City of Bakersfield supporting the
creation of a Lake Tahoe National Recreational Area for the
414
Bakersfield, California, October 31, 1979 - Page 7
preservation of Lake Tahoe, was adopted by the following roll
call vote:
Ayes Councilmen Ratty, Strong, Christensen, Means, Miller,
Payne
Noes None
Absent: Councilman Barton
Councilman Christensen stated Mayor Janet Gray Hayes
of San Jose spearheaded this project to save Lake Tahoe and she
is encouraging Bakersfield to send a delegate to the National
League of Cities Conference to be held in Las Vegas, Nevada,
sometime after November 21, 1979.
Councilman Means made a motion that Councilman Strong
be appointed as the delegate representing the City of Bakersfield
at the National League of Cities Conference in Las Vegas, Nevada.
Councilman Payne made a motion that Councilman
Christensen be appointed as the alternate delegate representing
the City of Bakersfield at the National League of Cities
Conference in Las Vegas, Nevada.
These motions were unanimously approved.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 10.70 to the Munici-
pal Code prohibiting drinking of
Alcoholic Beverages on the streets
in Bakersfield.
Due to the increasing problem of litter and damage
costs to property created by people drinking alcholic beverages
on the streets and highways, it is felt that a measure is needed
to control this activity for the public safety and protection of
property. The City of Fresno has an ordinance similar to this
which has been in e££ect with success.
Councilman Means made a motion that the Ordinance
adding Chapter 10.70 to the Municipal Code prohibiting drinking
of Alcoholic Beverages on the streets in Bakersfield, be referred
to the Business Development and Parking Committee for study and
recommendation back to the Council.
Bakersfield,
California,
October 31,
1979 - Page 8
415
Councilman Payne offered a substitute motion that first
reading be considered given an ordinance adding Chapter 10.70 to
the Municipal Code prohibiting drinking of Alcoholic Beverages
on the streets in Bakersfield, and the ordinance be referred to
the Business Development and Parking Committee for study and
recommendation back to the Council at next week's meeting.
Councilman Strong stated he recognizes the problem the
Police Department is having, but he would hope that the Council
would not act in haste and pass a law that might infringe on the
rights of people not causing such problems. There may be a
number of people who would like to provide public input before
acting upon this ordinance, and it is hoped the Council would
allow the Committee whatever amount of time needed for written
documentation from Fresno on how this law has helped clear up
their problem.
After discussion, Councilman Payne's amended substitute
motion that first reading be considered given an Ordinance adding
Chapter 10.70 to the Municipal Code prohibiting drinking of
Alcoholic Beverages on the streets in Bakersfield, and the
ordinance be referred to the Business Development and Parking
Committee for study and recommendation back to the Council as
soon as possible, after receiving comments from the Chief of
Police and information from the City of Fresno, carried by
the following roll call vote:
Ayes: Councilmen Ratty, Strong, Christensen, Means, Miller, Payne
Noes: None
Absent: Councilman Barton
Councilman Christensen requested Mayor Hart to send
Mayor Janet Gray Hayes of San Jose a copy of the resolution
adopted by the Council tonight supporting the preservation of
Lake Tahoe and also inform her that Councilman Strong was
appointed as the delegate to represent the City of Bakersfield
at the National League of Cities Conference in Las Vegas, Nevada.
416
Bakersfield, California, October 31, 1979 - Page 9
Deferral of Operating Agreement with
Security Pacific National Bank for
Rehabilitation Loans using City's
CHFA set-aside allocation.
Recently the City of Bakersfield secured a $4,000,000
allocation from the California Housing Finance Agency for housing
programs at an 8.25% interest rate. Of that amount, $2,300,000
was divided among five participating local lenders; the balance
of $1,700,000 was set aside for the City to direct towards "high
priority" loans. This agreement would allow the City to utilize
a portion of these funds for Title 1 Home Improvement Loans
through Security Pacific National Bank, writing them down to
4% with its Community Development Block Grant Funds.
Upon a motion by councilman Strong, Operating Agree-
ment with Security Pacific National Bank for Rehabilitation Loans
using the City's CHFA set-aside allocation, was deferred until
the Council Meeting of November 7, 1979, with the understanding
that the loan application documents and accompanying certifi-
cation be provided to the Council for their perusal prior to
approving the agreement.
HEARINGS
This is the time set for public hearing before the
Council on Resolution of Intention No. 944 of the Council of
the City of Bakersfield declaring its intention to order the
vacation of a portion of 40th Street between Chester Avenue
and Jewett Avenue, in the City of Bakersfield.
This hearing has been duly posted.
Mayor Hart declared the hearing open for public
participation.
Mr. Tom Morris, Bernard & Sons Meat Company, 4011
Jewett Avenue, stated they will be receiving a gift of 11.25
feet of property and will not be able to use it in their
business. Mr. Morris wanted to know what they will be required
to do with this property, because they do not particularly want
another 11.25 feet the length of the property, over 500 feet,
to maintain for the next 20 years.
Bakersfield, California, October 31, 1979 - Page 10
417
Director of Public Works Hawley stated one of the
conditions of Parcel Map No. 743 was that the developer construct
curbs, gutters and sidewalks, and the property owner now has an
agreement with the City to do that work within 1 year from January,
1979. This action tonight will not have any effect on that
agreement, but as far as the 11.25 feet is concerned, that will
be abandoned and will go to the adjacent property owner, in this
case Bernard & Sons. There is nothing mandated in this gift
of property. The property owner is responsible for maintaining
the area between the property line and curb
not have an effect on that. In other words,
the obligation to maintain it.
line and this will
he already has
No further protests or objections being received,
Mayor Hart closed the public portion of the hearing for Council
deliberation and action.
Upon a motion by Councilman Strong public hearing on
Resolution of Intention No. 944 of the Council of the Council
of the City of Bakersfield, declaring its intention to order
the vacation of a portion of 40th Street between Chester Avenue
and Jewett Avenue, in the City of Bakersfield, was continued
until the Council Meeting of November 14, 1979, to allow Mr.
Morris time to meet with the Director of Public Works for
discussion and clarification of the problems brought out tonight.
This is the time set for public hearing before the
Council on Resolution of Intention No. 945 of the Council of
the City of Bakersfield, declaring its intention to order the
vacation of a Road Easement north of State Route 178, in the
City of Bakersfield.
This hearing has been duly posted.
Mayor Hart 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, October 31, 1979 - Page 11
Upon a motion by Councilman Miller, Resolution No.
82-79 of the Council of the City of Bakersfield ordering the
vacation of a Road Easement north of State Route 178, in the
City of Bakersfield, was adopted by the following roll call vote:
Ayes Councilmen Ratty, Strong, Christensen, Means, Miller,
Payne
Noes None
Absent: Councilman Barton
This is the time set for continued public hearing
before the Council to consider the adoption of an Ordinance
of the Council of the City of Bakersfield amending portions of
Title 13 including Chapters 13.01 and 13.56 adopting by
reference the Uniform Electrical Code, and the National
Electrical Code, 1978 Edition.
This hearing was continued at the Council Meeting of
September 12, 1979 and referred to the Business Development and
Parking Committee in order to resolve some of the issues raised
and allow further public input.
Mayor Hart declared the hearing open for public
participation. No protests or objections being received, the
public portion of the hearing was closed for Council delibera-
tion and action.
Upon a motion by Councilman Payne, Ordinance of
the Council of the City of Bakersfield amending portions of
Title 13 including Chapters 13.01 and 13.56 adopting by
reference the Uniform Electrical Code and the National Code,
1978 Edifion, was continued until the Council Meeting of
November 14, 1979.
Bakersfield, California, October 31, 1979 - Page 12
ADJOURNMENT
There being no further business to come be£ore the
Council, upon a motion by Councilman Christensen, the meeting
was adjourned at 9:30 P.M.
MAY(LP~the City of Bakersfield, Calif.
ATTEST:
CITY C d Clerk of the Council
of the~City of Bakersfield, California
ma
Bakersfield, California, November 7, 1979
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., November 7, 1979.
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 October 31, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. John Ramirez, U. S. Bureau of Census, reviewed the
procedures that will be followed during the 1980 Census to be
conducted throughout the United States during April, 1980. Mr.
Ramirez stated the Bureau of Census is requesting that the highest
elected official, on a voluntary basis, form a Complete Count
Committee of a cross section of this community to help publicize
and encourage the 1980 Census.
Councilman Miller stated he felt the staff should prepare
a document supporting the 1980 Census and made a motion that the
Mayor and each Councilman appoint one person to serve on the
Complete Count Committee to help publicize and encourage the Census.
This motion was unanimously approved.
Mr. John Jensen, 1405 White Lane, representing Jensen
International of Bakersfield, objected to the City's method of
awarding the bid for refuse trucks and containers.
CORRESPONDENCE
Upon a motion by Councilman Miller, communication from
Mr. & Mrs. A1 Grimes, 709 Hewlett Street, dated November 5, 1979,
opposing zoning request of Robert J. Matsumoto for property commonly
known as 5400 and 5600 Lennox Avenue, was received and will be
considered during public hearing on this matter scheduled for
November 14, 1979.
Bakersfield,
California,
November 7,
1979 - Page 2
4121
Upon a motion by Councilman Miller, communication from
Daniel R. Hale, P.O. Box 9206, Bakersfield, dated November 2,
1979, giving notice of commencement of an action in Superior Court
seeking a Writ of Mandate to set aside the approval and acceptance
by the City Council of the Environmental Impact Report for th& Rio
Bravo Land Use and Transportation Element Amendment to the General
Plan, was received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
the Downtown Business Association, dated November 2, 1979, urging
the adoption of the proposed ordinance prohibiting drinking of
alcoholic beverages on City streets, was received and ordered
placed on file.
Upon a motion by Councilman Christensen, communication
from Gannon Enterprises, Inc., dated November 2, 1979, offering to
work with the City of Bakersfield in the selection, construction
and operation of housing which would help the City meet some of its
relocation obligations within the Downtown Redevelopment Target
Area, was received and referred to the Fire and Development Services
Department for response.
Upon a motion by Councilman Payne, communication from
Safeway Stores, Inc., dated October 30, 1979, requesting that
Condition No. 2 be waived regarding installation of a fire hydrant
on Brundage Lane 150 feet east of the intersection with Chester
Avenue, was received and referred to the City Attorney for response.
COUNCIL STATEMENTS
Councilman Ratty announced that the grant has been approved
by the F.A.A. for Phase II of the Planning Study for the Bakersfield
Airpark. This requires 20% from participating parties and in the
previous Feasibility Report on a study site the County and City
cooperated in this percentage. Councilman Ratty requested that the
staff initiate a letter to the County of Kern asking that they join
the City in this effort.
422
Bakersfield, California, November 7, 1979 - Page 3
Councilman Ratty stated it has been brought to his
attention that he did not comment on the proposed ordinance pro-
hibiting drinking of alcoholic beverages on City streets. Council-
man Ratty stated he is solidly behind this ordinance because it is
necessary to give Police Officers a needed tool to handle a very
difficult situation on Chester Avenue.
Councilman Ratty stated he is deeply humiliated and
embarrassed by the United States handling of the situation in
Iran. The United States is supposedly one of the strongest nations
in the world who upholds moral and financial values, and it is
hard to understand how we can be intimidated by any little dust
spot that happens to sit on a lot of oil. It is hoped that
President Carter starts acting like a man in this situation because
they are dealing with lives.
Councilman Payne stated he plans to make a motion at
next week's Council Meeting instructing the staff to install some
type of traffic control device at the intersection of Montalvo
Drive and Kroll Way.
Councilman Miller requested a status report on the Parks
Policy that the Council requested the staff and Planning Commission
to draft several weeks ago.
Director o£ Public Works Hawley stated there is a draft
policy presently being worked on and it should be ready to submit
to committee in approximately one month.
Councilman Miller requested a report on the meeting that
was held at the Y.M.C.A., Monday, November 5, 1979, regarding the
proposed Downtown Shopping Mall.
Director of Fire & Development Services Needham stated
that all property owners, tenants and employees in the entire
project area were notified of the meeting. The purpose of the
meeting was for input so that information could be relayed to the
Council and Redevelopment Agency. The information from that meeting
Bakersfield, California, November 7, 1979 - Page 4
423
should be compiled and completed in approximately one week and it
will then be forwarded to the Council, Mayor and Redevelopment
Agency.
Councilman Christensen requested that the staff notify
the Redevelopment Agency that the Council wants to receive notices
of their meetings 24 hours in advance of such meetings.
REPORTS
Assistant City Manager-Personnel Russell introduced Mr.
Jerry Robinson, Dean of Activities and Athletic Director of Foot-
hill High School, and the student counterparts for Mayor and
Members of the Council who will be participating in the 25th Annual
Teenage Student Government Day on Wednesday, November 14, 1979.
Mr. Russell reviewed the schedule of activities for Teenage Student
Government Day and invited the Mayor and Council to attend.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2261 to 2360,
inclusive, in the amount of $129,032.72.
(b)
Map of Tract No. 4163 and Improvement
Agreement with Mobilhome Corporation for
construction of improvements therein,
located west of La Costa Street and north
of Auburn Street.
(c)
Plans and Specifications for pavement
improvements on La Costa Street between
Auburn Street and 1,300 feet north.
(d)
Plans and Specifications for construction
of Canal Extension on White Lane at
Farmer's Canal.
(e)
Revision of City of Bakersfield Standard
Drawing Nos. S-9, Drainage Sump; S-10,
Chain Link Fence; and S-11, Chain Link
Gates.
(f)
Street Dedication from John and Dorothy
Slikker for a portion of Floral Drive as
required by the Planning Commission for
Parcel Map No. 4744, located west of Mt.
Vernon Avenue, south of Freeway 178.
(g)
Agreement with the County of Kern pro-
viding for a pipeline crossing of the
Kern River and Cross Valley Canal on the
Gosford-Coffee Road facilities.
49.4
Bakers£ield,
California, November 7,
1979 - Page 5
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Strong, low bid of Granite
Construction Company for resurfacing portions of "T" Street, 8th
Street and Owens Street, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, bid of Safety Electric
Corporation for Street Lights along Truxtun Avenue between Oak
Street and "G" Street, was accepted and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Strong, base bid of Granite
Construction Company for construction of curbs and gutters on
various streets in the Kern Division, was accepted and the Mayor
was authorized to execute the contract.
After discussion, upon a motion by Councilman Ratty, low
bid of Ray Gaskin Service for Refuse Trucks and Containers, was
accepted, the other bid rejected and Budget Transfer from Account
No. 81-848-6100 to Account No. 81-484-8000, in the amount of
was approved, by the following roll call vote:
Councilmen Strong, Barton, Christensen, Payne, Ratty
Councilman Means
$25,195.64,
Ayes
Noes:
Absent:
Abstaining:
None
Councilman
Upon a motion
Fire Equipment for l½" Fire Hose, was
rejected.
Miller
by Councilman Payne, low bid of Wardlaw
accepted and all other bids
Bakersfield, California, November 7, 1979 - Page 6
Upon a motion by Councilman Ratty, low bid of Kern County
Equipment Company for 4,000 lb. Capacity Fork Lift, was accepted
and all other bids rejected.
Upon a motion by Councilman Christensen, low bid of CESCO
for Vibrating Roller for the Public Works Department, was accepted
and the other bid rejected.
Upon a motion by Councilman Payne, all bids for Annual
Contract for Tire Recapping, were rejected and the Finance Operations
Manager was authorized to rebid the contract.
DEFERRED BUSINESS
Referral of Operating Agreement with
Security Pacific National Bank for
Rehabilitation Loans using City's
CHFA set-aside allocation.
Recently the City of Bakersfield secured a $4,000,000
allocation from California Housing Finance Agency for housing
programs at an 8.25% interest rate. Of that amount $2,300,000
was divided among five participating local lenders; the balance
of $1,700,000 was set aside for the City to direct towards "high
priority" loans. This agreement would allow the City to utilize
a portion of these funds for Title I Home Improvement Loans
through Security Pacific National Bank, writing them down to 4%
with its Community Development Block Grant funds.
The Operating Agreement with Security Pacific National
Bank for Rehabilitation Loans using the City's CHFA set-aside
allocation was continued at the Council Meeting of October 3, 1979,
with the understanding that the loan application documents and
accompanying certification be provided to the Council for their
perusal prior to approving the agreement.
After discussion, upon a motion by Councilman Strong,
Operating Agreement with Security Pacific National Bank for Rehabili-
tation Loans using City's CHFA set-aside allocation, was referred
to the Budget Review and Finance Committee for further study and
recommendation.
426
Bakersfield, California, November 7, 1979 - Page 7
NEW BUSINESS
Adoption of Resolution No. 83-79 of
the Council of the City of Bakers-
field consenting to a Joint Public
Hearing on the proposed Third Amend-
ment to the Amended Redevelopment
Plan for the Downtown Bakersfield
Redevelopment Project; authorizing
the establishment of a date therefor,
and publication of Notice of Joint
Public Hearing.
This resolution is required by Sections 33431 and 33433
of the California Community Development Law and sets the date for
the Joint Public Hearing with the City Council and Redevelopment
Agency for 4:00 P.M., Wednesday, December 5, 1979, in the Council
Chambers of City Hall.
Upon a motion by Councilman Barton, Resolution No. 83-79
of the Council of the City of Bakersfield consenting to a Joint
Public Hearing on the proposed Third Amendment to the Amended
Redevelopment Plan for the Downtown Bakersfield Redevelopment
Project; authorizing the establishment of a date therefor, and
publication of Notice of Joint Public Hearing, was adopted by the
following roll call vote:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Ayes:
Noes: None
Absent: None
HEARINGS
This is the time set for public hearing before the
Council to determine whether public necessity, health, safety or
welfare require formation of an Underground Utility District No.
2, Division 4.
This hearing has been duly posted and utility companies
and property owners within the District have been notified.
On October 3, 1979, the Council adopted Resolution No.
74-79 and established November 7, 1979, as the date for public
hearing on whether public interest requires undergrounding of
Bakersfield, California, November 7,
1979 - Page 8
427
public utilities in an area bounded on the north by l?th Street,
on the east by "N" Street, on the south by Truxtun Avenue and on
the west by "K" Street.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Kenneth Bates, Deadrich, Bates & Tutton, Attorneys
at Law, 1122 Truxtun Avenue, spoke in opposition to the under-
grounding of utilities in this area.
Mr. William Kuhs, one of the owners of the First Baptist
Church property, spoke in
this area. Mr. Kuhs also
Fanucchi, property owners
favor of the underground of utilities in
stated Mr. Kilton Younger and Mr. Gino
in the area, have authorized him to speak
in favor of this district on their behalf.
Mr. Edwin Wilson, Attorney at Law, 1112 Truxtun Avenue,
spoke in favor of undergrounding utilities in this area.
No further 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.
Upon a motion by Councilman Ratty, Resolution No. 84-79
of the Council of the City of Bakersfield, State o£ California,
establishing Underground Utility District No. 2, Division 4, was
adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Discussion regarding Street Cleaning
Program.
City Manager Bergen stated this presentation will be on
the City's Street Cleaning Program. Over the past six months some
members of the Council have expressed a desire to provide more in-
put into the City's annual budget, particularly Councilman Means,
who has expressed interest and concern on the budget and how the
Bakersfield, California, November 7, 1979 - Page 9
level of service directly affects expenditures. As a result,
from time to time, the staff plans to make presentations regarding
various City services allowing the Council to comment and modify
how present levels of service are chosen and those modifications
could then be reflected in the budget. The Street Cleaning
Program has been selected for this presentation and the attached
materials were prepared by the Public Works Department. Public
Works is planning other areas for presentation; such as the Parks
Policy. The staff would appreciate comments from the Council
regarding format of the presentation and contents.
Councilman Means stated he is particularly glad the staff
is implementing some of these changes. Members of the Budget Review
and Finance Committee and other Councilmen have had concerns
regarding this year's budget. It is the Council's job to set
policy and provide direction for the City departments and programs.
This will provide the Council more control on how to allocate
money and make cuts. In looking over what has been prepared it
looks like an excellent beginning.
Director of Public Works Hawley reviewed the budget and
objectives prepared by the Street Superintendent on the Street
Cleaning Program.
Councilman Barton stated to make street sweeping more
notifying people in
effective there will have to be some way of
residential areas to move their vehicles.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:55 P.M. AYOR
Bakersfield, Calif.
CITY C~RK and Ex q~ficio Clerk of the Council
of the City of Bak4&sfield, California
ma
Bakersfield,
California,
November 14, 1979
429
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., November 14, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
Present:
Absent:
The City Clerk called the roll
Mayor Hart. Councilmen Barton,
Miller,
None
Minutes of the regular meeting of November 7,
as follows:
Christensen, Means,
Payne, Ratty, Strong
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Marvin Bookout, 230 Inyo Street,
for a
1979 were
submitted a request
rate increase from businesses who have permits to perform
towing services for the Police Department.
Upon a motion by Councilman Miller, request for a rate
increase from businesses who have permits to perform towing ser-
vices for the Police Department, was referred to the Business
Development and Parking Committee for study and recommendation.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Sister M. Placida, Mercy Hospital, dated October 15, 1979, regarding
Charter City Financing, was received and referred to the Budget
Review and Finance Committee.
Councilman Means made a motion that the communication
from Frank J. Remerowski, 1114 Oleander Avenue, dated November 9,
1979, regarding debris that students from Bakersfield High School
drop on lawns, sidewalk and in the gutter along Oleander Avenue
between California Avenue and Blanche Street, be received and
placed on file.
Councilman Ratty
communication from Frank J.
November 9, 1979,
offered a substitute motion that the
Remerowski, 1114 Oleander Avenue, dated
regarding debris that students from Bakersfield
430
Bakersfield, California, November 14, 1979 - Page 2
High School drop on lawns, sidewalk and in the gutter along Oleander
Avenue between California Avenue and Blanche Street, be received
and referred to the Business Development and Parking Committee for
further investigation. This motion was unanimously approved.
Upon a motion by Councilman Payne, communication from
McMahan Furniture Stores, 2626 Ming Avenue, dated November 13,
1979, regarding Planning Commission hearing on the elimination of
parking on Ming Avenue between Hughes Lane and Gosford Road, was
received and ordered placed on file.
Upon a motion by Councilman Means, communication from
Granite Construction Company, dated November 14, 1979, thanking
various City departments for their outstanding cooperation during
the reconstruction of California Avenue, was received and ordered
placed on file.
COUNCIL STATEMENTS
Councilman Barton stated that during a demonstration for
a new vehicle for the handicapped it was brought to his attention
that the City still has four parks that do not have restroom
facilities for the handicapped. Councilman Barton requested that
the staff investigate and report back to the Council regarding
the modification of these park restrooms.
Councilman Payne stated during the past several weeks
he has been conferring with staff regarding the intersection of
Montalvo Drive and Kroll Way and it should be clearly understood
that this intersection still does not meet the warrants to justify
installation of traffic control devices. However, based upon the
changing traffic pattern, City staff's concern for the welfare of
people living in the immediate area around Stockdale School and
people traveling through that intersection, stop signs will be
installed along Montalvo Drive at key locations within the next
week.
Bakersfield,
California,
November 14, 1979 - Page
43.1
3
Councilman Payne suggested that the Council conduct a
Workshop with members of the Planning Commission, staff, developers
and public in order to exchange ideas and work out some of the
continuing controversies between these groups.
Councilman Payne requested that the staff prepare, as
soon as possible, a brief report on the progress that has been made,
when further progress can be expected and a timetable of the
estimated completion date of the Truxtun Avenue extension.
Councilman Payne referred a letter he received from Mrs.
Sandra Bjornson, 4301 Commanche Drive, dated November 8, 1979,
regarding the Olcese Water District Sewage Treatment Plant, to
staff for review and input back to the Council for direction.
Councilman Miller asked where the City stands regarding
the issuance of a Conditional Use Permit to Olcese Water District.
Director of Fire & Development Services Needham stated
this matter has not been before the Board of Zoning Adjustment or
Planning Commission for a Conditional Use Permit, nor has a request
been received.
Councilman Miller warned that the Council not prejudice
their ability to be unbiased regarding any actions that may be
taken as a group prior to Olcese Water District coming to the
Planning Commission and Board of Zoning Adjustment. The Council
will, at one time or another, have to make a decision on this issue.
Mayor Hart requested a progress report on the recon-
struction of California Avenue.
Director of Public Works Hawley stated most o£ the work
was completed this afternoon and traffic should be nearly normal
by tomorrow. Some minor work will continue during the next couple
weeks, but it should not create a major disruption of traffic.
Councilman Miller provided each Councilman with a copy
of an article from Barron's Magazine regarding political happenings
in the nation and locally.
432
Bakersfield, California, November 14, 1979 - Page 4
Councilman Miller stated that sometime in the future he
will present a resolution supporting a State initiative regarding
the elimination of the Inheritance and Gi£t Taxes.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 5-79 regarding Auditorium
Fees, as follows:
This Committee has met with the staff to dis-
cuss proposed changes in certain fees at the
Civic Auditorium. As we are all aware, the
Civic Auditorium was constructed with the
intent of not necessarily being a profit
making operation, but to provide a service to
the community. However, prudent management
dictates that when costs are increasing it
becomes necessary to review fees and charges
to keep up with these costs. The Committee
has reviewed these changes and feels they are
justified and therefore recommends the following
be effective January 1, 1980:
Food and Beverage Catering Fees
(1) The present fee for catering food be in-
creased from the $150 minimum or 6% of gross
whichever is greater to a $200 minimum or 10%
of gross whichever is greater. The present
fee for catering beverages be increased from
the $50 minimum or 15% of gross whichever is
greater to a $100 minimum or 15% of gross
whichever is greater.
The present food and beverage catering fees
were established in 1962 and 1967 respectively.
Since that time, Auditorium operating costs
have increased significantly and the City has
made an investment in new tables which provides
greater flexibility for the caterers. For the
Council's information, a 1978 International
Association of Auditorium Managers' survey of
all member facilities in California (see
attached) indicates our fees are among the
lowest in the State.
We do not feel this increase will have an effect
on the usage of the Auditorium as most of the
conventions and other events have been coming
to Bakersfield for many years.
(2) For events that do not use the kitchen
facilities, but have food brought in, it is
proposed the minimum fee may be waived, but
the City collect the percentage. Presently,
we receive no income from this activity. How-
ever, by imposing this fee in this manner, it
will provide the Auditorium management with
more flexibility, as an example to meet the
increasing number of requests for receptions
associated with events at the Auditorium.
Bakersfield,
California, November 14, 1979 - Page 5
433
Ticket Seller Services
Increase the hourly rate from $4.50 per hour
to $5.50 to recover all salary and related
costs. This is necessary due to recent salary
adjustments.
Parking Fees
Increase the event parking lot rental fee from
$50 to $100. If the lot is not rented, the
City collects $.50 per car and may receive up
to $250 per event if the lot is full. Due to
the reasonableness of the present flat rate
amount, many events are availing themselves of
this as a inducement to increase ticket sales,
thus resulting in reduced City income. This
increase will help to offset this revenue loss.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 5-79 regarding Auditorium Fees,
was accepted; and recommendations as outlined in the report, were
approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.32.200 (e) of the
Municipal Code relative to the use
of Auditorium Kitchen Facilities.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5.32.200 (e)
of the Municipal Code relative to the use of Auditorium Kitchen
Facilities.
Adoption of Resolution No. 85-79 of
the Council of the City of Bakers-
field amending Resolution No. 37-77
respecting Commercial Rental Rates
for the Civic Auditorium.
Upon a motion by Councilman Christensen, Resolution No.
85-79 of the Council of the City of Bakersfield amending Resolution
No. 37-77 respecting Commercial Rental Rates for the Civic
Auditorium, was adopted by the following roll call vote:
Ayes
Noes
Councilmen Barton, Christensen, Means, Payne, Strong
Councilman Miller
Absent: None
Abstaining: Councilman Ratty
434
Bakersfield, California, November 14, 1979 - Page 6
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 14-79 regarding Temporary
Salaries through January l, 1980, as follows:
During the 1979-80 budget session the City
Council requested the staff to apply for CETA
Manpower Funds where possible rather than
requesting additional employees.
At that time we anticipated that it would take
approximately three months to make application
and have the CETA employees working for the
City. With this thought in mind, the Public
Works, Police and Fire Departments were faced
with a nine month cut in temporary salaries.
Due to circumstances beyond our control, the
City was not able to finalize our application
with CETA by September l, 1979 and we have now
established a new date, January l, 1980, for
entering into this program.
In the meantime these departments are in need
of funds for temporary salaries for the months
of October, November and December, 1979. These
requests are as follows
Police Department
Auditorium-Recreation
Public Works
$ 6,575
$ 6,240
$72,000
The Governemental Efficiency and Personnel
Committee has reviewed the attached requests
from the Chief of Police, Public Works Director
and Auditorium-Recreation Manager and recom-
mend Council approval to transfer $84,815 from
the Council Contingency Fund to these three
departments' temporary salary accounts.
Upon a motion by Councilman Strong, Governmental
Efficiency and Personnel Committee Report No. 14-79 regarding
Temporary Salaries through January l, 1980, was accepted; and
Budget Transfer from the Council Contingency Fund to the Police,
Auditorium-Recreation and Public Works Departments' Temporary
Salary Accounts, in the amount of $84,815, was approved. Council-
man Miller voted in the negative on this motion.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 10-79 regarding Parking Lot
on 18th Street between "H" and "Eye" Streets, as follows:
The matter of the parking lot on the north side
of 18th Street between "H" and "Eye" Streets
was discussed with the Council on July 25, 1979,
at which time this Committee recommended and the
Council authorized the Redevelopment Agency to
435
Bakersfield,
California,
November 14, 1979 - Page 7
consider the parking lot on 18th Street for
acquisition by the Agency.
The Agency since that time has received an
appraisal, and is waiting for the City Council
to give further direction.
On November 8, 1979, this Committee met to
discuss further necessary efforts to be taken
by the City to provide sufficient public parking
in the downtown area.
Therefore, it is recommended by this Committee
that the City Council authorize the Agency to
proceed with negotiations for acquisition of
subject property, and that the eminent domain
process for condemnation of the property be
pursued only if all other negotiating processes
to purchase the property fails.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 10-79 regarding Parking Lot on
18th Street between "H" and "Eye" Streets, was accepted; and the
Redevelopment Agency was authorized to proceed with negotiations
for the acquisition of property located on 18th Street between "H"
and "Eye" Streets, and eminent domain process for condemnation of
the property is to be pursued only if all other negotiating
processes to purchase the property fail.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 11-79 regarding Ordinance
Re Drinking of Alcoholic Beverages on Public Streets, as follows:
On October 31, 1979, the Council referred the
matter of a New Series Ordinance entitled,
"An Ordinance of the Council of the City of
Bakersfield adding Chapter 10.70 to the Muni-
cipal Code prohibiting Drinking of Alcoholic
Beverages on the streets in Bakersfield," to
this Committee for study and recommendation.
This Committee discussed this referral on
November 8, 1979.
It is the recommendation of this Committee
that the ordinance be adopted by the City
Council.
Councilman Barton made a motion that Business Development
and Parking Committee Report No. 11-79 regarding Ordinance Re
Drinking of Alcoholic Beverages on Public Streets, be accepted.
436
Bakersfield, California, November 14, 1979 - Page 8
Police Chief Price, in response to questions by Council-
man Means, stated under this ordinance people cannot be arrested
for drinking in their front yards. The ordinance only pertains to
streets, sidewalks and alleys. The Police Department of the City
of Fresno indicated that their ordinance has worked with a fair
amount of success for specific instances. It will be used for
purposes, such as, the problem on Chester Avenue or situations
where block parties are being held in residential areas and
drinking spills onto City streets and sidewalks. It will be used
to handle situations where people gather for the specific purpose
of drinking on sidewalks and streets. The City of Fresno's Police
Department has not received any complaints from the citiznes
regarding enforcement of their ordinance.
Councilman Means, speaking in opposition to the ordinance,
stated that it seems absurd that a law will be passed theaffects
the entire City when the problem is on Chester Avenue in the
downtown area. It is recognized that there is a drinking problem
on Chester Avenue and he is willing to do whatever necessary to
take care of it as long as it does not affect the people in his
ward who may be standing on their sidewalks, which they consider
their property, and breaking the law. This is setting a bad
precedent, it can be absurd and a waste of time and money. If
there is a drinking problem downtown it should be considered along
with other problems that the Police Department would like to see
solutions to and acted upon by the Council. The Council should
consider other areas rather than this one specific area. Council-
man Means stated he would rather see the Police Department doing
something about enforcing laws on beatings, shootings and robberies
rather than writing new laws that will be very difficult to enforce
except in one specific area.
Councilman Christensen question the staff about littering
as it pertains to the ordinance, originator of ordinances and the
intent of Councilman Payne's motion of October 31, 1979, regarding
Bakersfield, California, November 14, 1979 - Page 9
referral of the ordinance to the Business Development and Parking
Committee for study and recommendation back to the Council, as soon
as possible, after receiving comments from the Chief of Police and
information from the City of Fresno.
Councilman Barton explained the process the Business
Development and Parking Committee £ollowed in bringing this report
back to the Council.
City Attorney Hoagland explained how ordinances are
originated and presented to the Council.
Councilman Christensen stated he would like to see the
lid put on this drinking problem, however, he felt the ordinance
is very unjust unless it is enforced throughout the City. He
stated he is thoroughly convinced that since the City of Bakers-
field is number one in the State, population wise, for crime,
Policemen need to devote more time to burglaries, robberies, thefts,
rapes, etc., than passing a specific law for one little area. If
it was passed and enforced for the whole City he would buy it lock,
stock and barrel.
Police Chief Price addressed the Council concerning the
ordinance.
After a very lengthy discussion, Councilman Ratty made a
motion to call for the question. This motion was unanimously
approved.
Councilman Barton's motion that Business Development and
Parking Committee Report No. 11-79 regarding Ordinance Re Drinking
of Alcoholic Beverages on Public Streets be accepted, was approved.
Councilman Means voted in the negative on this motion.
Adoption of Ordinance No. 2532 New
Series of the Council of the City of
Bakersfield adding Chapter 10.70 to
the Municipal Code prohibiting
drinking of Alcoholic Beverages on
the streets in Bakersfield.
Upon a motion by Councilman Barton, Ordinance No. 2532
New Series of the Council of the City of Bakersfield adding Chapter
Bakersfield, California, November 14, 1979 - Page 10
10-70 to the Municipal Code prohibiting drinking of Alcoholic
Beverages on the streets in Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Miller, Payne, Ratty
Noes: Councilmen Means, Strong
Absent: Councilman Christensen
City Attorney Moagland reported on the Bakersfield
Cable TV Merger, as follows:
About a month ago the City was informed of the
merger of Cox Broadcasting with General
Electric. At that time the Council directed
the staff to contact Bakersfield Cable TV
(Cox Broadcasting is the parent company)
relative to certain conditions the City might
want to impose in order to consent to that
merger. A letter was directed to Mr. Howard
Charmell, General Manager, dated October 18,
1979, stating that the City would like him to
respond relative to the consent and upon what
conditions that might be granted. After not
hearing from him I called and learned he had
forwarded the letter to their Attorneys located
in Washington, D.C. The merger will not take
place until sometime after the first of the
year. They will contact the City sometime
before that relative to the consent.
Director of Public Works Hawley reported on the status
of the Facilities for the Chamber of Commerce, as follows:
The Chamber of Commerce requested, by letter
on August 21, 1979, that the City assist them
in finding a site for a new Chamber facility.
The staff has met with the Chamber and they
have expressed interest in being located at
Beach Park. Three possible sites have been
looked at near the existing Board of Trade
Building. Presently the Chamber has an Archi-
tect reviewing the alternate sites and after
they receive his comments they will make a
specific proposal to the City.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 15-79 regarding Reclassi-
fication of Water Department Position, as follows:
The Governmental Efficiency and Personnel
Committee recently met with staff regarding
the reclassification of a Agricultural Water
Department position. The position in question
is that of a Utility Worker which has not been
filled since the City took over the Water
Department from Tenneco.
Bakersfield, California, November 14, 1979 - Page
439
At this particular time both the Domestic
Water and Agricultural Water Departments are
in need of an Equipment Operator III. It is
the feelings of the staff that both departments
could make use of this classification, there-
fore we are recommending that one unfilled
Utility Worker classification in the Agricul-
tural Water Department be upgraded to Equipment
Operator III. This will amount to approximately
$3,600 more per year, however, since the
position has not been filled, monies are avail-
able in the Water Department budget.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 15-79 regarding Reclassification
of Water Department Position, was accepted; and one unfilled
Utility Worker classification in the Agricultural Water Department
was upgraded to Equipment Operator III.
CONSENT CALENDAR
The
(a)
(b)
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 2361 to 2560,
inclusive, in the amount of $302,246.58.
Quitclaim Deed to West Land Properties
and Street Right-of-Way Deed from Mosesian
Mortgage Company, Inc., providing for an
exchange of property to correct alignment
of Bernard Street east of Oswell Street.
(c)
Street Right-of-Way Deed from Bakersfield
Country Club Development, Ltd., providing
for dedication of Fairfax Road south of
Freeway 178 as required for Parcel Map No.
5663.
(d) Notices of Completion and Acceptance of
Work for:
Tract No. 4029, Contract No. 79-13 with
Tenneco Realty Development Corporation,
located at E1 Portal Drive and Gosford
Road.
Tract No. 4031, Contract No. 79-11 with
Tenneco Realty Development Corporation,
located at E1 Portal Drive and Laurelglen
Boulevard.
Tract No. 4069, Contract No. 79-20 with
Challenge Builders, located at Anita Lane
and Ming Avenue.
Tract No. 4150, Contract No. 79-110 with
Kern County Development, Inc., located at
Pacheco Road and Stancliff Court.
44O
Bakersfield, California, November 14, 1979 - Page 12
(e)
Plans and Specifications for resurfacing
portions of Valhalla Drive and Columbus
Street.
(f)
Plans and Specifications for construction
of 21" Sewer in District Boulevard east
of Ashe Road.
(g)
Request from Farm Financial, Inc., for
annexation of property generally located
north of Panama Lane, west of Stine Road
and south of the McKittrick Branch of the
Southern Pacific Railroad and containing
approximately 400 acres of land. (Refer
to Planning Commission for study and
recommendation)
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong
Noes: None
Absent: Councilman Christensen
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of Huntmix,
Inc., for Annual Contract for Asphalt Concrete, was accepted, the
other bid rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Barton, all bids for 5,000
GVW Pickup Truck were rejected and the Finance Operations Manager
was authorized to readvertise for bids.
NEW BUSINESS
Adoption of motion that a Joint Public
Hearing be held on Wednesday, December
5, 1979, at 4:00 P.M., with the
Redevelopment Agency regarding the
proposed sale of real property under
the Joint Development Agreement in
the Downtown Bakersfield Redevelop-
ment Project Area to Bakersfield
Associates, and the City Clerk was
authorized to cooperate with the
Agency's Executive Director to publish
Notice in the manner required by law.
This basically authorizes the public hearing on the pro-
posed sale of the retail parcel to Bakersfield Associates as required
under the Joint Development Agreement.
441
Bakersfield, California, November 14, 1979 - Page 13
Upon a motion by Councilman Barton, motion that a Joint
Public Hearing be held on Wednesday, December 5, 1979, at 4:00
with the Redevelopment Agency regarding the proposed sale of real
property under the Joint Development Agreement in the Downtown
Bakersfield Redevelopment Project Area to Bakersfield Associates,
and the City Clerk be authorized to cooperate with the Agency's
Executive Director to publish Notice in the manner required by law,
was adopted by the following roll call vote:
Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong
Noes: None
Absent: Councilman Christensen
Councilman Strong indicated that he wanted the record to
show that he was voting only to set a date for a public hearing.
Adoption of Emergency Ordinance No.
2533 New Series amending Title 16
of the Municipal Code by providing
for a Public Hearing before Planning
Commission approval of Tentative
Maps and by providing for the
charging of Fees connected with the
processing of Tentative Maps.
In July, 1979, the California Supreme Court determined
that there must be a noticed public hearing before approval of a
Tentative Sudivision Map that has a substantial or significant
effect on the property rights of adjacent property owners. This
Emergency Ordinance brings the Municipal Code into compliance with
the Supreme Court's decision.
After discussion, upon a motion by Councilman Means,
Emergency Ordinance No. 2533 New Series amending Title 16 of the
Municipal Code by providing for a Public Hearing before Planning
Commission approval of Tentative Maps and by providing for the
charging of Fees connected with the processing o£ Tentative Maps,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Barton, Means,
None
Councilman Christensen
Councilman Miller
Payne, Ratty, Strong
442
Bakersfield, California, November 14, 1979 - Page 14
Adoption of Resolution No. 86-79 of
the Council of the City of Bakers-
field accepting Grant offer of U.S.A.
through FAA, in maximum amount of
$29,012 to be used under Project
79-1-A-06-0323-02 for Airport Master
Planning for Bakersfield Airpark.
In March, 1979, the City submitted a grant application
for the second phase of the Master Planning Study for the Bakers-
field Airpark. The purpose of which is to develop a detailed set
of airport plans which illustrate proposed improvements, perform
a comprehensive financial evaluation for achieving airport self-
sufficiency and conduct an overview environmental analysis. Due
to a lack of available funding, the FAA indicated we would have to
wait until the fiscal year beginning October 1 for consideration.
The FAA has now given its approval and requests acceptance by
November 20, 1979. A request has been submitted to the County of
Kern for 50% participation of the local share.
Upon a motion by Councilman Ratty, Resolution No. 86-79
of the Council of the City of Bakersfield accepting Grant offer of
U.S.A. through FAA, in maximum amount of $29,012 to be used under
Project 79-1-A-06-0323-02 for Airport Master Planning for Bakers-
field Airpark, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong
Noes: None
Absent: Councilman Christensen
Adoption of Resolution No. 87-79 of
the City Council adopting Interim
Wastewater Treatment Policies for
the City of Bakersfield.
The Planning Commission considered and recommended
approval by the City Council Resolution No. 66-79 covering policies
for Interim Wastewater Treatment for the City of Bakersfield.
Upon a motion by Councilman Payne, Resolution No. 87-79
of the City Council of the City of Bakersfield adopting Interim
443
Bakersfie/d, California, November 14, 1979 - Page 15
Wastewater Treatment Policies for the City of Bakersfield, was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong
Noes: None
Absent: Councilman Christensen
HEARINGS
This is the time set for continued public hearing before
the Council to consider the adoption of an Ordinance of the Council
of the City of Bakersfield amending portions of Title 13 including
Chapters 13.01 and 13.56 adopting by reference the Uniform Electrical
Code, and the National Electrical Code, 1978 Edition.
This hearing was continued at the Council Meeting of
October 31, 1979.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 9-79 regarding Adoption of
the Electrical Codes, as follows:
The Business Development & Parking Committee
recently conducted a public meeting to discuss
specific proposed amendments to the National
Electrical Code. A good representation of
various groups from the construction industry
were in attendance and there was a meaningful
exchange of comments concerning the specific
amendments being considered.
After careful consideration of these comments
and staff input, the Committee recommends
adoption of the proposal to amend Article 336-3
of the National Electrical Code. It was our
decision that this proposal will provide an
installation of improved quality and safety
that justifies the additional cost.
The second item of concern (Ground Fault Circuit
Protection), Article 210-8(a)1, was discussed
and all in attendance (including staff), agreed
to substitute the State of California code
amendment for the exception proposed. This
Committee so recommends.
Since there were no other comments or objections
to the other proposed amendments, this Committee
recommends adoption of the Uniform Electrical
Code, 1979 Edition, and the National Electrical
Code, 1978 Edition, with amendments as submitted.
444
Bakersfield, California, November 14, 1979 - Page 16
Upon a motion by Councilman Ratty, Ordinance No. 2534
New Series of the Council of the City of Bakersfield amending
portions of Title 13 including Chapters 13.01 and 13.56 adopting
by reference the Uniform Electrical Code, and the National Electrical
Code, 1978 Edition, was adopted by the following roll call vote:
Ayes Councilmen Barton, Means, Miller, Payne, Ratty, Strong
Noes None
Absent: Councilman Christensen
This is the time set for continued public hearing before
the Council on Resolution of Intention No. 944 of the Council of
the City of Bakersfield, declaring its intention to order the
vacation of a portion of 40th Street between Chester Avenue and
Jewett Avenue, in the City of Bakersfield.
This hearing was duly posted.
This hearing was continued from the Council Meeting of
October 31, 1979, to allow Mr. Tom Morris, Bernard & Sons Meat
Company, 4011Jewett Avenue, time to meet with the Director of
Public Works for discussion and clarification of the abandonment
of 11.25 feet of property located in front of his property.
Director of Public Works Hawley stated after meeting
with Mr. Morris, at his property and answering questions, he
indicated he no longer opposed the City proceeding with the
abandonment of the 11.25 foot strip of land.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon
of the Council
a motion by Councilman Ratty, Resolution No. 88-79
of the City of Bakersfield ordering the vacation of
a portion of 40th Street between Chester Avenue and Jewett Avenue,
in the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Means, Miller, Payne,
None
Councilman Christensen
Ratty, Strong
445
Bakersfield, Californ±a, November 14, 1979 - Page 17
This is the time set for public hearing before the
Council on an Appeal by Robert J. Matsumoto to the decision of
the Planning Commission denying his application to change the
zoning boundaries from an R-1-HOSP. (One Family Dwelling - Hospital)
Zone to a P.U.D. (Planned Unit Devleopment) Zone, affecting those
certain properties in the City of Bakersfield commonly known as
5400 and 5600 Lennox Avenue.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Letters have been received from Panama Union School
District and Mr. & Mrs. A1 Grimes expressing opposition to the
P.U.D. zoning.
The Planning Commission denied the request for a P.U.D.
zone at their meeting of October l?, 1979.
Mayor Hart declared the hearing open for public partici-
pation.
Mrs. Joyce Davis, resident of Park Stockdale, submitted
a petition containing 228 signatures of residents of the area
opposing the request for P.U.D. zoning. Mrs. Davis stated she is
concerned that this type of zoning would magnify problems with
traffic congestion, people living on Hewlett Street will lose
their privacy & property value and overcrowd Van Horn School. If
this zone change is not denied it is requested that action be
postponed until a new E.I.R. is completed taking into consideration
the school district and letter from Panama Union School District.
Mr. Mack Ryan, resident of Park Stockdale, spoke in
opposition to the P.U.D. zoning because he felt it would add to
the existing traffic problems.
Mr. Alfred Grimes, 709 Hewlett Street, spoke in opposition
to the P.U.D. zoning.
Mr. Paul Battistoni, resident of Park Stockdale, spoke
in opposition to the P.U.D. zoning because it would add to the
traffic problems and overcrowded schools.
446
Bakersfield, California, November 14, 1979 - Page 18
Mr. Bob Bellmer, resident of Park Stockdale, spoke in
opposition to the P.U.D. zoning because it would add to the traffic
problems and overcrowded schools.
Mr. Robert Matsumoto, applicant for the zone change,
reviewed his application for the P.U.D. zoning and requested that
the Council base their decision on the merits of the project and
not on an attempt to lure Park Stockdale into the City.
Mr. Nick Damigo, Apartment Manager for Mr. Matsumoto,
spoke in favor of the P.U.D. zoning.
No further 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.
During discussion Councilman Payne suggested that this
matter be postponed until the Council receives answers to the
following questions:
1. How many more of these projects are being
contemplated in this area?
2. Are there more streets planned?
3. Does the Traffic Engineer have alternate
solutions to the traffic problems in that
area?
4. Are more schools being proposed by Tenneco?
Councilman Payne also suggested that both groups get
together with the Council to develop alternatives.
Councilman Means made a motion to adopt Zoning Resolution
denying application of Robert J. Matsumoto to amend Title Seventeert
of the Bakersfield Municipal Code by changing the Land Use Zoning
of that certain property in the City of Bakersfield commonly known
as 5400 and 5600 Lennox Avenue.
Councilman Strong requested that Councilman Means amend
his motion to continue this hearing for two weeks until the Council
can find out from the Planning Commission if there are other
projects being planned for this general area. If so, who is
sponsoring them and what kind of projects are contemplated?
447
Bakersfield, California, November 14, 1979 - Page 19
Councilman Means' amended motion that the Appeal by
Robert J. Matsumoto to the decision of the Planning Commission
denying his application to change the zoning boundaries from an
R-1-HOSP. (One Family Dwelling - Hospital) Zone to a P.U.D. (Planned
Unit Development) Zone, affecting those certain properties in the
City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue,
be continued until the Council Meeting of November 28, 1979, in
order to allow the Council time to find out from the Planning
Commission if there are other projects being planned for this
general
Ayes:
Noes:
Absent:
area, was approved by the following roll call vote:
Councilmen Barton, Means, Miller, Payne, Ratty, Strong
None
Councilman Christensen
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at ll:15 P.M.
Calif.
ATTEST:
of the City of ~akersfield, California
ma
448
Bakersfield, California, November 28, 1979
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., November 28, 1979.
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, Payne,,
Ratty, Barton
Absent: Councilman Strong
Minutes of the regular meeting of November 14, 1979 were
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication to
Councilman Miller from R. J. McKnight, 2608 Floral Drive, dated
November 14, 1979, regarding intersection of Fairfax Road and
State Route 178, was received and ordered placed on file.
Upon a motion by Councilman Miller, communication from
the State Department of Transportation, dated November 20, 1979,
regarding Notice of Relinquishment of Brudnage Lane between Oak
Street and "P" Street, was received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
David W. Thomley Corporation, Investment Properties, dated
November 20, 1979, urging support of the Downtown Shopping
Center, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Robert J. Matsumoto, President of Great Western Builders,
Inc., dated November 21, 1979, regarding his appeal to the
decision of the Planning Commission denying his application for
a zone change for those certain properties commonly known as
5400 and 5600 Lennox Avenue, was received, ordered placed on
file and will be considered during the hearing scheduled later
in the agenda.
449
Bakersfield,
California,
November 28,
1979 - Page 2
Upon a motion by Councilman Payne, communication from
Wagy, Bunker, Hislop & Lewis, Attorneys-at-Law, dated November
26, 1979, regarding American Express Company's acquiring a portion
of the stock of Warner Cable Corporation, was received and referred
to the Business Development and Parking Committee.
Upon a motion by Councilman Payne, communication from
Mr. & Mrs. A1 Grimes, 709 Hewlett Street, dated November 27, 1979,
expressing opposition to request of Robert J. Matsumoto to change
the zoning of that certain property commonly known as 5400 and
5600 Lennox Avenue, was received, ordered placed on file and
will be considered during the hearing scheduled later in the agenda.
Upon a motion by Councilman Miller, communication from
Ann Brown (Mrs. Morton E. Brown), dated November 20, ~979,
encouraging approval of a Triangular Glass Building proposed for
the corner of California Avenue and Lennox Avenue, was received
and will be considered during public hearing on this matter
scheduled for December 12, 1979.
COUNCrL STATEMENTS
Councilman Christensen thanked the staff for obtaining
transcripts of portions of the Council Meetings of October 31, 1979
and November 14, 1979, regarding the ordinance prohibiting drinking
Alcoholic Beverages on streets in the City of Bakersfield.
Councilman Christensen requested City Manager Bergen,
as Executive Director of the Redevelopment Agency, to furnish
the Council, by December 3, 1979, a list of all current property
owners within the area known as the Regional Shopping Center,
16.7 blocks, and set forth the following:
1. The date of purchase of each parcel of land.
2. If the property is owned by a corporation,
please include the President, Vice-President,
Secretary and Treasurer.
Councilman Christensen stated he conducted a survey of
businessmen and residents in his Ward regarding the Downtown
Regional Shopping Center and because of this evidence of public
450
Bakersfield, California, November 28, 1979 - Page 3
opposition and reservation, he would like to be fully informed as
to how and what means this entire issue can be submitted to a vote
of the people.
Councilman Christensen made a motion that the City
Attorney be directed to provide the Council, by December 3, 1979,
with a memorandum as to the procedures by which this issue of
going ahead with the proposed contract can be submitted to a binding
or even a non-binding vote of all of the citizens of the City.
Councilman Ratty, speaking in opposition to the motion,
stated he would take exception to that right now, because this is
tantamount to the fact it would kill the whole downtown center
and whole operation as it is presently set-up. He also stated he
has no problem with people taking a vote, but the timing of the
situation and bringing this to a conclusion bears on the fact that
a certain time frame has to be met. All the commitments of the
law are being met with hearings, etc., and he felt it should go
ahead as it is now.
City Attorney Hoagland stated there is no problem
providing the procedures for an advisory election. However,
the Council should be informed that if they enter into any
binding contract prior to the time a vote can be obtained, and
if the Council were to follow an adverse vote (no development),
the City would be in a breach of contract situation, perhaps
involving huge sums of money.
Councilman Payne stated he would support Councilman
Christensen's motion simply because he should receive the infor-
mation he wants, but will not support any motion that is going
to delay the Council in making a decision on whether to proceed
with the project.
After discussion, Councilman Christensen made a motion
to call for the question. This motion was approved with Councilman
Ratty voting in the negative.
Councilman Christensen's motion that the City Attorney
Bakersfield, California, November 28, 1979 - Page 4
451
be directed to provide the Council, by December 3, 1979, with a
memorandum as to the procedures by which this issue of going ahead
with the proposed contract can be submitted to a binding or even
a non-binding vote of all the citizens of the City, carried by
the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Barton
Noes: Councilman Ratty
Absent: Councilman Strong
Councilman Miller asked if the Council could be furnished
a copy of the Joint Development Agreement regarding the Downtown
Shopping Center.
Director of Fire & Development Services Needham stated
a copy would be supplied tomorrow.
Councilman Means stated he has some concerns regarding
the ordinance prohibiting drinking of Alcoholic Beverages on City
streets that was passed at the last Council Meeting and plans to
bring this matter up at the meeting of December 12, 1979.
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 6-79 regarding: I. Chester
Avenue Undercrossing; II. NaTional League of Cities Membership;
and III. Annual Budget Process, as follows:
The Committee has met to discuss a number of
items which have been referred by the City
Council and the following are our responses
to these items:
I. Chester Avenue Undercrossing
There has been some concern expressed by Council
members as to the source of the City's share of
"up-front" funding necessary for the Chester
Avenue Undercrossing project. It is currently
estimated at $500,000 for the 1979-80 fiscal year.
This "up-front" money will be utilized to acquire
right-of-way and for construction costs. Upon
completion and acceptance of the project, these
monies will be reimbursed by the State.
As a result of changes in interpretation of
SB 154 by the State Controller's office and
certain legislation enacted in AB 8, the City
452
Bakersfield, California, November 28, 1979 - Page 5
was recently audited by the State in connection
with State Bailout funding applicable to the
1978-80 fiscal year. If was indicated by the
auditor the City should be receiving additional
State Bailout of approximately $950,000. This
Committee therefore would recommend that $500,000
of these funds be placed in a trust account to
be utilized as the City's "up-front" funding for
this project.
II. National League of Cities Membership
During the June budget hearings, this Committee
recommended the City discontinue its membership
in the National League of Cities. The Council,
however, desired to obtain more information
regarding the National League and benefits
derived from membership. Attached is the reply
to the City's inquiry. The letter notes that
800 cities are direct members, however, over
15,000 are represented through various state
leagues. It has been determined the League of
California Cities is a member of the National
League, therefore the City of Bakersfield is
represented through the League of California
Cities. By being a direct member City, we
would be paying twice for representation. In
addition, our annual dues to the National League
would be approximately $2,500 including the
building assessment. This Committee, therefore,
questions the need and cost-benefit of being
a direct member and again recommends the City
discontinue its direct membership.
III. Annual Budget Process
In order to assist the Council in making
decisions regarding City programs during the
annual budget hearings, it is important the
most up-to-date financial information regarding
resources be available. Under the present
system, budget summaries and other revenue
information included in the preliminary budget
document are actually determined the latter
part of April, almost two months before the
budget hearings. In addition, final expen-
ditures relating to a fiscal year are not
actually known until the end of July, when
all bills are finally received and processed
and a number of revenues relating to a fiscal
year are received or not determined until a
month or even two after the end of the fiscal
year. In light of this and considering the
magnitude of dollars involved, it becomes
evident variations may occur between pre-
liminary budget estimates and final amounts.
In an effort to eliminate this problem, the
Committee therefore recommends that pre-
liminary budget summaries and other revenue
information be distributed along with the
preliminary budget document, but not be made
a part of the document itself and prior to
the commencement of budget hearings, the
453
Bakersfield,
California,
November 28,
1979 - Page 6
staff submit to the City Council up-dated
summaries and projections to use during the
budget hearings. Revenue information will be
provided on a monthly basis for the fourth
quarter. By allowing an additional four to
six weeks, the Committee and staff feel the
Council will have better information to base
decisions on.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 6-79 regarding Chester Avenue Under-
crossing, National League of Cities Membership and Annual Budget
Process, was accepted; and recommendations as outlined in the
report, were approved.
Councilman Means, Chairman of the Energy Committee,
read Report No. 1-79 regarding Review and Recommendations Concerning
Proposed Joint Powers Authority to Study the Feasibility of a
Solar Utility, as follows:
On November 20, 1979, the Energy Committee had
its initial meeting during which the proposed
Joint Powers Agreement between the Cities of
Bakersfield, Santa Monica, Ukiah, San Dimas,
Palo Alto, and Oceanside was discussed in
considerable detail. For reaons of orienta-
tion, the staff presented its first status
report on the progress of the participating
cities in defining the objectives of the pro-
posed Joint Powers Authority, and in identi-
fying problems associated with the overall
effort.
Among the issues discussed were:
DEFINITION OF A SOLAR UTILITY: The members
of the committee were concerned with the
implication of the word "utility" in the
context of what our efforts involved. It
was pointed out that the various staffs of
the participating cities had indicated a
similar concern and had resolved the issue
in the following way: First, the term
utility was meant to imply the delivery of
some type of service to each community;
Second, this service was not defined in
any specific manner thus no restrictions,
nor perceived standards were placed upon
the activities of any participating city
by the language of the contract; Third,
the staffs of the cities did not feel the
simple use of the term utility (in the
absence of any descriptive criteria)
would offend or endanger the viability of
an existing utility; Fourth, the staff
members felt each city should be free to
define its own form of service to its
citizens.
454
Bakersfield, California, November 28, 1979 - Page 7
WHAT WILL BE THE COST TO THE CITY FOR THIS
STUDY: No funds will be expended from the
City's General Fund for activities not paid
for by the grant monies dispersed by the
State Energy Commission. Staff costs will be
paid for by the Community Development Division
through its Block Grant.
COMPREHENSIVE PLANNING EFFORT NEEDED: Staff
made a brief presentation on the state-of-the-
art as it relates to Energy Conservation and
Emergy Planning. It was pointed out that many
cities were assuming some responsibility for
the conservation of energy, and in so doing,
were creating General Plan Elements and
ordinances to address these issues.
SCHEDULE OF EVENTS: If the City of Bakersfield
approves this agreement on November 28, 1979,
it will be the £ina~ city of the six to do so.
A meeting is scheduled for the 4th of December
in the City of Santa Monica to discuss the
work programs of the various cities.
RECOMMENDATION FOR APPROVAL: The committee
has recommended approval of all Staff Recom-
mendations. These recommendations are
contained within the report to Energy Committee
on the Joint Powers Agreement dated November
l, 1979. The committee feels these recommenda-
tions are the important first step in imple-
menting a program of energy conservation and
development.
Upon a motion by Councilman Means, Energy Committee
Report No. 1-79 regarding Review and Recommendations Concerning
Proposed Joint Powers Authority to Study the Feasibility of a
Solar Utility, was accepted; and recommendations as outlined
in the report, were approved.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 7-79 regarding California
Housing Finance Agency (CHFA) Loan Program, as follows:
The Budget Review and Finance Committee at
its November 20 meeting received a staff
report regarding progress of the California
Housing Finance Agency (CHFA) loan program
in Bakersfield. Following is a summary of
that information.
In April, 1979, the City applied for par-
ticipation in the CIrFA Home Ownership/Home
Improvement (HOHI) loan program. That
application was approved in October with
$4,000,000 allocated to the area. Of this
amount, CHFA divided $2,300,000 in loan
authority among five lenders, with the
remaining $1,700,000 set aside for the City
to direct towards high priority loans. To
Bakersfield, California, November 28, 1979 - Page 8
date, the lenders have committed $900,000 of
their total authorization.
Basically, the HOHI program provides loan funds
at 8½% interest in four major categories. They
are new construction (1-4 units), home mortgages,
rehabilitation with refinancing, and straight
rehab loans. On November 21, 1979, staff held
a meeting of local contractors and realtors to
explain the program and introduce participating
lenders.
With regard to the City's set-aside funds, as
stated earlier, they can be divided among any
or all of the loan categories. These loans
would be handled by participating lenders, or
coupled with the City's existing loan program
as directed by the City. Staff is now preparing
a set of recommendations for the use of these
set-aside funds which will be submitted to City
Council for action within the next two weeks.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 7-79 regarding California Housing
Finance Agency (CHFA) Loan Program, was accepted; and recommenda-
tions as outlined in the report, were approved.
Director of Fire & Development Services Needham recom-
mended that the Council adopt a resolution applying for a grant
from the Economic Development Administration to construct a water
delivery and fire protection system on certain industrial properties
in the northwest area of Bakersfield, near Freeway 99 and Rosedale
Highway. E.D.A. has the funds available and has requested that
the Council adopt this resolution.
Upon a motion by Councilman Barton, report from Director
of Fire & Development Services Needham regarding Economic Develop-
ment Administration Fund Application for a Water System for the
Northwest Area of Bakersfield, was accepted.
Adoption of Resolution No. 89-79 of
the Council of the City of Bakers-
field authorizing the Application
£or financial assistance from the
Economic Development Administration
to construct a Water Delivery and
Fire Protection System on certain
industrial properties in the north-
west area of Bakersfield.
Bakersfield, California, November 28, 1979 - Page 9
Upon a motion by Councilman Barton, Resolution No. 89-79
of the Council of the City of Bakersfield authorizing the Appli-
cation for financial assistance from the Economic Development
Administration to construct a Water Delivery and Fire Protection
System on certain industrial properties in the northwest area of
Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, ~iller, Payne, Ratty,
Barton
Noes: None
Absent: Councilman Strong
Director of Fire & Development Services Needham reportedl
on the Rio Bravo Interim Sewer Facility, as follows:
The Olcese Water District is planning to build
an Interim Sewer Facility for the development
of the Rio Bravo Area. It was originally
placed in Section 9 of the Rio Bravo Area and
there was a lot of dissention. The matter has
been discussed with the Olcese Water District
staff and they have made several changes.
The last change was to relocate the total site
for the spreading area and sewer facility to
Section 14. That is just a little more than
one mile from the County subdivision where the
people were concerned about the facility. At
this point in time this is their plan. They
have looked at all alternatives in relation
to a sewer being serviced in that area. The
Olcese Board feels this Interim Sewer Facility
is the best alternative, financially and
operationally, that they can come up with.
They have not submitted a report to the City,~
per se, but several meetings have been held
regarding this.
They will be required to request the Planning
Commission to find that this is~or is not
consistent with the General Plan for the area.
They will also be required to have a hearing
before the Board of Zoning Adjustment to
obtain a Conditional Use Permit for the facility
in that area. It is not required to be brought
before the Council, unless you want to hear it.
The staff feels, at this time, the Olcese Board
is taking the proper steps. They will be
holding an advertised hearing on the changes
made to this facility on December 3, 1979.
Director of Fire & Development Services Needham reported
on OSHA Requirements for the Fire Department, as follows:
457
Bakersfie/d, California, November 28, 1979 - Page 10
OSHA issued a citation to the City Fire Depart-
ment on June 21, 1979, regarding a hearing on
Fire Pumper Operators and whether or not they
are sustaining hearing damages from operating
the fire pumpers. The Fire Department has a
total of 50 people operating this apparatus
and they are saying the City must have audio
testing for hearing problems twice a year until
such time as a determination can be made that
there is or is not damage to the Pumper Operators.
The operators are wearing earplugs, but they
are not tested out and certified for safety,
as far as hearing goes. The step has been
taken to require Fire Pumper Operators to wear
earplugs designed so they can hear the radio,
but reduce the damages. OSHA is requiring
that they have audiometric tests every six
months for 50 people at an annual cost of
$3,328.00 and the City Manager is being
requested to authorize a transfer of funds.
It was felt is was important to inform the
Council that an outside regulatory agency is
requiring this of the City.
Director of Public Works Hawley reported on the status
of Truxtun Avenue, as follows:
As you may recall the Truxtun Avenue Project
will be partially funded with Federal Aid
Urban Highway Funds. The City was notified,
yesterday, that the Area Engineer for the
Federal Highway Administration approved the
Truxtun Avenue Project and will notify the
State Department of Transportation that the
City of Bakersfield can proceed with the
advertising. This is a large project and the
staff feels it should be advertised at least
30 days. At this point the staff is looking
at a bid opening about the second week in
January. The project will be under construc-
tion for approximately 15 months. The antici-
pated completion date will be around May, 1981.
Director of Fire & Development Services Needham and
Director of Public Works Hawley answered the questions submitted
at the Council Meeting of November 14, 1979, regarding traffic
problems and projects, streets and schools being planned for the
area surrounding California Avenue. These questions were asked
during the appeal hearing by Robert J. Matsumoto for a P.U.D. zone
at property commonly known as 5400 and 5600 Lennox Avenue.
Director of Fire & Development Services Needham stated
one similar project is being planned for the area. The are no
458
Bakersfield, California, November 28, 1979 - Page ll
schools being planned by the Panama Union School District for this
area. The Fruitvale School District is planning a school for the
Quailwood area.
Director of Public Works Hawley stated that no streets
are planned for the west side of California Avenue, south of
Mohawk Street, and no additional streets are planned in the area
of the Matsumoto development. Mr. Hawley then reviewed an alter-
native that would make a connection between Lennox Avenue and
Mohawk Street, and provide a short-cut for traffic from the Park
Stockdale area to California Avenue.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2561 to 2755,
inclusive, in the amount of $464,525.07.
(b)
Claim for Damages from Jeff Reyes and
Marjorie J. Reyes, c/o Gerald M. Leverett,
Attorney at Law, P.O. Box 1676, Bakers-
field. (Refer to City Attorney)
(c)
Claim for Damages from State Farm Mutual
Automobile Insurance Company on behalf of
Dawn Bryan, P.O. Box 398, Posey, California.
(Refer to City Attorney)
(d)
Claim for Damages from Mark Gunderson,
3014 Center Street, Bakersfield. (Refer
to City Attorney)
(e)
Claim for Damages from County of Kern,
Insurance and Claims Division. (Refer to
City Attorney)
(f)
Claim for Damages from Clifford Randolph
Hyatt, 5101 Marsha Street, #17, Bakers-
field. (Refer to City Attorney)
(g)
Claim for Personal Injuries from Jalaine
Kelley, 4400 Fjord Street, Apt. "B",
Bakersfield. (Refer to City Attorney)
(h)
Grant Deed from Tenneco Realty Development
Corporation providing for expansion of
sump at District Boulevard and Stine Canal,
as required by the Planning Commission for
Parcel Map No. 5621.
(i)
Slope Easement from Tenneco Realty Develop-
ment Corporation along Gosford Road, north
of Stockdale Highway, as required for
Parcel Map No. 5197.
459
Bakersfield, California, November 28, 1979 - Page 12
(J)
Improvement Agreement for Parcel Map No.
5102 with Donald R. Galey for construction
of improvements required by the Planning
Commission, located south of Brundage
Lane north of State Route 58 and west of
Oleander Avenue.
(k)
(i)
Improvement Agreement for Parcel Map No.
5708 with Chandler Construction, Inc.,
for construction of improvements required
by the Planning Commission, located south
of Wilson Road and west of Wible Road.
Application for Encroachment Permit from
Bruce Anderson, 1800 Cecil Brunner Drive,
for construction of a 6 foot high wood
fence and a 4 foot high pipe corral fence
at back of sidewalk along Annette Street
at northeast corner of Annette Street and
Margalo Avenue.
(m)
Application for Encroachment Permit from
Golden Empire Transit District, 3101 -
16th Street, for construction of a wheel-
chair ramp at 3101 16th Street.
(n)
Application for Encroachment Permit from
Golden Valley, Inc., 5412 Panorama Drive,
for construction of a 32" high block wall
at back of sidewalk along Panorama Drive,
at the northeast corner of Rancho Sierra
and Panorama Drive.
(o)
(P)
Plans and Specifications for construction
of Asphalt Concrete Pavement on Laurel-
glen Boulevard between Gosford Road and
E1 Portal Drive and paving median islands
on Ming Avenue, Ashe Road and White Lane.
Plans and Specifications for construction
of Asphalt Concrete Pavement on Stine Road
between Panama Lane and Harris Road, on
Stine Road between White Lane and Hartford
Avenue and on Adanac Court.
(q)
Request from Gannon Enterprises, Inc., for
amendment to the General Plan for a medium
density project located along the southern
side of the Kern River between Manor Street
and Chester Avenue. (Refer to Planning
Commission for study and recommendation)
Upon a motion by Councilman Miller, Items (a), (b), (c)
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p)
and (q) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Barton
Noes: None
Absent: Councilman Strong
460
Bakersfield,
California,
November 28, 1979 - Page 13
ACTION ON BIDS
Upon a motion by Councilman Barton, low bid of GCA
Drilling and Blasting for construction of Canal Culvert Extension
at White Lane and the Farmer's Canal, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Davenport
Office Equipment for a Copy Machine, was accepted and all other
bids rejected.
Upon a motion by Councilman Christensen, low bid of
Bakersfield Cycles Unlimited for Ten Police Special Motorcycles,
was accepted and all other bids rejected.
Upon a motion by Councilman Payne, low bid of McCoy
Truck Tire Company for Annual Contract - Tire Recapping, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Miller, low bid of Bakers-
field Welding Supplies for Annual Contract - Welding Supplies, was
accepted, the other bid rejected and the Mayor was authorized to
execute the contract.
DEFERRED BUSINESS
Referral of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.32.200 (e) of the
Municipal Code relative to the use
of the Auditorium Kitchen Facilities.
Mr. John Mossman, owner of Mossman's Catering Service,
1810 "R" Street, spoke in opposition to raising the rates charged
to caterers at the Civic Auditorium from 6% to 10%. Mr. Mossman
did not feel this was fair because the Auditorium does not have
full kitchen facilities and the increase would have to be passed
on to the customers. Mr. Mossman requested that the Council
consider all the adverse effects this increase would have on the
community and conventions prior to adopting the ordinance.
Councilman Barton made a motion that the ordinance
relative to the use of Auditorium Kitchen Facilities, be referred
461
Bakersfield, California, November 28, 1979 - l~age 14
back to the Auditorium-Recreation Committee for further stud~ and
while reviewing the cost effectiveness that the Committee provide
a figure of what the subsidization would be if the percentage was
held at 6% in relationship to what it would be if raised to 10%.
Councilman Miller requested that the Committee also
evaluate what the intake is today versus 5 years ago at the same
percentage, and explore the possibility of adding additional costs
to the user of the Auditorium rather than adding another percentage
to the catering fee.
Councilman Barton's motion that the ordinance relative
to the use of the Auditorium Kitchen Facilities, be referred back
to the Auditorium-Recreation Committee for further study, and while
reviewing the cost effectiveness that the Committee provide a
figure of what the subsidization would be if the percentage was
held at 6% in relationship to what it would be if raised to 10%,
was unanimously approved.
NEW BUSINESS
Approval of Joint Powers Agreement
with the cities of Santa Monica,
Ukiah, San Dimas, Palo Alto and
Oceanside establishing California
Solar Utility Development Authority.
It is proposed the City of Bakersfield enter into a Joint
Powers Agreement with the cities of Santa Monica, Ukiah, San Dimas,
Palo Alto and Oceanside for the purpose of exploring the potential
and viability of a Solar Utility. Upon the approval of this
agreement, the Authority will contract with the State Energy
Resources Conservation and Development Commission (SERCDC) for a
grant that will provide the resources to explore the issue of:
services, products, technology, market potential, financing and
funds for hiring appropriate consultant services.
Councilman Means made a motion that the Joint Powers
Agreement with the cities of Santa Monica, Ukiah, San Dimas, Palo
Alto and Oceanside establishing California Solar Utility Development
462
Bakersfield, California, November 28,
1979 - Page 15
Authority, be approved and the Mayor authorized to execute same.
Councilman Miller stated he feels it is important that
the Council support Solar Energy, but there are a number of
questions he would like answered prior to approving the agreement.
Principal Planner Dave Kennon stated by participating
in the Joint Powers Agreement the City would simply be committing
itself to studying the viability of a Solar Utility; such as,
speaking with citizens, obtaining input and identifying the needs
of Bakersfield relative to this type of activity.
Councilman Miller offered a substitute motion that
approval of the Joint Powers Agreement with the cities of Santa
Monica, Ukiah, San Dimas, Palo Alto and Oceanside establishing
California Solar Utility Development Authority, be deferred until
such time as public hearings can be held on this subject.
Mr. Jim Bozarth, District Representative for Pacific
Gas & Electric Company, stated P. G. & E. is all for Solar Energy
and throughout the State there are many things on the horizon
regarding energy. Mr. Bozarth also stated his concern is whether
or not this proposal is paralleling something that has already
been done.
Councilman Christensen made a motion to call for the
question and this motion failed to carry.
Councilman Miller's substitute motion that approval of
the Joint Powers Agreement with the cities of Santa Monica, Ukiah,
San Dimas, Palo Alto and Oceanside establishing California Solar
Utility Development Authority be deferred until such time as public
hearings can be held on this subject, failed to carry by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilman Miller
Councilmen Christensen,
Councilman Strong
Means, Payne,
Ratty, Barton
Bakersfield,
California, November 28,
1979 - Page 16
463
Councilman Means' motion that the Joint Powers Agreement
with the cities of Santa Monica, Ukiah, San Dimas, Palo Alto and
Oceanside establishing California Solar Utility Development
Authority be approved and the Mayor authorized to execute same,
was approved. Councilman Miller voted in the negative on this
motion.
Councilman Miller requested that the record show that
his negative vote is not to be construed as being against Solar
Energy; he simply voted "no" on the Joint Powers Agreement.
HEARINGS
This is the time set for continued public hearing before
the Council on an Appeal by Robert J. Matsumoto to the decision of
the Planning Commission denying his application to change the
zoning boundaries from an R-1-HOSP. (One Family Dwelling - Hospital)
Zone to a P.U.D. (Planned Unit Development) Zone, affecting those
certain properties in the City of Bakersfield commonly known as
5400 and 5600 Lennox Avenue.
This hearing was duly advertised and the property owners
were notified as required by law. This hearing was continued from
the Council Meeting of November 14, 1979, in order to allow the
Council time to find out from the Planning Commission if there are
other projects being planned for this general area.
The Planning Commission denied the request for a P.U.D.
zone at their meeting of October 17, 1979.
Mrs. Joyce Davis, resident of Park Stockdale, submitted
a petition containing 500 signatures of residents of the area
opposing the request for P.U.D. zoning. Mrs. Davis updated the
statistics from the school district, because, she stated, the ones
presented at the last hearing were outdated and did not reflect
future growth patterns for the area.
Mr. Chuck Tolfree, Tenneco Realty Development Corporation,
with the aid of a map depicting their area of development, reviewed
464
Bakersfield, California, November 28, 1979 - Page 17
the uses that already exist in the area and future non-single
family residential uses.
Mr. Robert J. Matsumoto, applicant for the zone change,
requested that his letter be read which summarizes his position
with respect to the property located at 5400 and 5600 Lennox
Avenue. Mr. Matsumoto reviewed the project, traffic problems and
answered questions of the Council.
After discussion, upon a motion by Councilman Ratty,
Zoning Resolution No. 272 denying application of Robert J. Matsumoto
to amend Title Seventeen of the Bakersfield Municipal Code changing
the Land Use Zoning of that certain property in the City of Bakers.-
field commonly known as 5400 and 5600 Lennox Avenue, was adopted
by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Barton
Noes None
Absent: Councilman Strong
Abstaining: Councilman Miller
STREET CLEANING - ACCEPTANCE OR MODI-
FICATION OF PRESENT LEVEL OF SERVICE.
Upon a motion by Councilman Means the rules were waived
so that the Council could enter into a debate and discussion with-
out clearing through the chair.
Councilman Barton stated unless the e£ficiency of the
sweeping is brought up to a very high level the City is wasting
their money. This matter cannot be addressed properly until input
is received from the staff as to how an efficient operation can be
obtained. He stated he would be reluctant to support this level
of service or allocation of funds until some means of improving
that service is presented.
Councilman Ratty stated the City has not received the
new equipment yet and the level of service cannot be judged until
that time.
Bakersfield,
California, November 28,
1979 - Page 18
465
Councilman Christensen suggested that street
days be posted on street light poles and persons fined
vehicles are not moved off the street on that day.
The Council, Public Works Director Hawley and City
Manager Bergen reviewed various alternatives for the Street
Sweeping Program.
level
sweeping
if their
After discussion, upon a motion by Councilman Means the
of service at this time, was approved.
Councilman Miller stated that all he would ask is, that
this motion is approved with the idea of continually looking at
the services. This was agreed upon by the Council.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:50 P.M.
MAY~y of Bakersfield,
Calif.
ATTEST:
ITY
C C~LERK and Ex O~icio Clerk of the Council
of the City of Bake~field, California
ma
466
Bakersfield,
California,
December 5, 1979
Minutes of a Joint Public Hearing of the Council of
the City of Bakersfield and the Bakersfield Redevelopment
Agency, held in the Council Chambers of City Hall at 4:00
P.M., December 5, 1979.
The meeting was called to order by Mayor Hart.
Mayor Hart stated this is the time for the Special
Joint Meeting of the City Council and the Bakersfield Redevelop-
ment Agency called for the purpose of conducting joint public
hearings on (1) the proposed Third Amendment to the Amended
Redevelopment Plan for the Downtown Bakersfield Redevelopment
Project, which includes the addition of certain land to the
Project area; and (2) the proposed sale and lease of land in
the Project area, as proposed to be amended, as provided for
in the proposed Joint Development Agreement between the
Redevelopment Agency and Bakersfield Associates.
Notice of these joint public hearings have been
published and mailed as required by the California Community
Redevelopment Law. As Mayor I will chair the joint hearings.
Will the members of the Redevelopment Agency and the staff
please take their places.
Mayor Hart led the Pledge of Allegiance.
The City Clerk called the roll of the Council,
follows:
Present:
Councilmen Means, ~i~ler, Payne, Ratty, Strong,
Barton, Christensen
Absent: None
as
The Agency Secretary called the roll of the Agency,
as follows:
Present:
Absent:
of procedural rules governing this public hearing.
contains the following documents:
Agency Members Foth, Mooneyham, Puder, Casper
Agency Members King, Lewis, Poehner
Mayor Hart stated he would like to make a statement
The record
Bakers£ield, California, December 5,
1979 - Page 2
467
a. The proposed Third Amendment to the Amended
Redevelopment Plan.
bo
do
The Redevelopment Agency Report to the City
Council on the proposed Third Amendment to
the Amended Redevelopment Plan.
Proposed Amended Rules Governing Participation
and Preferences by Owners, Operators of
Businesses and Tenants in the Downtown
Bakersfield Redevelopment Project.
The existing Amended Redevelopment Plan.
The proposed Joint Development Agreement.
The Summary Report on the proposed Joint
Development Agreement which includes an
"Analysis of the Cost of Agreement" and a
Reuse Analysis."
The Replacement Housing Plan.
The Final Subsequent Environmental Impact
Report for the Proposed Third Amendment and
the Joint Development Agreement.
Environmental Documents prepared for prior
Project area activities which includes:
(1) Bank of America Tower and Retail
Complex, October 30, 1972.
(2)
"K" Street Parking Garage, June 28,
1974.
(3)
(4)
(5)
New Police Facilities, August 12, 1974.
Downtown Bakersfield Redevelopment
Project and Area Proposed to be Added
to the Project, November 18, 1974.
Supplement to the EIR on the Bakers-
field Redevelopment Project and the
Area Proposed to be Added to the
Project, September 1, 1976.
Ladies and Gentlemen, in order that we may have an orderly
meeting and make the most efficient use of our time here, I am
going to ask that everyone who participates in this hearing observe
a few simple rules. To assure that everybody who wishes to speak
will have an opportunity to be heard, the Council and the Agency
will follow the following rules:
ao
The written agenda will govern the course
of the meeting. Copies of the agenda are
available in case you did not take one at
the door.
468
Bakersfield,
California,
December 5, 1979 - Page 3
All persons who desire to be heard will
have an opportunity to speak.
People who wish to speak for or against
the Proposed Third Amendment to the Amended
Redevelopment Plan and the Proposed Joint
Development Agreement should fill out a
form. These forms will now be picked up.
If you do not have a form, please raise
your hand and one will be given to you.
d. Before commencing to speak, you will be
sworn in by the City Clerk.
eo
Before you start to speak, please give
your name and address and the organization,
if any, which you are representing at this
hearing.
fo
In order that everyone will be able to hear
those who are speaking, we want to urge you
to speak clearly and directly into the
microphone.
Mayor Hart declared the hearing open for the City
Council.
Agency Chairman Casper declared the hearing open for
the Redevelopment Agency.
City Manager and Executive Director of the Redevelop-
ment Agency Bergen stated this project has taken a long time and
many people have put a considerable amount of effort into it in
order to reach this point. Mr. Bergen introduced the Agency
consultants and developer as follows:
Eugene Jacobs, Murray Kane and Erma Lake,
Special Counsel for the Redevelopment Agency.
Calvin Hollis, Financial Consultant for the
Redevelopment Agency.
Jerry Keyser, Land Economist for the Redevelop-
ment Agency.
Edward Holden, Regional & Environmental Planner
for the Redevelopment Agency.
Dan Donahue, President of John S. Griffith
Company. Mr. Donahue introduced Mr. Tom
Schriber and Mr. Jack Jensen, Vice-Presidents
of John S. Griffith Company.
Jeff Nagle, President of Fresho's Downtown
Business Association.
Bakersfield,
California, December 5,
1979 - Page 4
469
Deputy Director of the Redevelopment Agency Needham
entered the following two documents into the record:
1. Proposed Addition to Section 511 of the
Joint Development Agreement:
(h)
The Agency at its option may terminate
this Agreement if the Agency is required
to issue bonds in an amount higher than
presently estimated in order to fund
higher than presently estimated Agency
costs as set forth in the Summary Report
for this Agreement dated November 1979,
and the Agency despite diligent effort
is unable to obtain other funds, such
as federal UDAG or EDA funding, to
replace such bond funding. In the
event of such termination the Agency
shall return Developer's Deposit and
neither party shall have any further
rights or liabilities against the other,
except as set forth in Part III of the
Method of Financing, Attachment No. 2.
Addendum to Report to City Council, Section
VI, Method and Plan for Relocation of Occupants
and Businesses, Proposed Third Amendment to
Redevelopment Plan for the Downtown Bakersfield
Redevelopment Project.
The Agency participants were sworn in as a body by the
City Clerk.
Deputy Director of the Redevelopment Agency Needham,
with the aid of a map, explained the Proposed Third Amendment to
the Redevelopment Plan and Joint Development Agreement. The
Proposed Third Amendment includes the site for the downtown shop-
ping center, which is bounded by 20th Street on the south, "Q"
Street on the east, 23-24th Streets on the north and "L" Street
on the west; and the hotel project which is bounded by "N" Street
on the west, Truxtun Avenue on the north, "Q" Street on the east
(sic) 14th Street
and 16th Street/on the south. The total shopping center area is
approximately 44 acres and encompasses approximately 16.7 blocks
of property. The total area of the hotel site is approximately
20 acres of land.
The Joint Development Agreement stipulates that the
Redevelopment Agency will acquire the property for the purpose of
constructing a regional shopping center containing approximately
470
Bakersfield, California, December 5,
1979 - Page 5
850,000 square feet, building parking facilities and making
public improvements. The Redevelopment Agency is responsible
for acquisition of land, relocation of people and businesses,
demolition o£ structures, clearing the land and public improve-
ments, including signal lights, traffic changes, street improve-
ments, sewer mains, fire hydrants and water facilities. Mr.
Needham, with the aid of a site plan, pointed out the two areas
that the developer will purchase for the shopping center at a
price of $7,000,000.
Mr. Edward Holden, Regional City Planner for the Rede-
velopment Agency and author of the subsequent EIR for the Third
Amendment, stated the EIR covers the additional areas, shopping
center, hotel complex and amendment to the Redevelopment Plan.
There are basically two documents, the draft report and supple-
mental report. The supplemental report contains the basic summary
of the impact areas, mitigation measures, communications received
on the basic draft document and comments on the communications.
The bottom line o£ these documents is the finding that there are
no substantial potential adverse impacts identified with respect
to the items reviewed. The documents identify three unavoidable
impacts. It is not completely possible to identify and quantify
all the things the impact the downtown shopping center will have
on other areas. These impacts are likely to be both negative and
positive. There are some that just cannot be identified. Another
unavoidable impact is that there will be an increase in traffic
associated with both of these items. Mitigation measures have
been suggested that should take care of the basic traffic problems.
In a situation of this kind there are likely to be a few more
accidents than normal, simply because of the increased traffic.
In any situation where activities are expanded in the downtown
area, more electrical, etc., energy will be used, although conser-
vation measures are recommended to be considered in as many
situations as possible. The Environmental Impact Statements
Bakersfield,
California, December 5, 1979 - Page 6
4 71
contain a number of recommendations on traffic as well as other
areas. The Redevelopment Agency has reviewed these documents,
certified the subsequent EIR and recommended it to the City
Council.
Mr. Calvin Hollis, member of the £irm o£ Katz, Hollis,
Coren & Associates, the Redevelopment Agency's Financi. al Consul-
tants, stated the document entitled "Summary for the Proposed
Sale of Land to Bakersfield Associates for the Development of a
Retail Shopping Center" contains the estimated cost, projected
revenues and financing plan for the Amended Redevelopment Areas
which will contain the shopping center. Page 3 of that document
lists the cost for land acquisition, demolition-site preparation,
on and off improvements, relocation, public parking facilities,
administrative and interest computations. The acquisition
appraisals are a result of a budget estimate prepared by local
appraisers. Relocation costs and budget estimates were prepared
by the firm of Port & Flor, who are relocation specialists.
Parking facilities costs were prepared after discussions with the
developer and are the basic costs presented by him. Interest on
loans and bonds to finance the agreement were prepared by our
office, based on the assumed financing plan. The financing plan
being presented, at this time, is a combination o£ lease revenue
financing and use of landfill proceeds. The developer will pur-
chase the retail center parcels (Parcels A and B) for $7,000,000.
The developer will advance $5,000,000, of the $7,000,000, to the
Agency. The Agency will then have use of those funds £or acquisi-
tion, relocation, etc. It is proposed that the Agency sell a
Lease Revenue Bond Issue of approximately $20,000,000, which will
finance the balance of the acquisition site assembly cost and
construction of the parking facilities. The revenue to support
that bond issue will come from tax increments from the Redevelop-
ment Project Area and lease payments from the developer. Lease
payments for the first four years will be $800,000 per year,
472
Bakersfield, California, December 5, 1979 - Page 7
going to $900,000 per year in the fifth year and thereafter to
the end of the lease. There is nothing in the Gann Initiative
(Proposition 4), Proposition 13 or recent legislation that
implements Proposition 13, which will prohibit the Redevelopment
Agency from issuing Revenue Bonds. Each bond issue will be
judged by the bond market on its own merits. There is no reason
to think that a bond issue, as we have structured it, could not
be sold on the market. Within the next two months there will be
agencies in the State going to the bond market to issue exactly
the type of financing that is anticipated for this project.
Mr. Jeff Nagle, President of the City of Fresho's
Downtown Business Association, stated coming from Fresno it is
a little bit difficult to understand how a proposal such as the
one being discussed today can be considered controversial. Down-
towns across the country would jump at the chance to attract a
qualified developer with a proven record that is not only willing,
but anxious, to bring a multimillion dollar retail complex with
four, and possibly five, major department stores to Bakersfield's
downtown area. Fresho's City Council has never has the opportunity
to say yes to a development that would mean the beginning of a new
era for the entire City. During business hours downtown is a
hustling-bustling place, but comes that magic hour, the exodus
takes place, then it is a desert. This proposed retail complex
can change all of that in time because Bakersfield will have,
once again, a downtown that is a vital thriving place for evening
shopping, dining and entertainment. Bakersfield is fortunate in
that the City has developed in a way that the downtown area is
really the center of the City. The Council's obligation to their
constituents is to do what is in the best interest of the entire
City. All selfish considerations should be set aside. This
could very well be the most important decision that this City
Council will ever make. Approval of this downtown complex will
spur additional development, improve property values, generate
Bakersfield, California, December 5, 1979 - Page 8
473
jobs and tax revenues, and those revenues will benefit every
citizen o£ the City of Bakersfield. Opportunities like this do
not come up every day. Bakersfield can survive very we~l with-
out another suburban shopping center, but it cannot survive and
continue to grow and prosper without a strong, vital, viable
and well-balanced downtown. Mr. Nagle urged the Council and
Redevelopment Agency to approve the development of the downtown
area.
Mr. Jerry Keyset, President of Keyser, Marston Associates,
Land Economic Advisors to the Redevelopment Agency, stated their
role has been to prepare a ~ocument that covers the following:
1. Reuse value for the retail center parcel.
2. Fair lease value for the parking £acilities.
3. Section 33433 - Evaluation of price that the
site could command for alternative uses.
The conclusion of the findings is that the disposition price of
$7,000,000 and lease payment of $800,000 per year, increasing in
the fifth year to $900,000 per year, represents a fair value for
the transaction between the Agency and developer. Further, the
$7,000,000 exceeds the value that could be achieved for this site
by some other use or combination of uses. Mr. Keyser then reviewed
the procedure they used to reach these conclusions.
Mr. Murray Kane, Special Counsel to the Redevelopment
Agency, stated one of the steps they have taken towards the adop-
tion of the Proposed Third Amendment to the Redevelopment Plan
is to try, in the time available, to meet and consult with those
people a£fected by the adoption of the plan and obtain their
advice about relocation and displacement. Meetings have been
held with as many property owners, business people, renters,
churches, nonpro£it groups and community organizations that time
would allow. It has become clear, from the advice obtained, that
in certain circumstances this will not be a full and just compen-
sation for them. The office o£ Special Counsel Eugene Jacobs has
474
Bakersfield,
California, December 5,
1979 - Page 9
prepared, and previously made available to the public, an addendum
to the report to the Council from the Agency on this subject. Mr.
Kane then summarized the specific circumstances they feel the
Agency should consider when special relocation assistance is
needed to meet the needs of the area involved and changed circum-
stances, such as the passage of Proposition 13, to avoid substan-
tial economic loss in these moves.
Mr. Eugene B. Jacobs, Special Counsel for the Redeve-
velopment Agency, stated from the date of adoption, and the date
the contract with the developer is signed, the process would be
that within 90 days the Agency would seek to obtain its money in
order to buy the property and move the project and the developer
would put up the $5,000,000. That money would then be used to
make the offers and necessary purchases. These purchases and
moves would be geared in such a way that the owners could stay
in place while their new location is being prepared and then they
could move over a weekend or evening in such a way that there
would not be a loss of business. This kind of timing could be
started by March or April and the sale take place, so the land
goes to the developer within a period of five months to one year.
To bring the cost down, as much surface parking as possible has
been planned, with one deck of structured parking. If money is
available at a later date, from other sources, and if the deve-
loper brings in a fifth store, then additional structured parking
would be added to the site. This was done in order to cut down
the Agency's cost at the front of the process. There will also
come out of this process a requirement that all low and moderate
income housing be replaced in the project or City and that 20%
of the tax increment from the last and this proposed amendment
be used for low or moderate income housing, people, business
and residences, and they would have to be assisted in their move
to another location.
475
Bakersfield, Cal±fornia, December 5, 1979 - Page 10
Mr. Jacobs pointed out a plan of the hotel on the wall
and stated that the Joint Development Agreement will be brought
back soon, but it is not ready at this point in time.
Mr. Jacobs than reviewed some of the problems that haw~
been raised by the public in meetings and the newspaper.
After being sworn in by the City Cler~,Mr. Dan Donahue,
President of John S. Griffith & Company, developer of the project,
stated the most important thing that can be stated tonight is that
all o£ the answers are not known. The City consultants, Redevelop-
ment Agency members, concerned citizens and business associates do
not know all the answers. John S. Griffith and Company, in part-
nership with the May Company Department Stores, is prepared to
expend the effort~ funds and time to rebuild downtown Bakersfield.
Tonight we are requesting an expansion o£ the boundaries and
approval of basic business terms, an understanding of how we will
proceed and finance both the public and private portions of this
development. Mr. Donahue then reviewed the displacement of exist-
ing tenants and homeowners, people who may be adversely af£ected
by this development. John S. Griffith & Company has developed
four other redevelopment projectswhere it was necessary to use
condemnation and relocate people. Without a doubt people were
inconvenienced. It is a long drawn out process, but without
question, in time, all of these people realized it was for the
betterment of the community, and he personally believes each and
every one of them was financially rewarded equal to the value
taken from them.
The second issue of controversy is that the taxpayers
will be subsidizing the bond issues and public costs are going
to be paid by the taxpayers. The City's consultants, particularly
Mr. Keyser and Mr. Hollis, have explained that John S. Griffith
& Company is prepared to pay $7,000,000 for Parcels A and B.
Of that amount, $5,000,000 will be advanced, in cash, so the
process can be speeded along. Furthermore, the bonds will be
476
Bakersfield, California, December 5, 1979 - Page 11
for an extremely long period of time and payments will be made
to the City for an extremely long period of time. John S.
Griffith & Company and May Company are going to own a develop-
ment in downtown and participate and become fabric in the com-
munity. The reason this area has been chosen for the shopping
center, rather than the 19th Street and Chester Avenue area,
is the cost of parking.
There have been questions as to how many shopping
centers this community can support. A great deal of research
has been done on that subject. John S. Griffith's partner,
the May Company, has conducted, at their expense, a retail
evaluation of this community. That evaluation concluded,
beyond a question of doubt, that the community can support one
full-blown regional shopping center in the foreseeable future.
That conclusion has been seconded by the Research Departments
of J. C. Penney Company and Montgomery Ward.
Mr. Donahue also stated he would like to second the
statements made by Mr. Nagle as to the reasons why this develop-
ment would be good for Bakersfield and urged approval of the
project.
Deputy Director of the Redevelopment Agency Needham
stated this concludes the Agency's presentation. If there are
any questions, Agency representatives are available for a more
in-depth discussion.
Special Counsel Eugene Jacobs stated that Agency
Member Poehner is not participating in this hearing because his
family owns property in the area.
Mayor Hart stated the City Clerk will read the names
and addresses of all persons who have submitted written communi-
cations in favor of the proposed Third Amendment to the Amended
Redevelopment Plan and the proposed Joint Development Agreement.
The Clerk will also give a brief and general summary of each
written communication.
Bakersfield, California,
December 5,
1979 - Page 12
4'77
Letter from Dick Foster, David W. Thomley
Corporation, Investment Properties, P.O.
Box 2121, Bakersfield, dated November 20,
1979, strongly urging that the Council
support the downtown shopping center.
Letter from Joe Henley, Henley's Photo, Inc.,
2000 "H" Street, Bakersfield, dated November
30, 1979, offering their experience in
relocation to help in the downtown project
and also stating their relocation has been
very successful.
Letter from Skip Witham, President of the
Downtown Business Association, 1408 - 17th
Street, Bakersfield, dated December 4, 1979,
stating their Board of Directors voted to
support the Council, staff and Redevelopment
Agency in their efforts to proceed with the
proposed shopping center.
Telegram from Cletus Stanley, Executive
Secretary-Treasurer of the Kern, Inyo and
Mono Counties Building Trades Council,
dated December 4, 1979, stating the Building
Trades Council and all its affiliated local
unions are in favor of the Downtown Rede-
velopment Program and further delays would
be detrimental to the community.
Telegram from Bob Carter, President of the
Kern, Inyo and Mono Counties Central Labor
Council, dated December 4, 1979, supporting
the Downtown Redevelopment Project and
urging that the Council take all necessary
steps towards the completion of the project.
Letter from Jeff Wattenbarger, President of
Bakersfield & Kern County Builders' Exchange,
711 - 24th Street, dated December 5, 1979,
recommending the Council proceed and take
positive action on this development.
Mayor Hart stated at this time we will have oral state-
ments and questions from persons in favor of the proposed Third
Amendment and Joint Development Agreement. Will the City Clerk
please call the persons who have turned in forms and swear in
each speaker.
After being sworn in by the City Clerk the following
persons spoke in favor of the proposed Third Amendment and Joint
Development Agreement:
Mr. Ted Fritts, Co-Publisher/Editor of the Bakersfield
Californian, stated if the Council and Redevelopment
Agency think the downtown retail center has merit it
should be approved, but approval should not be based
on what some other private citizen plans to do in
the future with his property.
478
Bakersfield,
California, December 5, 1979 - Page 13
Mr. Edwin W. Wilson, 1208 Tam O'Shanter Drive,
practicing law and a property owner in the
downtown area.
Mrs. Lois Anderline, 6708 Norris Road.
Mary Rohde, 4308 Alexander Street, business
in downtown area.
Mr. Arthur Rockoff, 4501 Christmas Tree Lane.
Mr. Robert A. Miller, 2620 College Avenue,
and representing Wilbur Rickett and William
C. Kuhs on development of First Baptist Church
property into professional offices and
commercial property.
Mr. Frank Casey, 4105 Coronado Avenue,
representing Greater Bakersfield Chamber of
Commerce.
Mr. Jack Balfanz, 612 Vista Verde, representing
the Bakersfield Board of Realtors.
Mayor Hart stated the City Clerk will read the names
and addresses of all persons who have submitted written communi-
cations in opposition to the proposed Third Amendment to the
Amended Redevelopment Plan and the proposed Joint Development
Agreement. The Clerk will also give a brief and general summary
of each written communication.
Letter from Mrs. P. Cummings, 175 La Mesa
Drive, in favor of John Brock's proposed
shopping center in Northeast Bakersfield,
but opposing a downtown shopping center.
Letter from Richard H. Wise, Law Offices
of Mullins, Wise & Dickman, 21st Floor,
Crocker Plaza Post at Montgomery, San
Francisco, California, representing
Charles A. Holloway, owner of Pacific
Telephone Building at 22nd and "L" Streets
and two parking lots, concerned with con-
demnation of his building.
Letter from Mrs. Roger Glendening, 2425
Truxtun Avenue, expressing a desire to
allow the public to vote on the downtown
shopping center project.
Mayor Hart stated at this time we will have oral state-
ments and questions from persons in opposition to the proposed
Third Amendment and Joint Development Amendment. Will the City
Clerk please call the persons who have turned in forms and swear
in each speaker.
Bakersfield,
California, December 5, 1979 - Page 14
479
After being sworn in by the City Clerk the following
persons spoke in opposition to the proposed Third Amendment and
Joint Development Agreement:
Mr. Larry Gean, 2015 - 3rd Street, representing
himself, Mrs. Tom Eng, 2120 "O" Street, and
the Board of Directors of Confucius Church,
2128 "N" Street.
Mr. William C. Kuhs, 1815 Ridgewood Drive,
Attorney at Law, representing Graybar Electric
Company, 820 - 22nd Street. Submitted two
photographs of Graybar Electric's building in
the proposed Downtown Redevelopment Area.
Mr. Ralph J. Poehner, 1109 Princeton Street,
owner of Ralph's Piston Ring Service, 830 -
21st Street. Mr. Poehner submitted a petition
containing 76 signatures from persons in the
area opposing the location of the Downtown
Shopping Mall in the area between 23rd Street,
20th Street, "L" Street and "Q" Street.
Mrs. Anne Monroe, 3991 Marella Way.
Mr. Mike M. Munoz, 2723 Noble Avenue, owner
of Sinaloa's Restaurant, 910 - 20th Street.
Mr. Glenn Sogo, 600 "T" Street, representing
Japanese Buddhist Temple, 2207 "N" Street,
stated they are very concerned about moving
a shrine that was brought from Japan and put
into the building in 1931. They are afraid
it will collapse.
Mr. David B. Jones, 706 Arvin Street, owner of
Callaway's Automotive Machine Shop, 2216 "N"
Street.
Tillyen Edna Dewey, 2615 - 18th Street.
Mr. Dominic Bianco, Attorney at Law, 1107
Truxtun Avenue, representing several residents,
property owners and businesses in the proposed
redevelopment area.
Mr. Tom Poor, 3529 Country Club Drive, owner
of Communication Enterprises, Inc. and its
subsidiary, Bakersfield Electronics, 2315
"Q" Street.
Upon a motion by Councilman Christensen, a brief recess
was declared at 6:55 P.M. and the hearing reconvened at 7:10 P.M.
Mr. Dominic Bianco, Attorney at Law, 1107
Truxtun Avenue, representing several residents,
property owners and businesses in the proposed
redevelopment area, continued his presentation
in opposition to the proposed Third Amendment
and Joint Development Agreement. Mr. Blanco
presented 32 photographs of the area proposed
480
Bakersfield, California, December 5, 1979 - Page 15
to be added to the redevelopment area and a
copy of an article from the Los Angeles Times
dated December 2, 1979, entitled "Propositions
13 and 4 Add Up to Trouble for Municipal Bonds
in State."
Mayor Hart stated the City Clerk will read the names
and addresses of all other persons who have submitted written
communications regarding the proposed Third Amendment and the
proposed Joint Development Agreement. The clerk will also give
a brief and general summary of each such written communication.
Mr. Thomas L. Eveland, Attorney for the Bakers-
field Chinese Church, 2010 "O" Street, prin-
cipally concerned with replacement cost and
relocation site of new church.
~ayor Hart stated at this time we will have oral state-
ments and questions by other persons not wishing to declare either
in favor or in opposition to the proposed Third Amendment and
Joint Development Agreement. Will the City Clerk please call the
persons who have turned in forms and swear in each speaker.
After being sworn in by the City Clerk, Mr. Donald J.
Olsson, 2900 Dartmouth Street, stated he wholeheartedly supports
the improvement and redevelopment of downtown Bakersfield; how-
ever the sleazy hotels, bars and pornography shops in the heart
of Bakersfield are more of a blight than the churches, Y.M.C.A.,
businesses and existing substandard housing in the area of the
proposed Third Amendment to the Redevelopment Plan. It does not
make sense to construct a shopping center of this magnitude next
door to the smut shops on 19th Street. Mr. Olsson requested thai
the Council consider a plan for the incorporation of 19th Street
into the redevelopment of downtown.
After being sworn in by the City Clerk, Mr. Tom Eveland,
3707 Barbara Avenue, Attorney speaking on behalf of the Bakers-
field Chinese Church, stated they are not in favor or opposed to
the Redevelopment Plan, and the Council & Redevelopment Agency
should vote in the interest of the people of the entire City.
Bakersfield,
California, December 5,
1979 - Page 16
481
Their concern is that the Bakersfield Chinese Church be given
adequate compensation if they have to move, and they would like
to be relocated in the same general area with no interruption
in church services.
After being sworn in by the City Clerk, Mr. John Kelly,
Attorney representing the Y.M.C.A., stated the Y.M.C.A. is not
taking a position either in favor or against the proposed Third
Amendment to the Redevelopment Plan or Joint Development Agreement.
Their concern is that they will be able to continue with their
activities and have a replacement cost position for purchasing
alternate facilities.
After being sworn in by the City Clerk, Mr. Richard D.
Jones, 1950 Port Edwards Place, Newport Beach, California, Trustee
of Gladstone Foundation who owns Valley Plaza, stated they are
not taking a position either in favor or against the proposed
development; they merely have questions as taxpayers.
Agency Chairman Casper briefly recessed the joint public
hearing at 7:55 P.M., in order to convene the regular Council
Meeting.
Mayor Hart briefly recessed the joint public hearing
at 7:55 P.M., in order to convene the regular Council Meeting.
After being sworn in by the City Clerk, Mr. Richard
Hill, 10425 Haines Canyon, Tujunga, California, representing
Municipal Services, Inc., a redevelopment and municipal financing
consulting firm based in Los Angeles, stated he was asked by a
representative of Valley Plaza to review the financial aspects
of the Third Amendment and Joint Development Agreement for the
proposed shopping center. Their purpose is not for or against
the project, but rather to express concerns on the aspects of
the proposal for consideration tonight. Mr. Hill asked several
questions o£ Mr. Hollis regarding the financing of the proposed
project.
482
Bakersfield,
California, December 5, 1979 - Page 17
Jan Comer, 2417 Hubert #A, representing WUI/TAS, Inc.,
2315 "Q" Street, (Able-1 Telephone Answering Service), submitted
the following question:
"What will the City do to insure that my 300
customers will not incur any additional
monthly charges for services they now receive?"
Special Counsel Jacobs stated Ms. Comer should meet
with the staff to discuss this, but as a general answer there
should not be any additional charges due to this process.
Mr. Preson H. Burdette, Multi-Business Systems, 101
Carr Street, requested that the record show the following comment:
"I think this project would be good for the
business community."
Mrs. Grace Shelton, 811 - 22nd Street, and rental at
2125 "Q" Street, submitted the following question:
"Will I get the real value of my property?"
Special Counsel Jacobs stated there would be the markel;
value as if it were sold on the private market.
Osie L. Wood, 821- 22nd Street, representing
requested that the record show the following
Mr. & Mrs.
Carter's Super Shop,
comment:
"The price of my property."
Special Counsel Jacobs stated they could not give him
the price of his property tonight, because only budget appraisals
have been conducted at this time. The price of the property will
be given to him at the appropriate time when specific appraisals
have been done by the appraisers.
Mayor Hart asked if there were any other persons
desiring to speak at this time. Hearing no requests to speak,
the public hearing was declared closed for the purposes of the
City Council.
Agency Chairman Casper closed the public hearing for
the purposes of the Redevelopment Agency.
Bakersfield, California, December 5, 1979 - Page 18
4S3
Mayor Hart asked if the members of the Redevelopment
Agency desired to discuss and consider taking action at this
time.
Agency Chairman Casper asked if any members of
Redevelopment Agency desired to ask questions or request
clarification on the proposed Third Amendment
Joint Development Agreement.
Special Counsel Jacobs and Financial
Hollis clarified all the points which has been
the
further
and the proposed
Consultant Calvin
raised by the
individuals participating in the public portion of the hearing.
Agency Member Foth explained her support of the proposed
redevelopment of the downtown area.
Approval'of Addition to Section 511
of the Joint Development Agreement
and Addendum to Report to City Council,
Section VI, Method and Plan for
Relocation of Occupants and Businesses,
Proposed Third Amendment to Redevelop-
ment Plan for the Downtown Bakersfield
Redevelopment Project.
Upon a motion by Agency Member Puder, seconded by Agency
Member Mooneyham, Addition to Section 511 of the Joint Developmenu
Agreement and Addendum to Report to City Council, Section VI,
Method and Plan for Relocation of Occupants and Businesses,
Proposed Third Amendment to Redevelopment Plan for the Downtown
Bakersfield Redevelopment Project, were approved to be included
in the respective documents.
Adoption of Resolution No. RA 11-79 of
the Bakersfield Redevelopment Agency
approving and adopting "Amended Rules
Governing Participation and Preferences
by Owners, Operators of Businesses, and
Tenants in the Downtown Bakersfield
Redevelopment Project."
Upon a motion by Agency Member Foth, seconded by Agency
Member Mooneyham, Resolution No. RAll-79 of the Bakersfield Rede-
velopment Agency approving and adopting "Amended Rules Governing
Participation and Preferences by Owners, Operators of Businesses,
484
Bakersfield, California, December 5, 1979 - Page 19
and Tenants in the Downtown Bakersfield Redevelopment Project,"
was adopted by the following roll call vote:
Ayes: Agency Members Foth, Mooneyham, Puder, Casper
Noes: None
Absent:
Agency Members King, Lewis, Poehner
Adoption of Resolution No. RA12-79 of
the Bakersfield Redevelopment Agency
making certain findings that provisions
of low and moderate-income housing out-
side the Project Area as Amended by
the Third Amendment, will be of
benefit to the Project as Amended.
Upon a motion by Agency Member Puder, seconded by Agency
Member Foth, Resolution No. RA12-79 of the Bakersfield Redevelop--
ment Agency making certain findings that provisions of low and
moderate-income housing outside the Project Area as amended by the
Third Amendment, will be of benefit to the Project as Amended, was
adopted by the following roll call vote:
Ayes: Agency Members Foth, Mooneyham, Puder, Casper
Noes: None
Absent: Agency Members King, Lewis, Poehner
Adoption of Resolution RA13-79 of the
Bakersfield Redevelopment Agency
approving and recommending the
adoption of the Third Amendment to
the Amended Redevelopment Plan for
the Downtown Bakersfield Redevelop-
ment Project.
Upon a motion by Agency Member Foth, seconded by Agency
Member Mooneyham, Resolution No. RA13-79 of the Bakersfield Rede-.
velopment Agency approving and recommending the adoption of the
Third Amendment to the Amended Redevelopment Plan for the Down-
town Bakersfield Redevelopment Project, was adopted by the follow-
ing roll call vote:
Ayes: Agency Members Foth, Mooneyham, Puder, Casper
Noes: None
Absent: Agency Members King, Lewis, Poehner
Bakersfield, California, December 5, 1979 - Page 20
485
Adoption of Resolution No. RA!4-?9 of
the Bakersfield Redevelopment Agency
making environmental findings necessary
for the Proposed Joint Development
Agreement between the Bakersfield
Redevelopment Agency and Bakersfield
Associates for the sale and develop-
ment of real property located in the
Downtown Bakersfield Redevelopment
Project.
Upon a motion by Agency Member Mooneyham, seconded by
Agency Member Foth, Resolution No. RA14-79 o£ the Bakersfield
Redevelopment Agency making environmental findings necessary for
the Proposed Joint Development Agreement between the Bakersfield
Redevelopment Agency and Bakersfield Associates for sale and
development of real property located in the Downtown Bakersfield
Redevelopment Project, was adopted by the following roll call vote:
Ayes: Agency Members Foth, Mooneyham, Puder, Casper
Noes: None
Absent: Agency Members King, Lewis, Poehner
Adoption of Resolution No. RA15-79 of
the Bakersfield Redevelopment Agency
making certain findings with respect
to the consideration to be received
by the Agency pursuant to the Joint
Development Agreement between the
Agency and Bakersfield Associates;
approving the proposed sale, lease
and sublease of real property and
the Joint Development Agreement; and
authorizing the execution and imple-
mentation of said Joint Development
Agreement.
Upon a motion by Agency Member Puder, seconded by Agency
Member Foth, Resolution No. RA15-79 of the Bakersfield Redevelop-
ment Agency making certain findings with respect to the considera-
tion to be received by the Agency pursuant to the Joint Develop-
ment Agreement between the Agency and Bakersfield Associates;
approving the proposed sale, lease and sublease of real property
and the Joint Development Agreement; and authorizing the execution
and implementation o£ said Joint Development Agreement, was adopted
by the £ollowing roll cal~ vote:
486
Bakersfield,
California,
December 5, 1979 -
Page 21
Ayes:
Noes:
Absent:
Agency Members Foth, Mooneyham, Puder, Casper
None
Agency Members King, Lewis, Poehner
Agency Chairman Casper stated that that
completes the
Agency's consideration and actions.
Mayor Hart asked if any members of the Council desired
to ask questions or request further clarification on the proposed
Third Amendment and the proposed Joint Development Agreement.
In answer to a question by Councilman Miller, Special
Counsel Jacobs explained the various forms of blight.
In answer to a question by Councilman Means, Deputy
Director of the Redevelopment Agency Needham stated as the
Amendment is written, he feels very comfortable with it and
concurs that i£ it gets to a point where the bonds cannot be sold,
etc., the staf£ would definitely recommend that the Council take
the necessary action to cancel the project.
Special Counsel Jacobs stated the amendment added to tile
Joint Development Agreement tonight is a double fail-safe, because
the agreement already contains a termination clause if the bonds
cannot be sold. If the bonds can be sold it means there is adequate
money to take care of it. This is an additional out that even if
the bonds could be sold at an amount higher than $20,000,000 you
would not be required to do so.
In answer to questions by Councilman Strong, Special
Counsels Jacobs and Kane explained the tax increments for the
downtown area.
Adoption of Resolution No. 90-79 of
the City Council of the City of
Bakersfield adopting the Final Sub-
sequent Environmental Impact Report
for the Downtown Bakersfield Redevelop-
ment Project, and making certain
findings with respect to the Environ-
mental Impact of said Project.
Bakersfield, California, December 5, 1979 - Page 22
487
After a lengthy discussion, Councilman Barton made a
motion that Resolution of the City Council of the City of Bakers-
field adopting the Final Subsequent Environmental Impact Report
for the Downtown Bakers£ield Redevelopment Project, and making
certain findings with respect to the Environmental Impact of said
Project, be adopted.
Councilman Strong stated he is not in favor of the
project because there are too many unanswered questions. He
stated he has thoroughly reviewed most of the documents available
in connection with the proposal and listened to arguments for and
against. Over the years he has tried to remain objective allowing
the facts to determine his sense of direction. It has been admit-
ted here tonight that people within the Agency and outside the
Agency will have to subsidize the project to some extent. If it
did not require taxpayers participation then the Redevelopment
Agency and Council would not be involved. The area in question
is not blighted. All a person has to do to find that out is try
to buy a parcel of land within the area. Councilman Strong also
stated he has a problem with government taking land from private
citizens who have worked hard to establish businesses or homes
and then paying them what they think is a fair market value and
giving the land to other private interests. Another overriding
thing that exists in this particular project is that the public
does not want it.
Councilman Christensen stated he concurs with practi-
cally everything Councilman Strong said. He would like the
people to know he believes in the free enterprise system. He
does not believe in subsidizing a downtown agency to make a man
move from his property and then turn around and sell it to some
yokel from out of town. It is not part of the American way and
he cannot swallow that pill. He has to vote the convictions of
his constituents in the 2nd Ward, who were polled very heavily,
488
Bakersfield,
California
December 5, 1979 - Page 23
and they are 90% opposed to the Downtown Redevelopment Agency.
He promised he would vote their will.
Councilman Means stated he is aware this is an issue
that concerns every resident of Bakersfield. Any decision like
this requires a tremendous amount of research, discussions with
residents and thinking about what is best for all the citizens.
It is not an easy decision. After talking to many business
people and surveying over 400 people in the 5th Ward, the decision
was that they were in favor of it. This was a written question-
naire that was handed out to 477 people, which included 23 signa-
tures against the project. 109 were opposed, 338 in favor and 31)
had no opinion. He supports the downtown center and the majority
of the residents in his ward seem to support it. He talked to
City officials in Santa Monica, Fresno, Santa Cruz and Los Angeles
and they seem to feel if we do not take this opportunity to improve
the downtown area that it will never be what we in Bakersfield hope
it will be. The senior citizens in Ward 5 want a downtown to be
proud of and a place they can go to on the bus. The Council
should continue to be certain that the taxpayers will benefit
and support this center. If it is found that that is not true,
he would not vote to approve the bonds. He demanded that the staff
monitor the project and keep him informed. He felt the downtown
center will be in the best interest of the entire City.
Councilman Miller stated, as stated by several Councilr~en,
he is also bullish on Bakersfield and downtown. He wished he
could vote for this project, but as stated by Mr. Donahue there
are unanswered questions. For that reason he cannot support this
particular proposal. However, it should be stressed that the
Council set forth in the next few weeks a safety valve, somewhere
along the line, so the Council can be assured the expenditures
are monitored and the City knows where it is going. It is impera-
tive that the Council keep close tabs with regards to the expendi-
tures made on this project.
Bakersfield, California, December 5, 1979 - Page 24
489
Councilman Payne stated he does not believe that this
Council can sit here and make a decision based upon a choice
between two hypothetical projects, downtown redevelopment and
the eastside shopping center. The choice here tonight ismclear.
The Council has to decide whether or not the downtown shopping
center or redevelopment project stands on its own merits, just
as the decision will have to be made on the other shopping center
one month from tonight. He stated he also believes in the free
enterprise system and it is a matter of clear-cut economics that
one of the centers will survive and the other one will.not. That
is not the Council's decision to make. He also conducted a surw~y
from anyone who wanted to address the subject, the only stipulation
being that only "yes" and "no" votes would be accepted. 499 "no"
votes and 657 "yes" votes were received. Every question he had
about the downtown redevelopment has been adequately answered
either tonight or during the past two weeks. This Council has
to be a little farsighted before casting votes tonight. The
long-term effects and results of this project ~eed to be kept in
mind. He honestly believes the contract and project the Council
is being asked to enter into tonight has sufficient safeguards
to protect the City and constituents and he fully intends to
support it.
Councilman Ratty stated this is a hard decision for
everyone. The intent is clear and the Council is trying to make
the best judgment for the community. Bakersfield has a rare
opportunity at this time which not many cities get, to correct
an error that was made some 15 years ago. If this downtown
center does not go, these department stores will be in peripheral
centers and this town, like San Diego, will be without a major
retail department store. In other words, it will be a downtown
without a major draw. It is not a viable center now and it will
become worse and that has to be taken into account. He stated
49O
Bakersfield, California,
December 5, 1979 - Page 25
he does not understand all the talk about subsidy, because he
has not seen that subsidy identified; maybe to a minor degree
but nothing of a substantial nature. As far as low income housing
is concerned, a resolution will be passed later on regarding
supplying low and moderate income housing. Most of the concerns
expressed tonight were about relocation and compensation. They
were not necessarily against the center as against the dislocation
and compensation they would receive for their property. Council--
man Ratty then read a letter from Mr. Joe Henley, 2000 "H" StreetS,
who went through the relocation process, to show what happened
to his business and the compensation he received.
Mayor Hart declared a brief recess in order to change
the tape on the recording equipment.
Councilman Ratty stated he feels this is a free enter-
prise effort. The developer is paying for these things. It is
coming from monies generated by the center. Location and number
of shopping centers is not normally a factor in determining the
City's future. Whether or not the central core of the community
is downtown, the retail, financial and government heart are
alive or dead makes a vital difference in the life of the City.
The difference a£fects almost everybody. The cost of government,
transportation, crime, unemployment opportunities and property
values. This will be one City if we have a prosperous vital
community core and another entirely different City if the com-
munity center is allowed to die. Disapproval or postponement of
a downtown center will seriously affect existing business and
some will be forced to close. Councilman Ratty then reviewed
some of the things that will happen if the downtown center is
approved. There is not any question of what will happen if
this very vital project is not approved for the City.
Bakersfield, California, December 5, 1979 - Page 26
491
Councilman Barton stated he has been in Bakersfield
for 37 years and has seen a decline in the downtown area and
the type of business moving in that does not lend itself to a
viable downtown. This is a tool the Council can use to improve
the downtown area. He stated he will support these motions that
will start the process for the downtown regional center. For
the people in the area affected, he will take a hard look and
be an ongoing participant i~ seeing that they are given all of
the courtesies and conditions they deserve and warrant, not
only by law, but those that are brought about by the new actions
taken tonight. He stated he will personally watch, hopefully,
every one of the transactions that take place in the area that
will affect someone relocating to be sure they come out of this
with a fair shake.
After a lengthy discussion, upon a motion by Council-
man Barton, Resolution No. 90-79 of the City Council of the
City of Bakersfield adopting the Final Subsequent Environmental
Impact Report for the Downtown Bakersfield Redevelopment Project,
and making certain findings with respect to the Environmental
Impact of said Project, was adopted by the following roll call
vote:
Ayes: Councilmen Means, Payne, Ratty, Barton
Noes: Councilmen Miller, Strong, Christensen
Absent: None
Adoption of Resolution No. 91-79 of
the City Council of the City of
Bakersfield making certain findings
that provision of Low- and Moderate-
Income Housing outside the Project
Area as amended by the Third Amend-
ment, will be of benefit to the
Project as amended.
Upon a motion by Councilman Means, Resolution No. 91-79
of the City Council of the City of Bakersfield making certain
findings that provision of Low- and Moderate-Income Housing
outside the Project Area as amended by the Third Amendment,
492
Bakersfield, California, December 5, 1979
- Page 27
will be of benefit to the Project as amended, was adopted by
the following roll call vote:
Payne, Ratty, Strong, Barton, Christensen
Councilmen Means,
Councilman Miller
None
Ayes:
Noes:
Absent:
First reading of an Ordinance of the
City Council of the City of Bakers-
field approving and adopting the
Third Amendment to the Amended
Redevelopment Plan for the Downtown
Bakersfield Redevelopment Project.
First reading was considered given an Ordinance of the
City Council of the City of Bakersfield approving and adopting
the Third Amendment to the Amended Redevelopment Plan for the
Downtown Bakersfield Redevelopment Project.
Adoption of Resolution No. 92-79 of
the City Council making environmental
findings necessary for the Proposed
Joint Development Agreement, as changed,
between the Bakersfield Redevelopment
Agency and Bakersfield Associates for
the sale and development of real property
located in the Downtown Bakersfield
Redevelopment Project.
Upon a motion by Councilman Barton, Resolution No. 92-7'9
of the City Council making environmental findings necessary for
the Proposed Joint Development Agreement, as changed, between the
Bakersfield Redevelopment Agency and Bakersfield Associates for
the sale and development of real property located in the Downtown
Bakersfield Redevelopment Project, was adopted by the following
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Barton
Noes: Councilmen Miller, Strong, Christensen
Absent: None
Bakersfield, California, December 5, 1979 - Page 28
493
Adoption of Resolution No. 93-79 of
the City Council approving a change
in the Joint'Development Agreement
between the Agency and Bakersfield
Associates; making certain findings
with respect to the consideration
to be received by the Bakersfield
Redevelopment Agency pursuant to said
Agreement, as changed; approving the
sale, lease, and sublease of real
property; consenting to the provisions
for certain public improvements; and
approving the Joint Development
Agreement, as changed.
Upon a motion by Councilman Means, Resolution No. 93-79
of the City Council approving a change in the Joint Development
Agreement between the Agency and Bakersfield Associates; making
certain findings with respect to the consideration to be received
by the Bakersfield Redevelopment Agency pursuant to said Agreement,
as changed; approving the sale, lease and sublease of real property;
consenting to the provisions for certain public improvements; and
approving the Joint Development Agreement, as changed, was adopted
by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Barton
Noes: Councilmen Miller, Strong, Christensen
Upon a motion by Councilman Barton, all documents
involved in the Joint Public Hearing between the City Council
Agency were received and ordered placed on
and Redevelopment
file.
ADJOURNMENT
Upon a motion by Agency Member Foth, seconded by Agency
Member Puder, the Joint Public Hearing before the Council of the
City of Bakersfield and the Bakersfield Redevelopment Agency on
the Proposed Third Amendment to the Amended Redevelopment Plan
for the Downtown Bakersfield Redevelopment Project and the Joint
Development Agreement between the Bakersfield Redevelopment Agency
and Bakersfield Associates, was adjourned at 10:30 P.M.
494
Bakersfield, California, December 5, 1979 - Page 29
Upon a motion by Councilman Barton, Joint Public
Hearing before the Council of the City of Bakersfield and the
Bakersfield Redevelopment Agency on the Proposed Third Amendment
to the Amended Redevelopment Plan for the Downtown Bakersfield
Redevelopment Project and the Joint Development Agreement between
the Bakersfield Redevelopment Agency and Bakersfield Associates
was adjourned at 10:30 P.M.
MA~OJ~61~t~e~City of Bakersfield,
Calif.
ATTEST:
CITY C~RK and E~o Clerk of the Council
of the City o£ Bakersfield, California
ma
Bakersfield, California, December 5, 1979
495
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., December 5, 1979.
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,
Strong, Barton, Christensen
Absent: None
RECESS
Upon a motion by Councilman Means, the Council Meeting
was recessed at 8:01 P.M., to continue with the Joint Public
Hearing between the City Council and Bakersfield Redevelopment
Agency on the Proposed Third Amendment to the Amended Redevelop-
ment Plan for the Downtown Bakersfield Redevelopment Project and
the Joint Development Agreement between the Bakersfield Redevelop-
ment Agency and Bakersfield Associates. The Council Meeting was
reconvened at 10:30 P.M.
APPROVAL OF MINUTES
Minutes of the regular meeting of November 28, 1979
were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
the Bakersfield Californian, dated November 26, 1979, requesting
to be placed on record as requesting 24 hours notice of any special
meeting the City of Bakersfield might schedule, was received and
ordered placed on file.
Upon a motion by Councilman Barton, communication from
Wayland Oakes, President of the Board of Directors of Plaza Bobby
Sox Softball League, dated November 26, 1979, submitting an
application for the river front property just northwest of the
City Corporation Yard to develop into four softball diamonds,
picnic/park area, paved parking, restrooms, etc., was received
and referred to the Water Board.
496
Bakersfield, California, December 5,
1979 - Page 2
Upon a motion by Councilman Payne,
Henley's Photos, Inc.,
Downtown Redevelopment
on file.
communication from
dated November 30, 1979, regarding the
Project, was received and ordered placed
Upon a motion by Councilman Ratty, communication from
Kern Mosquito Abatement District, dated December 3, 1979, notifying
the Council that the term of George H. Barnett, Sr., as a member
of the Board of Trustees of the Kern Mosquito Abatement District
will expire December 31, 1979, was received and ordered placed on
file.
COUNCIL STATEMENTS
Upon a motion by Councilman Payne, communications he
received from Pam Mossman, dated November 28, 1979, regarding
her sister's death in a car accident at the intersection of Stock-
dale Highway and Quailwood Drive and urging the installation of
traffic signals; and Peter C. Carton, Schools Legal Service, dated
November 30, 1979, regarding dangerous intersection of Ming Avenue
and Westholme Boulevard, were received, ordered placed on file and
referred to staff for appropriate action.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2756 to 2864,
inclusive, in the amount of $108,079.67.
(b)
Claim for Damages from Ira Leppek, 3537
Country Club Drive, Bakersfield. (Refer
to City Attorney)
(¢)
Street Dedication from Regional Mortgage
Company providing for the south 9.50 feet
of Teal Street, located east of Hughes
Lane, north of White Lane, as required by
the Planning Commission for Parcel Map No.
5487.
(d) Notices of Completion and Acceptance of
Work for:
Corporation Yard Facility, Unit "E",
Parking Canopy, Contract No. 79-89 with
Colombo Construction Co., Inc. The
contract was completed on November 16,
1979. The contract completion date was
October 10, 1979. The Public Works
Department recommends a 37 calendar day
extension due to delay in delivery of
materials.
Bakersfield,
California,
December 5,
1979 - Page 3
497
Pavement Improvements on portions of White
Lane, Akers Road and Fairfax Road, Con-
tract No. 79-142 with Griffith Company.
Resurfacing and Improving portions of
California Avenue between Stockdale High-
way and Oak Street, Contract No. 79-159
with Granite Construction Company.
(e)
Improvement Agreement for Parcel Map No.
5496 with Thomas David Queen for con-
struction of improvements required by
the Planning Commission, located north
of State Route 178 and east of Morning
Drive extension.
(f)
Improvement Agreement for Parcel Map No.
5567 with Mackey-Koenig Development Co.
for construction of improvements required
by the Planning Commission, located south
of the intersection of Columbus Street
and Oswell Street.
(g)
Application for Encroachment Permit from
James F. Rowland, 3048 Panama Lane, for
construction of a masonry and wrought
iron fence behind back of sidewalk area
at 3048 Panama Lane.
(h)
Application for Encroachment Permit from
Christopher J. Goon, 1300 Sandra Drive,
for construction of a 4 foot high chain
link fence at back of sidewalk area at
1300 Sandra Drive.
(i)
Petition containing 56 signatures
requesting annexation of area located
north and south of Highway 178 at Comanche
Drive, containing approximately 240 acres
of land. (Refer to Planning Commission
for study and recommendation)
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 Barton, bid o£ Kern County
Equipment Company for Diesel Motor Grader, was accepted.
498
Bakersfield, California, December 5, 1979 - Page 4
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 501,
515 and 525 - 34th Street; and 500
and 518 - 33rd Street.
The application for this amendment was made by Sunil R.
Lahiri,
(Light Manufacturing) Zone and an R-3
Dwelling) Zone to a C-O-D (Commercial
Architectural Design) Zone.
M.D., and would change subject properties from an M-1
(Limited Multiple Family
and Professional Office
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of those certain properties in
the City of Bakersfield commonly known as 501, 515 and 525 - 34th
Street; and 500 and 518 - 33rd Street.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property located on the northeast
corner of Oswell Street and Bernard
Street, approving the Preliminary
Development Plan, and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by K.Y.W.,
A General Partnership, and would change subject property from an
R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial
Devleopment) Zone.
First reading was considered given an Ordinance of.the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property located on the northeast corner of Oswell
Street and Bernard Street, approving the Preliminary Development
Plan, and making findings in connection with P.C.D. Zone.
Bakersfield, Cali£ornia, December 5, 1979 - Page 5
499
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding property known as Stock-
dale No. ll Annexation.
This ordinance would zone upon annexation that certain
property in the County of Kern located on the north side of Stock-
dale Highway, easterly of the Kern County Fire Station and westerly
of Los Portales, to an R-1
Zone.
First reading was
(One Family Dwelling), or more restrictive
considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding property known as Stockdale No. ll Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.52.060 (d) of
the Municipal Code relative to Non-
conforming Uses.
This ordinance permits a nonconforming use to continue
under certain circumstances upon issuance of a Conditional Use
Permit.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.52.060 (d)
of the Municipal Code relative to Nonconforming Uses.
Reception of Certificate of Election
from Kern County Clerk of all Votes
Cast for City of Bakersfie]d's Special
Annexation Election, Measure "A", at
the Consolidated General District
Election held November 6, 1979.
Upon a motion by Councilman Barton, Certificate of
Election from Kern County Clerk of all Votes Cast for City of
Bakersfield's Special Annexation Election, Measure "A", at the
Consolidated General District Election held November 6, 1979,
was received and ordered placed on file.
500
Bakersfield,
California,
December 5,
1979 - Page 6
The results o£ the election were as follows:
Total number of registered voters in all precincts:
271
MEASURE "A"
Shall the order adopted on May 2, 1979,
by the Council of the City of Bakersfield
ordering the annexation to said City of
the territory described in said order and
designated as City of Bakersfield Annexa-
tion No. 273 (Union Avenue No. 9) be
confirmed?
YES
NO
TOTAL VOTES CAST
26
74
100
Adoption of Resolution No. 94-79 de-
claring result of Special Municipal
Election regarding Union Avenue No.
9 Annexation and recording unfavor-
able vote.
Upon a motion by Councilman Barton, Resolution No. 94-79
declaring result of Special Municipal Election regarding Union
Avenue No. 9 Annexation and recording unfavorable vote, was adopted
by the following roll call vote:
Ayes:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
ADJOURNmeNT
There being no further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at 10:40 P.M.
MAYO sfield,
Calif.
ATTEST:
CITY ~RK~and E~o Clerk of the
of the City of Bak~rsfield, California
ma
Council
Bakersfield, California, December 12, 1979
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., December 12, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge o£ Allegiance and a minute of silent prayer.
Present:
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Miller, Payne, Ratty, Strong,
Barton, Christensen, Means
Absent: None
Minutes of the regular meeting of December 5, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Anne Monroe, 3991 Marella Way, asked several
questions about the Redevelopment Agency, Downtown Redevelopment
Project and City expenditures.
City Manager Bergen, City Attorney Hoagland and Director
of Public Works Hawley answered most of Mrs. Monroe's questions.
City Manager Bergen stated that Director of Fire and
Development Services Needham would be available at most anytime
to go over the inquiries about the Downtown Redevelopment Project.
Mr. Craig Holland, 6505 Quailwood Drive, representing
the Fruitvale School District and 2400 people who signed a petition
fourteen months ago, requested information about the installation
of the traffic signals at the intersection of Stockdale Highway
and E1 Rio Drive, because they have been given several different
dates for completion of this project.
Director o£ Public Works Hawley outlined the process that
was followed regarding the traffic signals for the intersection of
Stockdale Highway and E1 Rio Drive:
1. December 6, 1978 - Report to the Council
indicating the intersection met the warrants
and should be placed on the priority list
for budget consideration.
Bakersfield,
California,
December 12, 1979 - Page 2
2. February 21, 1979 - Public Works Department
presented a request for a transfer of funds
to provide engineering for the design of
four signals, including the one at Stock-
dale Highway and E1 Rio Drive.
3. February 21, 1979 - Council entered into
an agreement with a consultant to design
the signals by October l, 1979.
4. June 13, 1979 - One additional signal and
an interconnect system was added. The
project will cost approximately $360,000.
5.November 21, 1979 - Final plans were
received from the consultant.
6. Few days later the City started advertising
for bids and they will be opened December
18, 1979.
Assuming the Council awards the contract on December 19,
1979, it will take an estimated six months before the signals are
completed. The controlling factor will be the delivery time for
the controllers and standards for the signals. Based on this the
estimated completion date is around July, 1980.
Ms. Ruth Gelman, resident of Stockdale area, stated now
is the time for advanced planning for a traffic light at the
intersection of Gosford Road and Stockdale Highway.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from the City of Bakersfield's Police Department Civil Service
Commission, dated December 5, 1979, responding to the Council's
request of October 17, 1979, regarding a letter from Harold E.
Chapin to Councilman Christensen dated October 16, 1979, was
received and ordered placed on file.
Upon a motion by Councilman Miller, communication from
the State Department of Transportation, dated December 4, 1979,
announcing promotion of a Caltrans Highway Art Program, was
received and ordered placed on file.
Upon a motion by Councilman Barton, petition from the
Bethany Lutheran Bible Study Group, 400 Day Avenue, Oildale,
requesting Council action to stop pornography, was received and
ordered placed on file.
3
Bakersfield, California, December 12, 1979 - Page 3
Upon a motion by Councilman Payne, communication from
the State Department of Transportation, dated December 7, 1979,
informing the Council that the relinquishment of State Highway
right-of-way on Route 204 (Brundage Lane), between Oak Street and
Union Avenue, was recorded November 30, 1979, was received and
ordered placed on file.
COUNCIL STATEMENTS
Councilman Barton stated he would like comments, as
soon as possible, from each Councilman regarding the ordinance he
intends to present at the next Council Meeting relative to the
sale and display of narcotic and drug paraphernalia to minors. A
copy of this ordinance has been furnished to each Councilman.
Councilman Ratty stated he has received a letter from
Harvey L. Hall resigning from the Charter Review and Advisory
Commission and he will make another appointment in the near future.
Councilman Ratty requested that the Director of Public
Works recheck the traffic speed at Stockdale Highway and E1 Rio
Drive.
Councilman Means stated that due to the inadequacies of
the ordinance prohibiting drinking of alcoholic beverages on the
streets in Bakersfield, he would request that the Council and
members of the Business Development and Parking Committee consider
reducing the violation from a misdemeanor to an infraction and add
a section on possession o£ an open container.
After discussion, upon a motion by Councilman Barton,
the City Attorney was directed to draft an Emergency Ordinance,
for consideration at next week's Council Meeting, amending the
ordinance prohibiting drinking of alcoholic beverages on the
streets in Bakersfield, reducing the violation ~rom a misdemeanor
to an infraction and adding a section on possession of an open
4
Bakersfield, California, December 12, 1979 - Page 4
container. This motion carried by the following roll call vote:
Ayes:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
REPORTS
Councilman Christensen, member of the Governmental
Efficiency and Personnel Committee, read Report No. 16-79 regarding
Reclassification of Engineer II to Engineer III and Purchasing-
Cash Management Officer to Accountant II, as follows:
The Governmental Efficiency and Personnel
Committee recently met regarding the reclassi-
fication of two positions, one in the Public
Works Department, the other in the City
Finance Department.
Public Works Director, Dale Hawley, has be-
come concerned about salaries for the City's
Engineering positions in comparison to Kern
County and the private sector. According to
the attached memorandum from Mr. Hawley,
effective February, 1980 the City's salaries
will lag behind Kern County from 7% for
Engineer IV's to 44% for Construction
Inspectors. There is an even greater difference
between what the City is paying and the private
sector for similarly qualified engineers.
With these salary differences Mr. Hawley is
faced with the possibility of an increased
turnover. In an attempt to offset this
problem, he has requested the reclassification
of an Engineer II to Engineer III and has
recommended salary increases of 7½% to 25%
for the Engineering positions within his
department. The Governmental Efficiency and
Personnel Committee is sympathetic towards
this problem, however, we are recommending
only the reclassification at this time and
will make further studies on the salary adjust-
ments between now and June of 1980 when salary
negotiations will hopefully be completed.
The other reclassification is in the Finance
Department. Assistant City Manager, Phil
Kelmar, has requested that a position of
Purchasing-Cash Management Officer be down
graded to an Accountant position. This
purchasing position has been vacant for the
past year and it was the staff's intention not
to fill it until such time that needs for the
department were assessed. Mr. Kelmar feels
that due to the increased workload involving
grant accounting, the self-insurance programs
for liability and workers' compensation and
the City's enterprise accounting system that
Bakersfield, California, December 12, 1979 - Page 5
an Accountant II could better fill his depart-
ment's needs. This would result in an approxi-
mate $3,000 a year savings in salaries, however,
during the first year, equipment such as a desk
and calculator will cost approximately $1,800.
The Governmental Efficiency and Personnel
Committee is in agreement with both of these
reclassifications and is therefore recommending
City Council approval for the reclassification
of one Engineer II to Engineer III and one
Purchasing-Cash Management Officer to Accountant
II. There are monies enough in both department
budgets to offset any additional costs the
remainder of this fiscal year.
Upon a motion by Councilman Christensen, Governmental
Efficiency and Personnel Committee Report No. 16-79 regarding
Reclassification of Engineer II to Engineer III and Purchasing-
Cash Management Officer to Accountant II, was accepted; and re-
classification of one Engineer II to Engineer III in the Public
Works Department and one Purchasing-Cash Management Officer to
Accountant II in the Finance Department, were approved.
Councilman Strong, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 17-79 regardinc:
CETA, as follows:
Attached to this report is a letter from Tim
Christensen, Kern County CETA Program Director,
regarding the City of Bakersfield's application
for CETA Public Service Employment positions.
As noted in this letter the City's original
proposal was for 159 participants at a total
cost of $1,794,891. Due to current funds
available and the CETA sta££'s concern regarding
such a large program, a recommendation was made
to the City that a smaller program should be
initiated. Discussions were held between the
City's staff and the CETA staff which resulted
in a recommendation to fund 20 positions. The
CETA Director was also concerned with our
Charter requirement restricting participants
to six months employment. As a possible
solution to this, CETA's original plans called
for the City to use an outstation such as the
North Bakersfield Parks and Recreation District
to furnish employees to the City. The County
Counsel's office however gave an opinion that
this is not possible, therefore, the City has
no other alternative but to contract directly
with the County.
The Governmental Efficiency and Personnel
Committee is therefore recon~nending that the
Bakersfield, California, December 12, 1979 - Page 6
City enter into this contract in January, 1980
for 20 CETA employees which would be hired for
a six month basis with the expectation that
the City will initiate action to revise the
City Charter to allow longer training assign-
ments. Participants would then be able to
work for an 18 month period as required by
Federal law. This recommendation should be
approved tonight and submitted to the Charter
Review Committee to be acted on in the June
1980 ballot. We are also recommending a
transfer of $123,000 to re-establish temporary
positions in the Police, Auditorium-Recreation
and Public Works Departments. These temporary
positions are necessary in that the departments
original requests for CETA employees have been
reduced considerably. Temporary salary
accounts should be revised as follows:
Police $ 18,000
Public Works $100,000
Auditorium-Recreation $ 5,000
Upon a motion by Councilman Strong, Governmental
Efficiency and Personnel Committee Report No. 17-79 regarding CETA,
was accepted; and recommendations as outlined in the report, were
approved. Councilman Christensen abstained from voting on this
motion.
Councilman Payne, member of the Governmental Efficiency
and Personnel Committee, read Report No. 18-79 regarding New
Position of Police Lab Technician, as follows:
The Governmental Efficiency and Personnel
Committee has met recently with the staff re-
garding an additional Lab Technician for the
Police Department.
This position is being requested now due to
the increased workload caused primarily by the
development of new, and more complicated
methods of scientific examinations of crime
scene evidence and more use of these types of
evidence by both prosecuting and defense
attorneys.
The number of lab personnel has not been in-
creased commensurate with the growth of the
Police Department in recent years. During
the past year the Police Department has had
to use a detective to work in the lab which
has left the department short in other areas.
At the present time standby pay and overtime
is extremely high in the lab due to the lack
of personnel. This new classification will
be filled with a Sworn Safety Officer.
The Governmental Efficiency and Personnel
Committee is convinced that this position
Bakersfield, California, December 12, 1979 - Page 7
is needed and is recommending a budget transfer
of $12,000 from the Council Contingency fund
to pay for this position for the remainder of
fiscal year 1979-80. The total annual cost is
approximately $22,000.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 18-79 regarding New Position of
Police Lab Technician, was accepted; one new position of Police
Lab Technician for the Police Department, was approved; and Budget
Transfer from the Council Contingency Fund to appropriate Police
Department account, in the amount of $12,000, to pay for this
position for the remainder of fiscal year 1979-80, was approved.
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 12-79 regarding City Parking
Leases, as follows:
On October 24, 1979, the Council referred
communication from David W. Thomley, Receiver
for the Bank of America Building (Attachment
No. 1), dated October 16, 1979, to this Com-
mittee for study and recommendation.
As you know, various parking lots are being
modified to increase parking meter fees. In
addition, physical modifications will take
place to increase the number of parking spaces
on various lots. The lot in question at
Truxtun and "Eye" Streets, for example, will
undergo a parking meter rate change so as to
accept the following rates:
1 Hr. $ .10
2 Hrs. $ .20
10 Hrs. $1.00
In addition, 13 additional parking spaces will
be added to the existing 87 spaces for a new
total of 100 parking spaces.
Due to the past action of the Council to in-
crease parking lot meter fees, this Committee
reaffirms its past suggestion that a fee of
$25 per month for an assigned parking space is
a fair and reasonable price, in light of a
$21 per month fee collected from the new
parking meters.
Attachments Nos. 2 and 3 are letters forwarded
to additional lessees (Banducci Enterprises
and Bakersfield Professional Building Associa-
tion) stating the same conditions--that assigned
and leased parking spaces in City-owned parking
lots will be $25 per month, effective January
l, 1980.
Bakersfield, California, December 12, 1979 - Page 8
Therefore, this Committee recommends that the
Council authorize the Attorney's office to
prepare three new leases and forward to the
existing lessees for execution, stating that
the new rate of $25 per month will start on
January l, 1980; and further authorize the
Mayor to execute the Leases for the City.
Councilman Ratty suggested that the Business Development
and Parking Committee look at the leases of Banducci Enterprises
and Bayfield Ltd., as being of a temporary nature, not a permanent
one, on these public lots and either establish in-lieu parking
fees or allow the parking slots to be used by the public.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 12-79 regarding City Parking
Leases, was accepted; and the City Attorney was authorized to
prepare three new leases and forward to the existing lessees for
execution, stating that the new rate of $25.00 per month will start
on January l, 1980 and the Mayor was authorized to execute the
leases.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2865 to 2943,
inclusive, in the amount of $929,313.06.
(b)
Claim for Damages from Ray Catulli, c/o
Wilzig and Parker, Attorneys at Law, 8484
Wilshire Boulevard, Beverly Hills, Cali-
fornia. (Refer to City Attorney)
(c)
Claim for Personal Injuries and Damages
from Adam Neal Bratcher, 127 Hopkins,
Apt. C, Oildale, California. (Refer to
City Attorney)
(d)
Street Right-of-Way Deed from the County
of Kern for construction of a full width
street on Adanac Court.
(e)
Improvement Agreement for Parcel Map No.
5530 with Tenneco Realty Development
Corporation for construction of improve-
ments required by the Planning Commission,
located west of California Avenue at
Mohawk Street.
(f)
Notice of Completion and Acceptance of
Work on resurfacing portions of "T" Street,
8th Street and Owens Street, Contract No.
79-178 with Granite Construction Company.
Bakersfield,
California, December 12, 1979 - Page 9
(g)
Application for Encroachment Permit from
Tosco Corporation, 2201 Fruitvale South,
for construction of underground pipeline
crossings across Stockdale Highway, Buena
Vista Road, Kern River Canal and James
Canal.
(h)
Application for Encroachment Permit from
Bernard & Sons, Inc., 4011 Jewett Avenue,
for construction of a 6 foot high chain
link fence with wooden slats along 40th
Street at northwest corner of 40th Street
and Jewett Avenue.
(i)
Plans and Specifications for Modification
of two Parking Lots at 20th Street between
"L" and "M" Streets and Truxtun Avenue
between "H" and Eye Streets.
(J)
Plans and Specifications for Storm Drain
and resurfacing on portions of Inyo Street,
Flower Street and Brown Street.
(k)
Specifications for furnishing and applying
Slurry Seal on Parking Lots and Service
Roads at six City Parks.
(i)
Cooperative Agreement with the County of
Kern for reimbursement to the County for
City's portion of the construction of
Bernard Street between Alta Vista Drive
and Haley Street and River Boulevard
between Bernard Street and Panorama Drive.
Upon
(d), (e), (f),
Calendar, were adopted by the following roll call
Ayes: Councilmen Miller, Ratty, Strong, Barton,
Means
a motion by Councilman Miller, Items (a), (b),
(g), (h), (i), (j), (k) and (1) of the Consent
vote:
Christensen,
(c),
Noes: None
Absent: Councilman Payne
Councilman Strong commended Director of Public Works
Hawley and the entire staff for the expeditious way they have
spent Community Development funds and the fine job they have done
on Item (f) of the Consent Calendar and other areas of the City
where curb, gutter and streets have been repaired.
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
Three-Way Chevrolet for 1/2 Ton Pickup Trucks for the Public Works
and Fire Departments, was accepted and the other bid rejected.
Bakersfield, California, December 12, 1979 - Page
Upon a motion by Councilman Miller, low bid of Granite
Construction for pavement improvements on La Costa Street between
Auburn Street and 1300 feet north, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Miller, low bid of Granite
Construction for resurfacing portions of Valhalla Drive and
Columbus Street, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, all bids £or con-
struction of a 21-inch Sewer in District Boulevard at Ashe Road,
were rejected and the project was referred to staff for evaluation.
Upon a motion by Councilman Strong, low bid of Granite
Construction for construction of Curb and Gutter on various streets
in the Lowell Addition, was accepted, the other bid rejected and
the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2535 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield commonly
known as 501, 515 and 525 - 34th
Street: and 500 and 518 - 33rd Street.
The application for this amendment was made by Sunil R.
Lahiri, M.D., and would change subject properties from an M-1
(Light Manufacturing) and an R-3 (Limited Multiple Family Dwelling)
Zones to a C-O-D (Commercial and Professional Office - Architectural
Design) Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2535 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
commonly known as 501, 515 and 525 - 34th Street: and 500 and 518
33rd Street, finding said zoning consistent with the General
Bakersfield, California, December 12, 1979 - Page
11
Plan, were adopted by the following roll call vote:
Ayes:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Ordinance No. 2536 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property located on the north-
east corner of Oswell Street and
Bernard Street, approving the Pre-
liminary Development Plan, and making
findings in connection with P.C.D.
Zone.
The application for this amendment was made by K.Y.W.,
a General Partnership, and would change subject property from an
R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial
Development) Zone.
Upon a motion by Councilman Miller, Negative Declaration
and Ordinance No. 2536 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property located
on the northeast corner of Oswell Street and Bernard Street,
approving the Preliminary Development Plan, and making findings
in connection with P.C.D. Zone, finding said zoning consistent
with the General Plan, were adopted by the following roll call
vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Ordinance No. 2537 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Chapter 17.12 (Zoning Map) of the
Municipal Code of the City of Bakers-
field, regarding property known as
Stockdale No. ll Annexation.
This ordinance zones upon annexation that certain properl;y
in the County of Kern located on the north side of Stockdale
Bakersfield,
California,
December 12,
1979 - Page 12
Highway, easterly of the Kern County Fire Station and westerly of
Los Portales, to an R-1 (One Family Dwelling) Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2537 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the City of Bakersfield, regarding
property known as Stockdale No. ll Annexation, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Ordinance No. 2538 New
Series of the Council of the City of
Bakersfield amending Section 17.52.060
(d) of the Municipal Code relative to
Nonconforming Uses.
Upon a motion by Councilman Payne, Ordinance No. 2538
New Series of the Council of the City of Bakersfield amending
Section 17.52.060 (d) of the Municipal Code relative to Non-
conforming Uses, was adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Ordinance No. 2539 New
Series of the City Council of the
City of Bakersfield approving and
adopting the Third Amendment to the
Amended Redevelopment Plan for the
Downtown Bakersfield Redevelopment
Project.
Upon a motion by Councilman Ratty, Ordinance No. 2539
New Series of the City Council of the City of Bakersfield approving
and adopting the Third Amendment to the Amended Redevelopment Plan
for the Downtown Bakersfield Redevelopment Project, was adopted
Bakersfield, California, December 12,
1979 - Page 13
13
by the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen
Means
Noes: None
Absent: None
Abstaining: Councilman Miller
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the west side
of Akers Road, approximately 210 feet
north of White Lane.
The application for this amendment was made by Sing Lum
and would change subject properties from an R-1 (One Family
Dwelling) Zone to a P (Automobile Parking) and a C-1 (Limited
Commercial), 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 on the west side of Akers Road, approxi-
mately 210 feet north of White Lane.
Approval of Agreements between the
City and BPW Engineers and between
the City and E1 Camino Plaza, Ltd.,
Developer, providing the terms and
conditions relative to a proposal by
property owners in the vicinity of
Rosedale Highway, Freeway 99 and the
Hilton Inn to form a Public Improve-
ment District for a standard City
street and traffic signal system.
These agreements provide the terms and conditions
relative to a proposal by property owners in the vicinity of
Rosedale Highway, Freeway 99 and the Hilton Inn to form a Public
Improvement District. The major emphasis of the district is to
replace the private access road to the Hilton Inn with a standard
City street and installation of a traffic signal system.
Bakersfield, California,
December 12,
1979 - Page 14
The two agreements will provide the engineering and
necessary funding to form the district. They also guarantee that
funds will be provided for the payment of these services and that
the City will have no direct cost liability.
The benefits to the City in this project are better
coordinated land use, increased circulation, higher type street
and better ingress and egress. Also, the installation of a signal
system at this stage would eliminate the possibility of the City
funding such an improvement at a later date.
Upon a motion by Councilman Ratty, Agreements between
the City and BPW Engineers and between the City and E1 Camino
Plaza, Ltd., Developer, providing the terms and conditions relative
to a proposal by property owners in the vicinity of Rosedale Highway,
Freeway 99 and the Hilton Inn to form a Public Improvement Distriot
for a standard City street and traffic signal system, were approw~d
and the Mayor was authorized to execute same.
Approval of Agreement between the
City and Biggar, Frapwell, Ghezzi,
Cartnal, Inc., providing the terms
and conditions for design of a
storage building at the Corporation
Yard.
Upon a motion by Councilman Ratty,
City and Biggat, Frapwell, Ghezzi, Cartnal,
Agreement between the
Inc., providing the
terms and conditions for design of a storage building at the
Corporation Yard, was approved and the Mayor was authorized to
execute same.
Approval of Physically Handicapped
Program for the 1979-80 Community
Development Block Grant Program and
Community Development staff authorized
to administer program.
In the 1979-80 Community Development Block Grant
application, $70,000 has been designated for architectural
barrier removal and other handicapped activities. With the
assistance of the California Association of the Physically Handi-
capped, staff has developed this year's program. The 1979-80
Bakersfield, California, December 12, 1979 - Page
program includes:
1. Removal of architectural barriers in the
streets around the San Joaquin Hospital
-- $50,000.
2. Accessibility of public facilities --
$5,000.
3. Home Accessibility Grant Program for
Physically Handicapped -- $15,000.
Linda Wyatt, representing California Association of the
Physically Handicapped, stated this is not necessarily for wheel-
chair bound persons, it is also for persons who have mobility
problems in their homes.
Upon a motion by Councilman Strong, Physically Handi-
capped Program for the 1979-80 Community Development Block Grant
Program, was approved and the Community Development staff was
authorized to administer the program.
HEARINGS
This is the time set for public hearing before the Council
on a Proposed Negative Declaration for an extension of the Gosford
(Coffee) Road-Truxtun Avenue project northward from the intersectic, n
of Gosford Road and Truxtun Avenue across the Kern River to the
City Limit Line for a total length of approximately 860 feet.
This hearing has been duly advertised.
A two-lane reinforced concrete bridge, approximately
380 feet long, will be constructed across the Kern River. It will
be 49 feet wide with a 13-£oot clearance above the river bed.
Mayor Hart declared the hearing open for public partici-
pation.
Ms. Ruth Gelman, 6633 Kane Way, suggested that certain
mitigating measures be taken.
Mr. Chuck Tolfree, Tenneco Realty Development Corporation,
commented regarding Ms. Gelman's statements.
No further 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.
Bakersfield, California, December 12,
1979 - Page 16
Upon a motion by Councilman Payne, Resolution No. 95-79
of the Council of the City of Bakersfield approving Negative
Declaration for project consisting of extension of Gosford (Coffee)
Road, Truxtun Avenue northward from intersection of Gosford and
Truxtun Avenue across the Kern River, was adopted by the following
roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
This is the time set for public hearing before the
Council on an Appeal by Carver Development to the decision of the
Planning Commission denying their application for an Architectural
Design on a proposed four-story office building in a C-O-D
(Commercial and Professional Office - Architectural Design) Zone,
affecting that certain property commonly known as 5201 California
Avenue.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Letter was received from Mrs. Ann Brown urging approval
of the project.
The Planning Commission denied the request for a Design
Overlay at their meeting of November 7, 1979.
pation.
Mayor Hart declared the hearing open for public partici-
Mr. Benjamin D. Phipps, member of the Planning Commission,
stated he voted against this project because
ordinance. The ordinance, as he understands
allows four-stories and a height of 45 feet.
it is 50% over the
it, in a C-O Zone,
This particular
project is four-stories and 68 feet high. Mr. Phipps stated his
quarrel is with the ordinance, not with the height and he has no
objection to the project. The remedy would be to change the
ordinance.
Bakersfield, California, December 12, 1979 - Page
Mr. James H. Carstensen, representing Carver Development,
stated he was present to answer questions of the Council.
City Attorney Hoagland stated, for clarification, the
ordinance does have a height limitation, however, those are all
subject to modification. The developer for this particular building
applied to the Board of Zoning Adjustment for a height modificatioa
and it was granted.
No further 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.
Councilman Ratty made a motion that application of Carver
Development for an Architectural Design on a proposed four-sto~y
office building in a C-O-D (Commercial and Professional Office -
Architectural Design) Zone, affecting that certain property
commonly known as 5201 California Avenue, be granted.
Councilman Means requested that the developer plant
extra trees on the southwest side of the building, large enough
to shade that section of the building during the summer.
Mr. Carstensen stated that request would be beneficial
to both the City and developer and they would be pleased to plant
a sufficient number of trees to accomplish that task.
Councilman Ratty's motion granting application of Carver
Development for an Architectural Design on a proposed four-story
office building in a C-O-D (Commercial and Professional Office -
Architectural Design) Zone, affecting that certain property commonly
known as 5201 California Avenue, was approved by the following roll
call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Miller, Payne, Ratty, Strong, Barton, Means
None
None
Councilman Christensen
Councilman Christensen made a motion that the matter of
removing the 45 foot height limitation from the Zoning Ordinance
Bakersfield,
California,
December 12,
1979 - Page 18
be referred to the Planning Commission.
Councilman Payne suggested that action on Councilman
Christensen's motion be deferred until a Workshop can be held with
the Planning Commission, preferably as soon as possible after the
holidays. This Workshop is critical because there are several new
members on the Council and Planning Commission, and information and
knowledge by both bodies should be exchanged.
Councilman Christensen stated he accepts those suggestions
and withdrew his motion.
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.
A~I~ y rsfield,
Calif.
ATTEST:
CITY~ERK and~cio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, December 19, 1979
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., December 19, 1979.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Absent: Mayor Hart
Minutes of the joint public hearing of December 5, 1979,
and regular meeting of December 12, 1979, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Upon a motion by Councilman Strong, Report No. 10-79
from the Budget Review and Finance Committee regarding Agreement
with Greater Bakersfield Community Development Corporation (CDC),
was deferred until the Council Meeting of January 9, 1980.
Mr. Art Powell, President of the Bakersfield Branch of
the N.A.A.C.P., asked several questions about the program with
the Greater Bakersfield Community Development Corporation and
requested answers prior to the time the Council takes action. Mr.
Powell also stated that in order to be aware of what is going on
and how it will affect the community as a whole they would l~ke
to be a part of the planning process of these types of programs.
Councilman Ratty requested that Mr. Powell submit his
questions in writing, to the staff, prior to the January 9, 1980,
Council Meeting so they can be answered at that time.
Mr. Joseph L. Coley, Publisher of the Bakersfield News
Observer, stated he also has a few questions regarding this program,
and he would submit them to the staff, in writing, so they can be
answered at the Council Meeting of January 9, 1980.
CORRESPONDENCE
City
Upon a motion by Councilman Payne, communication from
of Bakersfield, Department of Public Works, to Dr. Bill L.
Bakersfield, California, December 19, 1979 - Page 2
Williams, District Superintendent of Panama Union School District,
dated November 21, 1979, responding to Panama Union School District
Resolution No. 30 and cover letter from Chester W. Troudy requesting
stop signs or traffic signals at the intersection of Westholme
Boulevard and Ming Avenue, was received and ordered placed on
file.
Upon a motion by Councilman Ratty, communication from
City of Bakersfield, Department of Public Works, to Ms. Pam Mossman,
2228 South Real Road, #38, dated December 14, 1979, responding to
her inquiry regarding the traffic signals for the intersection of
Stockdale Highway and E1 Rio Drive, was received and ordered placed
on file.
Upon a motion by Councilman Strong, communication from
Joseph Schwarzman, President of Chapter #21 of the Retired Public
Employees' Association of California, 1908½ Carrere Street, dated
December 7, 1979, requesting a 3% cost-of-living adjustment in
retirement benefits for retired employees of the City o£ Bakers-
field, was received and referred to the Governmental Efficiency
and Personnel Committee for study and recommendation.
COUNCIL STATEMENTS
Councilman Payne read a memorandum from the Director of
Public Works to the Chief of Police, dated December 18, 1979,
regarding School Crossing on White Lane at Akers Road, as follows:
Sandrini Elementary School will open for classes
January 7, 1980. Approximately 40 students
will cross White Lane to and from school. Due
to observed vehicular speeds (85th percentile
of 52.3 MPH) and the intersection configuration,
a study was made to determine if traffic control
or other appropriate action will be needed.
In accordance with "A Program for School Cross-
ing Protection," an ITE recommended practice
publication, and the Caltrans Traffic Manual,
data was accumulated during the times students
will be expected to cross White Lane at Akers
going to and from school. Vehicular traffic
volumes and gaps and estimated student pedes-
trian traffic indicate an adult school crossing
guard will be warranted. It should be noted
that there are few gaps in vehicular traffic
Bakersfield,
California,
December 19, 1979 - Page 3
large enough for pedestrians to cross the
street. If motorists do not stop, students
will have to wait 3 to 4 minutes average to
cross the street.
We contacted school officials to try to solve
the problem by bussing without success.
It is recommended that an adult school crossing
guard be provided at the intersection when
classes start January 7, 1980.
Upon a motion by Councilman Payne, Adult Crossing Guard
for the intersection of White Lane and Akers Road, was approved;
and Budget Transfer from Council Contingency Account No. ~1-512-6100
to Police Operations Account No. 11-625-4500, in the amount of
$3,350.00, to provide funds for the Crossing Guard, was approved.
Upon a motion by Councilman Strong, Councilman Payne was
appointed to act as lia~on between the Council and Planning Com-
mission.
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 6-79 regarding Auditorium
Fees, as follows:
At the City Council meeting of November 28,
the matter of increasing certain fees at the
Civic Auditorium, in particular, catering fees,
was referred back to this Committee for further
study. In addition, three other points were
raised by Councilmen for further investigation
(1) effect on subsidization of Civic Auditorium
by increasing catering percentage from 6% to
10% (2) evaluate catering fee revenue today
versus five years ago and (3) explore possi-
bility of adjusting other Civic Auditorium
user charges rather than increasing catering
fee percentage.
The Committee has met with Mr. Mossman to again
consider this subject. After discussion, it
is still the recommendation of this Committee
catering fees be increased, however, the
effective date would now be February l, 1980.
The last change occurred in 1962 and Auditorium
operating costs have increased substantially
since that time. We do not feel this increase
will affect the usage of the Civic Auditorium.
If this increase should have an influence, we
certainly would consider modifying it. In
addition, any future events on which caterers
have quoted prices and deposits are received
Bakersfield, California, December 19, 1979 - Page 4
by the Auditorium by February 1, 1980, will
fall under the old rate structure.
In response to the matters raised by the other
Councilmen, the Committee offers the following:
(1) The present subsidization of the Civic
Auditorium is presently 50% and the increased
catering fees would have a minor effect on
changing this percentage, however, from the
standpoint of prudent management it enables
the Auditorium to somewhat keep up with
increasing costs.
(2) The following is a summary of catering
fee revenue over the last five fiscal years:
NO. OF
REVENUE EVENTS
1974-75 $6,640 35
1975-76 8,220 36
1976-77 11,275 40
1977-78 8,250 32
1978-79 10,750 42
Increased food prices by the caterers affects
the City's revenue, but revenue is more affected
by the type of meal served and obviously the
number of people attending.
(3) The two major sources of revenue for the
Auditorium, approximately 75%, are rental fees
and concession revenues; the rental fees were
increased in 1977 and the concession fees in
1976; in addition, the concessionaire has
recently requested an increase in prices which
will be coming to the Council in the near
future for their action.
The Committee therefore recommends the Council
take the following actions:
(1
Acceptance of this report.
Rescind Resolution 85-79 regarding Com-
mercial Rental Rate for the Civic Auditorium
which contained an effective date of
January l, 1980.
(3
Adopt the attached resolution regarding
Commercial Rental Rates for the Civic
Auditorium which contains an effective
date of February l, 1980.
(4)
Adopt Ordinance of the City Council of
the City of Bakersfield amending Section
5.32.200 (e) of the Municipal Code
relative to the use of Auditorium Kitchen
Facilities.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 6-79 regarding Auditorium Fees,
was accepted.
Bakersfield, California, December 19, 1979 - Page 5
Repeal of Resolution No. 85-79 of
the Council of the City of Bakers-
field amending Resolution No. 37-77
respecting commercial rental rates
for the Civic Auditorium.
Upon a motion by Councilman Christensen, Resolution No.
85-79 of the Council of the City of Bakersfield amending Resolution
No. 37-77 respecting commercial rental rates for the Civic Auditorium,
was repealed by the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
Adoption of Resolution No. 96-79 of
the Council of the City of Bakers-
field amending Resolution No. 37-77
respecting commercial rental rates
for the Civic Auditorium.
Upon a motion by Councilman Christensen, Resolution No.
96-79 of the Council of the City of Bakersfield amending Resolution
No. 37-77 respecting commercial rental rates for the Civic Auditorium,
was adopted by the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
Adoption of Ordinance No. 2540 New
Series of the Council of the City of
Bakersfield amending Section 5.32.200
(e) of the Municipal Code relative to
the use of the Auditorium Kitchen
Facilities.
Upon a motion by Councilman Christensen, Ordinance No.
2540 New Series of the Council of the City of Bakersfield amending
Section 5.32.200 (e) of the Municipal Code relative to the use of
the Auditorium Kitchen Facilities, was adopted by the following
roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
Bakersfield, California, December 19, 1979 - Page 6
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 8-79 regarding California
Housing Finance Agency (CHFA) Loan Program--Locality Set-Aside
Funds, as follows:
At the November 28th City Council meeting, the
Budget Review and Finance Committee presented
a report on the loan program underway in the
City of Bakersfield. That report informed the
Council that $4,000,000 has been allocated to
this area, of which $2,300,000 in loan authority
was divided by CHFA among five participating
lenders. The balance of $1,700,000, which was
reserved in a set-aside fund for the City to
direct towards high priority loans, is the
subject of this report.
Four types of loans currently at 9% interest
can be made under this program--home mortgages,
new construction (1-4 units), rehabilitation
with refinancing and regular home improvement
loans. Certain limitations apply to these
loans in terms of how many and where they can
be made. Briefly, they are:
At least 20% of all loans made under the
program must be £or properties ~ocated in
the designated Concentrated Rehabilitation
Area (CRA) shown on the attached map.
Additionally, rehabilitation loans may be
made only in the CRA.
Home purchase loans for owner-occupants
cannot total more than 20% of the City's
overall loan authority, in this case
$800,000. Mortgage and new construction
loans are available city-wide.
With regard to the City's $1,700,000 in set-
aside funds, this committee is recommending
the following priorities should be established
for the usage of these funds.
30% or $510,000 be earmarked for home
mortgages by owner-occupants. This would
provide between 8 and 12 loans.
20% or $340,000 be allocated to both types
of rehabilitation loans. To facilitate
this portion of the program, a contract
should be made with Security Pacific
National Bank to allow some of these funds
to be used with the City's existing FHA
Title I low interest rehab loan program.
50% or $850,000 be directed towards new
construction, both single family and
multiples (up to 4 units). Individual
projects would be screened by the Community
Development staff prior to being submitted
to a participating lender.
Bakersfield, California, December 19, 1979 - Page 7
Due to pending Federal legislation, CHFA has
placed a moratorium on the use of these funds,
except FHA Title I rehabilitation loans. How-
ever, it is anticipated this freeze will end
soon.
Therefore, it is recommended that: (1) The pro-
posed use of the City's set-aside funds be
approved; and (2) Execution of the contract
with Security Pacific National Bank be
authorized for the FHA Title I rehabilitation
loans.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 8-79 regarding California Housing
Finance Agency (CHFA) Loan Program--Locality Set-Aside Funds,
was accepted; proposed use of the City's set-aside funds, was
approved; and contract with Security Pacific National Bank for
the FHA Title I Rehabilitation Loans, was approved and the Mayor
was authorized to execute same.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 9-79 regarding City-Wide Radio
Communications and Planning, as follows:
Presently radio communications installation
and maintenance for all City departments,
excepting Water, is carried out by two radio
technicians under the Police Department's
management and budget process.
Determination of radio communication needs and
equipment is done by each individual department
and coordinated through the Police Department
for the necessary information and work to be
accomplished.
The two radio technicians are well qualified
for their work, but do not have the time nor
total expertise to continue operating under
present and future demands. Their work also
includes other responsibilities which further
encumbers their time and capabilities.
It has been determined by Police, Fire and
Public Works staff that due to lack of suffi-
cient radio coverage in the City, improvements
must be made to the present radio system.
After budgeting monies to accomplish this task,
it became apparent that City staff did not
possess the expertise to make the proper deter-
minations to totally solve the problem without
creating others.
The method by which the City makes radio equip-
ment determinations and budgeting, needs careful
26
Bakersfield, California, December 19, 1979 - Page 8
analysis which should be done by experienced
people in this field.
Essentially, the Budget Review and Finance
Committee finds that professional services are
needed from an outside source to help determine
a composite system through which these problems
can be solved and future planning needs can be
identified.
Staff is presently investigating whether there
are Federal or other funds available to assist
the financing o£ such a study.
There are also funds available that were
originally budgeted for radio communications
improvement but, as a result of a joint
decision by the Police Chief, Director of Fire
and Development Services and Director of Public
Works, they were held up due to the reason
discussed in this report.
This report is for the Council's information
only, and recommendations for action will be
forthcoming when availability of outside
sources of funding is determined.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 9-79 regarding City-Wide Radio Com-
munications and Planning, was accepted.
Public Works Director Hawley read a report regarding
Access to City Parks by Physically Handicapped, as follows:
During the November 14, 1979 Council Meeting,
the staff was requested to investigate and
report back to the Council on the accessi-
bility of City Parks to the physically handi-
capped.
Our investigation revealed that all of our
parks constructed prior to 1970 require modi-
fications to make them accessible for wheel-
chairs. Most o£ the parks require changes in
the restrooms and some require additional
sidewalk and curb ramps where the disabled
person must get from the parking lot to the
restroom.
The 1979-80 Community Development Block Grant
application includes $5,000 to improve the
accessibility of 5 parks: Central, Jastro,
Jefferson, Lowell and Beach. These modifi-
cations have been reviewed with representatives
of the California Association of the Physically
Handicapped and the Community Access Network
and they concur with the proposal. However,
they do recommend additional changes in the
other City parks as soon as funds are made
available.
Director of Fire & Development Services Needham reported
recently the Council entered into a Joint Powers Agreement with
five other cities in the State and the State Department of Energy
for the purpose of determining energy conservation, solar energy,
Bakersfield, California, December 19, 1979 - Page 9
etc. This agreement has not yet been totally consummated through
the Department of Energy and the process has not been finalized.
The State has submitted an agreement to give the City $200.00 for
expenditures during the period of time it takes to finalize the
Joint Powers Agreement with all entities. The staff is requesting
that the Council approve the agreement with the State Energy
Resources Conservation and Development Commission for $200.00 for
expenditure purposes.
Upon a motion by Councilman Means, Agreement with the
State Energy Resources Conservation and Development Commission
giving the City $200.00 for expenditure purposes, was approved
and the City Manager was authorized to execute.
Councilman Strong read a letter from the Bakersfield
Fire Supervisory Association, 3904 Celine Court, dated December
13, 1979, as follows:
Vernon D. Strong, Chairman
Governmental Efficiency and
Personnel Committee
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Strong:
In answer to your letter of December 4, 1979
concerning the Bakersfield Fire Supervisory
Association I offer the following in£ormation.
I hope it will clear up any misconceptions that
the members of the G.E.P. Committee or Mr.
Russell might have concerning our group.
In answer to issue one concerning the Super-
visory Associations business address and
Association Presidents address. The correct
address for both should be: 3904 Celine Court,
Bakersfield, CA., 93309.
In answer to issue two concerning our affiliation
with the C.S.F.A. (Calif. State Firemans Assn) I
offer the following: The Bakersfield Fire
Supervisory Association has entered into an
affiliation with the C.S.F.A. however as the
petition states the Bakersfield Fire Super-
visory Association is the representing group.
Our affiliation with the C.S.F.A. provides us
with legal assistance, expertise in the field
of formal negotiations and other benefits con-
cerning our membership. We have authorized
Mr. Gerald B. Matthews, C.S.F.A., Administrative
Assistant as well as myself, Henry Pacheco,
Bakersfield, California, December 19, 1979 - Page 10
Association President as designated Spokesme. n.
The Bakersfield Fire Supervisory Association
is the group representative and as such retains
all rights.
I trust this letter will clear up any loose
ends regarding our petition for recognition
and your formal recognition will be afforded
us as soon as possible.
If you have any questions regarding this matter
please contact either myself or Mr. Matthews
at 834-1243 locally or in Sacramento at Area
Code (916) 441-4153.
Sincerely,
Henry Pacheco
President, Bakersfield
Fire Supervisory Assn.
Upon a motion by Councilman Strong, letter from the
Bakersfield Fire Supervisory Association, was received, ordered
placed on file and the staff was instructed to draft an appropriate
response, to their request for recognition, for approval by the
Governmental Efficiency and Personnel Committee.
Director of Fire & Development Services Needham stated
that an annual report is required by the State for the previous
year's activities by the Redevelopment Agency and proposed
activities for the coming year. Yesterday the report was approved
by the Redevelopment Agency and staff is requesting acceptance by
the Council and authorization to transmit to the State Department
of Housing and Community Development.
Upon a motion by Councilman Means, Annual Report on the
Redevelopment Agency, was accepted and the staff was authorized to
the State Department of Housing and Community
transmit it to
Development.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2944 to 3146,
inclusive, in the amount of $359,765.06.
Bakersfield, California, December 19, 1979 - Page ll
29
(b)
(c)
(d)
Street Dedications, Sewer and Water Ease-
ments from Tenneco Realty Development
Corporation providing for widening of
California Avenue, dedication of Mohawk
Street east of California Avenue, Business
Park North and East Commercenter and
Sewer and Water lines as required for
Parcel Map No. 5530, located east of
California Avenue, north of Business
Center Drive.
Grant Deed from W.H.O. Development pro-
viding for a drainage sump for Tract No.
4060, located east of Wible Road, north
of Panama Lane.
Grant Deed from Karl T. & Barbara O.
Stahl and Wattenbarger Enterprises pro-
viding for drainage sump as required for
Tract No. 3859 "A", located north of
College Avenue, west of Flintridge Drive.
(e) Notices of Completion and Acceptance of
Work on:
(f)
(g)
(h)
(i)
(J)
(k)
(1) Tract No. 4007, Contract No. 79-60
with Community Construction, Inc., located
at Pacheco Raod, westerly of Union Avenue.
(2) Parcel Map No. 5122, Contract No.
79-03 with Tenneco Realty Development
Corporation, located at Grissom Street
and Aldrin Court.
(3) Tract No. 3933 (A), Contract No.
78-102 with Sunrise Unlimited, located
at Panorama Drive and Rancho Sierra Street.
Map of Tract No. 3894 "B" and Improvement
Agreement with Tejon Valley Development
Company for construction of improvements
therein, located west of Stine Road, north
of Harris Road.
Plans and Specifications for construction
of A.C. Pavement on University Avenue
between Camden Street and La Costa Street.
Plans and Specifications for construction
of Water Department Office Addition and
Storage Building at the Corporation Yard.
Plans and Specifications for construction
of Curb and Gutter at various locations.
Plans and Specifications for construction
of a new Fire Station on Westwold Drive,
east of Gosford Road and south of Ming
Avenue.
Plans and Specifications for a t8" Drain
Line Pipe for Pumping Plant No. 9 on
Quailwood Drive.
Bakersfield, California, December 19,
1979 - Page 12
(1) Budget Transfer from Economic Development
Administration Account for Storm Drains
No. 39-192-9400, in the amount of $25,146.99,
and Major Street Improvement Gas Tax Fund
No. 33-293-9500, in the amount of $968.02,
into the Economic Development Administration
Street Construction Fund Account No.
39-293-9500, in the amount of $26,115.01,
for construction of Curb, Gutter and Paving
in the Kern Division.
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 Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Payne, bid of Kern County
Equipment Company for Three-Wheel Vehicle, was accepted.
Upon a motion by Councilman Ratty, low bid of Galland
Electric for construction of Traffic Signal Systems on Stockdale
Highway and California Avenue, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
In response to a question by Councilman Ratty, Director
of Public Works Hawley stated he has talked to Galland Electric
and they have indicated the equipment would be ordered immediately
and they will give high priority to the intersection of Stockdale
Highway and E1 Rio Drive.
Upon a motion by Councilman Miller, low bid of Granite
Construction Company for construction of a Storm Drain in College
Avenue, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Christensen, bid of C. L.
Sterner Company for furnishing and applying Slurry Seal on Parking
Lots and Service Drives in various City parks, was rejected and
the Finance Operations Manager was authorized to readvertise the
project.
Bakers£ield, California, December 19, 1979 - Page 13
Upon a motion by Councilman Miller, bids of Moore
Recreation, in the amount of $4,799.68, Quality Industries, in the
amount of $348.74, and Miracle Recreation, in the amount of $901.00,
for Playround Equipment, were accepted and all other bids rejected.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 5.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price for portable radios with Motorola Communications.
Upon a motion by Councilman Payne, low bid of James G.
Francis for construction o~ Asphalt Concrete Pavement on Laurel-
glen Boulevard and other locations, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption o~ Ordinance No. 2541 New
Series amending Title Seventeen of
the Municipal Code of the City o£
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the west side of Akers Road,
approximately 210 feet north of
White Lane.
The application for this amendment was made by Sing Lum
and would change subject properties from an R-1 (One Family Dwelling)
Zone to a P (Automobile Parking) and a C-1 (Limited Commercial)
Zones.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2541 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
located on the west side of Akers Road, approximately 210 feet
north of White Lane, finding said zonings consistent with the
General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Payne,
Means,
Noes: None
Absent: None
Ratty, Strong, Barton,
Miller
Christensen,
3'2
Bakersfield, California, December 19, 1979 - Page 14
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 o~
Bakersfield located on the north
side of Planz Road, approximately
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-~,
(Commercial - Architectural Design) Zone to an R-2-D (Limited
Multiple Family Dwelling - Architectural Design) Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the north side of Planz Road,
approximately 600 feet west of South Chester Avenue.
Adoption of Emergency Ordinance No.
2542 New Series of the Council of
the City of Bakersfield adding
Chapter 10.70 to the Municipal Code
prohibiting drinking of Alcoholic
Beverages on the streets in Bakers-
field or carrying open containers of
Alcoholic Beverages, and repealing
Ordinance No. 2532 New Series.
Upon a motion by Councilman Payne, Emergency Ordinance
No. 2542 New Series of the Council of the City of Bakersfield
adding Chapter 10.70 to the Municipal Code prohibiting drinking
of Alcoholic Beverages on the streets in Bakersfield or carrying
open containers of Alcoholic Beverages, and repealing Ordinance
No. 2532, New Series, with the inclusion of a severability clause,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Payne, Ratty, Barton, Means,
Councilman Strong
None
Councilman Christensen
Miller
Bakersfield, California, December 19, 1979 - Page 15
33
Approval of Contract with R. Dixon
Speas providing consulting work to
complete Airpark Master Plan Study
for the Bakersfield Airpark.
This contract, in the amount of $36,000, provides for
the consulting work to complete the Airpark Master Plan Study for
the Bakersfield Airpark. Its purpose will be to develop a de-
tailed set of airport plans which illustrate proposed improvements,
perform a comprehensive financial evaluation to determine conditions
for achieving airport self-sufficiency and to conduct an overview
environmental analysis. The Federal Aviation Administration will
fund $29,012 of the cost. The County of Kern, Board of Supervisors
approved funding one-half of the local share at their meeting of
December 18, 1979.
Upon a motion by Councilman Ratty, Contract with R.
Dixon Speas providing consulting work to complete Airpark Master
Plan Study for the Bakersfield Airpark, was approved and the Mayor'
was authorized to execute same.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at 9:05 P.M.
~ ~ Bakersfield, Calif.
~--~-M~YOR'~the~City of
ATTEST:
CITY a o Clerk of the Council
of the City of Bakersfield, California
ma
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 of 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 from
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