HomeMy WebLinkAboutOCT - DEC 1980488
Bakersfield, California, October 8, 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., October 8, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Means, Miller, Payne, Rat~y,
Absent: None
Strong, Barton, Christensen
Minutes of the regular meeting of September 24, 1980
were approved as presented.
PRESENTATION OF PLAQUE
Mayor Hart presented a plaque to Darin Brewer for out-
standing accomplishments of a handicapped person.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
the California Regional Water Quality Control Board, Central Valley
Region, dated September 24, 1980, regarding complaint of possible
violation of Cease and Desist Order for City of Bakersfield Waste-
water Treatment Plant No. 2, was received and referred to the
Public Works Department for action.
Upon a motion by Councilman Christensen, communication
from Don Arnold, 2000-23 Ashe Road, dated September 26, 1980,
filing a complaint against Roundtable Pizza located in the Sage-
point Shopping Center at Ming and Ashe Road, Conditional Use
Permit No. 3507, was received and referred to the Planning Com-
mission for action.
Upon a motion by Councilman Strong, communication from
Stephen E. Cobb, 12534 Baker Court, Chino, California, dated
September 25, 1980, regarding a complaint against the Buena Vista
Recreation Area, is to be forwarded to the Kern County Board of
Supervisors and Mr. Cobb is to be informed that this is not within
the jurisdiction of the City of Bakersfield.
Bakersfield, California, October 8, 1980 - Page 2
489
Upon a motion by Councilman Means, communication from
the City of Stockton, Mayor Daniel A. O'Brien, dated September 26,
1980, requesting opposition to Pacific Gas & Electric Company's
application for a rate increase, was received and ordered placed
on file.
Upon a motion by Councilman Barton, communication from
Chris A. Addington, Architect, 9339 Rosedale Highway, dated October
2, 1980, requesting an amendment to the General Plan for property
located on the south side of Planz Road, approximately 310 feet
west of South "H" Street, was received and referred to the Plannin~
Commission for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Governor Edmund G. Brown, Jr., dated September 29, 1980,
regarding data on prospects and implications of a great earthquake
in California, was received and ordered placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Payne, Assembly Bill 3217,
as amended by Nolan of the Criminal Justice Committee, regarding
Reserve Peace Officers, was received and referred to staff and
the Chief of Police for study and recommendation.
Upon a motion by Councilman Payne, communication he
received from Joan Holt Lindsey, 904 Camino Del Oeste, regarding
additional police protection, was received and referred to staff
and the Chief of Police for study and recommendation.
Councilman Miller stated that it is his intention, at
the Council Meeting of October 29, 1980, to nominate Mac D. Culver
to fill
Board.
the vacancy on the Miscellaneous Departments Civil Service
Councilman Payne,
Committee, read Report No.
for City Wastewater Treatment
REPORTS
Chairman of the Water and City Growth
1-80 regarding Interim Improvement Plan
Plant No. 3, as follows:
490
Bakersfield, California, October 8, 1980 - Page 3
On October l, 1980, the Water and City Growth
Committee met to consider a report of John
Carollo Engineers and Quad Consultants on 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.
After reviewing the alternatives outlined in
the report and discussion with the staff on
the short and long range plans for development
in the Southwest area, it is the Committee's
recommendation that the following steps be
taken:
Adopt Interim Treatment Option 4 which is
to add pumping and aeration capacity at
the plant. The cost of this upgrade will
be approximately $750,000 and virtually
all elements would be used in the future
plant upgrading. Sufficient funds are
available from the Southwest Sewer Bonds
to finance this work.
Adopt Interim Disposal Option 4 which is
to negotiate with Lewis and Falletti Farms
for accepting added water. The cost of
this option would be approximately $10,000.
Employ an Engineering Consultant qualified
to perform civil and sanitary engineering
services to design the interim treatment
and disposal plans. Due to Plant No. 3
being near capacity, this should be done
as soon as possible.
Negotiate an agreement with Tenneco Develop-
ment Corporation for design, construction
and financing of the collection system to
serve the unsewered City area located
westerly of the Arvin-Edison Canal.
o
Sewer connection fees collected by the City
should be placed in a reserve fund to pay
for the City's share of the long range
plan for upgrading and expanding Plant No.
3.
Upon a motion by Councilman Payne, Water and City Growth
Committee Report No. 1-80 regarding Interim Improvement Plan for
City Wastewater Treatment Plant No. 3, was accepted; and recom-
mendations as outlined in the report, were approved.
Director of Public Works Hawley presented a report,
dated October 3, 1980, regarding Winter Tree Spraying Program, as
follows:
The attached memorandum is in response to
Councilman Means' request on August 27, 1980
for a report on initiating a tree spraying
Bakersfield, California, October 8, 1980 - Page 4
491
program during the winter season for trees
located on the public right of way between
the curb line and property line.
A normal tree spraying program is in four
phases. If only the winter phase was done, it
would accomplish more than the other phases.
It would help control scale, spider mites and
several other diseases and pests prevalent in
this area. However, most of the complaints we
receive are regarding more visible pests such
as caterpillars and aphids, and the winter
phase would not control these pests.
If the Council desires to reinstitute the
winter phase of a tree spraying program, I
would recommend this be done on a user pay
basis through an annual contract with a £irm
that is licensed as a pest control applicator.
The cost to the homeowner, with the City pro-
viding the service through an annual contract,
is estimated to be $12-$15 per tree. Presently,
tree spraying service is available from private
contractors for approximately $25 per tree.
The annual contract cost is cheaper because
many trees could be scheduled to be sprayed at
one time.
An annual contract to spray all the trees in
the public right of way that would benefit from
the winter spraying phase would cost $70,000 and
require that amount to be transferred from the
Council Contingency Fund. On a user pay basis
it is estimated that only 30% of the trees
would be sprayed and that $20,000 would be
required from the Council Contingency Fund.
If the public response is greater than we
anticipate, it will be necessary to transfer
additional funds or discontinue the program.
Upon a motion by Councilman Means, report from the
Director of Public Works, dated October 3, 1980, regarding Winter
Tree Spraying Program, was accepted and referred to the Budget
Review and Finance Committee.
City Attorney Oberholzer presented a report regarding
Charter Revisions, as follows:
At the regular City Council Meeting of August
27, 1980, the City Attorney was directed to
review and recommend to the City Council changes
to the City Charter, including reviewing the
recommendations of the Charter Review and
Advisory Committee.
Attached to this report are (1) the changes
recommended by the City Attorney's Office to
bring the Charter into compliance with the
Constitution, decisions of the courts and, in
some instances, State law; and (2) the changes
492
Bakersfield, California, October 8, 1980 - Page 5
recommended by the Charter Review and Advisory
Committee abolishing the three Civil Service
Boards and establishing one seven-member Civil
Service Commission.
It is recommended that these proposed revisions
be reviewed and considered by the City Council.
If the City Council desires to have these, or
similar, changes to the Charter submitted to
the electorate at the March 3, 1981 election,
it must adopt a resolution so stating no later
than November 19, 1980. Consequently, time is
of the essence, since the Council must direct
the City Attorney to prepare the measures in
ballot form prior to November 19, 1980.
It should be pointed out that the recommendations
made by the City Attorney's Office are what may
properly be termed "housekeeping revisions,"
that is, revisions to bring the Charter into
legal compliance with the Constitution and
current court decisions. These revisions were
not intended to result in any policy changes.
On the other hand, the recommendation of the
Charter Review and Advisory Committee deals
with what may be termed a change in policy for
the operation of the City government. For
these reasons, it is suggested that the changes
proposed by the City Attorney's Office be placed
on the ballot as a separate measure from that
proposed by the Charter Review and Advisory
Committee.
Finally, the Charter Review and Advisory Com-
mittee did not direct its attention to writing
an entire section on the proposed Civil Service
Commission for inclusion in the City Charter.
Consequently, certain assumptions and prerogatives
were employed in an attempt to draft a complete
provision covering the Civil Service system.
The specific points addressed by the Committee
were included in the draft.
Councilman Miller requested that staff compile an estimate
of the number of hours an individual would have to serve during a
30 day period if there was just one civil service board.
Upon a motion by Councilman Strong, Director of Public
Works Dale Hawley was appointed to serve as the City's representative
on the Solid Waste Management Advisory Committee.
Upon a motion by Councilman Barton, Annual Report from
the Board of Trustees of the Fire Department's Relief and Pension
Fund, was received and ordered placed on file.
Councilman Means expressed his appreciation to the Mayor
for his Committee to Employ the Handicapped.
Bakersfield, California, October 8, 1980 - Page 6
493
Councilman Means commented briefly on the Council getting
together, as a whole, to discuss a replacement for the City Manager.
Upon a motion by Councilman Strong, the Council will
recess to an Executive Session to discuss the qualifications of
specific persons on the City staff for the position of City Manager
immediately following the last item on tonight's agenda. Council-
man Means voted in the negative on this motion.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2011 to 2315,
inclusive, in the amount of $1,438,365.60.
(b)
Claim for Damages and Personal Injuries
from Georgetta Phelps, 1001 Adelante
Circle, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Michael Rodriguez,
P.O. Box 18, Lamont, California. (Refer
to City Attorney)
(d)
Claim for Damages from Frank Wong, 2112
Lacey Street, Bakersfield. (Refer to
City Attorney)
(e)
Claim for Damages from Allison Landucci,
2800 Hollins Way, Bakersfield. (Refer
to City Attorney)
(f)
Claim for Personal Injuries from Emory L.
Jennings, 3337 Pioneer Drive, Apt. A.,
Bakersfield. (Refer to City Attorney)
(g)
Claim for Damages from Tim Barnes, 2800
Halfmoon Drive, Apt. E, Bakersfield.
(Refer to City Attorney)
(h)
Street Right-of-Way Deed from Portfolio
Properties, Inc., providing dedication
of a portion of Beechwood Street, located
between Stine Road and Actis Street,
south of Planz Road, as required by the
Planning Commission for Parcel Map No.
5921.
(i)
Map of Tract No. 4343 and Improvement
Agreement with Watson Division, U.S.
Home Corporation, for construction of
improvements therein, located east of
Barrington Street, north of Nottingham
Lane.
(J)
Improvement Agreement for Parcel Map No.
5787 with James & Mary Anhalt and Frank
& Teresa Cicone for construction of
improvements therein, located on the
south side of Buena Vista Road, between
"A" Street and Holtby Road.
494
Bakersfield, California, October 8, 1980 - Page 7
(k) Notices of Completion and Acceptance of
Work for:
Street Improvements on White Lane between
Wible Road and Shepard Street, Contract
No. 80-117 with Granite Construction Co.
Tract No. 3916, Contract No. 78-100, with
R. A. Wadsworth Builders, Inc., located
at Auburn Oaks Drive and Fairfax Road.
Application for Encroachment Permit from
Karl Stahl and Jeff Wattenbarger, 4022
Niles Street, for construction of a 6
foot high concrete wall at back of
sidewalk along College Avenue, 450 feet
west of Flintridge Drive to 100 feet east
of Flintridge Drive.
(m)
Plans and Specifications for construction
of A.C. Pavement on Planz Road, between
South "H" Street and South Chester Avenue,
F.A.U. Project No. M-F 245(2).
(n)
Contract Change Order No. 1 to Contract
No. 80-145 with Charles H. Miller for
construction o£ Service Door at the
Civic Auditorium. This Change Order
provides for relocation of a 6" fire
support line not shown correctly on
existing drawings. The item for Class
A concrete was reduced due to elimination
of a portion of retaining wall. The
Change Order decreases the cost o£ the
contract $239.67, resulting in a total
contract cost of $30,740.83.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Miller, all bids for con-
struction of the Auburn Street Storm Drain, were rejected and the
staff was authorized ~o re-evaluate the project and readvertise
for bids.
Upon a motion by Councilman Payne, low bid of Ray Gaskin
Service for 49,500 Lb. Cab & Chassis for the Public Works Department,
was accepted and all other bids rejected.
Bakersfield, California, October 8, 1980 - Page 8
495
Upon a motion by Councilman Miller, low bid of Vangas,
Inc., for Annual Contract for Propane, was accepted, the other bid
rejected and the Mayor was authorized to execut'e the contract.
Upon a motion by Councilman Christensen, low bid of
Redding Steel for Corrugated Metal Pipe, was accepted and all other
bids rejected.
Upon a motion by Councilman Miller, bids of Halprin
Supply, in the amount of $14,606.80, American Rubber Manufacturing,
in the amount of $2,340.48, and Jorgensen & Company, in the amount
of $853.51, for Fire Hose, were accepted and all other bids rejected.
Upon a motion by Councilman Christensen, low bid of
Miracle Recreation for swings and slides for the Parks Department,
was accepted and the other bid 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 not to exceed the budgeted amount for three
used cars for the Police Department for undercover work.
NEW BUSINESS
First reading of an Ordinance of the
Council o£ the City of Bakersfield
amending Chapter 8.72 of the Bakers-
field Municipal Code relative to
Sewers--Use and Connections by Non-
Residents.
This ordinance would update sewer-connection charges
and procedures applicable to sewer use by non-residents.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 8.72 of the
Bakersfield Municipal Code relative to Sewers--Use and Connections
by Non-Residents.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the northeast
corner of White Lane and Stine Road.
496
Bakersfield, California, October 8, 1980 - Page 9
The application for this amendment was made by Joseph A.
Leon for Frank Delfino and would change subject property from an
R-2-MH-D (Limited Multiple Family Dwelling - Mobilehome - Archi-
tectural Design) Zone to a C-2-D
Zone.
The Planning Commission
(Commercial - Architectural Design)
approved the amendment and recom-
mended same to the City Council pursuant to Section 17.52.200
(Conditional Zoning), subject to the following conditions:
(a) Dedicate a 25-foot wide strip of right-of-
way along Stine Road.
(b) Construction of curb and gutter, and
paving of area between said curb and
gutter, and the existing pavement along
Stine Road.
(c) Construction of curb and gutter, and
paving a 12-foot wide strip along White
Lane.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the northeast corner of White Lane and
Stine Road.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield
located on the southeast corner of
40th Street and Q Street; and making
findings in connection with a P.U.D.
Zone.
The application for this amendment was made by Donald G.
Sharpe 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, consisting of a 72-unit apartment
complex.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of that
Bakersfield, California, October 8, 1980 - Page 10
497
certain property
east corner of 40th Street and Q Street; and making findings
connection with a P.U.D. Zone.
Ward, Agent
from an "A"
ment) Zone,
in the City of Bakersfield located on the south-
in
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield
located on the northeast corner of
Wilson Road and Planz Road; and
making findings in connection with
a P.U.D. Zone.
The application for this amendment was made by James E.
for U & J Investments, and would change subject property
(Agricultural) Zone to a P.U.D. (Planned Unit Develop-
consisting of 44 single family condominium units.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of that
certain property in the City of Bakersfield located on the north-
east corner of Wilson Road and Planz Road; and making findings in
connection with a P.U.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.02 o£ Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties in the City of Bakersfield
located on the north side of the
proposed Auburn Street Extension,
and east of Fairfax Road; and making
findings in connection with a P.U.D.
Zone.
The application for this amendment was made by Donald G.
Sharpe and would change subject property from an R-2-MH-D (Limited
Multiple Family Dwelling - Mobilehome - Architectural Design) Zone
to a P.U.D (Planned Unit Development) Zone, consisting of 290
apartments and 160 condominium units for a total of 450 units.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the ~unicipal Code changing the Land Use Zoning of
498
Bakersfield, California, October 8, 1980 - Page ll
those certain properties in the City of Bakersfield located on the
north side of the proposed Auburn Street Extension; and making
findings in connection with a P.U.D. Zone.
Adoption of Resolution No. 61-80 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield, identi-
fied as Annexation No. 283 (Stockdale
No. 12).
The proposed annexation consists of approximately 57
acres of inhabited land and is located in the vicinity of E1 Rio
Drive and Stockdale Highway. This resolution initiates the pre-
liminary proceedings for annexation of Stockdale No. 12.
When the Council placed a temporary moratorium on
annexations, this area was one of three which were excepted from
the moratorium. The Planning Commission approved the proposed
annexation on January 16, 1980.
Upon a motion by Councilman Payne, Resolution No. 61-80
of Application of the Council of the City of Bakersfield proposing
proceedings for annexation of territory to the City of Bakersfield,
identified as Annexation No. 283 (Stockdale No. 12), was adopted
and referred to the Public Works Department for filing with the
Local Agency Formation Commission by the following roll call vote:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
None
None
Ayes:
Noes:
Absent:
Adoption of Resolution No. 62-80 of
the Council of the City of Bakers-
field requesting the Public Utilities
Commission to require Pacific Gas and
Electric Company to refund lifeline
entitlements and to increase the
residential air conditioning life-
line allowance at Tier I level.
Pursuant to the direction of the City Council at its
regular meeting of September 10, 1980, this resolution was pre-
pared for presentation to the Public Utilities Commission at the
Bakersfield, California, October 8, 1980 - Page 12
499
Ayes:
Noes: None
Absent: None
scheduled hearing in Fresno on October 20, 1980, to hear matters
relating to Pacific Gas & Electric Company's general rate increase
request.
Upon a motion by Councilman Means, Resolution No. 62-80
of the Council of the City of Bakersfield requesting the Public
Utilities Coramission to require Pacific Gas and Electric Company
to refund lifeline entitlements and to increase the residential
air conditioning lifeline allowance at Tier I level, was adopted
and Councilman Means and City Attorney Oberholzer were authorized
to attend the hearing in Fresno as official representatives of the
City of Bakersfield, by the following roll call vote:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Approval o£ Engineering Services
Agreement between the City and John
Carollo Engineers providing for the
final design of the Interim Waste-
water Treatment Facilities at Treat-
ment Plant No. 3.
The interim facilities will provide capacity for continued
development in the southwest area during the next several years.
This engineering firm is presently under contract for the Southwest
Sewer Study which is a cooperative project by the City, County of
Kern and Kern Council of Governments. Since the firm has done an
extensive study and is very familiar with the wastewater facility
needs in the southwest area, the Public Works Department recommends
that they be retained for the final design.
Upon a motion by Councilman Payne, Engineering Services
Agreement between the City and John Carollo Engineers providing
for the final design of the Interim Wastewater Treatment Facilities
at Treatment Plant No. 3, was approved and the Mayor was authorized
to execute same.
50O
Bakersfield, California, October 8, 1980 - Page 13
Approval of Agreement between the
City of Bakersfield and the Kern
County Special Olympics for use of
City owned swimming pools.
This agreement provides for the Special Olympics to use
swimming pool facilities during the time they are filled for the
High School District or City Recreation Program and when not in
conflict with either program. The Special Olympics will pay a fee
of $10.00 per hour for each hour they use the pools. The agreement
covers the months of April, May and June, 1981.
Upon a motion by Councilman Barton, Agreement between
the City of Bakersfield and the Kern County Special Olympics for
use of City owned swimming pools, was approved and the Mayor was
authorized to execute same.
Approval of Contract with Panama
School District for Community
Recreation Program.
This is an annual contract for the organization and
promotion of programs of community recreation.
Upon a motion by Councilman Christensen, Contract with
Panama School District for Community Recreation Program, was
approved and the Mayor was authorized to execute same.
Approval of Agreement with the County
of Kern for an Adult Diversion Program.
The County Justice System Subvention Program in conformance
with Chapter 461 of the California Statutes o£ 1978 have offered
funding to establish an Adult Diversion Program. This program
would establish a process o£ handling young adult first o£fenders
of certain minor offenses without the necessity of the offenders
being processed in the normal manner through the Criminal Justice
System.
Upon a motion by Councilman Strong, Agreement with the
County of Kern for an Adult Diversion Program, was approved and
the Mayor was authorized to execute same.
Bakersfield, California, October 8, 1980 - Page 14
HEARINGS
This is the time set for public hearing before the
Council for hearing protests by persons owning real property within
territory designated as "Real No. 4," proposed to be annexed to
the City of Bakersfield.
This hearing has been duly advertised and the property
owners have been notified as required by law.
This is an uninhabited annexation containing 8 + acres
of land located near Real Road and Stockdale Highway (Wild West
Shopping Center).
Mayor Hart declared the hearing open for public partici-
pation.
Mrs. Margaret Parker, 3618 Elcia Drive, objected to her
property being annexed into the City. Mrs. Parker questioned why
only two residences were being included in this annexation and
stated she felt it was to keep the boundary line straight.
No further protests or objections being received, Mayor
Hart closed the public portion of the hearing for Council delibera-
tion and action.
Duane Gartner, one of the owners of the Wild West Shopping
Center, answered questions regarding zoning of this property.
Councilman Barton stated because there are only two
residences in this area he would request that the staff make sure
they do not get slighted, in the future, on City services.
Mrs. Bryant, neighbor of Mrs. Parker's on Elcia Drive,
objected to being annexed into the City of Bakersfield.
Upon a motion by Councilman Ratty, ReSolution No. 63-80
of the Council of the City of Bakersfield making finding that a
majority protest has not been made and ordering the territory
designated as Proceeding No. 735, Annexation No. 281 (Real No. 4)
annexed to the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means,
None
Councilman Barton
Miller, Payne, Ratty, Strong,
Christensen
Bakers£ield, California, October 8, 1980 - Page 15
EXECUTIVE SESSION
In accordance with an earlier action, the Council recessed
to an Executive Session at 9:00 P.M. to discuss the qualifications:
of specific persons on the City Staff for the position of City
Manager. The regular Council Meeting was reconvened at 10:00 P.M.
ANNOUNCEmeNT AND ACTION REGARDING
CITY MANAGER'S POSITION.
Councilman Strong announced that in regards to the
position of City Manager the Bakersfield City Council has met
Executive Session
presently on City
Management staff.
to discuss the specific qualifications of persons,
staff, as viewed by individual Councilmen and
Councilman Strong, as a result of this discussion, made
a motion that the Council encourage the following staff members to
apply on or before October 31, 1980, for the position of City
Manager:
J. Dale Hawley, Director of Public
Works.
Philip Kelmar, Assistant City ~lanager-
Finance.
Dennis Needham, Director of Fire and
Development Services.
Councilman Means offered a substitute motion that the
process of filling the position of City Manager be opened up to
any and all eligible people within the City as well as the entire
nation.
Councilman Means stated this is not a reflection against
the three persons requested to submit an application, but he felt
the City of Bakersfield should search throughout the entire U.S.
for the best possible candidate. After the search, if it is felt
the top candidate is one of the three people presently
then we should select him.
Councilman Payne stated the substitute motion
cost-effective and it is not practicable or feasible to
on staff
is not
expect
Bakersfield, California, October 8, 1980 - Page 16
Ayes:
Noes:
Absent:
part-time politicians to devote the time and effort it would take
to conduct a search of that magnitude. It is not possible to
fairly evaluate State or Nation-wide applicants in the time con-
straints the Council is working under. We cannot expect outsiders
to appreciate the interworkings of this City or have the same level
of affection and concern for its welfare that present staff members
have displayed over the years.
Councilman Christensen stated he has discussed this with
numerous people in his ward and their consensus is that it should
be opened to other people. Councilman Christensen stated he wants
it known he is in no way opposed to the three staff members who
have been mentioned, but would tend to favor opening it up to appli-
cants outside the City staff.
Councilman Miller stated he is appalled that Councilman
Means did not bring this up in the Executive Session.
Counc$1man Strong stated it should be made very clear
the Council has done nothing to absolutely preclude people outside
the City staff from applying for this position.
Councilman Means' substitute motion that the process of
filling the position of City Manager be opened up to any and all
eligible people within the City as well as the entire nation, failed
to carry by the following roll call vote:
Councilmen ~eans, Christensen
Councilmen Miller, Payne, Ratty, Strong, Barton
None
Councilman Strong's motion that the Council encourage
the following staff members to apply on or before October 31, 1980,
for the position of City ~anager:
J. Dale Hawley, Director of Public
Works,
Philip Kelmar, Assistant City Manager-
Finance, and
Dennis Needham, Director of Fire and
Development Services,
$0 i
Bakersfield, California, October 8, 1980 - Page 17
carried by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Miller, Payne, Ratty,
Christensen
Strong, Barton,
Councilman Means
None
Councilman Christensen requested that the record show
that he voted in favor of opening the City Manager's position to
all eligible people, as requested by his constitutents, and that
motion failed to carry.
motion that certain City
October 31, 1980.
There being no
He then voted in favor of the original
staff members file an application by
ADJOURNMENT
further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at 10:20 P.M.
rsfield, Calif.
ATTEST:
CIT~ERK AND~io Clerk of the Council
of ~he City of Bakersfield, California
ma
Bakers£ield, California, October 29, 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., October 29, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Miller, Payne, Ratty, Strong,
Barton, Christensen, Means
Absent: None
Minutes of the regular meeting of October 8, 1980 were
approved as presented.
SCHEDULED PUBLIC STATERENTS
Mr. Loron J. Hodge, Secretary/Manager of the Kern County
Farm Bureau, read a letter from the Farm Bureau requesting that
the Council go on record in opposition to Proposition No. 8. This
Proposition, if passed, makes it more difficult to develop
California's major north coast rivers, gives constitutiona~ status
to delta water rights, water quality, and establishes court priority
for considering suits involving construction of the Peripheral
Canal.
Councilman Ratty made a motion that the Council go on
record in opposition to Proposition No. 8 and after considerable
discussion this motion was withdrawn.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
the Kern County Public Works Department and County Surveyor, dated
October 6, 1980, requesting that a member of the Council be desig-
nated to serve on the Solid Waste Management Advisory Council, was
received and Councilman Ratty was appointed to serve on that CounciZL.
Upon a motion by Councilman Christensen, communication
from Golden Empire Transit District, dated October 8, 1980, sub-
mitting their Financial Report for year ending June 30, 1980, was
received and ordered placed on file.
Bakersfield, California, October 29, 1980 - Page 2
Upon a motion by Councilman Barton, communication from
the American Legion, Bakersfield Post No. 26, inviting the Council[
to participate in the Annual Veterans Day Parade at 10:00 A.M.,
Tuesday, November 11, 1980, was received and ordered placed on
file.
Upon a motion by Councilman Strong, communication from
the Kern County Economic Opportunity Corporation, dated October
17, 1980, regarding extension of contract for Cleanup Project, was
received and extension of time granted.
Upon a motion by Councilman Miller, communication from
the Kern County Council of Governments, dated October 17, 1980,
regarding West Bakersfield Sewer Study, was received and referred
to staff for study and recommendation.
Upon a motion by Councilman Strong, communication from
the Citizens Committee for Affordable Housing, 1700 Los Robles
Drive, Bakersfield, dated October 8, 1980, requesting that the
Council go on record in support of Measure "A" regarding funds for
development of rental housing construction for low, moderate and
elderly low-income citizens, was received and ordered placed on
file.
Upon a motion by Councilman Miller, communication from
the No on 8 Committee, dated October 20, 1980, requesting that the
Council go on record in opposition to Proposition 8 pertaining to
controlling any future development of the north coast rivers, was
received and ordered placed on file.
Upon a motion by Councilman Means, communication from
Bakersfield Cable TV, Inc., dated October 24, 1980, giving notice
of intention to raise their service rates within the City, was
received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
the Department of Housing and Urban Development, dated October 20,
1980, regarding the City of Bakersfield's Application for an Urban
Development Action Grant being held over, was received and referred
to staff and Redevelopment Agency.
Bakersfield, California, October 29, 1980 - Page 3
Upon a motion by Councilman Christensen, communication
from Donald F. Kurtz, 2444 Hasti Acres Drive, dated October 26,
1980, filing a complaint against Warner Cable TV, was received and
referred to staff and Warner Cable TV.
Councilman Barton stated a communication from the Kern
County Public Employees Association, SEIU Local 700, AFL-CIO, dated
October 29, 1980, expressing their concerns regarding the proposed
Charter Amendments will be considered at the time this subject is
brought up under Council Statements.
Upon a motion by Councilman Christensen, the Charter
Review and Advisory Commission, was reactivated (the date will be
determined at the next Council Meeting after each Councilman has
an opportunity to contact his appointees) and the members of the
Commission were instructed to set guidelines that will help remedy
the absenteeism at their meetings.
COUNCIL STATEMENTS
Councilman Barton requested that staff furnish each
Councilman with a copy of the City Attorney's report on the Charter
Revisions, dated September 30, 1980, so it can be discussed later
tonight.
Councilman Ratty nominated Mr. Ray Hollibaugh, 3616
E1Alisal Street, to fill the vacancy on the Board of Building
Appeals.
Councilman Ratty requested that staff investigate a
complaint he received regarding buses parking in the parking lots
in Westchester on the west side of "F" Street.
Councilman Ratty extended an invitation to the Council
to attend a rally at the Bakersfield Airpark on Monday, November
3, 1980, at Noon. Lt. Governor Mike Curb, two Minority Senate
Leaders and Mike and Maureen Reagan will be in attendance.
Upon a motion by Councilman Ratty, Mr. Ray Hollibaugh,
3616 E~ Alisal Street, was appointed to fill the vacancy on the
Board of Building Appeals.
4
Bakersfield, Cali£ornia, October 29, 1980 - Page 4
Councilman Strong suggested that at the end of tonight's
agenda the Council recess to an Executive Session to discuss the
qualifications of the three candidates for the City Manager's
position. Councilman Strong also requested that the interviews
with the three candidates begin Monday, November 3, 1980, at 5:00 P.M.
and a meeting be called for that purpose.
City Manager Bergen stated there is a resolution on
tonight's agenda setting Council Meetings dates through February,
1981, and the meeting Monday night could be made part of the motie. n
when the resolution is adopted.
Mayor Hart requested that dinner be ordered for the Council
next Monday evening.
Upon a motion by Councilman Miller, Mr. Mac D. Culver,
3709 River Boulevard, was appointed to fill the vacancy, created
by the resignation of Mr. Bill Jing, on the Miscellaneous Depart-
ments Civil Service Board, term expiring December 31, 1982.
Councilman Means abstained from voting on this matter.
Upon a motion by Couniclman Miller, Mr. Jerry Towery,
ll8 Miner Street, was appointed to fill the vacancy on the Board
of Building Appeals, by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: Councilman Means
Absent: None
Councilman Means in clarifying his negative vote stated
he opposed the motion because he did not have a resume.
Upon a motion by Councilman Barton, the City Attorney
was requested to draft the necessary documents for adoption at
the Council Meeting of November 5, 1980, to place the changes
recommended in the City Attorney's report of September 30, 1980
(pages 1-7), to bring the Charter into compliance with the
Constitution, decisions of the courts and State law, on the ballot
for the March 3, 1981 election.
Bakers£ield, California, October 29, 1980 - Page 5
Councilman Barton made a motion that the City Attorney
draft the necessary documents for adoption at the Council Meeting
of November 5, 1980, to place the changes recommended by the
Charter Review and Advisory Commission, abolishing the three
Civil Service Commissions and establishing one seven-member Civil
Service Commission, on the March 3, 1981 ballot, with the following
exceptions:
(Refer to City Attorney's Report of September
30, 1980, Charter Review & Advisory Committee
Revision, Article XIII)
Page 3 - Probation Period
"Should appointees fail to complete the
promotional probation period, they shall
be returned to their former permanent
position, if a vacancy exists in the
position."
Remove the wording - , if a vacancy
exists.
"Safety personnel (fire and police) at the
entrance level and management personnel
shall serve a probationary period not to
exceed eighteen (18) months. All other
probationary periods shall not exceed
nine (9) months."
Page
Amend that statement to read: 18 months
for Police, 12 months for Fire and 6
~onths for Miscellaneous employees.
5 - Limitation of Employment
"ll. Employees of the City of Bakersfield
shall not follow any other profession,
trade, calling or business that will
jeopardize or impair the performance of
their duties. The heads of City depart-
ments shall define the limits for outside
employment and will be responsible for
their enforcement. (Suggested addition:
Employees shall not engage in outside
employment without consent of Department
Head.)"
Remove the Suggested addition - Does not
need to be in the Charter.
Councilman Ratty suggested that this motion be held over
until the Council Meeting of November 5, 1980, in order to receive
input from members of the Charter Review and Advisory Commission.
Bakersfield, California, October 29, 1980 - Page 6
Councilman Barton stated he would incorporate into his
motion the addition of the City Attorney's recommendation (Page
1 of the Charter Review and Advisory Committee's Revision) re-
garding removal of Civil Service Commissioners for incompetency,
incompatibility, or dereliction of duty or malfeasance in office
or other good causes.
Councilman Strong stated he has problems with the Police
Department using psychological examinations that have not been
validated and requested that the City Attorney research this and
provide the Council with alternatives. Councilman Strong also
stated he would be interested in knowing the present commissioners'
opinions of these tests.
Mayor Hart declared a brief recess at 9:55 P.M. and
reconvened the Council Meeting at 10:05 P.M.
Councilman Barton's motion that the City Attorney draft
the necessary documents for adoption at the Council Meeting of
November 5, 1980, to place the changes recommended by the Charter
Review and Advisory Commission, abolishing the three Civil Service
Commissions and establishing one seven-member Civil Service Com-
mission, on the March 3, 1981 ballot, with the exceptions as listed
previously, was approved.
Upon a motion by Councilman Barton, communication from
the Kern County Public Employees Association, SEIU Local 700,
AFL-CIO, dated October 29, 1980,
the proposed Charter Amendments,
on file.
Councilman Miller,
expressing their concerns regarding
was received and ordered placed
REPORTS
member of the Budget Review and Finance
Committee, read Report No. 15-80 regarding Consultant for City-
Wide Communications Study, as follows:
Last December, this Committee reported to the
City Council for its information, its concern
regarding the overall problems with the City's
Bakersfield, California, October 29, 1980 - Page 7
radio communication system and indicated out-
side professional services are necessary to
solve the problems and assist with future
planning. In addition, the report also
addressed the possibility of obtaining outside
funding to accomplish this. In April, we
again reported to the Council and indicated
numerous contacts had been made regarding
outside funding, however, none could be obtained.
The Committee therefore recommended and the
Council concurred, the staff be authorized to
request proposals for these services with
certain specific objectives. (See Attachment
#1)
Proposals from £ive firms were received by the
City. A committee, comprised of the department
heads from the three major using departments
and a representative from the City Manager's
Office, reviewed these proposals. Two were
eliminated due to cost and lack of experience
and the remaining three were invited to inter-
view - Stanford Research Institute, Theorem
Institute and Tele Com, Inc. Prior to the
interview, a number of calls were made to
governmental organizations £rom whom the three
firms had performed similar services. All
three organizations made excellent presentations
and were relatively close in cost, however, due
to the greater depth of experience and supporting
resources, Stanford Research Institute is being
recommended, at a fee of $29,723. Funds are
available from Police Department Communication
System improvements previously budgeted for,
but not accomplished due to the decision to
perform this study.
Upon a motion by Councilman Miller, Budget Review and
Finance Committee Report No. 15-80 regarding Consultant for City-
Wide Communications Study, was accepted; and recommendations as
outlined in the report, were approved.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 16-80 regarding Housing Mortgage
Revenue Bond Underwriters, as follows:
This Committee recently reported to the City
Council regarding its meetings with representa-
tives from four bond underwriting firms - E. F.
Hutton; Drexel Burnhan Lambert; Shearson,
Hayden, Stone and a joint venture of Bank of
America and L. F. Rothschild, Unterberg, Towbin.
It was indicated at that time we were not
prepared to make any recommendations on the
selection o£ an underwriting firm or on the
issuance of bonds. The Committee did feel a
housing feasibility study should be performed
and recommended the staff be authorized to
contract with a nationally recognized firm.
Bakersfield, California, October 29, 1980 - Page 8
This s~dy is a necessary step in the process
in order to obtain a rating from the bond
rating agencies as well as determining the
size of the issue. It is presently contem-
plated an interim report will be completed
by the end of this month.
At this point, the Committee is still not
prepared to make a recommendation regarding
the issuance of bonds, however, due to the
present time constraints regarding these types
of bonds, we feel the City should select a
bond underwriter and be prepared to act pending
the outcome of the housing feasibility study
and money market conditions. Selection of a
bond underwriter does not obligate the City
to issue bonds nor incur any costs as their
fees are predicated on the sale of bonds.
This Committee and Staff was most impressed
with the presentation of the joint venture
of Bank of America and L. F. Rothschild. In
addition, Bank of America has indicated the
possibility of issuing to the City a letter
of credit, which in essence is a guarantee of
the principal and interest payments for the
maturity of the bonds. L. F. Rothschild has
subsequently indicated an interest by another
bank in issuing a letter of credit if Bank of
America does not. A letter of credit such as
this would have a very favorable impact on the
interest rates bonds would be sold at.
We, therefore, recommend the joint venture of
Bank of America and L. F. Rothschild be selected
as bond underwriters and an underwriting agree-
ment be entered into.
Upon a motion by Councilman Means, Budget Review and
Finance Committee ~eport No. 16-80 regarding Housing Mortgage
Revenue Bond Underwriters, was accepted;and recommendations as
outlined in the report, were approved.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 17-80 regarding Request for
Community Development Funds from Outside Organizations, as follows:
Recently, there have been a number of inquiries
from local agencies and community groups re-
garding the availability of Block Grant funding
for various activities. In light of these
requests, the Budget Review and Finance Com-
mittee proposes establishing a policy for use
of Community Development funds by outside
agencies. This policy will establish a pro-
cedure to ensure that the City Council and the
requesting agency or group can discuss and act
upon the request in a structured and equitable
manner.
Bakersfield, California, October 29, 1980 - Page 9
9
Under this policy, there are four elements which
a requesting agency must meet in order to have
their funding considered. They are as follows:
1. The applicant must qualify under one of the
following categories:
ao
Private non-profit entity organized to
promote and undertake Community Develop-
ment activities;
Neighborhood based non-profit organi-
zation a majority of whose membership
clientele or governing body is com-
prised of residents of the neighborhood
to be served;
A small business investment company
organized under the Small Business
Investment Act of 1958; or
do
A Local Development Corporation organi-
zed pursuant to applicable Federal or
State regulations.
The applicant agency must demonstrate that
the proposed project qualifies for funding
as a basic eligible activity under the
Community Development Block Grant regulations.
Applicants for funds must demonstrate that
the project to be undertaken supports the
Comprehensive Strategy set forth in the 3-
year plan adopted by the City Council on
May 16, 1979 and any updates to that
strategy subsequently approved by Council.
Additionally, approval of such requests
will be subject to the availability of
Community Development funds in any program
year within the City's priorities.
o
Projects will be limited to one-time funding
in any program year. No on-going multi-
year funding requests will be considered.
Similarly, no requests for maintenance and
operating expenses will be considered for
any project or organizations.
The Budget Review and Finance Committee believes
that adoption o£ this policy at this time will
be beneficial both to the Council as a whole
and City staff in reviewing outside requests
for 1980-81 Block Grant funds. Additionally,
adoption of this policy will assist staff in
soliciting and analyzing citizens involved in
the preparation of the 1981-82 Community Develop-
ment Block Grant Application.
Therefore, it is recommended that the City
Council adopt this policy.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 17-80 regarding Request for Community
Bakersfield, California, October 29, 1980 - Page l0
Development Funds from Outside Organizations, was accepted; and
policies as outlined in the report, were approved.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 18-80 regarding Extension
Request on Community Development Corporation Contract 80-7, as
follows:
On September 24, 1980 the Greater Bakersfield
Community Development Corporation submitted a
letter to the City Council regarding a request
for extension on Contract 80-7. Under that
contract, the Community Development Corporation
had two purposes. One was to study the existing
economic conditions of Central Bakersfield and
to devise strategy to improve those conditions.
The other purpose o£ the contract was to pro-
vide the Community Development Corporation
with time and a track record upon which to
base permanent funding requests to be submitted
to provide foundations for on-going programs.
Due to administrative and recruiting problems,
the Community Development Corporation was not
fully operational until three months into the
contract. The remaining three months,ending
September 30, 1980, were dedicated to producing
the economic analysis and strategy report.
That report has been submitted to the City
staff and City Council.
In spite of the short time frame, the Community
Development Corporation staff has solicited
interest of three foundations. Negotiations
have been continuing with these foundations
for permanent funding part of which was condi-
tional on the CDC receiving Federal Tax exempt
status. That has not been accomplished. In
order to complete the negotiations, CDC is
requesting a 30-day extension of Contract 80-7
utilizing approximately $4,000 of unexpended
funds from the original contract amount.
Budget Review and Finance Committee is o£ the
opinion that a sufficient amount of citizen
interest has been developed in the CDC, and
that the basic organization framework for
continued citizen involvement now exists.
Since securing permanent funding was one o£
the original contract objectives and there
are funds remaining in the contract account,
an extension of 30 days is in order so that
the CDC can complete negotiations with the
foundations.
Therefore, Budget Review and Finance Committee
recommends that a 30-day extension of Contract
80-7 be approved not to exceed $4,000 for the
express purpose of completing negotiations for
Bakersfield, California, October 29, 1980 - Page ll
1!
permanent funding for the CDC from the afore-
mentioned private foundations. The extension
period would run November I through November
30, 1980.
After considerable discussion, Councilman Means made a
motion that Budget Review and Finance Committee Report No. 18-80
regarding Extension Request on Community Development Corporation
Contract 80-7, be accepted; and the Contract extended from November
l, 1980 for 90 days, retroactive to September 30, 1980, on the
conditions that prior to that period a work plan be submitted.
After further discussion, Councilman Strong offered a
substitute motion that Contract No. 80-7 be extended retroactive
for 90 days provided the Community Development Corporation provide
the staff, within the first 30 days, a schedule of how the $4,000
will be used.
Councilman Ratty stated all of this is nice, however,
they have not performed in the past and there is nothing to prove
they will perform in the future and the Council is contemplating
continuing a bad scene. Councilman Ratty stated he would oppose
the motion.
Mr. Jim Feliz, representing the Community Development
Corporation, stated they have produced the reports stipulated in
the contract and outlined some of the things they have accomplished.
Councilman Strong's substitute motion that Contract No.
80-7 be extended retroactive for 90 days provided the Community
Development Corporation provide the staff, within the first 30
days, a schedule of how the $4,000 will be used, was approved by
the following roll call vote:
Ayes: Councilmen Miller, Strong, Christensen, Means
Noes: Councilmen Payne, Ratty, Barton
Absent: None
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 10-80 regarding City
Attorney's Office Reorganization, as follows:
Bakers£ield, California, October 29, 1980 - Page 12
Attached to this report is a memorandum from
City Attorney Richard Oberholzer to the Govern-
mental Efficiency and Personnel Committee
regarding reorganization within his office.
This memorandum is in answer to several questions
which were asked of the City Attorney by the
Council during a recent executive session.
As pointed out in his memorandum he is requesting
the following:
1. One additional Deputy Attorney I.
o
Transfer the City Insurance Coordinator
and his stenographer from the City
Manager's Office to the City Attorney's
Office.
The GEP Committee has reviewed both of these
requests in detail and we are in concurrence
with the City Attorney that these changes
will provide for a more efficient operation.
We are, therefore, recommending Council approval
of one Deputy City Attorney I at a salary
range of $2,035 to $2,445 per month and transfer
from the Council's Contingency Fund to the City
Attorney's Budget a sum of $20,000 to pay for
this transaction for the remainder of fiscal
year 1980-81.
The second item regarding the transfer of the
Insurance Coordinator and his stenographer can
be handled administratively.
Upon a motion by Councilman Strong, Governmental
Efficiency and Personnel Committee Report No. 10-80 regarding
City Attorney's Office Reorganization, was accepted; and recommenda-
tions as outlined in the report, were approved.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 10-80 regarding Central
Parking Mall, as follows:
Since the adoption of the ordinance by the City
Council enabling the formation of the Central
Parking Mall, there have been requests from
time to time to expand the mall for more addi-
tional customer parking places.
Due to recent interest from the Downtown
Business Association, and through the Committee's
continuous review and assessment o£ parking
needs, the Committee determined at its October
8th meeting that 17 additional spaces could be
developed by expanding the mall to include 19th
and 20th Streets between "F" and "G" Streets.
As is indicated in the DBA's letter of September
18, 1980, to the Business Development and
Bakersfield, California, October 29, 1980 - Page
Parking Committee, the majority of the business
operators and owners in this area favor the
expansion of the parking mall so that the 17
additional spaces will be gained to help relieve
the parking needs downtown.
Therefore, the Committee recommends adopting
the ordinance which adds 19th and 20th Streets
between "F" and "G" Streets to the Central
Parking Mall.
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in this matter and
yielded the chair to Vice-Mayor Barton.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 10-80 regarding Central Parking
Mall, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.17.020 of the
Municipal Code adding certain streets
to the Central Parking Mall.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 11.17.020 of
the Municipal Code adding certain Streets to the Central Parking
Mall.
Upon a motion by Councilman Payne, Budget Transfer, in
the amount of $4,000, from the Council's Contingency Fund No.
11-512-6100 to Account No. 11-264-1200 to pay for the changes in
the Central Parking Mall, was approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2316 to 2783,
inclusive, in the amount of $1,024,230.77.
(b)
Claim for Damages from Abel Mendez, Jr.,
312 Crawford Street, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Damages from Kathy Robinson,
2015 Anita Lane, Bakersfield. (Refer
City Attorney)
to
(d)
Quitclaim Deed to County of Kern for
clarification of the County's title to
the vacated portion of the east half of
Union Avenue lying north of Panorama
Drive which was abandoned as a public
road on January 7, 1957. This land is
now developed as part of Panorama Park.
14
Bakersfield, California, October 29, 1980 - Page 14
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
Sewer Line Easement from Richard E. and
Constance J. Frasch located north of
Meadowbrook Way and west of Tam-O-Shanter
Drive.
Sewer Line Easement from the First
Assembly of God of Bakersfield located
between LaMirada Drive and Dunsmuir Road,
as required by the Planning Commission
with Parcel Map No. 5612.
Sewer Line Easement from the Stockdale
Golf and Country Club located in Section
4, Township 30 South, Range 27 East,
M.D. B. & M., and west of Tam-O-Shanter
Drive.
Map of Tract No. 4114 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located west of Montclair
Street and south of LaMirada Drive.
Map of Tract No. 4192 and Improvement
Agreement with Regional Mortgage Company
for construction of improvements therein,
located north of White Lane, east of
Hughes Lane.
Map of Tract No. 4221 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction Of improve-
ments therein, located north of White
Lane and east of Lily Drive.
Map of Tract No. 4222 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of White
Lane and east of Shelby Loop.
Map of Tract No. 4223 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of White
Lane and east of Lily Drive.
Map of Tract No. 4321 "A", "B" and "L"
and Improvement Agreement with Auburn
Venture, A Limited Partnership, for
construction of improvements therein,
located adjacent to the north side of
Auburn Street and east of Fairfax Road.
Improvement Agreement for Parcel Map No.
5714 with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of Business
Center Drive and east of California Avenue.
Improvement Agreement for Parcel Map No.
5797 with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of Business
Center Drive and east of California Avenue.
Bakersfield, California, October 29, 1980 - Page 15
15
(P)
(q)
(r)
(s)
(t)
(u)
(v)
Improvement Agreement for Parcel Map No.
5885 with Elmer F. Karpe, Inc., and
Regional Mortgage Company, Inc., for
construction of improvements therein,
located on the north side of Panama Lane,
east of Freeway 99.
Application for Encroachment Permit from
Sandstone Brick Co., P.O. Box 866, for
construction of a 6 foot high chain link
fence 5 feet behind curb line along the
north and south sides of Chico Street
from Sonora Street to Inyo Street and
along the west side of Inyo Street from
Butte Street north to railroad tracks.
The Public Works Department recommends
approval subject to the following condi-
tions:
Curb and gutter be installed along
the west side of Inyo Street from
Butte Street to Chico Street.
A 60 foot corner cut-off from pro-
jected curb lines be applied to the
northwest and southwest corners of
Chico Street and Inyo Street and the
northwest corner of Butte Street and
Inyo Street.
Application for Encroachment Permit from
Haen Sun Kim, 2000 Glencliffe Lane, for
construction of a 3 foot high block and
wrought iron fence adjacent to back of
sidewalk along the southeast corner o£
Glencliffe Lane and Shetland Drive.
Application for Encroachment Permit from
Southern Auto Supply, Inc., 427 East 18th
Street, for construction of a sign extending
into the right-of-way 10 feet above the
sidewalk at 427 East 18th Street.
Application for Encroachment Permit from
Grand Auto, Inc., 7200 Edgewater Drive,
for construction of a concrete curb planter
along back of sidewalk at 2100 Wible Road.
Plans and Specifications for Bernard Street
Storm Water Retention Basin.
Notices of Completion and Acceptance of
Work for:
Parcel Map No. 4104, Contract No. 79-67
with Vic Gifford, located at Burr Street
and Gibson Street.
Parcel Map No. 5656, Contract No. 80-34
with Tenneco Realty Development Corporation,
located at Stockdale Industrial Park and
Collins Court.
Bakersfield, California, October 29, 1980 - Page 16
(w)
(x)
Parcel Map No. 5744,
with Norman O. Lum,
and White Lane.
Contract No. 80-35
located at Akers Road
Resurfacing Monitor Street south of White
Lane, Contract No. 80-134 with Granite
Construction Company.
Sandra Drive Pump Station Modifications,
Contract No. 80-144 with ~icon.
Pavement reconstruction on Stockdale
Highway in the vicinity of Gosford Road,
Contract No. 80-135 with Granite Construc-
tion Company.
Tract No. 3828 (B), Contract No. 79-114
with Loma Vista Construction, located at
Alberta Street and Fairview Road. The
Public Works Department recommends
acceptance of improvements adjacent to
Lots 1-40 and a 12-month extension for
the remainder of the tract. The revised
completion date will be August 8, 1981.
Tract No. 4245, Contract No. 80-109 with
Tenneco Realty Development Corporation,
located at Corvallis Lane and Chewacan
Drive.
Tract No. 4141, Contract No. 80-87 with
Tenneco Realty Development Corporation,
located at West Half Moon Drive south of
Pullman Drive.
Tract No. 4143, Contract No. 80-14 with
Tenneco Realty Development Corporation,
located at West Half Moon Drive, South
Laurelglen Boulevard and Alamosa Lane.
Tract No. 3945 (A), Contract No. 78-131
with Bakersfield Country Club Development,
located at Fairfax Road and Valleyview
Street.
Contract Change Order No. 4 to Contract
No. 80-48 with Granite Construction
Company for the Truxtun Avenue Extension,
Phase II, FAU Project No. M-F 252(1).
Daulbert, Trumball 5-X Mastic specified
in Item No. 67 of the Special Provisions
of the specifications is no longer avail-
able. Gibson Homan Mastic #6525-900 is
an approved alternate product. No change
in contract price results from this Change
Order.
Contract Change Order No. 1 to Contract
No. 80-135 with Granite Construction
Company for pavement reconstruction on
Stockdale Highway in the vicinity of
Gosford Road. The three inch electrical
conduit across the west leg of Stockdale
Highway and Gosford Road intersection was
Bakersfield, California, October 29, 1980 - Page 17
1¸7
installed under another contract, there-
fore, it has been deleted from this
contract. The Change Order decreases the
cost of the contract $974.00 resulting
in a total contract cost of $136,730.
(y)
Request from Ruth T. Burum Living Trust,
David & John R. Burum, Trustees, for
annexation of property located on 34th
Street between "L" and "K" Streets.
(Refer to Planning Commission for study
and recommendation)
(z)
Request from Lawton Powers, Inc., for
abandonment of the west five feet of the
north-south alley running to the east of
the C-1 property on the northeast corner
of Fairfax Road and Auburn Street. (Refer
to Planning Commission for study and
recommendation)
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v), (w), (x), (y) and (z) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Clow
Corporation for Bury Extensions and Hydrant Accessories, was
accepted and all other bids rejected.
Upon a motion by Councilman Christensen, low bid of
Olesen Company for a Spotlight for the Civic Auditorium, was
accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bid of Target
Chemicals for Chemicals for the Parks Department, was accepted and
all other bids rejected.
Upon a motion by Councilman Barton, low bid of Lortz and
Son Manufacturing for Metal Control Weirs for the Agricultural
Water Department, was accepted and all other bids rejected.
Bakersfield, California, October 29, 1980 - Page 18
Upon a motion by Councilman Miller,
Chevrolet for three cars and one truck,
and Jim Burke Ford for one car, in the
accepted and all other bids rejected.
bids of Three Way
in the amount of $33,087.90,
amount of $9,129,35, were
Upon a motion by Councilman Miller, low bid of California
Signal Corporation for Traffic Signals and Parts, was accepted and
all other bids rejected.
Upon a motion by Councilman Christensen, bids of Graybar
Electric, in the amount of $2,730.82, and Stewart Electric, in the
amount of $2,787.87, for Street Light Globes and Lamps, were
accepted and all other bids rejected.
Upon a motion by Councilman Miller, low bid for the Base
Bid, Alternate A and Alternate B of Gamcon £or construction of
Auburn Street Storm Drain, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid for the Base
Bid and Alternate A of Granite Construction Company for resurfacing
portions of Stockdale Highway, west of McDonald Way, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2576 New
Series of the Council of the City of
Bakersfield amending Chapter 8.72 of
the Bakersfield Municipal Code rela-
tive to Sewers--Use and Connections
by Non-Residents.
Upon a motion by Councilman Ratty, Ordinance No. 2576
New Series of the Council of the City of Bakersfield amending
Chapter 8.72 of the Bakersfield Municipal Code relative to Sewers-.-
Use and Connections by Non-Residents, was adopted by the following
roll call vote:
Ayes:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Bakersfield, California, October 29, 1980 - Page 19
19
Adoption of Ordinance No. 2577 New
Series amending Title Seventeen of
the Municipal Code of the City o£
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakers£ield located on
the northeast corner of White Lane
and Stine Road.
The application for this amendment was made by Joseph A.
Leon for Frank Delfino and would change subject property from an
R-2-MH-D (Limited Multiple Family Dwelling - Mobilehome - Archi-
tectural Design) Zone to a C-2-D (Commercial - Architectural Design)
Zone.
The Planning Commission approved the amendment
recommended same to the City Council pursuant to Section
(Conditional Zoning), subject to the following conditions:
(a) Dedicate a 25-foot wide strip o£ right-of-
way along Stine Road.
(b)
Construction of curb and gutter, and paving
of area between said curb and gutter, and
the existing pavement along Stine Road.
(c) Construction of curb and gutter, and paving
a 12-foot wide strip along White Lane.
and
17.52.200
and Ordinance No. 2577 New Series amending Title Seventeen of the
Ayes:
Noes:
Absent:
Municipal Code of the City of Bakersfield changing the Land Use
Zoning of that certain property in the City o£ Bakersfield located
on the northeast corner of White Lane and Stine Road, finding said
zoning consistent with the General Plan, were adopted by the following
roll call vote:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
None
None
Adoption of Ordinance No. 2578 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the northeast
corner of Wilson Road and Planz Road;
and making findings in connection
with a P.U.D. Zone.
Upon a motion by Councilman Payne, Negative Declaration
2O
Bakersfield,
California, October 29,
1980 - Page 20
The application for this amendment was made by James E.
Ward, Agent for U & J Investments, and would change subject property
from an "A" (Agricultural) Zone to a P.U.D. (Planned Unit Develop-
ment) Zone, consisting of 44 single family condominium units.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2578 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the northwest corner of Wilson Road
and Planz Road; and making findings in connection with a P.U.D.
Zone, finding said zoning consistent with the General P~an,
adopted by the following roll call vote:
Councilmen Miller, Payne, Ratty,
Christensen, Means
None
Strong, Barton,
None
Ayes:
Noes:
Absent:
were
Adoption of Ordinance No. 2579 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the southeast
corner of 40th Street and Q Street;
and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by Donald G.
Sharpe 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, consisting of 72-unit apartment
complex.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2579 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning'of that certain property in the
City of Bakersfield located on the southeast corner of 40th Street
and Q Street; and making findings in connection with a P.U.D. Zone,
Bakersfield, California, October 29, 1980 - Page 21
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
None
None
Ayes:
Noes:
Absent:
Adoption of Ordinance No. 2580 New
Series of the Council of the City of
Bakersfield amending Section 17.12,020
of Title 17 of the Municipal Code
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the north side
of the proposed Auburn Street Extension,
and east of Fairfax Road; and making
findings in connection with a P.U.D.
Zone.
The application for this amendment was made by Donald G.
Sharpe and would change subject property from an R-3-MH-D (Limited
Multiple Family Dwelling - Mobilehome - Architectural Design) Zone
to a P.U.D. (Planned Unit Development) Zone, consisting of 290
apartments and 160 condominium units for a total of 450 units.
Upon a motion by Councilman Miller, Negative Declaration
and Ordinance No. 2580 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of those certain properties in
the City of Bakersfield located on the north side of the proposed
Auburn Street Extension, and east of Fairfax 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 Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Bakersfield, California, October 29, 1980 - Page 22
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
l?.12 (Zoning Map) o£ the Municipal
Code of the City of Bakersfield,
regarding property known as Real No.
4 Annexation.
This amendment would zone upon annexation to an R-1 (One
Family Dwelling); R-3-D (Limited Multiple Family Dwelling -
Architectural Design); and C-1-D (Limited Commercial - Architectural
Design), or more restrictive Zones,
County of Kern located on the west
Stockdale Highway and Elcia Drive,
those certain properties in the
side of Real Road, between
and known as Real No. 4 Annexation.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding property known as Real No. 4 Annexation.
Adoption of Resolution No. 64-80 of
the Council of the City of Bakers-
field to allow Bakersfield Police
Officers to participate in California
Highway Patrol Training.
This resolution directs the Chief of Police of the City
of Bakersfield to execute agreements for participation of City
Police Officers in the California Highway Patrol training programs
which are offered without cost to the City.
Upon a motion by Councilman Payne, Resolution No. 64-80
of the Council of the City of Bakersfield to allow Bakersfield
Police Officers to participate in California Highway Patrol Training,
was adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Resolution No. 65-80
fixing the time of meetings of the
Council of the City of Bakersfield
during the months of November,
December, 1980, and January, 1981.
Bakersfield, California, October 29, 1980 - Page 23
Upon a motion by Councilman Means,
fixing the time of meetings of the Counci~ of
field during the months of November, December,
1981, including a meeting on Monday, November
was adopted by the following rol~ call vote:
Ayes:
Resolution No. 65-80
the City of Bakers-
1980, and January,
3, 1980 at 5:00 P.M.,
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Resolution No. 66-80 o£
the Council of the City of Bakers-
field fixing time for hearing pro-
tests to sale of Sump Site to the
Greater Bakersfield Separation of
Grade District, providing for
publication of Notice of Hearing,
fixing time final action will be
taken, and describing said property.
The City has entered into an agreement with the Separation
of Grade District for construction of an undercrossing at the
Southern Pacific Railroad/Chester Avenue intersection. Part of
the District project will occupy a portion of the subject sump site
and a proposed storm drain by the District will also eliminate the
need for the sump site at the 32rid Street/"K" Street intersection.
This resolution will authorize the sale of the property to the
District at the appraised value.
Upon a motion by Councilman Ratty, Resolution No. 66-80
of the Council of the City of Bakersfield fixing time for hearing
protests to the sale o£ Sump Site to the Greater Bakersfield
Separation of Grade District, providing for publication of Notice
of Hearing, fixing time final action will be taken, and describing
said property, was adopted by the following roll
Ayes: Councilmen Miller, Payne, Ratty,
Christensen, Means
Noes: None
Absent: None
Strong,
call vote:
Barton,
24
Bakersfield, California, October 29, 1980 - Page 24
Approval of Modification to Agreement
No. 78-140 with Security Pacific
National Bank to allow deposit of a
lump sum drawdown for the Community
Development Home Improvement Loan
Program.
The City Council, on September 24, 1980, authorized
prepayment of subsidy prior to releasing loan funds, in accordance
with CHFA regulations (Section V).
Upon a motion by Councilman Ratty, Modification to
Agreement No. 78-140 with Security Pacific National Bank to allow
deposit of a lump sum drawdown for the Community Development Home
Improvement Loan Program, was approved and the Mayor was authorized
to execute same.
Approval of Agreement between the
Redevelopment Agency and Golden
Empire Transit District (GET) for
the purpose of submitting a Joint
Application to Caltrans for assistance
in the development of a Multimodal
Transportation Terminal for the
Central Business District.
In anticipation of certain needs for capital to assist
in the development of a Multimodal Transportation Terminal, the
Redevelopment Agency and GET are seeking approval of an agreement
to allow submittal of a Joint Application to Caltrans. This
application will allow the subject project to be reviewed and
prioritized by Caltrans for possible funding considerations at a
later date.
Upon a motion by Councilman Means, Agreement between the
Redevelopment Agency and Golden Empire Transit District (GET) for
the purpose of submitting a Joint Application to Caltrans for
assistance in the development of a Multimodal Transportation
Terminal for the Central Business District, was approved and the
Mayor was authorized to execute same. Councilman Miller abstained
from voting on this matter.
Approval of Amendment to Contract No.
80-150 between the City, County of
Kern and Gage-Babcock and Associates,
Inc., relating to insurance for the
Fire Station Location Study.
Bakersfield, California, October 29, 1980 - Page 25
25
The contractor was not able to comply with the section
under "Strict Liability" in Paragraph No. ll, which for this type
of service is not necessary; and the amounts of coverage were re-
formulated to match the amounts the contractor carries, which is
greater than the original agreement required.
Upon a motion by Councilman Barton, Amendment to Contract
No. 80-150 between the City, County of Kern and Gage-Babcock and
Associates, Inc., relating to insurance for the Fire Station
Location Study, was approved and the Mayor was authorized to
execute same.
Babcock and Associates,
the original agreement.
can commence work.
Approval of request from Gage-Babcock
and Associates for a 30-Day Extension
of Time for the Fire Station Location
Study.
It has taken nearly a month for the contractor, Gage-
to work out requirements of insurance in
With that problem solved, the contractor
Upon a motion by Councilman Barton, request from Gage-
Babcock and Associates for a 30-Day Extension of Time for the
Fire Station Location Study, was approved.
Deferral of action on Application by
Zip-In Restaurant & Dell for a 56
foot high freestanding sign at 2610
Pierce Road.
The Sign Ordinance requires City Council review of all
signs which exceed 50 feet in height.
The proposed sign installation would utilize an existing
sign support system. The ordinance permits an area of 240 square
feet in a C-2 Zone. The sign requested is approximately 740 square
feet. The prior sign at this location was 50 feet high with an
area of approximately 500 square feet. There are other signs in
the area that exceed 50 feet in height.
Councilman Christensen made a motion to deny the appli-
cation of Zip-In Restaurant & Deli for a 56 foot high freestanding
sign at 2610 Pierce Road.
Bakersfield, California, October 29, 1980 - Page 26
Mr. Alvin Stauffer, Owner of Simple Signman Sign Company,
801 Valencia Drive, requested that the Council grant his application
for a sign at 2610 Pierce Road.
Councilman Miller offered a substitute motion that action
on application of Zip-In Restaurant & Deli for a 56 foot high free-
standing sign at 2610 Pierce Road, be deferred until the Council
Meeting of November 5, 1980, in order to provide time for each
member of the Council to visit the site prior to making a decision.
Councilman Christensen withdrew his motion.
Councilman Miller's substitute motion was approved with
Councilman Payne voting in the negative.
Adoption of Resolution No. 67-80 of
the Council of the City of Bakers-
field designating the Arts Council
of Kern as the official "City of
Bakersfield and County of Kern Arts
Planning Agency."
This will be a joint action of the City Council and
Board of Supervisors designating the Arts Council of Kern as the
official "City of Bakersfield and County of Kern Planning Agency"
to administer the California Arts Council State-Local Partnership
Program and to implement the Arts Planning process in the region.
The City would have the right to receive a portion of these funds
but it is felt joint partnership would allow greater efficiency in
handling the study. The County would be the lead agency in con-
tracting with the Arts Council of Kern.
Upon a motion by Councilman Christensen, Resolution No.
67-80 of the Council of the City of Bakersfield designating the
Arts Council of Kern as the official "City of Bakersfield and
County of Kern Arts Planning Agency," was adopted by the following
roll call vote:
Ayes: Councilmen Miller, Payne, Ratty,
Christensen, Means
Noes: None
Strong, Barton,
Absent: None
Bakersfield, California, October 29, 1980 - Page 27
HEARINGS
This is the time set for public hearing regarding amend-.
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan concerning the following general areas:
Segment 1:
J. Alvin Wheelan, representing
Douglas Fox, Lloyd Hale, and
Therese M. Quarles, has applied to
change the land use designation
for approximately 14.06 acres
located at the northwest corner of
Panama Lane and Wible Road from Low
Density Residential to Commercial.
Segment 2:
Michael Cal]agy, representing James
Rowland, has applied to change the
land use designation for approxi-
mately 6.1 acres located at the
northeast corner of Wible Road and
Panama Lane from Low Density
Residential to Commercial.
Segment 6:
Dan Villalovos of Moreland Engineering,
Inc., representing Peter Moresian,
has applied to change the land use
designation for approximately 11.04
acres located at the southwest
corner of 40th Street and "Q" Street,
from Medium Density Residential to
Office.
Segment 7:
The Ming Center Investment Company
has applied to change the land use
designation for 0.83 acre located
on the north side of Ardmore Avenue,
100 feet west of Akers Road, from
Low Density Residential to Office.
Segment 8:
The City of Bakersfield has initiated
a request to change the land use
designation for approximately 25
acres generally located between
Valencia Drive and Park Drive, to
a depth of 600 feet north of East
Niles from Low Density Residential
to Medium Density Residential.
Segment 9:
John Manor, representing Michael
Moss, has applied to change the
land use designation £or approxi-
mately 0.5 acre located at 4417
Wilson Road and near the southeast
corner of Edmonton Street and Wilson
Road, from Low Density Residential
to Office.
Segment 10:
Jack D. Collier (DeLuxe Home Builders,
Inc.) has applied to change the
land use designation for 0.17 acre
located 62.5 feet west of Olive
Street, 146 feet south of Chester
Lane, from Medium Density Residential
to Office.
Bakersfield, California, October 29, 1980 - Page 28
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 1, 2, 7, 8, 9 & 10, and recommended approval of Segments
l, 2, 7, 8, 9 and 10, provided certain conditions are met on Segments
l, 2, 7, 8 and 10, as delineated in Planning Commission Resolution
No. 32-80.
The Planning Commission, after a public hearing held
September 3, 1980, approved the Negative Declaration, but recommended
denial of Segment 6.
A letter has been received from Cook Realtors, 2716 "L"
Street, granting Jack Collier (Segment 10) permission to enter
through the Oak Lane Shopping Center as long as traffic does not
interfere with the shopping center activity.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Means, Resolution No. 68-80
of the Council of the City of Bakersfield making findings, adopting
Negative Declarations on Segments I, II, VI, VII, VIII, IX and X,
approving Segments I, II, VII, VIII, IX and X, and denying approval
of Segment VI of proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan, was adopted by the
following roll call vote:
Ayes: Councilmen ~iller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Bakersfield, California, October 29, 1980 - Page 29
29
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:40 P.M. Councilmen Means and Payne voted in the
negative on this motion.
Calif.
ATTEST:
iTY'C~i.~EM.~ ~~"
oCf theCL~iRtKyaonfd ~aXkeO~f~el~d,C13ralki~ofrntihea
ma
Council
Bakersfield, California, November 3, 1980
Minutes of a regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 5:00 P.M., November 3, 1980.
The meeting eas 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 Payne, Ratty, Strong, Barton,
Christensen, Means, Miller
City Manager Bergen announced that the next South San
Joaquin League of California Cities meeting will be held on Friday,
November 7, 1980, in Reedley, California, and Don Benninghoven,
Executive Director of the League of California Cities, will be the
speaker.
City Manager Bergen stated, regarding the proposed
Charter Amendments, the March 3, 1981 election is a General
Municipal Election called for the purpose of electing Councilmen
in four Wards and the Charter Amendments would require a City-
Wide Special Election in all seven Wards at a greater expense.
Councilman Barton requested that staff find out when
the next City-Wide Election, conducted by the County, will be
held and the cost breakdown of the City bearing the entire expense
of such an election versus consolidating with another election.
EXECUTIVE SESSION
Upon a motion by Councilman Barton, the Council recessed
to an Executive Session at 5:05 P.M. to interview candidates for
the position of City Manager and discuss the matter. The regular
Council Meeting was reconvened at 1:06 A.M.
ANNOUNCEMENT
Mayor Hart announced that subject to a satisfactory
financial arrangement, after considering the qualifications of
the three current candidates for the position of City Manager and
after finding that all three are highly qualified, the majority of
Bakersfield, California, November 3, 1980 - Page 2
the City Council has decided to announce that, at this time, they
intend to appoint Philip Kelmar to the position of City Manager
when the vacancy exists.
vacancy exists.
Council,
The appointment cannot be made until the
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Miller, the meeting was
adjourned at 1:08 A.M.
M YO~ity o~f Bakersfield, Calif.
ATTEST:
ITY~ER}~ ~ f~ i~ci~ C
ma
Bakersfield, California, November 5, 1980
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., November 5, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: ~{ayor Hart. Councilmen Ratty, Strong, Barton,
Means, Miller, Payne
Absent: None
CORRESPONDENCE
Upon a motion by Councilman Means,
the City of Adelanto, California, requesting
of legalizing Las Vegas-Style Gambling
and ordered placed on file.
Christensen,
communication from
a resolution in support
in California, was received
COUNCIL STATEMENTS
Councilman Christensen announced that he appointed Mr.
Sanderson, 3009 Hollins Street, to the Charter Review and
Rod L.
Advisory Commission, replacing Mrs. Judy Garrett. Councilman
Christensen also stated that Mr. Avery Allen will remain on that
Commission as his other appointment.
Councilman Payne expressed his and the community's deep
appreciation for the many of years of dedication and service that
retiring Mayor Donald M. Hart and City Manager Harold E. Bergen
have given to this City. Councilman Payne also pledged his com-
plete support and cooperation to their successors Mayor-Elect Mary
K. Shell and Acting City Manager Philip Kelmar and urged the
community to do the same.
Councilman Miller made the following statement
Whereas, the Land Use Element of the General
Plan was previously changed to allow construction
of what has been termed the Eastside Shopping
Center; and
Whereas, a restriction was placed on the opening
date of said shopping center; and
Bakersfield, California, November 5, 1980 - Page 2
Whereas, the residents of the City of Bakers-
field could better be served by an earlier
opening date; and
Whereas, it is in the public interest to remove
this opening date restriction on the said
shopping center, containing approximately 7
acres of land, located on the south side of
Highway 178, north of Bernard Street, west of
Oswell Street and east of Mr. Vernon Avenue.
Councilman Miller, made a motion, pursuant to Government
Code Section 65356.1, that a change to the Land Use Element of the
General Plan be submitted to the Planning Commission to remove the
opening date restriction of the Eastside Shopping Center, and the
Planning Commission conduct the necessary public hearings and
report back to the Counci~ on the proposed changes no later than
90 days from this date.
Councilman Payne stated that due to a real or imaginary
conflict of interest he would abstain from voting on this matter.
Councilman Ratty stated that Mr. Brock agreed to this
restriction and if he was concerned with it he would be here to
make that request. This is totally out of perspective and context
and until such time as the UDAG application is brought forward and
the whole thing reassessed in January, like the Council planned to
do, he would recommend a strong "No" vote on the motion.
In answer to a question Councilman Miller stated that
Mr. Brock is not making this request.
Councilman Means stated he felt the motion was totally
out of line and would not support it until a final decision is
made on the downtown shopping center.
Councilman Christensen stated he has received several
calls from citizens who are very adamant in wanting a shopping
center on the eastside and he will vote in favor of the motion.
In answer to a question by Councilman Strong, Councilman
Ratty stated he feels the downtown shopping center should have a
thorough review in January, 1981, with the developer and everyone
involved in it.
Bakersfield, California, November 5, 1980 - Page 3
After further discussion, Councilman Miller withdrew
his motion.
Councilman Christensen requested that the staff invite
Eugene Jacobs, Special Counsel to the Redevelopment Agency, to a
meeting so he can answer questions and give the assurance that
the City is not being suspended in air and the funds are availablE..
Mayor Hart made the following statement:
Several meetings ago I voted to break a tie
relative to the future of a Redevelopment
Agency project, sanctioning this City's
request for funds from the Federal Government
for parking. I stated at that time that I
would take a long, hard look at endorsing this
project further if there was a continued
escalation in costs and a lack of performance
by the developer, knowing full well that at
the time we receive these monies we could
return them if by vote we doomed the downtown
redevelopment because of costs and lack of
performance. By my vote I intended to keep
us eligible for a potential continuation of
the project if we did not receive the federal
funds. In view of our rejection at the federal
level and realizing that before we could
petition again I would be out of office, I
respectfully request this Council to set a
time for a joint meeting of this body and the
Redevelopment Agency with the Agency's Special
Counsel Mr. Jacobs and Mr. Donahoe, the Mayor-
elect and myself prior to January 1st. If
this is not feasible, as soon after January
1st as possible so that you may know where you
stand and can properly address your considera-
tion of Mr. Brock's program.
I have not spoken of this matter prior to this
meeting because of the election and the possi-
bility that my intention might be misconstrued.
In other words, Mr. Needham, what I'm asking
for and I'm hoping this body will react to it,
is that a time certain be set and get Mr.
Jacobs up here and get a response to our
inquiry about the escalating cost of this job
and just what he is going to do to straighten
this out or let Mr. Brock get underway.
Director of Fire & Development Services Needham stated
all the parties involved in the downtown shopping center should
provide the Council with some answers and a joint meeting date
would be arranged and the Council could confirm it at the next
meeting.
BakersfieId, California, November 5, 1980 - Page 4
Mayor Hart stated, for those who were not present at
the early morning conclusion of the November 3, 1980, City Council
Meeting he would announce that at the Executive Session of the
City Council held on November 3, 1980, it was a unanimous consensus
that it would be the intent of the City Council to appoint Philip
Kelmar to the position of City Manager and that such announcement
be made as follows:
"Subject to a satisfactory financial arrangement,
after considering the qualifications of the
three current candidates for the position of
City Manager and after finding that all three
are highly qualified, the majority of the City
Council has decided to announce that, at this
time, they intend to appoint Philip Kelmar to
the position of City Manager when the vacancy
exists. The appointment cannot be made until
the vacancy exists."
Mr. Bill McCance, Bakersfield Californian, stated he has
had several discussions with the City Attorney regarding this
"intent" business. Mr. McCance stated the City Council voted in
the Executive Session because the statement says the "majority."
That vote has not been announced and according to the Brown Act
this is suppose to be done. Will you do it or not? I am suggesting
to the Council that they are violating the Brown Act by not re-
vealing how they voted in that room.
City Attorney Oberholzer stated he reviewed the action
taken by the Council and there was no violation of the Brown Act.
Councilman Means announced that he appointed Mr. Paul
Anderson, 1101 Arena Way, to the California Avenue Park Neighbor-
hood Facility Citizens Advisory Committee.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2784 to 2936,
inclusive, in the amount of $849,340.09.
(b) Claim for Damages from H. Alston Thomas,
229 Pacific Street, Bakersfield. (Refer
to City Attorney)
(c) Claim for Damages from Allstate Insurance,
P.O. Box 1710, Bakersfield. (Refer to.
City Attorney)
Bakersfield, California, November 5, 1980 - Page 5
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
Road Easement from Tenneco Realty Develop-
ment Corporation providing necessary right-
of-way for construction of the west half
of Gosford Road, north of Ming Avenue.
Grant Deed from Elmer F. Karpe, Inc., and
Regional Mortgage Company providing a
drainage sump as required by the Planning
Commission for Parcel Map No. 5885,
located north of Panama Lane, east of
Freeway 99.
Sewer Easement from H-Bar Development
Company, Inc., providing an easement for
sewer purposes over the west 20 feet of
Tentative Tract No. 4185, located north
of Panama Lane, east of South "H" Street.
Street Right-of-Way Deed from Johnson
Brothers Trucking providing an additional
25 feet of right-of-way along the east
side of Wible Road as required by the
Public Works Department and Building
Department for new construction along
Wible Road.
Notices of Completion and Acceptance of
Work for:
Construction of Traffic Signal Systems on
Stockdale Highway and California Avenue,
Contract No. 79-199 with Galland Electric
Corporation. The contract was completed
October 25, 1980 and the Public Works
Department recommends the Contractor be
assessed liquidated damages in the amount
of $8,100 for 54 days delay beyond the
time prescribed in the contract.
Street Improvements on Camden Street,
Russell Way and Panorama Drive, Contract
No. 80-154 with Granite Construction Co.
Application for Encroachment Permit from
Rosalyn L. Lewis, 3930 Jewett Avenue, for
construction of a 6 foot high chain link
fence along back of sidewalk area on "0"
Street at rear of 3930 and 4000 Jewerr
Avenue.
Application for Encroachment Permit from
Raul V. Zavala, 3420 Ginseng Lane, for
construction of a 4 foot high wrought
iron fence adjacent to back ot sidewalk
at 3420 Ginseng Lane.
Plans and Specifications for Asphalt
Concrete Pavement on portions of Gosford
Road, White Lane and Lily Drive.
Plans and Specifications for construction
of a Water Main across the Farmer's Canal.
Bakersfield, California, November 5, 1980 - Page 6
(m)
Contract Change Order No. 5 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
a deceleration lane and left-turn lane at
Truxtun Avenue and Mohawk Street. This
change will provide channelization at
this intersection, widening of shoulders,
including asphalt concrete paving and
concrete curb and gutter, adjacent to the
City Corporation Yard. This Change Order
increases the cost of the contract
$42,550. The total contract price as a
result of this increase is $2,944,131.64.
(n)
Contract Change Order No. 6 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 lengthen
Span i by 2.48 feet and shorten Span 2 by
0.31 feet at the Truxtun Avenue Underpass
at the Santa Fe Railroad. The Change
Order increases the cost of the contract
$3,739.15. The total contract price as a
result of this increase is $2,947,870.79.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Payne, low bids of Kaweah
Construction for Schedule I, Irrigation Supply Company for Schedule
II and Pacific Erectors for Schedule III for construction of a two
million gallon Water Storage System in the Laurelglen Area, were
accepted, all other bids rejected and the Mayor was authorized to
execute the contracts.
Referral of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.17.020 of the
Municipal Code adding certain
Streets to the Central Parking Mall.
Mayor ttart stated that due to a real or imaginary con-
flits of interest he would not participate in this matter and
yielded the chair to Vice-Mayor Barton.
Bakersfield, California, November 5, 1980 - Page 7
Mr. Jack Waters, 601 Magnolia Avenue, stated he would
withdraw his request to speak on this matter tonight if it is
referred back to the Business Development and Parking Committee.
Mr. Skip Witham requested that this ordinance be dis-
cussed tonight so it can be settled, because it has been going on
for a long period of time.
Upon a motion by Councilman Miller, Ordinance amending
Section 11.17.020 of the Municipal Code adding certain Streets to
the Central Parking Mall, was referred back to the Business
Development and Parking Committee. Councilman Ratty voted in the
negative on this motion.
Councilman Strong requested that all persons interested
in this ordinance be notified when the Committee meeting.~ill be
held.
Mr. Dick Hummel, Executive Director of the Downtown
Business Association, stated the additional parking being requested
is their top priority. It is just a few weeks until Christmas
and the Council is urged to take as quick action as possible
because downtown needs the sales this year.
Adoption of Ordinance No. 2581 New
Series of the Council o£ the City of
Bakersfield amending Section 17.12.020
of Chapter 17.12 (Zoning Map) of the
Municipal Code of the City of Bakers-
field, regarding property known as
Real No. 4 Annexation.
This ordinance zones upon annexation that certain property
in the County of Kern located on the west side of Real Road, between
Stockdale Highway and Elcia Drive, to an R-1 (One Family Dwelling),
R-3-D (Limited Multiple Family Dwelling - Architectural Design) and
C-1-D (Limited Commercial - Architectural Design) Zones.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2581 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the ~unicipal Code of the City of Bakersfield, regarding
Bakersfield, California, November 5, 1980 - Page 8
property known as Real No. 4 Annexation, finding said zonings
consistent with the General Paln, were adopted by the following
roll call vote:
Councilmen Ratty, Strong,
Miller, Payne
Ayes:
Noes: None
Absent: None
Barton, Christensen, Means,
Deferral of action on Application by
Zip-In Restaurant & Deli for a 56
foot high freestanding sign at 2610
Pierce Road.
All signs over 50 feet in height require approval of the
City Council.
The proposed sign installation would utilize an existing
sign support system. The ordinance permits an area of 240 square
feet in a C-2 Zone. The sign requested is approximately 740 square
feet. The prior sign at this location was 50 feet high with an area
of approximately 500 square feet. There are other signs in the area
that exceed 50 feet in height.
Action on this item was held over from the Council
Meeting of October 29, 1980, in order to provide time for each
Councilman to visit the site prior to making a decision.
Mr. Alvin Stauffer, Owner of Simple Signman Sign Company,
representing May-Mooney, Inc., requested that the Council grant
his application for a sign at 2610 Pierce Road.
After considerable discussion, Councilman Strong made a
motion to approve 2/3 of the top portion of the sign for the Zip-
In Restaurant & Deli at 2610 Pierce Road.
Mr. Stauffer requested time to ta~k to his client, Mr.
Mooney, before the Council makes a decision.
Councilman Christensen offered a substitute motion that
action on Application by Zip-In Restaurant & Deli for a 56 foot
high freestanding sign at 2610 Pierce Road be deferred until the
Council Meeting of December 10, 1980. The substitute motion was
unanimously approved.
4O
Bakersfield, California, November 5, 1980 - Page 9
NEW BUSINESS
Deferral of action on documents re-
garding proposed Charter Amendment
Election.
City Attorney Oberholzer advised the Council that the
Council Meeting of November 19, 1980, is the last meeting the
resolution calling the Special Election for March 3, 1981, can be
adopted.
Dr. Ray Geigle, member of the Charter Review and Advisory
Commission, stated there are many items in the proposals that have
been presented to the Council that are controversial and political.
However, as a political scientist, it is his belief that unless
the issues are presented at a time when public attention is focused
on them, exclusively, they are very unlikely to pass. If the
Council is in favor of the amendments to the Charter it is requested
they be placed on the ballot with the March 3, 1981 Council Election.
Councilman Miller asked if Charter Amendments have ever
been placed on the ballot with Council Elections and, if so, what
the voter turnout was.
Acting City Manager Kelmar stated the records would be
researched and answer provided at the next Council Meeting.
Councilman Payne made a motion that the recommendations
made by the Charter Review & Advisory Commission be scheduled for
the June, 1982 election rather than the March 3, 1981 election.
Councilman Ratty offered a substitute motion that the
recommendations made by the Charter Review and Advisory Commission
be scheduled for the March 3, 1981 election. After discussion this
motion was withdrawn.
Councilman Payne stated he would withdraw his original
motion and make the motion that action on the recommendations made
by the Charter Review and Advisory Commission be deferred until the
Council Meeting of November 19, 1980.
City Attorney Oberholzer pointed out two changes he made
in the recommendations for the Charter Amendments.
Bakersfield, California, November 5, 1980 - Page 10
Councilman Payne's motion that action on the recommenda-
tions made by the Charter Review and Advisory Commission and City
Attorney be deferred until the Council Meeting of November 19, 1980,
was approved.
Adoption of Resolution No. 69-80 of
the Council of the City of Bakers-
field approving the Application for
Grant Funds under the Solid Waste
Management Act of 1980.
This program is a continuation of last year's program
and will fund the cost of litter control in City parks and public
right-of-way. The funds requested under this application amount
to $16,491.00.
Upon a motion by Councilman Means, Resolution No. 69-80
of the Council of the City of Bakersfield approving the Application
for Grant Funds under the Solid Waste Management Act of 1980, was
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Council,
adjourned at
Councilmen Ratty, Strong, Barton,
None
Councilman Christensen
ADJOURNMENT
There being no further business to
upon a motion by Councilman Miller,
10:15 P.M.
Means, Miller, Payne
come before the
the meeting was
ATTEST:
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
/ ASSISTANT CITY CLERK
ma
Bakersfield, California, November 19, 1980
Present:
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., November 19, 1980.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Strong, Barton, Christensen,
Means, Miller, Payne, Ratty
Absent:
None
Minutes of
and November 5,
the meeting of October 29, 1980, November 3,
1980, 1980, were approved as presented.
STUDENT GOVERNMENT DAY PARTICIPANTS
Mayor Hart welcomed and introduced the student counter-
parts for Mayor and members of the Council who participated in
today's Annual Student Government Day, as follows:
Mayor Rene Campos Garces High School
Councilperson Loretta Butler East High School
Councilman Darrin Craig West High School
Councilman Ramon Hendrix South High School
Councilman Robert Tucker Bakersfield High School
Councilperson Trulain Woken Highland High School
SCHEDULED PUBLIC STATEMENTS
Mr. Charles W. "Chops" Lawrence, 5140 Crenshaw Boulevard,
Los Angeles, Grant District Deputy of the Improved Benevolent
Protection Order of Elks of the World-Central California District,
presented an Honorary Membership Plaque to Mayor Hart for his out-
standing contribution to the community, state and nation.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from the Greater Bakersfield Local Development Corporation, dated
November 4, 1980, requesting Community Development Funds for the
operation of the Greater Bakersfield Local Development Corporation,
was received and referred to the Fire & Development Services Depart--
ment.
Upon a motion by Councilman Means, communication from
Agricultural & Commercial Acquisitions, 1300 - 17th Street, Suite
Bakersfield, California, November 19, 1980 - Page 2
43
A, dated November 13, 1980, regarding use of Tax-Exempt Revenue
Bonds to finance two - one hundred bed convalescent hospitals and
two - ninety-nine bed, board and care facilities, was received and
referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Ratty, communication addressed
to Councilman Barton from Royal Copy and Printing, 1801 "H" Street,
regarding a long term parking lease in a proposed parking structure,
was received and referred to the Redevelopment Agency.
Upon a motion by Councilman Christensen, communication
from Associated Automatic Fire Protection Company, 310 30th
Street, dated November 12, 1980, regarding their Sprinkler Systems
Inspection Service, was received, ordered placed on file and
referred to staff.
Upon a motion by Councilman Miller, communication from
the Kern County Housing Authority, dated November 13, 1980, re-
questing that the Council allow the remaining Community Development
Funds granted for educational/campaign costs to be used by the
Citizens Committee for Affordable Housing to continue with an
Education Program and fund future election costs within Kern
County and the City of Bakersfield, was received and referred to
the Fire & Development Services Department for study and recommenda-
tion.
Upon a motion by Councilman Christensen, communication
from the Greater Bakersfield Chamber of Commerce, dated November
18, 1980, supporting concerns expressed by the Chamber's Govern-
mental Review Committee regarding proposals included in an "Energy
Conservation Policy" for the City of Bakersfield, was received and
referred to the Energy Committee.
COUNCIL STATEMENTS
Councilman Payne read a memorandum from Jim Gilchrist,
Housing & Community Development Coordinator, to Dennis Needham,
Director of Fire & Development Services, dated November 12, 1980,
44
Bakersfield, California, November 19, 1980 - Page 3
regarding California Homeowner Assistance Program--AB 333/SB 229,
as follows:
Approximately three weeks ago, I gave Council-
man Payne a copy of the forms necessary to
apply for funding under the AB 333 program for
apartment unit converting to condominiums. In
addition, I have George Gonzales working on a
relative portion of the application which
would accompany the forms being completed by
Mr. Payne. Submission deadline for this entire
package is November 28, 1980.
Going through the revised guidelines and appli-
cation for the program dated October, 1980,
received in this office November 7, I see that
there are major commitments which the City
would be required to make in order both to
submit the application and to receive funding.
These include: l) State certification that we
are administratively capable of operating the
program; 2) Agree to assist in the initial
administration of the program locally; and
3) Execute a contract with the State Depart-
ment of Housing and Urban Development.
Inasmuch as, in my view, official City Council
action would be required at the November 19
meeting to enter into this commitment the time
to acquaint the Council with all of this material
seems tooshort. The State has told me that
there will be another funding cycle after the
first of the year. It would be my recommendation
that we wait to submit this package until the
next funding cycle. This would give us time
to complete comprehensive package, present it to
the Council, allow it to be referred to committee,
if necessary, and in that way generate maximum
Council support.
Councilman Payne stated this program is a good way to
help people in this community acquire housing and made a motion
that the subject of submitting an application to the State for
Homeownership Assistance Program Funds be referred to the Business
Development and Parking Committee for study and recommendation.
This motion was unanimously approved.
Councilman Miller announced that he appointed Reverend
William A. Few, 2904 Occidental Street, to the Charter Review and
Advisory Commission, replacing Mr. Steve Morrow. Councilman Miller
also stated that Mr. Herbert Clancy will remain on that Commission
as his other appointment.
Bakersfield, California, November 19, 1980 - Page 4
45
Councilman Means read the following statement regarding
Housing Mortgage Bond Issue:
From the standpoint of housing market needs it
is evident by the Mills-Carneghi, Inc.,
Marketing Study that a $50,000,000 Mortgage
Revenue Bond issue is feasible. However,
there are other factors that significantly
impact the possibility of successfully con-
ducting such a bond issue, which under the
provisions of the Long Resolution must be
completed by December 31, 1980. It was learned
through discussion with Bond Underwriters and
Attorney on Monday, November 17, 1980, the
institutional bond market is fairly dead.
There are $750,000,000 in potential bond sales,
waiting for the market to improve, which have
not sold.
Bond issues under the Long Resolution are not
selling due to a technical defect in the Long
Resolution, whereby, the bonds could become
taxable. If bonds are marketable now they
would facilitate a mortgage rate of 12.25%,
which may not be attractive by the time
mortgage loans could be issued, due to the
possibility that the market interest rate of
conventional mortgage loans could be close
to this rate. There is also considerable
risk from the standpoint of being able to
actually do an issue by December 31, 1980. A
safe practical position of the City Council
would be to hold up on conducting a bond issue
this year, but, as recommended by Bond Counsel,
pass a resolution this year expressing the
Council's intent to issue bonds when and if
the conditions permit in the future.
The Budget Review and Finance Committee dis-
cussed this a number of times. There was still
some information we wanted to get on Monday to
see if there was any possible way to continue
to proceed to sell bonds. It is the staff's
and my opinion, and also other members of the
Council, that it would be too risky to try and
sell the bonds at this point or this year. We
should wait and see how the market is next year
and then be able to sell bonds. It is the
staff's intention, at the next meeting, to
bring back a resolution to the Council that
would allow the sale of bonds next year when
and if it seems prudent.
Councilman Christensen requested that the Council con-
sider changing the Order of Business on the Agenda so that Hearings
are held at the beginning of meetings so people would not have to
sit through the entire meeting. Councilman Chrsitensen stated he
intends to make a motion, at the next meeting, to amend the
ordinance that regulates the Order of Business at Council Meetings.
Bakersfield, California, November 19, 1980 - Page 5
Councilman Ratty read the following prepared statement:
The Public Works Department is proposing a
traffic signal at Truxtun Avenue and Oak Street
and plans to narrow the median islands a~ong
Truxtun Avenue between "A" and "H" Streets.
One public hearing has been held before the
Planning Commission to consider the project
and another hearing will be held on December
5, 1980.
I have received numerous calls on this project
and I am very concerned regarding how the
traffic and noise will affect Mercy Hospital,
residents and businesses along Truxtun Avenue.
Most of the decisions to tie Truxtun Avenue
Extension at the intersection of Oak Street
and Truxtun Avenue were made long before I
became a Councilman. I have been on the Council
almost four years and during that time I have
never seen a detailed plan on how the traffic
will get from the Truxtun Avenue Extension to
the downtown area.
Before the Public Works Department does any
construction along Truxtun Avenue between Oak
& "H" Streets, I feel a full blown Environ-
mental Impact Report should be prepared showing
all the alternatives, effects, costs and
mitigation measures.
Councilman Ratty made a motion that the staff be directed
to prepare an E.I.R. on all the alternatives to the Truxtun Avenue
Project, between Oak Street and the downtown area. This motion
carried by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
REPORTS
Director of Fire & Development Services Needham reported
that the Joint Workshop Session between the Council and Redevelop-
ment Agency on the Downtown Shopping Center has been set for Monday,
December 15, 1980, at 7:00 P.M., in the Council Chambers of City
Hall.
Director of Fire & Development Services Needham presented
a report regarding Energy Task Force Recommendations to Council
Energy Committee, dated November 4, 1980.
Bakersfield, California, November 19, 1980 - Page 6
Councilman Means made a motion that the report containing
recommended goals, objectives and policies generated by the Energy
Task Force, be accepted and re£erred to the Energy Committee for
study and recommendation.
Councilman Miller requested that the meetings of the
Energy Committee regarding the recommendations £rom the Energy
Task Force be made public so other Councilmen could attend.
Councilman Payne stated that after the Energy Committee
studies it, and prior to the time the Council approves any recom-
mendations, a series of Workshops and public hearings will be held
to receive input from the public.
Councilmen Means, Ratty & Christensen, members of the
Energy Committee, assured the Council and public that there will
be ample opportunity for input from the Council and public prior
to any recommendations being presented for adoption.
After further discussion, Councilman Means' motion that
the report containing recommended goals, objectives and policies
generated by the Energy Task Force, be accepted and referred to the
Energy Committee for study and recommendation, was approved.
Councilman Miller voted in the negative on this motion.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims No. 2937 to 3291,
inclusive, in the amount of $1,060,655.68.
(b) Claim for Damages from Lorinda A. Mallard,
224 Monte Vista Drive, Bakersfield. (Refer
to City Attorney)
(c) Sewer Line Easement £rom Sami C. Srour,
required by the Planning Commission for
Parcel Map No. 5850, located at the north-
west corner of 38th and San Dimas Streets.
(d) Storm Drain Easement £rom Guy H. Wilkins,
providing necessary right-of-way to con-
struct the Alum Avenue Storm Drain.
(e) ~ap of Tract No. 4191 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction o£ improve-
ments therein, located south o£ Nottingham
Lane and east of Barrington Street.
48
Bakersfield, California, November 19, 1980 - Page 7
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
Notice of Completion and Acceptance of
Work on Tract No. 4060, located at the
northeast corner of Panama Lane and Wible
Road, Contract No. 79-123 with W.H.O.
Development.
Notice of Completion and Acceptance of
Work on Parcel Map No. 5111, located at
Bernard Street, east of Oswell Street,
Contract No. 79-137 with William Young,
Trustee of Westland Properties.
Application for Encroachment Permit from
Tosco Corporation of Bakersfield for
installation of a 10" oil pipeline in
Coffee Road (Gosford Road) between Truxtun
Avenue and Brimhall Road. Portions of the
line would be supported under the Kern
River and Cross Valley Canal Bridges.
Plans and Specifications for reconstruction
of the Palm Street Sewer between Myrtle
Street and Pine Street.
Plans and Specifications for the Alum
Avenue Storm Drain.
Contract Change Order No. 2 to Contract
No. 80-145 with Charles H, Miller for
the Service Door at the Civic Auditorium.
This Change Order substitutes a Portland
Cement concrete ramp for the asphalt ramp
originally designed and increases the
cost of the contract by $703, resulting
in a total contract cost of $31,443.83.
Sufficient funds are budgeted in the
current fiscal year for this Change Order.
Request from Golden Valley, Inc., for
Extension of Time to complete improve-
ments in Tract No. 3933, Units A & B.
Public Works Department recommends a 3
months extension for the completion of the
improvements. Completion date for this
tract was October 23, 1980 and the revised
date is January 23, 1981.
Request from Homestead Savings and Loan
Association for Extension of Time to
complete improvements in Tracts No. 4131
and 4149. Public Works Department recom-
mends an 8 months extension for completion
of improvements. Completion date for
these tracts was May 16, 1980 and the
revised date is January 1, 1981.
Joint Use Agreement between Pacific Gas
and Electric Company and the City of
Bakersfield for relocation of a pole line
necessary for construction of the south
half of Auburn Street, west of Fairfax
Road. This agreement transfers P. G. & E.'s
rights for their pole line from the old
to the new location.
Bakersfield, California, November 19, 1980 - Page 8
49
(o) Request from Hugh J. Pearson, Mobiletown
Development Corporation, for amendment to
the Land Use Element of the General Plan
for commercial use of property located
approximately at the northeast corner of
San Dimas Street and West Columbus Avenue.
(Refer to Planning Commission for study
and recommendation)
Upon a motion by Councilman Miller, Items (a), (b), (c):.
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Barton, low bids of Three
Way Chevrolet for a Pickup Truck and Jim Burke Ford for a Sedan
for the Agricultural Water Department, were accepted and all other
bids rejected.
Upon a motion by Councilman Christensen, low bid of
Jack Burtch Company for resurfacing driveways and parking lots in
various parks, was accepted and all other bids rejected.
Upon a motion by Councilman Barton, low bid of Surveyors
Service Company for a Theodolite (surveying instrument) for Field
Engineering, was accepted and all other bids rejected.
DEFERRED BUSINESS
Tabling of action on proposed Charter
Amendments until after the conclusion
of Hearings on tonight's agenda.
Councilman Barton made a motion that the Council call a
Special Municipal Election for proposed Charter Amendments and
consolidate it with the General Municipal Election to be held
March 3, 1981.
Councilman Strong suggested that the Charter provision
regarding the seven member Civil Service Commission state that
each Councilman appo in t one member and their terms coincide
with that Councilman's term of office.
.6O
Bakersfield, California, November 19, 1980 - Page 9
Councilman Miller requested that the language in the
proposed Charter Amendment, regarding the seven member Civil
Service Commission, be changed to state that each Councilman make
one appointment for a four year term, rather than a six year term;
and the terms be staggered so four are appointed and then three,
every other year.
Councilman Strong stated it would be more satisfactory,
to him, if the four year terms coincided with each Councilman's
term of office.
Councilman Miller offered a substitute motion that each
Councilman have the opportunity to make one appointment to the
Civil Service Commission to coincide with his term of office or
a four year period of time.
Councilman Barton questioned the wording on the term of
office.
City Attorney Oberholzer stated the Civil Service Com-
missioner's terms could be made to coincide with the Councilman
who made the appointment. In other words, some Councilmen would
appoint a Commissioner for a four year term and some would appoint
for a two year term, depending upon the length of time left on the
Councilman's term of office.
Councilman Barton stated this gets back to the issue of
the Commissioner being a political appointee of a Councilman. The
intent of the Charter provisions and Charter Review and Advisory
Commission was to take politics, as much as possible, out of the
Civil Service Commission. Councilman Barton further stated it
does not bother him too much as long as the Council gets away from
the concurrency part. In other words, a Councilman could appoint
a person to the Commission and resign from office and the new
Councilman would then make a new appointment. That gets the
Council back into the political game. He asked how that could be
written to keep the politics out of it.
Bakersfield, California, November 19, 1980 - Page 10
¸51
City Attorney Oberholzer stated that would always exist
under the method the Council is now considering. It will always
be a political appointment. The term of office that each Com-
missioner should have is a four year term to run concurrently with
the Councilman who first made the appointment. In other words, if
that Councilman leaves office the Commissioner would still fulfil;L
his four year term; except the first appointments, which would be
for two years for those Councilmen who have only two years left on
their term.
Councilman Barton withdrew his original motion and made
a motion to table any action on the Charter Amendments until aftel'
the conclusion of Hearings on tonight's agenda. This motion was
unanimously approved.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Sections 1.16.040 through
1.16.120 to Chapter 1.16 of Title 1
of the Bakersfield Municipal Code
relative to definitions and rules of
construction applicable to the
Bakersfield Municipal Code.
This proposed ordinance establishes definitions and
rules of construction applicable throughout the Code, thereby
reducing repetition and facilitating Code use.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Sections 1.16.040 throu~h
1.16.120 to Chapter 1.16 of Title i of the Bakersfield Municipal
Code relative to definitions and rules of construction applicable
to the Bakersfield Municipal Code.
First reading of an Ordinance of the
Council of the City of Bakers£ield
amending Section 1.40.070 of the
Bakersfield Municipal Code relative
to absence from meetings by members
of the Planning Commission.
This proposed ordinance eliminates ambiguity and specifies
that the Planning Commission determine whether absence of a member
Bakersfield, California, November 19, 1980 - Page 11
is without cause, which, if a member be so absent for three con-
secutive regular meetings, results in termination of membership.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 1.40.070 of
the Bakersfield Municipal Code relative to absence from meetings
by members of the Planning Commission.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Section 1.45.020 of the
Bakersfield Municipal Code relative
to employees of Tenneco West, Inc.
This proposed ordinance repeals a Code provision con-
cerning City employment of employees of Tenneco West, Inc., water
and canal system operations, which provision is no longer needed.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Section 1.45.020 of
the Bakersfield Municipal Code relative to employees of Tenneco
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 1.46.050 (c) of the
Bakersfield Municipal Code relative
to Customer's Deposit Receipt (Ashe
Water Service Area).
This proposed ordinance amends Section 1.46.050 (c) to
make it consistent with Section 1.46.070 (d).
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 1.46.050 (c)
of the Bakersfield Municipal Code relative to Customer's Deposit
Receipt (Ashe Water Service Area).
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 1.84.020 of the
Bakersfield Municipal Code relative
to Redevelopment Agency Membership.
This proposed ordinance specifies that successors of
initial members of the Redevelopment Agency shall serve four-year
terms, as required by Section 33112 of the California Health and
Safety Code.
West, Inc.
Bakersfield, California, November 19, 1980 - Page 12
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 1.84.020 of
the Bakersfield Municipal Code relative to Redevelopment Agency
Membership.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 1.90.060 of the
Bakersfield Municipal Code relative
to penalties for violations of Chapter.
This proposed ordinance establishes penalty for specified
Misdemeanors consistent with State law.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 1.90.060 of
the Bakersfield Municipal Code relative to penalties for violations
of Chapter.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 3.08.010 and
3.08.080 of the Bakersfield Municipal
Code relative to the Title, Adminis-
trative Procedure Ordinance, and to
presumptions from filing regulations.
This proposed ordinance corrects an erroneous chapter
reference in the first section and eliminates a provision in the
second section which is inconsistent with California Evidence Code
Sections 452 and 453.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 3.08.010 and
3.08.080 of the Bakersfield Municipal Code relative to the Title,
Administrative Procedure Ordinance, and to presumptions from filing
regulations.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Section 3.14.050 (62) of
the Bakersfield Municipal Code
relative to and defining Overtime
Work, and amending Sections 3.14.120
(1) and (4) relative to and defining
Acting and Probationary Appointments.
This proposed ordinance repeals a definition ("Overtime")
in the first section, which is unnecessary as the term is not used
Bakersfield, California, November 19, 1980 - Page 13
in substantive provisions of the Chapter, conforms the second
section with Section 3.18.110, and deletes specified period from
third section to accommodate different probationary periods for
different job classes.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Section 3.14.050 (62)
of the Bakersfield Municipal Code relative to and defining Over-
time Work, and amending Section 3.14.120 (1) and (4) relative to
and defining Acting and Probationary Appointments.
First reading of an Ordinance of the
Council of the City o£ Bakersfield
amending Section 3.14.151 of the
Bakersfield Municipal Code relative
to General Residency Requirements.
This proposed ordinance amends the residency requirements
of employees to within a 14-mile radius of City Hall, rather than
the present 10-mile radius, to allow them to reside in the Rio
Bravo section of the City.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 3.14.151 of
the Bakersfield Municipal Code relative to General Residency
Requirements.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Section 3.30.030 of the
Bakersfield Municipal Code relative
to Special Officers in Police Depart-
ment.
This proposed ordinance repeals a Code provision concerning
no longer extant class of "special officers" in the Police Department;
requested by the Police Department.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Section 3.30.030 of
the Bakersfield Municipal Code relative to Special Officers in
Police Department.
Bakersfield, California, November 19, 1980 - Page 14
.65
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 5.10.010 and
5.11.020 of the Bakersfield Munici-
pal Code relative to Gas Tax Street
Improvement Fund and to an Insurance
Fund.
This proposed ordinance adds reference to Chapter 3 of
Division 3 of the Streets & Highway Code, which contains applicable
reference to Gas Tax Funds, and repeals a section regarding an
Insurance Fund, which probably should not have been codified.
First reading was considered given an Ordinance of the
Council of the City o£ Bakersfield amending Sections 5.10.010 and
5.11.020 of the Bakersfield Municipal Code relative to Gas Tax
Street Improvement Fund and to an Insurance Fund.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.32.040 (a) of the
Bakersfield Municipal Code relative
to Auditorium Manager.
This proposed ordinance provides for appointment of the
Auditorium Manager by the City Manager, as specified by Section
38 of the Charter.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5.32.040 (a)
of the Bakersfield Municipal Code relative to Auditorium Manager.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.36.010 and re-
pealing Sections 5.36.020 and 5.36.030
of the Bakersfield Municipal Code
relative to Fee Schedule for copies
of Police Reports.
This proposed ordinance provides that the City Manager
establish fees for copies of Police Reports, etc., to recover
costs, would repeal
Section 5.36.030 to
other agencies.
Council
Section 5.36.020 as unnecessary, and repeal
enable City to charge £or reports provided
First reading was considered given an Ordinance of the
of the City of Bakersfield amending Section 5.36.010 and
Bakersfield, California, November 19, 1980 - Page 15
repealing Sections 5.36.020 and 5.36.030 of
cipal
the Bakersfield Muni-
Code relative to Fee Schedule for copies of Police Reports.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Section 5.40.160 (b) and
amending Section 5.40.210 (a) of the
Bakersfield Municipal Code relative
to Amplified Speech or Music in Parks.
This proposed ordinance conforms sections to constitu-
tional requirements.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Section 5.40.160 (b)
and amending Section 5.40.210 (a) of the Bakersfield Municipal Code
relative to Amplified Speech or Music in Parks.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.40.240 of the
Bakersfield Municipal Code relative
to sales and solicitations in City
Parks.
This proposed ordinance conforms Section 5.40.240 (a) to
amended Chapter 7.10.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5.40.240 of
the Bakersfield Municipal Code relative to sales and solicitation~
in City Parks.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Sections 6.08.040 (b) (4),
6.08.050 (b) (3), and 6.08.061 of the
Bakersfield Municipal Code relative
to Sales and Use Taxes and 6.40.050
relative to Real Property Transfer
Taxes.
This proposed ordinance conforms the Municipal Code to
Sections 7202 and 11922 of the California Revenue & Taxation Code
by repealing inconsistent sections.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Sections 6.08.040 (b)
(4), 6.08.050 (b) (3), and 6.08.061 of the Bakersfield Municipal
Code relative to Sales and Use Taxes and 6.40.050 relative to
Real Property Transfer Taxes.
Bakersfield, California, November 19, 1980 - Page 16
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 7 of the Bakersfield
Municipal Code relative to Business
Regulations and Permits by repealing
Sections 7.02.020 and 7.02.030
(Posting Handbills), 7.08.020 (d)
(3) (Sound Equipment), 7.18.200
(Junk Dealers), 7.28.040 (a) and (b)
and 7.28.050 (a) (Adult Bookstores),
7.40.170 (Admission Fees at Public
Dances), and Chapter 7.60 (Trampoline
Centers), and by amending Sections
7.16.020 (Messenger Service), 7.48.010
and 7.48.020 (4) (Hotels and Lodging
Houses), 7.52.010 (b) and 7.52.130 (d)
(Taxicabs), 7.56.010 (Transient Photo-
graphers' Bonds), 7.64.030 (c) (1)
(Police and Fire Alarm Systems, and
7.90.010 (Outdoor Festivals).
This proposed ordinance makes specified amendments to
sections providing for business regulations and permits to conform
to legal requirements. Specifically, this ordinance:
Repeals Section 7.02.020 concerning posting
of handbills, as subject matter is pre-
empted by California Pena~ Code Section
556.
Repeals Section 7.02.030, on same subject,
pre-empted by California Penal Code Section
556.1.
Repeals Section 7.08.020 (d) (3) concerning
minimum speed of sound trucks, unconstitu-
tional per Wollam v. Palm Springs, 59 Cal.
2d 276.
Repeals Section 7.18.200, as matter is
covered by Zoning Ordinance.
Repeals Section 7.28.040 (a) and (b), as a
similar provision was declared unconstitu-
tional in Perrine v. Municipal Court, 5 Ca~.
3d 656, and Section 7.28.050 (a) as a
similar provision was declared unconstitu-
tional in People v. Blaze, 27 Cal.3d 841.
6. Repeals Section 7.40.170, illegally dis-
criminates on the basis of sex.
7. Repeals Chapter 7.60.
8. Amends Section 7.16.020 establishing standards
for issuance of permits for messenger services.
Amends Sections 7.48.010 and 7.48.020 (4)
to add "motel" to list of establishments
regulated and to correct a typographical
error.
.68
Bakersfield, California, November 19, 1980 - Page 17
10. Amends Sections 7.52.010 (b) and 7.52.130
(d) exempting vehicles operated under P.U.C.
or I.C.C. jurisdiction except as local
regulation is permitted by law; and providing
for annual, rather than semi-annual,
inspection and testing to taximeters,
consistent with State law and as recommended
by the Police Department.
11. Amends Section 7.56.010 providing that
transient photographers be subject to City
regulations only if they have financial
transactions with City residents, thereby
providing legal basis for City regulation.
12. Amends Section 7.64.030 (c) (1) to delete
second clause of second sentence, as required
by Agnew v. Culver City, 147 Cal.App.2d 144.
13. Amends Section 7.90.010 to add the word
"outdoor" to conform body of section to
title.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 7 of the Bakers-
field Municipal Code relative to Business Regulations and Permits
by repealing Sections 7.02.020 and 7.02.030 (Posting Handbills),
7.08.020 (d) (3) (Sound Equipment), 7.18.200 (Junk Dealers),
7.28.040 (a) and (b) and 7.28.050 (a) (Adult Bookstores), 7.40.170
(Admission Fees at Public Dances), and Chapter 7.60 (Trampoline
Centers), and by amending Sections 7.16.020 (Messenger Service),
7.48.010 and 7.48.020 (4) (Hotels and Lodging Houses), 7.52.010 (b)
and 7.52.130 (d) (Taxicabs), 7.56.010 (Transient Photographers'
Bonds), 7.64.030 (c) (1) (Police and Fire Alarm Systems), and
7.90.010 (Outdoor Festivals).
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Chapter 8.16 of the Bakers-
field Municipal Code relative to
Endurance Contests.
This proposed ordinance repeals provisions relating to
Endurance Contests as the subject is pre-empted by State law
(Penal Code Section 11450).
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Chapter 8.16 of the
Bakersfield Municipal Code relative to Endurance Contests.
Bakersfield, California, November 19, 1980 - Page
59
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Chapter 8.28 of the Muni-
cipal Code of the City of Bakersfield
relative to Food or Drink Permits.
This proposed Ordinance repeals provisions relating to
Food and Drink Permits as the subject is pre-empted by State law
(Health and Safety Code Section 28800).
First reading was considered given an Ordinance of
the Council of the City of Bakersfield repealing Chapter 8.28 of
the Municipal Code of the City of Bakersfield relative to Food or
Drink Permits.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 8.48.130 (d) and
8.48.160 (a) and adding Sections
8.48.130 (e) and 8.48.130 (f) to the
Bakersfield Municipal Code relative
to Refuse Collection Points.
This proposed Ordinance amends 8.48.130 (d) to limit
its application to collection of residential refuse, adds Section
8.48.130 (e) to provide authority for Director of Public Works
to require concrete slab for detachable bin refuse containers,
adds Section 8.48.130 (f) to provide authority for Director of
Public Works to require enclosed structure around detachable bin
refuse containers and amends Section 8.48.160 (a) eliminating
provision providing for entry on private property for inspection
without consent or warrant and making refusal of entry a crime.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 8.48.130 (d)
and 8.48.160 (a) and adding Sections 8.48.130 (e) and 8.48.130 (f)
to the Bakersfield Municipal Code relative to Refuse Collection
Points.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Chapter 8.68 of the
Bakersfield Municipal Code relative
to Grease Traps.
Bakersfield, California, November 19, 1980 - Page 19
This proposed Ordinance repeals provisions relating to
grease traps as they are superseded by the Uniform Building C~de,
Uniform Plumbing Code and Section 8.64.210 of the Municipal Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Chapter 8.68 of the
Bakersfield Municipal Code relative to Grease Traps.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 8.84 of the Bakers-
field Municipal Code declaring trees
or shrubs growing in the City of
Bakersfield which are infested or
infected with destructive parasites
or insect pests to be a Public
Nuisance, and providing for the
abatement of such nuisances by
spraying, trimming or otherwise
treating such trees or shrubs.
This proposed Ordinance amends and updates provisions
concerning insect pests in trees and shrubs, conforming the
procedures to the more recently revised procedures of Chapter
8.80 of the Municipal Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 8.84 of the
Bakersfield Municipal Code declaring trees or shrubs growing in the
City of Bakersfield which are infested or infected with destructive
parasites or insect pests to be a Public Nuisance, and providing for
the abatement of such nuisances by spraying, trimming or otherwise
treating such trees or shrubs.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Sections 8.90.010, 8.90.020
and 8.90.050 of the Bakersfield
Municipal Code relative to Smoke
Abatement.
This proposed Ordinance repeals provisions relating to
smoke abatement as the subject is pre-empted by State law (Health
and Safety Code Section 39000) and Section 8.90.050 ignores legal
requirement for inspection warrant.
Bakersfield, California, November 19, 1980 - Page 20
61
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Sections 8.90.010,
8.90.020 and 8.90.050 of the Bakersfield Municipal Code relative
to Smoke Abatement.
First reading of an Ordinance o£ the
Council of the City of Bakersfield
repealing Section 9.04.070 of the
Bakersfield Municipal Code relative
to Pigeons and Doves (Inspections).
This proposed Ordinance repeals a provision which
provides for entry on private property to inspect places where
Pigeons and Doves are kept without consent and without an
Inspection Warrant.
First reading was considered given an Ordinance of the
Council o£ the City of Bakersfield repealing Section 9.04.070
of the Bakersfield Municipal Code relative to Pigeons and Doves
(Inspections).
First reading of an Ordinance of the
Council of the City of Bakersfield
Municipal Code relative to Crime by
repealing Chapter 10.02 (Citations
for Violations) and Sections 10.07.020,
10.07.030, 10.07.040, 10.07.080 and
10.07.110 (General Misdemeanors),
Sections 10.08.020 (a), 10.08.020 (b),
10.08.020 (c), 10.08.020 (d), 10.08.020
(e), 10.08.020 (f), 10.08.020 (g),
10.08.020 (i), 10.08.020 (j), and
10.08.020 (k) (Disorderly Conduct),
Section 10.17.010 and 10.17.020
(Dangerous Weapons in Public Buildings),
Chapter 10.28 (Injuring Public Property),
Chapter 10.38 (Public Speaking), and by
amending Section 10.17.030 (Dangerous
Weapons in Public Buildings).
Chapter 10.02 is covered by Penal Code Sections 853.5
through 853.9 and Vehicle Code Section 40500; Section 10.07.020
is unconstitutional; Section 10.07.030 is covered by contract
between the City and County; Section 10.07.040 is covered by the
California Penal Code; Section 10.07.080 is covered by Penal Code
Section 374 (b) (5); Section 10.07.110 is covered by Penal Code
Section 372a; Sections 10.08.020 (a), (b), (c), (d) and (f) are
covered by Penal Code Section 415; Sections 10.08.020 (e) and (g)
are covered by Penal Code Section 148; Sections 10.08.020 (i) and
62
Bakersfield, California, November 19, 1980 - Page 21
(j) are covered by Penal Code Section 602 et seq.; Section 10.08.020
(k) is covered by the Vehicle Code; Section 10.17.010 (a) "Dangerous
Weapons" is defined in Penal Code Section 12020; Section 10.17.021)
(Conspiracy) is covered by the Penal Code; Chapter 10.28 is covered
by the Penal Code, e.g. Section 594; Chapter 10.38 is unconstitutional
per Amalgamated Food Employees v. Logan Valley Plaza, 391 U.S. 308;
and Section 10.17.030 is amended to specify that, except as permitted
by State law, no person shall carry a dangerous weapon in any pub~ic
building.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 10 of the Bakers-
field Municipal Code relative to Crime by repealing Chapter 10.02
(Citations for Violations) and Sections 10.07.020, 10.07.030,
10.07.040, 10.07.080 and 10.07.110 (General Misdemeanors), Sections
10.08.020 (a), 10.08.020 (b), 10.08.020 (c), 10.08.020 (d),
10.08.020 (e), 10.08.020 (£), 10.08.020 (g), (10.08.020 (i),
10.08.020 (j), and 10.08.020 (k) (Disorderly Conduct), Section
10.17.010 and 10.17.020 (Dangerous Weapons in Public Buildings),
Chapter 10.28 (Injuring Public Property), Chapter 10.38 (Public
Speaking), and by amending Section 10.17.030 (Dangerous Weapons
in Public Buildings).
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing specified Sections of Title
11 of the Bakersfield Municipal Code
relative to the City Traffic Code,
amending specified Sections of said
Traffic Code, and amending Section
11.12.050 (d) relative to Parking
Time Limits and Sections 11.16.030
and 11.16.090 relative to Parade Permits.
This proposed Ordinance makes the following changes in
the City Traffic Code:
Section 1 - Repeals provisions duplicated by
the Vehicle Code, as recommended by the Police
Department.
Section 2 - Amends Section 11.04.020 (b) to
except 23rd and 24th Streets; amends Section
11.04.020 (c) to define "legal holidays" as
Bakersfield, California, November 19, 1980 - Page 22
all legal holidays in California; amends
Section 11.04.020 (h) to except depositing
of mail in adjacent mail boxes.
Section 3 - Amends Section 11.04.040 to add
Community Service Technicians.
Section 4 - Amends Section 11.04.070 to add
reference to Vehicle Code Section 165 in Sub-
section (a) and to add vehicles operated by
limited State and City Parking Control
Vehicles in Subsection (b).
Section 5 - Amends Section 11.04.280 to delete
"as defined herein."
Section 6 - Amends Section 11.04.350 by adding
"This section shall not apply within any parking
mall."
Section 7 - Amends Section 11.04.370 to meet
Police Department recommendations.
Section 8 - Amends Section 11.04.700 substituting
Department of Transportation for Department of
Public Works.
Section 9 - Amends Section 11.12.050 (d) to
satisfy legal requirements.
Section 10 - Amends Section 11.16.030 to meet
constitutional requirements.
Section 11 - Amends Section 11.16.090 to conform
to Section 11.16.030, as amended.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing specified Sections
of Title 11 of the Bakersfield Municipal Code relative to the City
Traffic Code, amending specified Sections of said Traffic Code,
and amending Section 11.12.050 (d) relative to Parking Time Limits
and Sections 11.16.030 and 11.16.090 relative to Parade Permits.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 12.27.040 of the
Bakersfield Municipal Code relative
to Council findings Re Underground
Utility District and repealing Section
12.36.050 of the Bakersfield Municipal
Code relative to Permits required for
planting, removing, trimming, etc.,
trees and shrubs.
This proposed Ordinance amends Section 12.27.040 to meet
requirements of Streets and Highways Code Section 5896.5, and
repeals Section 12.36.050, as requested by Public Works, to conform
to City practices.
Bakersfield, California, November 19, 1980 - Page 23
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 12.27.040 of the
Bakersfield Municipal Code relative to Council findings Re Under-
ground Utility District and repealing Section 12.36.050 of the
Bakersfield Municipal Code relative to Permits required for planting,
removing, trimming, etc., trees and shrubs.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 13 of the Bakersfield
Municipal Code relative to Buildings
and Construction by repealing Section
13.52.050 (Enclosure of Pools), and
by amending Sections 13.16.020 (Uni-
form Building Code), 13.28.020 (a)
(Standards for Moved Buildings),
13.30.020 (Uniform Mechanical Code),
13.40.020 (Uniform Sign Code),
13.64.020 (Uniform Housing Code) and
13.66.020 (Uniform Code for Abatement
of Dangerous Buildings).
This proposed Ordinance repeals Section 13.52.050 (Speci-
fied Time Limits Expired), and repeals Section 13.16.020, 13.30.020,
13.40.020, 13.64.020 and 13.66.020 (eliminating from Uniform Codes
provisions making it illegal to refuse entry for inspections,
(Inspection Warrant required) and Section 13.28.020 (a) (to
reference requirement of Health and Safety Code Section 17958.9).
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 13 of the Bakers-
field Municipal Code relative to Buildings and Construction by
repealing Section 13.52.050 (Enclosure of Pools), and by amending
Sections 13.16.020 (Uniform Building Code), 13.28.020 (a) (Standards
for Moved Buildings), 13.30.020 (Uniform Mechanical Code), 13.40.020
(Uniform Sign Code), 13.64.020 (Uniform Housing Code) and 13.66.020
Uniform Code for Abatement of Dangerous Buildings).
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 14.01 of the Bakers-
field Municipal Code relative to the
Uniform Fire Code.
Bakersfield, California, November 19, 1980 - Page 24
This proposed Ordinance adds a provision deleting from
City's adoption of the Uniform Fire Code a provision providing
for inspection without consent and without an Inspection Warrant.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 14.01 of the
Bakersfield Municipal Code relative to the Uniform Fire Code.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 16 of the Bakersfield
Municipal code (Subdivision Regulations)
by amending Section 16.12.010 ~d)
Tentative and Final Maps required)
and Section 16.52.112 (e) (Format
Content of Final Map).
This proposed Ordinance conforms Section 16.12.010 (d)
to provisions of Government Code Section 66426 and Section 16.52.112
to Provisions of Government Code Section 66434 (f).
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 16 of the Bakers--
field Municipal Code (Subdivision Regulations) by amending Section
16.12.010 (d) (Tentative and Final Maps required) and Section
16.52.112 (e) (Format Content of Final Map).
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.69.070 of the
Bakersfield Municipal Code relative
to Structural Standards for Fall-Out
Shelters.
This Ordinance amends Section 17.69.070 to correct reference
to Chapter specifying structural standards.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.69.070 of
the Bakersfield Municipal Code relative to Structural Standards
for Fall-Out Shelters.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield
located on the south side of State
Highway 178, east of Fairfax Road;
and making findings in connection
with a P.U.D. Zone.
66
Bakers£ield, California, November 19, 1980 - Page 25
The application for this amendment was made by Michael
Callagy 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.
The Planning Commission reviewed the P.U.D. zoning on
October 1, 1980 and recommended approval.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of that
certain property in the City of Bakersfield located on the south
side of State Highway 178, east of Fairfax Road; and making findings
in connection with a P.U.D. Zone.
Adoption of Resolution No. 70-80 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. 281, LAFCO
Proceeding No. 735 (Real No. 4).
The Real No. 1 Annexation cannot be finalized until
there is a negotiated exchange of Property Tax Revenues between
the County and City. 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.
Upon a motion by Councilman Means, Resolution No. 70-80
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. 281, LAFCO Proceeding No. 735
(Real No. 4), was adopted by the following rol~ call vote:
Ayes: Councilmen Strong, Barton,
Payne, Ratty
Noes: None
Absent: None
Christensen, Means, Miller,
Bakersfield, California, November 19, 1980 - Page 26
Approval of Agreement with the
California Water Service Company
for upgrading the Fire System along
Owens Street.
As part of the Neighborhood Revitalization activities in
the southeast portion of the City, upgrading of the fire protection
system is an integral segment. This agreement will enable Cal
Water to extend the water system in Owens Street between Murdock
and Gorrill Streets. Because the upgrading is to be made to
California Water Company's system, it is requested that the normal
bidding procedure be dispensed with, in accordance with Section
5.20.060 of the Municipal Code. The Engineer's estimate is
$11,625, which is within the amount allocated as part of the
Community Development Block Grant Program for this project.
Upon a motion by Councilman Strong, normal bidding pro-
cedures were dispensed with, in accordance with Section 5.20.060
of the Municipal Code, and the Agreement with California Water
Service Company for upgrading the Fire System along Owens Street
was approved and the Mayor authorized to execute same.
Approval of Plans and Specifications
for construction of Chester Avenue
Underpass and Finance Department
authorized to advertise for bids.
This project provides for the construction of Chester
Avenue under the Southern Pacific Railroad. The City's share of
the project cost is budgeted in the current fiscal year. The
Engineer's estimate is $4,600,000, being apportioned to the
various agencies as follows:
City of Bakersfield
County of Kern
Grade Separation District
S. P. Railroad
State Grade Separation
Funds
TOTAL
The Public Works Department
$ 180,000
180,000
100,000
460,000
3,680~000
$4,600,000
reviewed the plans and
specifications and recommends approval.
Bakersfield, California, November 19, 1980 - Page 27
Upon a motion by Councilman Ratty, plans and specifica-
tions for construction of the Chester Avenue Underpass were
approved and the Finance Department was authorized to advertise
for bids.
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Jennie Calhoun to the decision of the
Planning Commission denying her application to change the zoning
boundaries from an R-1 (One Family Dwelling) Zone to a C-O-D
(Commercial and Professional Office - Architectural Design)
Zone, affecting that certain property in the City of Bakersfield
located at 4009 Sill Place.
This hearing has been duly advertised and the property
owners notified as required by law.
Letters opposing the C-O-D zoning have been received
from J. Richard Krizo, 4101 Sill Place, and Gil S. Park, M.D.,
4201 Sill Place.
Mayor Hart declared the hearing open for public partici-
pation.
Judge John Jelletich, 4000 Riviera Drive, representing
the neighborhood, spoke in opposition to the C-O-D zoning because
it does not conform with the General Plan and is not in harmony
with the surrounding area. Judge Jelletich presented a diagram
and photos of the area, copy of the Calhoun Building Permit and
a copy of the covenants, conditions and restrictions for this area,
which does not allow commercial activity.
Mr. Art Kay, 2323 Hills Drive, representing the people
living in the East Hills condominiums, spoke in opposition to the
C-O-D zoning in this area and requested that the application be
denied.
Mr.
opposition to
from Mr.
Bill Wonderly, 2301 East Hills Drive, spoke
the C-O-D zoning request and also presented
and Mrs. Alan R. Miller, 4205 Sill Place,
letters
Mr. and Mrs.
Bakersfield, California, November 19, 1980 - Page 28
Mark Kandarian, 3800 Flintridge Drive, David W. and Suzanne
Chalet Lewis, 4108 Sill Place, expressing opposition to the zone
change.
Mr. Steve Roberts, owner of the lot next to the Calhoun
home, spoke in opposition to the requested commercial zoning.
Mr. Roger Ang, 4200 Sill Place, spoke in opposition to
the requested commercial zoning.
Mr. Frank Denham, 4100 Sill Place, spoke in opposition
to the requested commercial zoning because of added traffic and
endangering the children in the area and property values.
Mr. Robert Anspach, Attorney representing Mr. and Mrs.
Calhoun, presented aerial photographs of the area and spoke in
favor of the C-O-D zoning.
Mr. J. C. Calhoun, applicant for the C-O-D zoning,
answered questions of the Council.
No further protests or objections being received and
no one else wishing to speak in favor, Mayor Hart closed the public
portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Miller, Zoning Resolution
No. 279 denying Application of Jennie Calhoun to amend Title
Seventeen of the Bakersfield Municipal Code by changing the Land
Use Zoning of that certain property in the City of Bakersfield
commonly known as 4009 Sill Place, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
This is the time set for public hearing before the
Council for the purpose of hearing any comment for or against
a City proposal to grant a Negative Declaration for construction
of a series of up to six turnout structures to be used to more
efficiently utilize water spreading areas on the City's 2,800-
acre Kern River water spreading lands located on the westerly
portion of the City, along the Kern River flood plains.
Bakers£ield, California, November 19, 1980 - Page 29
pation.
portion of the
action.
Upon
This hearing has been duly advertised.
Mayor Hart declared the hearing open for public partici--
No protests or objections being received, the public
hearing was closed for Council deliberation and
a motion by Councilman Barton, Resolution No. 71-$0
of the Council of the City of Bakersfield approving a Negative
Declaration for the construction of a series of up to six turnout
structures to be used to more efficiently utilize water spreading
areas on the City's 2,800-acre Kern River water spreading lands,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton, Christensen,
Payne, Ratty
Means, Miller,
None
None
This is the time set for public hearing before the Council
for hearing protests to the sale of a sump site to the Greater
Bakersfield Separation of Grade District at the appraised value as
set forth in Resolution No. 66-80.
This hearing has been duly advertised.
The City entered into an agreement with the Separation of
Grade District for construction of an undercrossing at the Southern
Pacific Railroad/Chester Avenue intersection. Part of the District
project will occupy a portion of the subject sump site and a
proposed storm drain by the District will also eliminate the need
for the sump site at the 32nd Street/"K" Street intersection.
Mayor Hart declared the hearing upen for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Christensen, Resolution No.
72-80 of the Council of the City of Bakersfield making specified
findings and taking specified action concerning sale of sump site
Bakersfield, California, November 19, 1980 - Page 30
to the Greater Bakersfield Separation of Grade District was adopted
by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
DEFERRED BUSINESS
(Continued)
Councilman Strong stated what he suggested was not
meant to be complicated. He merely felt each Councilman should
have the right to appoint one Commissioner, if the electorate sees
fit to change that Charter provision. Each Commissioner's term
should be for four years, regardless of the Councilman's term.
It was not meant to run concurrent with the Councilman's term
and no provision should be spelled out that the Commissioner so
appointed would have to live in a specific ward. He/she needs
only to be a resident of the City.
City Attorney Oberholzer read the possible wording for
the Charter Amendment, as drafted by Assistant City Manager Russell,
as follows:
The members of such Commission shall be
appointed by the City Council to terms of
four years. Each of the seven Council
members shall appoint one person to serve
on said Commission. In the case of the
first Commission to take office, after
adoption and ratification of the amendment,
three will hold office for two years, four
will hold office for four years and such
terms to coincide with the remaining term
at the time of adoption of this amendment
of the Council member making the appointment.
At the expiration of the terms, so provided,
successors shall be filled by the Council
member representing the ward of the original
appointment. Vacancies on the Commission,
for whatever cause, shall be filled for
the remaining term in the same manner.
Adoption of Resolution No. 73-80
calling the General Municipal
Election for the Office of Councilman
in the 1st, 3rd, 4th and 7th Wards,
to be held in the City of Bakersfield
on Tuesday, the 3rd day of March, 1981,
and directing the City Clerk to
publish the Notice of Election.
Bakersfield, California, November 19, 1980 - Page 31
Upon a motion by Councilman Barton, Resolution No~ 73-80
calling the General Municipal Election for the Office of Councilman
in the 1st, 3rd, 4th and 7th Wards, to be held in the City of Bakers-
field on Tuesday, the 3rd day of March, 1981,
City Clerk to publish the Notice of Election,
following roll call vote:
Councilmen Strong, Barton,
Payne, Ratty
Ayes:
Noes: None
Absent: None
and directing the
was adopted by the
Upon
of the Council
Christensen, Means, Miller,
Adoption of Resolution No. 74-80 of
the Council of the City of Bakers-
field calling a Special Municipal
Election for the purpose of submitting
to the Electors of the City Amendments
to the Charter of the City of Bakers-
field, and providing for the consoli-
dation of said Election with the
General Municipal Election to be held
on March 3, 1981, with the amendment
as stated by the City Attorney.
a motion by Councilman Barton, Resolution No. 74-80
of the City of Bakersfield calling a Special Municipal
Election to be held on March 3, 1981, with the Amendment as stated
by the City Attorney, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
for the consolidation of said Election with the General Municipal
Amendments to the Charter of the City of Bakersfield, and providing
Election for the purpose of submitting to the Electors of the City
Bakersfield, California, November 19, 1980 - Page 32
ADJOURNMENT
There being no further business to
Council, upon a motion by Councilman Miller,
adjourned at 10:15 P.M.
come before the
the meeting was
Calif'.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ASSISTANT CITY CLERK
ma/mp
Bakersfield, California, November 25, 1980
Minutes of a special meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 6:00 P.M., November 25, 1980.
The meeting wa~ called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance.
Present:
Absent:
The City Clerk called the roll
Councilmen Barton, Christensen,
Ratty, Strong
Mayor Hart
NEW BUSINESS
as follows:
Means, Miller, Payne,
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
Councilman Ratty made a motion to return the proposed
Charter amendments to the Charter Review & Advisory Commission for
their review and recommendations prior to submission to the
electorate.
City Attorney Oberholzer pointed out that if the Council
chose to delay in putting the proposed Charter amendments on the
man Ratty, Resolution No. 74-80 of the Council of the City of
After considerable discussion, upon a motion by Council-.
vote:
Ayes:
Bakersfield calling a Special Municipal Election for the purpose
of submitting to the Electors of the City Amendments to the
Charter of the City of Bakersfield, and providing for the consoli-
dation of said Election with the General Municipal Election to be
held on March 3, 1981, was rescinded by the following roll call
Rescinding of Resolution No. 74-80
of the Council of the City of Bakers-
field calling a Special Municipal
Election for the purpose of submitting
to the Electors of the City Amendments
to the Charter of the City of Bakers-
field, and providing for the consoli-
dation of said Election with the ·
General Municipal Election to be held
on March 3, 198t.
Bakersfield, California, November 25, 1980 - Page 2
ballot for the March 3,
date would be June 1982,
Councilmall Strong suggested that the complete text of
proposed Charter amendments be made available to the voters.
Councilman Means offered a substitute motion that the
recommendations made by the Charter Review Commission be submitted
to the voters.
city Attorney Oberholzer stated that the Charter Review
Commission did not review the entire Civil Service section of the
Charter, which made it necessary to add some amendments to those
the Commission proposed, based on input from the Commission.
Councilman Miller made a substitute motion that Resolution
No. 74-80 be reinstated in its entirety, with the proviso that each
Councilman would have the opportunity to nominate one individual
to the Civil Service Commission, and the Council as a whole would
have the position of approval or denial of that nomination. This
substitute motion failed to carry by the following roll call vote:
Ayes:
Noes:
Absent:
Councilman Miller
Councilmen Barton,
Strong
1980 election, the next possible election
unless the Council called a special election.
the
Payne, Ratty,
amendments to the Charter Review & Advisory Commission for their
review and recommendations prior to submission to the electorate
failed to carry by the following roll call vote:
Ayes: Councilman Miller, Payne, Ratty
Noes: Councilmen Barton, Christensen, Means, Strong
Absent: None
failed
Ayes:
Noes:
Absent:
Councilman Miller made a motion to adjourn.
to carry by the following roll call vote:
Councilman Miller
Councilmen Barton, Christensen, Means, Payne,
Strong
None
This motion
Ratty,
None
Councilman Means withdrew his substitute motion.
Councilman Ratty's motion to return the proposed Charter
Christensen, Means,
Bakersfield, California, November 25, 1980 - Page 3
Adoption of Resolution No. 75-80
of the Council of the City of
Bakersfield calling a Special
Municipal Election for the purpose
of submitting to the Electors of
the City Amendments to the Charter
of the City of Bakersfield, and
providing for the consolidation
of said Election with the General
Municipal Election to be held on
March 3, 1981.
Councilman Means stated it was his intention to make a
motion for adoption of a resolution calling a Special Municipal
Election and submitting to the Electors of the City Amendments
which would include the recommendations made by the Charter Review
and Advisory Commission.
City Attorney Oberholzer read the recommendations of
the Charter Review Commission.
Upon a motion by Councilman Means, Resolution No. 75-80
of the Council of the City of Bakersfield calling a Special Munic-
ipal Election for the purpose of submitting to the Electors of the
City Amendments to the Charter of the City of Bakersfield, and
providing for the consolidation of said Election with the General
Municipal Election to be held on March 3, 1981, to include the
recommendations made by the Charter Review and Advisory Commission,
was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Strong
Noes: Councilmen Miller, Payne, Ratty
Absent: None
Councilman Miller requested a definite date for submit-
ting arguments for and against the Charter amendments.
The meeting was recessed at 7:20 P.M. in order to obtain
this information and reconvened at 7:25 P.M.
City Attorney Oberholzer stated the information he has
is that the first day to file arguments for or against the Charter
amendments is November 28, and the last day to file arguments is
December 8, 1980. The City Attorney has an opportunity prior to
December 18, 1980 to prepare an ~mpartial analysis, not to exceed
Bakersfield, California, November 25, 1980 - Page 4
500 words, to be submitted with the arguments for printing and
which is determined by the Elections
submission to the voters,
Code.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 7:30 P.M.
E~of t~of Bakersfield, Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CITY CLERK
mp
Bakersfield, California, December 10, 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., December 10, 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 Christensen, Means, Miller,
Payne, Ratty, Strong, Barton
Minutes of the regular meeting of November 19, 1980 and
special meeting of November 25, 1980, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Vincent Casper, Chairman of the Revelopment Agency,
stated the Redevelopment Agency and Mayor has had recent inquirie~
from prospective developers regarding the development of a con-
vention type hotel in the downtown area on City property adjoining
the Civic Auditorium. The Redevelopment Agency and staff requests
a consensus, from the Council, as to their feelings on the develop-
ment of a hotel in the downtown area and the authority for the
Agency to actively pursue locating a reliable developer to build
a hotel on City property.
Councilman Barton made a motion that the Redevelopment
Agency actively pursue locating a reliable developer to develop a
convention type hotel in the area of the Civic Auditorium, and
the Chairman of the Auditorium-Recreation Committee, Councilman
Christensen, be authorized to act as a liaison between the Council
and Redevelopment Agency to keep the Council informed of the
Agency's progress.
Councilman Payne, after obtaining an opinion from the
City Attorney, stated that due to pending litigation he would not
participate in this matter.
Councilman Miller requested that Councilman Barton amend
his motion so the Redevelopment Agency is not limited to seeking
Bakersfield, California, December 10, 1980 - Page 2
only the development of the property adjacent to the Civic
Auditorium.
After discussion, Councilman Barton's motion that the
Redevelopment Agency be authorized to actively pursue locating a
reliable developer to develop a convention type hotel in the
downtown area, and the Chairman of the Auditorium-Recreation
Committee, Councilman Christensen, be authorized to act as a liaison
between the Council and Redevelopment Agnecy to keep the Council
informed of the Agency's progress, was approved.
CORRESPONDENCE
Upon a motion by Councilman Miller, communication from
the Kern County Builders' Exchange, Inc., dated November 19, 1980,
regarding the Energy Task Force's recommendations, was received,
ordered placed on file and referred to the Energy Committee.
Upon a motion by Councilman Means, communication from
Carpenter, Kuh~ Williams, Parsons & Sprayberry, Accountancy
Corporation, dated October 25, 1980, regarding financial audit of
the City of Bakersfield for year ending June 30, 1980, was received
and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Ratty, communication from
Dave Eastwood, 1901 - 2nd Street, dated December 6, 1980, requesting
that the same programs be offered on Bakersfield Cable TV's Home
Box Office as offered on Warner Cable TV's Movie Channel, was
received and referred to the Business Development and Parking
Committee.
Upon a motion by Councilman Means communications from
George Ming, 2119 Ming Avenue, Carol Elmore 2824 - 16th Street,
and Arvella Pence, 120 Houchin Road, expressing support of the
Downtown Shopping Mall, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Lois Anderline, 6708 Norris Road, expressing support of the Down-
town Shopping Mall, was received and ordered placed on file.
Bakersfield, California, December 10, 1980 - Page 3
COUNCIL STATEMENTS
Councilman Christensen made a motion that the City
Council authorize the following Argument in favor of Measure "I",
and that it be delivered to the City Clerk for printing and
distribution to the voters and that any Council member desiring
to include his name in support of the Argument be so permitted:
Bakersfield's present Civil Service System was
established in 1931. At that time, the elec-
torate voted in favor of three separate
commissions: a Police Commission, a Fire
Commission and a Miscellaneous Employees'
Commission. This system worked well in the
1930's, 40's and into the 50's, however, in
the 1960's and 70's many Federal and State
laws were passed in regards to employer-
employee relations which supersede the Cities'
charter, thus making it impractical for the
City to remain under three separate commissions.
The County of Kern has operated since 1956 with
one commission and no where in the Stat'e of
California are we aware of a City or County
which has three separate Civil Service Commissions.
Nearly two years ago, the present City Council
appointed a fifteen member committee made up of
City residents, for t~e purpose of reviewing
our charter. This committee has met with the
City staff, union representatives, businessmen
and a diverse group of interested citizens
before arriving at their recommendations up-
dating the charter. Many hours of research
and deliberation with all facets of our com-
munity have been spent on this project. These
recommendations have been well thought out, and
if passed by the electorate, will result in
more efficient city management and at less cost.
After nearly 50 years of the same charter
requirements, let's bring our City into today's
world. Vote YES on Measure I.
Is/
J.M. "Chris" Christensen
John M. Means
Vernon D. Strong
James J. Barton
12-10-80
Councilman Christensen's motion was unanimously approved.
Councilman Means made a motion that copies of the Energy
Task Force's recommendations be forwarded to the Kern County Board
of Supervisors for their consideration. This motion was unanimous]Ly
approved.
Bakersfield, California, December 10, 1980 - Page 4
Upon a motion by Councilman Means the City Attorney was
requested to prepare an Impartial Analysis of the Charter Amend-
ments, which will be included in the sample ballots with the Argu-
ments for and against the Measures.
Councilman Miller requested permission from the Council
to write an Argument in opposition to Measure I.
Councilman Strong stated he would be happy to support a
motion to that effect if Councilman Miller would include in the
motion that any Councilman who wishes to write an Argument in favor
be authorized to do so.
City Attorney Oberholzer explained that only one Argumer~t
for and one Argument against a measure can be printed to be included
with the sample ballot. The members of the legislative body,
authorized by that body, have first priority when the Arguments are
selected for printing by the City Clerk.
Councilman Strong stated he wanted the right to amend
the Argument in favor of Measure I that was read by Councilman
Christensen.
Councilman Miller made a motion that members of the
Council be authorized to submit Arguments for and against the
Charter Amendments. Councilman Miller stated he wanted it under-
stood that he is only in opposition to Measure I and does not
oppose the rest of the Charter Amendments.
Dr. Ray Geigle, member of the Charter Review and Advisory
Commission, commented on the proposed Charter Amendments and
thanked the Council for keeping politics out of the Measures.
Councilman Miller's motion that members of the Council
be authorized to submit Arguments for and against the Charter
Amendments, was approved.
Upon a motion by Councilman Barton, City Attorney Richard
Oberholzer was appointed to the Board of Zoning Adjustment, term
expiring December l, 1982; and Director of Public Works J. Dale
Bakersfield, California, December 10, 1980 - Page 5
Hawley was reappointed to the Board of Zoning Adjustment and Edgar
W. Schulz was reappointed as the Public Works Director's alternat,e
to the Board of Zoning Adjustment, terms expiring December 1, 198:3.
Councilman Means voted in the negative on this motion.
Mayor Hart requested the City Manager to comment on the
situation regarding the Workshop Session between the Council and
Redevelopment Agency scheduled for Monday, December 15, 1980, at
7:00 P.M., in the Council Chambers of City Hall.
City Manager Bergen stated the City's consultants have
indicated that the Downtown Shopping Mall, as presently proposed,
is not feasible without the Urban Development Act Grant. They have
further stated that the decision on the Grant has not been made and
will not be made for ten days and possibly twenty days. With these
facts a Workshop Session would not be productive on Monday the 15th
of December. As has been stated, the City's consultant, Jerry
Keyser of Keyser Marston Associates, is not able to attend and Dan
Donahue of Griffith Company will not be able to attend. Mr. Donahue
is busy working on this project and that is part of the conflict
he is having. In light of these facts it is recommended that the
Workshop Session be deferred until the first convenient time of
the Council and Redevelopment Agency when the results of the UDAG
Application are known.
After discussion, upon a motion by Councilman Strong the
Workshop Session between the Council and Redevelopment Agency to
discuss the Downtown Shopping Mall set for Monday, December 15,
1980, at 7:00 P.M., in the Council Chambers of City Hall, was post-
poned for a period not to exceed 30 days from December 15, 1980.
REPORTS
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 11-80 regarding California
Homeownership Assistance Program - AB 333, as follows:
On September 8, 1980, the California State
Department of Housing and Community Development
Bakersfield, California, December 10, 1980 - Page 6
(HCD) released a request for proposals under
the California Homeownership Assistance Program
--AB 333. Operated in partnership with local
government agencies, the program provides
financial assistance, through an equity-sharing
method, for eligible individuals seeking home-
ownership. This represents the first time that
the State has committed General Fund monies to
housing. The first component of the AB 333
program, to be funded for $7.5 million, is
targeted to apartments and mobilehome parks
being converted to condominiums and stock co-
operatives.
Under the AB 333 regulations, a local govern-
ment agency applies on behalf of eligible
households to have the program operated in that
jurisdiction. The local agency must receive
State certification that it is administratively
capable of promptly implementing the program,
agree to assist in the initial administration
of the program and agree to enter into a
contract with the State for that purpose. The
local agency then notifies eligible tenants of
the program, provides financial counseling and
provides monitoring and progress reports to the
State HCD. The City's Community Development
Department currently has the staff and resources
to conduct this function.
Two condominium conversion projects have been
identified which would qualify under AB 333.
One is the northeast section of town, the other
is in the southwest. Together, they involve
50 eligible units with a financial requirement
of $1,000,000 in State funds. Based upon a
review of the State guidelines and conversations
with HCD, the committee considers these to be
viable projects which should receive favorable
State consideration in the next funding round,
anticipated to be at the end of January, 1981.
THEREFORE, IT IS RECOMMENDED THAT staff be
authorized to submit an AB 333 application to
the State Department of Housing and Community
Development in the next funding round.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 11-80 regarding California Home-
ownership Assistance Program - AB 333, was accepted; and staff was
authorized to submit an AB 333 Application to the State Department
of Housing and Community Development in the next funding period.
Councilman Payne, member of the Business Development and
Parking Committee, read Majority Report No. 12-80 regarding
Extension of the Central Parking Mall, as follows:
Bakersfield, California, December 10, 1980 - Page
Since the adoption of the ordinance by the City
Council enabling the formation of the Central
Parking Mall concept in Downtown Bakersfield
in 1970, there have been numerous requests to
add to and/or amend the one-way street concept
so that additional parking spaces could be
provided.
The last change to this parking mall concept
was made in 1977, wherein this Council added
an additional block on the east and west sides
of the existing one-way couplet. At that time,
the proposal to add the block between "F" and
"G" Streets on 19th and 20th Streets was con-
sidered, but not approved.
Since that decision, the Downtown Business
Association has wrestled with the sustaining
fact that there is a great need for additional
parking in the downtown area.
The Redevelopment Agency, in response to this
cry to provide additional parking by whatever
means feasible, prepared a parking study. The
parking study concluded that in the quadrant
of the downtown area presently being considered,
there is an approximate 650-parking space
deficiency.
In the block under consideration, i.e., "F" to
"G", 19th to 20th, the parking study concluded
that, according to the land use that presently
exists, 160 parking spaces should be provided
where in fact only 98 are provided. This shows
a deficiency in that block of 62 parking spaces.
The majority o£ this Committee recommends to
this Council that the Central Mall concept be
extended one additional block between "F" and
"G" Streets on 19th and 20th Streets.
We base our recommendations on the following:
The Agency, at considerable expense, con-
ducted a parking study that indicated a
shortage of 231 parking spaces in the area
north of 19th Street, west of Chester,
south of 22nd Street, and east of "F" Street.
The addition of 12 parking spaces answers
this need, and provides 33% more parking
than presently exists on the two streets
in question.
Written and verbal testimony from some area
businesses along "F" and "G" Streets indicates
that the main issue of their concern is that
the added spaces would only be acquired by
the employees of the Welfare Department, and
would not really accomplish the intended
purpose.
Bakersfield, California, December 10, 1980 - Page 8
Along 19th Street, between "F" and "G"
Streets, the two property owners on the
south side favored the addition of parking
spaces that would be provided by the one-
way street.
o
On the north side of 19th Street, only one
business, i.e., Westside Liquors, is in
opposition to the one-way concept, and has
stated they have no need for additional
parking on the street because of their
inherent on-site parking provisions.
o
The Welfare Department office expressed
concern, not for the one-way concept, but
for any change in long-term parking time
limits that would affect their employees
who must park on the street. They employ
130 people and provide 42 on-site parking
spaces off 20th Street.
On 20th Street,
are no business
one-way concept.
along the south side, there
people in opposition to the
On the north side of 20th Street, the State
Rehabilitation Center is hopeful that
additional parking can be provided; and
in addition, would like at least two "blue-
curb" spaces for handicapped parking. This
facility occupies one-half of the north
side of 20th Street.
The "Happy Jacks" restaurant is not in favor
of the one-way concept because of the large
take-out trade enjoyed by the business.
They contend that implementing the proposed
change will result in the slowing of traffic,
and will tend to inhibit the movement of
traffic.
The City Credit Union office on "G" Street
is not in favor of the change, and is
basically concerned about the changes in
ingress and egress on their parking lot.
It presently provides access to both east
and west bound traffic off 20th Street.
10.
The businesses on the west side o£ "F"
Street, between 19th and 20th, feel that
the ultimate decision will have no effect
on them.
In conclusion, the businesses that will be
directly affected because of the one-way traffic
patterns that will result, have voted 66% in
favor on 19th Street and 50% in favor on 20th
Street. Therefore, we recommend the implemen-
tation of the one-way concept on 19th and 20th
Streets between "F" and "G" Streets.
Councilman James J. Barton, Chairman
Councilman Thomas A. Payne
Bakersfield, California, December 10, 1980 - Page 9
Councilman Miller, member of the Business Development
and Parking Committee, read Minority Report No. 13-80 regarding
Extension of the Central Parking Mall, as follows:
On October 29, 1980, this Committee, via Report
No. 10-80, recommended that the Central Parking
Mall concept along 19th and 20th Streets in
Downtown Bakersfield be expanded to include the
block between "F" and "G" Streets. As a result
of that report, and in light of discussions
that took place at the Council Meeting, the
matter was referred back to the Business
Development and Parking Committee for further
study.
Since that time, this Committee held two meetings
with affected area business people--one on
November 12, 1980 and the other on November 17,
1980.
As a result of these two meetings, I feel it
necessary to submit this minority report in an
effort to convey to the Council that I no longer
support the proposed extension of the mall
concept. This decision is based on the following
facts:
Field observations by staff indicate that
the present parking spaces are not being
fully utilized.
At least two o£ the affected businesses are
opposed to the resulting change in the
circulation pattern, because they feel such
change would have an adverse effect on their
business. Facing 19th and 20th Streets,
there are seven businesses and one vacant
commercial structure.
o
The backing movements caused by modifica-
tions to the existing traffic pattern would
(according to statistics) cause added
traffic accidents.
The net gain in parking spaces on 19th and
20th Streets would be 12 spaces, for a
total of 46, as compared with the 32 spaces
at present.
Therefore, because of the foregoing reasons,
request the Council not to authorize the ex-
tension of the mall concept between "F" and
"G" Streets.
I
Respectfully submitted,
Councilman Robert N. Miller
Councilman Payne made a motion that Business Development
and Parking Committee Majority Report No. 12-80 regarding Extension
of the Central Parking Mall, be accepted; and the one-way traffic
Bakersfield, California, December 10, 1980 - Page 10
pattern on 19th and 20th Streets between "F" and "G" Streets, be
approved.
Mr. Skip Witham, President of the Downtown Business
Association, spoke in favor of the extension of the Downtown
Parking Mall.
Mrs. Frances Rosales, owner of Happy Jacks Restaurant,
1800 - 20th Street, spoke in opposition to extending the Downtown
Parking Mall.
Councilman Miller offered a substitute motion that
Business Development and Parking Committee Minority Report No.
13-80 regarding Extension of the Central Parking Mall, be accepted;
and that the Downtown Parking Mall not be extended at this time.
Councilman Strong requested that Councilman Miller include
in his substitute motion that the Downtown Parking Mall be left as
is, pending an overall parking review to be considered at a later
date.
Councilman Miller indicated he would include that in
his substitute motion.
Mr. Steve Lewis, representing the owners of an office
building at 1800 - 19th Street, spoke in opposition to the extension
of the Downtown Parking Mall.
Councilman Miller's substitute motion that Business
Development and Parking Committee Minority Report No. 13-80,
regarding Extension of the Central Parking Mall, be accepted; and
the Downtown Parking Mall not be extended at this time, pending
an overall parking review to be considered at a later date, carried
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen,
Councilmen Payne,
None
Councilman Means,
Means, Miller, Strong
Ratty, Barton
Chairman of the Budget Review and
Finance Committee, read Report No.
Funds for Zoning Ordinance Review,
19-80 regarding Additional
as follows:
Bakersfield, California, December 10, 1980 - Page ll
In the 1979-80 fiscal year budget, $15,000 was
approved for a review of the City's Zoning
Ordinance. It has been many years since this
ordinance had been thoroughly reviewed. There
were many parts which were outdated, contained
conflicting wording and generally were posing
administrative problems. It was determined the
most appropriate manner to make this review was
to utilize the input of those most affected,
namely representatives of the building and
development industries, assisted by an outside
consultant. A citizen's advisory committee was
appointed by the Mayor from these industries
and QUAD Consultants was selected as the con-
sultant. The actual review began early in 1980.
A draft report is now completed and being
circulated for final review. However, it
appears the costs to complete this review will
exceed the original estimate by approximately
$6,500. This results from a greater number of
advisory committee meetings than originally
anticipated (totalling twenty to date over a
five month period), greater documentation of
committee progress requiring higher adminis-
trative costs, additional issues other than
staff concern being raised by outside groups
which required added work and the consultant
time and administrative support to finalize
the report and appear before the Planning
Commission and City Council.
The Committee feels this ordinance review is
very necessary and the advisory committee has
been very diligent and responsive in carrying
out their responsibilities and would therefore
recommend $6,500 be transferred from the
Council Contingency account to complete this
review.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 19-80 regarding Additional Funds for
Zoning Ordinance Review, was accepted; and Budget Transfer from
the Council Contigency Account to the appropriate account, in the
amount of $6,500, in order to complete the review of the Zoning
Ordinance, was approved.
Director of Fire & Development Services Needham reported
on a funding request from the Greater Bakersfield Local Development
Corporation, as follows:
At the November 19, 1980 City Council Meeting
a request for $3,000 in Community Development
funds was made by the Greater Bakersfield Local
Development Corporation (GBLDC) for organi-
zational funds and referred to staff for study
Bakersfield, California, December 10, 1980 - Page 12
and recommendation. The funds are to pay for
start-up costs and fees for incorporation of
the GBLDC.
The GBLDC is a duly executed non-profit organi-
zation, incorporated to assist existing small
businesses by providing financial assistance
through the Small Business Administration (SBA)
programs. The LDC has been certified by the
SBA. The State of California Economic and
Business Development Department has provided
technical assistance to screen potential projects.
As a result of the screening, two viable projects
have been identified and are being prepared for
submission to SBA. One project will assist a
minority owned business relocate and expand its
present operation.
The LDC is eligible for Community Development
funding under the outside funding policy
adopted by the City Council on October 29, 1980.
The organization will help to serve the goals
of the approved Comprehensive Economic Develop-
ment Strategies (CEDS) by leveraging public
funds with that of private monies, and creating
permanent unsubsidized employment opportunities.
The City's HUD field representative states that
this activity is eligible under HUD regulations.
THEREFORE, IT IS RECOMMENDED THAT the funding
request of the Greater Bakersfield Local
Development Corporation be approved and the
Mayor authorized to execute the contract.
Upon a motion by Councilman Means, request from the
Greater Bakersfield Local Development Corporation for Community
Development Funds, in the amount of $3,000, was referred to the
Budget Review and Finance Committee for study and recommendation.
Director of Fire & Development Services Needham reported
on a funding request from the Kern County Housing Authority, as
follows:
At the November 19, 1980 meeting, the City
Council received and referred to staff for
study and recommendation a November 13 letter
from the Kern County Housing Authority (KCHA)
Board of Directors regarding Community Develop-
ment funds for a housing referendum. Specifi-
cally, the request is to utilize the unspent
balance remaining on the contract approved by
the Council in September to place an Article
XXXIV referendum on the November 4, 1980 ballot.
These funds now are being requested to continue
the education effort regarding the need for
low-cost housing and to fund future election
costs.
¸9O
Bakersfield, California, December 10, 1980 - Page 13
After staff review of the existing contract and
the discussion among the parties leading up to
its approval, it is very clear that the intent
was only to pay for those costs incurred between
June 18 and November 4, 1980 which related
directly to passage of Measure A on the ballot.
To this end the following wording was included
in Section 4 of the contract:
"It is understood and agreed that
County and City shall not fund any
activities of Authority's consultant
or any of the educational advertising
activities undertaken by Authority
after November 4, 1980."
This alone is sufficient to recommend that the
Authority's request be denied.
However, staff also believes that its concern
about the relationship between the Citizen's
Committee for Affordable Housing (CCAH) and
the Kern County Housing Authority should be
stated. Presently, Homer Harrison, a KCHA
Director, also heads up the CCAH, and utilized
office space at the Authority from which to
direct the campaign. It is staff's opinion
that this close identification between the two
entities caused confusion among the voters
regarding Measure A and also brought about a
no vote recommendation on the referendum from
the Greater Bakersfield Board of Realtors.
For this reason as well staff believes that no
further funding should be made available to
the Citizens Committee on Affordable Housing
as it is currently structured.
Upon a motion by Councilman Means, request from the Kern
County Housing Authority for Community Development Funds for a
housing referendum, was denied. Councilman Strong abstained from
voting on this matter.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3292 to 3619,
inclusive, in the amount of $1,849,826.36.
(b)
Claim for Damages from John S. Fleming
and Three Way Chevrolet, 3921 Columbus
Street, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Esther P. Silfies,
P.O. Box 366, Glennville, California.
(Refer to City Attorney)
Bakersfield, California, December 10, 1980 - Page 14
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
Claim for Damages from Lovie Johnson, c/o
Sims, Solomon & Konnoff, Attorneys at Law,
1306 Chester Avenue, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Tommie Townsend,
c/o Sims, Solomon & Konnoff, Attorneys at
Law, 1306 Chester Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Riviera Garden
Condominiums, 3610 Elm Street, Bakers-
field. (Refer to City Attorney)
Claim for Damages from Johnny Charles
Turner, 1520 South Chestnut, Apt. 109,
Fresno, California. (Refer to City
Attorney)
Street Right-of-Way Deed from Portfolio
Properties, Inc., providing for dedication
of a portion of Stine Road, as required by
the Planning Commission for Parcel Map No.
5846, located south of White Lane, east of
Stine Road.
Grant Deed from Elmer F. Karpe, Inc., pro-
viding an additional lot for enlarging an
existing sump, as required by the Planning
Commission for Tract Nos. 4268 and 4269,
located north of Panama Lane, east of Akers
Road.
Water Pipeline Easement from Tenneco Realty
Development Corporation as required by the
Planning Commission for Parcel Map No. 5968,
located south of Schirra Court and east of
Ashe Road.
Road Easement from Tenneco Realty Develop-
ment Corporation for access to the drainage
sump located south of White Lane, east of
Ashe Road.
Sewer Line Easement from Tenneco Realty
Development Corporation as required by
the Planning Commission for Parcel Map No.
5714, located near Dunsmuir Road and
Business Park North.
Road Easement from Tenneco Realty Develop-
ment Corporation providing dedication for
a portion of Dunsmuir Road as required by
the Planning Commission for Parcel Map No.
5714, located north of Business Center
Drive, east of California Avenue.
Road Easement from Tenneco Realty Develop-
ment Corporation providing dedication for
a portion of Dunsmuir Road as required by
the Planning Commission for Parcel Map No.
5797, located east of Business Park North
between Mohawk Street and East Commercenter.
92
Bakersfield, California, December 10, 1980 - Page 15
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
Map of Tract No. 4241 and Improvement
Agreement with Pueblo De La Luna for
construction of improvements therein,
located on the south side of Pacheco Road,
approximately 600 feet west of Wible Road.
Map of Tract No. 4377 with Gar McIndoe,
et al, located south of Ming Avenue, east
and west of Manning Street.
Improvement Agreement for Parcel Map No.
6001 with Mercy Hospital, for construc-
tion of improvements therein, located on
the south side of 16th Street between "A"
and "E" Streets.
Notice of Completion and Acceptance of
Work on City Fire Station No. 9, Contract
No. 80-43 with Joel Mundorf, Inc. The
station is located on Westwold Drive,
approximately 200 feet east of Gosford
Road.
Notices of Completion and Acceptance of
Work for:
Parcel Map No. 5356, Contract No. 79-124
with James T. Rowland and Peggy J. Rowland,
located at Wible Road and Panama Lane.
Resurfacing South Real Road from Ming
Avenue to Oro Vista Avenue, Contract No.
80-155 with James G. Francis.
Resurfacing a portion of Stockdale Highway
west of McDonald Way, Contract No. 80-180
with Granite Construction Company.
Application for Encroachment Permit from
E. N. Oldham, 110 New Stine Road, Suite E,
for construction of a 6 foot high concrete
panel fence along the property line on
Wible Road north of Panama Lane adjacent to
Tract No. 4060.
Plans and Specifications for construction
of Kern River Canal Spreading Ground Turn-
out Structure.
Contract Change Order No. I to Contract
No. 80-136 with W. M. Lyles Company for
installation of a 12 inch Water Main
through the intersection of New Stine
Road and Stockdale Highway. This Change
Order is necessary for water main installa-
tion in addition to the contract quantity.
This work is recommended by the California
Water Service Company, and sufficient
funds are available in the Domestic Water
Budget. The Change Order increases the
contract amount by $1,752.04. Total
project cost is $13,407.
Bakersfield, California, December 10, 1980 - Page 16
Novation between original Subdivider, a
substituted Contractor and the City of
Bakersfield. This novation provides for
the substitution of Chester Jost for
American West-Lands Company and Lawton
Powers, Inc., as Subdivider/Contractor
for Contract No. 79-115, Improvement
Agreement for Parcel Map No. 5179,
located at the northwest corner of Wilson
Road and Real Road.
(x)
Amendment to Contract No. 80-150 with
Gage Babcock & Associates and County of
Kern for a Fire Station Location and
Service Study. This amendment corrects
an error in the original contract re-
garding indemnification and insurance.
(Y)
Joint Exercise of Powers Agreement between
the City of Bakersfield and Stockdale Golf
and Country Club, Inc., for construction of
a sewer main extension to serve the Stock-
dale Country Club and adjacent homes in the
unincorporated-portion of Kern County and
located on Tam-O-Shanter Drive and Meadow-
brook Lane.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v), (w), (x) and (y) of the Consent
Calendar, were adopted by the £ollowing roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
Huntmix, Inc., for Annual Contract No. 11381, Type "B" Asphalt,
was accepted, the other bid rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Miller, low bid of Baker's
Welding Supply Company for Annual Contract No. 15081, Welding
Supplies, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Strong, low bid of Three Way
Chevrolet for 3/4 Ton Cab & Chassis for the Public Works Department,
was accepted and the other bid rejected.
94
Bakersfield, California, December 10, 1980 - Page
Upon a motion by Councilman Strong, low bid of Broadbent
Corporation for Traffic Recorders for the Public Works Department,
was accepted and the other bid rejected.
DEFERRED BUSINESS
Denial of Application by Zip-In
Restaurant & Deli for a 56 foot high
freestanding sign at 2610 Pierce
Road.
All signs over 50 £eet in height require approval of the
City Council.
The proposed sign installation would utilize an existing'
sign support system. The ordinance permits an area of 240 square
feet in a C-2 Zone. The sign requested is approximately 740 square
feet. The prior sign at this location was 50 feet high with an
area of approximately 500 square feet. ~ere are other signs in
the area that exceed 50 feet in height.
Action on this item was held over from the Council Meeting
of November 5, 1980, in order to provide time for the applicant to
talk to his client prior to the Council making a decision.
At the request of Councilman Ratty it was determined
that the applicant was not present in the audience.
Councilman Ratty made a motion to deny the application
& Deli for a 56 foot high freestanding sign
of Zip-In Restaurant
at 2610 Pierce Road.
Councilman
Strong suggested that this item be deferred
until the staff can contact the applicant.
Director of Fire & Development Services Needham stated
the gentleman who appeared before the Council on November 5, 1980,
regarding this item has met with Building Director Bidwell and
concurs with Councilman Strong's statements at that meeting re-
garding removing the bottom third of the sign and not adding the
second sign.
Councilman Strong requested that Dr. Ratty's motion
include a proviso that the staff be directed to inform the
Bakersfield, California, December 10, 1980 - Page
applicant that the Council would look favorably to his request for
a sign which conforms to the discussion that took place at the
Council Meeting of November 5, 1980.
Councilman Ratty stated he would prefer that his motion
remain as he stated it and the applicant could make another applii-
cation for a sign that conforms to the discussion that took place
at the meeting of November 5, 1980.
Councilman Ratty's motion that the application of Zip-In
Restaurant & Deli for a 56 foot high freestanding sign at 2610
Pierce Road be denied, carried by the following roll call vote:
Ayes Councilmen Christensen, Ratty, Strong, Barton
Noes Councilmen Means, Miller, Payne
Absent: None
Councilman Christensen requested that the staff inform
the applicant that the Council will act favorably if he applies
for a sign according to the specifications that were worked out i~
detail with Building Director Bidwell as specified during the
Council Meeting of November 5, 1980.
Adoption of Ordinance No. 2582 New
Series of the Council of the City of
Bakersfield adding Sections 1.16.040
through 1.16.120 to Chapter 1.16 of
Title 1 of the Bakersfield Municipal
Code relative to definitions and
rules of construction applicable to
the Bakersfield Municipal Code.
Upon a motion by Councilman Payne, Ordinance No. 2582
New Series of the Council of the City of Bakersfield adding Sections
1.16.040 through 1.16.120 to Chapter 1.16 of Title I of the Bakers-
field Municipal Code relative to definitions
applicable to the Bakersfield Municipa~ Code,
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Means,
Strong, Barton
None
Miller,
None
and rules of construction
was adopted by the
Payne, Ratty,
Bakersfield, California, December 10, 1980 - Page 19
Adoption of Ordinance No. 2583 New
Series of the Council of the City of
Bakersfield amending Section 1.40.070
of the Bakersfield Municipal Code
relative to absence from meetings by
members of the Planning Commission.
Upon a motion by Councilman Payne, Ordinance No. 2583
New Series of the Council of the City of Bakersfield amending
Section 1.40.070 of the Bakersfield Municipal Code relative to
absence from meetings by members of the Planning Commission, was
adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2584 New
Series of the Council of the City of
Bakersfield repealing Section 1.45.020
of the Bakersfield Municipal Code
relative to employees of Tenneco West,
Inc.
Upon a motion by Councilman Barton, Ordinance No. 2584
New Series of the Council of the City of Bakersfield repealing
Section 1.45.020 of the Bakersfield Municipal Code relative to
employees of Tenneco West, Inc., was adopted by the following
roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2585 New
Series of the Council of the City of
Bakersfield amending Section 1.46.050
(c) of the Bakersfield Municipal Code
relative to Customer's Deposit Receipt
(Ashe Water Service Area).
Upon a motion by Councilman Strong, Ordinance No. 2585
New Series of the Council of the City of Bakersfield amending
Section 1.46.050 (c) of the Bakersfield Municipal Code relative
to Customer's Deposit Receipt (Ashe Water Service Area), was adopt~
Bakersfield, California, December 10, 1980 - Page 20
by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2586 New
Series of the Council of the City of
Bakersfield amending Section 1.84.020
of the Bakersfield Municipal Code
relative to Redevelopment Agency
Membership.
Upon a motion by Councilman Barton, Ordinance No. 2586
New Series of the Council of the City of Bakersfield amending
Section 1.84.020 of the Bakersfield Municipal Code relative to
Redevelopment Agency Membership, was adopted by the following roll
call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2587 New
Series of the Council of the City of
Bakersfield amending Section 1.90.060
of the Bakersfield Municipal Code
relative to penalties for violations
of chapter.
Upon a motion by Councilman Barton, Ordinance No. 2587
New Series of the Council of the City of Bakersfield amending
Section 1.90.060 of the Bakersfield Municipal Code relative to
penalties for violations of chapter, was adopted by the following
roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2588 New
Series of the Council of the City of
Bakersfield amending Sections 3.08.010
and 3.08.080 of the Bakersfield Muni-
cipal Code relative to the title,
administrative procedure ordinance,
and to presumptions from filing regu-
lations.
98
Bakersfield, California, December 10, 1980 - Page 21
Upon a motion by Councilman Christensen, Ordinance No.
2588 New Series of the Council of the City of Bakersfield amending
Sections 3.08.010 and 3.08.080 of the Bakersfield Municipal Code
relative to the title, administrative procedure ordinance, and to
presumptions from filing regulations, was adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Means,
Strong, Barton
Noes: None
Absent: None
Miller, Payne, Ratty,
Adoption of Ordinance No. 2589 New
Series of the Council of the City of
Bakersfield repealing Section 3.14.050
(62) of the Bakersfield Municipal Code
relative to and defining Overtime Work,
and amending Sections 3.14.120 (1) and
(4) relative to and defining Acting and
Probationary Appointments.
Upon a motion by Councilman Christensen, Ordinance No.
2589 New Series of the Council of the City of Bakersfield repeali~g
Section 3.14.050 (62) of the Bakersfield Municipal Code relative to
and defining Overtime Work, and amending Sections 3.14.120 (1) and[
(4) relative to and defining Acting and Probationary Appointments,
was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2590 New
Series of the Council of the City of
Bakersfield amending Section 3.14.151
of the Bakersfield Municipal Code
relative to General Residency Require-
ments.
Upon a motion by Councilman Barton, Ordinance No. 2590
New Series of the Council of the City of Bakersfield amending
Section 3.14.151 of the Bakersfield Municipal Code relative to
General Residency Requirements, was adopted by the following roll
Bakersfield, California, December 10, 1980 - Page 22
99
call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2591 New
Series of the Council of the City of
Bakersfield repealing Section 3.30.030
of the Bakersfield Municipal Code
relative to Special Officers in Police
Department.
Upon a motion by Councilman Christensen, Ordinance No.
2591 New Series of the Council of the City of Bakersfield repealing
Section 3.30.030 of the Bakersfield Municipal Code relative to Special
Officers in Police Department, was adopted by the following roll
call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2592 New
Series of the Council of the City of
Bakersfield amending Sectio~ 5.10.010
and 5.11.020 of the Bakersfield Muni-
cipal Code relative to Gas Tax Street
Improvement Fund and to an Insurance
Fund.
Upon a motion by Councilman Christensen, Ordinance No.
2592 New Series of the Council of the City o£ Bakersfield amending
Sections 5.10.010 and 5.11.020 of the Bakersfield Municipal Code
relative to Gas Tax Street Improvement Fund and to an Insurance
Fund, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2593 New
Series of the Council of the City of
Bakersfield amending Section 5.32.040
(a) of the Bakersfield Municipal Code
relative to Auditorium Manager.
'Of)
Bakersfield, California, December 10, 1980 - Page 23
Upon a motion by Councilman Christensen, Ordinance No.
2593 New Series of the Council of the City of Bakersfield amending
Section 5.32.040 (a) of the Bakersfield Municipal Code relative to
Auditorium Manager, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2594 New
Series of the Council of the City of
Bakersfield amending Section 5.36.010
and repealing Sections 5.36.020 and
5.36.030 of the Bakersfield Municipal
Code relative to Fee Schedule for
copies of Police Reports.
Upon a motion by Councilman Strong, Ordinance No. 2594
New Series of the Council of the City of Bakersfield amending
Section 5.36.010 and repealing Sections 5.36.020 and 5.36.030 of
the Bakersfield Municipal Code relative to Fee Schedule for copies
of Police Reports, was adopted by the following roll call vote:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Ayes
Noes
Absent:
None
None
Adoption of Ordinance No. 2595 New
Series of the Council of the City of
Bakersfield repealing Section 5.40.160
(b) and amending Section 5.40.210 (a)
of the Bakersfield Municipal Code
relative to Amplified Speech or Music
in Parks.
Upon a motion by Councilman Christensen, Ordinance No.
2595 New Series of the Council of the City of Bakersfield repealing
Section 5.40.160 (b) and amending Section 5.40.210 (a) of the
Bakersfield Municipal Code relative to Amplified Speech or Music
in Parks, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, December 10, 1980 - Page 24
10l
Adoption of Ordinance No. 2596 New
Series of the Council of the City of
Bakersfield amending Section 5.40.240
of the Bakersfield Municipal Code
relative to sales and solicitations
in City Parks.
Upon a motion by Councilman Strong, Ordinance No. 2596
New Series of the Council of the City of Bakersfield amending
Section 5.40.240 of the Bakersfield Municipal Code relative to
sales and solicitations in City Parks, was adopted by the following
roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2597 New
Series of the Council of the City of
Bakersfield repealing Sections 6.08.040
(b) (4), 6.08.050 (b) (3), and 6.08.061
of the Bakersfield Municipal Code
relative to Sales and Use Taxes and
6.40.050 relative to Real Property
Transfer Taxes.
Upon a motion by Councilman Strong, Ordinance No. 2597
New Series of the Council of the City of Bakersfield repealing
Sections 6.08.040 (b) (4), 6.08.050 (b) (3), and 6.08.061 of the
Bakersfield Municipal Code relative to Sales and Use Taxes and
6.40.050 relative to Real Property Transfer Taxes, was adopted by
the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2598 New
Series of the Council of the City of
Bakersfield amending Title 7 of the
Bakersfield Municipal Code relative
to Business Regulations and Permits
by repealing Sections 7.02.020 and
7.02.030 (Posting Handbills),
7.08.020 (d) (3) (Sound Equipment),
7.18.200 (Junk Dealers), 7.28.040 (a)
and (b) and 7.28.050 (a) (Adult
Bookstores), 7.40.170 (Admission Fees
at Public Dances), and Chapter 7.60
(Trampoline Centers), and by amending
Sections 7.16.020 (Messenger Service),
7.48.010 and 7.48.020 (4) (Hotels and
Lodging Houses), 7.52.010 (b) and
7.52.130 (d) (Taxicabs), 7.56.010
(Transient Photographers' Bonds),
7.64.030 (c) (1) (Police and Fire
Alarm Systems), and 7.90.010 (Outdoor
Festivals).
Bakersfield, California, December 10, 1980 - Page 25
Upon a motion by Councilman Christensen, Ordinance No.
2598 New Series of the Council of the City of Bakersfield amending
Title 7 of the Bakersfield Municipal Code relative to Business
Regulations and Permits by repealing Sections 7.02.020 and 7.02.030
(Posting Handbills), 7.08.020 (d) (3) (Sound Equipment), 7.18.200
(Junk Dealers), 7.28.040 (a) and (b) and 7.28.050 (a) (Adult
Bookstores), 7.40.170 (Admission Fees at Public Dances), and
Chapter 7.60 (Trampoline Centers), and by amending Sections
7.16.020 (Messenger Service), 7.48.010 and 7.48.020 (4 (Hotels
and Lodging Houses), 7.52.010 (b) and 7.52.130 (d) (Taxicabs,
7.56.010 (Transient Photographers' Bonds), 7.64.030 (c) (1) (Police
and Fire Alarm Systems), and 7.90.010 (Outdoor Festivals), was
adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2599 New
Series of the Council of the City of
Bakersfield repealing Chapter 8.16
of the Bakersfield Municipal Code
relative to Endurance Contests.
Upon a motion by Councilman Miller, Ordinance No. 2599
Contests, was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2600 New
Series of the Council of the City of
Bakersfield repealing Chapter 8.28
of the Municipal Code of the City of
Bakersfield relative to Food or Drink
Permits.
Upon a motion by Councilman Ratty, Ordinance No. 2600
New Series of the Council of the City of Bakersfield repealing
Chapter 8.16 of the Bakersfield Municipal Code relative to Endurance
New Series of the Council of the City of Bakersfield repealing
Bakersfield, California, December 10, 1980 - Page 26
103
Chapter
relative to Food or Drink Permits,
roll call vote:
Ayes:
was adopted by the
8.28 of the Municipal Code of the City of Bakersfield
following
Councilmen Christensen, Means, Miller, Payne,
Strong, Barton
Adoption of Ordinance No. 2601 New
Series of the Council of the City of
Bakersfield amending Section 8.48.130
(d) and 8.48.160 (a) and adding
Sections 8.48.130 (e) and 8.48.130
(f) to the Bakersfield Municipal
Code relative to Refuse Collection
Points.
Ratty,
New Series of the Council of the City of Bakersfield amending
Section 8.48.130 (d) and 8.48.160 (a) and adding Sections 8.48.130
(e) and 8.48.130 (f) to the Bakersfield Municipal Code relative to
Refuse Collection Points, with the addition of the wording "or
with a pad acceptable to the Director of Public Work~'to Section
3.48.130 (f), was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2602 New
Series of the Council of the City of
Bakersfield repealing Chapter 8.68
of the Bakersfield Municipal Code
relative to Grease Traps.
Upon a motion by Councilman Christensen, Ordinance No.
2602 New Series of the Council of the City of Bakersfield repealing
Chapter 8.68 of the Bakersfield Municipal Code relative to Grease
Traps, was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Mil~er, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Noes: None
Absent: None
Upon a motion by Councilman Strong, Ordinance No. 2601
104
Bakersfield, California, December 10, 1980 - Page 27
Adoption of Ordinance No. 2603 New
Series of the Council of the City of
Bakersfield amending Chapter 8.84 of
the Bakersfield Municipal Code de-
claring trees or shrubs growing in
the City of Bakersfield which are
infested or infected with destructive
parasites or insect pests to be a
Public Nuisance, and providing for
the abatement of such nuisance by
spraying, trimming or otherwise
treating such trees or shrubs.
Upon a motion by Councilman Ratty, Ordinance No. 2603
New Series of the Council of the City of Bakersfield amending
Chapter 8.84 of the Bakersfield Municipal Code declaring trees or
shrubs growing in the City of Bakersfield which are infested or
infected with destructive parasites or insect pests to be a Public
Nuisance, and providing for the abatement of such nuisance by
spraying, trimming or otherwise treating such trees or shrubs, was
adopted by the following roll call vote:
Ayes
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes None
Absent: None
Adoption of Ordinance No. 2604 New
Series of the Council of the City of
Bakersfield repealing Sections 8.90.010,
8.90.020 and 8.90.050 of the Bakers-
field Municipal Code relative to Smoke
Abatement.
Upon a motion by Councilman Means, Ordinance No. 2604
New Series of the Council of the City of Bakersfield repealing
Sections 8.90.010, 8.90.020 and 8.90.050 of the Bakersfield Muni-
cipal Code relative to Smoke Abatement, was adopted by the following
roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2605 New
Series of the Council of the City of
Bakersfield repealing Section 9.04.070
of the Bakersfield Municipal Code
relative to Pigeons and Doves
(Inspections).
Bakersfield, California, December 10, 1980 - Page 28
10.5
Upon a motion by Councilman Strong, Ordinance No. 2605
New Series of the Council of the City of Bakersfield repealing
Section 9.04.070 of the Bakersfield Municipal Code relative to
Pigeons and Doves (Inspections), was adopted by the following rol~
call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2606 New
Series of the Council of the City of
Bakersfield amending Title 10 o£ the
Bakersfield Municipal Code relative
to Crime by repealing Chapter 10.02
(Citations for Violations) and
Sections 10.07.020, 10.07.030,
10.07.040, 10.07.080 and 10.07.110
(General Misdemeanors), Sections
10.08.020 (a), 10.08.020 (b),
10.08.020 (c), 10.08.020 (d),
10.08.020 (e), 10.08.020 (f),
10.08.020 (g), 10.08.020 (i),
10.08.020 (j), and 10.08.020 (k)
(Disorderly Conduct), Section 10.17.010
and 10.17.020 (Dangerous Weapons in
Public Buildings), Chapter 10.28
(Injuring Public Property), Chapter
10.38 (Public Speaking), and by
amending Section 10.17.030 (Dangerous
Weapons in Public Buildings).
Upon a motion by Councilman Strong, Ordinance No. 2606
New Series of the Council of the City of Bakersfield amending
Title 10 of the Bakersfield Municipal Code relative to Crime by
repealing Chapter 10.02 (Citations for Violations) and Sections
10.07.020, 10.07.030, 10.07.040, 10.07.080 and 10.07.110 (General
Misdemeanors), Sections 10.08.020 (a), 10.08.020 (b), 10.08.020 (c),
10.08.020 (d), 10.08.020 (e), 10.08.020 (f), 10.08.020 (g), 10.08.020
(i), 10.08.020 (j) and 10.08.020 (k) (Disorderly Conduct), Section
10.17.010 and 10.17.020 (Dangerous Weapons in Public Buildings),
Chapter 10.28 (Injuring Public Property), Chapter 10.38 (Public
Speaking), and by amending Section 10.17.030 (Dangerous Weapons
in Public Buildings), was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, 'Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, December 10, 1980 - Page 29
Adoption of Ordinance No. 2607 New
Series of the Council of the City of
Bakersfield repealing specified
sections of Title ll of the Bakers-
field Municipal Code relative to the
City Traffic Code, amending specified
sections of said Traffic Code, and
amending Section 11.12.050 (d)
relative to Parking Time Limits and
Sections 11.16.030 and 11.16.090
relative to Parade Permits.
Upon a motion by Councilman Barton, Ordinance No. 2607
New Series of the Council of the City of Bakersfield repealing
specified sections of Title ll of the Bakersfield Municipal Code
relative to the City Traffic Code, amending specified sections of
said Traffic Code, and amending Section 11.12.050 (d) relative to
Parking Time Limits and Sections 11.16.030 and 11.16.090 relative
to Parade Permits, was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Barton
Noes: None
Absent: None
Abstaining: Councilman Strong
Adoption of Ordinance No. 2608 New
Series of the Council of the City of
Bakersfield amending Section 12.27.040
of the Bakersfield Municipal Code
relative to Council findings Re Under-
ground Utility District and repealing
Section 12.36.050 of the Bakersfield
Municipal Code relative to permits
required for planting, removing,
trimming, etc., trees and shrubs.
Upon a motion by Councilman Strong, Ordinance No. 2608
New Series of the Council of the City of Bakersfield amending
Section 12.27.040 of the Bakersfield Municipal Code relative to
Council findings Re Underground Utility District and repealing
Section 12.36.050 of the Bakersfield Municipal Code relative to
permits required for planting, removing, trimming, etc., trees and
shrubs, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, December 10, 1980 - Page 30
107
Adoption of Ordinance No. 2609 New
Series of the Council of the City of
Bakersfield amending Title 13 of the
Bakersfield Municipal Code relative
to Buildings and Construction by
repealing Section 13.52.050 (Enclosure
of Pools), and by amending Sections
13.16.020 (Uniform Building Code),
13.28.020 (a) (Standards for Moved
Buildings), 13.30.020 (Uniform
Mechanical Code), 13.40.020 (Uniform
Sign Code), 13.64.020 (Uniform
Housing Code) and 13.66.020 (Uniform
Code for Abatement of Dangerous
Buildings).
Upon a motion by Councilman Ratty, Ordinance No. 2609
New Series of the Council of the City of Bakersfield amending
Title 13 of the Bakersfield Municipal Code relative to Buildings
and Construction by repealing Section 13.52.050 (Enclosure of
Pools), and by amending Sections 13.16.020 (Uniform Building Code),,
13.28.020 (a) (Standards for Moved Buildings), 13.30.020 (Uniform
Mechanical Code), 13.40.020 (Uniform Sign Code), 13.64.020 (Uniform
Housing Code) and 13.66.020 (Uniform Code for Abatement of Dangerous
Buildings), was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Barton
Noes: None
Absent: None
Abstaining: Councilman Strong
Adoption of Ordinance No. 2610 New
Series of the Council of the City of
Bakersfield amending Chapter 14.01
of the Bakersfield Municipal Code
relative to the Uniform Fire Code.
Upon a motion by Councilman Payne, Ordinance No. 2610
New Series of the Council of the City of Bakersfield amending
Chapter 14.01 of the Bakersfield Municipal Code relative to the
Uniform Fire Code, was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, December 10, 1980 - Page 31
Adoption of Ordinance No. 2611 New
Series of the Council of the City of
Bakersfield amending Title 16 of the
Bakersfield Municipal Code (Sub-
division Regulations) by amending
Section 16.12.010 (d) (Tentative
and Final Maps Required) and Section
16.52.112 (e) (Format Content of
Final Map).
Upon a motion by Councilman Barton, Ordinance No. 2611
New Series of the Council of the City of Bakersfield amending
Title 16 of the Bakersfield Municipal Code (Subdivision Regulations)
by amending Section 16.12.010 (d) (Tentative and Final Maps
Required) and Section 16.52.112 (e) (Format Content of Final Map),
was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2612 New
Series of the Council of the City of
Bakersfield amending Section 17.69.070
of the Bakersfield Municipal Code
relative to structural standards for
Fall-Out Shelters.
Upon a motion by Councilman Strong, Ordinance No. 2612
New Series of the Council of the City of Bakersfield amending
Section 17.69.070 of the Bakersfield Municipal Code relative to
structural standards for Fall-Out Shelters, was adopted by the
following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2613 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of Bakers-
field located on the south side of
State Highway 178, east of Fairfax
Road; and making findings in connec-
tion with a P.U.D. Zone.
Bakersfield, California, December 10, 1980 - Page 32
10'9
Ayes: Councilmen
Noes: None
Absent: None
The application for this amendment was made by Michael
Callagy 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 Miller, Negative Declaration
and Ordinance No. 2613 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Munici-
pal Code changing the Land Use Zoning of that certain property in
the City of Bakersfield located on the south side of State Highway
178, east of Fairfax 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:
Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the northeast
corner of Gosford Road and White Lane.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to a R-2-D (Limited Multiple
Family Dwelling - Architectural Design) and C-2-D (Commercial -
Architectural Design), or more restrictive Zones.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield located on the northeast corner of Gosford
Road and White Lane.
110
Bakersfield, California, December 10, 1980 - Page 33
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property located on the northeast
corner of Oswell Street and Bernard
Street, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by Philip M.
Girard for Guarantee Savings and Loan Association and would change
subject property from a P.C.D. (Planned Commercial Development)
Zone to a Revised P.C.D. (Planned Commercial Development) Zone.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of that
certain property located on the northeast corner of Oswell Street
and Bernard Street, approving the Preliminary Development Plan and.
making findings in connection with a P.C.D. Zone.
Reception of Certificate of Election
from Kern County Clerk of Results of
the General Municipal Election for
the Office of Mayor of the City of
Bakersfield, Cali£ornia, held on the
4th day of November, 1980.
The results of the election were as follows:
Total number of Registered Voters: 50,368
Total number of Votes Cast:
44,129
Total number of Votes Cast for
each Candidate:
Charles H. Dodge 14,473
Mary K. Shell 22,997
Upon a motion by Councilman Christensen, Certificate of
Election from Kern County Clerk of Results of the General Municipal
Election for the Office of Mayor of the City of Bakersfield,
California, held on the 4th day of Novembe~ 1980, was received
and ordered placed on file.
Bakersfield, California, December 10, 1980 - Page 34
11l
Adoption of Resolution No. 76-80 of
the Council of the City of Bakers-
field declaring the results of
Canvass of Returns in the General
Municipal Election for the Office
of Mayor held on the 4th day of
November, 1980.
This resolution accepts the Canvass of Election Returns
of the General Municipal Election as certified by the County Clerk.
It declares that Mary K. Shell was elected to the Office of Mayor
of the City of Bakersfield for the full term of four years.
Upon a motion by Councilman Christensen, Resolution No.
76-80 of the Council of the City of Bakersfield declaring the
results of Canvass of Returns in the General Municipal Election
for the Office of Mayor held on the 4th day of November, 1980, was
adopted by the following roll call vote:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Ayes:
Noes: None
Absent: None
Approval of Amendment to Agreement
No. 80-84 with William L. Main, Inc.,
dba Security Transport, regarding
Air Transport Services for prisoners.
The original agreement with Security Transport did not
address responsibility for arranging for medical care of prisoners
in need of immediate medical care. This amendment is consistent
with the consideration of potential liability as addressed in
California Government Code Section 845.6.
Upon a motion by Councilman Payne, Amendment to Agreement
No. 80-84 with William L. Main, Inc., dba Security Transport,
regarding Air Transport Services for prisoners, was approved and
the Mayor was authorized to execute same.
Bakersfield, California, December 10, 1980 - Page 35
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:10 P.M.
ATTEST:
CITY an x Officio Clerk of the Council
of the City of BakerSfield, California
ma
Bakersfield, California, December 17, 1980
113
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., December 17, 1980.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and a minute of silent prayel..
The City Clerk called the roll as follows:
Mayor Hart (seated at 8:15 P.M.). Councilmen Means,
Present:
Miller, Payne,
Absent: None
Ratty, Strong, Barton, Christensen
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Julie Nieto, Julie's Coiffures, 403 South Chester Avenue, dated
December 5, 1980, expressing support of the Downtown Shopping
Mall, was received and ordered placed on file.
Upon a motion by Councilman Miller, communication from
Jill Haddad, 2501 Crest Drive, dated December 15, 1980, submitting
her resignation from the Planning Commission, was received, Mrs.
Haddad's resignation was accepted and the Mayor was requested to
send a letter of appreciation for her years of service to the City
of Bakersfield.
COUNCIL STATEMENTS
Councilman Ratty, in reference to a memorandum from
Director of Fire & Development Services Needham regarding Council
Review of Municipal Energy Services (MES) and the Municipal Energy
Department (MED) Organizational and Implementation Plan, dated
December 12, 1980, read the following prepared statement:
In a few moments I will ask, once again,
this Council to reject the ill-conceived
solar strategy contained in the documents
dated September 19, 1980.
Since the September 24th Council Meeting, when
I voted for the defeat of these measures, I
have continued to voice my concern.
I am compelled, once again, to point out that
this blueprint calls for government structures
controlling solar development and service in
114
Bakersfield, California, December 17, 1980 - Page 2
this City. Task sections of these documents
call for the C.E.T.A. Office to supply a work
force to this City. The new C.E.T.A. govern-
ment employees would manufacture solar hot
water heaters in a 10,000 square foot manu-
facturing plant. 20,000 square feet would be
provided for warehousing. Additional govern-
ment bureaucracy would sell solar equipment,
develop projects, study and implement plans.
C.E.T.A. employees would be trained to come to
your home to repair the equipment they built,
and this is just the tip o£ the iceberg.
Further there is, at best, only luke warm
support for this strategy from the private
sector.
In short, this entire concept is designed to
create a vast City government bureaucracy. I
am proud of this City's development, our pro-
gress and the dedication of our qualified
employees, but I do oppose this concept of
government programs run by government employees
to gain government control of the private sector.
The basic structure of these plans cannot be
altered. No amount of additional information,
public hearings or time can ever make this
attack on our American Free Enterprise System
acceptable to me.
I reject these proposed structures and the
philospohies behind them, while at the same
time I strongly endorse cost-effective solar
development and energy conservation in our
economy.
Mr. Mayor, I move to reject the entire strategies
for MES and MED as set forth in the documents
of September 19, 1980 and terminate the Joint
Powers Agreement with the California Solar
Utility Development Authority.
Councilman Payne, speaking in support of Councilman
Ratty's motion, stated the Cali£ornia Solar Utility Development
Authority's recommendations are twofold. First they recommend the
formation of a Municipal Energy Department (MED). This would be
nothing more than another governmental entity that would duplicate
services now being performed by both the Community Development
Program and the Agricultural Water Division. At this time the
program would merely add another layer of bureaucracy to the
government we already have and it is ill-conceived and inappropriate.
The second phase, Municipal Energy Services (MES), is "designed to
attack consumer resistance to solar technology." Obviously, we
Bakersfield, California, December 17, 1980 - Page 3
115
are all aware of the benefits of solar technology and support any
program that is beneficial. MES, at this particular time, is not
cost-effective or beneficial. It is proposed as a possible non-
governmental entity, but it is indicated in the proposal that it
could go either way. Approval of these programs would authorize
local government to further intervene into our private lives.
While doing so, both the economic and technical risks would be the
taxpayers burden. MES would play a major role in both the develop-
ment and commercialization of alternate and solar energy sources.
City government should not involve itself in issues that are
currently being adequately taken care of by private enterprise.
MED would be a self-contained agency with a Board of Directors,
provide a manufacturing function, provide systems for distribution
to the local installers and, again, this should be a private
enterprise function. Someday these programs may be needed, but
action supporting implementation now is ill-conceived, inappropriate
and an unnecessary burden to the taxpayers. Although the Council
is not in possession of the final documents, at this time, it is
my understanding that the basic scheme and intent of the final
document will be the same as the rough draft. Energy, next to the
economy, is probably the greatest concern of the people of this
nation. I am totally in favor of any program that will allow this
country to seek alternative energy sources and conserve energy use,
only if the programs are both cost-effective and voluntary. I
totally oppose any mandated programs. I do not see the need for
government to force more control, for our own good, down our throats.
These programs are neither cost-effective nor voluntary, nor is it
being administered by the private sector.
Councilman Means stated this item was not on tonight's
agenda, no one's support is being requested tonight. This came
before the Council previously and they had a number of concerns
and those concerns are being addressed by the staff. Staff may
Bakersfield, California, December 17, 1980 - Page 4
find the proposals are not cost-effective. The report may recom-
mend that the items not be approved. It was not scheduled to be
brought up until January, when the final report is finished. It
is inappropriate, since the final report has not been seen, to
make a decision at this time.
Councilman Strong stated he does not have any feelings
on this matter one way or the other, but felt it is premature to
vote on it tonight, because he would like an opportunity to look at
and consider the final document as an agenda item.
Councilman Christensen stated he would also like to take
a second look at this document before a decision is made.
After discussion, Councilman Ratty's motion to reject
the entire Strategies for Municipal Energy Service and Municipal
Energy Department, as set forth in the documents of September 19,
1980, and the Joint Powers Agreement with the California Solar
Utility Development Authority be terminated, was approved by the
following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Barton
Noes: Councilmen Means, Strong, Christensen
Absent: None
Councilman Christensen commented on an article that
appeared in the Bakersfield Californian entitled "Eleven Filed for
Council Race."
Councilman Strong stated it has been called to the
Council's attention that City Manager Bergen's termination is
effective December 27, 1980 and the next Council Meeting is January
5, 1981, which would leave the City without a City Manager for
several days.
Upon a motion by Councilman Strong, Assistant City
Manager-Finance Philip Kelmar was appointed Acting City Manager
effective December 28, 1980, by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Noes: None
Absent: None
Christensen
Bakersfield, California, December 17, 1980 - Page 5
117
Councilman Strong stated he intends to make a motion at
the meeting of January 5, 1981, to reappoint William H. McCullough
to the Police Department Civil Service Board.
Councilman Miller requested comments from the City
Manager regarding two letters that were included in the Council
packets addressed to Mr. Thomas Schreiber.
City Manager Bergen stated he could not begin to repeat
all the discussion on the telephone with the City's consultants.
The memorandum that was attached with the two letters is fairly
self-explanatory. The consultants are preparing an analysis and
Mr. Needham is gathering all of the letters and plat, which will
be furnished to Councilmen and Redevelopment Agency members as soon
as available. This information will be available well before any
hearing is held by the City Council after results of the UDAG
application are known.
REPORTS
Councilman Payne, member of the Governmental Efficiency
and Personnel Committee, read Report No. 11-80 regarding Manage-
ment and Confidential Unit Salary Study, as follows:
During the 1980-81 budget deliberations the
City Manager presented information to the
Council regarding his recommendations for
salary adjustments for Management employees.
According to this information there were
certain positions that trail comparable cities
throughout the State and the County of Kern by
15% to 35%. At that time the Council decided
not to make any inequity adjustments, however,
they did recommend that an outside independent
Management and Confidential Unit Salary Study
be conducted during the 1980-81 fiscal year.
Based on the Council's action on this matter,
the Governmental Efficiency and Personnel
Committee has interviewed representatives of
Ralph Anderson and Associates and William
Hamilton and Associates. Both of these firms
have submitted written proposals, which we
feel cover the Council's concerns in setting
salary levels. After careful consideration
of both firms, the Governmental Efficiency and
Personnel Committee is recommending that the
Council enter into an agreement with Ralph
Anderson and Associates for the following:
118
Bakersfield, Cali£ornia, December 17, 1980 - Page 6
A review and analysis of the City's
existing salary practices for Management
and Confidential Unit employees including
a review of:
a) Current salary range assignments
b) Job duties and responsibilities
c) Internal compensation relationships
A comprehensive analysis of both the base
salary and range benefit survey data, and
the recommended assignment of each classi-
fication to an appropriate salary range
based on such factors as:
a) Labor market information
b) Internal relationships
c) Level and difficulty of work assigned
A comprehensive review of current Management
compensation practices leading to the
development of a performance based compen-
sation system. This will provide an incentive
for individual achievement and improve the
City's ability to recognize outstanding
employee performance.
The total cost for this survey is $14,700 plus
reimbursement for out-of-pocket expenses such
as travel, printing, and telephone costs.
Monies have been set aside in the budget for
this purpose.
In order to effectuate this study, we recommend
Council approval of this report, authorize the
Mayor to enter into an agreement with Ralph
Anderson and Associates for this study, and
approval of the attached revised job specifi-
cations which have been updated to clearly
indicate the duties and responsibilities of
some of the Management classifications which
will be studied.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 11-80 regarding Management and
Confidential Unit Salary Study, was accepted; Agreement with Ralph
Anderson and Associates for the Study of the Management and Con-
fidential Unit, was approved and the Mayor was authorized to
execute same; revised job specifications which have been updated
to clearly indicate the duties and responsibilities of some
Management classifications that will be studied, were approved;
and payment of amount specified is to be a separate Agenda Item.
Councilman Means voted in the negative on this motion.
Bakersfield, California, December 17, 1980 - Page 7
119
Director of Fire & Development Services Needham reported
on a Resolution of Intent to Issue Housing Bonds, as follows
BACKGROUND
On August 27, 1980 Budget Review and Finance
Committee report Number 12-80 regarding home
mortgage revenue bonds was approved by the
City Council. It authorized staff to contract
with a nationally recognized firm to conduct
a housing feasibility study to determine: l)
market conditions; 2) capacity of local financial
institutions for mortgage originations; and 3)
the size of bond issue which the first two
items could support. The consultants' findings,
contained in a November 7, 1980 report distributed
to Council, were that sufficient market demand
and absorption exist in Bakersfield to support
a $5,000,000 home mortgage revenue bond issue.
DISCUSSION
In the process of finalizing the report, staff
also was obtaining information relating to the
actual issuance of housing bonds. One item
directly affecting these bonds is the status
of Federal legislation relating to sales price
and other limitations. On April 25, 1979, HR
5741 (Ullman) was introduced with such limitations
with a provision that jurisdictions which had
passed a resolution of intent to sell bonds
prior to that date had certain exemptions.
However, HR 5741 did not pass and Representative
Ullman was defeated in November.
Despite that defeat, it is anticipated that
similar legislation will be introduced in the
new Congressional session. It is the opinion
of staff, based on information from bond counsel,
that if the City Council approved the resolution
included in this week's packet prior to December
31, 1980 that the City may be eligible for
certain exemptions if it decides to issue
housing bonds in the future. The resolution
does not require the City to issue such bonds,
but would place it in a more favorable position
regarding any Federal legislation introduced in
the next session of Congress.
CONCLUSION
Based on trends in the housing market, new home
construction is slowing and mortgage funds be-
coming more scarce. Since a mechanism exists
for the City of Bakersfield to ease this con-
dition somewhat locally through the home mortgage
revenue bond process, it is recommended that the
City Council approve a resolution of intent to
issue such bonds.
Upon a motion by Councilman Strong, report from the
Director of Fire & Development Services regarding Resolution of
120
Bakersfield, California, December 17, 1980 - Page 8
Intent to Issue Housing Bonds, was accepted.
Adoption of Resolution No. 77-80 of
the City Council of the City of
Bakersfield providing for the issuance
of Bonds to finance the acquisition,
construction or rehabilitation of
Housing in the City.
Upon a motion by Councilman Strong, Resolution No. 77-80
of the City Council of the City of Bakersfield providing for the
issuance of Bonds to finance the acquisition, construction or
rehabilitation of Housing in the City, was adopted by the following
roll call vote:
Ayes:
Councilmen Means, Miller, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Payne
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3620 to 4025,
inclusive, in the amount of $411,688.09.
(b)
Claim for Damages from Phyllis K.
Roberson, 3883 Union Avenue, Apt. 8,
Bakersfield. (Refer to City Attorney)
(¢)
Claim for Damages and Personal Injuries
from Daisy Norwood, 2006 Lotus Lane,
Bakersfield. (Refer to City Attorney)
(d)
Claim for Damages and Personal Injuries
from Darlene Lynn Norwood, 2006 Lotus
Lane, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages and Personal Injuries
from Douglas Norwood, 2006 Lotus Lane,
Bakersfield. (Refer to City Attorney)
(f)
Claim for Damages and Personal Injuries
from Franklin Don Norwood, 2006 Lotus
Lane, Bakersfield. (Refer to City
Attorney)
(g)
Claim for Damages and Personal Injuries
from Phyllis Norwood, 2006 Lotus Lane,
Bakersfield. (Refer to City Attorney)
(h)
Claim for Damages and Personal Injuries
from Robert Norwood, 2006 Lotus Lane,
Bakersfield. (Refer to City Attorney)
Bakersfield, California, December 17, 1980 - Page 9
12l
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(P)
(q)
(r)
Claim for Damages and Personal Injuries
from Ronnie Norwood, 2006 Lotus Lane,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Sam Norwood, 2006 Lotus Lane,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Yolanda Norwood, 2006 Lotus Lane,
Bakersfield. (Refer to City Attorney)
Claim for Damages from Cheatam C. Thomas,
911 Hacienda Drive, Bakersfield. (Refer
to City Attorney)
Grant Deed and Sump Access Easement from
H-Bar Development Company, Inc., for a
Stormwater Retention Basin, located 1,000
feet north of Panama Lane and 1,300 feet
east of South "H" Street.
Street Right-of-Way Deed from Jamieson-
Hill, a General Partnership, for a portion
of Pacheco Road west of Union Avenue and
for extension of Lois Lane to Union Avenue.
Sewer Line Easement from Jamieson-Hill, a
General Partnership, for development at
the southwest corner of Pacheco Road and
Union Avenue.
Improvement Agreement for Parcel Map No.
5700 with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located east of Gosford
Road between Stockdale Highway and West-
field Road.
Plans and Specifications for construction
of a Sanitary Sewer for the South Wing
Addition to the Bakersfield City Hall.
Notice of Completion and Acceptance of
Work on installation of a 12 inch diameter
pipeline at the intersection of New Stine
Road and Stockdale Highway, Contract No.
80-136 with W. M. Lyles Company.
(s) Notices of Completion and Acceptance of
Work for:
Parcel Map No. 5055, Contract No. 80-06
with Regional Mortgage Company, located
at the northwest corner of South Chester
Avenue and Planz Road.
Civic Auditorium Service Door, Contract
No. 80-145 with Charles H. Miller.
Castle Park Security Lighting, Contract
No. 80-118 with Del Mar Electric. Con-
tract completion date for this project
was October 8, 1980. The Public Works
Department recommends a 56 day extension
of time due to delays in delivery of
light poles.
.'122
Bakersfield, California, December 17, 1980 - Page l0
(t)
Supplemental Agreement to Master Agreement
for Federal Aid Program No. 06-5109, for
FAU Project M-F 245(1) on Planz Road,
between South "H" Street and South Chester
Avenue.
(u) Deleted to be considered separately.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
Noes:
Absent:
(q), (r),
following roll call vote:
Ayes: Councilmen Means, Miller,
Christensen
None
None
(u)
(s) and (t) of the Consent Calendar, were adopted by the
Payne, Ratty, Strong, Barton,
Motor Vehicle Lease between the City of
Bakersfield and Bakersfield Firemen's
Association permitting the use and main-
tenance of a 1927 American LaFrance
Antique Fire Engine with liability and
property insurance being provided by
the lessee.
Upon a motion by Councilman Barton, Motor Vehicle Lease
between the City of Bakersfield and Bakersfield Firemen's Associa-
tion permitting the use and maintenance of a 1927 American LaFrance
Antique Fire Engine with liability and property insurance being
provided by the lessee, was received and referred to the Budget
Review and Finance Committee for study and recommendation.
ACTION ON BIDS
Upon a motion by Councilman Means, low bid of San Joaquin
Construction for reconstruction of the Palm Street Sewer between
Myrtle Street and Pine Streets, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of GCA Drilling
for installation of a 12 inch pipeline across Farmer's Canal and a
6 inch meter for Tract No. 3827 Unit "A", was accepted, the other
bid rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, all bids for construc-
tion of the Alum Avenue Storm Drain were rejected and the staff was
authorized to re-evaluate the project and readvertise for bids.
Bakersfield, California, December 17, 1980 - Page ll
DEFERRED BUSINESS
Adoption of Ordinance No. 2614 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the northeast corner of Gosford
Road and White Lane.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited MultiDle
Family Dwelling - Architectural Design) and a C-2-D (Commercial
Architectural Design) Zones.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2614 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
located on the northeast corner of Gosford Road and White Lane,
finding said zonings consistent with the General Plan, were adopted
by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
Adoption of Ordinance No. 2615 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property located on the north-
east corner of Oswell Street and
Bernard Street; approving the Pre-
liminary Development Plan and making
findings in connection with P.C.D.
Zone.
The application for this amendment was made by Philip M.
Girard for Guarantee Savings and Loan Association and would change
subject property from a P.C.D. (Planned Commercial Development)
Zone to a Revised P.C.D. (Planned Commercial Development) Zone.
Upon a motion by Councilman Miller, Negative Declaration
and Ordinance No. 2615 New Series of the Council of the City of
124
Bakersfield, California, December 17, 1980 - Page
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property located
on the northeast corner of Oswell Street and Bernard Street,
approving the Preliminary Development Plan and making findings in
connection with P.C.D. Zone, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 78-80 of
the Council of the City of Bakers-
field agreeing, upon execution of a
mutually acceptable contract, to
accept a Federal Grant for planning
efficient utilization of twenty-eight
hundred acre recharge site.
This resolution constitutes agreement in principle to
accept proposed Federal Grant to plan the efficient use of the
City's 2800 acre ground water recharge site; actual acceptance
conditioned upon negotiation of mutually acceptable contract.
Upon a motion by Councilman Barton, Resolution No. 78-8G,
of the Council of the City of Bakersfield agreeing, upon execution
of a mutually acceptable contract, to accept a Federal Grant for
planning efficient utilization of twenty-eight hundred acre recharge
site, was adopted by the following roll call vote:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Ayes:
Noes:
Absent:
None
None
Adoption of Resolution No. 79-80 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. 248, LAFCO Pro-
ceeding No. 657 (Municipal Farm No.
3 - Bear Mountain Recreation and Park
District Detachment "A").
Bakers£ield, California, December 17, 1980 - Page 13
125
The Bear Mountain Recreation and Park District Detachme~t
relating to Annexation No. 248 cannot be finalized until there is a
negotiated exchange of Property Tax Revenues between the County a~d
City. The County has agreed, by resolution, to the exchange of
Property Tax Revenues and the detachment will be completed upon the
City's acceptance of the exhcange as provided in this resolution.
Upon a motion by Councilman Ratty, Resolution No. 79-80
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. 248, LAFCO Proceeding No. 657 (Munici-
pal Farm No. 3 - Bear Mountain Recreation and Park District
Detachment "A"), was adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Means
Adoption of Resolution No. 80-80 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. 250
(Kern River No. 6 - North Bakers-
field Recreation and Park District
Detachment "C").
The North Bakersfield Recreation and Park District
Detachment relating to Annexation No. 250 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 detachment will
be completed upon the City's acceptance of the exchange as provided
in this resolution.
Upon a motion by Councilman Christensen, Resolution No.
80-80 of the Council of the City of Bakersfield providing for the
adjustment of Property Tax Revenues upon Local Agency jurisdictional
change resulting from Annexation No. 250, LAFCO Proceeding No. 678
Bakersfield, California, December 17, 1980 - Page 14
(Kern River No. 6 - North Bakersfield Recreation and Park District:
Detachment "C"), was adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Means
Adoption of Resolution No. 81-80 of
the Council of the City of Bakers-
field certifying that it has reviewed
and considered the information con-
tained in the Environmental Impact
Report for the West Bakersfield Sewer
Study, prepared for Kern County
Council of Governments as Lead Agency,
prior to approving interim facility
improvements at Wastewater Treatment
Plant No. 3 and main intersector
thereto, and adopting said Study and
EIR.
This resolution accepts and adopts Kern COG's West
Bakersfield Sewer Study and EIR and certifies that information
contained in the EIR has been considered prior to approving
specified projects.
Upon a motion by Councilman Payne, Resolution No. 81-80
of the Council of the City of Bakersfield certifying that it has
reviewed and considered the information contained in the Environ-
mental Impact Report for the West Bakersfield Sewer Study, prepared
for Kern County Council of Governments as Lead Agency, prior to
approving interim facility improvements at Wastewater Treatment
Plant No. 3 and main interceptor thereto, and adopting said Study
and EIR, was adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Means
Approval of Agreement with California
Housing Finance Agency (CHFA) for
participation in the Home Ownership
Home Improvement (HOHI) Loan Program
including the Rental Housing Program.
The California Housing Finance Agency requires
City of Bakersfield submit the Local
that the
Government Agreement if the
Bakersfield, California, December 17, 1980 - Page 15
127
City wishes to continue participation in the Home Ownership Home
I~provement (HOHI) Program. The basic program provides low-
interest loans for new construction and rehabilitation of single-
family dwellings, with a Rental Housing Program option for construction
of multi-family (1 to 4 unit) dwellings. This year's allocation for
the City is $1.3 million.
Upon a motion by Councilman Payne, Agreement with
California Housing Finance Agency (CHFA) for participation in the
Home Ownership Home Improvement (HOHI) Loan Program including the
Rental Housing Progra~ was approved and the Mayor was authorized
to execute same.
Approval of Amendment to Escrow
Instruction on Contract No. 80-106
with Tenneco Realty Development
Corporation for purchase of domestic
water well and well-site within the
Ashe Water System.
The purchase of the property was previously approved by
the City Council. This amendment to the original escrow will
substitute a legal description of the property in lieu of a parcel
map. It will also postpone landscaping so that the well site will
blend in with adjacent developments. The original purchase price
is not altered by this amendment.
Upon a motion by Councilman Payne, Amendment to Escrow
Instruction on Contract No. 80-106 with Tenneco Realty Development
Corporation for purchase of domestic water well and well-site
within the Ashe Water System, was approved and the Mayor was
authorized to execute same.
Deferral of Certification of Negative
Declaration No. 1237 for Multimodal
Transit Terminal in Downtown Bakers-
field.
Upon a motion by Councilman Barton, at the suggestion of
staff, Certification of Negative Declaration No. 1237 for Multimodal
Transit Terminal in Downtown Bakersfield, was deferred until the
Council Meeting of January 5, 1981.
128
Bakersfield, California, December 17, 1980 - Page 16
Appointment of Frank Fabbri as City's
representative for State Bond Act.
With the passage of Proposition 1 Park Funds will be
available to cities, however, it will be necessary to designate
a Coordinator for the City of Bakersfield.
Upon a motion by Councilman Ratty, Frank Fabbri, Parks
Superintendent, was appointed as the City's representative for the
State Bond Act.
Acceptance of Truck donated by Pacific
Motor Transport Company to the Police
Department.
Pacific Motor Transport Company has indicated they will
donate a truck to the Police Department at no cost to the City.
The only requirement is that the City accept the truck this year.
Upon a motion by Councilman Payne, truck donated to the
Police Department by Pacific Motor Transport Company, was accepted.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:50 P.M.
-~~Bakersfield,
Calif.
ATTEST:
CITY/~LERK and Ex OffiCio Clerk of the Council
of the City of BakerWield, California
ma