HomeMy WebLinkAboutJULY - SEPT 1980Bakersfield,
California, July 2, 1980
319
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., July 2, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Barton (seated at 8:07 P.M.),
Christensen, Means, Miller, Payne, Ratty
Absent: Councilman Strong
Minutes of the budget sessions of June 16 and 17, 1980
and regular meeting of June 18, 1980, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Rich O'Neil, 6600 Desmond Court, representing the
Committee for the Kern River Bike Path, thanked the Council and
staff for all the work and energy put into the Kern River Bike
Path. Mr. O'Neil also presented a petition containing approxi-
mately 1,500 signatures supporting the completion of the Kern
River Bike Path from Cal State Bakersfield to Bakersfield College.
Mr. Robin Ablin, 4260 Country Club Drive, representing
a Kern County Bicycle Club, requested that the Council adopt the
resolution, later in the agenda, authorizing the filing of an
application with Kern COG for funds for the Kern River Bike Path.
Mr. Ablin thanked the Council for their cooperation in this matter
and reminded them that funds will be needed in the future for
maintenance and completion of this bike path.
Mr. Roger Gadiano presented a petition containing approxi-
mately 368 signatures of people working in the area of 22nd and
Eye Streets requesting that the City Council rescind the order to
parking meters in the Municipal Parking Lot at that inter-
install
section.
Upon a motion by Councilman Miller, petition from people
working in the area of 22nd and Eye Streets objecting to the
installation of parking meters in the parking lot at that inter-
section, was received and referred to the Business Development and
Parking Committee for study and recommendation.
Bakersfield, California, July 2, 1980 - Page 2
Mrs. Isabell Maldonado, 1812 Julian Avenue, presented
a petition containing approximately 48 signatures of persons
working in the downtown area regarding shortage of parking spaces
for employees. Mrs. Maldonado outlined some of the problems
encountered by persons working in the downtown area when trying
to find a parking space.
Councilman Barton made a motion that the employee
parking situation in the downtown area be referred to the Business
Development and Parking Committee and staff for study and recom-
mendation. After considerable discussion this motion was unanimously
approved.
CORRESPONDENCE
Upon a motion by Councilman Miller, communication from
the Board of Charity Appeals and Solicitations, dated June 5, 1980,
recommending that the Board be dissolved and the functions placed
in the City Manager's Office, was received, ordered placed on file
and the City Attorney was requested to draft the necessary ordinance
to dissolve the Board.
Upon a motion by Councilman Ratty, communication from
Roland S. Woodruff, Attorney for the Greater Bakersfield Separation
of Grade District, dated June 23, 1980, regarding funding for
crossing of Southern Pacific Tracks at Union Avenue and 24th
Street, was received and referred to staff for study and recommenda-
tion.
Upon a motion by Councilman Means, communication from
Kern County Economic Opportunity Corporation, dated June 24, 1980,
regarding the role KCEOC's Rural Nutrition Access Project played
in assisting the Kern Farmers Market Association with preparations
for opening of the Bakersfield Certified Farmers Market, was
received, ordered placed on file and the Mayor was requested to
write a letter to Mr. Reyes Zaragoza commending him for his work
on this project.
Bakersfield, California, July 2, 1980 - Page 3
Upon a motion by Councilman Miller, communication £rom
George W. Nickel, Jr., dated June 16, 1980, requesting an amend-
ment to the General Plan for property located south of Highway 178
approximately 1 mile east of the intersection of Alfred Harrell
Highway and Highway 178, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Ratty, communication from
Park Stockdale Civic Association, Inc., dated June 25, 1980,
supporting the completion of the Kern River Bike Path from Cal
State Bakersfield north to Bakersfield College, was received and
ordered placed on file.
Upon a motion by Councilman Payne, communication from
John Manor, Hair West, dated June 26, 1980, requesting an amend-
ment to the General Plan for commercial use of property located
at 4417 Wilson Road, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Mrs. Roger Glendening, 2425 Truxtun Avenue, dated July 1,
1980, expressing opposition to expending taxpayers funds on a
Senior Citizens Center, was received and ordered placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Miller, Marion E. Malamma,
1905 Oscar Avenue, was reappointed to the Business Tax Appeals
Board, term expiring July l, 1983.
Councilman Miller stated that in the future, if an
Emergency Meeting of the Redevelopment Agency is called, he would
hope that notices are given to the Council and public before the
meeting commences.
Director of Fire & Development Services Needham apologized
and stated in the future written notices would be followed up with
telephone calls.
Bakersfield, California, July 2, 1980 - Page 4
REPORTS
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, read Report No. 4-80 regarding S.P.C.A.
Annual Contract, as follows:
Attached to this report is a request from the
S.P.C.A. and their proposed budget for Fiscal
Year 1980-81. As the Council will recall, the
City and the S.P.C.A. entered into an agree-
ment in January, 1979, however, due to serious
financial problems which the S.P.C.A. en-
countered during the first year of this agree-
ment, it was amended in January, 1980.
At that time the City increased its annual
payment from $55,000 to a more realistic figure
of $110,000. During the past six months they
have been operating under this amended agree-
ment and it appears that they will be able to
provide the necessary animal control services
to the City at the annual $110,000 funding
level.
The Intergovernmental Relations Committee has
reviewed their proposed budget and the staff
has audited their books on a monthly basis to
assure the City that this service is being
administered efficiently. Based on our findings,
we are recommending City Council approval of
the attached agreement with the S.P.C.A. for
Fiscal Year 1980-81.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 4-80 regarding S.P.C.A. Annual
Contract, was accepted; and Agreement with the S.P.C.A. for Fiscal
Year 1980-81, was approved and the Mayor was authorized to execute
same.
Director of Fire & Development Services Needham read a
memorandum from the Planning Commission, dated June 18, 1980,
regarding Bakersfield Airpark Land Use Study, as follows:
This is a reply to your request of April 2,
1980, to amend the Land Use Element of the
Bakersfield Metropolitan Area General Plan to
depict Industrial and/or Commercial designation
for an area within 2,000 feet of the Bakers-
field Airpark property.
The Planning Commission held a public hearing
on the proposed Land Use Amendment, June 18,
1980, at which time there was no one present
who spoke for or against the proposed Land Use
Amendment. The staff, Commission General Plan
Committee, and the Planning Commission have
323
Bakersfield,
Cali£ornia,
July 2, 1980 ~ Page 5
reviewed said request in relation to existing
land use, existing zoning and airpark noise
contours and recommend the following:
1)
Amendment to the Land Use Element to
Industrial and/or Commercial within City
boundary should be limited to a 57 acre
~ undeveloped parcel located at the North-
west corner of Watts Drive and Madison
Street, and a 46 acre ~ undeveloped parcel
located at the Southwest corner of Madison
Street and Planz Road.
2)
Amendment to the Land Use Element to
Industrial and/or commercial within County
Unincorporated area should be limited to
approximately 80 acres + North of White
Lane on the airport approach zone and
approximately 75 acres + along West side
of Union Avenue to be c~nsistent with
existing County zoning and Industrial land
uses.
3)
That an Environmental Impact Report be
prepared on proposed Land Use Amendment
as outlined above.
4)
That City Council direct Planning Commission
to proceed with necessary legal steps to
amend the Land Use Element as outlined
above and report back to City Council upon
completion.
Upon a motion by Councilman Ratty, memorandum from the
Planning Commission, dated June 18, 1980, regarding Bakersfield
Airpark Land Use Study, was accepted; and the Planning Commission
was directed to proceed with the necessary legal steps to amend
the Land Use Element as outlined in the memorandum and report back
to the Council upon completion.
Principal Planner Kennon reported on the Mortgage Revenue
Bonds, as follows:
It is felt the problems of the central core
area are many and varied and have an impact
throughout the entire City as well as that
area. Basically, the area for this activity
is bounded by the northern City Boundary,
Freeway 99, Brundage Lane and Washington
Street. This basically comprises about 50%
of the housing stock within the City. Approxi-
mately 90% of the 7,500 units, which are in a
deteriorating condition, are within this area.
Only 5% of the housing construction within the
City has occurred in this area.
The concept of Residential Mortgage Revenue
Bonds is simply one mechanism that has been
identified as being useful in revitalizing
Bakersfield, California, July 2, 1980 - Page 6
this sector. It is felt this is a significant
and worthwhile tool and has been used by a
number of cities throughout the country.
Basically, it is inoffensive in terms of
interfering with our normal economic system.
It simply provides the Redevelopment Agency
with a very large amount of capital and en-
ables them to spend it in a designated area
at below market interest rates, which is
valuable to the low and moderate income groups.
Mr. Kennen then outlined the steps that the Redevelopment
Agency and Council will have to take for the distribution of these
funds.
During a lengthy discussion, Director of Fire & Develop-
ment Services Needham stated the action taken by the Redevelopment
Agency does not allow them to sell the bonds, it merely sets the
machinery in motion.
Director of Fire & Development Services Needham announced
that the next Workshop Session between the Council and Planning
Commission will be held Tuesday, July 15, 1980, at 7:00 P.M., in
the Venus Room of the Civic Auditorium. Staff would like to request
that the proposed Housing Element be discussed at this session so
it can be implemented as soon as possible.
Director of Fire & Development Services Needham reported
that the appraisal work is essentially finished on the Downtown
Shopping Center properties. Staff has been in contact with Mr. Cal
Hollis, Redevelopment Agency's Financial Consultant, regarding the
appraisal work as it relates to the total financial picture. Mr.
Hollis will be in Bakersfield, very soon, to work with staff on this
matter. A Workshop Session between the Council and Redevelopment
Agency should be scheduled, as soon as possible, to discuss the
Shopping Center Budget, potential UDAG grant and potential bond
issue. The entire staff and consultants will be present at this
meeting. Staff will request the Mayor to call the meeting as soon
as all the information is put together and the consultants are
ready.
Bakersfield,
California,
325
July 2, 1980 - Page 7
Finance Operations Manager Higginbotham reported that at
the meeting two weeks ago the Council requested that the staff
review the legalities and procedures for paying bills during the
summer schedule and report back. The alternatives presented two
weeks ago were discussed with the City Attorney and they have been
highlighted in a memorandum, dated June 30, 1980, regarding
Accounts Payable for Summer Schedule.
Upon a motion by Councilman Ratty, invoices will be
processed and paid routinely; and all invoices and backup material
will be made available for inspection by the Voucher Approval
Committee prior to the next scheduled City Council Meeting with the
appropriate voucher register furnished in the Council packets.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6716 to 6924,
inclusive, in the amount of $1,311,820.96.
(b)
Claim for Damages from Pat Mittan, 2620
Rex Avenue, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Alfonso Rocco
Manente, 2649 Kentucky Street, Bakersfield.
(Refer to City Attorney)
(d) Claim for Damages from Union Oil Company
of California. (Refer to City Attorney)
(e)
Claim for Damages from Vancil McElworth,
1822 June Avenue, Bakersfield. (Refer to
City Attorney)
(f)
Street Right-of-Way Deed from Covington
Brothers Technologies providing additional
right-of-way on south side of Pacheco Road
east of South "H" Street, as required for
Tract No. 4004.
(g)
Public Utilities Easements from Hale and
Lowell L. Costerisan as required by the
Planning Commission for Parcel Map No.
5733, located north of District Boulevard,
east of Stine Road.
(h)
Map of Tract No. 3792, Units C & D, and
Improvement Agreement with Coleman T.
Proctor for construction of improvements
therein, located south of Pacheco Road,
west of Akers Road.
326
Bakersfield, California, July 2, 1980 - Page 8
(i)
(J)
(k)
(1)
(m)
(n)
(o)
Maps of Tract Nos. 4004, Units A, B, C
and D, and Improvement Agreements with
Covington Brothers Technologies for
construction of improvements therein,
located south of Pacheco Road, east of
South "H" Street.
Map of Tract No. 4251 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located east of Gosford
Road, north of Stockdale Highway.
Map of Tract No. 4275 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located west of Barrington
Street, south of North Half Moon Drive.
Notices of Completion and Acceptance of
Work for:
Asphalt Concrete Pavement on Laurelglen
Boulevard and other locations, Contract
No. 79-195 with James G. Frances. Con-
tract completion date was May 18, 1980,
and Public Works Department recommends
an eleven day extension due to problems
encountered with unstable subgrade on
this project.
Tract No. 4140, Contract No. 80-12 with
Tenneco Realty Development Corporation,
located at North Half Moon Drive and
Pullman Way.
Christmas Tree Lane resurfacing, Mt.
Vernon Avenue to Wenatchee Avenue and
Geneva Avenue reconstruction, Contract
No. 80-71 with Granite Construction Co.
Notice of Completion and Acceptance of
Work on modification of Truxtun Avenue
Parking Lot between "H" Street and Eye
Street and 20th Street Parking Lot between
"L" and "M" Streets, Contract No. 80-09
with Jim Alfter.
Application for Encroachment Permit from
San Dimas Medical Group, Inc., 3737 San
Dimas Street, Suite 101, for construction
of a 3 foot 6 inch high raised planter
extending to back of sidewalk at 3737 San
Dimas Street.
Application for Encroachment Permit from
Roberta Rambaud, 3001 Sunset Avenue, to
allow an existing structure to encroach
i foot into the right-of-way on Elm Street,
at northeast corner of Elm Street and
Sunset Avenue.
Bakersfield, California, July 2, 1980 - Page 9
827
(P)
Application for Encroachment Permit from
Nash Brown Associates, 641 "H" Street, for
construction of masonry walls extending
into the right-of-way for lighting and
mail box at 6509 Ridgeway Court.
(q)
Application for Encroachment Permit from
Robert G. Maldonado, 3022 Berger Street,
for construction of a 4 foot chain link
fence along side yard extending to back
of sidewalk area at 3022 Berger Street.
(r)
Application for Encroachment Permit from
Willene L. Burusco, 190 Oleander Avenue,
for construction of a 6 foot wood fence
5½ feet from curb face along 2nd Street at
southeast corner of Oleander Avenue and
2nd Street.
(s)
Application for Encroachment Permit from
James Alford, 3709 Linda Cara Way, for
construction of a 3 foot high concrete
block fence extending to back of sidewalk
along each side of property at 3709 Linda
Cara Way.
(t)
Plans and Specifications for fencing at
various locations along the Pacheco Green-
belt.
(u)
Request from Golden Valley, Inc., for
Extension of Time to complete improve-
ments in Tract No. 3933, Units A & B.
Completion date for this tract was
February 23, 1980, and the Public Works
Department recommends an eight-month
extension. The revised completion date
is October 23, 1980.
(v)
Contract Change Order No. 2 to Contract
No. 80-48 with Granite Construction
Company for the Truxtun Avenue Extension -
Phase II, FAU Project No. M-F 252(1).
This Change Order is necessary to provide
future water service by the City of
Bakersfield along the Truxtun Avenue
Extension area. Funds are available from
Account No. 69-180-2910. This Change
Order will increase the contract cost
$1,897.64.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u) and (v) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
828
Bakersfield, California, July 2, 1980 - Page 10
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
Kern Electric Distributors for Street Lighting Globes, was accepted
and all other bids rejected.
Upon a motion by Councilman Barton, low bid of Griffin
Fabricators for Metal Control Weirs, was accepted and all other
bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2564 New
Series of the Council of the City of
Bakersfield amending Section 7.52.190
of the Municipal Code relative to
Rates Charges by Taxicabs.
Councilman Payne made a motion to adopt the Ordinance
amending Section 7.52.190 relative to Rates Charged by Taxicabs.
Councilman Means, speaking against the motion, stated
he contacted two cab drivers who stated this ordinance will not
help them because they will still have to give a large percentage
to the cab company. If the City relinquishes some of their control
it will not help them make additional money.
Upon a motion by Councilman Payne, Ordinance No. 2564
New Series of the Council of the City of Bakersfield amending
Section 7.52.190 of the Municipal Code relative to Rates Charged
by Taxicabs, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Miller, Payne, Ratty
Noes: Councilman Means
Absent: Councilman Strong
Abstaining: Councilman Christensen
Adoption of Ordinance No. 2565 New
Series of the Council of the City of
Bakersfield amending Sections
13.04.135 (c) and 13.16.030 (c) 3
and adding Section 13.04.135 (d) to
the Municipal Code of the City of
Bakersfield, relative to Permit Fees.
Upon a motion by Councilman Ratty, Ordinance No. 2565
New Series of the Council of the City of Bakersfield amending
829
Bakersfield, California, July 2, 1980 - Page 11
Sections 13.04.135 (c) and 13.16.030 (c) 3 and adding Section
13.04.135 (d) to the Municipal Code of the City of Bakersfield,
relative to Permit Fees, was adopted by the following roll call
vote:
Ayes:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.12.050 Modifying
Parking Time Limits and Charges there-
for for Off-Street Metered Parking.
This ordinance authorizes the City Manager to determine
the basic unit of parking time on off-street parking meters. The
ordinance amendment reflects changes necessary to increase parking
meter rates as accepted in Business Development and Parking Com-
mittee Report No. 6-79 on August 27, 1979.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 11.12.050
Modifying Parking Time Limits and Charges therefor for Off-Street
Metered Parking.
Adoption of Resolution No. 39-80 of
the Council of the City of Bakers-
field approving the Application for
1976 State Grant Moneys for improve-
ments at Castle and University Parks.
As part of the application process for grant moneys under
the 1976 State Park Bond Act, a resolution is required. The projects
to be completed were recently approved in the 1980-81 Capital
Improvement Budget.
Upon a motion by Councilman Miller, Resolution No. 39-80
of the Council of the City of Bakersfield approving the Application
for 1976 State Grant Moneys for improvements at Castle and Universtiy
330
Bakersfield, California, July 2, 1980 - Page 12
Parks, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Adoption of Resolution No. 40-80 of
the Council of the City of Bakers-
field authorizing the filing of an
Application with the Kern County
Council of Governments for Claim of
Transportation Development Act Funds
for exclusive use of Pedestrians and
Bicycles.
A portion of the Transportation Development Act funds is
designated for the development of facilities for the exclusive use
of pedestrians and bicyclists. The City proposes a joint project
with Kern County to extend the existing Kern River Bike Path.
This application is to extend the Bike Trail west to
Cal State Bakersfield and also signing and striping for a route
to Bakersfield College.
Upon a motion by Councilman Means, Resolution No. 40-80
of the Council of the City of Bakers£ield authorizing the filing
of an Application with the Kern County Council of Governments for
Claim of Transportation Development Act Funds for exclusive use
of Pedestrians and Bicycles, was adopted by the following roll
call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Cancellation of Purchase Agreement
with IBM for an Electronic Typewriter
for the Police Department and Finance
Operations Manager authorized to re-
solicit proposals.
By motion of the City Council on May 14, 1980, the City
accepted the bid of IBM for the furnishing of one Electronic Type-
writer for the Folice Department. On June 23, 1980, the Finance
Department was advised by IBM that the equipment purchased would
Bakersfield, California, July 2, 1980 - Page 13
331
be used equipment. Since the City expected all vendors to propose
new equipment, as with similar purchases in the recent past, it
would be in the best interest of the City to cancel the referred
to Purchase Agreement and resolicit proposals.
Upon a motion by Councilman Christensen, Purchase Agree-
ment with IBM for an Electronic Typewriter for the Police Department
was cancelled, and the Finance Operations Manager was authorized
to resolicit proposals.
HEARINGS
This is the time set for continued hearing before the
Council on an Appeal by Patrick E. Jennison to the decision of the
Board of Zoning Adjustment granting a Conditional Use Permit to
Warner Amex Cable of Kern County to allow the construction, operation
and maintenance of a sixty-foot high antenna tower with a six-foot
diameter microwave receiver dish mounted at the £ifty-seven-foot
level in an R-3-D (Limited Multiple Family Dwelling - Architectural
Design) Zone, affecting that certain property commonly known as
5401 Auburn Street.
The hearing was duly advertised and the property owners
notified as required by law. The public portion of this hearing
was closed at the meeting of May 21, 1980.
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in the following matter
and yielded the chair to Vice-Mayor Barton.
Mr. William Swanson, representing Warner Amex Cable of
Kern County, stated to alleviate Some of the problems Warner Cable
will plant trees along a 50 foot section along the westerly fence
to cover the view of the water tank from Eastridge Court. When
the trees reach maturity they will cover the view of the microwave
tower from Eastridge Court. In addition I tree will be planted on
the south side and 1 on the west side of the microwave tower. Kern
County Water Agency has plans to furnish the curbs, gutters, side-
walks and landscaping; and also agreed to put in a drip water
system to maintain the trees.
332
Bakersfield, California, July 2, 1980 - Page 14
Mr. Fernando Cisneros, Engineer for the Kern County
Water Agency, confirmed Mr. Swanson's statements regarding the
Water Agency's plans and also stated it is impossible to keep
graffiti off the water tank.
Mr. Patrick Jennison, 5229 Eastridge Court, Attorney
and representing homeowners of the area, stated the main issue
is the antenna tower and the neighborhood is in opposition to it
being constructed in this area. If the tower is approved, Mr.
Jennison requested that a few more trees be planted and considera--
tion given as to what can be done to mitigate its effect.
Director of Fire & Development Services Needham stated
one of the conditions recommended by the Board of Zoning Adjust-
ment was that the Kern County Water Agency paint the existing
tanks.
After discussion, upon a motion by Councilman Ratty,
Zoning Resolution No. 276 granting Conditional Use Permit to permit
the operation and maintenance of a sixty-foot high antenna tower
with a six-foot diameter microwave receiver dish mounted at the
fifty-seven-foot level on that certain property commonly known as
5401 Auburn Street, as modified by the Plot Plan submitted by
Warner Amex Cable of Kern County, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Means, Miller, Payne, Ratty
Noes: Councilman Christensen
Absent: Councilman Strong
This is the time set for continued hearing before the
Council on an Appeal by Troy Childers regarding the revocation of
his permit for towing of vehicles for the City Police Department.
This hearing was continued from the meeting of May 14,
1980, at the request of Mr. Childers' attorney.
The City Attorney's Office and Mr. Childers' attorney
1980, for the
accommodate
recommend that the hearing be continued to July 30,
convenience of witnesses who are on vacation and to
Mr. Childers' attorney's schedule.
Bakersfield, California, July 2, 1980 - Page 15
333
Upon a motion by Councilman Ratty, continued hearing
before the Council on an Appeal by Troy Childers regarding the
revocation of his permit for towing of vehicles for the City Police
Department, was continued until the meeting of July 30, 1980, by
the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty
Noes: None
Absent: Councilman Strong
Abstaining: Councilman Miller
This is the time set for public hearing before the
Council on an Appeal by Darling, Maclin and Day, Attorneys for
Patrick F. and Alexandra J. Paola, to the decision of the Board
of Zoning Adjustment granting a Conditional Use Permit to Neil
Nelson for Petro Lewis Corporation to allow the drilling and oil
production with related facilities in an R-1 (One Family Dwelling)
and MH Mobilehome) Zones, affecting that certain property commonly
known as Kern Bluff Oilfield.
This hearing has been duly advertised and the property
owners have been notified as required by law.
A communication was received from Mr. Kent Smith, 1631 -
17th Street, in favor of granting the Conditional Use Permit.
A communication was received from Bruce F. Bunker,
Attorney representing Petro-Lewis Corporation, and endorsed by
Curtis Darling, Attorney representing Patrick F. Paola, dated July
2, 1980, stating that both parties agree that the Conditional Use
Permit granted by the Board of Zoning Adjustment be modified to
authorize eighteen wells instead of twenty, deleting any authority
to drill the two wells numbered 10 and ll, which were proposed to
be situated in the southwest quarter of the southwest quarter of
Section 18. Except to that extent, the Conditional Use Permit
shall be issued as originally specified by the Board of Zoning
Adjustment.
334
Bakersfield, California, July 2, 1980 - Page 16
Mayor Hart declared the hearing open for public partici--
pation.
Mr.
Corporation,
Bruce Bunker, Attorney representing Petro-Lewis
explained the contents of the letter regarding the
agreement reached between Petro-Lewis Corporation and Patrick F.
and Alexandra J. Paola.
Mr. Curtis Darling, Attorney representing Patrick F. and
Alexandra J. Paola, stated he concurs with the agreement that was
explained in the letter.
No 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.
Upon a motion by Councilman Payne, Zoning Resolution No.
277 granting Conditional Use Permit to permit the drilling and oil
' production with related facilities on that certain property commonly
known as Kern Bluff Oilfield, as modified in the letter of agree-
ment endorsed by both parties, was adopted by the following roll
call vote:
Ayes: Councilmen Barton, Christensen, Miller, Payne, Ratty
Noes: None
Absent: Councilmen Means, Strong
This is the time set for hearing before the Council on
an Appeal by Bakersfield Neon Sign Company to the decision of the
Planning Commission denying their request for a Special Sign Permit
in a C-2-D (Commercial - Architectural Design) Zone, located on the
Bakersfield Self Storage-South site at 4020 Wible Road.
The Planning Commission denied the request for a 240
square foot, double
mentioned property.
Mayor Hart
faced, interior illuminated sign for the above
declared the hearing open for public partici-
pation.
Company,
Mr. A. E. Stuart, representing Bakersfield Neon Sign
requested that the Sign Permit be granted so people
Bakersfield, Cali£ornia, July 2, 1980 - Page 17
335
traveling south on Freeway 99 can find the location of the business
and services they offer. The trees on Wible Road block the business
identification sign until persons have passed the turn-off at White
Lane.
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.
Upon a motion by Councilman Barton, request of Bakers-
field Neon Sign Company for a Special Sign Permit in a C-2-D
(Commercial - Architectural Design) Zone, located on the Bakers-
field Self Storage-South site at 4020 Wible Road, was approved by
the
Ayes:
Noes:
Absent:
Abstaining:
following roll call vote:
Councilmen Barton,
None
Miller, Payne, Ratty
Councilman Strong
Councilmen Christensen, Means
This is the time set for public hearing before the
Council on Resolution of Intention No. 947 of the Council of the
City of Bakersfield, declaring its intention to order the vacation
of a portion of Eye Street between 26th Street and 27th Street, in
the City of Bakersfield.
This hearing has been duly posted.
The Planning Commission, at its meeting of May 6, 1980,
voted in opposition to the vacation of this portion of Eye Street.
pation.
Mayor Hart declared the hearing open for public partici-
Mr. Bob Klassen, representing San Joaquin Community
outlined the reasons the hospital requested the closing
Hospital,
of that portion of Eye Street and their plans if it is approved.
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.
336
Bakersfield, California, July 2, 1980 - Page 18
Upon a motion by Councilman Ratty, Resolution No. 41-80
of the Council of the City of Bakersfield ordering the vacation of
a portion of Eye Street between 26th Street and 27th Street, in
the City of Bakersfield, was adopted by the following roll call
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Councilman Miller asked when the staff will get back to
the Council with their recommendations regarding the Cost-Revenue
Analysis.
Director of Fire & Development Services Needham stated
it was the Council's decision to make that choice themselves.
Councilman Miller made a motion that the Cost-Revenue
Analysis proposals be referred to the Business Development and
Parking Committee for consultations and/or recommendations.
Councilman Barton stated that at the time the motion
was made to refer this issue to the entire Council, it was intended
that staff input be considered before a decision is made.
Councilman Miller stated he would hope that one of the
Council Committees establish a criteria, come up with an evaluation,
and that the staff also come up with an evaluation and recommenda-
tion, and in two weeks a decision be made by the Council.
Councilman Barton offered a substitute motion that the
applicants for the Cost-Revenue Analysis, besides submitting written
proposals, be permitted to make personal proposals to the Council
and the proposals be referred to the staff and Budget Review and
Finance Committee for recommendation.
Councilman Means stated he agrees with Councilman Miller
and it was his intent, two weeks ago, that a decision be made in
two weeks. It will be very difficult to have all six persons
appear before the entire Council and that is why he wanted the
vote:
Ayes:
Bakersfield, California, July 2, 1980 - Page 19
337
Budget Review and Finance Committee to make their recommendation,
along with staff's, to the entire Council for a decision two weeks
from now. The motion was for the entire Council to get it and that,
in fact, is what delayed it. Councilman Means stated he was
speaking against the substitute and original motion.
Councilman Barton's substitute motion that the applicants
for the Cost-Revenue Analysis, besides submitting written proposals,
be permitted to make personal proposals to the Council and the
proposals be referred to the staff and Budget Review and Finance
Committee for recommendation,
roll call vote:
Ayes:
Noes:
Absent:
failed to carry by the following
Councilman Barton
Councilmen Means, Miller, Payne, Ratty
Councilmen Christensen, Strong
Councilman Miller withdrew his original motion.
Councilman Means made a motion that the selection
for
the Cost-Revenue Model be sent to the Budget Review and Finance
Committee who will, together with staff input, make a recommendation
back to the Council on the top three candidates at the meeting of
July 16, 1980, and the Council will make the selection. This
motion carried by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty
Noes: Councilman Barton
Absent: Councilmen Christensen, Strong
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Means, theeting was
adjourned at 10:45 P.M. ~---~ _ / j j
ATTEST:
BY
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
~ ASSISTANT CITY CLERK
?
838
Bakersfield, California, July 16, 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., July 16, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Christensen, Means, Miller,
Absent: None
Payne, Ratty, Strong, Barton
Minutes o£ the regular meeting of July 2, 1980 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Roland Canfield, representing the Housing Authority
of Kern County, presented the Council with data relating to a
proposed referendum to be placed on the November ballot regarding
approving the activities of the Housing Authority of Kern County
to develop, own or otherwise finance new housing units throughout
the County.
CORRESPONDENCE
Upon a motion by Councilman Miller, communication from
Warner Cable of Kern County, dated June 27, 1980, 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 Christensen, communication
from Mason Wachob & Associates, dated July 14, 1980, requesting
annexation to the Union Avenue Sanitation District of property
located at the northeast corner of South Union Avenue and Watts
Drive, was received and referred to the Planning Commission for
study and recommendation.
Upon a motion by Councilman Ratty, communication from
Moreland Engineering, Inc., on behalf of San Joaquin Development,
Inc., dated July 15, 1980, requesting annexation of property located
on the southwest corner of White Lane and Cottonwood Road, was
339
Bakersfield, California, July 16, 1980 - Page 2
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Ratty, communication from
the Associated Students of Cal State Bakersfield, dated July 14,
1980, expressing their support of the proposed Bike Path along the
Kern River, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Moreland Engineering, Inc., on behalf of Ed Barger of Dream World
Development Group, dated July 15, 1980, requesting annexation of
property located on the northeast corner of Pacheco Road and Eve
Street, was received and referred to the Planning Commission for
study and recommendation.
Councilman Barton made a motion that the communication
from Mayor Donald M. Hart, dated July 11, 1980, submitting recom-
mendations from the Charter Review and Advisory Commission to the
Council be received, placed on file and this item be discussed at
the Council Meeting of July 30, 1980, after the Council has had an
opportunity to review the information.
Councilman Christensen stated he would like to see the
Charter Review and Advisory Commission continue after taking the
summer off. This group should not be allowed to falter.
City Manager Bergen stated this item would be placed on
the Agenda for the Council Meeting o£ July 30, 1980.
Councilman Barton's motion that the communication from
Mayor Donald M. Hart, dated July ll, 1980, submitting recommenda-
tions from the Charter Review and Advisory Commission to the
Council, be received, placed on file and discussed at the Council
Meeting of July 30, 1980, after the Council has has an opportunity
to review the information, was approved.
REPORTS
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 8-80 regarding Salary and
Supplemental Benefits, as follows:
Bakersfield, California, July 16, 1980 - Page 3
In compliance with the State of California's
Meyers-Milias-Brown Act, the City has concluded
its annual meet and confer sessions with the
International Brotherhood o£ Police Officers
(IBPO), the Services Employees International
Union (SEIU), the California State Fire Fighters
Association and the Teamsters. Consulting
sessions were also held with representatives
of the General Employee Supervisory Unit, the
Confidential Employees Unit and Management.
We are pleased to report that Memorandums of
Understanding have been reached with the various
unions (copies of each are attached to the
report). The City's negotiating team headed
by Nick Counter has been able to negotiate
within the guidelines as established by the
City Council in their last executive session.
These guidelines took into consideration both
the public and private sectors of the local
labor market and the extremely high cost of
living, 18.4% (March 1979 to March 1980),which
took place this past year. As the Council will
notice, the Police Unit package is higher that
the other units, however, this is due to 4%
salary increases which were granted to them
over the last two years. Considerable catchup
was necessary to get them in line with other
police agencies.
The Governmental Efficiency and Personnel
Committee is also concerned about Management
salaries in comparison to other public and
private sector agencies. According to infor-
mation provided to us, certain Management
positions are trailing anywhere from 15% to
35% compared to other cities in the State and
Kern County. We are not prepared to make any
inequity adjustments at this time, however,
we recommend that the Council conduct an out-
side independent Management Salary Study this
year and if warranted adjust some of these
positions during the year.
Based on all available information, the Govern-
mental Efficiency and Personnel Committee is
making the following recommendations for the
Council's approval:
The details for each of the units are as follows:
BLUE AND WHITE COLLAR UNITS
A 7% salary increase June 30, 1980, and
a 6% salary increase the first full pay
period in January, 1981.
Effective July l, 1980, the City will pick
up the entire increase of 30.4% on the
Blue Cross Medical Insurance Premiums.
The number of holidays for Fiscal Year
1980-81 will remain the same, however, the
half day holidays before Christmas and New
Bakersfield,
California,
July 16,
1980 - Page 4
6.
7.
8.
o
Year's will be traded for the Friday after
New Year's and Lincoln's Birthday will be
traded for the Friday after Christmas.
For those employees with the maximum of 120
days sick leave on the Books an annual
conversion of 75% towards vacation rather
than 50%.
One day per year of sick leave may be used
for personal necessity leave.
Compensatory time maximum increased from
40 hours to 60 hours.
Shift differential pay increased from 25~
per hour to 35~ per hour.
A $10 per month uniform allowance for non-
safety employees in the Police Department
who are required to wear a uniform.
FIRE UNIT
An8% salary increase effective June 30,
1980, and a 4% salary increase the first
full pay period in January, 1981.
A minimum of two hours for callback for
Fire Suppression personnel and double time
pay for Fire Watch.
A $25 per month increase towards health
insurance.
An increase of $25 per year towards uniform
allowance.
Commencing with the calendar year 1981 an
employee who has accrued the maximum of 56
shifts of sick leave and does not use any
sick leave for the entire calendar year
will be awarded 5.6 shifts of pay or vacation
time.
Effective January 1, 1981 Fire Unit employees
will earn 5~ shifts of holiday pay per year.
FIRE SUPERVISORY UNIT
An8% salary increase June 30, 1980, and a 4%
salary increase effective December 29, 1980.
A minimum of two hours of callback for Fire
Suppression personnel and double time pay
for Fire Watch.
An increase of $75 annually for uniform
allowance.
The City will increase its contribution
towards medical insurance for each employee
to $108.95 per month.
Bakersfield, California, July 16, 1980 - Page 5
o
t
Effective January 1, 1981 Fire Unit employees
will earn 5½ shifts of holiday pay per year.
In addition, Fire Prevention personnel will
receive $20 per holiday when assigned to
standby duty.
Commencing with the calendar year 1981 an
employee who has accrued the maximum of
56 shifts of sick leave and does not use
any sick leave for the entire calendar
year will be awarded 5.6 shifts of pay or
vacation time.
An employee at the maximum of 56 shifts
who uses sick leave will revert back to a
50% pay off.
POLICE UNIT
A 9% salary increase June 30, 1980, and a
8% salary increase effective the first
full pay period in March, 1981.
The City will pay 25% of a 30.4% increase
in the Blue Cross Medical Insurance Pre-
miums.
City will increase the employee's uniform
allowance to $225 per year with an addi-
tional ~25 per quarter for Motorcycle
Officers.
Hazard duty pay of $50 per month will be
given to officers assigned to the Bomb
Detail.
Maximum compensatory time allowance will
be increased from 40 hours to 60 hours.
POLICE SUPERVISORY UNIT
A 7% salary increase June 30, 1980, and a
6% salary increase the first full pay period
in January, 1981.
City will pick up the entire increase of
30.4% on the Blue Cross Medical Insurance
Premiums.
The number of holidays for Fiscal Year
1980-81 will remain the same, however, the
half day holidays before Christmas and New
Year's will be traded for the Friday after
New Year's and Lincoln's Birthday will be
traded for the Friday after Christmas.
For those employees with the maximum of
120 days sick leave on the books an annual
conversion of 75% towards vacation rather
than 50%.
5. One day per year of sick leave may be used
for personal necessity leave.
343
Bakersfield, California, July 16, 1980 - Page 6
Compensatory time maximum increased from
40 hours to 60 hours.
City will increase the employee's uniform
allowance to $225 per year with an additional
$25 per quarter for Motorcycle Officers.
CONFIDENTIAL UNIT
A 7% salary increase June 30, 1980, and a
6% salary increase the first full pay period
in January, 1981.
Effective July 1, 1980, the City will pick
up the entire increase of 30.4 % on the Blue
Cross Medical Insurance Premiums.
The number of holidays for Fiscal Year 1980-
81 will remain the same, however, the half
day holidays before Christmas and New Year's
will be traded for the Friday after New
Year's and Lincoln's Birthday will be
traded for the Friday after Christmas.
For those employees with the maximum of
120 days sick leave on the books an annual
conversion of 75% towards vacation rather
than 50%.
One day per year of sick leave may be used
for personal necessity leave.
Compensatory time maximum increased from
40 hours to 60 hours.
GENERAL SUPERVISORY UNIT
A 7% salary increase June 30, 1980, and a
6% salary increase the first full pay
period in January, 1981.
Effective July 1, 1980 the City will pick
up the entire increase of 30.4% on the Blue
Cross Medical Insurance Premiums.
The number of holidays for Fiscal Year
1980-81 will remain the same, however, the
half day holidays before Christmas and New
Year's will be traded for the Friday after
New Year's and Lincoln's Birthday will be
traded for the Friday after Christmas.
For those employees with the maximum o£
120 days sick leave on the books an annual
conversion of 75% towards vacation rather
than 50%.
One day per year of sick leave may be used
for personal necessity leave.
Compensatory time maximum increased from 40
hours to 60 hours.
344
Bakersfield, California, July 16, 1980 - Page 7
MANAGE~IENT UNIT
1. A 7% salary increase June 30, 1980, and a
6% salary increase the first full pay period
in January, 1981.
Effective July l, 1980, the City will pick
up the entire increase of 30.4% on the Blue
Cross Medical Insurance Premiums.
The number of holidays for Fiscal Year 1980-
81 will remain the same, however, the hal£
day holidays before Christmas and New Year's
will be traded for the Friday after New
Year's and Lincoln's Birthday will be traded
for the Friday after Christmas.
For those employees with the maximum o£
120 days sick leave on the books an annual
conversion of 75% towards vacation rather
than 50%.
One day per year of sick leave may be used
for personal necessity leave.
Car and mileage allowance as outlined in
the attached resolution.
City Manager's salary adjusted 10%, effective
June 30, 1980. This will result in a lesser
percentage salary increase than the 13%
allotted to other Management employees at
the end of the year.
RETIRED EMPLOYEES
The City will pick up the 30.4% increase
in the Blue Cross Medical Insurance Premiums
for all retired employees.
TEMPORARY EMPLOYEES
In order to keep up with Minimum Wage Guide-
lines established by the Federal and State
Government, salary adjustments will be made
for the following positions:
Community
Program Coordinator
Recreation Supervisor
Recreation Supervisor
Recreation Supervisor
Recreation Leader I
Recreation Leader II
Recreation Leader III
Pool Manager
Assistant Pool Manager
Life Guard
Cashier
Official I
Official II
Clerical Aide
Scorekeeper
Recreation Leader
I
II
III
Bakersfield, California, July 16, 1980 - Page 8
345
Ticket Seller
Janitor
Student Help
Police Cadet
Maintenance Worker
The total cost for all units is $2,492,535,
which represents an approximate 12% increase
for all permanent employees with the exception
of the Police Unit, which is a cost of 13% over
the year, however, at the end of the year the
costs are approximately 18%.
In order to implement these changes, the Govern-
mental Efficiency and Personnel Committee is
recommending Council approval of this report,
the attached Salary Resolution and Ordinance
changes.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 8-80 regarding Salary and Supple-
mental Benefits, was accepted; and recommendations as outlined in
the report, were approved.
Councilman Means requested that the record show that he
did not support the salary increases for the Management Unit.
Adoption of Resolution No. 42-80 of
the Council of the City of Bakers-
field setting salaries and related
benefits for Officers and Employees
of the City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 42-80
of the Council of the City of Bakersfield setting salaries and
related benefits for Officers and Employees of the City of Bakers-
field, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 3.18 of the Munici-
pal Code by amending certain sections
and adding others, all in relation to
Compensation for Officers and Employees
of the City of Bakersfield.
Upon a motion by Councilman Strong, first reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Chapter 3.18 of the Municipal Code by amending
346
Bakersfield, California, July 16, 1980 - Page 9
certain sections and adding others, all in relation to Compensation
for Officers and Employees of the City of Bakersfield.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 10-80 regarding Correspondence
from Greater Bakersfield Community Development Corporation dated
June ll, 1980, as follows:
In order to keep the Council informed on the
activities of the Community Development
Corporation, correspondence from the organi-
zation dated June 11, 1980 was referred to
the Budget Review and Finance Committee for
study and recommendation.
On January 9, 1980, the Bakersfield City Council
approved an agreement with the Greater Bakers-
field Community Development Corporation (CDC)
to formulate an Economic Development Program
for the Block Grant target areas. Counter-
signed by all parties on March 3, 1980, the
contract runs through September 3, 1980.
At the time the agreement was approved, two
purposes were established. One was the involve-
ment of local citizens in planning for their
neighborhoods. This process has begun with
creation of a CDC Board of Directors currently
consisting of 23 persons from the various target
areas. The other purpose was to provide seed
money to allow the organization to develop and
find alternative funding sources to continue
operation after the initial six-month period.
As with any entirely new organization, the CDC
has had problems in getting established and
fully operational, mainly in the recruitment
of the two authorized staff positions of
Executive Director and Business Developer.
These positions have not been filled. This
lag has necessarily delayed any substantial
progress on the Economic Development Study for
the target areas.
In order to accomplish this task, the CDC is
proposing to utilize the services of the
California State College, Bakersfield Center
for Business and Economic Research. A consortium
of teachers and researchers, this unit has
developed an expertise in the local and regional
economy and has already compiled significant
data on the area. They have expressed a willing-
ness and ability to complete the project, with
a final report to be made available September
15, 1980. Combining funds originally budgeted
for consultant services and a line item transfer
of $8,000 in salary savings from hiring delays
of the professional staff, a total of $16,707
is available for the CDC to pay for the services
Bakersfield, California, July 16, 1980 - Page 10
847
of the Cal State group. In no event will the
total CDC contract exceed its authorized maximum
of $49,538. While this transfer could be made
by the organization without additional approval,
it is important to keep the Council apprised of
all that the CDC is doing, since this represents
a use of Community Development funds new to
Bakersfield, that is local economic development.
It should be emphasized that, in addition to
developing a local economic strategy, a mechanism
also is being developed for increased citizen
involvement in local planning. This exercise in
neighborhood capacity building is being conducted
with the concept of greater returns in future
years as more people become interested, active
and involved in the activities affecting their
communities.
THEREFORE IT IS RECOMMENDED THAT:
The Greater Bakersfield Community Develop-
ment Corporation be authorized to contract
with the California State Bakersfield Center
for Business and Economic Research for a
Local Economic Study;
That the CDC provide a progress report to
the City every two weeks during the balance
of the contract period; and
That the staff provide a full activity
report on the CDC to the City Council at
the end of the contract period.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 10-80 regarding Correspondence from
Greater Bakersfield Community Development Corporation dated June
11, 1980, was accepted; and recommendations as outlined in the
report, were approved. Councilman Ratty abstained from voting on
this matter.
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, read Report No. 5-80 regarding Senior Citizens
Center, as follows:
The Intergovernmental Relations Coramittee of
the City of Bakersfield and the County of Kern
have held two meetings on June 23, 1980 and
June 25, 1980 in which all members were present
for the purpose of discussing two basic issues
relating to the development of the proposed
Senior Citizens Center. The discussions
addressed two areas of concern: l) The potential
organizations capable of operating and main-
taining the proposed Senior Citizens Center,
and 2) The site selection and acquisition
process.
848
Bakersfield, California, July 16, 1980 - Page 11
The Committee agreed that before final site
acquisition occurs, an agency to operate and
maintain the facility would have to be selected
and an agreement drawn up and approved deline-
ating the proposed program and the agency's
commitment. Organizations contacted by staff
for potential operation of the Center were:
North-of-the-River Recreation District, Kern
County Economic Opportunity Corporation, and
other non-profit organizations specializing
in the field of operating Senior Citizens
Centers.
Presently, KCEOC has expressed interest, and
its Board of Directors will subsequently be
making a decision on this matter in the near
future. North-of-the-River Recreation District
boundaries do not include the area under con-
sideration; therefore, considerable administrative
and legal problems would have to be overcome
for them to act as an operator of the proposed
center.
A detailed discussion took place regarding the
formation of a special district from which
revenue would be received for operation of the
Center. In the City Attorney's opinion, the
district could be formed only through a 2/3
vote of the people within the district. Addi-
tionally, it was determined that a County
service area that would include portions of
the City is not allowed pursuant to State law.
The three site recommendations by the Senior
Citizens Task Force were evaluated. Based on
the discussion of the Committee, it was deter-
mined that the site prioritized by the Senior
Citizens Task Force as No. 3 provided the best
alternative to the proposed Senior Citizens
Center.
It is therefore the recommendation of the
Committee that as the initial step in developing
this Center, the City Council authorize staff
to have property appraisals made of the proposed
site and make preliminary commitments on the
site authorizing acquisition only after an
organization has been chosen by the City Council
to operate and maintain the Center.
1. Motion to receive the report.
2. Motion to authorize staff to secure property
appraisals; and
Make preliminary commitments on subject
property authorizing acquisition only after
the operating organization has been chosen
for the Center.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 5-80 regarding Senior Citizens
Center, was accepted; and staff was authorized to secure property
Bakersfield, California, July 16, 1980 - Page 12
349
appraisals and make preliminary commitments on subject property
authorizing acquisition only after the operating organization has
been chosen by the City Council to operate and maintain the center.
Councilman Means, Chairman of the Energy Committee, read
Report No. 4-80 regarding Hiring Energy Consultant, as follows:
The City Council previously entered into an
agreement with KERN-COG to act as lead agency
in the Comprehensive Energy Conservation Study.
As the lead agency, it was agreed that the
City would contract with two energy consultants
as independent contractors to be funded by
KERN-COG. KERN-COG obligated funds to the City
for contracting with the two consultants.
KERN-COG later requested that the contracts
be assigned back to KERN-COG and that KERN-COG
be relieved of its obligation to the City for
funding. Inadvertently, this request was made
by KERN-COG and accepted by the City Council
prior to hiring the second consultant.
KERN-COG, in an attempt to remedy this matter,
now requests that the City, as lead agency,
contract with a second energy consultant as
independent contractor, and assign the contract
to KERN-COG. KERN-COG is again obligating funds
to the City for contracting with the consultant
until the contract is assigned to KERN-COG.
The Energy Committee recommends that the City
Council authorize the Mayor to contract with an
independent contractor for energy consultant
services and assign the rights and obligations
of the City under the Contract to KERN-COG.
Upon a motion by Councilman Means, Energy Committee
Report No. 4-80 regarding Hiring Energy Consultant, was accepted;
and the Mayor was authorized to contract with an independent
contractor for Energy Consultant services and assign the rights
and obligations of the City under the contract to KERN-COG.
Councilman Payne abstained from voting on this matter.
Director of Fire & Development Services Needham announced
that next Tuesday, July 22, 1980, the following meetings will be
held:
1. Regular Redevelopment Agency Meeting at
4:00 P.M.
Council & Redevelopment Agency Workshop
Session at 4:45 P.M. to discuss housing
bonds, bonds for the shopping center and
Urban Development Action Grant Application.
Bakersfield, California, July 16, 1980 - Page 13
Special Council Meeting at 5:00 P.M. £or
the purpose of holding a public hearing
on the Proposed Application for Urban
Development Action Grant Funds from the
U. S. Department of Housing and Urban
Development for the Bakersfield Retail
Center Project.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 6925 to 7137 and
i to 40, inclusive, in the amount of
$866,401.98.
(b) Claim for Damages from Harold B. Marley,
Route 6, Box 71-A, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Damages from Hubert Ogden, Route
6, Box 69, Bakersfield. (Refer to City
Attorney)
(d)
Claim for Damages
Route 6, Box 66-B,
to City Attorney)
from Lee Roy Hubbard,
Bakersfield. (Refer
(e)
Claim for Damages from Antone Peters, P.O.
Box 422, Lamont, California. (Refer to
City Attorney)
(f) Claim for Damages from James E. Wilson,
Route 6, Box 755, Bakersfield. (Refer to
City Attorney)
(g)
Claim for Damages from Connie Ogden, Route
6, Box 69-D, Bakersfield. (Refer to City
Attorney)
(h)
Claim for Damages from Tommy L. Boozer,
Route 6, Box 66-G, Bakersfield. (Refer
to City Attorney)
(i)
Claim for Damages from Frank Ainciburu,
Route 6, Box 69-F, Bakers£ield. (Refer
to City Attorney)
(J)
Claim for Damages and Personal Injuries
from Alta Weddie, 7900 E1Verano Drive,
Bakersfield. (Refer to City Attorney)
(k)
Claim for Damages from James Jones, 2016
Lacey Street, Bakersfield. (Refer to
City Attorney)
(1)
Masonry Wall Easement from Deeter Con-
struction, Inc., located on west side of
Lots 81 & 82 of Tract No. 4029 and
adjacent to east side of Gosford Road.
(m)
Masonry Wall Easement from Tenneco Realty
Development Corporation and Marvin G. &
Sally L. Hansen, located on west side of
Lots 31 & 32 of Tract No. 4030 and adjacent
to east side of Gosford Road.
Bakersfield, California, July 16, 1980 - Page 14
351
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
Correctory Quitclaim Deed from the City
of Bakersfield to North Kern Water Storage
District providing clear title to certain
facilities affecting the Calloway Canal
alignment.
Storm Drain Easement from Don Lee Develop-
ment from Coventry Drive to the Lacey
Avenue Drainage Sump as required for Tract
No. 4248, located between Wilson Road and
Planz Road, east of Freeway 99.
Alleyway Easement from Tenneco Realty
Development Corporation providing for
dedication of an alley east of Ashe Road
between Bronson Lane and Herb Way.
Map of Tract No. 4219 and Improvement Agree-
ment with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located south of Olympia
Drive, between Lily Drive and West Half
Moon Drive.
Map of Tract No. 4220 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located west of Ashe Road,
between Olympia Drive and White Lane.
Map of Tract No. 4245 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located west of Ashe Road,
south of North Half Moon Drive.
Map of Tract No. 4248 and Improvement
Agreement with Don Lee Development for
construction of improvements therein,
located west of Agate Street and north of
Coventry Drive.
Application for Encroachment Permit from
Pacific Gas & Electric Company, P.O. Bin
319, Bakersfield, for installation of a
pad mount electric transformer 6~ feet
behind flowline of San Dimas Street, at
4040 San Dimas Street.
Application for Encroachment Permit from
Jim Boylan, 3530 Pierce Road, Bakersfield,
for construction of a 2" pipe barrier for
P. G. & E. gas meters in the alley east of
2332 Chester Avenue.
Notices of Completion and Acceptance of
Work for:
Pavement improvements on LaCosta Street
between Auburn Street and 1300 feet north,
Contract No. 79-188 with Granite Construc-
tion Company.
Bakers£ield, California, July 16, 1980 - Page 15
(d) ,
(e),
(x)
(y)
(z)
(aa)
(bb)
Upon
(f),
Tract No. 4082, Contract No. 79-135 with
Tenneco Realty Development Corporation,
located east of Gosford Road and west of
Laurelglen Boulevard.
Tract No. 4117, Contract No. 79-149 with
Golden Empire Development, located west
of South "H" Street, north of Panama Drive.
Tract No. 4142, Contract No. 80-13 with
Tenneco Realty Development Corporation,
located west of Ashe Road, between Half
Moon Drive and Laurelglen Boulevard.
Tract No. 4195 with Tenneco Realty Develop-
ment Corporation, located north of Ming
Avenue, east of Gosford Road.
Parcel Map No. 5530, Contract No. 79-179
with Tenneco Realty Development Corpora-
tion, located east of California Avenue,
between Lennox Avenue and Mohawk Street.
Plans and Specifications for construction
of Service Door for Civic Auditorium.
Plans and Specifications for construction
of a Water Main in the intersection of
Stockdale Highway and New Stine Road.
Plans and Specifications for construction
of a building at Quailwood Park for joint
use of Parks and Domestic Water Departments.
Contract Change Order No. 1 to Contract
No. 79-199 with Galland Electric Corpora-
tion for construction of Traffic Signal
Systems on Stockdale Highway & California
Avenue. The Change Order provides for:
(1) changing Detector Locations and
Electronic Equipment to provide for safer
and more efficien't signal operation at
the 5 intersections under the contract;
(2) adding Vehicle Detectors on Mohawk
Street and Lennox Avenue that have been
constructed since the contract started;
(3) installing Vehicle Detectors for
existing traffic signals at California
Avenue & Oak Street, California Avenue &
Real Road and California Avenue & Stock-
dale Highway to provide for safer and
more efficient signal operations; and (4)
five day extension of time for work added.
The cost of work under this Change Order
is $4,500 and sufficient funds are avail-
able in the budget for this increased
cost.
Request from R. J. Hudspeth for annexation
of property located at 5400 Stine Road.
(Refer to Planning Commission for study
and recommendation)
a motion by Councilman Miller, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
Bakersfield, California, July 16, 1980 - Page 16
353
(q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa) and (bb) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Miller, bid of General
Seating Company for Aluminum Planks and Accessories, was accepted.
Upon a motion by Councilman Means, low bid of Three Way
Chevrolet for Dump Trucks, was accepted, all other bids rejected
and Budget Transfer from the Equipment Replacement Contingency
Account No. 81-484-6100 to Account No. 81-484-7300, in the amount
of $5,348.72, was approved.
Upon a motion by Councilman Christensen, low bid of
Ferrell's Landscaping for construction of Castle Park Irrigation
System, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Del Mar
Electric for construction of Security Lighting for Castle Park,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Payne, low bid of Granite
Construction Company for street improvements on White Lane between
Shepard Street and Wible Road, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of James G.
Francis, for Alternate lB, for reconstruction of pavement on portions
of Chester Avenue between Truxtun Avenue and 24th Street, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
354
Bakersfield, California, July 16, 1980 - Page 17
DEFERRED BUSINESS
Adoption of Ordinance No. 2566 New
Series of the Council of the City of
Bakersfield amending Section 11.12.050
modifying Parking Time Limits and
Charges therefor for Off-Street
Metered Parking.
Upon a motion by Councilman Barton, Ordinance No. 2566
New Series of the Council of the City of Bakersfield amending
Section 11.12.050 modifying Parking Time Limits and Charges there-
for for Off-Street Metered Parking, was adopted by the following
roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 7.10 of the Munici-
pal Code deleting the Board of
Charity Appeals and substituting the
City Manager for issuance of Permits
for Charitable Solicitations.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 7.10 of the
Municipal Code deleting the Board of Charity Appeals and substi-
tuting the City Manager for issuance of Permits for Charitable
Solicitations.
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 1022,
1024, and 1030 - 8th Street; and 810
and 814 "N" Street.
The application for this amendment was made by Leo J.
Wilson and would change subject properties from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-O (Commercial and Professional
Office), or more restrictive, Zone.
Bakersfield, California, July 16, 1980 - Page 18
The Planning Commission approved the C-O zoning with the
application of the "D" Design Overlay, approved the Negative
Declaration and found the zoning consistent with the goals and
objectives of the Bakersfield Metropolitan Area General Plan.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the City
of Bakersfield commonly known as 1022, 1024, and 1030 - 8th Street;
and 810 and 814 "N" 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 those certain
properties in the City of Bakersfield
located on the southwest corner of
South "H" Street and Panama Lane;
and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by Greenland
Development, Inc., and would change subject properties from an MH
(Mobilehome) Zone to a P.U.D. (Planned Unit Development) Zone.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of those
certain properties in the City of Bakersfield located on the south-
west corner of South "H" Street and Panama Lane; and making findings
in connection with a P.U.D. Zone.
Adoption of Resolution No. 43-80 of
the Council of the City of Bakers-
field providing for the adjustment
of Property Tax revenues upon Local
Agency jurisdictional change resulting
from Annexation No. 279, LAFCO Pro-
ceeding No. 706 (College No. 3).
The College No. 3 Annexation cannot be finalized until
there is a negotiated exchange of Property Tax revenues between
the City and County. The County has agreed, by resolution, to the
exchange of Property Tax revenues and the annexation will be com-
pleted upon the City's acceptance of the exchange as provided in
this resolution.
356
Bakersfield, California, July 16, 1980 - Page 19
Upon a motion by Councilman Miller, Resolution No. 43-80
of the Council of the City of Bakersfield providing for the adjust-
ment of Property Tax revenues upon Local Agency jurisdictional
change resulting from Annexation No. 279, LAFCO Proceeding No. 706
(College No. 3), was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Resolution No. 44-80 of
the Council of the City of Bakers-
field providing for the adjustment
of Property Tax revenues upon Local
Agency jurisdictional change resulting
from Annexation No. 278, LAFCO Pro-
ceeding No. 704 (Stockdale No. 11).
The Stockdale No. ll Annexation cannot be finalized until
there is a negotiated exchange of Property Tax revenues between the
City and County. The County has agreed, by resolution, to the ex-
change of Property Tax revenues and the annexation will be completed
upon the City's acceptance of the exchange as provided in this
resolution.
Upon a motion by Councilman Payne, Resolution No. 44-80
of the Council of the City of Bakersfield providing for the adjust-
ment of Property Tax revenues upon Local Agency jurisdictional
change resulting from Annexation No. 278, LAFCO Proceeding No. 704
(Stockdale No. 11), was adopted by the following roll call vote:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Ayes:
Noes:
Absent:
None
None
Reception of Certificate of Election
from Kern County Clerk of Results of
Nominating Municipal Election for the
Office of Mayor of the City of
Bakersfield, California, held on the
3rd day of June, 1980.
Bakersfield, California, July 16, 1980 - Page 20
357
The results of the election were as follows:
Total number of Registered Voters 44,932
Total number of Votes Cast
32,058
Total number of Votes Cast for
each Candidate:
Charles H. Dodge 8,778
Gary Gibson 6,127
Alfred Leon 1,090
Arthur L. Rockoff 2,492
Mary K. Shell 8,753
Upon a motion by Councilman Strong, Certificate of
Election from Kern County Clerk of Results of Nominating Municipal
Election for the Office of Mayor of the City of Bakersfield,
California, held on the 3rd day of June, 1980, was received and
ordered placed on file.
Reception of Certificate of Election
from Kern County Clerk of all Votes
Cast for City of Bakersfield's Special
Charter Amendment Election, Measure
"A", at the State Direct Primary
Election held on the 3rd day of June,
1980.
The results of the election were as follows:
YES NO TOTAL
MEASURE "A" 10,829 13,716 24,545
Upon a motion by Councilman Miller, Certificate of
Election from Kern County Clerk of all Votes Cast for City of
Bakersfield's Special Charter Amendment Election, Measure "A", at
the State Direct Primary Election held on the 3rd day of June, 1980,
was received and ordered placed on file.
Adoption of Resolution No. 45-80 of
the Council of the City of Bakers-
field declaring the results of Can-
vass of Returns of Nominating
Municipal Election for the Office
of Mayor and Special Municipal
Election for a Charter Amendment,
Measure "A", at the State Direct
Primary Election held on the 3rd day
of June, 1980.
This resolution accepts the Canvass of Returns of the
Nominating and Special Municipal Elections as certified by the
358
Bakersfield, California, July 16, 1980 - Page 21
County Clerk. It declares that the Charter Amendment was defeated
and the following persons were nominated to be candidates for the
Office of Mayor at the General Election to be held November 4,
1980:
Charles H. Dodge
Mary K. Shell
Upon a motion by Councilman Christensen, Resolution No.
45-80 of the Council of the City of Bakersfield declaring the
results of Canvass of Returns of Nominating Municipal Election for
the Office of Mayor and Special Municipal Election for a Charter
Amendment, Measure "A",
on the 3rd day of June,
call vote:
Councilmen Christensen, Means,
Strong, Barton
None
None
Ayes:
Noes:
Absent:
at the State Direct Primary Election held
1980, was adopted by the following roll
Miller, Payne, Ratty,
Adoption of Resolution No. 46-80 of
the Council of the City of Bakers-
field calling the General Municipal
Election for the Office of Mayor,
providing for the consolidation of
said Election with the General
Election, to be conducted by the
County, to be held on November 4,
1980, and requesting the Board of
Supervisors of the County of Kern
to order the consolidation of said
Elections.
Upon a motion by Councilman Miller, Resolution No. 46-80
of the Council of the City of Bakersfield calling the General
Municipal Election for the Office of Mayor, providing for the
consolidation of said Election with the General Election, to be
conducted by the County, to be held on November 4, 1980, and
requesting the Board of Supervisor of the County of Kern to order
the consolidation of said Elections, was adopted by the following
roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, July 16, 1980 - Page 22
359
Adoption of Resolution No. 47-80 of
the Council of the City of Bakers-
field requesting the Board of Super-
visors of the County of Kern to
order the consolidation of a General
Municipal Election with the General
Election to be conducted by the
County on November 4, 1980, and
setting forth the List of Candidates
to be voted on at such Election, as
the same is to appear on the ballot.
Upon a motion by Councilman Strong, Resolution No. 47-80
of the Council of the City of Bakersfield requesting the Board of
Supervisors of the County of Kern to order the consolidation of a
General Municipal Election with the General Election to be conducted
by the County on November 4, 1980, and setting forth the List of
Candidates to be voted on at such Election, as the same is to
appear on the ballot, was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Approval of Acquisition Agreement
with Tenneco Realty Development
Corporation on an existing well and
site within the Ashe Water System.
Acquisition of the existing well will cost $38,250 and
will save the City approximately $55,000 in well development costs.
This will be considered by the Water Board on July 16th and they
will make a recommendation.
Upon a motion by Councilman Payne, Acquisition Agreement
with Tenneco Realty Development Corporation on an existing well and
site within the Ashe Water System, was approved and the Mayor was
authorized to execute same.
Adoption of Resolution No. 48-80 of
the Council of the City of Bakers-
field declaring an urgent necessity,
dispensing with advertising for bids,
and authorizing California Water
Service Company to perform work.
The emergency situation is due to summer peak demands on
excess of the Ashe Water System's capacity. If an existing well
360
Bakersfield, California, July 16, 1980 - Page 23
were to go out of service the system would not be capable of meeting
demands. California Water Service Company and Stetson Engineers
recommend immediate action and staff concurs. This resolution will
be considered by the Water Board on July 16th and they will make a
recommendation.
Upon a motion by Councilman Ratty, Resolution No. 48-80
of the Council of the City of Bakersfield declaring an urgent
necessity, dispensing with advertising for bids, and authorizing
California Water Service Company to perform work, was adopted by
the following roll call vote:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Ayes:
Noes: None
Absent: None
Approval of Cooperative Agreement
between the City of Bakersfield and
the County of Kern providing for
reconstruction of South Real Road
between Ming Avenue and State Route
58.
Sufficient funds are budgeted in the current fiscal year
for the City's portion of engineering and construction costs. The
Engineer's estimate is $26,000 for the City's share of the project.
Upon a motion by Councilman Payne, Cooperative Agreement
between the City of Bakersfield and County of Kern providing for
reconstruction of South Real Road between Ming Avenue and State
58, was approved and the Mayor was authorized to execute
Route
same.
Cancellation of Award of Bid to Jim
Burke Ford for 3/4 Ton Cab & Chassis
and Finance Operations Manager
authorized to resolicit bids for
same.
On March 19, 1980, the Council awarded the purchase of
one 3/4 Ton Cab and Chassis to Jim Burke Ford. Since then staff
has been advised by them that due to factory restrictions they are
unable to deliver at this time. .Request is made that the Council
rescind the award and authorize the Finance Operations Manager to
resolicit proposals.
Bakersfield, California, July 16, 1980 - Page 24
361
Upon a motion by Councilman Christensen, Award of Bid
to Jim Burke Ford for 3/4 Ton Cab & Chassis was cancelled, and
the Finance Operations Manager was authorized to resolicit b~ds
for same.
Approval and Certification of Employ-
ment Plan for the City of Bakersfield's
Comprehensive Economic Development
Strategy.
Federal agencies involved in funding Economic Development
Projects are now requiring each participating City or Agency to
provide an Employment Plan linking the jobs created by the funded
project with the disadvantaged sectors of the labor market. The
subject Employment Plan, when implemented, will meet this require-
ment.
Upon a motion by Councilman Strong, Employment Plan for
the City of Bakersfield's Comprehensive Economic Development
Strategy, was approved and certified.
Adoption of Resolution No. 49-80 of
the Council of the City of Bakers-
field declaring it has reviewed,
evaluated and considered the infor-
mation contained in the Final EIR
for a Proposed State College Area
General Plan Amendment, making
findings and certifying that said
Final EIR has been completed in
compliance with the California
Environmental Quality Act, the
State EIR Guidelines and City
Resolution No. 39-78.
The EIR for the State College Area has been recommended
for certification by the Planning Commission after conduct of a
public hearing. The EIR must now be reviewed, considered and
evaluated by the City Council for certification.
Upon a motion by Councilman Payne, Resolution No. 49-80
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final EIR
for a Proposed State College Area General Plan Amendment, making
findings and certifying that said Final EIR has been completed in
362
Bakersfield, California, July 16, 1980 - Page 25
compliance with the California Environmental Quality Act, the State
EIR Guidelines and City Resolution No. 39-78, was adopted by the
following roll call vote:
Ayes: Councilmen Christensen, Miller, Payne, Ratty, Strong,
Barton
Noes: Councilman Means
Absent: None
HEARINGS
This is the time set for public hearing before the
Council of the City of Bakersfield for the purpose of receiving
written and oral testimony regarding transit needs in the City of
Bakersfield.
This hearing has been duly advertised in the local news-
paper and posted.
Mayor Hart declared the hearing open for public partici-
pation. No one in the audience indicated a wish to speak and Mayor
Hart closed the public portion of the hearing for Council deliberation
and action.
Councilman Strong asked, in light of the present trans-
portation situation in the City, if action on this item could be
deferred until a later date.
Director of Public Works Hawley stated it is his under-
standing that Kern COG proposes to hold hearings during the month
of August. They have sent notices to each City in the County
requesting that they hold a public hearing sometime during July.
The City Council will have one more meeting this month and it is
important to complete the hearing in July.
Upon a motion by Councilman Strong, hearing before the
Council of the City of Bakersfield for the purpose of receiving
written and oral testimony regarding transit needs in the City of
Bakersfield, was continued until the Council Meeting of July 30,
1980, by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, July 16, 1980 - Page 26
363
This is the time set for public hearing before the.
Council on an Appeal by David Baker to the decision of the Board
of Zoning Adjustment granting the application for a Modification
to Mt. Vernon Vista Apartments, a Limited Partnership, to permit
reduction of the required parking spaces for a proposed condominium
conversion of an existing apartment complex from 156 spaces to 132
spaces in an R-3-D (Limited Multiple Family Dwelling - Architectural
Design) Zone, affecting that certain property on the south side of
Eric Way, between Mr. Vernon Avenue and Vassar Street.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Jim Redstone, of the Engineering firm of Mason Wachob
and Associates representing Mt. Vernon Vista Apartments, submitted
a parking survey they conducted between May 22, 1980 and June 1,
1980, that was used to support their request before the Board of
Zoning Adjustment for a Modification to reduce the parking spaces
from 156 to 132. Mr. Redstone stated the figures indicate that
the parking for this project is more than adequate and requested
that the Council grant the Modification.
Mr. David Baker, representing the tenants of Mr. Vernon
Vista Apartments, submitted a petition containing 73 signatures
opposing the conversion of Mt. Vernon Apartments into condominiums.
Marla Hansen, Property Manager of Mt. Vernon Vista
Apartments, stated there has never been a parking problem at this
apartment complex.
Mr. Doug Fairlen, tenant of Mt. Vernon Vista Apartments,
expressed his opposition to granting the Modification for reducing
the parking spaces.
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.
364
Bakersfield, California, July 16, 1980 - Page 27
After discussion, upon a motion by Councilman Payne,
Zoning Resolution No. 278 granting Modification of the Land Use
Zoning Ordinance of the City of Bakersfield to permit the reduction
of the required parking spaces for a proposed condominium conver-
sion of an existing apartment complex from 156 spaces to 132
spaces on that certain property located south of Eric Way, east
of Mt.
Ayes:
Noes:
Vernon Avenue, was adopted by the following roll call vote:
Councilmen Christensen, Miller, Payne, Ratty, Barton
Councilman Means
Absent: None
Abstaining: Councilman Strong
Mayor Hart declared a brief recess at 9:30 P.M., and
reconvened the meeting at 9:35 P.M.
This is the time set for public hearing regarding amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan concerning the following general areas:
Segment 1:
Tenneco Realty Development Corporation
has applied to change several land use
designations described as the State
College Area General Plan Amendment
for future development areas in the
southwest portion of the Bakersfield
Metropolitan Area General Plan. The
proposals will add more Office and
Medium Density Residential designa-
tions in the proximity of the State
College, but reduce Open Space and
eliminate High Density Residential
designations. It will also add more
Industrial and Low Density Residential
uses and reduce Open Space in the
vicinity of the Kern River, Carrier
Canal and the Truxtun Avenue project
and reduce Commercial use principally
near Gosford Road and White Lane.
Segment 5:
DeLuxe Home Builders, Inc. (Jack D.
Collier) has applied to change the
land use designation for a 0.3 acre
parcel from Medium Density Residential
to Office located on Olive Street,
approximately 145 feet south of
Chester Lane.
Segment 7:
George Barnett, Jr., has applied
for Larry and Nancy Cart to change
the land use designation for approxi-
mately 1.1 acres located on the west
side of Oswell Street between Bernard
Street and Pico Street from Medium
Density Residential to Office.
Bakersfield, California, July 16, 1980 - Page 28
365
Segment 8:
Joseph A. Leon has applied for
Delfino Brothers to change the land
use designation for 5.4 acres located
on the northeast corner of White Lane
and New Stine Road from Low Density
Residential to Commercial.
Segment 9:
Butler, Chambers & Hughes, Inc.,
has applied for W. Watson Company
to change the land use designation
for 1.24 acres located on the north
side of 24th Street, between "C"
Street and Drake Street from Low
Density Residential to Office.
Segment 10:
Wild West Shopping Center, et al,
has applied to change the land use
designation for 3.84 acres located
on the west side of Real Road near
Stockdale Highway and the terminus
of State Route 58 from Low Density
Residential to Commercial. The City
has expanded the application to
include adjacent and nearby current
Commercial and Office properties
thereby totaling 5.4 acres for
amendment to the Commercial desig-
nation.
Segment 11:
Larry J. Martin has applied for
Helfac Corporation to change the
land use designation for 2.22 acres
located at the northeast corner of
40th Street and "Q" Street from
Medium Density Residential to Office.
Segment 12:
The City of Bakersfield has applied
to change the land use designation
of 4.4 acres located on the west
side of South "H" Street, between
Pacheco Road and Faith Avenue, from
Low Density Residential to Commercial.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission approved the Negative Declarations
for Segments 7, 8, 9, 10, 11 and 12, and recommended approval of
Segments 1, 7, 8, 9, 10, 11 and 12, provided certain conditions are
met of Segments 7, 8, 10, ll and 12, as delineated in Planning
Commission Resolution No. 21-80.
The Planning Commission, after a public hearing held
June 5, 1980, approved the Negative Declaration, but recommended
denial of Segment 5.
A letter has been received from J. D. Collier, 2931
California Avenue, requesting approval of Segment 5.
366
Bakersfield, California, July 16, 1980 - Page 29
A letter has been received from Trinidad Valdez, 3017
Roanoke Court, requesting denial of Segment 5.
A letter has been received from the Kern County Builders'
Exchange, Inc., requesting approval of Segment 1.
Mayor Hart declared the hearing open for public partici-
pation on Segment 1.
Mr. Tom Fallgatter, Planning Commissioner speaking on his
own behalf and in opposition to Segment 1, stated an adequate hearing
was not held before the Planning Commission and requested it be
referred back for a full hearing. If the Council does not choose
to send it back to the Planning Commission he would recommend
following the recommendation of the Planning Commission and not
change any of the open space designations until such time as other
governmental agencies have had an opportunity to conduct a full
study of the open space needs for the City of Bakersfield.
Mr. Lloyd Phillips, 6408 Cochran Drive, speaking in
opposition to Segment 1, stated he is concerned with the water
supply of the City if this General Plan Amendment is approved and
the population increases in the southwest from 39,000 to 80,000.
Mrs. Ruth Gelman stated she is in opposition to Segment
i because of the ground water supply, open space areas and sewer
capacity.
Cristena Geyer, Vice-Chairman of the Kern-Kaweah Chapter
of the Sierra Club, stated they are concerned about the proposed
changes of the State College Area General Plan as adopted by the
Planning Commission on June 5, 1980. They would recommend further
study of land use proposals relating to the open space areas
included in Tenneco's original plans.
Mr. Robin Ablin, representing the Wheelman's Bicycle
Club of Kern County, speaking in opposition to Segment 1, requested
that the open space amendments be delayed until such time as a
proper study can be made £or the well-being of the entire community.
Bakersfield, California, July 16, 1980 - Page 30
367
Mr. Rosalio Banales, member of the Mexican-American
Political Association, speaking in opposition to Segment 1,
requested that the Tenneco development and proposal be sent back
to the Planning Commission for further debate. Mr. Banales stated
they are concerned with the lack of low-income housing and open
space designations.
Ms. Rene Danato, speaking in opposition to Segment l,
expressed her concern with the traffic problems in the southwest
and requested a decision be delayed until the traffic circulation
report for the City is completed.
Ms. Stephanie McCormick, member of the Planning Commission,
requested that the Council delay making a decision on Segment 1
until they receive Kern COG's Urban Park Study for Open Space,
Metropolitan Traffic Circulation Study, West Bakersfield's Sewer
Study and the City consider an Agricultural Preservation Policy.
Dr. Ted Murphy, Biologist, spoke in support of the pre-
servation of the open space portion of Segment 1.
Mr. Dennis Duggan, speaking in opposition to Segment 1,
requested the open spaces be retained for cooling purposes.
Mr. William Goodloe, representing the Kern Audubon Society,
speaking in opposition to Segment l, stated this State cannot
afford to lose any more open space to urban development.
Mr. Rich O'Neil, representing the Citizens Committee for
the Kern River Bike Path, spoke in support of Segment I with the
stipulation that the open space be set aside until Kern COG and
various citizen's committees complete studies of the Kern River.
Mr. Mel Jans, Vice-President of Tenneco Realty Develop-
ment Corporation, speaking in favor of Segment l, summarized the
proposal before the Council tonight. Tenneco feels the economic
base of this area is
as rapidly as it has
developers, builders,
such that Bakersfield will continue to grow
in the recent past. The City, school districts,
investors, etc., need to plan for this growth
368
Bakersfield, California, July 16, 1980 - Page 31
and develop in an orderly fashion to meet the needs that will be
generated. Tenneco feels they have been doing that in the area
they are developing. Mr. Jans requested that the Council approve
the Amended College Area General Plan, as submitted.
Mr. Terry Moreland, developer and high school trustee,
speaking in favor of Segment l, stated Tenneco's development has
been well planned and they have set standards which few developers
have been able to attain in any area. Mr. Moreland urged approvaJ
of Segment 1, as presented by Tenneco Realty Development Corporation.
Mr. Harold McNaughton, resident of the Stockdale area,
speaking in favor of Segment 1, stated it has been his experience
that if there is not some designated use for open space, especially
where water is involved, it will attact the most undesirable people
and become a monumental mess.
Mr. Lou Deris, President of Kern County Rock, Sand and
Concrete Association, stated on behalf of their employees, who
have been suffering due to lack of work, and for well planned and
continued growth he would request approval of Segment 1.
Mr. Jim Cox, builder and resident of the area, stated
he believes in Tenneco's plans and is also concerned with open
space, parks, wild life, bike paths, water, sewers, etc., however,
the population has to be dealt with and accounted for. Mr. Cox
submitted a list of names of approximately 18 residents who are in
agreement with Tenneco's Amended General Plan for the College Area
(Segment 1).
Mr. Jim Sughrue, representing the Kern County Builders'
Exchange, Inc., read a letter voicing their support of the State
College Area General Plan.
Mr. Robert Thomason, 14 year resident of the Stockdale
area, speaking in favor of Segment l, stated he is in favor of
Tenneco's plan to change open areas to commercial because he feels
within the Kern River bottom there is sufficient acreage to do just
about anything we want; such as, develop another Hart Park. Mr.
Bakersfield, California, July 16, 1980 - Page 32
369
Thomason remarked on spreading water over the river bed, developing
agricultural land, traffic congestion and requested that the
Council approve Segment 1.
Mr. Tom Coleman, representing 14 builders active in the
Stockdale area of Bakersfield, speaking in favor of Segment l,
commented on the success of the Stockdale Area General Plan as
designed in 1970 and followed through 1980. The modifications to
the General Plan, as requested, are both required and advisable
and this judgment is based on the market involvement of the
builders he is representing who have been active in this area for
over 10 years. The builders who work under the constraints of the
original General Plan and who will work under the proposed Amended
General Plan recommend its approval, based on the £acf it has been
accepted by the residents of Stockdale and demonstrated by their
desire to live there. These builders request an expeditious
decision because enough time has elapsed since 1977 to have allowed
sufficient discussion of all important factors. Further delays
create a potential housing shortage in Stockdale and deny consumers
the right to live in an area in which they have demonstrated a
desire to do so.
Mr. Chuck Tolfree, Tenneco Realty Development Corporation,
outlined some of the improvements Tenneco has made in the Stockdale
area and improvements they plan to make in the future.
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 on Segment i for Council deliberation and
action.
Councilman Means stated there are a number of problems
that have not been addressed and until the City begins to deal
with them development coming before the City will be held up. Mr.
Means questioned Harry Tow, Quad Consultants, and staff members
regarding ground water in relationship to Sewage Treatment Plant
370
Bakersfield, California, July 16, 1980 - Page 33
No 3; additional law enforcement, fire and City services that will
be needed when the area in question is fully developed; revenues
generated from the area; and traffic and circulation in the area.
Upon a motion by Councilman Christensen, a recess was
declared at 12:05 A.~L, and the Council Meeting was reconvened at
12:10 A.M.
After a very lengthy discussion, Councilman Payne made
a motion that Segment 1 of the Amendment to the Land Use Element
of the Bakersfield Metropolitan Area General Plan, as submitted
by Tenneco Realty Development Corporation, be approved.
Councilman Barton requested that the motion be amended
to hold the following open spaces areas in abeyance for review by
the Council and Planning Commission during the December, 1980,
General Plan Amendment hearing:
(Refer to Planning Commission Resolution No.
21-80, Page 5, Section 10, Items (h) & (i))
(h) Modified from Resolution - Only 60 acres
or less of area north of the Carrier
Canal from Mohawk Avenue to the railroad
tracks.
(i) 30 acres located between the Truxtun Avenue
extension and the Carrier Canal southwest
of the proposed Mohawk Avenue extension from
Open Space to Low Density Residential use.
Councilman Payne's amended motion that Segment 1 of the
Amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan, as submitted by Tenneco Realty Development
Corporation, be approved; and the two open space areas ~suggested
by Councilman Barton be held in abeyance for review by the Council
and Planning Commission during the December, 1980, General Plan
Amendment hearing, carried by the following roll call
Ayes:
Noes:
Absent:
Councilmen Christensen,
Barton
Councilman Means
None
Miller,
Payne, Ratty,
vote:
Strong,
Bakersfield, California, July 16, 1980 - Page 34
Mayor Hart declared the hearing open for public partici-
pation on Segment 5.
Mr. Jack D. Collier, property owner of Segment 5, requested
approval of his application to change the land use designation on
his property from Medium Density Residential to Office.
Mr. Harold Tomlin, partner of DeLuxe Home Builders, Inc.,
requested that Segment 5 be approved.
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Hart closed the public
portion of the hearing on Segment 5 for Council deliberation and
action.
Councilman Means stated he was originally opposed to
Segment 5, however, an agreement has been reached between the
property owner and residents o£ the area. The westerly portion of
the property has access into a commercial area. This should be
approved to include only the westerly half of the property so Mr.
Collier can build an office. Mr. Collier has agreed that the
office design will be compatible with the rest o£ the area and a
"D" Overlay applied.
Upon a motion by Councilman Means, Segment 5, as amended,
of the Amendment to the Land Use Element of the Bakersfield Metro-
politan Area General Plan, was approved by the following roll call
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Councilman Barton stated he would vote "Aye", but the
resolution does not state the lot has been split. When the
resolution is adopted concerning all segments of the Amendment
to the General Plan this change should be noted.
Assistant City Attorney Oberholzer advised the Council
that under California law a changed condition from that which the
vote:
Ayes:
372
Bakersfield, California, July 16, 1980 - Page 35
Planning Commission originally made their recommendation must be
sent back to the Planning Commission for reconsideration prior to
Council action.
Councilman Means suggested that the other Segments be
considered and by then maybe Segment 5 could be resolved.
Mayor Hart stated parliamentary wise the vote on Segment
5 would have to be set aside.
Mayor Hart declared the hearing open £or public partici-
pation on Segment 7.
Mr. George Barnett, Jr., spoke in favor of Segment 7.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Hart closed the public portion of
the hearing on Segment 7 for Council deliberation and action.
Upon a motion by Councilman Ratty, Segment 7 of the
Amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan, was approved by the following roll call vote:
Ayes Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes None
Absent: None
Mayor Hart declared the hearing open for public partici-
pation on Segment 8. No protests or objections being received and
no one wishing to speak in favor, Mayor Hart closed the public
portion of the hearing on Segment 8 for Council deliberation and
action.
Upon a motion by Councilman Christensen, Segment 8 of
the Amendment to the Land Use Element of the Bakersfield Metropoli-
tan Area General Plan, was approved by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Mayor Hart
pation on Segment 9.
declared the hearing open for public partici-
No protests or objections being received and
Bakersfield,
California,
373
July 16, 1980 - Page 36
no one wishing to speak in favor, Mayor Hart closed the public
portion of the hearing on Segment 9 for Council deliberation and
action.
Upon a motion by Councilman Payne, Segment 9 of the
Amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan, was approved by the following roll call vote:
Ayes: Councilmen Christensen, Means, killer, Payne, Ratty,
Strong, Barton
Noes:
Absent:
None
None
Mayor Hart declared the hearing open for public partici-
pation on Segment 10.
Mr. Bob Hallum, representing residents of South Garnsey
Avenue, Elcia Drive and Williamson Way, stated they are not agains't
annexation of the Wild West Shopping Center, but are opposed to
commercial zoning of the shopping center. If it is annexed to the
City they would like zoning equivalent to the County zoning of C-1.
Mr. Duane Gartner, one of the owners of the Wild West
Shopping Center, speaking in favor of Segment 10, stated the
property is zoned commercial and this hearing is for a General
Plan Amendment not a zone change. Mr. Gartner requested that the
General Plan Amendment be approved.
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 on Segment 10 for Council deliberation and
action.
Upon a motion by Councilman Payne, Segment l0 of the
Amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan, was approved by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Strong,
Barton
Noes: None
Absent: None
Abstaining: Councilman Miller
374
Bakersfield, California, July 16, 1980 - Page 37
Mayor Hart declared the hearing open for public partici-
pation on Segment 11. No protests or objections being received
and no one wishing to speak in favor, Mayor Hart closed the public
portion of the hearing on Segment 11 for Council deliberation and
action.
Upon a motion by Councilman Christensen, Segment 11 of
the Amendment to the Land Use Element of the Bakersfield Metropoli-
tan Area General Plan, was
Ayes:
approved by
Councilmen Christensen, Means,
Strong, Barton
Noes: None
Absent: None
the following roll call vote:
Miller, Payne, Ratty,
Mayor Hart declared the hearing open for public partici-
pation on Segment 12. No protests or objections being received and
no one wishing to speak in favor, Mayor Hart closed the public
portion of the hearing on Segment 12 for Council deliberation and
action.
Upon a motion by Councilman Barton, Segment 12 of the
Amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan, was approved by the following roll call vote:
Ayes: Councilmen Christensen, Miller, Payne, Ratty, Strong,
Barton
Noes: None
Absent: None
Abstaining: Councilman Means
Councilman Means stated that Segment 5 of the Amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan would be held over until the next General Plan Amendment
hearing.
Upon a motion by Councilman Payne, Resolution No. 50-80
of the Council of the City of Bakersfield making findings, adopting
Negative Declarations on Segments V, VII, VIII, IX, X, XI and XII,
referring Segment V of Proposed Amendment to the Planning Commission,
Bakersfield, California, July 16, 1980 - Page 38
375
and approving Segment I, except for portions described below and
approving Segments VII, VIII, IX, X, XI and XII of Proposed Amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan and transmittal of report to the City Council, was
adopted by the following roll
Ayes: Councilmen
call vote:
Christensen, Means, Miller, Payne,
Strong, Barton
Noes:
Absent:
was not
Council,
adjourned at
Ratty,
None
None
Councilman Means requested that the record show that he
in favor of Segment 1.
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
1:10 A.M.
MAYO~~C'2of~Bak~rsfield, Calif.
ATTEST:
o the City of Bak~irsfield, California
ma
376
Bakersfield, California, July 22, 1980
Present:
Absent:
Minutes of a special meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:00 P.M., July 22, 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:
)Sayor Hart. Councilmen ~eans, Miller, Ratty, Strong,
Barton, Christensen
Councilman Payne
Upon a motion by
RECESS
Councilman ~iller, the Special Council
Meeting was recessed at 5:02 P.M., to continue the Joint Workshop
Session between the City Council and Bakersfield Redevelopment
Agency on Housing Bonds, Bonds for the Shopping Center and Urban
Development Action Grant Application.
was reconvened at
This is
6:35 P.M.
HEARING
the
The Special Council Meeting
time set for public hearing before the
Council of the City of Bakersfield on the Proposed Application for
Urban Development Action Grant Funds from the United States Depart-
ment of Housing and Urban Development for the Bakersfield Retail
Center Project.
This hearing was duly advertised.
Mayor Hart declared the hearing open for public partici-
pation.
Mrs. Mary K. Shell, 2930 - 21st Street, stated during
the Workshop Session there was reference made to the City performing
in some manner in order to qualify and she asked what that meant.
The following persons spoke in opposition to the Proposed
Application for Urban Development Action Grant Funds:
Mr. Jack O'Donnell, Bakersfield citizen.
~4r. Ralph Poehner, property owner in the Redevelop-
ment area.
Bakersfield, California, July 22, 1980 - Page 2
377
Mr. Leo Shamblin, Pioneer Mercantile Company.
Mr. Tom Poor, Taxpayer.
Mr. Mike Munoz, owner of Sinaloa's Restaurant,
910 - 20th Street.
Upon a motion by Councilman Barton, communication from
Bianco, ~eans, Stuart & McBurnie, Attorneys at Law, 1107 Truxtun
Avenue, dated July 22, 1980, objecting to the Proposed Application
for Urban Development Action Grant (UDAG) Funds from the United
States Department of Housing and Urban Development, was received
and ordered placed on file.
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.
Mr. Eugene Jacobs, Special Counsel for the Redevelopment
Agency, in answer to the question asked by Mrs. Shell, stated the
Federal rules state; in order to qualify the applicant must
demonstrate that it has achieved reasonable results in providing
housing for persons of low and moderate income. The second one
referred to is; in order to qualify the applicant must demonstrate
it has achieved reasonable results in providing equal opportunity
housing and employment for low and moderate income persons and
members of minority groups.
~arjorie Freedlander, Attorney in ;~r. Jacob's office,
stated in January the City submitted an application for a deter-
mination of its eligibility to submit a UDGA Application.
Councilman Ratty made a motion to adopt the resolution
authorizing the City's submission to the United States Department
of Housing and Urban Development of an Urban Development Action
Grant (UDAG) Application for funds to assist in economic and
physical revitalization of a portion of the Downtown Bakersfield
Redevelopment Project Area.
Councilman Miller stated he feels the time has come to
stop this project here and now, and for that reason will oppose
the application.
378
Bakersfield, California, July 22, 1980 - Page 3
Councilman Christensen stated he has heard the same
fantasy for the last 5½ years on the hotel project that they have
heard tonight. He wanted Mr. Shamlin to know that there is still
the hope that they might let you down. Councilman Christensen
stated he is bitterly opposed to this City's tax money going to
other cities to help them and he would be willing to vote for the
UDGA funds, if they would build parking for Downtown Bakersfield.
However, he would have to oppose it when they plan to build
parking from tax increments and tax money for a specific little
area at the expense of the rest of the taxpayers. He would hate
to contribute to the Downtown Shopping Center and get it started
because it will kill the rest of Downtown Bakersfield. Councilman
Christensen also stated he would have to vote no because he will
not use tax money to create an exclusive place for people who did
not build it on their own.
Councilman Ratty's motion to adopt Resolution No. 51-80
of the Council of the City of Bakersfield authorizing the City's
submission to the United States Department of Housing and Urban
Development of an Urban Development Action Grant (UDAG) Application
for funds to assist in economic and physical revitalization of a
portion of the Downtown Bakersfield Redevelopment Project Area,
carried by the following roll call vote:
Ayes:
Noes:
Absent:
that in
deciding vote, Mayor Hart voted Aye.
Councilman Christensen requested that the City Attorney
check to see if the Mayor's property at the corner of 19th and
"F" Streets creates a conflict of interest.
Councilmen Means, Ratty, Barton
Councilmen Miller, Strong, Christensen
Councilman Payne
Pursuant to Section 14 of the City Charter, which states
case of a tie vote by the Council, the Mayor shall cast the
379
Bakersfield,
California, July 22, 1980 - Page 4
Assistant City Attorney Oberholzer stated that has been
checked and the property is outside the project boundaries and
therefore is not a conflict of interest.
Councilman Christensen stated he asked Assistant City
Attorney Oberholzer specifically about this matter and he did not
inform him of such and he wants the public to know about it.
ADJOURN~ENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 7:05 P.M.
MAYOR of t~City of~Bakers~ield, Calif.
ATTEST:
of the City of Bakers~i~ California Council
ma
Bakersfield, California, July 30, 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.~., July 30, 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 Miller, Payne, Ratty, Christensen,
Means
Absent: Councilmen Strong, Barton
Minutes of the regular meeting of July 16, 1980 and
special meeting of July 22, 1980, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
~r. Frank Bergon, American Police Hall of Fame - Awards
Committee, presented a ~emorial Flag to Chief of Police Robert
Price to be flown on those occasions when an officer passes away
or is killed in the line of duty and on National Police ~emorial
Day in June. ~r. Bergon presented a "Medal of Honor" to ~rs.
Beverin Vegas, widow of Police Sergeant Patrick D. Vegas who was
killed in the line of duty on June 20, 1980.
City Manager Bergen stated the Public Works Director
recommended that the action on the continued hearing regarding
transit needs in the City of Bakersfield be deferred until September
10, 1980. Mr. Ivo Keyset, General Manager of Golden Empire Transit
District, has indicated that if the hearing is delayed until that
time G.E.T. will have time to hear requests from various groups
regarding transit needs.
Mr. Art Gonzalez, Mexican American Opportunity Foundation -
Senior Nutrition Program, presented a letter to the Council out-
lining the funds needed to meet the transportation needs of senior
citizens to and from their nutritional meal site each day.
Director of Public Works Hawley stated he has met with
various groups during the last few days and they have expressed
an interest in additional transit. G.E.T. has the responsibility
Bakersfield, California, July 30, 1980 - Page 2
and obligation to provide transit needs in the City of Bakersfield.
Before they can respond to these requests they need the information
from the public. It will take G.E.T. a couple weeks to evaluate
the information and come back with a recommendation as to whether
or not they can meet the needs being requested. This material,
plus additional matter G.E.T. has requested, will be evaluated and
they will come back to the City with a recommendation on September
10, 1980.
Councilman Means stated the Council is suppose to take
information and give it to Kern COG to provide a mechanism for
them to assess transit needs.
Mr. Mark Gibb, Transportation Planner for Kern COG, stated
that Kern COG has asked that every City in the County hold a public
hearing to receive testimony on unmet transit needs. It is a
responsibility, under law, that Kern COG make the determination on
unmet transit needs.
City Manager Bergen stated he would question the appropriate-
ness of Kern COG asking the City of Bakersfield to hold a hearing
on unmet transit needs when the residents of the Bakersfield
Metropolitan Area formed the Golden Empire Transit District with
the specific requirement that they meet the transit needs of this
community. It is not fair to ask the City Council to get into an
area the people have decided, by an election, is the responsibility
of G.E.T. It is understandable why Kern COG requested other cities
to ho~d public hearings because they do not have an entity that
meets that need. However, the formation of G.E.T. has taken the
responsibility for transit needs in this community away from the
City Counci~ and Board of Supervisors.
Councilman Miller made a motion that the continued hearing
before the Council of the City of Bakersfield for the purpose of
receiving written and oral testimony regarding transit needs in
the City of Bakersfield, be continued until September 10, 1980.
382
Bakersfield, California, July 30, 1980- Page 3
This motion failed to carry by the following roll call vote:
Ayes: Councilmen Miller, Ratty
Noes: Councilmen Payne, Christensen, Means
Absent: Councilmen Strong, Barton
Upon a motion by Councilman Miller, continued hearing
before the Council of the City of Bakersfield for the purpose of
receiving written and oral testimony regarding transit needs in
the City of Bakersfield, will be held immediately following Council
Statements.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from the Kern County Economic Opportunity Corporation, dated July
17, 1980, indicating their desire to operate the proposed Senior
Citizens Center, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Georgette Theotig, P.O. Box 49, Tehachapi, California, dated July
19, 1980, encouraging the Council to adopt the Task Force's recom-
mendations on energy conservation, was received and ordered placed
on file.
Upon a motion by Councilman Payne, communication from
the City of South Lake Tahoe, California, dated June 17, 1980,
expressing concern regarding the Council's adoption of a resolution
on the preservation of Lake Tahoe, was received and ordered placed
on file.
Upon a motion by Councilman Means, communication from
the Kern County Association of Cities, Inc., dated July 2, 1980,
recommending that the Council appoint two members to work on the
Kern COG Joint Powers Agreement with the County, was received and
Councilmen Means and Ratty were appointed to work on the agreement
with the County.
Upon a motion by Councilman Payne, communication from
the Kern County District Attorney's Association, dated July 25,
383
Bakersfield, California, July 30, 1980 - Page 4
1980, recommending Assistant City Attorney Oberholzer for the
position of City Attorney, was received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
Cornerstone Engineering, Inc., dated July 29, 1980, requesting an
amendment to the General Plan for commercial use of property
located on the southeast corner of Fairfax Road and Freeway 178,
containing 8.17 acres of land, was received and referred to the
Planning Commission for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Eddie Bel~, dated July 23, 1980, requesting annexation of
property located at 2915 Kingsley Lane, containing 1.43 acres of
land, was received and referred to the Planning Commission for
study and recommendation.
In response to a Mailgram from the City of San Bernardino,
California, City Attorney Hoagland stated AB 74, as he understands
it and he has not seen a copy of the bill, would set up a State
Commission to pass on any City's issuance of Industrial or Commercial
Bonds. The City of Bakersfield has never issued those types of
bonds. However, as a Charter City, the City of Bakersfield would
have authority to do so under a proper ordinance granted for that
purpose. AB 74 would take away that power from cities. In order
to issue those types of bonds an application would have to be
submitted to that State Commission. The City of San Bernardino
has requested this City's support of an amendment exempting Charter
Cities from AB 74, because they consider that an intrusion into
local government's powers and authority.
Upon a motion by Councilman Christensen, Mailgram from
the City of San Bernardino requesting support of an amendment to
AB 74, was received and ordered placed on file.
Councilman Miller requested that the City Attorney provide
the Council with an evaluation of AB 74 and amendment at the Council
Meeting of August 13, 1980.
384
Bakersfield, California, July 30, 1980 - Page 5
COUNCIL STATE){ENTS
Upon a motion by Councilman Payne, Resolution in memory
of Police Sergeant Patrick Don Vegas, who was killed in the line
of duty on June 20, 1980, for his many years of service, dedication
and sacrifice for the City of Bakersfield, was approved and the
Mayor was requested to present it to his family on behalf of the
City Council.
Upon a motion by Councilman Means, the State Health
Department was requested to make available and present to the
Council the results of the methods used for the excavation of PCB,
a dangerous chemical, from P. G. & E.'s Service Yard, located at
the corner of White Lane and Wible Road; and also the results of
the tests for PCB in California Water Service Company's water well
in the area.
Councilman Miller made a motion that the staff evaluate
and make recommendations regarding the possibility of delivering
the Council packets on Friday evenings, rather than Monday evenings,
prior to the Wednesday Council Meeting.
Councilman Means requested that the motion include that
items to be placed on the agenda be ready at least one week before
the Council ~eeting.
City Manager Bergen stated the cutoff for agenda items
could be set one week in advance, however, it could cause a great
deal of inconvenience to the public and developers whose items
would have to be held another week before Council action.
Councilman Miller's amended motion that the staff evaluate
and make recommendations regarding the possibility of delivering
the Council packets on Friday evenings, rather than Monday evenings,
prior to the Wednesday Council Meeting and items for the agenda
be ready at least one week before the Council Meeting, was approved.
~ayor Hart presented Margaret Payne, his Secretary, with
a Certificate of Appreciation for l0 years of loyal and conscientious
service to the City of Bakersfield.
Bakersfield, California, July 30, 1980 - Page 6
HEARINGS
This is the time set for continued hearing before the
Council of the City of Bakersfield for the purpose of receiving
written and oral testimony regarding transit needs in the City of
Bakersfield.
The public portion of this hearing was closed at the
Council Meeting of July 16, 1980, and Council action held over
until tonight's meeting.
Mayor Hart reopened the hearing for public participation.
~r. Antonio F. Guerrero, Chairman of the Board of
Directors of Senior Citizens for Progress, stated they are in dire
need of funds, after October 1, 1980, to operate their vans to
transport senior citizens to and from the nutritional meal site
each day.
Mr. Robert Ishikawa, Staff Attorney for Greater Bakers-
field Legal Assistance, requested that the senior citizens, poor,
youth and handicapped persons not be forgotten when unmet trans-
portation needs are considered.
Mr. Robert Ashbeck, President of the Kern Chapter of the
California Association of the Physcially Handicapped, commended the
City, Kern COG and G.E.T. for providing an excellent and successful
"Dial-A-Ride" and "Get-A-Lift" Systems. Mr. Ashbeck requested that
the "Get-A-Lift" System be extended to operate after 7:00 P.M., so
disabled persons can attend social & recreational functions, church
services, club activities, etc.
Ms. Linda Wyatt, representing the Bakersfield Center for
Independent Living, Inc., stated it is crucial that some system, in
Bakersfield, be available that will transport disabled individuals
in the evenings and Sundays.
Jean Redding, representing the Gray Panthers of Bakers-
field, stated there is a need in the Bakersfield area for night-
time and Sunday bus service.
386
Bakersfield,
California, July 30, 1980 - Page 7
Mr. Rosalio Banales, representing a Council of Chicano
Organizations, stated people of low income who are working shifts
and weekends are severely hampered without public transportation
during those times.
No one else indicated a wish to speak and Mayor Hart
closed the public portion of the hearing for Council deliberation
and action.
Upon a motion by Councilman Miller, staff was requested
to send a summary of this hearing to Golden Empire Transit District,
request that any action they take on unmet transit needs for the
City of Bakersfield come back to the Council and action of the
Council deferred until September 10, 1980.
~ayor Hart declared a brief recess at 9:10 P.~. and
reconvened the meeting at 9:15 P.M.
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 11-80 regarding Consultant
for Cost-Revenue Model, as follows:
The Council has referred to this Committee the
matter of selection of a consultant to prepare
a cost-revenue model to be used in evaluating
annexations and developments. Six proposals to
perform this work had been submitted. Members
of the Committee and staff reviewed all pro-
posals and have met with representatives of
five of the firms to discuss their proposals
and models. One firm was unable to attend on
the scheduled date.
It is the recommendation of the Committee and
the staff that the joint venture of Quad
Consultants and ABAG (Association of Bay Area
Governments) be selected. These ogranizations
offer a unique opportunity for the City in that
ABAG has a comprehensive automated cost-revenue
model currently implemented and operational in
five cities and being installed by nearly
twenty (20) others and Quad Consultants' has a
strong background in City government and know-
ledge of the City of Bakersfield. Their model
is most impressive in terms of decision making
ability and flexibility and will be specifically
designed to meet the needs and circumstances
of the City of Bakersfield. In addition, the
consultants will monitor the model for a period
of a year providing assistance and adjustments
when necessary. Adequate funds are budgeted
for the study.
Bakersfield, California, July 30, 1980 - Page 8
887
Upon a motion by Councilman ~eans, Budget Review and
Finance Committee Report No. ll-80 regarding Consultant for Cost-
Revenue ~odel, was accepted; and joint venture of Quad Consultants
and ABAG (Association of Bay Area Governments), were selected to
prepare a cost-revenue model to be used in evaluating annexations
and developments.
Director of Public Works Hawley presented a memorandum,
dated July 28, 1980, regarding Grade Separation at Union Avenue
and 24th Street, as follows:
On July 2, 1980, the City Council referred to
staff for study and recommendation a communi-
cation from Roland S. Woodruff, Attorney for
the Greater Bakersfield Separation of Grade
District, regarding funding for crossing of
the Southern Pacific tracks at Union Avenue
and 24th Street.
Because of the high priority assigned to this
crossing (number ll), State and railroad funds
equal to 90% of the estimated cost of $5,067,000
may be available in the fiscal year 1980-81.
To be eligible for these funds the City must
hold public hearings, select the alternate to
be constructed, enter agreements with the
District, County, State and Railroad and would
be required to guarantee the local share
estimated at $506,700.
F~lnding for the local share creates a problem
at this time. The County has indicated that
they do not have funds available to partici-
pate in the local share. In addition, there
are several major property owners who would be
affected by a grade separation at this location.
The problems of internal traffic movements,
access for retail and industrial customers,
and ingress and egress for truck and railroad
freight car movements would have to be resolved
before an alternate could be agreed upon.
By not proceeding during fiscal year 1980-81
we will have to refile to be reinstated on the
State's priority list and we will be taking
some risk that the project may drop in priority
and not be eligible for future State and rail-
road funding. However, due to the problem of
funding the local share and time required to
resolve problems with the adjacent property
owners, it is my recommendation that we not
proceed on the Union-24th grade separation at
this time.
Upon a motion by Councilman Means, memorandum from the
Director of Public Works, dated July 28, 1980, regarding Grade
388
Bakersfield, California, July 30, 1980 - Page 9
Separation at Union Avenue and 24th Street, was received, ordered
placed on file, copy forwarded to the Board of Supervisors and this
subject is to be placed on the next agenda of the Intergovernmental
Relations Committee.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 7138 to 7353 and
1 to 503, inclusive, in the amount of
$668,570.85.
(b)
Claim for Damages from Three-Way Leasing
Company, P.O. Box 9609, Bakersfield.
(Refer to City Attorney)
(c)
Claim for Damages and Personal Injuries
from Rumaldo Alanis, c/o Dana H. Anderson,
Attorney at Law, 1260 "M" Street, Suite
202, Fresno, California. (Refer to City
Attorney)
(d)
Sewer Line Easement from Container Cor-
portion of America providing the City
with a l0 foot wide easement to operate
and maintain a 12" sanitary sewer adjacent
to 178 Freeway between "P" and "Q" Streets.
(e) Notices of Completion and Acceptance of
Work for:
University Park Grading Improvements,
Contract No. 80-51 with Genkev Construction
Company.
Tract No. 4110, Contract No. 79-157 with
Tenneco Realty Development Cornoration,
located north of Sage Drive between Half
Moon Drive and Wilson Road.
Tract No. 3827 C, Contract No. 79-102
with Casa Linda, Inc., located east of
Stine Road, south of Harris Road.
Tract No. 3977, Contract No. 79-46 with
B. L. Dickinson, Inc., located at Panorama
Drive and Juniper Ridge Road.
Tract Nos. 3974 and 4111, Contract No.
79-45 with B. L. Dickinson, Inc., located
at Suncrest Drive, Shiloh Ranch Road and
Panorama Drive.
Tract No. 3836, Contract No. 77-17 with
Cutbirth-Sill Development Co., located
at Oswell Street and Sill Avenue.
Bakersfield, California, July 30, 1980 - Page l0
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
Application for Encroachment Permit from
Mr. & Mrs. James M. Herring, 401 Balsam
Avenue, for construction of a 6 foot high
chain link fence along back of sidewalk
area on 29th Street at the southeast
corner of "L" and 29th Streets.
Application for Encroachment Permit from
David Michael Hillblom, 1700 St. Clair
Court, for construction of a 6 foot wood
fence along back edge of sidewalk on
South "H" Street adjacent to 1700 St.
Clair Court.
Application for Encroachment Permit from
Richard Foran, 2612 Brunswick Street, for
construction of a 30" high block wall at
back of sidewalk along Burbank Street and
a 36" high wood rail fence at back of
sidewalk along Brunswick Street at north-
east corner of Brunswick and Burbank
Streets.
Plans and Specifications for pavement
reconstruction on Stockdale Highway in
the vicinity of Gosford Road.
Plans and Specifications for construction
of Asphalt Concrete Pavement on Lake Ming
Road between Alfred Harrell Highway to
500' south.
Plans and Specifications for reconstruction
of Monitor Street, south of White Lane.
Plans and Specifications for construction
of Sandra Drive Pump Station Modifications.
Contract Change Order No. i to Contract No.
80-49 with Granite Construction Company
for Storm Drain and Resurfacing on portions
of Inyo Street and Brown Street. This
Change Order is necessary to relocate an
existing sewer line and realign a storm
drain to clear an existing 12" high
pressure gas main. Community Development
funds are available from Account No.
40-192-9400 to do this work. This change
will increase the contract amount $1,840
and increase the total contract amount
from $118,782 to $120,622.
Waiver of bid requirements for Agreement
No. 80-74 with California Water Service
Company providing water service to the
new City Hall Addition. Waiving the
bidding requirements brings the agreement
into compliance with City procedures and
policies.
Waiver of bid requirements for Agreement
No. 80-47 with California Water Service
Company providing for water main installa-
tions to increase fire protection for the
Sunset-Mayflower neighborhood. Waiving
the bidding requirements brings the agree-
ment into compliance with City procedures
and policies.
Bakersfield,
California, July 30, 1980 - Page
Upon a motion by Councilman )~iller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen ~iller,
None
Councilmen Strong,
Payne, Ratty, Christensen, ~eans
Barton
ACTION ON BIDS
Upon a motion by Councilman Payne, bid of Weaver Brick,
Inc., for construction of a 6 foot Slumpstone Block Wall at 4101
Truxtun Avenue (Corporation Yard), was accepted and the ~ayor was
authorized to execute the contract.
Upon a motion by Councilman Christensen, bid of Jim
Alfter for Annual Contract for Canal Liner Repair, was accepted
and the ~{ayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, bid of B.C. Chemicals
for Annual Contract for Water Treatment Chemicals, was accepted
and the ~ayor was authorized to execute the contract.
DEFERRED BUSINESS
Deferral of action on recommendations
from the Charter Review and Advisory
Commission.
This item was held over from the Council ~eeting of July
16, 1980, to allow the Council time to review the information.
Mr. Hugh Sill, Chairman of the Charter Review and Advisory
Commission, thanked Margaret Payne for acting as their secretary
and historian and doing an excellent job. Mr. Sill stated what-
ever the Council's decisions are regarding the recommendations, to
please treat their findings very seriously because a lot of time
was donated to this project. The attendance of members has been
slipping the last 3 or 4 months and there were several times when
a meeting could not be held due to a lack of a quorum.
Councilman Christensen stated the Council has been
derelict in their duty by not checking to see that the persons they
Bakersfield, Cali£ornia, July 30, 1980 - Page
391
appointed to the Charter Review and Advisory Commission were
attending meetings.
Upon a motion by Councilman Ratty, action on recommenda-
tions from the Charter Review and Advisory Commission, was deferred
until the Council Meeting of August 13, 1980, when Councilman
Barton will be present.
Adoption of Ordinance No. 2567 New
Series of the Council of the City of
Bakersfield amending Chapter 3.18 of
the Municipal Code by amending certain
sections and adding others, all in
relation to Compensation for Officers
and Employees of the City of Bakers-
field.
Upon a motion by Councilman Payne, Ordinance No. 2567
New Series of the Council of the City of Bakersfield amending
Chapter 3.18 of the ~4unicipal Code by amending certain sections
and adding others, all in relation to Compensation for Officers
and Employees of the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen ~iller, Payne, Ratty, Christensen, Means
Noes: None
Absent: Councilmen Strong, Barton
Adoption of Ordinance No. 2568 New
Series of the Council of the City of
Bakersfield amending Chapter 7.10 of
the ~unicipal Code deleting the Board
of Charity Appeals and substituting
the City ~anager for issuance of
Permits for Charitable Solicitations.
Upon a motion by Councilman Christensen, Ordinance No.
2568 New Series of the Council of the City of Bakersfield amending
Chapter 7.10 of the ~4unicipal Code deleting the Board of Charity
Appeals and substituting the City ~anager for issuance of Permits
for Charitable Solicitations, was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen ~iller,
None
Councilmen Strong,
Payne, Ratty, Christensen, Means
Barton
392
Bakersfield,
California, July 30, 1980 - Page 13
Councilman Miller requested that the Mayor prepare a
Certificate of Appreciation for the members of the Board of Charity
Appeals and Solicitations and special recognition be given to Dr.
Stephen ~ontgomery who served on this Board for over 30 years.
Adoption of Ordinance No. 2569 New
Series amending Title Seventeen of
the ~4unicipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield commonly
known as 1022, 1024, and 1030 - 8th
Street; and 810 and 814 "N" Street.
The application for this amendment was made by Leo J.
Wilson and would change subject properties from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-O (Commercial and Professional
Office) Zone.
The Planning Commission approved the C-O zoning with the
application of the "D" Design Overlay, approved the Negative
Declaration and found the zoning consistent with the Bakersfield
~etropolitan Area General Plan.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2569 New Series amending Title Seventeen of the
~unicipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
commonly known as 1022, 1024, and 1030 - 8th Street; and 810 and
814 "N" Street, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Christensen, Means
Noes: None
Absent: Councilmen Strong, Barton
Adoption of Ordinance No. 2570 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the ~{unicipal Code
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the southwest
corner of South "H" Street and Panama
Lane; and making findings in connection
with a P.U.D. Zone.
Bakersfield, California, July 30, 1980 - Page 14
393
The application for this amendment was made by Greenland
Development, Inc., and would change subject properties from an MH
(Mobilehome) Zone to a P.U.D. (Planned Unit Development) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2570 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of those certain properties in
the City of Bakersfield located on the southwest corner of South
"H" Street and Panama Lane; and making findings in connection with
a P.U.D. Zone, finding said zoning consistent with the General
were adopted by the following roll call vote:
Plan,
Ayes:
Noes:
Absent:
Councilmen Miller,
None
Councilmen Strong,
Payne, Ratty, Christensen
Barton, Means
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 2211
"E" Street.
The application for this amendment was made by William
Monje and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-O-D (Commercial and Pro-
fessional Office - Architectural Design) Zone.
The Planning Commission approved the C-O-D zoning and
Negative Declaration and found the zoning consistent with the
Bakersfield Metropolitan Area General Plan.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield commonly known as 2211 "E" Street.
394
Bakersfield, California, July 30, 1980 - Page 15
First reading of an Ordinance amend-
ing Title Seventeen of the ~6unicipal
Code of the City of Bakers£ield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the southwest
corner of Ming Avenue and Barrington
Street.
The application for this amendment was made by Jack
Balfanz and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2-D 'Limited Multiple Family Dwelling -
Architectural Design) Zone.
The Planning Commission approved the R-2-D zoning and
Negative Declaration and found the zoning consistent with the
Bakersfield Metropolitan Area General Plan.
First reading was considered given an Ordinance amending
Title Seventeen of the ~4unicipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the southwest corner of ~ing Avenue and
Barrington Street.
Adoption of Resolution No. 52-80 of
the Council of the City of Bakers-
field amending Resolution No. 63-77,
establishing a Records-Retention
Schedule for the Police Department
and approving Destruction o~ Records
in accordance therewith.
This resolution amends the Records-Retention Schedule
previously adopted for the Police Department and approves destruction
of nonsustained complaints against department personnel after a
period of seven (7) years.
Upon a motion by Councilman Christensen, Resolution No.
52-80 of the Council of the City of Bakersfield amending Resolutior.
No. 63-77, establishing a Records-Retention Schedule for the Police,
Department and approving Destruction of Records in accordance
therewith, was adopted by the following roll
Ayes
Noes
Absent
Abstaining:
Councilmen ~4iller,
None
Councilmen Strong,
Councilman Means
Payne, Ratty,
Barton
call vote:
Christensen
Bakersfield, California, July 30, 1980 - Page 16
395
Adoption of Resolution No. 53-80 of
the Council of the City of Bakers-
field, 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.
This resolution calls a public hearing to determine
whether public necessity, health, safety, or welfare require for-
mation of Division 5 and 6 of Underground Utility District No. 2,
which hearing shall be set for August 27, 1980.
Upon a motion by Councilman ~iller, Resolution No. 53-80
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, was adopted by the
Ayes
Noes
Absent:
following roll call vote:
Councilmen Miller,
None
Councilmen Strong,
Payne, Ratty, Christensen, ~4eans
Barton
HEARINGS
This is the time set for continued hearing before the
Council on an Appeal by Troy Childers regarding the revocation of
his permit for towing of vehicles for the City Police Department.
This hearing was continued from the meeting of July 2,
1980, at the request of Mr. Childers' attorney and the City
Attorney's Office.
Mayor I~art declared
pation.
the hearing open for public partici-
Mr. James E. Noriega, Attorney for Troy Childers, rebutted
the complaints and charges against Mr. Childers which led to the
revocation of his permit for towing vehicles for the Police Depart-
ment. The employee responsible for the thefts was prosecuted,
three others who may have been involved were fired and most of the
complaints were unfounded and unsustained.
396
Bakersfield,
California, July 30, 1980 - Page
Mr. Troy Childers, owner of Troy's Towing Service, stated
he has been towing vehicles for approximately 16 years, tows
approximately 3,500 vehicles per month and employs 16 persons.
~r. Childers then outlined and explained the 22 complaints and
charges regarding slow response time, misunderstanding of services
needed, overcharging, thefts from vehicles, not sweeping streets
after accidents, misunderstanding dispatchers call, etc., that
led to the revocation of his permit. ~r. Childers stated he
seriously tries to operate a business conscientiously and requested
that the Council grant him a permit to tow vehicles for the City of
Bakersfield.
Mr. Noriega called the following character witnesses to
testify on Mr. Childers' behalf:
~r. William Ransom, Manager of Troy's Towing
Service.
Mr. Larry Johnson, owner of competitive
business.
Mr. Jim ~anning, owner of Jim Manning Auto
Sales, Jim Manning Recreation Vehicles and
Truck Sales.
Mr. Joe Lewis, owner of Joe's Auto Parts, 1922
North Chester Avenue.
Mrs. Eutha Hicks, 104 East Warren Avenue,
Oildale.
Mr. C. D. Stover, former businessman in same
block as Troy's Towing Service.
~r. Gaylord Harper, Manager of Finance and
Thrift, Oildale.
Dr. Fred Shorr, Optometrist.
Mr. Jay Hershey, )4anager of California Republic
Bank on Olive Drive.
~r. Hubert Dobbs, Real Estate Broker.
Dr. Albert Batista, Practitioner.
Mr. Jerry Wallace.
Mr. Orval W. Cauthon, Superintendent of Edison
School District.
~r. Chuck Boyvin.
Bakersfield, California, July 30, 1980 - Page 18
397
Ayes:
Noes:
Absent:
Mr. William Laramore, Laramore Insurance Agency,
1704 North Chester Avenue.
Mr. Ed Angel.
~r. Ray Hicks, Property Manager Supervisor for
San Joaquin Valley for Chevron and neighbor
of ~r. Childers.
In answer to a question by Councilman Miller, Mr. Noriega
stated Troy's Towing Service is being sold to a member of the Kern
County Sheriff's Department and is in escrow at the present time.
Assistant City Attorney Charles Wilson stated the 22
complaints only involve the people who thought the Bakersfield
Police Department was responsible for the tow trucks or a theft
that occurred while a vehicle was parked in Troy's Towing Service
Yard. ~4r. Childers has been advised numerous time of the violations
and the possibility of suspension if they continued. Mr. Wilson
outlined some of the ~unicipal Code and California Vehicle Code
violations that have occurred. Troy's TowingService was removed
from the California Highway Patrol call list in August, 1978, for
repeated violations.
Chief Price and Lieutenant Kent ~iddleton, Police
Department, answered questions of the Council regarding the Traffic
Division, complaints against Troy's Towing Service and other towing
services on the rotation list.
No one else indicated a wish to speak and ~ayor Hart
closed the public portion of the hearing for Council deliberation
and action.
Upon a motion by Councilman Ratty, revocation of Troy
Childers' permit for towing of vehicles for the City Police
Department, was upheld by the following roll call vote:
Councilmen Payne, Ratty, Means
Councilmen Miller, Christensen
Councilmen Strong, Barton
Councilman Christensen, in clarifying his negative vote,
stated he wanted the record to show he did not think this Council
should have to decide the problem of a dead horse.
398
Bakersfield, California, July 30, 1980 - Page
This is the time set for public hearing before the
Council on an Appeal by J. J. Gianquinto to the decision of the
Planning Commission granting the application of Mason, Wachob &
Associates to obtain approval of Tentative Subdivision Tract No.
4369, Optional Design, affecting those certain properties located
on the south side of Maple Street between Oleander Avenue and "H"
Street.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Subject parcel, as well as adjacent lots, are shown as
Medium-Density Residential on the Land Use Element and zoned R-3
(Limited Multiple Family Dwelling). The proposed Tentative Tract
~ap consists of six condominium building lots and one common lot
on a 9,000 square foot parcel.
Mayor Hart declared the hearing open for public partici-
pation.
Mrs. Marcia Scatena, 1821 ~aple Avenue, representing
several homeowners on Maple Avenue, stated they are not happy
with the present R-3 zoning, which was placed on the area in the
1930's. This street does not provide the right kind of parking
facilities and throughways to accommodate six more units. The
neighborhood is very old and new structures of this kind would
cause more traffic and parking problems.
~iss Mary ~unis, homeowner on ~aple Avenue and repre-
senting Alice Blankenship and Mrs. Laura Munis, stated they are
objecting to the number of units and a triplex would be more
reasonable for this property.
Mr. Ralph Shaw, representing his mother a 45 year resident
of Maple Avenue, stated this is a single family neighborhood estab-
lished in 1909 and it was only zoned R-3 in 1937 because of 4
duplexes that were already there. The lot in question is the only
one left and cramming 6 units, of any size, on it will wipe out the
character of the neighborhood.
Bakersfield, California, July 30, 1980 - Page 20
399
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.
After discussion, Councilman Ratty made a motion to grant
appeal of J. J. Gianquinto and overturn the decision of the
Planning Commission granting the application of Mason, Wachob &
Associates to obtain approval of Tentative Subdivision Tract No.
4369, Optional Design, affecting those certain properties located
on the south side of ~aple Street between Oleander Avenue and "H"
Street, making the finding that the size is not physically suitable
for the type of development. This motion failed to carry by the
following roll call vote:
Councilmen Ratty, Means
Ayes
Noes:
Absent:
Abstaining:
None
Councilmen Strong,
Councilmen Miller,
Barton
Payne, Christensen
Councilman Christensen requested that the record show
that the reason he abstained from voting is because they can build
seven apartments on that lot.
Councilman Payne asked Assistant City Attorney Oberholzer
if it would be proper or legal to introduce a new motion since this
one failed. Councilman Payne did not receive an answer and stated
he would reintroduce Councilman Ratty's previous motion.
Assistant City Attorney Oberholzer stated that cannot
be done without a motion to reconsider, which must be passed first,
then Councilman Ratty's motion could be reconsidered and voted on
again.
Councilman Payne made a motion that the Council reconsider
Councilman Ratty's motion. This motion carried by the following
roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Miller,
None
Councilmen Strong,
Payne, Ratty, Means
Barton
Councilman Christensen
400
Bakersfield,
California,
July 30, 1980 - Page 21
Councilman Ratty made a motion to grant appeal of J. J.
Gianquinto and overturn the decision of the Planning Commission
granting the application of Mason, Wachob & Associates to obtain
approval of Tentative Subdivision Tract No. 4369, Optional Design,
affecting those certain properties located on the south side of
Maple Street
finding that
development.
Ayes
Noes
Absent:
Abstaining:
between Oleander Avenue and "H" Street, making the
the size is not physically suitable for the type of
This motion carried by the following roll call vote:
Councilmen Payne, Ratty, Means
None
Councilmen Strong, Barton
Councilmen Miller Christensen
ADJOURNMENT
There being no further business to
Council, upon a motion
adjourned at 11:45 P.M.
come before the
by Councilman Christensen, the meeting was
ATTEST:
CITY CL~RK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield~ California, August 13, 1980
401
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.~., August 13, 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 Payne, Ratty, Strong, Barton,
Christensen, Means, Miller
None
Minutes of
Absent:
the regular meeting of July 30, 1980 were
approved as presented.
PRESENTATION OF PLAQUE
Mayor Hart presented a plaque to Dr. Stephen Montgomery,
in appreciation of his 34 years of service on the Board of Charity
Appeals and Solicitations. Mayor Hart also presented Certificates
of Appreciation to the members of the Board of Charity Appeals and
Solicitations for their years of service to the City of Bakersfield.
SCHEDULED PUBLIC STATEMENTS
Mrs. Isabell Maldonado, 1812 Julian Avenue, representing
the Downtown Bakersfield Employees Association, protested the in-
crease in parking meter fees that will go into effect on Monday,
August 18, 1980, and also stated the suggestions made in the parking
study should be implemented, in the near future, to help alleviate
some of the parking problems in the downtown area. The downtown
employees requested that the City Council repeal the increase in
parking meter fees and implement a car pool program where two or
more employees using one car will be allowed to park free on City
lots.
After a lengthy discussion, Councilman Christensen made
a motion that Report No. 7-80 from the Business Development and
Parking Committee regarding Downtown Parking Problems be held over
until the next Council Meeting to give the Council the opportunity
to study it. Councilmen Strong, Christensen and ~iller voted in
4O2
Bakersfield, California, August 13, 1980 - Page 2
favor and the motion failed to carry. Councilmen Payne, Ratty,
Barton and ~eans voted in favor of continuing with the report
tonight.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 7-80 regarding Downtown
Parking Problems, as follows:
On July 2, 1980, the Council was given two
petitions signed by various persons working in
the downtown area. The purpose of one petition
was to request the City Council to rescind the
City's order to install parking meters in the
municipal parking lot at 22nd and Eye Streets.
The second petition regarded shortages of
parking spaces for employees in the downtown
area.
The Council is well aware of the parking problems
encountered by employees who work in the down-
town area. The Council is also very well aware
of the lack of customer parking in the downtown
area. This lack of an adequate number of
reasonably priced parking places for customers
is probably the most important single issue
associated with downtown parking problems.
Without these customers, the downtown employees
would not have to scramble for parking places,
or move their cars just one step ahead of the
meter maid, because they would not have jobs.
Over the past two years, the City, through its
Redevelopment Agency, has, among other things,
funded a parking study to investigate various
parking issues and suggest short-term and long-
term solutions. One of these solutions was to
modify the physical layout, restripe the muni-
cipal parking lots, and reasonably increase
parking fees. The increased parking fees will
be used to maintain and improve existing lots,
and to purchase new properties as sufficient
money is made available. The new parking lay-
outs will add approximately 45 parking spaces
and generate additional revenues so that new
facilities can be secured.
Other parking issues being addressed by this
Council at the present time are:
The City is negotiating the purchase of
the one-half block of land on 18th Street,
between H and Eye Streets. The purpose
of this acquisition is to construct a multi-
story parking structure.
The City has been working with Congressman
Thomas' office so that the Federal Govern-
ment's General Services Administration is
made aware of the area's parking problems.
Bakersfield, California, August 13, 1980 - Page 3
On July 24, 1980, the Federal Government's
General Services Administration, by
resolution of the House, was directed to
investigate the feasibility and need for
construction of a parking facility to meet
the needs-of the Federal agencies in the
downtown area. The present Federal offices
on Truxtun and Q, and the Social Security
Office in the Bank of America complex,
provide no parking for their employees, or
for persons using Federal government ser-
vices.
The City recently met with the new firm
that manages the Bank of America complex,
and the resident manager of the Bank of
America to discuss the need for another
level of parking on the K Street garage.
The Redevelopment Agency will be moving
forward in the near future to provide that
additional parking. This is a good example
of the City and downtown employers getting
together to solve our mutual problem; and
very unlike other downtown employers who
refuse to deal with the problem or work
with this committee to solve the parking
dilemma.
The County recently purchased two parcels
of land south of the railroad tracks in
order to provide additional parking for
County employees. (Block 351, and one-half
of Block 352). This acquisition provides
about three times as much parking as that
lost due to the construction of the Justice
Building.
The parking enterprise fund was established
by the Bakersfield Parking Authority in
June, 1976. Income from this fund comes
from metered parking, monthly leased parking,
and monthly rental of two buildings owned
by the City in the downtown area, together
with the associated interest on cash balances.
The present balance in the fund is approxi-
mately $75,000. The use of the fund is
restricted to maintenance, operation and
improvement for downtown parking facilities.
On July 17, 1980, this Committee met with
representatives of those persons who signed the
two, above-mentioned petitions. They represented,
among other, employees of First Federal Savings
and Loan, Crocker National Bank and Pacific
Telephone. This Committee understands their
plight as employees of these firms, and instructed
them to ask their employers to come to the next
meeting to discuss various parking alternatives.
This Committee was told that Pacific Telephone,
who does not provide any parking for employees,
did not wish to participate. When the August 8
meeting was held, First Federal Savings and Loan
stated they would not participate until more
404
Bakersfield, California, August 13, 1980 - Page 4
employers downtown became involved in the pro-
cess. They did not wish to solve the problem
by themselves without more support from other
businesses.
Good examples of businesses not wishing to
become involved in this process follows.
When the Californian was recently contacted for
the number of employees working at their
facility, and the amount of parking provided
by the employer, they refused to divulge any
information to City staff. The Pacific Tele-
phone Company will not, and does not intend,
to participate in solving our mutual parking
problems.
At our first meeting with the petitioners, this
Committee discussed the possibility of providing
sites not too distant from the downtown area
for "Park and Ride" facilities. The City is
willing to lease and/or develop "Park and Ride"
sites in concert with the following potential
sources of financial assistance.
Golden Empire Transit District whose short-
term transit study indicates support for
the "Park and Ride" concept.
California Department of Transportation
who also can assist with their "Share the
Ride" concept.
3. The Federa/ Government's "Van Policy"
program.
Each of these programs offers a method to
alleviate the downtown parking problems of the
employees and consequently the employers. But
without the assistance and collective partici-
pation of businesses who wish to solve the
problem, it will never go away, or be success-
ful.
This Council can only do so much by itself. It
needs the concerted assistance and active par-
ticipation of downtown businesses.
In conclusion, this Council via this Committee
is willing to meet any time, any place, with
representatives of the employees' organizations
and the employers. In order to solve our mutual
problems we must also recognize that it will
take time to solve the problems. Without a
greater portion of the major employers being
involved in the process, this Council cannot
successfully solve the problems to the mutual
advantage of all.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 7-80 regarding Downtown Parking
Problems, was accepted.
Bakersfield, California, August 13, 1980 - Page 5
405
Councilman Barton made a motion that the new parking
meter fee schedule for parking lots be deferred until at least twe
weeks after the settlement of the Golden Empire Transit District
strike.
Councilman Miller stated if the justification and
rationale were present several months ago to enact an ordinance
raising the parking meter fees then it would be wrong to postpone
it regardless of the pressure being put on the Council. If the
fees are postponed Councilman Miller indicated he would, in the
future, vote against reinstating them.
Councilman Strong requested that the new parking meter
fees be deferred 120 days or until some of the items mentioned in
the Business Development and Parking Committee report are investi-
gated and items pending in regards to the downtown shopping center
are clearer.
During a lengthy discussion, Councilman Means offered a
substitute motion that the City Manager be instructed to set the
parking meter fees at 5~ per 1 hour. This motion carried by the
following roll call vote:
Ayes: Councilmen Strong, Christensen, Means, Miller
Noes: Councilmen Payne, Ratty, Barton
Absent: None
City Manager Bergen stated there are two lots without
parking meters and he intends to leave them that way unless other-
wise directed by the Council.
Mrs. Maldonado requested that when the $1.00 parking
meter fee is reinstated that a notice be posted in the public
parking lots so people will be aware of what is happening.
Upon a motion by Councilman Barton, the Council's Kern
COG representative was requested to find out, at the next Kern COG
Meeting, the process the Council must go through to obtain a Cal
Trans' grant for the "Share-A-Ride" Program.
406
Bakersfield, California, August 13, 1980 - Page 6
City ~lanager Bergen requested that the record show that
the County of Kern charges their employees something for parking.
Mayor Hart declared a brief recess at 9:30 P.M. and
reconvened the meeting at 9:35 P.~.
Mr. Bill Pierson, Chief Shop Steward for employees of
the Golden Empire Transit District, reviewed the circumstances
surrounding the strike of G.E.T. employees and requested Council
support to bring this situation to a quick settlement.
Councilman Strong stated he recognizes that the Council
does not have formal jurisdiction over the G.E.T. Board members,
but he would like to see a solution to the strike even if it's only.
an interim solution. There will not be a solution unless everyone
involved will sit down and talk and he would like to encourage the
people involved to do that.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Associated Automatic Fire Protection Company, 310 - 30th Street,
dated August 6, 1980, regarding their Sprinkler Systems Inspection
Service, was received, ordered placed on file and referred to staff.
Upon a motion by Councilman Christensen, communication
from R. S. Holden, Kern County Administrative Officer, dated August
7, 1980, regarding continuation of the City's representation on the
K.C.E.O.C. Board of Directors, was received, ordered placed on file
and referred to the Intergovernmental Relations Committee.
Upon a motion by Councilman Means, communication from
the City of Sacramento, dated August 7, 1980, regarding the Equal
Rights Amendment and the selection of Atlanta, Georgia, as the site
for the 1980 Congress of Cities, was received and ordered placed on
file.
Upon a motion
Dow, Lohnes & Albertson,
on behalf of Bakersfield Cable TV,
by Councilman Strong, communication from
1225 Connecticut Avenue, Washington, D.C.,
Inc., notifying the Council of
Bakersfield, California, August 13, 1980 - Page 7
4O7
the termination of the earlier proposed merger of Cox Broadcasting
Corporation and General Electric Company, was received and ordered
placed on file.
COUNCIL STATEMENTS
Councilman Ratty stated the Business Development and
Parking Committee has been maligned tonight and he would like to
commend them for their hard work and fine job on the downtown
parking problems.
Councilman Payne requested that the staff not deliver
his agenda until Monday evenings when the packet can contain
sufficient information to make accurate decisions.
Councilman Miller stated the Council should discuss the
criteria by which the position of City Attorney will be filled.
Councilman Ratty suggested that the Council recess to
an Executive Session at the end of tonight's meeting to discuss
the qualifications of a candidate for the City Attorney's position.
Councilman Strong made a motion that the question of the
criteria that will be used to fill the position of City Attorney
be referred to the Governmental Efficiency and Personnel Committee
for study and recommendation back to the Council by the Council
Meeting of August 27, 1980. After considerable discussion this
motion carried by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen
Noes: None
Absent: None
Abstaining: Councilmen Payne, Miller
REPORTS
Jim Gilchrist, Community Development and Housing Coordi-
nator, reported that approximately one month ago a resolution of
intent to issue Housing Bonds was passed and since that time a
number of communications have been received from various Mortgage
Bond Underwriters. The staff would like to recommend that the
communications be referred to the Budget Review and Finance Committee
for study and recommendation back to the Council.
4O8
Bakersfield, California, August 13. 1980 - Page 8
Upon a motion by Councilman Means, communications from
various Mortgage Bond Underwriters regarding Housing Bonds was
referred to the Budget Review and Finance Committee for study and
recommendation back to the Council.
CONSENT CALENDAR
The
(b)
following items were listed on the Consent
Allowance of Claims Nos. 504 to 845,
inclusive, in the amount of $604,397.72.
Claim for Damages from Russell Lee, 1230 -
18th Street, Bakersfield. (Refer to City
Attorney)
Calendar:
(c)
Claim for Damages from Gre§ Robinson,
North Hill Street, Arvin, California.
(Refer to City Attorney)
435
(d)
Street Right-of-Way Deed from Southland
Corporation providing a property return
at northeast corner of the intersection
of White Lane and Akers Road.
(e)
Street Right-of-Way Deed from Highland
Real Estate Corporation for unconstructed
portion of Panorama Drive between Christmas
Tree Lane and Meadow Vista Street.
(f)
Alleyway Easement from Tenneco Realty
Development Corporation providing for a
"cutoff" corner at the intersection of
two alleys proposed for Tract No. 4364,
located east of North Laurelglen Boulevard
and south of Hilton Head Way.
Corporation Grant Deed from Covington
Brothers Technologies providing for a
stormwater recharge basin to serve Tract
No. 4004, located east of South "H"
Street and south of Pacheco Road.
(h) Notices of Completion and Acceptance of
Work for:
A.C. Pavement on Wilson Road between
South "H" Street and South Chester Avenue,
Contract No. 80-92 with Granite Construction
Company.
Storm Drain and Resurfacing on portions
of Inyo Street and Brown Street, Contract
No. 80-49 with Granite Construction Co.
A.C. Pavement on portions of Half Moon
Drive and White Lane, Contract No. 80-94
with Granite Construction Company.
Bakersfield~ California, August 13, 1980 - Page 9
409
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by
the following roll call vote:
Ayes: Councilmen Payne, Strong, Barton, Christensen, Means,
Miller
Noes: None
Absent: Councilman Ratty
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
Granite Construction Company for paving and realignment of Lake
Ming Road at Alfred Harrell Highway, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, 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 purchase ten portable stages and enclosure drapes for a total
of $15,043.52 from SICO Incorporated.
Upon a motion by Councilman Miller, bids of Moore
Recreation (9 items) and Hatch & Associates (2 items) for Playground
Equipment, were accepted and all other bids rejected.
Upon a motion by Councilman Barton, low bids of Floyd's
Stores, Inc., (14 items) and Valley Office Supply Company (3 items)
for Office Furniture for new Water Department Building, 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 a Forensic Microscope for the Police
Department with American Optical Corporation.
DEFERRED BUSINESS
Deferral of action on recommendations
from the Charter Review and Advisory
Commission.
This item was held over from the Council Meeting of July
30, 1980.
410
Bakersfield, Cali£ornia, August 13, 1980 - Page 10
Upon a motion by Councilman Barton, action on recom-
mendations from the Charter Review and Advisory Commission, was
deferred until the Council Meeting of August 27, 1980, in order
to allow staff time to contact the Commission to determine what
remains to be reviewed in the Charter and provide information as
to deadlines for action on this information for the March, ~981
election.
Adoption of Ordinance No. 2571 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the southwest corner o~ Ming Avenue
and Barrington Street.
The application £or this amendment was made by Jack
Balfanz and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zone.
The Planning Commission approved the R-2-D zoning,
approved the Negative Declaration and found the zoning consistent
with the Bakersfield Metropolitan Area General Plan.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2571 New Series amending Title Seventeen of the
~unicipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the southwest corner of Ming Avenue and Barrington Street, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen,
Miller
Noes: None
Absent: Councilman Means
Adoption of Ordinance No. 2572 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 2211 "E" Street.
Bakersfield, California, August 13, 1980 - Page ll
411
The application for this amendment was made by William
Monje and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-O-D (Commercial and Professional
Office - Architectural Design) Zone.
The Planning Commission approved the C-O-D zoning,
approved the Negative Declaration and found the zoning consistent
with the Bakersfield Metropolitan Area General Plan.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2572 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 2211 "E" Street, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Strong, Barton, Christensen,
Councilmen Payne, Ratty,
Means, Miller
None
None
Ayes:
Noes:
Absent:
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Title 18 to the Municipal
Code of the City of Bakersfield
relative to Public Works and Improve-
ments and adding Chapter 18.04 there-
to, establishing City of Bakersfield
Maintenance District Procedure.
This proposed ordinance would establish a procedure for
the formation and operation of Maintenance District, providing
for payment of expenses for maintaining public improvements; such
as, landscaping median strips and parks. Such expenses would be
paid from assessments apportioned among parcels in the district on
the basis of benefit to the property owner. The procedure would
enable the affected owners to be benefited by maintenance of
improvements not otherwise fully furnished by the City.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Title 18 to the Municipal
Bakersfield, California, August 13, 1980 - Page 12
Code of the City of Bakersfield relative to Public Works and
Improvements and adding Chapter 18.04 thereto, establishing City
of Bakersfield Maintenance District Procedure.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties in the City of Bakersfield
commonly known as 1001 through 101?
Pacheco Road; and making findings in
connection with a P.U.D. Zone.
The application for this amendment was made by Vic
Taormina, Inc., and would change subject property from an R-2-D
(Limited Multiple Family Dwelling - Architectural Design) Zone to
a P.U.D. (Planned Unit Development) Zone.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
those certain properties in the City of Bakersfield commonly known
as 1001 through 1017 Pacheco Road; and making findings in connection
with a P.U.D. Zone.
Approval of Grant Agreement with
Department of Housing and Urban
Development for 1980-81 Community
Development Block Grant Program.
On May 7, 1980, the City Council approved the 1980-81
Community Development Block Grant (CDBG) Application and authorized
its submission to the Department of Housing and Urban Development
(HUD), who has reviewed and approved the application. In order
for the funds to be released a grant agreement must be executed.
Upon a motion by Councilman Strong, Grant Agreement with
the Department of Housing and Urban Development for 1980-81
Community Development Block Grant Program, was approved and the
City Manager was authorized to execute same.
Approval of Grant Agreement with the
Economic Development Administration
for Fairhaven Industrial Water System.
Bakersfield, California, August 13, 1980 - Page 13
413
In April, 1980, an application for $625,000 for the
Fairhaven Industrial Water System was submitted to the Economic
Development Administration (EDA), which has reviewed and approved
the application. In order for funds to be released a grant agree-
ment must be executed and submitted to EDA no later than August
25, 1980.
Upon a motion by Councilman Payne, Grant Agreement with
the Economic Development Administration for Fairhaven Industrial
Water System, was approved and the Mayor was authorized to execute
same.
Council,
adjourned at
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
10:25 P.~.
MAY~)R~oY the City of Bakersfield, Calif.
ATTEST:
_
of the City of Bakerff'~ California Council
ma
Bakersfield, California, August 27, 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., August 27, 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.
Absent: None
Councilmen Ratty, Strong, Barton,
Means, Miller, Payne
Christensen,
Minutes of the regular meeting of August 13, 1980 were
approved as corrected
SCHEDULED PUBLIC STATEMENTS
Miss Leslie Wasser and Yogi Bear,
of the Ice Capades, extended an invitation
to attend opening night of the Ice Capades
Advance Representatives
to the Mayor and Council
at the Civic Auditorium
on Thursday, August 28, 1980.
CORRESPONDENCE
City Manager Bergen read the following letter into the
record:
August 27, 1980
Honorable Mayor and Members of City Council
City of Bakersfield
After long and careful consideration, I have
decided to retire from the City Management pro-
fession. My employment with the City has extended
for some 25 years, starting with the position of
Engineer II, continuing as City Engineer/Director
of Public Works, with the last fifteen years as
City Manager.
I could not begin to enumerate all of the
accomplishments that have been achieved by the
City during these 25 years. Nevertheless, I
would like to mention several achievements that
I am especially proud of, e.g., the organization
and implementation of an effective city adminis-
tration, the purchase of the Kern River water
rights, and the beginning of redevelopment of
the downtown business district are three
significant examples. The latter two are more
noticeable and will probably endure longer,
however they would not have been possible with-
out the high caliber employees and outstanding
management team of the City of Bakersfield.
Bakersfield, California, August 27, 1980 - Page 2
415
I have enjoyed being City Manager and have been
proud to serve Bakersfield in that capacity.
The high level and responsive service to the
community, the record of growth and accomplish-
ments of the City during this period speaks for
itself.
I feel now is an appropriate time to change
direction of my career. Therefore, in accordance
with Agreement No. 74-68, this letter is formal
notification of my intent to retire from the
City of Bakersfield, effective December 27, 1980.
Respectfully submitted,
H. E. BERGEN
City Manager
Upon a motion by Councilman Ratty, communication from
City Manager H. E. Bergen submitting his resignation, effective
December 27, 1980, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Louis H. Ravin, Deputy Director of Senior Aides Program, dated
August 8, 1980, regarding funding from the City of Bakersfield in
order to continue operating the Senior Aides Project in the City,
was received, ordered placed on file and referred to staff.
Upon a motion by Councilman Payne, communications from
John Brock, St., Chairman of the Board of Brock's Department Stores,
George Xezonatos, owner Vest Drug, Inc., Rayburn S. Dezember, Jim
Burke, President of Jim Burke Ford, Downtown Business Association,
Roy J. Gargano, Attorney at Law, Joseph Noriega, Judge of Superior
Court, George F. Martin, Managing Partner for the law firm of
Borton, Petrini and Conron, and Ted Fritts, Co-Publisher/Editor of
the Bakersfield Californian, recommending Assistant City Attorney
Richard Oberholzer for the position of City Attorney, was received
and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Nancy Ann Dunn, 2721 Scott Place, Art Teacher and Free Lance Artist,
dated August 9, 1980, offering her services on the Downtown
Redevelopment Project, was received, ordered placed on file and
referred to the Redevelopment Agency.
416
Bakersfield, California, August 27, 1980 - Page 3
Upon a motion by Councilman Ratty, communication from
William Jing resigning from the Miscellaneous Departments Civil
Service Board, was received, ordered placed on file and the Mayor
was requested to send a letter of appreciation for his many years
of service to the City.
Upon a motion by Councilman Means, communication from
the Kern County Housing Authority, dated August 27, 1980, regarding
funding request for Article 34 Referendum, was received and referred
to the Budget Review and Finance Committee for study and recom-
mendation.
COUNCIL STATEMENTS
Councilman Payne commented on the tremendous increase in
Pacific Gas & Electric bills and stated since they have apparently
failed to make allowance for those on limited or fixed incomes,
the Council should question whether the increases are fair and
reasonable. Since all the facts have to be taken into consideration,
and apparently they have not been, and the Council, as a political
body, can request a Public Utilities Commission hearing locally,
Councilman Payne requested that the City Attorney investigate and
report back to the Council the proper procedure to follow regarding
holding a hearing in Bakersfield before the Public Utilities Com-
mission. Councilman Payne stated he believes it is Complaint
Procedure No. 9 of the Public Utilities Commission rules.
Mr. Donald Kurtz stated, as a concerned citizen, he
would like to reiterate what Councilman Payne said about the Pacific
Gas & Electric Company's bills
investigate the possibility of
field to obtain some answers.
and requested that the Council
holding a P.U.C. hearing in Bakers-
Councilman Means stated he has had numerous calls about
high utility bills and also the structure of the bill. There is
a special rate that was suppose to be allocated to central valley
residents who have either air-conditioning or swamp coolers. People
who are not on this rate have had a very difficult time obtaining it.
Bakers£ield, California, August 27, 1980 - Page 4
417
In addition to Councilman Payne's request he would like to request
that a report be made to the Council at the meeting o£ September
10, 1980, by P. G. & E. regarding the following:
1. Outline the special rate available for
people with air-conditioning and swamp
coolers in Kern County.
What is P. G. & E.'s policy on who is
eligible for the special rate?
What effort has P. G. & E. made to see
that everyone who is eligible receives
the special rate?
Are those payments retroactive to May l,
1979 or May 1, 1980, when people became
eligible for the special rates?
Councilman Means read a letter from Miss Beverly Meyers,
Director of the State Department of Health Services, responding to
a letter from Councilman Means regarding the burial of PCB in
Pacific Gas & Electric Company's yard located at the corner of White
Lane and Wible Road.
Mr. Bob McCormick,
Materials Management Section,
stated the cleanup should be
State Department of Health, Hazardous
explained how the PCB was found and
completed by September 5, 1980. The
tests he conducted this week show that there are not any new PCB's
in the area.
Councilman Means requested that the Public Works Director
report back to the Council on a Winter Tree Spraying Program.
Councilman Barton announced that the Business Development
and Parking Committee will be holding a public meeting on Wednesday,
September 3, 1980, at 8:00 P.~., in the Council Chambers of City Hall
to discuss the following:
1. Committee's position on parking fees and
leases for parking lots.
2. Satellite parking facilities.
3. Dial-A-Ride Program.
4. Federal Share-A-Ride Program.
5. Golden Empire Transit District Terminal.
6. Federal Department of Transportation Program.
418
Bakersfield, California, August 27, 1980 - Page 5
Mr. Jim Bozarth, Pacific Gas & Electric Company, com-
mented on P. G. & E.'s rates and cleanup of the PCB and stated he
would be happy to help arrange a Public Utilities Commission hearing
to be held in Bakersfield.
Upon a motion by Councilman Miller, the IntergovernmentaSL
Relations Committee was requested to draft an ordinance, in co-
operation with the County of Kern, that would require individuals
to pay the expenses incurred for rescue or recovery operations from
the Kern River.
Councilman Strong made a motion that the Council recess
to an Executive Session, to discuss a personnel matter, immediately
following the last item on tonight's agenda. This motion was
unanimously approved.
REPORTS
Director of Public Works Hawley presented a memorandum,
dated August 22, 1980, regarding Traffic Problems along Real Road,
as follows:
Attached is a report from the Traffic Engineer
regarding traffic problems along Real Road.
This report is in response to the Council's
request at the June 4, 1980 Council Meeting.
During the last few years we have implemented
numerous short range improvements along Real
Road but traffic volumes, speeds and accidents
continue to be a concern of the property owners
living in the vicinity of Real Road between
Stockdale Highway and Palm Street.
Since one half of the accidents along this
section of Real Road can be attributed to
parking or parked vehicles, I recommend as a
short range solution, that a public meeting
be held to consider removal of parking along
the east side of the street.
For a long range improvement, I recommend that
we continue working with the County and State
to install on and off ramps at the Freeway
58/99 interchange to provide connections to
Stockdale Highway. Also that we work with the
State to improve the traffic signal system
along Oak Street to provide an attractive north/
south route.
Upon a motion by Councilman Strong, memorandum from the
Director of Public Works, dated August 22, 1980, regarding Traffic
Problems along Real Road, was received and ordered placed on file.
Bakersfield, California, August 27, 1980 - Page 6
419
Councilman Means made a motion that the following alter-
native solutions listed in a memorandum from Jerry L, Hahs, Traffic
Engineer, to J. Dale Hawley, Director o£ Public Works, dated August
21, 1980, regarding Traffic Problems along Real Road, be approved:
5. Improve traffic signal systems along Oak
Street to provide an attractive alternate
north/south route.
7. Install channelization islands at the
Stockdale Highway/Real Road intersection
to prohibit northbound thru, southbound
thru and eastbound to northbound left turn
movements. Kern County has jurisdiction
over this intersection and any changes
would require their approval. Traffic
would be shifted to other residential
streets such as Garnsey and Montclair
if these changes are made.
Councilman Miller offered a substitute motion that the
alternate solutions for Real Road be postponed until the staff can
provide the Council with a report on the impact this would have to
businesses in the area and the cost to complete the modifications.
Councilman Strong requested that Councilman Means include
in his motion that the staff provide the report requested by
Councilman Miller at the Council Meeting of September 10, 1980.
Director of Public Works Hawley stated the staff could
proceed with Alternatives 5 and 7, because there are several items
that must be done prior to commencing with the physical construction,
at which time the staff would have to come back to the Council.
Councilman Miller stated he would withdraw his substitute
motion if the original motion contained a proviso that prior to
any money being expended this item come back to the Council for
approval and concern be given to the impact this would have on
businesses in the area.
Councilman Means' original motion, including the provisions
that prior to any money being expended this item come back to the
Council for approval and concern will be given to the impact this
would have on businesses in the area, was unanimously approved.
420
Bakersfield, California, August 27, 1980 - Page 7
Upon a motion by Councilman Means, the Public Works
Director was requested to work with the County of Kern to coordinate
the signals along Oak Street.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 9-80 regarding New
Positions, Reclassifications and Title Changes, as follows:
The Governmental Efficiency and Personnel Com-
mittee met recently to evaluate department head
requests and the City Manager's recommendations
regarding new positions and reclassifications.
Attached to this report is a memorandum from the
City Manager regarding these requests. As
pointed out in his memorandum, the various
department heads originally requested 77 new
positions and 26 reclassifications which total
nearly i and 3/4 million dollars. After care-
ful consideration, the staff with the coopera-
tion of the department heads was able to adjust
these figures down to 29 new positions and 12
reclassifications. The total cost for the
remainder of this year would be $613,500.
After careful consideration of these requests,
the Governmental Efficiency and Personnel Com-
mittee is in favor of all of the Manager's
recommendations, however, based on the rapid
growth this City has undergone in recent years
and the current backlog of projects we are
further recommending one additional Assistant
Planner as outlined on Page 4 of the attached
memo and one Engineer Technician I and one
Engineer II as outlined on Page 24.
The Governmental Efficiency and Personnel
Committee's recommendations for Fiscal Year
1980-81 are therefore as follows:
FIRE AND DEVELOPMENT SERVICES
3 New positions of Fire Battalion Chief -
Annual Cost $181,547.
2. 2 New positions of Planning Technician
Annual Cost $42,006.
3. i New position of Assistant Planner -
Annual Cost $25,045.
4. Reclassify Fire Alarm Superintendent to
Trades Assistant - Savings of $11,371.
5. Reclassify 2 Planning Technicians to
Assistant Planners - Annual Cost $3,039.
POLICE DEPARTMENT
2 New positions of Clerk-Typist II -
Annual Cost $27,945.
2. 4 New positions Detectives - Annual Cost
$131,826.
Bakersfield, California, August 27, 1980 - Page 8
42i
o
2.
3.
4.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
2 New positions of Police Officer (over-
fill) - Annual Cost $50,728.
3 New positions of Telecon~nunicator I -
Annual Cost $54,910.
AGRICULTURAL WATER DEPARTMENT
1 New position of Assistant Water Manager -
Annual Cost $51,146.
CITY MANAGER'S DEPARTMENT
i New position of Clerk-Stenographer II
Annual Cost $13,551.
PUBLIC WORKS DEPARTMENT
1 New position of Business Manager -
Annual Cost $27,825.
2 New positions of Traffic Painter I and
Traffic Painter II - Annual Cost $53,394.
1 New position of Engineer III- Annual
Cost $34,136.
1 New position of Engineer II and 1 New
position of Engineer Technician I
Annual Cost $53,452.
2 New positions of Engineer Technician I -
Annual Cost $58,994.
2 New positions of Engineer Aide I -
Annual Cost $39,064.
I New position of Utility Worker - Annual
Cost $14,551.
1 New position of Maintenance Craft Worker I
- Annual Cost $21,685.
1 New position of Park Maintainer - Annual
Cost $16,599.
Reclassify 2 Maintenance Craft Worker I's
to Maintenance Craft Worker II's - Annual
Cost $2,447.
Reclassify 2 Sanitation Worker II's to
Sanitation Worker III's - Annual Cost $1,590.
Reclassify 1 Light Equipment Operator -
Streets to Heavy Equipment Operator -
Streets - Annual Cost $1,177.
Change the title of Wastewater Supervisor
I to Supervisor II (Wastewater).
Change the title of Wastewater Supervisor
II to Supervisor III (Wastewater).
Reclassify 1 Supervisor II to Supervisor
III (Wastewater) - Annual Cost $1,829.
422
Bakersfield, California, August 27, 1980 - Page 9
The total annual cost for these new positions,
reclassifications and equipment is $897,115,
however, for Fiscal Year 1980-81 it will be
approximately $700,000.
In order to effectuate these changes the
Governmental Efficiency and Personnel Committee
is recommending Council approval of this report,
the attached resolution and job specifications.
Councilman Strong made a motion that Governmental
Efficiency and Personnel Committee Report No. 9-80 regarding New
Positions, Reclassifications and Title Changes, be accepted; and
recommendations as outlined in the report, be approved.
Councilman Means stated he is concerned that the Council
does not have a clear understanding of where the money will come
from next year to fund all these positions, plus new requests. The
City is having a study conducted regarding the cost of development
and how much that adds to services and staffing, and until the
Council takes a position on what will be done so items like the
Garbage Tax does not have to be reinstated, etc., he would offer
a substitute motion that only Items 2 and 3 in the Fire & Develop-
ment Services Department be approved.
Assistant City ~anager-Finance Kelmar stated he does
not foresee any major problems in the City being able to finance
the new positions.
City Manager Bergen stated it is very important for the
Council to understand that if they do not see fit to approve sub-
stantially what the Governmental Efficiency and Personnel Committee
recommended the Council will be voting for a reduction in the present
level of services to the citizens of this community. The citizens
of this community will feel those reductions in services before the
end of this fiscal year.
Councilman Means' substitute motion that only Items 2
and 3 in the Fire & Development Services Department be approved,
failed to carry. Councilmen Ratty, Strong, Barton, Christensen,
Miller and Payne voted in the negative on this motion.
Bakersfield, California, August 27, 1980 - Page
423
Councilman Strong's motion that Governmental Efficiency
and Personnel Committee Report No. 9-80 regarding New Positions,
Reclassifications and Title Changes, be accepted; and recommenda-
tions as outlined in the report, be approved, carried by the
following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Miller,
Payne
Noes: Councilman Means
Absent: None
Adoption of Resolution No. 54-80 of
the Council of the City of Bakers-
field amending Resolution No. 42-80,
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 54-80
of the Council of the City of Bakersfield amending Resolution No.
42-80, setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Miller,
Payne
Noes: Councilman Means
Absent: None
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 12-80 regarding Housing Bonds,
as follows:
On August 13, 1980 the City Council referred
written communications from various mortgage
bond underwriters regarding housing bonds to
the Budget Review and Finance Committee for
study and recommendation. Subsequently in two
meetings, the Committee listened to personal
presentations from four underwriting firms.
At this time, although some preliminary dis-
cussion has taken place, the Committee is not
yet ready to make any recommendations on the
issuance of housing bonds or selection of an
underwriting firm.
However, all the firms did state that one of
the first steps in the process is to conduct
a housing feasibility study to determine l)
market conditions, 2) capacity of local financial
424
Bakersfield, California, August 27, 1980 - Page ll
institutions for mortgage originations, and
3) the size of bond issue which the first two
factors can support. Names of four or five
companies which conduct such studies were also
provided.
The Budget Review and Finance Committee is
recommending that a housing feasibility study,
taking from 3 to 6 weeks, be instituted
immediately. This recommendation is made
since the Council is not ready to commit to
the sale of bonds without further information
and, if a subsequent housing bond issue is
authorized, such a study is necessary to secure
an acceptable rating for the bonds. Funds for
the study, not to exceed $25,000 are available
from the Council Contingency Funds. Should
housing bonds be issued in the future, the
cost of the study can be reimbursed out of the
bond proceeds.
THEREFORE, IT IS RECOMMENDED THAT:
Sta£f be authorized to contract with a
nationally recognized firm to conduct a
housing feasibility study, at a cost not
to exceed $25,000;
2. That funds for the study be allocated from
the Council Contingency Fund; and
That staff be directed to gain information
on other funding mechanisms which can be
used in support of the provisions of afford-
able housing.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 12-80 regarding Housing Bonds, 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. 846 to 1253,
inclusive, in the amount of $1,381,806.87.
(b)
Two Claims for Damages and Personal
Injuries from Rand T. Delcid, Star Route
1, Box 551, Highline Road, Tehachapi,
California. (Refer to City Attorney)
(c)
Claim for Damages from Automobile Club of
Southern California on behalf of Howard
Murphy, 1312 Reese Avenue, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Damages and Personal Injuries
from Betty Joy Peugh, 1314 Woodford Road,
Tehachapi, California. (Refer to City
Attorney)
Bakersfield, California, August 27, 1980 - Page 12
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
Claim for Damages from Christina M.
Kalbaugh, 7328 Outingdale Drive, Bakers-
field. (Refer to City Attorney)
Grant Deed from Tenneco West, Inc.,
providing necessary right-of-way for
construction of Gosford Road between
Truxtun Avenue and the Kern River,
located approximately 3/4 mile north of
Stockdale Highway.
Easement from the City of Bakersfield to
Pacific Gas and Electric Company for the
relocation of electrical facilities along
the Kern River near the north end of Oak
Street.
Sewer Line Easement from Joe E. McGill
for a Sanitary Sewer Pipeline to serve
Tract No. 4226, located north of Panama
Lane and east of South "H" Street.
Sewer Line Easement from M.T.L. Develop-
ment Company for a Sanitary Sewer Pipe-
line to serve Tract No. 4226, located
north of Panama Lane and east of South
"H" Street.
Easement from Richard S. Moberg for
ingress, egress and road purposes as
required as a condition for approval of
Parcel Map No. 5221, located approximately
1,000 feet north of White Lane and extends
from Union Avenue to 292 feet east.
Storm Drain Easement from Francis B.
Sullivan providing right-of-way between
the intersection of Columbus Street and
Wenatchee Avenue and State Freeway 178.
Map of Tract No. 4195 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of Ming
Avenue and east of Gosford Road.
Notice of Completion and Acceptance of
Work on construction of University Park
Irrigation System, Contract No. 80-120
with Pacific S.W. Landscaping.
Notices of Completion and Acceptance of
Work for:
Parcel Map No. 5570, Contract No. 79-138
with Dean Gay Realty, located at Harris
Road and Marin Street.
Tract No. 4162, Contract No. 79-66 with
The Mobilhome Corporation, located at
Catalina Street and San Miguel Street.
Tract No. 3972 (B), Contract No. 79-78,
with Developers Management Services, Inc.,
located at Pacheco Road and Stine Road.
426
Bakersfield, California, August 27, 1980 - Page 13
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
Tract No. 4183, Contract No. 79-144 with
Klassen & Elison, located at Chester Lane
and Real Road.
Construction of Sanitary Sewer in Weill
Park, Contract No. 80-95 with G.C.A.
Construction.
Plans and Specifications for resurfacing
South Real Road between Ming Avenue and
Oro Vista Avenue.
Plans and Specifications for construction
of street improvements on Camden Street,
Russell Way and Panorama Drive.
Application for Encroachment Permit from
Argus D. Turner, 2613 E1Berrendo Avenue,
for construction of a 6 foot high block
fence along back of sidewalk on E1
Potrero Lane at southwest corner of E1
Berrendo Avenue and E1Potrero Lane.
Application for Encroachment Permit from
Richard and Diane Foran, 2612 Brunswick
Street, for construction of a 6 foot high
fence at back of sidewalk along Burbank
Street at northeast corner of Burbank
Street and Brunswick Street.
Application for Encroachment Permit from
Dorothy Mae Hill, 608 South Brown Street,
for construction of a 4 foot high brick
and wrought iron fence along back of
sidewalk at southwest corner of South
Brown Street and DeWolfe Street.
Application for Encroachment Permit from
Harlin and Bernice Sears, 720 South
Chester Avenue, for construction of a
carport eave that overhangs 3 feet into
street right-of-way on Belle Terrace at
northeast corner of South Chester Avenue
and Belle Terrace.
Application for Encroachment Permit from
Woolgrowers Restaurant, 620 East 19th
Street, for construction of a 4 foot wide
overhang, 8 foot above the sidewalk at
620 East 19th Street.
Application for Encroachment Permit from
George Johnson, 320 Kentucky Street, for
construction of a 4 foot mansard on face
of building 8'6" above sidewalk at 320
Kentucky Street.
Application for Encroachment Permit from
Michael S. Maron, 615 Flower Street, for
construction of a 6 foot high fence 3
feet behind sidewalk along Ridgemoor
Avenue at the southwest corner of Ridge-
moor Avenue and Catalina Street.
Bakersfield, California, August 27,
1980 - Page 14
427
(d) ,
(q),
(x)
(Y)
(z)
(aa)
(bb)
(cc)
Upon
(e) (f),
(r) (s),
Contract Change Order No. 2 to Contract
No. 80-43 with Joel B. Mundorf for con-
struction of City Fire Station No. 9.
This change provides for installation of
an electrical conduit between the main
panel and the wash rack to allow for
future hose drying facilities. This
change will add $596.59 to the contract,
increasing the total contract amount to
$230,002.42.
Contract Change Order No. 1 to Contract
No. 80-95 with G.C.A. Construction for
construction of a Sewer in Weill Park.
This change is necessary to provide a
drop manhole due to conditions encountered
in the field. This change will add
$545.00, increasing the total contract
price to $11,150.00.
Agreement between Pacific Gas and Electric
Company and the City of Bakersfield pro-
viding payment for relocating an electrical
transmission line along Auburn Street
between Eissler Street and Fairfax Road.
The cost for the work is $41,197.00.
Agreement between Pacific Gas and Electric
Company and the City of Bakersfield pro-
viding payment for electrical and gas
service to the South Wing of City Hall.
The cost of providing the service lines
is $2,576.00.
Request for authorization to transfer
funds in the amount of $20,000 from Castle
Park to University Park. The cost esti-
mates for projects at Castle and University
Parks have been modified from what was
originally approved in the 1980-81 fiscal
year budget. More than adequate funds are
allocated to complete Castle Park due to
reduction in acreage from the original
plan; but an additional $20,000 is requested
for completion of University Park.
Resolution No. 55-80 of the Council of the
City of Bakersfield initiating proceedings
for annexation of territory to the City of
Bakersfield identified as Proceeding No.
735, Annexation No. 281 (Real No. 4), in
accordance with LAFCO Resolution making
determination. This resolution sets the
date of hearing for Wednesday, October 8,
1980.
a motion by Councilman Miller, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(t), (u), (v), (w), (x), (y), (z), (aa), (bb) and
428
Bakersfield, California, August 27, 1980 - Page 15
(cc) of
call vote:
Ayes:
Noes:
Absent:
the Consent Calendar, were adopted by the following roll
Councilmen Ratty, Strong,
Miller, Payne
Barton,
Christensen, Means,
None
None
ACTION ON BIDS
Upon a motion by Councilman Miller,
low bid of Tab
Products for Burster-Imprinter for the Finance Department, was
accepted and all other bids rejected.
Upon a motion by Councilman Barton, low bid of Granite
Construction Company for resurfacing Monitor Street south of White
Lane to Pacheco Road, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company for pavement reconstruction on Stockdale
Highway in the vicinity of Gosford Road, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of W. M.
Lyles for installation of a 12" A.C. Water Main at New Stine Road
and Stockdale Highway, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Miller, low bid of Dewey
Pest Control for Annual Contract for Termite Inspection and Control,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
DEFERRED BUSINESS
Postponement of action on recommenda-
tions from the Charter Review and
Advisory Commission.
This item was held over from the Council Meeting of
August 13, 1980, for a report from staff regarding deadlines for
the March 3, 1981 election and what sections in the Charter remain
to be reviewed. The following memorandum, dated August 22, 1980
was submitted to the Council from the City Clerk's Office:
Bakersfield, California, August 27, 1980 - Page 16
429
At the Council Meeting o£ August 13, 1980, a
request was made that staff contact the Charter
Review and Advisory Commission to determine what
remains to be reviewed in the Charter and pro-
vide information as to deadlines for action on
this information for the March 3, 1981 Council
Election.
The March 3, 1981 election will be held for
the purpose of electing Councilmen in 4 Wards.
Submission of Charter Amendments to the
electorate would require a City wide election
and entail the added expense of an election
in 3 more Wards. The next scheduled City wide
election will be held in June, 1982.
The Charter Review and Advisory Commission only
made recommendations on a portion of the Civil
Service section of the Charter. The entire
Civil Service section should be completely
reviewed prior to submission to the electorate.
The rest of the Charter has not been reviewed.
In order to allow time to publish notices in
the newspaper regarding receiving arguments
for and against the amendments, allow rebuttal
to arguments and submit all the necessary
documents to the Kern County Clerk's Office
by the 74th day prior to the election, the
resolution calling the election and requesting
the County Clerk's Office to conduct said
election must be adopted by the Council no
later than November 19, 1980.
Margaret Payne, Secretary to the Charter Review and
Advisory Commission, stated the Commission was specifically
interested in input £rom the Council as to whether the direction
they are taking is what the Council desires.
Upon a motion by Councilman Payne, action on recommendations
from the Charter Review and Advisory Commission was postponed; and
recommendations, plus the remainder o£ the Charter and Civil Service
section, were referred to the City Attorney for review and recom-
mendation prior to the November 19, 1980, deadline.
Adoption of Ordinance No. 2573 New
Series of the Council of the City of
Bakersfield adding Title 18 to the
Municipal Code of the City of Bakers-
field relative to Public Works and
Improvements and adding Chapter 18.04
thereto, establishing City of Bakers-
field Maintenance District Procedure.
Upon a motion by Councilman Payne, Ordinance No. 2573
New Series of the Council of the City of Bakersfield adding Title
430
Bakersfield, California, August 27, 1980 - Page 17
18 to the Municipal Code of the City of Bakersfield relative to
Public Works and Improvements and adding Chapter 18.04 thereto,
establishing City of Bakersfield Maintenance District Procedure,
was adopted by the following roll call vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2574 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 1001
through 1017 Pacheco Road; and making
findings in connection with a P.U.D.
Zone.
The application for this amendment was made by Vic
Taormina, Inc., and would change subject property from an R-2-D
(Limited Multiple Family Dwelling - Architectural Design) Zone to
a P.U.D. (Planned Unit Development) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2574 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of those certain properties in
the City of Bakersfield commonly known as 1001 through 1017 Pacheco
Road; and making findings in connection with a P.U.D. Zone, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 56-80 of
the Council of the City of Bakers-
field providing for the collection
of Sewer Charges by the County Tax
Collector.
Bakersfield, California, August 27, 1980 - Page 18
Upon a motion by Councilman Christensen, Resolution No.
56-80 of the Council of the City of Bakersfield providing for the
collection of Sewer Charges by the County Tax Collector, was
adopted by the following roll cal~ vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Ratty, Barton, Christensen, Miller, Payne
Councilman Means
None
Councilman Strong
Adoption of Ordinance No. 2575 New
Series levying upon the assessed
valuation of the taxable property
in the City of Bakersfield, except
that area known as the Rio Bravo
Annexation, a rate of taxation upon
each One Hundred Dollars of valuation
for the Fiscal Year beginning July 1,
1980, and ending June 30, 1981.
Upon a motion by Councilman Ratty, Ordinance No. 2575
New Series levying upon the assessed valuation o£ the taxable
property in the City of Bakersfield, except that area known as the
Rio Bravo Annexation, a rate of taxation upon each One Hundred
Dollars of valuation for the Fiscal Year beginning July 1, 1980,
and ending June 30, 1981, was adopted by the following roll call
vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen,
Miller, Payne
Noes: None
Absent: None
Means,
Approval of Amendment to Agreement
No. 79-121 with John Gordon for
School Crossing Guard Program.
The staff met with the contractor to review his financial
records. Pursuant to such review and negotiation, the staff recom-
ments that Paragraph 4 of the agreement be amended to reflect the
sum of $160.00 for each crossing guard per month and reference to
hourly rate be amended to reflect $3.10, or the minimum wage as
may be established by State or Federal law, whichever is greater.
432
Bakersfield,
California,
August 27,
1980 - Page 19
Upon a motion by Councilman Barton, Amendment to Agree-
ment No. 79-121 with John Gordon for School Crossing Guard Program,
was approved and the Mayor was authorized to execute same.
Approval of Contract between the City
of Bakersfield and the Greater Bakers-
field Chamber of Commerce for the
service of Advertising the City and
Promoting the Industrial Development
of the City.
Upon a motion by Councilman Miller, Contract between
the City of Bakersfield and the Greater Bakersfield Chamber of
Commerce for the service of Advertising the City and Promoting the
Industrial Development of the City, was approved and the Mayor was
authorized to execute same.
Approval of Contract between the City
of Bakersfield and the Greater Bakers-
field Chamber of Commerce providing
for the operation of a Convention
Bureau.
Upon a motion by Councilman Miller, Contract between
the City of Bakersfield and the Greater Bakersfield Chamber of
Commerce providing for the operation of a Convention Bureau, was
approved and the Mayor was authorized to execute same.
Approval of Contract with Musicians'
Union Local 263 for Seven Band
Concerts in Beale Park.
Upon a motion by Councilman Christensen, Contract with
Musicians' Union Local 263 for seven Band Concerts that were held
in Beale Park commencing June 15, 1980, and extending through July
27, 1980, was approved and the Mayor was authorized to execute same.
Approval of extension of Contract No.
79-83 with Carpenter's Union Local
No. 743 and County of Kern for
Community Development Repair Program.
The City of Bakersfield, in conjunction with the Carpen-
ter's Union Local 743, commencing May 19, 1979, participated in
the Community Development Repair Program (Handyman) utilizing
Block Grant Funds. The contract authorizes an extension of the
program for one year with a modification for an additional $50,000
Bakersfield, California, August 27, 1980 - Page 20
433
in Community Development Block Grant Funds for the year September
l, 1980 to September 30, 1981.
Upon a motion by Councilman Strong, extension of Contract
No. 79-83 with Carpenter's Union Local No. 743 and County of Kern
for Community Development Repair Program, was approved and the
Mayor was authorized to execute same.
Approval of Agreement consenting to
Lewis and Falletti assigning the
Farm Lease of the Wastewater Treat-
ment Plant No. 3 by a Deed of Trust
in favor of the Farmers Home Adminis-
tration.
The Deed of Trust is necessary to secure a note for a
loan to Lewis and Falletti from the Farmers Home Administration
for conducting the plant operations. The assignment does not
subject the City to any liability for a default on the note. This
is periodically approved to allow the lessee to acquire farming
loans.
Upon a motion by Councilman Ratty, Agreement consenting
to Lewis and Falletti assigning the Farm Lease of the Wastewater
Treatment Plant No. 3 by a Deed of Trust in favor of the Farmers
Home Administration, was approved and the Mayor was authorized to
execute same.
Approval of Comprehensive Economic
Development Strategy for City of
Bakersfield.
The growing complexity of planning issues and their
interrelatedness to the growth and economic expansion of a modern
city have reached such proportions as to require a carefully
developed plan, if for no other reason than to serve a coordinating
function. Additionally, this plan should provide direction, infor-
mational data and development goals.
The Comprehensive Economic Development Strategy (CEDS)
discusses the economic development process in Bakersfield. The
process has evolved as a result of economic research and demographic
analysis conducted by staff, the findings of which are outlined in
Parts III and IV of the CEDS.
434
Bakersfield, California, August 27, 1980 - Page 21
The components of the economic development process in
the City are examined in sections of Part V and include an analysis
of the City's resources and analysis of the development of program
activities. Parts V and VI of our CEDS provide a detailed description
of the coordinations and management of the investment strategy
which is the culmination of the economic development process in
Bakersfield.
Upon a motion by Councilman Strong, Comprehensive Economic
Development Strategy for the City of Bakersfield, was approved.
Approval of Solar Demonstration
Projects.
The Community Development Program is seeking permission
to provide funds from its Housing Rehabilitation activities for the
purpose of creating two Energy Conservation Demonstration Projects
in conjunction with the rehabilitation of two homes. This project
will provide basic cost-benefit data and aid in the design and
implementation of future Energy Conservation Programs. The total
cost of the proposed projects will be $11,000.
Upon a motion by Councilman Christensen, Solar Demon-
stration Projects, at a total cost of $11,000, was approved.
Mayor Hart declared a brief recess at 9:45 P.M. and
reconvened the meeting at 9:47 P.M.
Correction of Council Meeting Minutes
of August 13, 1980.
Upon a motion by Councilman Christensen, page 7 of the
Council Meeting minutes of August 13, 1980, regarding the vote on
the Governmental Efficiency and Personnel Committee setting the
criteria that will be used to fill the position o£ City Attorney,
was corrected to show that Councilman Miller abstained from voting
and did not a/so vote Aye.
Approval of addition of a Smoke
Detector Program to the Home Improve-
ment Loan Program currently offered
as part of the Community Development
Rehabilitation Program.
435
Bakersfield,
California,
August 27, 1980 - Page 22
The Home Improvement Loan Program (HILP) makes available
low interest loans to qualified owner/occupants within the City
limits. The Uniform Building Code, 1979 Edition, requires that
when alteration, repairs or additions are made in excess of
$1,000.00, the entire building shall be provided with a smoke
detector. During the course of the work to be done under the HILP,
the smoke detectors would be available to the contractor, to be
installed at no cost to the homeowner. Funds to purchase the 150
smoke detectors are available through the Community Development
Block Grant Program.
Upon a motion by Councilman Payne, addition of a Smoke
Detector Program to the Home Improvement Loan Program currently
offered as part of the Community Development Rehabilitation Program,
was approved.
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,
Divisions 5 and 6.
This hearing has been duly posted and utility companies
and property owners within the District have been notified.
On July 30, 1980, the Council adopted Resolution No.
53-80 and established August 27, 1980, as the date for public
hearing on whether public interest requires undergrounding of
public utilities in the following areas:
Division 5: Bounded by "L", 17th, "N" and
18th Streets.
Division 6: Bounded by "L" Street, Chester
Avenue, 21st Street and 22rid
Street.
Mayor Hart declared the hearing open for public partici-
pation. No 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.
436
Bakersfield, California, August 27, 1980 - Page 23
Upon a motion by Councilman Ratty, Resolution No. 57-80
of the Council of the City of Bakersfield, State of California,
establishing Underground Utility District No. 2, Divisions 5 and
6, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Means, Miller, Payne
Noes None
Absent: Councilmen Barton, Christensen
This is the time set for public hearing for the purpose
of providing all citizens, and especially those who may be directly
affected, the opportunity to assess and comment on the City of
Bakersfield's performance and progress on the 1979-80 Community
Development Block Grant Program.
This hearing has been duly advertised.
The following presentations will be made by the Bakers-
field Community Development Staff:
1. Purpose of the 1979-80 Community Development
Block Grant Program.
2.Progress of the 1979-80 Community Development
Block Grant Program.
3. Questions/Answers concerning the Community
Development Block Grant Program.
Mayor Hart declared the hearing open for public partici-
pation. No one in the audience indicated a wish to speak and
Mayor Hart closed the public portion of the hearing for Council
deliberation and action.
Upon a motion by Councilman Strong, the Community
Development staff was instructed to submit the Grantee Performance
Report for the 1979-80 Community Development Block Grant Program.
This is the time set for public hearing before the
Council on an Appeal by Rickett, Ward and Delmarter on behalf of
Coleman Company to Conditions 9 and 13 of the Planning Commission's
approval of Tentative Tract No. 4374, affecting those certain
properties located on the northwest corner of Planz Road and Stine
Road.
Bakersfield, California, August 27, 1980 - Page 24
This hearing has been duly advertised and the property
owners have been notified as required by law.
Conditions 9 and 13 are as follows:
9. A 4 foot concrete invert shall be constructed
in both alleys in accordance with City of
Bakersfield Standards S-26 and S-28. The
inverts shall be constructed prior to
recordation of the first phase.
13. The utility pole in the center of the
wheelchair ramp in the return at the north-
west corner of the intersection of Planz
Road and Stine Road shall be relocated
prior to recordation of the first phase.
A letter was received from Rickett, Ward and Delmarter
requesting that the hearing be continued until September 10, 1980.
Upon a motion by Councilman Miller, public hearing before
the Council on an Appeal by Rickett, Ward and Delmarter on behalf
of Coleman Company to Conditions 9 and 13 of the Planning Com-
mission's approval of Tentative Tract No. 4374, affecting those
certain properties located on the northwest corner o£ Planz Road
and Stine Road, was continued until the Council Meeting o£ September
10, 1980, by the following roll call vote:
Ayes Councilmen Ratty, Strong, Barton, Means, Miller, Payne
Noes: None
Absent: None
Abstaining: Councilman Christensen
EXECUTIVE SESSION
In accordance with an earlier action, the Council
recessed to an Executive Session at 9:50 P.M. to discuss a
The regular Council Meeting was reconvened at
personnel matter.
11:58 P.M.
ANNOUNCEMENT
Mayor Hart announced that the Council agrees unanimously
that it will not seek outside applicants for the position of City
Attorney and intends to make the appointment of Assistant City
Attorney Richard Oberholzer to that position on September 10, 1980.
438
Bakersfield, California, August 27, 1980 - Page 25
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilman Christensen,
adjourned at 12:00 Midnight.
before the
the meeting was
MA~0~~f Bakersfield, Calif.
ATTEST:
CITY C RK and Ex Of cio Clerk of the
~K . . . Council
of the City of Bake~d, California
ma
Bakersfield, California, September 10, 1980
439
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., September 10, 1980.
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:
Absent:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Mayor Hart. Councilman Strong
Minutes of the regular meeting of August 27, 1950 were
approved as presented.
Appointment of Mr. Richard J.
Oberholzer as City Attorney for
the City of Bakersfield.
Upon a motion by Councilman Christensen, Assistant City
Attorney Richard J. Oberholzer was appointed City Attorney for the
City of Bakersfield, replacing Kenneth W. Hoagland, who retired,
effective September 6, 1980, by the following roll call vote:
Ayes: Councilmen Barton, Christensen, ~eans, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Mr. T. Scott Brooke, Counsel, Rio Bravo No. 1, 110 New Stine,
Suite N, Bakersfield, dated September 8, 1980, regarding Appeal
by Kern River Development Company to decision of the Planning
Commission regarding public access to the Kern River from Tentative
Tract No. 4009, was received and deferred, to be considered under
Item (j), Hearings, Hearing No. 3, on tonight's agenda.
COUNCIL STATEMENTS
In response to Councilman Means' request at the last
Council Meeting, August 27, 1980, Mr. Jim Bozarth, representing
Pacific Gas and Electric Company, and Mr. Bert Whittaker, Customer
Service Superviser, were present to respond to questions of
44O
Bakersfield, California, September 10, 1980 - Page 2
Councilman Means and the Council regarding P. G. & E's lifeline
rates.
Responding to Councilman Means' first question, as
posed at the last Council meeting, Mr. Whittaker stated that life-
line rate for heating, cooking, and water heaters went into effect
in 1975, with a basic allowance of 240 kilowatt-hours. In 1978,
by Public Utility Commission's Decision 88651, an additional
lifeline allowance was ordered for air conditioning. This allow-
ance varies from area to area, and Bakersfield's allowance is 280
kilowatt-hours. This was instituted on May 1, 1979, as directed
by the PUC.
Secondly, customers were made aware of this lifeline
rate in January 1979 by direct mail, where they were requested to
respond, by postcard, whether they had an air conditioner, window
air conditioner, or swamp cooler. This was followed by two
additional mailings.
Councilman Means stated he has been contacted by at ~east
forty people in his ward who had no idea they were eligible for
the lifeline rate, and there are two City Councilmen who are not
getting that rate, Councilmen Barton and Strong. He questioned
whether refunds for overpayments to those persons who are eligible
for the lifeline rate but have not been receiving it would be
retroactive to the May 1 date, or to the last meter reading as
some of his constituents had indicated to him.
Mr. Whittaker indicated that company policy is to make
refunds effective to the last meter reading, but individual circum-
stances might warrant a longer adjustment.
In answer to a question by Councilman Miller, Mr.
Bozarth stated the PUC has authorized P. G. & E. to earn 10.3%
on their investment, but under the present rate structure the
earnings are about 8.6%.
Mr. Bozarth pointed out there is also a basic natural
gas lifeline allowance for cooking and water heating of 26 therms
Bakersfield, California, September 10, 1980 - Page 3
in the
heated.
summer, and 81 therms in the winter when homes must be
are at a crisis point
rival. Enough public
whatever on the PUC.
Councilman Payne indicated it was his feeling that we
and for some people it is a matter of sur-
input is needed in the form of pressure or
The public meeting with members of the PUC
present to be held at Harvey Auditorium, from 4:00 P.M. to 10:00
P.M. on September 12, 1980 is where the public should demand an
extension in the lifeline rate or a total adjustment of the fee
structure and request a retroactive rebate for people who are
suffering undue hardships as a result of the current rates.
Mr. Bozarth explained that the lifeline rate is based
on the first tier of usage at a little over four cents a kilowatt-
hour, the second tier just a little over six cents, and the third
tier of almost nine cents per kilowatt-hour. This was instituted
by the PUC as an energy conservation move.
Councilman Means said there is something the Council can
do immediately to give people some relief from their high utility
bills and moved to direct the City Attorney to initiate action
before the PUC to require P. G. & E. to refund the air conditioning
lifeline rate overpayment to each eligible customer retroactive to
May 1, 1979. Further, to be added to the motion if the Attorney
cannot prepare this before Friday, September 12, according to the
PUC, the appropriate channel would be to present this to the hearing
that will be held in Fresno on October 20, 1980, on the next rate
increase.
City Attorney Oberholzer pointed out that the September
12th meeting is not a hearing, although one member of the PUC is
expected to attend. The request for a hearing must follow specific
procedures.
Councilman Means stated that in talking with Mr. Marty
Madison, the Attorney for the PUC, he said it would be appropriate
to present the City's request for a hearing at the Fresno hearing.
442
Bakersfield,
California,
September 10,
1980 - Page 4
City Attorney Oberholzer indicated something would be
prepared for the Fresno meeting.
Councilman Payne stated he would be more supportive of
Councilman Means' motion if it would also include a demand to
PUC that they extend the first tier of the lifeline rate as now
structured. Councilman Means said he would be willing to add that
to his motion.
Councilman Miller questioned whether the Council's
Energy Committee had discussed the subject. Councilman Means
indicated the matter could be delayed by referring it to the
Energy Committee but believes this is something that should be
done tonight.
Councilman Miller offered a substitute motion that the
matter of P. G. & E. rates be referred to the Energy Committee
for discussion and recommendation. This motion failed to carry
by the following roll call vote:
Ayes: Councilman Miller
Noes: Councilmen Barton, Christensen, Means, Payne, Ratty
Absent: Councilman Strong
Action on Councilman Means' original motion directing
the City Attorney to initiate action before the Public Utilities
Commission to require Pacific Gas and Electric Company to refund
the air conditioning lifeline rate overpayment to each eligible
customer retroactive to May 1, 1979, and if the Attorney cannot
prepare this before Friday, September 12, 1980, according to the
PUC the appropriate channel would be to present this to the hearing
that will be held in Fresno on October 20, 1980, on the next rate
increase, and make a demand to PUC that they extend the first tier
of the lifeline rate as now structured, was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton,
Councilman Miller
Councilman Strong
Christensen, Means,
Payne, Ratty
Bakersfield, California, September 10, 1980 - Page 5
443
COUNCIL STATEMENTS
Councilman Miller requested from staff a report on the
current status of the proposed Downtown Redevelopment Plan and
questioned the reason for the special meeting of the Redevelopment
Agency called for on September 11, 1980 and the timing and the
document that is to be considered.
Director of Fire and Development Services Needham
responded by saying the people in Washington requested a document
from the Redevelopment Agency stating that the Redevelopment Agency
intends to sell bonds for the public improvements for the proposed
shopping center. It is not required at this time for the Council
to act on the action of the Redevelopment Agency.
REPORTS
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 8-80 regarding the Panorama
Drive Entrance to the Sanitary Landfill, as follows:
On March 26, 1980 the Council authorized the
County to open the Panorama Drive entrance for
ingress of covered refuse trucks operated by
franchised garbage collectors for a 90 day
trial period. At the end of the trial period
the Business Development and Parking Committee
was to make further recommendations.
During the trial period several changes have
occurred at the landfill. They are:
The landfill contractor has switched his
operations from Zone A to Zone B which is
near the lower entrance to the landfill.
The City and franchise haulers are using
the Panorama access less because of the
location of Zone B.
On a trial basis, the County is no longer
allowing the public to use the Panorama
Drive exit gate.
The City has two additional sweepers in
operation and we are able to sweep the
streets in the vicinity of the landfill
on a regular basis, once every three weeks.
There have been no complaints from residents living
near the Panorama Drive entrance to the landfill,
and the present limited use of the access gate
appears to be the most compatible arrangement we
444
Bakersfield,
California,
September 10,
1980 - Page 6
have had to date. Therefore, it is recommended
that the Council authorize the County to continue
permitting the Panorama access to be used by
covered refuse trucks operated exclusively by
the franchised garbage collectors.
In response to a question by Councilman Miller, Public
Works Director Hawley stated that this is not a permanent arrange-
ment but is the continuation of an existing agreement and if
problems occur later this can be brought back to the Council.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 8-80 regarding the Panorama
Drive Entrance to the Sanitary Landfill was accepted and the
County authorized to continue permitting the Panorama access to
be used by covered refuse trucks operated exclusively by the
franchised garbage collectors.
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 9-80 regarding Downtown Parking
Problems and the Public Meeting of September 3, 1980, as follows:
On September 3, 1980 this Committee held a
public meeting to discuss downtown Bakersfield
customer and employee parking problems.
The meeting was well represented by concerned
downtown workers and employers. Letters of
invitation, plus personal contacts, were made
with the management of the Crocker National Bank,
First Federal Savings & Loan, Pacific Telephone
(two locations), The Bakersfield Californian,
Kern County Employees Association, and the County
Administrative Officer.
The Downtown Business Association mailed out
approximately 300 notices to their constituents
inviting them to participate in the open discussions
of our mutual downtown parking problems.
The attached agenda was the basis of our discussions.
Many interesting alternative plans concerning methods
of alleviating the downtown parking problems were
discussed, and will be further investigated by both
this Committee and staff.
Mr. Joe Leal, representing District No. 6 of the
California Department of Transportation, attended
the meeting to discuss the Park-and-Ride, Van
Pool, and Share-a-Ride concepts that are viable
alternatives to our downtown parking problems. He
stated that Caltrans has had considerable success
in implementing such programs in other communities,
and would be willing to participate and assist
this City with whatever is practical in this community.
Bakersfield, California, September 10, 1980 - Page ?
445
As a result of this meeting and the discussions
that took place regarding the agenda, the
Business Development and Parking Committee
makes the following recommendations for Council
consideration:
In the interest of fairness and equity
to all users of City parking lots, all
parking meters should be modified to
accept the following fees:
1 Hour ................ $0.10
2 Hours ............... 0.20
10 Hours ............... 1.00
The modification of parking meters should
take place as soon as the Public Works
Department can physically change the
mechanisms to accept the new fees.
Noting the fact that the two major facility
users in the "K" Street Parking Garage
(ARCON and Bank of America) have notified
the City of their intention to participate
with the City in adding an additional level
of parking on the garage by agreeing to
restructure the parking fees to economically
support approximately 80 additional parking
places, staff should be instructed to proceed
with all due haste to effect the construction
of the third level of parking on the "K"
Street Parking Garage.
Staff is to arrange a meeting with represen-
tatives of the Board of Supervisors, the
Chief Administrative Officer, Golden Empire
Transit District, the Business Development
and Parking Committee, and Mr. Joe Leal of
the California Department of Transportation
District No. 6, to discuss various park and
ride, ride sharing and van pooling alter-
natives and concepts.
Councilman Christensen congratulated Councilman Barton
and his Committee, Councilmen Payne and Miller, for tackling this
problem of downtown parking. He stated his belief that business
should solve the parking problem and not government, and the
larger businesses must carry their share of the cost of downtown
parking.
Councilman Means pointed out that the City does have an
Ordinance requiring new businesses to adhere to the parking speci-
fications spelled out in this Ordinance. In the past the Council
has allowed variances to the parking Ordinance. Had this not been
done, the City would have required the businesses to pick up their
fair share o£ the cost of parking by their employees.
446
Bakersfield, California, September 10, 1980 - Page 8
Director of Fire and Development Services Needham
reported that he had had a recent discussion with Mr. Hugh Sill,
Sr. and also a representative of Mr. Ross Hoenshell regarding
acquisition of the Sill lot and they are both willing to discuss
a joint venture, as far as building a parking structure on that
property, with the Redevelopment Agency or the City. Further,
with regard to the Bank of America parking structure, there is
a meeting set up with the Bank of America people on the 16th of
September and also with J & B Properties, who are the management
and part owners of the Bank of America Building, regarding the
building of a third story on the parking structure and to increase
the rates to pay for that structure.
Councilman Ratty wished to point out that there are
businesses downtown that are participating in helping their
employees with parking fees, and it is not quite as black a
picture as it is painted, and recognized Mr. Dick Hummel, Director
of the Downtown Business Association, who was in the audience.
Mr. Hummel said that the members of the Downtown Business;
Association concur with the recommendations of the Business Develop-
ment and Parking Committee. Also, they wish to congratulate the
Parking Committee and the Council for taking a forward step. The
downtown business community certainly realizes that parking will
come when it is financed and they have been working on this problem
for a number of years. Many individual firms have purchased parking
when they are remodeling and have taken care o£ employee and customer
parking. Through the recent action of the Parking Committee and
the publicity that has come out of the action that more and more
businessmen are aware of the problems and are willing and anxious
to help solve the problem.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 9-80 regarding Downtown Parking
Problems and the Public Meeting of September 3, 1980 was accepted
and the recommendations approved.
Bakersfield, California, September 10, 1980 - Page 9
447
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 13-80 regarding Agreement
with the Kern County Housing Authority, Article XXXIV, as follows:
Article XXXIV of the California State Consti-
tution requires approval of the electorate of
a community before development, construction
or acquisition of low rent housing projects
by any public agency. In order to increase
the low rent housing supply and to comply with
Article XXXIV, the Kern County Housing Authority
(KCHA) has placed Measure A on the November 4,
1980 countywide ballot. Passage of the measure
would allow approximately 7,000 units countywide
to be developed, about 2,000 in Bakersfield,
over the next ten (10) years.
In order to place the measure on the ballot and
secure its passage, the Housing Authority has
retained a consultant. In addition, a Citizens
Committee for Affordable Housing has been formed
to educate the community regarding the need for
approval of Measure A. The total cost for this
activity for the period of June 18 through
November 7,' 1980 is $66,800. The Housing
Authority has requested the City and County to
pick up this cost utilizing Community Development
Funds; the City share is $18,704 and the County
share is $48,096. The County Board of Super-
visors approved their portion of the agreement
on September 2, 1980.
One major objective of Community Development
Block Grant Funds is to assist low and moderate
income families in the area of housing. Finan-
cial support for passage of an Article XXXIV
referendum is an eligible expense under HUD
regulations. This committee believes this step
towards providing affordable housing is a proper
use of the CDBG funds by allowing the matter to
be put to the vote of people.
THEREFORE, IT IS RECOMMENDED THAT
1)
The agreement between the Kern County Housing
Authority, the County of Kern and the City
of Bakersfield be approved, with the City
share not to exceed $18,704;
2) The Mayor be authorized to execute the agree-
ment; and
3)
Community Development staff be instructed to
monitor and report on the activities under
this agreement.
Councilman Miller pointed out that by voting "Aye"
he is giving the electorate in the community an opportunity to
make the decision.
448
Bakersfield, California, September 10, 1980 - Page 10
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 13-80 regarding Agreement with the
Kern County Housing Authority, Article XXXIV, was accepted and
the recommendations approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1254 to 1523,
inclusive, in the amount of $946,151.46.
DELETED (b)
(c)
Claim for Damages from West Insurance
Managers on behalf of Guy Knapp, 201
Hill Street, Sanger, California. (Refer
to City Attorney)
(d)
Claim for Damages from Three-Way Leasing
Company, P.O. Box 9609, Bakersfield.
(Refer to City Attorney)
(e)
Claim for Damages and Personal Injuries
from Reymundo Chavez, 1515 - 20th Street,
Bakersfield. (Refer to City Attorney)
(f)
Claim for Damages from Lionel L. Ramos
Company, Insurance Claims Service, on
behalf of Ame H. Marcil, 405 Pine Street,
Bakersfield. (Refer to City Attorney)
(g)
Grant Deed from the City of Bakersfield
to Pacific Gas & Electric Company and
two Grant Deeds from Pacific Gas &
Electric Company to the City of Bakers-
field.
(h)
Grant Deed from Tenneco Realty Develop-
ment Corporation, providing for storm
water retention basin on west side of
Gosford Road between Stockdale Highway
and Westfield Road.
(i)
Public Utilities Easement from Sami C.
S~our, M.D., located north of 38th Street
and west of San Dimas Street required by
the Planning Commission as a condition
of approval of Parcel Map No. 5850.
(J)
Street Right-of-Way Deed from Sami C.
Srour, M.D., for a 20 foot radius
property return at the northwest corner
of 38th Street and San Dimas Street, as
required by the conditions of approval
for Parcel Map No. 5850.
(k) Notices of Completion and Acceptance of
Work on the following projects:
(1) Construction of University Park
Irrigation System, Contract No. 80-120.
Bakersfield, California, September 10, 1980 - Page 11
449
(2) Construction of Castle Park Irrigation
System, Contract No. 80-112.
(3)
Reconstruction of portions of Dore
Drive, south of Lee Drive, Contract
No. 80-60.
(4)
A.C. Pavement on portions of White Lane,
Gosford Road and Half Moon Drive,
Contract No. 80-93.
(5)
Reconstruction pavement on portions of
Chester Avenue between Truxtun Avenue
and 24th Street, Contract No. 80-115.
(6)
Construction of a 6 foot Slumpstone
Wall at 4101 Truxtun Avenue (City
Corporation Yard), Contract No. 80-122.
All work on these projects was completed
within the time allowed by the contract.
(i)
Map of Tract No. 4276 and Improvement Agreement
for construction of improvements therein.
This subdivision, consisting of 79 lots on
30.68 acres of land, is located southeast of
South Laurelglen Boulevard and northeast of
Olympia Drive. The subdivision is being
developed by Tenneco Realty Development
Corporation.
(m)
Application for Encroachment Permit from Ronnie
L. Edwon, 5817 Highland Oaks Drive, Bakersfield,
for construction of a 2 foot high retaining
wall along the back of sidewalk at 5817 Highland
Oaks Drive.
(n)
Application for Encroachment Permit from Jerry
or Loretta Kern, 2801 E1Caballo Avenue, Bakers-
field, for construction of a 6 foot block wall
along the back of sidewalk along Mesa Grande
at the southeast corner of E1 Caballo Avenue
and Mesa Grande.
(o)
Contract Change Order No..3 to Contract No.
80-48 with Granite Construction Company for
the Truxtun Avenue Extension, Phase II, F.A.U.
Project No. M-F 252(1).
Upon a motion by Councilman Miller, Items (a), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), and (o)
of the Consent Calendar were adopted by the following roll call
vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty
Noes: None
Absent: Councilmen Miller, Strong
45O
Bakersfield, California, September 10, 1980 - Page 12
Upon a motion
Cascade for Annual Contract - Office Supplies was
other bids rejected, and the Mayor was authorized
the contract.
Upon a motion by Councilman Payne, low bid of Micon Con-
struction Company of Bakersfield for Sandra Drive Pump Station
Modifications was accepted, all other bids rejected, and the
Mayor was authorized to execute the contract.
Regarding bid for Construction of Service Door for the
Civic Auditorium, in response to Councilman Miller's inquiry
as to bids coming in approximately 35% over the estimate, Audi-
torium-Recreation Manager Graviss said in this instance the
length of the ramp was extended to allow passage from the
building out to the street, rather than three-quarters of the
way out.
Responding to Vice-Mayor Barton's question, Mr. Graviss
stated this would not make the building more accessible to the
handicapped, although it would, however, allow entrance to the
main floor. There is already a door on the side of the building
for access for the handicapped, but they are requesting accessi-
bility to the main entrance of the Auditorium. Public Works
Director Hawley indicated that funds in the amount of $50,000
are available to achieve this, as well as restaurant facilities
and other construction.
Upon a motion by Councilman Christensen, low bid of
Charles Miller of Bakersfield for Construction of Servic~ Door
for the Civic Auditorium was accepted, the other bid rejected,
the Mayor was authorized to execute the contract, and Budget
Transfer in the amount of $11,000 from Account No. 11-512-6100
to Account No. 11-445-9200 was approved.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 5.20.060
ACTION ON BIDS
by Councilman Christensen, low bid of Bois.e
accepted, all
to execute
Bakersfield, California, September 10, 1980 - Page 13
451
of the Municipal Code, and the Finance Operations Manager was
authorized to negotiate a price for five (5) Portable Radios
and five (5) Mobile Radios with Motorola Communications.
Upon a motion by Councilman Christensen, low bid of
Jack Davenport Typewriter Company, Inc. for Memory Typewriter
for the Police Department was accepted and all other bids were
rejected.
Upon a motion by Councilman Miller, low bid of American
Business Machines for Electric Typewriters was accepted and all
other bids rejected.
Approval
NEW BUSINESS
of Agreement with Computer
Resource Management Corporation.
Upon a motion by Councilman Miller, the agreement pro-
viding for Computer Resource Management Corporation to install
its Traffic Accident and Citation Evaluation System on computer
hardware of the City, pursuant to grant through the California
Office of Traffic Safety, was approved.
Approval of Contract with Brown
Brothers Adjusters for Liability
Claims Administration.
Proposals were requested from various claims adminis-
trators to handle the City's liability claims administration and
adjusting for the fiscal year 1980-81. One acceptable proposal
was received from Brown Brothers Adjusters. Staff has reviewed
the proposed contract and met with representatives of Brown
Brothers and recommends the acceptance of Brown Brothers' proposal.
The cost of the proposed agreement, based upon a fee of $21.00 per
hour plus overhead items up to a maximam of $18,000, is within the
amount budgeted.
Upon a motion by Councilman Means, Contract with Brown
Brothers Adjusters for Liability Claims Administration was
approved and the Mayor was authorized to execute the contract.
452
Bakers£ield, California, September 10, 1980 - Page 14
Authorization granted the Purchasing
Division of the Finance Department
to enter into Discount Agreements
with Controlco, Ace Hydraulic, Bakers-
field Hydraulic Jack, Bakersfield
Chrysler, Bakersfield Cycle Supplies,
Bakersfield Dodge, Lougee Michael
Equipment, and Martins Garden Equipment.
Discount Agreements are informal miscellaneous supply
contracts that the Purchasing Division has prenegotiated prices
on and are for supplies of a nature that do not lend themselves
to other purchasing programs. Minor cost automotive supplies
and building supplies are examples of the type of items appearing
on discount agreements.
Upon a motion by Councilman Payne, authorization was
granted the Purchasing Division of the Finance Department to
enter into Discount Agreements with Controlco, Ace Hydraulic,
Bakersfield Hydraulic Jack, Bakersfield Chrysler, Bakersfield
Cycle Supplies, Bakersfield Dodge, Lougee Michael Equipment, and
Martins Garden Equipment.
Approval of Lease Agreement between
the City and Carpenter's Local Union
743.
The City has been permitting the Carpenter's Local Union
743 to utilize a portion of the Old Corporation Yard at 1612 "S"
Street for its Community Development Repair Program (Handyman).
This Lease will £ormalize that arrangement between the City and
Carpenter's Local Union 743 for the use of this facility.
Upon a motion by Councilman Christensen, Lease Agreement
between the City and Carpenter's Local Union 743 was approved and
the Mayor authorized to execute the Agreement.
Approval of Agreement regarding
assignment of Lease to Robert J.
Cloud and Nana C. Cloud.
This Agreement provides for the assignment of Lease
Agreement No. 80-116 (old City Dog Pound) to Robert J. Cloud and
Nana C. Cloud, as requested by the original lessor and by the
Clouds.
Bakersfield, California, September 10, 1980 - Page 15
453
Upon a motion by Councilman Christensen, the Agreement
regarding assignment of Lease to Robert J. Cloud and Nana C. Cloud
was approved and the Mayor was authorized to execute the Agreement.
Approval of increase in Community
Development Repair Program (Handyman)
from $1,000 to $1,500 for each
rehabilitation project and authorization
granted Community Development staff to
administer the Program.
The original allocation for each project was $1,000 per
house. The increased costs of construction materials and supplies
place severe restrictions on the program's ability to repair simple
or basic items. By increasing the maximum allocation for each
repair project to $1,500, the program's viability will be measur-
ably increased.
Upon a motion by Councilman Means, increase in Community
Development Repair Program (Handyman) from $1,000 to $1,500 for
each rehabilitation project was approved, and the Community Devel-
opment staff was authorized to administer the Program.
Approval of Joint Use Agreement with
the County of Kern for Drivers Training
Facility.
The Police Department Training Division has been sharing
the use of the Kern County Driver's Training Course at Minter Field
for training of Police Officers. The Agreement would authorize
joint City/County use. Funds were budgeted for rent and expense
in this year's budget by the Police Department.
Upon a motion by Councilman Ratty, Joint Use Agreement
with the County of Kern for Drivers Training Facility was approved
and the Mayor was authorized to execute the Agreement.
Appointment of Voting Delegate
and Alternate for the League of
California Cities Conference in
Los Angeles, October 19-22, 1980.
Each year the League of California Cities requests that
the City Council designate a voting representative and alternate
to vote on matters affecting municipal or league policy during
the conference.
454
Bakersfield, California, September 10, 1980 - Page 16
Upon a motion by Councilman Means, Councilman Barton
was designated as voting representative and Councilman Christensen
was designated as alternate representative for the League of
California Cities Conference in Los Angeles, October 19-22, 1980.
HEARINGS
This is the time set for public hearing regarding amend-
ment to the Circulation Element of the Bakersfield Metropolitan
Area General Plan concerning the following areas:
1. Realignment of north/south major collector
in Section 14, T. 39 S., R. 29 E., M.D.B.
& M., to west line of said Section 14.
2. Abandonment of east/west major collector in
Section 14, T. 29 S., R. 29 E., M.D.B. & M.
3. Abandonment of north/south major collector
located in Southeast Quarter of Section 14,
T. 29 S., R. 29 E., M.D.B. & M.
This hearing has been duly advertised and the property
owners have been notified as required by law.
A~l of the area is located in Northeast Bakersfield in
the Rio Bravo Area, approximately one mile southeast of the inter-
section of State Highway 178 and Alfred Harre]l Highway.
The Planning Commission, after a public hearing held
August 6, 1980, approved the Negative Declaration and recommends
approval with the condition that the north/south street, identified
as No. 1 above, be a 110 foot right-of-way instead of a 90 foot
right-of-way.
Vice-Mayor Barton declared the hearing open for public
participation and requested those who would speak in favor to
come forward.
Ms. Barbara Brooks, representing Nickel Enterprises,
stated that based on the number of units being projected the
developer would prefer the 90 foot right-of-way, if the Council
finds it acceptable.
No one else wishing to speak in favor and no protests
or objections being received, Vice-Mayor Barton closed the public
portion of the hearing for Council deliberation and action.
Bakersfield, California, September 10, 1980 - Page 17
455
In response to questions by Councilman Miller, Public
Works Director Hawley stated the recommendation of the staff was
for a major collector, which would be a 90 foot street. The
recommendation of the Planning Commission was for 110 feet, which
would be a major arterial. He further said that it was his under-
standing that the discussion at the Planning Commission meeting
was that the developer dedicate a 110 foot right-of-way, however
only a major collector street would be constructed, which would
mean that later on if the land use changed in that area it would
be possible to widen the street and make it a major arterial,
which would have a 16 foot median island and the major collector
does not.
Responding to a question by Councilman Christensen,
Public Works Director Hawley stated that in the original plan
the circulation was based on a proposed racetrack in the area.
To meet the traffic requirements for the racetrack it showed two
north/south major collectors. The new alignment shows only one.
The Planning Commission felt that inasmuch as we were reducing
the number of major streets that it should be widened frem a
90 foot to a 110 foot street. In the Public Works' traffic
analysis, it was the opinion that a 90 foot street wou~d handle
the traffic generated.
Upon a motion by Councilman Ratty, Resolution No.
58-80 making findings and approving and adopting amendment to
the Circulation Element of the Bakersfield Metropolitan Area
General Plan, amending Item 1, realignment of north/south major
collector from 110 feet to 90 feet, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
he had intended to support the 110 foot major
Councilmen Barton, Christensen, Miller, Payne, Ratty
Councilman Means
Councilman Strong
Councilman Means qualified his No vote by stating that
arterial.
456
Bakersfield, California, September 10, 1980 - Page 18
This is the time set for continued hearing before the
Council of the City of Bakersfield for the purpose of receiving
written and oral testimony regarding transit needs in the City
of Bakersfield.
At the Council meeting of July 30, 1980, the public
portion of this hearing was reopened in order to receive public
input and closed after hearing all requests and comments. Action
was deferred until tonight in order to allow Golden Empire Transit
District time to consider the public's input and requests and
noti£y the Council of any unmet transit needs in the City of
Bakersfield.
At a regular meeting of the Golden Empire Transit
District on September 3, 1980, the Directors gave approval for
an agreement with the Mexican American Opportunity Foundation for
funding of transportation needs for their Senior Nutrition Program.
Vice-Mayor Barton reopened the hearing for public
participation. No protests or objections being received and no
one wishing to speak relative to unmet transit needs, Vice-Mayor
Barton closed the public portion of the hearing for Council
deliberation and action.
Upon a motion by Councilman Miller, Resolution No.
59-80 making finding "That when Golden Empire Transit implements
its proposed program there will be no unmet public transportation
needs which could be reasonably met by expansion of existing trans-
portation systems or by establishing new systems" was adopted by
the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
This is the time set for public hearing before the
Council on an Appeal by Kern River Development Company to the
decision of the Planning Commission regarding public access to
the Kern River from Tentative Tract No. 4009, located north of
Bakersfield, California, September 10, 1980 - Page 19
457
and adjacent to the Kern River, east of Rancheria Road (north-
east of Rancheria Road and Kern River Bridge).
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Subdivision Map Act requires that subdivisions
provide public access to and along navigable rivers through the
proposed subdivision or tract. A finding was made that there
exists reasonable public access within a reasonable distance.
The Planning Commission determined that additional public access
was required only at the northeast corner of Rancheria Road and
the Kern River bordering the subdivision.
Vice-Mayor Barton declared the hearing open for public
participation. The following persons addressed the Council:
Ms. Zelma Rupe, an interested citizen of Kern County
and resident of Bakersfield for many years, pointed out the only
crossing of the Kern River from Ming Lake to the mouth of the
canyon is Rancheria Road. She recommended that the Council take
easements on both sides because the bridge would have to be
widened some day. She stated that she and many other people
enjoy fishing in the river and suggested the Council consider
that the river should be for everyone to enjoy, and Rancheria
Road is the only access the public has to get to the River, other
than Cottonwood Creek.
Mr. Rich O'Neil, speaking for himself and a river user
who enjoys it, also speaking for the Kern River Parkway Committee,
offered statistics, as of August 28, 1980, of incidents of
drownings and rescues in the Kern River, compared to Lake Isabella
and Lake Webb.
Mr. Stephen Schilling, Chairman of the Kern County
Democratic Central Committee, stated the Issues Committee of the
Democratic Central Committee reviewed this matter with legal
opinion and with members of the Planning Commission and adopted
a Resolution that they concur with the recommendation of the
458
Bakersfield, California, September 10, 1980 - Page 20
Planning Commission in terms of the access on the northeast
corner of the Rancheria Road easement.
Mr. Tom Fallgarter, member of the Planning Commission
but representing himself this evening, pointed out that the
Council is charged with the responsibility of protecting the
public right to the Kern River. He recommended that the Council
uphold the decision of the Planning Commission at this time and
when further development occurs in the Rancheria Road area that
the other corners be looked at at that time for possible access.
Mr. Scott Brooke, representing Rio Bravo No. 1, the
developer of Tract No. 4009 and author of the letter dated
September 8, 1980 directed to the City Council setting forth a
summary of the proceedings and facts regarding this tract, urged
the Council to adopt the position of the Planning Commission and
find that no further action is required by the developer, although
his feeling is that no corner at the Rancheria Road Bridge is
suitable for access.
Mr. George Nickel, developer of Tract No. 4009 and owner
of the land, stated the use of the Kern River, if done properly,
would be a great credit to Kern County. It appears that the main
issue here is the access question, as he sees it. The Planning
Commission, by a 4 to 3 vote, found that the 25 foot access was
required and there should be a further determination that by having
this access a further safety problem would not be created, as well
as additional trespass problems.
Mrs. Mark Hendricks, property owner along the north
bank of the Kern River, described incidents and problems resulting
from trespassing on her property by persons using the river and
requested the Council to reconsider the granting of additional
access to the River. She also suggested formation of a committee
composed of City and County people, as well as persons using the
river for recreation, in order to bring about a more orderly
situation.
Bakersfield, California, September 10, 1980 - Page 21
459
City Manager Bergen stated, for the record, that a
very substantial majority of the property on both sides of the
Kern River is in the County of Kern and not in the City of Bakers-
field. The reason this matter is being heard is that there is a
section of a mile or so, where Rancheria Road crosses the river,
where both sides are in the City of Bakersfield.
In regard to the suggestion of forming a committee,
Vice-Mayor Barton pointed out the issue of rescue on the river
was referred to the Council's Intergovernmental Relations Committee
which has met with the Board of Supervisors dealing with that
problem, so there is an on-going committee relationship between
the City Council and the Board of Supervisors on that particular
subject.
Mr. Dwight Mebane, who runs cattle from the mouth of
the Kern River Canyon to the north shore of Lake Ming on George
Nickel's land, stated some of the problems with trespassers.
~r. Ward Studt, representing himself, said he shared
the concerns of the Planning Commission and the City Council
regarding the right of the people to enjoy access to the river.
However, the City Council has the responsibility to protect the
public's access to the river through proper control of the usage
of the river.
City Manager Bergen stated that in his opinion the
City of Bakersfield is not responsible once the people get into
the river and it is in the unincorporated area. He further
pointed out that the City of Bakersfield is located inside the
County of Kern and the City residents pay County taxes, but
County residents do not pay City taxes, and it is not fair to
expect the City residents to provide services to the people in
the unincorporated area.
Mr. Rich O'Neil pointed out that the access point under
consideration is a 15 foot corridor, on the eas~ side of which is
a barbed wire fence, which is dangerous due to the narrowness of
460
Bakersfield, California, September 10, 1980 - Page 22
the access and steepness of the bank. The other three corners
at the bridge have barbed wire across them, so public access is
not possible.
Councilman Miller questioned permitting statements of
rebuttal, as this has not been the Council's policy in the past.
Councilman Payne pointed out that it has been the standard practice
of this Council to recognize anyone who desired to address the
Council.
Mr. Tom Fallgatter stated that for some time in the past
all four corners at the Rancheria Bridge were barb-wired off,
and it was only as a result of pressure from the City that the
northeast corner was opened up. He pointed out that any action
the Council might take will affect the use of the Kern River for
years to come.
Insofar as the indication that one building lot would
be lost if an additional 25 feet of access was granted, Mr.
Fallgatter stated there was no evidence of that loss presented
at the Planning Commission hearing. From the topographical map,
it appears that the portion requested for access was completely
unbuildable, said Mr. Fallgatter, who recommended that the Council
ask for specific evidence on that.
Mr. Fallgatter stated his belief that at some point a
comprehensive study be made, but, in the meantime, perhaps the
solution is to reserve the access, require the easement, but not
allow any additional public use until a comprehensive study is
done. If the access is not reserved now, it will be gone.
Mr. Nickel pointed out that the Planning Commission did
not make a proper finding on the trespass issue or the public
safety issue, and that is what should have been addressed when
the additional access was considered as necessary. He offered
to enter into an agreement with the City that after examination
if the opportunity arose to better the situation, consideration be
given to access at the southeast corner of Rancheria Road Bridge.
Bakersfield, California, September 10, ~980 - Page 23
461
Regarding the issue of widening of the bridge at some
future time, Mr. Nickel stated that if it is widened it will be
on the west side.
No one else wishing to speak in favor or opposition,
Vice-Mayor Barton closed the public portion of the hearing for
Council deliberation and action.
Councilman Christensen stated his feeling that the
responsibility of safety on the river lies solely with parents
or whoever is using the river. He questioned whether the Council
could deny access to the river and read a portion of the Sub-
division Map Act of January 1979, which states, in part, that no
local agency shall approve either a tentative or final map of
any proposed subdivision to be fronted upon a public waterway,
river, or stream which does not provide or have available reason-
able public access.
In response to Councilman Miller's inquiry, City
Attorney Oberholzer said specifically municipalities are faced
with an obligation to keeping navigable streams open, but the
Civil Code specifies that an owner of property used for recrea-
tional purposes owes no duty of care to keep the premises safe
for entry or use by others or to give any warning of hazardous
conditions. The only time a warning would have to be given is
if there is a dangerous condition that is known, and in that
instance the City should perhaps put up a sign at the entry point,
saying that the river can be dangerous and those who are inex-
perienced should not be entering the water.
Councilman Means said it seems very clear that the
State Constitution says that the City must provide access to
the Kern River, and by providing that access we are not encourag-
ing people to use the River.
Councilman Ratty said he would like to bring the matter
back to the Intergovernmental Relations Committee, talk with the
Board of Supervisors about the problem, talk with Mr. Nickel and
462
Bakersfield, California, September 10, 1980 - Page 24
others who are concerned, and try to arrive at the best solution,
hopefully a long-term solution, for recommendation to the Council.
City Attorney Oberholzer pointed out that Mr. Nickel
has a tentative map and the map cannot be finalized until there
is a decision. Mr. Nickel restated his offer to provide an
access on the southeast corner of the bridge now so the sub-
division is not delayed, and then if it is found there is a better
solution that access could be abandoned.
City Attorney Oberholzer stated the Subdivision Map Act
requires (1) that when a subdivision borders on a river, access
must be provided from the highway to the river, and (2) when
there is a subdivision that borders on a river you are required
to provide access along the bank of the river consistent with
safety. The access referred to in the Act is called "reasonable
public access." These are requirements that must be met.
Responding to a question by Councilman Miller, Mr.
Nickel stated that Cottonwood Creek seems to be the best access
because there would be control of the public for their safety.
In response to Councilman Payne's inquiry, Mr. Nickel
stated the easement on the southeast corner would be the same
as on the northeast corner, i.e. 40 feet.
City Attorney Oberholzer stated that 15 feet on each
side of all corners of the Rancheria Road Bridge are currently
within the right-of-way and if there is a fence going up to some
of the corners of the bridge, there is no authority for that fence
and it is, in fact, an unauthorized encroachment across the right-
of-way.
In answer to Councilman Payhe's question, City Attorney
Oberholzer stated that changing the location of the access from
the northeast to the southeast corner would require a quitclaim
deed from Mr. Nickel which would delay any action that might be
taken tonight.
Bakersfield, California, September 10, 1980 - Page 25
463
Responding to Councilman Means, City Attorney Oberholzer
stated he believed a two week continuance of a decision on the
matter would be reasonable and would not be considered unreason-
able by a court if it were challenged.
Mr. Nickel stated he would have no objection if it were
handled in two weeks.
Councilman Christensen recommended that every member of
the Planning Commission and every member of the City Council view
both corners of the Rancheria Road Bridge in question, if this
matter is continued for two weeks.
After considerable discussion, upon a motion by Council-
man Christensen, Appeal by Kern River Development Company to the
decision of the Planning Commission regarding public access to
the Kern River from Tentative Tract No. 4009, located north of
and adjacent to the Kern River, east of Rancheria Road (northeast
of Rancheria Road and Kern River Bridge), was continued for two
weeks.
Councilman Ratty suggested the matter be referred to the
Intergovernmental Relations Committee for a report as to their
recommendation for access to the Kern River in this particular
area.
This is the time set for continued public hearing before
the Council on an Appeal by Rickett, Ward and Delmarter on behalf
of Coleman Company to conditions 9 and 13 of the Planning Com-
mission's approval of Tentative Tract No. 4374, affecting those
certain properties located on the northwest corner of Planz Road
and Stine Road.
This hearing was duly advertised and the property owners
were notified as required by law.
the Council Meeting of August 27,
Ward and Delmarter.
Conditions
This hearing was continued from
1980, at the request of Rickett,
9 and 13 read as follows:
464
Bakersfield, California, September 10, 1980 - Page 26
9. A 4 foot concrete invert shall be
constructed in both alleys in accordance
with City of Bakersfield Standards S-26
and S-28. The inverts shall be con-
structed prior to recordation of the
£irst phase.
13. The utility pole in the center of the
wheelchair ramp in the return at the
northwest corner of the intersection
of Planz Road and Stine Road shall be
relocated prior to recordation of the
first phase.
Vice-Mayor Barton declared the hearing open for public
participation.
Speaking in favor of the Appeal, Mr. Jim Delmarter,
representing Coleman Company, gave the Council background informa-
tion on this matter and stated he felt the conditions imposed by
the Planning Commission were unfair, inasmuch as his client is
being required to make the above changes which, when originally
constructed, were approved by the City Building Inspectors.
No one else wishing to speak in favor and no protests
or objections being received, Vice-Mayor Barton closed the public
portion of the hearing for Council deliberation and action.
In response to Councilman Ratty, Public Works Director
Hawley stated the subdivision regulations require the subdivider
to provide adequate drainage to a subdivision, and this is a new
subdivision. When the old subdivision was recorded concrete
invert gutters were not required, but under the present standard,
which was adopted by the Council in January of this year, the
concrete invert gutters are required if the grade along the alley
is £1atter than 3/10%. The existing grade at this location is
2/10% and water does pond along the alley most of the time.
This particular subdivision was accepted by the City about a
year and a half ago.
Further, regarding the construction of a wheelchair
ramp with a utility pole in the center, the original plans that
were submitted to the Engineering Department did not show the
power pole.
Bakersfield, California, September 10, 1980 - Page 27
465
Public Works Director Hawley suggested that the side-
walk be widened in back of the power pole so that there is at
least a four foot clearance. This would be much less expensive
than relocating the pole.
Responding to Councilman Means, Mr. Delmarter stated
that he estimated the construction cost for Item 9, a 4 foot
concrete invert, of $15,000, plus $1,500 to $2,000 for engineering
and construction stakings.
Councilman Means questioned, in other situations, who
is responsible? Mr. Hawley stated once a subdivision is accepted
by the City, the City would have the responsibility, but the
Public Works Department looked on this as an entirely new sub-
division that was filed after the Council adopted the present
standard requiring the concrete invert. If this was waived, it
would be up to the City to discontinue maintaining the alley as
it exists now, which would mean that water would pond most of the
time and the water would deteriorate the pavement.
Mr. Delmarter stated the Fire Department requires an
additional fire hydrant to be installed at the angle point of the
alley, which should have been done with the original subdivision,
which would cost about $9,000.
Upon a motion by Councilman Miller, Appeal by Rickett,
Ward and Delmarter on behalf of Coleman Company to conditions 9
and 13 of the Planning Commission's approval of Tentative Tract
No. 4374, affecting those certain properties located on the
northwest corner of Planz Road and Stine Road was denied, with
the stipulation that the property owner would be allowed to put
a four foot sidewalk behind the power pole (condition 13) rather
than relocating it, by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Barton, Means, Miller, Ratty
None
Councilmen Christensen, Strong
Councilman Payne
466
Bakersfield, California, September 10, 1980 - Page 28
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at 11:55 P.M.
e City of Bakersfield,
ATTEST:
mp
Calif.
467
Bakersfield,
Cali£ornia,
September 24, 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., September 24, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Christensen, Means, Miller,
Payne, Ratty, Strong
Absent: Councilman Barton
Minutes of the regular meeting of September 10, 1980
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Rene Campos, Associated Student Body President,
Garces Memorial High School, requested permission for Garces
students to conduct a "Clean-A-Thon 1980" in Downtown Bakersfield
and solicit funds from the community for school activities. Their
target date for this activity is Saturday, October 18, 1980.
Upon a motion by Councilman Ratty, the Council granted
permission to the students of Garces Memorial High School to
solicit funds from the community for school activities and conduct
a "Clean-A-Thon 1980" in Downtown Bakersfield.
CORRESPONDENCE
Upon a motion by Councilman Miller, communication from
Rene Campos, Associated Student Body President, Garces Memorial
High School, regarding a "Clean-A-Thon 1980" for Downtown Bakers-
field, was received and ordered placed on file.
Upon a motion by Councilman Means, communication from
Kern County Transportation Services, Inc., 1001 - 18th Street,
dated September 18, 1980, regarding adjustment of Taxi Cab Rates,
was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Ruth Myers, 2312 Scarborough Lane, dated September 22, 1980, sub-
mitting petitions containing approximately 168 signatures expressing
Bakersfield, California, September 24, 1980 - Page 2
opposition to the HUD funded apartment complex proposed for the
southeast corner of Ming Avenue and Cheshire Drive, was received
and ordered placed on file.
Upon a motion by Councilman Means, communication from
the Greater Bakersfield Community Development Corporation, 615
California Avenue, Suite 9, dated September 24, 1980, regarding
the expiration of Contract No. 80-7 to study existing economic
conditions in Central Bakersfield and conceive strategies to
strengthen the economy and generate greater economic opportunities
in the area, was received and referred to the Budget Review and
Finance Committee for appropriate action.
COUNCIL STATEMENTS
Upon a motion by Councilman Means, Assistant City Attorney
Arthur J. Saalfield was appointed as the City Attorney's alternate
to the Board of Zoning Adjustment, term expiring December l, 1982.
Councilman Strong made the following statement regarding
the criteria that will be used to fill the City Manager's position:
Very soon the Council will undertake the diffi-
cult task of choosing a new City Manager. I
believe it is safe to say that a majority of
the Council is favorable towards considering
local in-house staff for that position, at this
point; that is, before seeking candidates
abroad. In our sincere effort to be fair the
Council will automatically consider every
member of the City's Management staff who is
eligible for the position. Because of the
sensitive nature of this particular selection
process we are asking that no one submit an
application until requested to do so by the
Council. Ample time will be given to each
candidate contacted to prepare a formal appli-
cation and resume. Also the Council is very
desirous of maintaining the good working
relationship which now exists between the
Manager and Management staff. For that reason
the Management staff will be asked to partici-
pate in the selection process with the candid
assurance that their recommendations will be
seriously considered. Finally, the Council
would not want its decision to recruit from
within, on this particular occasion, to set
a precedent. The Council wants the record
to show that it reserves the right to advertise
outside for this or any other position in the
future.
Bakersfield, California, September 24, 1980 - Page 3
469
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 14-80 regarding Budget Adjust-
ments Reserves, as follows:
This Committee has met to finalize a number of
budget matters which have been held in abeyance
pending the closing of the City's financial
records for the 1979-80 fiscal year and receipt
of property tax information for 1980-81 from the
County of Kern. Attachment #1 to this report
represents the final budget summaries for the
1980-81 fiscal year. The following is a dis-
cussion of these budget items and the Committee's
recommendations.
Rate Increase - Contract Refuse Collectors
The Committee has met with representatives from
the contract collectors, reviewed their cost
information .justifying their 15% rate increase
request and reviewed the costs being experienced
by the City in its refuse collection operation.
We are satisfied this increase is warranted and
would therefore recommend it, retroactive to
July 1, 1980. We understand the outside
collectors are desirous of making certain
changes in the contract relative to the service
they provide, however, this Committee also
desires to make certain modifications to the
contract and during this fiscal year we anti-
cipate meeting with the outside collectors to
work out these changes.
Recreation Programs
The City has received numerous requests for
recreation programs for boys and girls in the
9-11 grades. The recreation staff has reviewed
their overall program and feels we do have a
deficiency in this area. Attachment #2 to this
report outlines two programs which have
considerable interest (boy's and girl's summer
basketball and boy's and girl's physical
conditioning) and the cost is quite low. Both
of these programs would begin at the end of
June and would not require any funding this
year.
In addition, there has been considerable
interest in increasing the number of summer
band concerts at Beale Park. These programs
are well received and proven to be quite
successful. At a cost of $1,000 two additional
concerts could be provided. Again, no funds
would be necessary this fiscal year as they
would not begin until the 1981-82 fiscal year.
This Committee would recommend the Council
authorize the recreation staff to include
47'0
Bakersfield, California, September 24, 1980 - Page 4
these additional band concerts and two recreation
programs in their overall recreation program
and make the necessary plans to implement them
at the appropriate time.
Telephone System
For a number of years, the City has been tied
in on a centrex telephone system with the County.
The present system is about at capacity and
will not be able to accommodate the additional
lines necessary when the new City Hall addition
is completed. In addition, the present system
provides a very unsatisfactory level of service
with many problems. The telephone company has
submitted a proposal for a new centrex system
solely for the City which will operate directly
from the telephone company with a capacity of
1,000 lines. The cost of the system is $17,000
and an additional $3,000 is necessary to cover
the cost of installation charges for the tele-
phones in the new wing. The Committee would
recommend we proceed with the new system.
Management and Confidential Groups Salary Study
In its report in July to the City Council re-
garding salaries, the Governmental Efficiency
and Personnel Committee recommended the Council
conduct an outside independent salary study
this year of the above groups. Staff has made
inquiries as to the possible cost of a study
and determined that $15,000 would be adequate.
The Committee would recommend this amount be
added to the budget.
Additional Police Cars
The City Council recently approved four addi-
tional Detective positions in the Police
Department. The Police Department has sub-
sequently discovered it did not request addi-
tional police vehicles for these positions.
The Police Chief has conducted a survey of
his fleet and determined he would need three
vehicles to satisfy this need. Me also
indicated used cars would be adequate in lieu
of purchasing new ones. The Committee would
therefore recommend that $20,000 be budgeted
for either new or used vehicles, however
suggests staff take resale value into considera-
tion when purchasing these vehicles.
Vehicle Maintenance
The Police Chief and Public Works Director have
both expressed a concern regarding the appearance
of Police vehicles in light of their almost
24 hour per day use. The only facilities the
City has for this purpose is a drive through
car wash. However, the drivers must vacuum and
do any other handwork themselves. It is pro-
posed that twice a year the Police vehicles be
Bakersfield, California, September 24, 1980 - Page 5
471
detailed, waxed and thoroughly cleaned. This
can be accomplished for $35 per vehicle at an
annual cost of $5,000. The Committee supports
this proposal.
Reserves
In our report in June on the Operating Budget,
we discussed the necessity of the City main-
taining adequate reserves and the City's
ability to be on a cash basis. Based on the
anticipated property tax revenues for 1980-81
and the sewer service charge being primarily
collected through the property tax bills,
approximately $3.6 million will be received
from the County in December. Considering the
present amounts in the cash basis and equipment
replacement reserves, an increase of $500,000
is necessary to place the City in a cash basis
position. The Committee would recommend this
adjustment be made. These reserves earn interest
for the City which helps to offset the cost of
government, as well as saving the City money by
not having to borrow, like some other govern-
mental entities must do, to pay bills until
monies are received in December from the
County.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 14-80 regarding Budget Adjustments
and Reserves, was accepted; and recommendations as outlined in
the report, were approved, by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong
Noes: None
Absent: Councilman Barton
City Manager Bergen read a report, dated September 17,
1980, regarding the Intergovernmental Relations Committee's Meeting
on Recommendation of Firm to Perform Fire Station Location Survey,
as follows:
The formalization of the Joint Powers Agreement
which exists between the City of Bakersfield
and the County of Kern to unify fire services
resources occurred on May 7, 1980. This agree-
ment sets forth a series of provisions chief
among which was the performance of a fire
station location survey which would cover the
area of Metropolitan Bakersfield. Specifically,
Section 2 on Page 2 of the Joint Powers Agree-
ment reads as follows:
A professional study shall be com-
missioned of outside professional
472
Bakersfield, California, September 24, 1980 - Page 6
people to determine the most effective
level of service in fire station
location within the Metropolitan Area
of Bakersfield, with City and County
sharing the cost of the study.
The Fire Chiefs of the City of Bakersfield and
the County of Kern, Me~rs. Dennis Needham and
Carl Williams, requested the County Purchasing
Department to solicit proposals for the employ-
ment of a firm to conduct the fire station
location survey soon after the Joint Powers
Agreement was approved. The Purchasing Depart-
ment notified consulting firms that were
familiar with and have had experience in the
area of fire station location surveys. Six
firms responded to this solicitation and the
two Fire Chiefs studied the proposals. The
two Chiefs have now recommended the firm of
Gage-Babcock & Associates, Inc. to perform the
desired survey. This recommendation was made
to the City-County Intergovernmental Services
Committee on September 2, 1980 and the Com-
mittee has approved the recommendation for
submittal to the £ull City Council and full
Board of Supervisors.
The reasoning behind this choice is that Gage-
Babcock & Associates has had extensive experience
with this type of work in California and through-
out the United States. Attached to this report
is a roster of the Public Fire Protection
Projects that this firm has been involved with
in California and other States. The Fire Chiefs
believe that the other firms had less experience
in this specific area and that the Gage-Babcock
& Associates experience was much more extensive
and applicable to the requirements of the local
fire station location survey.
The cost of the Gage-Babcock engagement would be
$34,500 to be shared equally, in $17,250 amounts,
by the City of Bakersfield and the County of
Kern. The survey would require 120 days of
work and would begin in approximately one month.
The Gage-Babcock proposal is also attached for
review by the full City Council and full Board
of Supervisors. This proposal has been reviewed
for legal adequacy by the County Council's
Office and has been converted to an agreement
between the City and County and Gage-Babcock
& Associates.
Since the fire station location survey is deemed
to be an important and integral portion of the
effort to unify fire services in the Metropoli-
tan Bakersfield Area it is recommended (1) that
the County Board of Supervisors and the City
Council approve the engagement of Gage-Babcock
& Associates and authorize their Chairmen to
sign; (2) that the City Council and Board of
Supervisors, respectively, authorize the
necessary budgetary provisions to account for
the equal sharing of the $34,500 total cost of
the Gage-Babcock & Associates engagement.
Bakersfield, California, September 24, 1980 - Page 7
473
Upon a motion by Councilman Ratty, report from the City
Manager regarding the Intergovernmental Relations Committee's
Meeting on Recommendations of Firm to Perform Fire Station Location
Survey, was accepted; the firm of Gage-Babcock & Associates was
approved to conduct the Fire Station Location Survey and the Mayor
was authorized to execute the contract; and authorization was
granted to make the necessary budget transfer of $17,250 from the
Council's Contingency Fund to the Fire Department to account for
the equal sharing of the $34,500 total cost of the contract with
Gage-Babcock & Associates, by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong
Noes: None
Absent: Councilman Barton
City Manager Bergen presented a report, dated September
18, 1980, regarding Interim Improvement Plan - City Wastewater
Treatment Plant No. 3, as follows:
On June 4, 1980, the City entered into an agree-
ment with John Corollo Engineers and Quad
Consultants to provide the City with a Facilities
Plan Report for Upgrading and Expansion of Waste-
water Treatment Plant No. 3. This report will
provide a technical and financial plan for the
plant expansion program with an estimated com-
pletion date during fiscal year 1984-85.
Due to Plant No. 3 being near capacity, the
Public Works Department also requested a report
on an interim plan which could be implemented
within this fiscal year.
The attached report provides the City with an
interim plan for improvements at Treatment
Plant No. 3 which will allow continued develop-
ment within the Plant No. 3 service area while
the major expansion program is being processed.
Upon a motion by Councilman Ratty, report from the
Director of Public Works, dated September 18, 1980, regarding
Interim Improvement Plan - City Wastewater Treatment Plant No.
was accepted and referred to the Water and City Growth Committee.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 4-80 regarding Financial
Support for Kern Philharmonic, as follows:
474
Bakersfield, California, September 24, 1980 - Page 8
This Commitfee has met with representatives of
the Kern Philharmonic to discuss their request
of financial support from the City. As the
Council may recall last year the City contributed
$1,750 and the County contributed $3,500 to this
worthwhile community program. This amount has
proven to be less than what is needed to keep
the Philharmonic in a sound financial position
therefore, they have requested additional help.
The County of Kern recently budgeted $10,000
towards the Kern Philharmonic and this Committee
feels that the City should show our support by
increasing its contribution from $1,750 to
$3,500. We are therefore recommending Council
approval for this amount with the additional
$1,750 to be paid from the Council Contingency
Fund.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 4-80 regarding Financial Support
for Kern Philharmonic, was accepted; and recommendation as out-
lined in the report, was approved.
Director of Fire & Development Services Needham stated
the Council was provided a copy of a memorandum regarding the use
of Community Development Block Grant Funds. It is important that
the Council establish a policy regarding requests from outside
organizations to use these funds for social and other purposes.
It is recommended that this matter be referred to the Budget Review
and Finance Committee for study and recommendation.
Upon a motion by Councilman Strong, the matter of estab-
lishing a policy regarding requests from outside organizations to
use Community Development Block Grant Funds for social and other
purposes, was referred to the Budget Review and Finance Committee
for study and recommendation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1524 to 2010,
inclusive, in the amount of $590,511.85.
(b)
Claim for Damages from Richard Vaughn
Hummel, 1410 Oregon Avenue, Bakersfield.
(Refer to City Attorney)
(¢)
Claim for Damages from Darryl L. Richard-
son, 1008½ "H" Street, Bakersfield.
(Refer to City Attorney)
Bakersfield, California, September 24, 1980 - Page 9
475
(d)
(e)
(£)
g)
h)
±)
(J)
(k)
(1)
Claim for Damages from Kelly R. Mason,
2807 San Emidio Street, Bakersfield.
(Refer to City Attorney)
Claim for Personel Injuries from David
G. Naney, Attorney at Law, 1300 17th
Street, Bakersfield, on behalf of Richard
Bradshaw. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Billy W. McMillion, 333 Northrup
Street, Bakersfield. (Refer to City
Attorney)
Claim for Damages and Personal Injuries
from Jacobson & Gianquinto, Law Offices,
on behalf of Marta J. Lanquist. (Refer
to City Attorney)
Plans and Specifications for resurfacing
portions of Stockdale Highway, west of
McDonald Way.
Plans and Specifications for construction
of Storm Drain in Kern Street, south of
19th Street.
Plans and Specifications for the Auburn
Street Storm Drain.
Notices of Completion and Acceptance of
Work for:
Construction of Security Lighting for
University Park, Contract No. 80-42 with
Jimco Electric Company. The contract
completion date was September 8, 1980,
and it was completed on September 15,
1980. The Public Works Department recom-
mends a five working day extension due
to delay caused by sprinkler contractors
operations.
Sandblasting and Painting the Central
Fire Station, Contract No. 80-86 with
Athletic Painters.
Contract Change Order No. 1 to Contract
No. 80-86 with Athletic Painters for
painting exterior of Central Fire Station.
This Change Order provided for painting
out-buildings and wall located behind the
Central Fire Station which were not covered
under the original contract. Total cost
increase due to this Change Order is $825.
Total project cost is $12,411. Sufficient
funds are available in Account No.
54-693-9200 for this work.
476
Bakersfield, California, September 24, 1980 - Page 10
(m)
Novation between original Consultant, a
substituted Engineer and the City of
Bakersfield. This novation provides for
the replacement of BPW Engineers by
Thomas R. O'Connor, Inc., as Consultant
for Contract No. 79-182 for Consultant
Services for a Public Improvement
District in the vicinity of Rosedale
Highway, Freeway 99 and the Hilton Inn.
(n)
Map of Tract No. 4227 and Improvement
Agreement with Kern County Builders for
construction of improvements therein,
located south of Marella Way, west of
Montclair Street.
(o)
Map of Tract No. 4361 and Improvement
Agreement with Mt. Vernon Vista Condo-
miniums for construction of improvements
therein, located north of Columbus Street
between Vassar Street and Mt. Vernon
Avenue.
(P)
Improvement Agreement for Parcel Map No.
5889 with Grand Auto, Inc., for construc-
tion of improvements therein, located on
the east side of Wible Road, south of
Ming Avenue.
(q)
Plans and Specifications for construction
of a two million gallon water storage
system in the Laurelglen Area.
(r)
Request from Leo J. Wilson, New City
Realty & Insurance Company, for amend-
ment to the General Plan for an apartment
complex on Wilson Road between Marshall
Street and Fremont Street. (Refer to
Planning Commission for study and recom-
mendation)
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q) and (r) of the Consent Calendar, were adopted by the following
rol~ call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong
Noes: None
Absent: Councilman Barton
ACTION ON BIDS
Upon a motion by Councilman Miller, low bid of Granite
Construction Company for street improvements on Camden Street,
Russell Way and Panorama Drive, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Bakersfield, Cali£ornia, September 24, 1980 - Page ll
477
Upon a motion by Councilman Means, low bids of Wardlaw
Fire Equipment for Air Bottles and Halprin Supply Company £or
Breathing Apparatus for the Fire Department, were accepted and all
other bids rejected.
Upon a motion by Councilman Ratty, low bid of Halprin
Supply Company for Turnout Coats and Pants for the Fire Department,
was accepted and all other bids rejected.
Upon a motion by Councilman Miller, low bid of Jensen
International, Inc., for Street Patch Truck, was accepted, the
other bid rejected and Budget Transfer from Account No. 81-484-6100
to Account No. 81-484-7300, in the amount of $10,572.24, was approved.
Upon a motion by Councilman Payne, low bid of Ameron
Pole Products for Signal Standards and Posts, was accepted and
the other bid rejected.
Upon a motion by Councilman Payne, low bid of James G.
Francis Company for resurfacing South Real Road between Ming Avenue
and Oro Vista Avenue, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, all bids for the
construction of a Pumphouse for the Domestic Water Department at
Station No. 9 on Quailwood Drive, were rejected and the staff was
authorized to re-evaluate the project and readvertise for bids.
Upon a motion by Councilman Miller, low bid of Western
States Fire Apparatus of California for Rescue Tool for the Fire
Department, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
NEW BUSINESS
Adoption of Resolution No. 60-80 of
the Council of the City of Bakers-
field amending objectives, criteria
and procedures and the preparation
of Environmental Documents, supple-
mentary to California Environmental
Quality Act and the State EIR Guide-
lines and superseding City of
Bakersfield Resolution No. 39-78.
478
Bakersfield, California, September 24, 1980 - Page 12
Ayes: Councilmen
Noes: None
Absent: Councilman Barton
This resolution adopts amended City EIR procedure to
supplement the Environmental Quality Act and State EIR Guidelines
and will bring the City up-to-date with recent amendments in State
law and regulations.
Upon a motion by Councilman Ratty, Resolution No. 60-80
of the Council of the City of Bakersfield amending objectives,
criteria and procedures and the preparation of Environmental
Documents, supplementary to California Environmental Quality Act
and the State EIR Guidelines and superseding City of Bakersfield
Resolution No. 39-78, was adopted by the following roll call vote:
Christensen, Means, ~iller, Payne, Ratty,
Strong
Approval of Negative Declaration for
construction of a two million gallon
Water Storage System in the Laurelglen
Area.
The Planning Commission reviewed the project and approved
its conformance with the General Plan.
Upon a motion by Councilman Ratty, Negative Declaration
for construction of a two million gallon Water Storage System in
the Laurelglen Area, was approved.
Approval of Application by McDonald
Corporation for a 60 foot high sign
at 2701 White Lane.
McDonald Corporation proposes to use an existing sign
structure for their 240 square foot sign. The proposed sign meets
the Sign Ordinance limitation for the area.
The Sign Ordinance requires City Council review of all
signs which exceed 50 feet in height.
The are six other signs exceeding 50 feet in height within
one block distance.
Upon a motion by Councilman Payne, application by
McDonald Corporation for a 60 foot high sign at 2701 White Lane,
Bakersfield, California, September 24, 1980 - Page 13
479
was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Miller, Payne, Strong
Councilmen Means, Ratty
Councilman Barton
Authorization granted to place Lump
Sum Drawdown on deposit with Security
Pacific National Bank for Community
Development Home Improvement Loan
(CHFA) Program.
CHFA regulations (Section V) require prepayment of sub-
sidy prior to releasing loan funds. In order to facilitate the
timely disbursement of subsidy payments, a lump sum drawdown is
required. These funds will be deposited with Security Pacific
National Bank, the program lender in the State of California. The
amount to be deposited is $100,000 in Community Development Block
Grant Funds.
Upon a motion by Councilman Strong, authorization was
granted to place Lump Sum Drawdown on deposit with Security Pacific
Bank for Community Development Home Improvement Loan (CHFA)
National
Program.
Approval of submission of Department
of Energy Application for Low-Head
Hydro-Electric Feasibility Loan, with
additional applications to the Federal
Energy Regulatory Agency and State
Water Resources Board; approval of
Participation Agreements between the
City and North Kern Water Storage
District and Kern Delta Water District;
and City Manager appointed as Project
Manager.
Staff is seeking authorization to submit two separate
applications to the Department of Energy (DOE) for funds to generate
a feasibility study for the development of low-head hydro-electric
generating facilities at the present location of the Beardsley and
Rocky Point Diversion Weirs. The development program will involve
joint participation efforts with the North Kern Water Storage
District (Beardsley location) and the Kern Delta Water District
(Rocky Point location). The City will be the principal participant
in this program.
480
Bakersfield, California, September 24, 1980 - Page 14
Upon a motion by Councilman Ratty, submission of Depart-
ment of Energy Application for Low-Head Hydro-Electric Feasibility
Loan, with additional applications to the Federal Energy Regulatory
Agency and State Water Resources Board, were approved; Participation
Agreements between the City and North Kern Water Storage District
and Kern Delta Water District, were approved and the Mayor was
authorized to execute same; and the City Manager was appointed as
Project Manager.
Authorization granted to staff to
continue to study organizational
models and develop an implementation
strategy as outlined in the Draft
Final Report on California Solar
Utility Development Authority (CSUDA)
study, with the understanding that
the Council is not adopting any
strategy or model and it must come
back to the Council for further
action.
In November, 1979, the City of Bakersfield agreed to
enter into a Joint Powers Agreement with £ive other California
cities for the purpose of studying methods that would strengthen
and accelerate the integration of solar energy technology and
various other alternative energy sources into our economy and
society. The final obligation to the State Energy Commission
(who funded this program) was to make a complete report outlining
two organizational models that could serve to meet the primary
goal of accelerating energy conservation and utilization of
alternative sources of energy.
Councilman Means made a motion that the staff be granted
authorization to continue studying organizational models and develop an
implementation strategy as outlined in the Draft Final Report on
California Solar Utility Development Authority (CSUDA) study.
During discussion Councilman Miller stated he sees this
document as a blueprint £or the City to get into the public or
energy utility business. It should be made clear that he is not
against conservation or solar, however, he has some serious questions
about the document before the Council this evening.
Bakersfield, California, September 24, 1980 - Page 15
481
Councilman Payne stated everyone here is in favor of
energy conservation, but he cannot support this proposal. The
timing is wrong and this proposal will add another layer of
government that is not needed and the end result would be the City
Department of Water and Power. Councilman Payne further stated
that since he will oppose it in December any further study on
behalf of the staff is a waste of time, energy and effort.
Councilman Ratty stated that right now there is not a
market for most of the items proposed and he would like to take
another look at it again in 6 months to a year. Right now is too
soon and it is getting way ahead of ourselves.
Councilman Means stated it should be made very clear that
the motion is just to authorize the staff to further study the
implementation strategy of the models that have been presented.
All that is being requested tonight is what the Council does and
does not like about it. The suggestions from the Council will be
taken into consideration by staff and the committee and brought
back to this body in December with answers. To oppose this project
tonight very clearly represents a philosophical position to a
decentralized energy policy. Councilman Means related to the
Council what will probably happen in this nation in the next year
as far as energy is concerned. By voting against this the Council
is seriously neglecting the people they represent.
Councilman Payne stated what was originally proposed was
a nonstanding and nonofficially recognized City Energy Committee
and now the Council is dealing with a regional task force. It is
understood that the staff is merely making recommendations. That
is also what they have done on the Energy Task Force, but recom-
mendations should say encourage, request, suggest, etc., and not
such nonsense as enforce, prohibit, shall, must, will, limit,
restrict, mandate, etc. The Council has been down this road since
November, 1979, and we are going to be forced, if the Californian
482
Bakersfield, California, September 24, 1980 - Page 16
is correct, to either support or oppose requests to abolish parking,
mandated implementation or installment of low water toilets, certain
percentage of east/west streets mandated in each subdivision and
this is the same thing this project is leading to right now. If
the Council wants to spend the additional time, energy and money
to conduct this study and then have a battle 5 or 6 months from
now to determine whether or not it will be enforced then that is
fine; but the Council is still being led down the same path toward
the same objective and I oppose it now and will oppose it in
December if it is still an issue.
Councilman Strong requested that Councilman Means amend
his motion to state that the staff continue with the study with
the understanding that the completed strategy and study come back
to the Council for study and recommendation.
Councilman Means indicated he would amend his motion to
include Councilman Strong's request.
Councilman Strong requested that the record show that
the Council is not adopting any "strategy" or "model" tonight,
but that the staff would be authorized to continue further study
toward implementing a completed strategy.
Councilman Means' amended motion that the staff be
authorized to continue to study organizational models and develop
an implementation strategy as outlined in the Draft Final Report
on California Solar Utility Development Authority (CSUDA) study,
with the understanding that the Council is not adopting any strategy
or model tonight and it must come back to the Council for any
further
Ayes:
Noes:
Absent:
that in
deciding vote,
action, was adopted by the following roll call vote:
Councilmen Christensen, Means, Strong
Councilmen Miller, Payne, Ratty
Councilman Barton
Pursuant ot Section 14 of the City Charter, which states
case of a tie vote by the Council, the Mayor shall cast the
Mayor Hart voted Aye.
Bakersfield, California, September 24, 1980 - Page 17
483
Mayor Hart prefaced his vote by stating he wants it
clearly understood if he votes in favor of this request, by the
staff to pursue this matter, that the Council is not committed to
a long term program that is irretrievably beyond the reach of this
City Council. Any model, strategy or recommendation should embrace
the opponents concerns as well as those in favor. Mayor Hart
assured the staff that should all of these things that have been
questioned by Councilmen Miller, Payne and Ratty, not be satis-
factorily answered and put into the body of the new proposition,
that will be submitted to the Council for action, he would oppose
it.
Failure or neglect of Richard S.
Moberg to begin work of improvements
required by Agreement No. 79-86 and
City Attorney authorized to proceed
with action necessary to obtain
performance under the terms of the
agreement.
Richard S. Moberg agreed to perform improvements including
curbs, gutters, sidewalks and water system to property described in
Agreement No. 79-86. The improvements were to be completed by
May 31, 1980. None of the improvements have been commenced. In
order for the City to execute upon the bond, it is necessary that
the Council make a finding that the improvements have neither begun
nor been completed as of this date.
Upon a motion by Councilman Ratty, the Council determined
that Richard S. Moberg failed or neglected to begin work of improve-
ments required by Agreement No. 79-86 and the City Attorney was
authorized to proceed with action necessary to obtain performance
under the terms of the agreement.
HEARINGS
This is the time set for continued hearing before the
Council on an Appeal by Kern River Development Company to the
decision of the Planning Commission regarding public access to the
Kern River from Tentative Tract No. 4009, located north of and
484
Bakersfield, California, September 24, 1980 - Page 18
adjacent to the Kern River, east of Rancheria Road (northeast of
Rancheria Road and Kern River Bridge).
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 10, 1980.
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in this matter and in
the absence of Vice-Mayor Barton he yielded the chair to senior
Councilman Strong.
Councilman Strong declared the hearing open for public
participation.
Mr. Tom Fallgatter, member of the Planning Commission
speaking as a private citizen, recommended that the Planning
Commission's decision be upheld and access to the Kern River be
provided.
Mr. Rich O'Neil, representing the Kern River Parkway
Committee, thanked the Council for personally going to the Kern
River and viewing the access point at Rancheria Road this week
and also thanked Mr. Nickel for offering the southeast corner for
access. The Kern River Parkway Committee is in favor of current
laws guaranteeing public access to the Kern River. They would
urge approval of public access to the 40 foot margin as suggested
by the Planning Commission.
Mr. Harry Love, representing himself, stated there are
two constitutional rights the citizens of California have; (1)
use of waterways and (2) use of public beaches. The Council should
consider the development going on around the Kern River in years to
come and the public will have a greater problem gaining access.
Mr. Scott Brooke, representing the applicant Kern River
Development Company, stated that at Rancheria Bridge there currently
exists sufficient access to the river and requested that the develop-
ment, as planned, be authorized to proceed. Mr. Brooke requested
Bakersfield, California, September 24, 1980 - Page 19
485
that the Council and County representatives meet with them and
other interested landowners in an effort to achieve an overall
solution to the use of the Kern River. Mr. Nickel, his client, has
suggested as an alternative, if it is necessary, that the opposite
side of the river (southeast corner o£ the bridge as opposed to
the northeast corner), would be preferable because it would not
have such a detrimental effect on the subdivision.
City Attorney Oberholzer stated that State law requires
that before a tentative or final map is approved that there has
to be reasonable access to the river through a subdivision or along
the river frontage on a subdivision, or else the Council may find
that there is reasonable public access within a reasonable distance
of the subdivision. In determining that the size of the subdivision,
topography of the river and banks, possible uses of the river
(swimming, boating, fishing and rafting), likelihood of trespassing
and safety along the banks must be considered. If the Council finds
there is reasonable access within a reasonable distance to the sub-
division it cannot be made contingent upon an event happening at a
later date. The reason for this is that once that finding is made
the map may be filed and recorded in its final form.
Mr. George Nickel, landowner and developer of Tract No.
4009, stated the southeast corner instead of the northeast corner
of the bridge would have the advantage of not interfering in the
subdivision and has better access to the river. Mr. Nickel stated
he is not opposed to providing further access to the river at the
southeast corner. Mr. Nickel asked the City Attorney if this
access is given and not used, and a permanent program at Cotton-
wood Creek is substituted, can the City assure him they will give
up that access?
City Attorney Oberholzer stated the Council cannot give
an assurance that that access would be given up at some later date,
because it would require some type of legislative act and the
Council cannot bind themselves to a later legislative act.
486
Bakers£ield, California, September 24,
1980 - Page 20
Mr. John Sweetzer, kayaker and river user, stated the
northeast corner is a safer access to the river than the southeast
corner.
No further protests or objections being received and no
one else wishing to speak in favor, Councilman Strong closed the
public portion of the hearing for Council deliberation and action.
Councilman Christensen stated this is a delicate subject
that can affect future generations and this problem should not be
rushed into without a lot of consideration. Councilman Christensen
made a motion that the matter of public access to the Kern River
from Tentative Tract No. 4009, located north of and adjacent to the
Kern River, east of Rancheria Road (northeast of Rancheria Road and
Kern River Bridge), be continued for a minimum of 60 days in order
to allow the City Attorney time to provide a detailed analysis of
the options as they relate to the river and City.
During a lengthy discussion Councilman Payne stated he
could support Councilman Christensen's motion if the southeast
side was cleaned up and made as safe as the northeast side and
that the hearing be continued for only 30 days instead of 60 days.
Councilman Christensen agreed to amend his motion to
continue the hearing until October 29, 1980.
Councilman Miller offered a substitute motion that the
City accept the 25' x 40' on the southeast corner by grant deed
from Mr. Nickel after it has been cleaned up and made in appearance
to be approximately the same as the northeast corner of Rancheria
Road and the Kern River, make the finding that this provides adequate
access to the Kern River for completion of Tract No. 4009; and it
is the intent of this Council, at a later date, that consideration
be given to abandoning that 25' section in exchange for access to
the Kern River by a grant deed easement at Cottonwood Creek. The
Bakersfield, California, September 24, 1980 - Page
487
substitute motion carried by the following roll call vote:
Ayes: Councilmen Miller, Ratty, Strong
Noes: Councilmen Christensen, Means
Absent: Councilman Barton
Abstaining: Councilman Payne
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at ll:10 P.M.
MAY ie d, Calif.
ATTEST:
CITY C~RK and Ex ~'~o Clerk of the Council
of th~ City of Bakersfield, California
ma