HomeMy WebLinkAboutJULY - SEPT 1979Bakersfield, Cali£ornia, July ll, 1979
223
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., July ll, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
Present:
Absent:
The City Clerk called the roll
Mayor Hart. Councilmen Barton,
Miller,
Councilman Strong
as follows:
Christensen, Means,
Payne, Ratty
Minutes of the budget session of June 25, 1979 and
regular meeting of June 27, 1979, were approved as presented.
PRESENTATION OF RETIREMENT PLAQUES
Mayor Hart presented a retirement plaque to Mr. Andrew
O. Padilla, who completed 23 years of service with the Public Works
Department of the City of Bakersfield, effective June 29, 1979.
Mayor Hart announced that Mr. Jay T. Hickey, who com-
pleted 23 years of service with the Public Works Department of
the City of Bakersfield on June 30, 1979, could not be present
to receive his retirement plaque due to an illness in the family.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Ronald Tom, Oriental Express, 4612 American Avenue, requesting
the Council to hear an appeal regarding the Planning Commission's
denial of his request for a roof sign on the Oriental Express
Restaurant, was received and Wednesday, July 25, 1979, was the
date set for hearing the appeal.
Upon a motion by Councilman Barton, communication from
the Downtown Business Association, dated June 29, 1979, requesting
that rates charged for parking spaces on City-owned lots to private
business and meter charges to the public be increased, was received,
ordered placed on file and referred to the Business Development and
Parking Committee for study and recommendation.
224
Bakersfield, California, July 11, 1979 - Page 2
COUNCIL STATEMENTS
Councilman Miller requested an explanation as to how
the boundaries are amended for the redevelopment area.
Director of Fire & Development Services Needham briefly
described the process the Council, Redevelopment Agency and
Planning Commission must follow to amend the boundaries of the
redevelopment area. Mr. Needham stated a copy of that process was
attached to the answers to questions asked by the Council and
distributed at the meeting of June 27, 1979.
Councilman Barton announced that the Water Enterprise
Workshop scheduled for this month has been postponed until some-
time in the latter part of September and the Council will be
notified.
REPORTS
Councilman Payne, member of the Governmental Efficiency
and Personnel Committee, read Report No. 7-79 regarding New
Positions, Reclassifications, Salary Adjustments and Title Changes,
as follows:
The Governmental Efficiency and Personnel Com-
mittee has met on several occasions to evaluate
the attached recommendations of the City
Manager's regarding new positions, reclassifi-
cations, salary adjustments and title changes.
As the Council will note, in this memorandum
from the City Manager, the various department
heads have requested a total of 62 new positions
and 33 reclassifications totaling $1,653,538,
however, based on recent City Council action
regarding the use of CETA employees, the depart-
ment heads were instructed to reassess their
needs by using CETA employees where possible.
Based on this concept, the City Manager was
able to make a final recommendation to the
Governmental Efficiency and Personnel Committee
for 43 new positions and 19 reclassifications
totaling $1,091,051. Of these 43 positions
eight will be federally funded through a police
grant, fifteen through CETA and five would be
increasing the total complement of Police
Officers by ten employees in order to assure
that the department operates as close to its
maximum allowable throughout the year.
After several meetings regarding these depart-
ment head requests and City Manager recommenda-
tions, the Governmental Efficiency and
Bakersfield, California, July ll, 1979 - Page 3
225
Personnel Committee is making the following
recommendations for Fiscal Year 1979-80:
FIRE AND DEVELOPMENT SERVICES DEPARTMENT
l) Adjust Deputy Fire Chief's Salary 5%.
Cost Fiscal Year 79-80 - $689
l)
2)
POLICE DEPARTMENT
One new position Records Supervisor,
effective January l, 1980.
Cost Fiscal Year 79-80 $13,570
One new position Budget Manager, effective
when a Captain's position is eliminated.
A staff report will be made to the Council
prior to filling this position.
Cost Fiscal Year 79-80 - $12,515 (6 months)
3) Two new positions Sergeant.
This Committee is recommending Council
approval on two other requests in the
Police Department regarding a Traffic
Enforcement Program and Training Needs
Study. If the Council approves the Traffic
Enforcement Program and the results of the
Training Study, then these two positions
will be necessary.
Cost Fiscal Year 79-80 - $64,275 (12 months)
4) Reclassify one Lab Technician to Sr. Lab
Technician.
5)
6)
7)
This reclassification is being approved,
however, the Committee has directed the
staff to evaluate the possibility of
adding another Lab Technician to the lab
in order to free a detective that has been
assigned due to the heavy work load en-
countered in this area recently.
Cost Fiscal Year 79-80 - $1,013
Reclassify one Accounting Clerk I
Accounting Clerk II.
Cost Fiscal Year 79-80 - $1,194
to
Reclassify six Clerk Typist I's
Typist II's.
Cost Fiscal Year 79-80 - $3,600
to Clerk
Reclassify one Community Service Technician
to Clerk Typist II.
Savings Fiscal Year 79-80 - $2,552
8) Formalized Training Program Study.
During the 1978-79 budget hearings the
Council authorized $5,000 for an overview
study and reserved $30,000 for a Police
Management Study. As a result, Robert
Coop was hired by the Council to conduct
the overview study, however, his
226
Bakersfield, California, July ll, 1979 - Page 4
recommendations have not been implemented
to date. Since a major portion of his
findings regarded possible training needs
in the department the Governmental
Efficiency and Personnel Committee is
recommending that the Council again re-
serve this $30,000 for a formalized
Training Program Study. We are recom-
mending that a total of $235,000 be set
aside to implement a £ormalized training
program if the results verify the needs
as recommended by the Chief of Police and
the City Manager. Prior to implementing
a training program, a complete report will
be submitted to the City Council for their
approval outlining the training needs of
the department. We would also recommend
that the proposed study research the
possibility of using Federal funds for
this program.
9) Selective Traffic Enforcement Program.
t)
2)
3)
4)
5)
6)
7)
Eight new positions Police Officer.
Cost Fiscal Year 79-80 including equipment -
$360,440
NOTE:
First year funding 100% reimbursed
by Federal Government, second year
50% reimbursement, third year City
assumes entire cost.
PUBLIC WORKS DEPARTMENT
Reclassify one Maintenance Mechanic to
Equipment Mechanic.
Cost Fiscal Year 79-80 - $1,092
One new position
Cost Fiscal Year
$29,463
Survey Party Chief.
79-80 including equipment
One new position Engineering Technician I.
Cost Fiscal Year 79-80 including equipment
$27,937
Reclassify one Utility Worker to Equipment
Operator I.
Cost Fiscal Year 79-80 - $577
Reclassify two Equipment Operator I's to
Equipment Operator II's and one Equipment
Operator II to Equipment Operator III.
Cost Fiscal Year 79-80 - $3,775
Three new positions Equipment Mechanics.
Cost Fiscal Year 79-80 - $59,595
Reclassify one Air Conditioning Technician
I to Air Conditioning Technician II.
Cost Fiscal Year 79-80 - $798
Bakersfield, California, July ll, 1979 - Page 5
227
CITY MANAGER'S OFFICE
l) One new position Insurance Coordinator.
Cost Fiscal Year 79-80 - $30,000
2) One new position CETA Coordinator.
Cost Fiscal Year 79-80 - $27,000
NOTE: City will be reimbursed $18,000
through Federal funds.
3) Increase salary of Assistant City Clerk.
Cost Fiscal Year 79-80 - $2,177
AUDITORIUM-RECREATION
1)
Reclassify one Accounting Clerk II
Office Supervisor.
Cost Fiscal Year 79-80 - $1,575
to Box
2) Salary increase for Temporary Employees.
Cost Fiscal Year 79-80 - $24,095
The total annual cost for these new positions,
reclassifications, and salary adjustments will
be $902,932, of this amount $613,440 will be
recovered through Federal funds which results
in a net cost to the City of approximately
$289,492. In order to effectuate these changes,
the Governmental Efficiency and Personnel
Committee is recommending approval of this
report, the attached resolution changes and
job specifications.
Councilman Payne stated there seems to be a misunder-
standing as to one Clerk-Typist position to be alloted to the
Police Department. This position may or may not become necessary.
It appears the Committee agreed to provide the position to the
Police Department so they would have adequate staff to assist the
consultant, when hired, for preparing a study and recommending
specific training. Councilman Payne requested that, if the report
is submitted and it is determined the additional position is needed
and agreed to by the Governmental Efficiency and Personnel Committee,
they be permitted, at that time, to come back to the Council and
request approval for that one additional Clerk-Typist position.
Councilman Miller asked if by approving this report the
Council is making a commitment to the CETA Program.
Assistant City Manager-Personnel Russell stated the
Council is making a commitment to the CETA Program, however, they
still have to approve a contract before it is finalized.
228
Bakersfield, Cali£ornia, July 11, 1979 - Page 6
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 7-79 regarding New Positions,
Reclassifications, Salary Adjustments and Title Changes, was
accepted; and recommendations as outlined in the report, were
approved.
Councilman Christensen, member of the Governmental
Efficiency and Personnel Committee, read Report No. 8-79 regarding
Salary and Supplemental Benefits, as follows:
In compliance with State law and the City's
Employer-Employee Relations Ordinance, the
City's designated representative, Nicholas
Counter with the help of a management team,
has held numerous Meet and Confer sessions
with representatives of the Service Employees
International Union (SEIU) which represents
the City's Blue and White Collar workers and
representatives of the Teamsters Union which
represents the Firefighters. In addition, the
management team has consulted with the General
Employees Supervisory Unit, the Police Super-
visory Unit, the Fire Supervisory Unit, and
the Confidential Employees Unit. The Govern-
mental Efficiency and Personnel Committee met
with the Management employees regarding
salaries and benefits for this group.
As a result of many days of negotiations, we
are pleased to report that agreements have
been reached with both unions and what we
feel is a fair package has been offered to
the non-union employees. We are sorry that
the finalized report is given to you at this
late date, however, settlements were not
reached until 2:00 this afternoon. These
settlements are within the guidelines the
Council authorized the City's designated
representatives to negotiate.
The details for each of the units are as follows:
FIRE UNIT
1. Effective first full pay period in July,
1979, a 8% across the board salary increase.
Effective the closest pay period to January
l, 1980 a 2% across the board salary in-
crease.
3. Effective January 1, 1980 the annual uniform
allowance be increased from $150 to $200.
4 o
Effective January l, 1980 the annual holi-
days allowance be increased from 3 to 4~
days.
Bakersfield, California, July ll, 1979 - Page ?
229
BLUE AND WHITE COLLAR UNIT
1. Effective first full pay period in July,
1979 a 10% across the board increase.
The City and Union agree to continue a
joint salary review on inequities for
Leadman pay with adjustments taking effect
no later than September 15, 1979. Such
review will be based upon recruitment,
retention, and prevailing rates for com-
parable positions in the labor market.
o
Effective July 1, 1979 the City will pay
for any increased costs in health insurance
premiums.
Sanitation Division shall work all desig-
nated holidays excluding New Year's.
A full day holiday preceding Christmas and
New Year's shall be observed in lieu of
Lincoln's Birthday.
The City agrees to delete any standby
requirements except for emergencies.
Employees required to provide a full com-
plement of hand tools such as mechanics
sha~l be reimbursed up to $250 per year as
a tool replacement allowance.
o
The City agrees to provide payroll deductions
for Union dues and benefit programs at no
cost to the employee or Union, in return the
Union agrees to the inclusion of a management
rights clause in the contract.
Job titles and specifications in the Street
Maintenance Division shall be modified as
follows:
Equipment Operator I to Street Maintainer.
Equipment Operator II to Light Equipment
Operator-Streets.
Equipment Operator III to Heavy Equipment
Operator-Streets.
POLICE SUPERVISORY UNIT
o
Effective the first full pay period in July,
1979 a 6% across the board salary increase.
Effective the first full pay period in
January, 1980 a 4% across the board salary
increase.
Payment at time and one-half or Compensatory
time off at time and one-half for work per-
formed over 40 hours a week and holidays
worked.
Effective July 1, 1979 the City will pay
for any increased costs in the health
insurance premiums.
230
Bakersfield, California, July ll, 1979 - Page 8
GENERAL SUPERVISORY UNIT
1. Effective the first full pay period in July,
1979 a 10% across the board salary increase.
Effective July 1, 1979 the City will pay
for any increased costs in the health
insurance premiums.
FIRE SUPERVISORY UNIT
1. Effective the first full pay period in July,
1979 a 6% across the board salary increase.
Effective the first full pay period in
January, 1980 a 4% across the board salary
increase.
Effective the first full pay period in
October, 1979 the City will provide a
Deferred Income Program at the same rate
provided for employees in the Police
Supervisory Unit.
Effective the first pay period in July,
1979 the City will provide contributions
toward a life insurance plan to the same
extent provided employees in the General
Supervisory Unit.
Effective July 1, 1979 the City will pay
for any increased costs for those employees
covered by the Blue Cross Health Program.
Effective the first pay period in July,
1979, Fire Prevention personnel assigned
to standby on weekends shall receive the
same differential provided other employees
required to be on standby.
CONFIDENTIAL UNIT
1. Effective the first full pay period in July,
1979 a 10% across the board salary increase.
Effective July l, 1979 the City will pay
for any increased costs in the health
insurance premiums.
o
Job classifications which will be affected
by the White Collar Unit salary study will
be considered for increases in September.
MANAGEMENT
The Governmental Efficiency and Personnel Com-
mittee's recommendations regarding Management
salary and benefit increases are based on the
following:
A complete study will be made by the Com-
mittee this fiscal year regarding Manage-
ment salaries, and the Management Unit.
Bakersfield,
231
CaLifornia, July ll, 1979 - Page 9
The Governmental Efficiency and Personnel
Committee with assistance from the City
Attorney will review the City Manager's
contract as it relates to his salary
increases in relationship to the average
of other Management employees.
With these two issues in mind, we are recom-
mending the following for Fiscal Year 1979-80:
Effective the first full pay period in July,
1979 an across the board salary increase of
8%.
Effective the first full pay period in
January, 1980 a 2% across the board salary
increase.
Effective the first full pay period in July,
1979 the City's monthly contribution towards
health insurance shall be $79.30 the same
as the Blue and White Collar Unit employees
covered under the Blue Cross Insurance
Program.
The total cost for all units is $1,317,657 which
represents an approximate 10% increase for all
employees.
In order to implement these changes the Govern-
mental Efficiency and Personnel Committee is
recommending Council approval of this report
and the attached Salary Resolution and Ordinance
changes.
Upon a motion by Councilman Christensen, Governmental
Efficiency and Personnel Committee Report No. 8-79 regarding
Salary and Supplemental Benefits, was accepted; and recommendations
as outlined in the report, were approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 3.18 of the Munici-
pal Code by amending Subsections
3.18.140 (c) (2), 3.18.140 (d) (2)
and 3.18.154 relative to Overtime
and Compensatory Time Off for Police
Supervisory Employees and Fire
Prevention Employees.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 3.18 of the
Municipal Code by amending Subsections 3.18.140 (c) (2), 3.18.140
(d) (2) and 3.18.154 relative to Overtime and Compensatory Time
Off for Police Supervisory Employees and Fire Prevention Employees.
232
Bakersfield, California, July 11, 1979 - Page l0
Adoption of Resolution No. 58-79 of
the Council of the City of Bakers-
field setting salaries and related
benefits for Officers and Employees
of the City of Bakersfield.
Upon a motion by Councilman Christensen, Resolution No.
58-79 of the Council of the City of Bakersfield setting salaries
and related benefits for Officers and Employees of the City of
Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Director of Fire & Development Services Needham read a
report from the Bakersfield Redevelopment Agency, dated May 30,
1979, regarding Quad Consultants Final Report and the Parking
Committee's Recommendations to the Agency and Council on the
Downtown Parking Deficiencies, as follows:
The Parking Committee of the Redevelopment
Agency has reviewed the City of Bakersfield
Parking Program, Phase 4, Final Report prepared
by Quad Consultants. The report makes apparent
that which we all have suspected for some time,
namely, that a parking deficiency exists in the
downtown area. This Committee recommends that
the Agency approve the report and recommends
that it be forwarded to the City Council for
its consideration of the various alternatives
recommended in the report for alleviating the
downtown parking problem.
While the Agency authorized the study upon
direction from the City Council, there are only
two areas to which the Committee believes the
Agency has any input. Specifically, the Agency
has been involved in two downtown projects,
generally identified as the Bank of America
building and the California Republic Bank
building. Each has a two-level parking
structure.
In reviewing figure 2-1 of the report, the
greatest parking deficiency exists around the
Bank of America building. In addition, unlike
the parking structure at the California
Republic Bank, the Agency owns the parking
structure at the Bank of America (the structure
is leased by the Agency to the City). The
Committee therefore requests that the Agency
direct its attention to the parking structure
at the Bank of America building.
Bakersfield, California, July ll, 1979 - Page ll
23:3
The Committee recommends that the Agency
initiate action to provide additional parking
at the Bank of America building by constructing
a third level on the parking structure. The
primary beneficiaries of the additional parking
will be the owner/developer and tenants of the
Bank of America building. Consequently, the
Committee believes that the most appropriate
method of financing the additional level of
parking would be through a combination of
owner/developer, tenant contribution and
revenues derived from parking fees. The
Agency should, therefore, request the staff
to begin negotiations for the owner/developer
and tenant participation. If necessary, tax
increment revenues may be available for a
portion of the cost of the additional level
of parking.
The availability of tax increment revenues for
other parking projects in the downtown area is
questionable due to the status of the proposed
redevelopment projects. Consequently, this
Committee recommends that the Agency advise
the City Council that tax increment financing
of other downtown parking facilities should not
be considered at this time.
Redevelopment Agency Parking
Committee
Robert E. King,
Frank Lewis
Vincent Casper
Chairman
Upon a motion by Councilman Barton, report from the
Bakersfield Redevelopment Agency, dated May 30, 1979, regarding
Quad Consultants Final Report and the Parking Committee's Recom-
mendations to the Agency and Council on the Downtown Parking
Deficiencies, was accepted and referred to the Business Development
and Parking Committee.
Councilman Barton, Chairman
and Parking Committee, read Report No.
Parking Fee, as follows:
of the Business Development
2-79 regarding In-Lieu
On October ll, 1978, the Council adopted the
In-Lieu Parking Fee Ordinance (No. 2450 New
Series) for the purpose of enabling property
owners use of their vacant buildings, in the
downtown area, which were not being used due
to lack of sufficient parking.
The Ordinance allows, in-lieu of required
parking, a $7,000 fee in the core area, or a
$5,000 fee in the extended area, per required
parking space after a 50%, 30% or 25% reduction
234
Bakersfield, California, July 11, 1979 - Page 12
is applied, depending on whether it is for a
change-in-use, new construction, or in the
extended area.
The property owner has the option to pay the
computed fee over a 20-year period. Since
the Ordinance has been in effect, staff is of
the opinion that a yearly fee should be charged
for only the calendar years the building is
occupied. For those years a building is not
in use, there should not be charge, and the
owner shall not pay more than $7,000 or $5,000
total, per parking space.
The Business Development and Parking Committee
recommends this change in the In-Lieu Parking
Fee Ordinance be adopted by Council.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 2-79 regarding In-Lieu Parking
Fee, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Subsections (c) and (d) of
Section 17.58.030, of the Municipal
Code of the City of Bakersfield, by
providing for an Annual Parking Pay-
ment for change in use for so long
as such use continues.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Subsections (c) and (d)
of Section 17.58.030, of the Municipal Code of the City of Bakers-
field, by providing for an Annual Parking Payment for change in use
for so long as such use continues.
Director of Fire & Development Services Needham reported
that at the Council Meeting of June 27, 1979 the Council requested
that a Workshop Session, to discuss the Downtown Regional Shopping
Center with the developer, Special Counsel Eugene Jacobs and staff
members, be arranged for Wednesday, July 19, 1979. The first
available date the developer and Special Counsel could attend is
August 1, 1979.
Councilman Miller requested, if at all possible, that
the Workshop Session be held on August 8, 1979 at 5:00 P.M.
Councilman Ratty suggested that the staff try to arrange
the Workshop Session for August 8, 1979, and if that is not possible
that it be set for August 1, 1979.
Bakersf±eld, Cal±forn±a, 3uly ll, 1~?~ - P~ge 13
Upon a motion by Councilman Miller, Director of Fire
and Development Services Needham was requested to extend an
invitation to the members of the Redevelopment Agency and Planning
Commission to attend the Workshop Session.
CONSENT CALENDAR
The
(a)
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 6179 to 6329 and
1 to ll, inclusive, in the amount of
$694,879.16.
(b)
Claim for Damages from Vera C. Janes, 4101
Erin Court, Bakersfield. (Refer to City
Attorney)
(¢)
Claim for Damages from Mrs. Elizabeth F.
Iden, 1803 Flower Street, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Damages from Tennant J. Brooks,
3040 - 19th Street, Suite 7, Bakersfield.
(Refer to City Attorney)
(e)
Map of Tract No. 4150 and Improvement
Agreement with Kern County Development,
Inc., located north of Pacheco Road, east
of South "H" Street.
(f)
Improvement Agreement with Mrs. Sara Adler
and Ralph C. Kuhn for Parcel Map No. 5339,
Parcels 1 and 2, located south of Bernard
Street and west of Oswell Street.
Notice of Completion and Acceptance of
Work for improvements on construction of
Sanitary Sewer in Laurelglen Area between
E1 Portal Drive and Ashe Road, Contract
No. 79-31 with Hunsaker Construction
Corporation.
(h)
Plans and Specifications for Pavement
Improvements on portions of White Lane,
between Ashe Road and Wilson Road, Akers
Road, between White Lane and South Kapral
Road, and Fairfax Road, between Highland
Oaks Drive and Panorama Drive.
(i)
Request from B. L. Dickinson for amendment
to the General Plan from Low Density to
Medium Density on property located approxi-
mately one-quarter mile east of Highland
High School and 1 block north of 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) and (i) of the Consent Calendar, were
236
Bakersfield,
California,
July 11,
1979 - Page 14
adopted by the following roll call
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes:
Absent:
vote:
None
Councilman Strong
ACTION ON BIDS
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 5.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to purchase one additional Street Sweeper from M-B Company in the
amount of $51,940.00.
Upon a motion by Councilman Barton, usual bidding requir~e-
merits were dispensed with, in accordance with Section 5.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to purchase one Used Self-Propelled Paver from Crook Company of
Norwalk, California, in the amount of $9,540.00.
DEFERRED BUSINESS
Adoption of Ordinance No. 2506 New
Series of the Council of the City of
Bakersfield amending Chapter 5.38 of
the Municipal Code by adding Section
5.38.188 and adjusting Retirement Pay
for certain Retired Personnel.
Upon a motion by Councilman Barton, Ordinance No. 2506
New Series of the Council of the City of Bakersfield amending
Chapter 5.38 of the Municipal Code by adding Section 5.38.188
adjusting Retirement Pay for certain Retired Personnel, was adopted
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
None
Councilman Strong
Adoption of Ordinance No. 2507 New
Series of the Council of the City of
Bakersfield amending Title 17 of the
Bakersfield Municipal Code to permit
Automobile Custom Sunroof and "T-Top"
Sales and Installation subject to a
Conditional Use Permit in the C-1
Zone.
237
Bakersfield, California, July 11, 1979 - Page 15
Upon a motion by Councilman Ratty, Ordinance No. 2507
New Series of the Council of the City of Bakersfield amending
Title 17 of the Bakersfield Municipal Code to permit Automobile
Custom Sunroof and "T-Top" Sales and Installation subject to a
Conditional Use Permit in the C-1 Zone, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2508 New
Series of the Council of the City of
Bakersfield amending the Zoning
Ordinance to allow Limited Automotive
Engine Machine Shops, subject to a
Conditional Use Permit, in the C-2
Zone.
Upon a motion by Councilman Payne, Ordinance No. 2508
New Series of the Council of the City of Bakersfield amending the
Zoning Ordinance to allow Limited Automotive Engine Machine Shops,
subject to a Conditional Use Permit, in the C-2 Zone, was adopted
by the following roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 8.48 of the Munici-
pal Code by adding Section 8.48.055,
suspending the Refuse Collection Fees
for the period July l, 1979, to May
31, 1980.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 8.48 of the
Municipal Code by adding Section 8.48.055, suspending the Refuse
Collection Fees for the period July 1, 1979, to May 31, 1980.
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in the following matter
:38
Bakersfield, Cali£ornia, July ll, 1979 - Page 16
and yielded the chair to Vice-Mayor Barton.
Adoption of Resolution No. 59-79 of
Intention of the Council of the
City of Bakersfield to consider the
granting of a Franchise to construct
and use poles, wires, cables, con-
duits and appurtenances under, along
or upon any or all public streets in
the City of Bakersfield.
This resolution sets the date of hearing for Wednesday,
August 8, 1979, for the granting of a franchise for cable TV to
Warner Cable Corporation.
Upon a motion by Councilman Miller, Resolution No. 59-79
of Intention of the Council of the City of Bakersfield to consider
the granting of a Franchise to construct and use poles, wires,
cables, conduits and appurtenances under, along or upon any or all
public streets in the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Approval of Contract with Brown
Brothers for Liability Claims
Administration.
Upon a motion by Councilman Means, Contract with Brown
Brothers for Liability Claims Administration at a cost of $8,500,
was approved and the Mayor was authorized to execute same.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Chr~tens~meeting was
adjourned at 8:55 P.M. M~ of Bakersfield, Calif.
ATTEST:
CITY~LERK annex ~fficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, July 25, 1979
239
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., July 25, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Means,
Strong,
Absent: Councilman Christensen
Minutes of
Miller,
Barton
Payne, Ratty,
the regular meeting of July 11, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mayor Hart announced that Mr. Skip Witham,
the Downtown Business Association,
of the Council on Report No. 4-79
and Parking Committee regarding Downtown Parking Plan that
later in the agenda.
Mr.
President o£
was present to answer questions
from the Business Development
appears
CORRESPONDENCE
Upon a motion by Councilman Ratty, communications from
John Barringer, Director of Property Development, Bob's Big
Boy Restaurants, 1001 East Colorado Street, Glendale, California,
dated July 13, 1979, and Heath & Company, as Agents for Bob's Big
Boy Restaurants, 3225 Lacy Street, Los Angeles, California, dated
July 12, 1979, requesting the Council to hear an appeal regarding
the Planning Commission's denial o£ their request for a sign at
3400 Wilson Road, was received and Wednesday, August 8, 1979, was
the date set for hearing the appeal.
Mayor Hart announced that the continued public hearing
on an appeal by Nilajean Raper, et al, to the decision of the
Board of Zoning Adjustment approving Doug Thompson Construction's
application for a Conditional Use Permit to allow construction of
a 15 unit apartment complex in an M-1 (Light Manufacturing) Zone
on that certain property commonly known as 400 - 28th Street, is
24O
Bakersfield, California, July 25, 1979 - Page 2
no longer applicable because Mr. Thompson has withdrawn the request
for a Conditional Use Permit.
Upon a motion by Councilman Ratty, communication from
Doug Thompson Construction, dated July 25, 1979, withdrawing their'
request for a Conditional Use Permit on that certain property
commonly known as 400 - 28th Street, was received and ordered
placed on file.
COUNCIL STATEMENTS
Councilman Miller requested that the Council explore
the possibility of setting a policy that no action be taken on
any item that is not presented to the Council at least 24 hours
prior to the meeting.
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 3-79 regarding Proposed
1979-80 Downtown Business Improvement District Budget, as follows:
This Committee has met with representatives of
the Downtown Business Improvement District to
review their proposed 1979-80 budget which is
approximately at the same level as 1978-79.
This district, whose boundaries are 23rd Street,
M Street, Truxtun Avenue and G Street, was
formed in 1968 £or the purpose of promoting
increases in business in this area and pro-
moting events of a public nature which take
place in the district and are of general
interest and concern to the community and
businesses in the district. The businesses
therein are assessed a tax which is collected
by the City for the district. The City Council
has the responsibility under the ordinance to
determine these revenues are utilized in
accordance with the purposes of the district.
After discussion with the district represen-
tatives, the Committee is satisfied the pro-
posed uses are in accordance with the district
purposes and recommend approval of the budget.
Upon a motion by Councilman Barton, Business Develop-
ment and Parking Committee Report No. 3-79 regarding Proposed
1979-80 Downtown Business Improvement District Budget, was accepted;
and the budget was approved.
Bakersfield, California, July 25, 1979 - Page 3
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 4-79 regarding Downtown
Parking Plan, as follows:
As a result of several recent combined Com-
mittee and staff meetings with the Downtown
Business Association Executive Board and general
membership regarding downtown parking, several
recommendations are being considered at this
time. These are:
i) a)
Recommend to the presiding judge of
the Municipal Court that the bail
schedule for parking violations be
increased.
b)
c)
By mutual agreement, increase the per-
centage of the fine allocated to the
County, for collection of the parking
fine, from 10% to 15%. The existing
fine for parking violations is $2.00,
of which 10¢ per $1.00 goes to the
County for processing costs. This
amount does not cover the cost. The
remainder of the fine goes to the City.
Recommend to the presiding judge of
the Municipal Court that parking fines
not be suspended except in cases of
extenuating circumstances.
d)
That the Community Service Technicians
assigned to parking control be so
assigned during the majority of their
working shift, with a maximized effort
of ticketing parking violators.
a)
Council authorize staff to negotiate a
$25.00 per space for leased spaces on
the 17th and G Streets parking lot and
the Truxtun and "Eye" lot.
Funds from these leased spaces will go
into the Parking Authority's fund.
The present rates for leased spaces on
these two lots are 30 spaces at $7.00
each, and 20 spaces at $20.00 each.
b)
Council direct
Council at the
and a flexible
staff to report back to
next meeting the cost
time frame for:
1. Restripping existing City-owned
surface parking lots.
2. Relocate meter posts as necessary.
3. Purchase or readjust meters to en-
able rate increases.
4. Reconstruct "entry" and "exit" ways
for the lots.
242
Bakersfield, California, July 25, 1979 - Page 4
c)
Meter rates on present City-owned
parking lots be evaluated by the Com-
mittee, and recommendations be pre-
sented to Council as soon as possible.
Present spaces and rates on City-owned surface
lots are:
17TH AND G STREETS
TRUXTUN AND "EYE" STREETS
30 Leased Spaces @$7.00
64 Ten-Hour Me~ers
One Hour - 5q
Two Hours - 10~
Ten Hours - 50~
20 Leased Spaces @$20.00
67 Ten-Hour Meters
One Hour - 5~
Two Hours - 10~
Ten Hours - 50~
18TH AND K STREETS
20TH AND L STREETS
Three - 36 Minute-Free
93 Ten-Hour Meters
One Handicapped Parking
Two Hours - 5~
Four Hours 10~
Ten Hours - 25~
73 Spaces - Free
Not Metered
22ND AND G STREETS
167 Spaces - Free
Not Metered
At the July 19th combined Downtown Business
Association and Council Parking Committee
meeting, after considerable discussion, Mr.
Hugh Sill stated he would be willing to sell
the lot at 18th and "Eye" Streets to the City,
if it is used for parking.
The Committee recommends that Council authorize
the Redevelopment Agency to consider the pur-
chase of this lot and the attached lot at 18th
and H Streets as a redevelopment project, which
would be considered Phase I of this specific
project; and recommends that this property be
purchased by the Agency, and that the Agency
expand its boundaries appropriately to include
that property which would benefit from the
purchase of this property; and construction of
a third deck above ground-level parking structure
as Phase II.
Attachment No. i is Chapter Six of Quad Con-
sultant's Parking Study. The Committee
recommends that under this chapter, "Priorities
and Implementation," Items 1, 2 and 3, be
pursued and implemented as can be reasonably
done in the near future. Item No. 1, redesign
of existing long-term parking lots; and No. 3,
acquisition of property for a parking structure
on 18th and "Eye" Streets, converting the
ground floor to shopper parking, are previously
addressed in this report. Item No. 2, addition
of another parking deck on the California
Republic Bank structure will be pursued depend-
ing on the effects of the parking structure to
be constructed on 18th between H and "Eye"
Streets.
243
Bakersfield, California, July 25, 1979 - Page 5
The additional level on the 17th and K parking
structure is presently being pursued by the
Redevelopment Agency, and the Committee recom-
mends Council support of that action.
In addition, the Committee recommends that
Council direct staff to prepare an Abandoned
Vehicle Ordinance and present to the Committee
for evaluation and eventual recommendation to
Council.
Mayor Hart asked Mr. Skip Witham, President of the
Downtown Business Association, if he would be available to answer
questions on this report at the meeting of August 8, 1979. Mr.
Witham indicated he would attend that Council Meeting.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 4-79 regarding Downtown Parking
Plan, was received, ordered placed on file and action on the
various recommendations contained in the report were held over
until the Council Meeting of August 8, 1979.
Water Superintendent Bogart read a Status Report from
the Water Board regarding Dust, Vandalism and Trash Dumping on
City Property Adjacent to Park Stockdale, as follows:
Regarding the traffic, dust, vandalism and
trash dumping that has occurred on the Carrier
Canal and River levee behind Park Stockdale,
the following steps have been undertaken by
the Water Department since February of this
year:
l)
Contractors doing work in southwest area
were contacted (through Tenneco West, Inc.)
to cease and desist all dumping of debris
and materials on the Kern River levee.
2)
Heavy steel pipe gate was installed at west
end of Carrier Canal where it junctions
with the Arvin-Edison Canal. This installa-
tion prevents access to the Carrier Canal
from the Park Stockdale, Quailwood and
Stockdale area.
3)
Steel pipe was fabricated to the south side
of the control weirs on the Carrier Canal.
This restricts motorcycle traffic from
crossing the weirs to gain access to the
south canal bank, which lies just behind
the property owners fences.
4)
Chain-link fencing and gates installed at
east and west end of Park Stockdale on
Carrier Canal to divert traffic north and
244
Bakersfield, California, July 25, 1979 - Page 6
off the Carrier Canal bank. These particu-
lar installations have sustained heavy
damage since installed.
5)
Water Department established three daily
random patrols (morning-afternoon-after
dinner) made by Canal Tenders and Water
Supervisors to observe and report activity
to Water Dispatcher and Police Department.
6)
Letter written to Bakersfield Police
Department outlining the problem areas and
authorizing Water Operations funds to
cover the cost of scheduling off-duty
Police personnel to patrol the area
(March 4, 1979 - copy attached).
7)
Water Manager Chafin and Superintendent
Bogart met with Mr. Andy Milinich on the
Carrier Canal in May to discuss Mr.
Milinich's complaint and to review the
corrective measures that had been taken
at that time.
Water Department staf£ is now investigating
and pursuing the £ollowing:
a)
Soil Binders (Oiling agent for dust con-
trol) To apply material on about twelve
(12) acres of ground would cost approxi-
mately $2,200.00 per application - depending
on traffic, several applications would be
necessary for the remainder o~ the dry
season.
b)
Chain Link Fencing To completely secure
access to the Carrier Canal in the Park
Stockdale area would require about 5500
lineal feet of six (6) foot chain link
fencing at a cost of approximately
$19,500.00. On July 19, 1979, the Water
Board authorized the staff to include
this item in the next (1980-81) Water
Department capital budget.
c)
Upon the recommendation of Water Manager
Cha£in, the Water Board authorized the use
of Water Operations funds to be used in
hiring a professional security organiza-
tion to patrol the problem areas. Since
I.D. #4 of the Kern County Water Agency
has also been experiencing vandalism on
the Cross-Valley Canal and pump stations,
they have notified City staf£ that they
would like to share in the cost and use
of outside security personnel. Water
Manager Chafin is now coordinating this
joint benefit program.
Upon a motion by Councilman Barton, Status Report from
the Water Board regarding Dust, Vandalism and Trash Dumping on
City Property Adjacent to Park Stockdale, was received and ordered
placed on file.
Bakersfield,
California,
July 25,
1979 - Page 7
245
Community Development Housing Coordinator Gilchrist
reported that a letter has been received from the Department of
Housing and Urban Development notifying the City of Bakersfield
that its Block Grant Application for the period August 1, 1979 to
July 31, 1980, has been approved. Basically, it was approved as
submitted, with a few minor line item changes, and the actual
documents will be submitted to the Council for action at the
Council Meeting of August 8, 1979.
Director of Fire & Development Services Needham reported
that the Council Workshop Session on the Downtown Shopping Center
has been set for 8:00 P.M., August 1, 1979, and the members of
the Redevelopment Agency and Planning Commission will be invited
to attend.
Director of Public Works Hawley stated he would like the
Council to be aware of the emergency repairs that are being made
due to a pipe failure in the main sewer trunk line on South Chestel'
Avenue, south of Brundage Lane. The failure occurred in a 39 inch
line that transports approximately 7 million gallons of flow each
day. Because of the emergency situation the normal bidding pro-
cedures will not be followed and repairs will be made on a cost-
plus basis. The estimated cost will be between $30,000 and $40,000,
and since this is not a budgeted item it will be necessary to come
back to the Council, at a later date, and request the use of
Contingency Funds. It is estimated that the work will be completed
around the middle of next week.
CONSENT CALENDAR
The following items were listed on
(a)
(b)
the Consent Calendar:
Allowance of Claims Nos. 6330 to 6560 and
12 to 55, inclusive, in the amount of
$538,757.62.
Claim for Damages from CNA Insurance
Company on behalf of Louis T. Gonzales,
1421 Lake Street, Bakersfield. (Refer
to City Attorney)
246
Bakersfield, California, July 25, 1979 - Page 8
(¢)
(d)
(e)
(f)
(g)
Claim for Damages £rom Wm. K. Lyons Agency,
Inc,, on behalf of Mitchell Davis, 2716
Pomona Street, Bakersfield. (Refer to
City Attorney)
Claim for Damages from Transamerica
Insurance Services on behalf of Carole
Lynne August, 1501 University Avenue,
Bakersfield. (Refer to City Attorney)
Grant Deed from Tenneco Realty Develop-
ment Corporation providing easement for
block wall as required for Tract No. 4048,
located west of Ashe Road along West Half
Moon Drive.
Street Right-of-Way Deed £rom Wayne
Reeder's Hilltop Development Corporation
providing return at northeast corner of
36th Street and "O" Street, as required
for Tract No. 4161.
Sewer Easement from Robert C. Olshausen
as required £or Parcel Map No. 5544,
Parcels 1 and 4, located west of Grissom
Street between White Lane and Aldrin
Court.
(h) Notices o~ Completion and Acceptance of
Work for:
(i)
Tract No. 3808, with George W. Nickels
Enterprises, located at the northwest
corner of Alfred Hartell Highway and
Lake Ming Avenue.
Tract No. 3898, Contract No. 77-132,
with Tenneco Realty Development Corpora-
tion, located at White Lane and Wilson
Road.
Tract No. 3899, Contract No. 77-150,
with Tenneco Realty Development Corpora-
tion, located at White Lane and Wilson
Road.
Tract No. 3946, Contract No. 78-94 with
Regional Mortgage Co., located at Stine
Road and Pine Castle Avenue.
Street Improvements on Wible Road from
Planz Road to Alum Avenue and Stine Road
from Planz Road to Hartford Avenue,
Contract No. 79-43 with Griffith Company.
Application for Encroachment Permit from
Mobilhome Corporation, P.O. Box 2445,
for construction of a 6 foot high brick
wall at back of sidewalk along Auburn
Street for Tract No. 4079.
247
Bakers£ield, California, July 25, 1979 - Page 9
(J)
Application for Encroachment Permit from
Terry Burns, 3024 Brock Way, for con-
struction of a 6 foot high fence at back
of sidewalk along Eissler Street at north-
west corner of Brock Way and Eissler
Street.
(k)
(1)
Application for Encroachment Permit from
Chris Addington, 9339 Rosedale Highway
#C, for construction of an 8" thick
veneer on face of building at northwest
corner of 19th Street and Inyo Street.
Application for Encroachment Permit from
Don Stussy, 2330 Truxtun Avenue, for
construction of a decorative veneer,
columns and planters on face of building
at northeast corner of Truxtun Avenue and
"A" Street.
(m)
(n)
Application for Encroachment Permit from
Edward and Vivian Navarro, 2901 Agate
Street, £or construction of a 4 foot high
brick pillar and wrought iron fence at
back of sidewalk at southwest corner of
Agate Street and Coventry Drive.
Application for Encroachment Permit from
Donald P. Chandler, 1609 Loring Run, for
construction of a 2 foot wide overhang, 8
foot above sidewalk, and also a 6 foot
wide planter adjacent to building at
northwest corner of 6th Street and
Chester Avenue.
(o)
Program Supplement No. 8 to Local Agency-
State Master Agreement No. 06-5109 pro-
viding payment of $1,773 as Federal
portion of a project to repair China
Grade Loop, which was damaged during the
February, 1978 storm.
(p)
Plans and Specifications for construction
of Training Tower for City and County Fire
Departments to be located south of Olive
Drive and west of Freeway 99.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p)
of the Consent Calendar, were adopted by the following roll call
vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton
Noes: None
Absent: Councilman Christensen
Bakersfield, California, July 25, 1979 - Page 10
ACTION ON BIDS
Upon a motion by Counciiman Ratty, low base bid of
Granite Construction Company for Street and Drainage Improvements
within the Homaker Park Area, was accepted, all other bids and
Alternates No. I & 2, were rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Payne, bid of American Fence.
Company for Annual Contract for Fencing, was accepted and the
Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2509 New
Series of the Council of the City of
Bakersfield amending Chapter 3.18 of
the Municipal Code by amending Sub-
sections 3.18.140 (c) (2), 3.18.140
(d) (2) and 3.18.154 relative to
Overtime and Compensatory Time Off
for Police Supervisory Employees and
Fire Prevention Employees.
Upon a motion by Councilman Strong, Ordinance No. 2509
New Series of the Council of the City of Bakersfield amending
Chapter 3.18 of the Municipal Code by amending Subsections 3.18.140
(c) (2), 3.18.140 (d) (2) and 3.18.154 relative to Overtime and
Compensatory Time Off for Police Supervisory Employees and Fire
Ayes:
Noes:
Absent:
Prevention Employees, was
Councilmen Means,
None
adopted by the following roll call vote:
Miller, Payne, Ratty, Strong, Barton
Councilman Christensen
Adoption of Ordinance No. 2510 New
Series of the Council of the City of
Bakersfield amending Chapter 8.48 of
the Municipal Code by adding Section
8.48.055, suspending the Refuse
Collection Fees for the period July
l, 1979, to May 31, 1980.
Upon a motion by Councilman Means, Ordinance No. 2510
New Series of the Council of the City of Bakersfield amending
Chapter 8.48 of the Municipal Code by adding Section 8.48.055,
suspending the Refuse Collection Fees for the period July l, 1979,
249
Bakersfield, California, July 25, 1979 - Page 11
to May
Ayes:
Noes:
31, 1980, was adopted by the following roll call vote:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton
None
Absent: Councilman Christensen
Adoption of Ordinance No. 2511 New
Series of the Council of the City of
Bakersfield amending Subections (c)
and (d) of Section 17.58.030, of the
Municipal Code of the City of Bakers-
field, by providing for an Annual
Parking Payment for change in use
for so long as such use continues.
Upon a motion by Councilman Barton, Ordinance No. 2511
New Series of the Council of the City of Bakersfield amending Sub-
sections (c) and (d) of Section 17.58.030, of the Municipal Code
of the City of Bakersfield, by providing for an Annual Parking
Payment for change in use for so long as such use continues, was
adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton
Noes: None
Absent: Councilman Christensen
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property located on the east side of
Barrington Street, between Nottingham
Lane and Half Moon Drive and making
findings in connection with P.U.D.
Zone.
The application
R. Brown and would change
Dwelling) Zone to a P.U.D.
for this amendment was made by Rodney
subject property from an R-1 (One Family
(Planned Unit Development) Zone.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of that
certain property located on the east side of Barrington Street,
between Nottingham Lane and Half Moon Drive and making findings in
connection with P.U.D. Zone.
250
Bakersfield, California, July 25, 1979 - Page 12
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning o£ those
certain properties in the City of
Bakersfield located easterly of Stine
Road, between Planz Road and White
Lane.
The application for this amendment was made by Jerry E.
Vancuren, Agent for John Gibson, and would change subject properties
from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) and
R-2-D (Limited Multiple Family Dwelling - 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 easterly of Stine Road, between Planz Road
and White Lane.
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 southeast
corner of La Mirada Drive and
California Avenue, approving the
Preliminary Development Plan and
making findings in connection with
P.C.D. Zone.
The application for this amendment was made by Leo P.
Michaelides and would change subject property from an "A"
(Agricultural) Zone to a P.C.D. (Planned Commercial Development)
Zone.
In answer to questions by Councilman Payne, Chuck Tolfree,
Tenneco Realty Development Corporation, stated they are not the
applicants for this particular zone change, however, they are the
property owners. The General Plan was amended earlier this year
which designated this property as a possible 200 unit motel site.
The surrounding property, to the north and south, was designated
as professional office and the property, to the east, was desig-
nated as medium density residential. This proposal is for the 200
Bakersfield, California, July 25, 1979 - Page 13
unit motel.
market, etc.,
very specific
Plan allowed.
C-1 or C-2 zoning was not requested because a super-
could be built and the developer was requested to be,
and apply only for the 200 unit motel that the General
That is why the P.C.D. zoning is being requested.
Councilman Miller requested a report from the staff
regarding the parking and traffic situation that may be incurred
by this development.
After discussion, upon a motion by Councilman Payne,
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 southeast corner of La Mirada Drive and
California Avenue, approving the Preliminary Development Plan and
making findings in connection with P.C.D. Zone; and action deferred
until the Council
become completely
decision.
Deferral of a Resolution of the
Council of the City of Bakersfield
establishing Sewer Service User
Charges and Fees for Fiscal Year
1979-1980.
In answer to questions by Councilman Strong, Public Works
Director Hawley stated several months ago the Council approved the
revenue program and adopted an ordinance which authorized estab-
lishment of fees. At that time fees were established based upon
the estimates the staff had for maintenance and operation for 1979-
80. The resolution before the Council tonight updates the prior
resolution. Each year it will be necessary for the Council to
evaluate the proposed charges and adopt a resolution establishing
the fees for the following year. When the agreement was originally
signed with the State and Federal Governments, for grant participa-
tion, the City was told it would be required to establish fees to
recover the entire cost of operations, maintenance, plus capital
improvements, etc. Since that time the regulations have been
Meeting of August 29, 1979, so all the Council can
familiar with this proposal before making a
252
Bakersfield, California, July 25, 1979 - Page 14
relaxed somewhat, however, the City is still required to pay for
maintenance and operations. This resolution covers the maintenance
and operations for the period January 1, 1980 to July l, 1980.
After discussion, upon a motion by Councilman Strong,
action on a Resolution of the Council of the City of Bakersfield
establishing Sewer Service User Charges and Fees for Fiscal Year
1979-1980, was deferred until the Council Meeting of August 29,
1979, in order to give the Council time to obtain more information
on the charges and fees.
Adoption of Resolution No. 60-79 of
the Council of the City of Bakers-
field authorizing Grant Application
and expenditure of Grant Funds for a
Selected Traffic Enforcement Program
for the City of Bakersfield.
The Selected Traffic Enforcement Program was approved by
the City Council at budget hearings and this resolution implements
that action.
Councilman Strong stated there was a misunderstanding
in the Governmental Efficiency and Personnel Committee report
approved at the Council Meeting of July ll, 1979. The Committee
intended to recommend that the Council authorize two additional
Sergeant positions for the Police Department and instead these
positions were placed in a holding status.
City Manager Bergen stated that this was discussed during
the Committee's preparation of the report. The two Sergeants that
are mentioned were not tied to the training program. One was tied
to the Grant Application for the Traffic Enforcement Program and
the other was recommended immediately. In the haste of preparing
the report the staff did not make that clear and it was not pre-
sented the way the Governmental Efficiency and Personnel Committee
intended. Rather than make a last minute change in the report it
was felt it would be preferable to clear this up at the time the
Traffic Enforcement Program was presented. The staff would recom-
mend that the Council authorize the hiring of two Sergeants, and
funds are included in the budget and grant for that purpose.
Bakersfield, California, July 25,
253
1979 - Page 15
Upon a motion by Councilman Payne, Resolution No. 60-79
of the Council of the City of Bakersfield authorizing Grant Appli-
cation and expenditure of Grant Funds for a Selected Traffic
Enforcement Program for the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton
Noes: None
Absent: Councilman Christensen
Upon a motion by Councilman Payne, the two positions of
Sergeant for the Police Department, inadvertently placed in a
holding status at the meeting of July ll, 1979, were released to
become effective immediately.
HEARINGS
This is the time set for public hearing before the
Council in the matter of proposed cancellation of Land Use Contract
with respect to part of land, under the Williamson Act, and which
land is located in County of Kern Agricultural Preserve No. 10.
This hearing has been duly advertised and the property
owners have been notified as required by law. The proposed
resolution would give tentative approval to the cancellation which
becomes final upon the recording of a certificate showing can-
cellation fee has been paid.
Vice-Mayor Barton declared the hearing open for public
participation. Mr. Chuck Tolfree, representing Tenneco West, Inc.,
the applicant, was present to answer questions o£ the Council. No
protests or objections being received, the public portion o£ the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Means, Resolution No. 61-79
of the Council of the City of Bakers£ield determining and certifying
to County of Kern Auditor-Controller amount of cancellation fee
landowner must pay County Treasurer as deferred taxes upon can-
ce~lation of Land Use Contract under Williamson Act, was adopted
254
Bakersfield, California, July 25, 1979 - Page 16
by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton
Noes: None
Absent: Councilman Christensen
Upon a motion by Councilman Payne, Resolution No. 62-79
of the Council of the City of Bakersfield determining petition for
cancellation of Land Use Contract under Williamson Act with respect
to part of land, was adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton
Noes: None
Absent: Councilman Christensen
This is the time set for hearing before the Council on
an Appeal by Ronald Tom, regarding the Planning Commission's denial
of his request for a roof sign for the Oriental Express Restaurant
located at 4612 American Avenue.
The Planning Commission denied the request for a 4' x 8'
interior illuminated roof-mounted sign in a D-Overlay Zone for
the Oriental Express Restaurant at 4612 American Avenue.
Mrs. Diana Tom stated the Oriental Express Restaurant is
located one block off Ming Avenue and it is hard to find without
a roof sign. Mrs. Tom also stated they were not aware they could
not place a sign on the roof and requested that the Council approve
the sign.
During discussion, Councilman Means made a motion that
the decision of the Planning Commission be upheld and request of
Ronald Tom, Oriental Express Restaurant located at 4612 American
Avenue, for a roof sign be denied.
Councilman Strong offered a substitute motion that this
matter be held over until the Council Meeting of August 8, 1979,
in order to provide time for each member of the Council to visit
the site before making a decision; and provide time for the staff
to evaluate the cost involved in making the sign conform or re-
locating it and determine how much of a hardship it will place on
this business.
255
Bakersfield, California, July 25, 1979 - Page 17
Councilman Means withdrew his motion and stated he would
support Councilman Strong's substitute motion.
Councilman Strong's substitute motion that this matter
be held over until the Council Meeting of August 8, 1979, in order.
to provide time for each member of the Council to visit the site
before making a decision; and provide time for the staff to evaluate
the cost involved in making the sign conform or relocating it and
how much of a hardship it will place on this business, was
unanimously approved.
Councilman Barton requested that the Assistant City
Clerk officially notify Mr. Ronald Tom that the hearing has been
held over until August 8, 1979.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 9:30 P.M.
Calif.
ATTEST:
C TY~E~K and__E~o Cle rk of the Council
ofI lhe Cil~y of Bakersfield, California
ma
256
Bakersfield, California, August 8, 1979
Present:
Absent:
Minutes of the
approved as presented.
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., August 8, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Miller, Payne, Strong,
Christensen, Means
Councilmen Ratty, Barton
regular meeting of July 25, 1979 were
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from employees of Gensler-Lee Diamonds, 1434 - 19th Street, dated
July 27, 1979, requesting that fines for parking tickets in the
downtown area not be raised, was received and ordered placed on
file.
COUNCIL STATEMENTS
Councilman Means requested a status report on the
planning of a Senior Citizens Center.
Associate Planner Gonzales stated meetings are being held
with Senior Citizens Groups in order to select locations, types of
activities and funding. In approximately five weeks a report will
be made to the Council.
Councilman Means read a statement regarding Foreign
Ownership of Kern County Farmland, as follows:
I was acutely alarmed at reading of the in-
creasing foreign control of our farmland in
the San Joaquin Valley. The GAO report, re-
leased August 2nd, showed that the heaviest
foreign investment activity in California lies
here in the San Joaquin Valley. Considering
that ll percent of the land sold during the
period January, 1977 - July, 1978 went to
foreigners, I feel that we are at a point where
a serious problem exists.
257
Bakersfield, California, August 8, 1979 - Page 2
Part of the problem is that much of this precious
farmland is bought by nonfarmers. I agree with
Senator Birch Bayh from Indiana who feels that
this is an obvious threat to family farming.
With heavy buying, foreign investors drive the
price of farmland up through speculation which
creates a market where it is virtually impossible
for a family to afford to buy a farm. I feel
that there are already too many roadblocks
fighting family farming, without this additional
tragedy.
I am not suggesting that we add any unnecessary
regulations to the purchase of agriculture land,
but I do feel that we should ask the county to
consider some effective system of monitoring
foreign investments in our farmland. This
would allow us to make reasonable decisions in
this area.
I am particularly concerned about investors from
the OPEC nations who are using their oil money
to invest here in our country. The awesome flow
of petrodollars out of the U.S. and into the
OPEC nations since the 1973 oil price boost
has created a huge capital pool now finding its
way back to the U.S. in the form of inflated
and speculative investments. But neither
California nor the Federal Government have any
input into the amount of control foreign
investors can have on our economy.
Councilman Means requested that the subject of Foreign
Ownership of Kern County Farmland be placed on the agenda for the
next Council Meeting and prior to that meeting he will furnish
more information to the Council.
Councilman Miller requested a status report on the
Physical Fitness Program for the Police Department.
Councilman Miller asked if the Council Workshop Session
on the Downtown Shopping Center has been rescheduled.
City Manager Bergen stated that he has been informed
that the Council Workshop Session on the Downtown Shopping Center
has been rescheduled for Wednesday, August 22, 1979.
Councilman Strong suggested that Councilman Means send
the Kern County Board of Supervisors a copy of his statement on
Foreign Ownership of Kern County Farmland and request a response.
REPORTS
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 5-79 regarding Downtown Parking
258
Bakersfield, California, August 8, 1979 - Page 3
Plan, as follows:
During the July 25th Council Meeting, Report
Number 4-79 regarding Downtown Parking was
read, which indicated several areas were under
study for eventual recommendation to the City
Council by the Business Development and Parking
Committee. These recommendations were formulated
in conjunction with the Downtown Business
Association through joint study sessions and
meetings with their executive board and general
membership, based on the Redevelopment Agency's
Downtown Parking Study recommendations, the
D.B.A.'s specific research and staff research
and input.
As a result of further study and consideration
by the committee two of the tentative recom-
mendations of the July 25th report are hereby
being recommended at this time.
Presently there are 30 parking spaces on the
17th and "G" Streets parking lot being leased
at $7.00 per space which is considerably below
market-rate for uncovered parking, and 20 spaces
leased at $10.00 per space on the Truxtun Avenue
and "Eye" Street lot.
The committee recommends that the City Council
authorize staff to negotiate a market-rate per
leased space with the participants of the agree-
ments regarding these parking lots.
The committee also recommends City Council
request the Redevelopment Agency study the
feasibility of the Agency purchasing the Sill
Parking Lot at 18th and "Eye" Streets and the
parcel adjacent to the Sill lot at 18th and
"H" Streets, and have staff report back to the
Council the findings thereof.
Recommendations regarding other areas of
Downtown Parking in the July 25th report will
be forthcoming after the committee has thoroughly
studied and evaluated all information relating
to each specific area.
Councilman Christensen requested a progress report on
the land acquisition and completion date of the Truxtun Avenue
Extension.
Director of Public Works Hawley stated the last time he
reported to the Council it was indicated that it would take up to
90 days to complete the land acquisitions. The Assistant City
Attorney will be meeting tomorrow, in Los Angeles, with the Attorney
representing the one parcel that has not been acquired. It will
be probably 15 or 16 months before this roadway will be in use.
Bakersfield,
259
California, August 8, 1979 - Page 4
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 5-79 regarding Downtown Parking
Plan, was accepted; and recommendations as outlined in the report,
were approved.
Upon a motion by Councilman Strong, the Sewer Service
User Charge was referred to the Budget Review and Finance Committee;
and the staff was directed to provide the Committee, at their next
meeting, with information regarding the amount of funds left in
the residual accounts and amount of property taxes to be received
from the County.
CONSENT CALENDAR
The
(a)
(b)
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 56 to 644,
inclusive, in the amount of $645,563.52.
Claim for Damages from Insurance Company
of North America, 1285 West Shaw Avenue,
Fresno, California, on behalf of
Montgomery Drilling Company. (Re£er to
City Attorney)
(c)
Claim for Damages from Ray Catulli, 6012
Almendra Avenue, Apt. D, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Damages from Timothy Wayne
Campbell, c/o South Bay College of
Business, 1725 Beverly Boulevard, Los
Angeles, California. (Refer to City
Attorney)
(e)
Grant of Easement from Hisato Kinoshita,
providing the City with necessary right-
of-way to construct and maintain a
sanitary sewer trunk line located along
Panama Lane between Stine Road and South
"H" Street.
(f)
Street Right-of-Way Deed from Church of
God Trust, providing return along Stine
Road between Planz Road and White Lane.
(g)
Street Right-of-Way Deed from Theresa M.
Tallone, Rosie Actis and Telmo Actis,
£or Real Road and Wilson Road as required
for Parcel Map No. 5179, located at north-
west corner of said streets.
(h)
Storm Drain Easement from Tenneco Realty
Development Corporation over Parcel Map
No. 5337 and Parcel Map No. 5410, located
south of North Half Moon Drive between
Ashe Road and Barrington Street.
260
Bakersfield, California, August 8, 1979 - Page 5
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(P)
Road Easement from Tenneco Realty Develop-
ment Corporation for Barrington Street
adjacent to Parcel Map No. 5410, south of
North Half Moon Drive and west of Ashe
Road.
Map of Tract No. 3829 "B" and Improvement
Agreement with Loma Vista Construction
for construction of improvements therein,
located south of Fairview Road and west
of South "H" Street.
Improvement Agreement for Parcel Map No.
5179 with American West-Lands Company
and Lawton Powers, Inc., for construction
of improvements required by the Planning
Commission, located at the northwest
corner of Real Road and Wilson Road.
Notice of Completion and Acceptance of
Work on improvements in Tract No. 4011,
located at Ming Avenue and Gosford Road,
Contract No. 78-86 with Tenneco Realty
Development Corporation.
Application for Encroachment Permit from
Carlos Amado, 300 Kentucky Street, for
construction of a building front extending
6" into the right-of-way along Alta Vista
Drive at the southeast corner of Alta
Vista Drive and Lake Street.
Application for Encroachment Permit from
Bakersfield Sandstone Brick Company,
P.O. Box 866, for construction of a 6
foot high, chain link redwood mesh fence,
5 foot behind flowline of future curb
around the perimeter of Block 226 and
Block 240, Kern Division. These blocks
are between Inyo Street and Tulare Street
from Alpine Street to Chico Street. The
Public Works Department recommends approval
of the application with the condition that
the redwood slats are omitted in a corner
cutoff area approved by the Traffic Engineer.
Plans and Specifications for construction
of Truxtun Avenue between Gosford Road and
City Corporation Yard and Gosford Road
between Stockdale Highway and Truxtun
Avenue.
Resolution No. 63-79 of the Council of
the City of Bakersfield initiating pro-
ceedings for annexation of territory to
the City of Bakersfield identified as
Proceeding No. 704, Annexation No. 278
(Stockdale No. 11), in accordance with
LAFCO Resolution making determination.
This resolution sets the date of hearing
for Wednesday, September 12, 1979.
Bakersfield,
California, August 8, 1979 - Page 6
261
(q)
Upon
(d), (e), (f),
and (q) of the
roll call vote:
Ayes:
Noes:
Absent:
Request from R. A. Agabashian, Real Estate
Associates Investment and Development
Company, on behalf of Violet Hale for
annexation and amendment to the General
Plan for property beginning on the south-
west corner of Panama Lane and Wible Road,
west to southeast corner of Panama Lane
and Stine Road, south to the Arvin-Edison
Canal, east to Wible Road and north of
Panama Lane. (Refer to Planning Com-
mission for study and recommendation)
a motion by Councilman Miller, Items (a),(b),
(g), (h), (i), (j), (k), (1), (m), (n), (o),
Consent Calendar,
(c),
(p)
were adopted by the following
Councilmen Miller, Payne, Strong, Christensen,
None
Councilmen Ratty, Barton
ACTION ON BIDS
Upon a motion by Councilman Christensen,
Means
bid o£ Valley
Tree and Construction for demolition and removal of structures at
eight locations, was accepted.
Upon a motion by Councilman Payne, bid of John Gordon
for School Crossing Guard Program, was accepted and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Means, low bids of Halprin
Supply Company and Wardlaw Fire Equipment for face pieces, regulators,
breathing apparatus and bottles for the Fire Department, were
accepted and all other bids rejected.
Upon a motion by Councilman Payne, low bid of Traconex,
Inc., for controller and cabinet assembly, was accepted and all
other bids rejected.
Upon a motion by Councilman Christensen, bid of Jim Burke
Ford for 1979 Model Pickup Trucks and Van, was accepted and budget
transfer from Council Contingency Fund to Account No. 11-451-7200,
in the amount of $769.00, was approved.
262
Bakersfield, California, August 8, 1979 - Page 7
DEFERRED BUSINESS
Adoption of Ordinance No. 2512 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
easterly of Stine Road, between Planz
Road and White Lane.
The application for this amendment was made by Jerry E.
Vancuren, Agent for John Gibson, and would change subject properti.~s
from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling)
and R-2-D (Limited Multiple Family Dwelling - Architectural Design)
Zones.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2512 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 easterly of Stine Road, between Planz Road and White Lane,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes: Councilmen Miller, Payne, Strong, Christensen, Means
Noes: None
Absent: Councilmen Ratty, Barton
Adoption of Ordinance No. 2513 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 east
side of Barrington Street, between
Nottingham Lane and Half Moon Drive
and making findings in connection
with P.U.D. Zone.
The application for this amendment was made by Rodney R.
Brown and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2513 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
263
Bakersfield, California, August 8, 1979 -Page 8
Code changing the Land Use Zoning of that certain property located
on the east side of Barrington Street, between Nottingham Lane and
Half Moon Drive and making findings in connection with P.U.D. Zone,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes: Councilmen Miller, Payne, Strong, Christensen, Means
Noes: None
Absent: Councilmen Ratty, Barton
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending portions of Title 13 including
Chapters 13.01 and 13.56 adopting by
reference the Uniform Electrical Code,
and the National Electrical Code, 1978
Edition.
This ordinance updates the existing Municipal Code to
incorporate the 1979 Edition of the Uniform Electrical Code and
the 1978 Edition of the National Electrical Code.
Upon a motion by Councilman Payne, first reading was
considered given an Ordinance of the Council of the City of
Bakersfield amending portions of Title 13 including Chapters 13.01
and 13.56 adopting by reference the Uniform Electrical Code, and
the National Electrical Code, 1978 Edition; public hearing on said
matter was set for Wednesday, September 12, 1979 at 8:00 P.M.; and
the City Clerk was directed to cause Notice of Hearing to be
published in the Bakersfield Californian for two successive weeks
(August 15, 1979 and August 22, 1979).
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 east side
of Olive Street, between Palm Street
and Dracena Street.
The application for this amendment was made by Marshall
J. Williams, Sr. and would change subject properties from an R-3
(Limited Multiple Family Dwelling) Zone to a C-O-D (Commercial and
Professional Office - Architectural Design) Zone.
264
Bakersfield, California, August 8, 1979 - Page 9
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 east side of Olive Street,
between Palm Street and Dracena Street.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property located on the southeast
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 Peter P.
Mosesian and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.C.D. (Panned 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 southeast corner of Oswell
Street and Bernard Street, approving the Preliminary Development
Plan and making findings in connection with P.C.D. Zone.
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 northwest
corner of Real and Wilson Roads,
approving the Preliminary Develop-
ment Plan and making findings in
connection with P.C.D. Zone.
The application for this amendment was made by Rosie
Actis and would change subject property from an R-1 (One Family
Dwelling) Zone to a 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 northwest corner of Real and
Bakersfield, California, August 8, 1979 - Page
265
and Wilson Roads, approving the Preliminary Development Plan and
making findings in connection with P.C.D. Zone.
Adoption of Resolution No. 64-79 of
the Council of the City of Bakers-
field calling a Special Municipal
Election to be held on Tuesday, the
6th day of November, 1979, sub-
mitting to the voters residing within
the territory designated as City of
Bakersfield Annexation No. 273
(Union Avenue No. 9), the question
of whether the order of annexation
shall be confirmed.
Upon a motion by Councilman Miller, Resolution No. 64-79
of the Council of the City of Bakersfield calling a Special Muni-
cipal Election to be held on Tuesday, the 6th day of November,
1979, submitting to the voters residing within the territory
designated as City of Bakersfield Annexation No. 273 (Union Avenue
No. 9), the question of whether the order of annexation shall be
confirmed, was adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Strong, Christensen, Means
Noes: None
Absent: Councilmen Ratty, Barton
Adoption of Resolution No. 65-79 of
the Council of the City of Bakers-
field requesting the Board of Super-
visors of the County of Kern to order
the consolidation of a Special Muni-
cipal Election submitting to the
electors residing within the terri-
tory designated as City of Bakersfield
Annexation No. 273 (Union Avenue No.
9), the question of whether the order
of annexation shall be confirmed, with
the Consolidated Special State-Wide
Election to be held on Tuesday,
November 6, 1979, and setting forth
the exact form of the question to be
voted upon at such election as the
same is to appear on the ballot.
Upon a motion by Councilman Christensen, Resolution No.
65-79 of the Council of the City of Bakersfield requesting the
Board of Supervisors of the County of Kern to order the consoli-
dation of a Special Municipal Election submitting to the electors
residing within the territory designated as City of Bakersfield
266
Bakersfield, California, August 8, 1979 - Page ll
Annexation No. 273 (Union Avenue No. 9), the question of whether
the order of annexation shall be confirmed, with the Consolidated
Special State-Wide Election to be held on Tuesday, November 6,
1979, and setting forth the exact form of the question to be voted
upon at such election as the same is to appear on the ballot, was
adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Strong, Christensen, Means
Noes: None
Absent: Councilmen Ratty, Barton
Approval of Agreement with William
L. Main, Inc., DBA Security Transport,
for transporting prisoners by air.
Upon a motion by Councilman Payne, Agreement with William
L. Main, Inc., DBA Security Transport, for transporting prisoners
by air, was approved and the Mayor was authorized to execute same.
Approval of Cooperative Agreement
with the County of Kern for con-
struction of the Coffee Road Bridge
(Gosford Road Extension) at the
Kern River.
Upon a motion by Councilman Means, Cooperative Agreement
with the County of Kern for construction of the Coffee Road Bridge
(Gosford Road Extension) at the Kern River, was approved and the
Mayor was authorized to execute same.
Approval of 1979-80 Community
Development Block Grant Agreement
and request for release of funds
with the Department of Housing and
Urban Development
The Department of Housing and Urban Development has re-
viewed the City of Bakersfield's 1979 Fiscal Year Application for
Community Development Block Grant Funds and has approved the
submitted activities and projects. Prior to the release of funds
by HUD, a Grant Agreement must be executed by the City.
In answer to a question by Councilman Strong, Associate
Planner Gonzales stated all projects will be brought back to the
Council for approval.
Bakersfield, California, August 8, 1979 - Page
12
267
Upon a motion by Councilman Christensen, 1979-80
Community Development Block Grant Agreement and request for release
of funds with the Department of Housing and Urban Development, was
approved, the Mayor was authorized to execute same and the staff
was instructed to carry out the approved activities.
HEARINGS
This is the time set for continued hearing before the
Council on an Appeal by Ronald Tom, regarding the Planning Com-
mission's denial of his request for a roo£ sign for the Oriental
Express Restaurant located at 4612 American Avenue.
The Planning Commission denied the request for a 4' x 8'
interior illuminated roof-mounted sign in a D-Overlay Zone for the
Oriental Express Restaurant located at 4612 American Avenue.
This hearing was continued from the Council Meeting of
July 25, 1979, in order to provide time for each Councilman to
visit the site prior to making a decision, and also provide time
for the staff to evaluate the cost involved in making the sign
conform or relocating it and determining how much of a hardship
it will place on this business.
Mayor Hart declared the hearing open for public partici-
pation.
Mrs. Diana Tom, representing her husband Ronald Tom
owner of the Oriental Express Restaurant, requested that the
Council approve the sign.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Hart declared the public portion
of the hearing closed for Council deliberation and action.
Upon a motion by Councilman Payne, decision of the
Planning Commission denying the request of Ronald Tom for a roof
sign for the Oriental Express Restaurant located at 4612 American
Avenue, was upheld and a two year grace period to either remove
the sign or conform to the Sign Ordinance, was approved by the
268
Bakersfield, California, August 8, 1979 - Page 13
following roll call vote:
Ayes: Councilmen Miller, Payne,
Noes: None
Absent: Councilmen Ratty, Barton
This is the time set for
Strong, Christensen, Means
hearing before the Council on
an Appeal by Heath & Company and Bob's Big Boy Restaurant,
regarding the Planning Commission's denial of their request for a
pole mounted sign for Bob's Big Boy Restaurant located at 3400
Wilson Road.
The Planning Commission denied the request for a
8'4" x 13' interior illuminated 35-foot high pole mounted sign
for Bob's Big Boy Restaurant located at 3400 Wilson Road.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. ,John Barringer, Director of Property Development for
Bob's Big Boy Restaurants, 1001 East Colorado Street, Glendale,
California, stated it is important to their business to have a
sign that can be seen from the freeway and requested that the
Council grant the sign.
No protests or objections being received and no one
else wishing to speak in favor, Mayor Hart closed the public
portion of the hearing for Council deliberation and action.
After discussion, upon a motion by Councilman Miller,
request of Bob's Big Boy Restaurant for a 8'4" x 13' interior
illuminated 35-foot high pole mounted sign at 3400 Wilson Road,
was approved by the following roll call vote:
Ayes: Councilmen Miller, Payne, Strong, Means
Noes: None
Absent: Councilmen Ratty, Barton
Abstaining: Councilman Christensen
Councilman Christensen abstained from voting because he
has mixed emotions about this and feels the Sign Ordinance Committee
should be reinstated to correct many of the errors in that ordinance.
Bakersfield,
California, August
269
8, 1979 - Page 14
This is the time set for public hearing before the
Council regarding consideration of opening the entrance to the
Landfill at Panorama Drive to traffic both ways.
Mayor Hart declared the hearing open for public partici-
pation.
Dr. Owen Haig, 3409 Panorama Drive, objected to the land--
fill entrance being opened to traffic both ways because Panorama
Drive has become a very busy street, City trucks egressing from
the landfill use excessive speed and the amount of trash dropped
on the streets.
Mr. Arthur Rockoff, resident of the area, objected to
the landfill entrance being opened to traffic both ways due to
increased traffic, risk to people (especially children) living in
the area and trash dropping off trucks.
Mr. Robert Johnston, resident of the Rio Bravo area,
objected to the trash on the streets from vehicles using the land-
fill.
No further protests or objections being received and no
one wishing to speak in favor, Mayor Hart closed the public portion
of the hearing for Council deliberation and action.
Councilman Miller stated that due to the fuel shortage
and additional expense of driving to the landfill entrance, he
would make a motion that the staff conduct a study regarding the
total impact (patrolling littered areas and citing individuals,
traffic on streets versus residents, etc.) of opening the dump
site for a limited period of time.
Councilman Christensen requested the staff to research
the minutes for the statement Dr. Haig said he made at the hearing
on the entrance to the landfill held a couple years ago.
In answer to a question by Councilman Christensen,
Director of Public Works Hawley stated he would estimate that the
present landfill will continue to be used for up to three years.
270
Bakersfield, California, August 8, 1979 - Page 15
It should also be pointed out that the land£ill is City property,
but it is actually operated by the County of Kern.
After considerable discussion, Councilman Miller with-
drew his original motion and offered another motion that the
subject of opening the landfill entrance on Panorama Drive to
traffic both ways be referred to the staff for study and recom-
mendation.
Councilman Payne offered a substitute motion that the
matter of opening the landfill entrance on Panorama Drive to
traffic both ways, be referred to the County for study and recom-
mendation back to the Council and at that time a decision can be
made whether or not to pursue the matter any further. The
substitute motion carried by the following roll call vote:
Ayes: Councilmen Miller, Payne, Strong, Christensen, Means
Noes: None
Absent: Councilmen Ratty, Barton
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in the following matter
and in the absence of Vice-Mayor Barton he yielded the chair to
senior Councilman Strong.
This is the time set for public hearing before the Council
regarding request by Warner Cable Corporation to grant a franchise
within the City Limits of Bakersfield, to use or construct and use,
poles, wires, cables, conduits and appurtenances for the purpose of
transmitting and distributing electricity and electrical impulses
and signals for television and/or radio purposes, namely, to
produce reproductions of sights and sounds to the residents of the
City of Bakersfield, under, along or upon any or all public streets,
ways, alleys and places of the City of Bakersfield as the same now
exist or hereafter exist.
This hearing has been duly advertised.
Bakersfield, California, August 8,
1979 - Page 16
271
A letter was received from Pacific Telephone Company,
dated August 8, 1979, requesting changes in Sections 7 and ll of
the proposed ordinance.
Councilman Strong declared the hearing open for public
participation.
Mr. Tom LaFourcade, General Manager of Warner Cable of
Kern County, distributed copies of amendments they would like to
make to Sections 7 and 9 of the proposed ordinance granting a
nonexclusive franchise to Warner Cable. One amendment represents
the establishment of educational access and public access channels
at the time the system is capable of carrying 35 channels, which
will be at some future date. The other amendment is a slight
modification that opens services and rates for negotiation in the
event Warner ever becomes the only franchise in the City of
Bakersfield. Mr. LaFourcade outlined the reasons they made an
application for a franchise in the Rio Bravo area and requested
that the Council grant the request.
County,
the franchise ordinance.
necessary. Request No.
no objection to it. Mr.
Mr. Bruce Bunker, Attorney for Warner Cable of Kern
discussed Pacific Telephene's request for amendments to
Request No. I does not appear to be
2 is a technical change and Warner has
Bunker then read the two amendments to
Sections 7 and 9 of the proposed franchise ordinance requested by
Warner Cable:
Add a new Paragraph 7(e) and 7(£) as follows:
(e) At such time as the Grantee has installed
components capable of providing, when coupled
with a suitable converter at the subscriber
terminal, not less than thirty-five (35)
channels of video signals throughout its
entire CATV system situated within the franchise
area, the Grantee shall, subject to the pro-
visions hereafter set forth, dedicate one (1)
such channel for educational use and one (1)
such channel for public access. As used herein,
"educational use" shall mean the providing of
instructional materials only, and "public
access" shall mean the right of the public,
272
Bakersfield, California, August 8, 1979 - Page 17
whether or not represented by a private or
public organization or a governmental body,
provide program~ning on matters of general
interest to the public.
to
(f) To the extent that either of the channels
required by the foregoing paragraph are not
utilized for the specified purpose or purposes,
the Grantee shall have the right to utilize
such channel or channels for commercial purposes.
In the event either of such channels is not
used for the specified purpose or purposes for
a continuous period of ninety (90) days, the
Grantee shall, as to such channel or channels,
be relieved thereafter from the duty to reserve
such channel or channels for the purpose speci-
fied for such channel or channels.
The originally proposed Section 9 will become
Paragraph (A), add a new (b) as follows:
(b) In the event the Grantee acquires all other
CATV franchises operating within the franchise
area and thereby becomes the only grantee
operating a CATV system within the franchise
area, the power and right reserved to the City
Council by the foregoing paragraph shall
expressly be deemed to include the right, but
not the obligation, to establish reasonable
rules and regulations pertaining to rates and
charges by the Grantee and the technical
performance standards applicable to the
Grantee's operation of its CATV system within
the franchise area, provided the same are not
in conflict with any law, rule or regulation
of the State of California or the United
States or any regulatory agency thereof.
Mr. Bunker stated that Warner is attempting to provide,
at such time as the entire system is capable of delivering 35
channels, one channel for educational purposes and one channel for
public access. The second paragraph simply recognizes an experience
Warner had earlier with a public access channel that was not used.
This paragraph gives Warner the right to use the public or educa-
tional access channels for commercial purposes if they are not
used for a continuous period of 90 days for the specified purposes.
City Attorney Hoagland suggested that the 90 day termina-
tion date not be included in the ordinance. In regards to Pacific
Telephone's request for amendments: request No. 1 is covered in
Section 9 and not needed; and the language in request No. 2 should
not be included in the ordinance.
Bakersfield, California, August 8, 1979 - Page 18
273
Councilman Miller stated, in regards to Section 7, it
was the feeling of the committee that the language was adequate.
The reason the amendments to Sections 7 and 9 were prepared is so
therewould be specific language in the ordinance. Individuals in
the community, specifically the educational community, wanted to
have the opportunity, when channels are available, to have educa-
tional and public access channels.
City Attorney Hoagland stated he is not as concerned
with the 90 days as he is with the possibility of reopening the
issue. Section 9 is general language that the Council may establish
rules and regulations governing the operations of the system.
However, this is specific language and even though terminated, if
conditions warrant, some language should be in the ordinance that
a reopening could be considered, whether on a mutual basis or
whatever basis.
After discussion, Mr. Bunker stated that both he and
City Attorney Hoagland have come to an agreement as to how this
problem can be solved. Language can be added to Section ? Sub-
paragraph (f) specifically recognizing that under the powers given
under Section 9 that the Council can, upon showing good cause and
upon notice, require the reinstatement of one or both channels if
they have otherwise been terminated.
Mr. Martin Davis, homeowner of Phase I of the Rio Bravo
condominiums, presented a petition signed by 61 owners and residents
of the area requesting the Council's immediate attention and action,
tonight, by providing cable television service to their area.
Mr. Don Murfin, Assistant Superintendent of the Kern
High School District, stated he was speaking as an individual
tonight, not representing the Kern High School District and apologized
for not entering into this matter earlier. Mr. Murfin stated they
have two basic concerns; (1) that at some future date there will be
35 channels so there is an opportunity for educational programs in
274
Bakersfield, California, August 8, 1979 - Page 19
this area; and (2) that one or more of the channels be reserved,
free of charge, for educational institutions in this area so that
public broadcasts can be made. Mr. Murfin requested that the
Council consider delaying this matter for a short time to give
the school districts an opportunity to review the language con-
tained in the franchise pertaining to the educational and public
access channels.
Dr. Kenneth Fahsbender, Assistant Chancellor of the Kern
Community College District, stated this franchise just came to
their attention last week and they have not had sufficient time
for review and requested that the Council delay approving it.
Ruth Gelman outlined the complicated procedure that went
into drafting the franchise and requested that the Council delay
granting it until all interested parties have had an opportunity
to review it. Ms. Gelman suggested numerous amendments to the
proposed franchise.
City Attorney Hoagland stated that numerous things have
been suggested to be added to the franchise ordinance that the
Council would not want in there. The reason the Council would not
want them in there is because they are not changeable. As long as
the Council reserves the rights and powers to regulate, as conditioi~s
change, then they would not want to be limited by language which
limits the City not only in the franchise, but in other areas.
The more that is put into a franchise ordinance the more the Council
will be limited later in other areas. That was the thought in
drafting this ordinance. City Attorney Hoagland also stated he
is absolut. ely certain the City has reserved enough powers in this
ordinance to meet situations as they develop in this franchise.
Mr. Howard Channell, General Manager of Bakersfield
Cable TV, stated this franchise does not have to be granted to
serve the people of the Rio Bravo area, because Bakersfield Cable
TV already has the franchise to serve that area. Bakersfield
Bakersfield, California, August
8, 1979 - Page 20
275
Cable TV feels it is very unfair to grant this franchise to Warner
Cable because they have provided cable service to every new area in
the northeast.
Mr. Arthur Rockoff, City resident, stated a short delay
should be granted before adopting the franchise so that the City
Attorney can review the proposed amendments.
Dr. Owen Haig, City resident, addressed the Council
regarding the poor quality of service provided by Bakersfield Cable
TV.
Mr. Robert Johnston, resident of Rio Bravo, stated a
reputable firm is trying to serve their area and requested that
the Council grant the franchise.
Mr. Brice Sholar, representing Nickel Enterprises, stated
Warner Cable has indicated they can supply service immediately and
they have had little response from Bakersfield Cable TV.
Sholar requested that the Council take action, as soon as possible,
because it is important that this area receive good service.
In answer to a question by Councilman Strong, City
Attorney Hoagland stated that the public hearing could be reopened
by the Council.
No further protests or objections being received and no
one else wishing to speak in favor, Councilman Strong closed the
public portion of the hearing for Council deliberation and action.
Councilman Miller asked City Attorney Hoagland if a
consensus had been reached with regards to the language in the
amendments to Sections 7 and 9 of the proposed franchise ordinance.
City Attorney Hoagland stated there is no problem.
Councilman Miller stated he is opposed to postponing this
matter any longer and made a motion that the franchise be granted
to Warner Cable Corporation.
Councilman Means stated he is opposed to granting the
franchise, at this time, because there are a tremendous number of
276
Bakers£ield, California, August 8, 1979 - Page 21
areas that should be dealt with before taking action; and offered
a substitute motion that this matter be referred back to the
Business Development and Parking Committee for further input from
the public and Council, and an investigation be made of the questiorts
raised tonight and come back to the Council at the meeting of
August 29, 1979, with recommendations for a final document that
can be acted upon.
In answer to a question by Councilman Strong, City Attorney
Hoagland advised the Council that tonight should be considered
first reading of the ordinance with any changes that were submitted
at the hearing. Changes may be made in the ordinance any time up
to and including the time the motion is made to adopt, if the
majority of the Council so desires.
After considerable discussion Councilman Means withdrew
his substitute motion.
Councilman Miller's motion that the franchise be granted
to Warner Cable Corporation, failed to carry by the following roll
call vote:
Ayes: Councilmen Miller, Payne
Noes: Councilmen Strong, Christensen, Means
Absent: Councilmen Ratty, Barton
Upon a motion by Councilman Payne, first reading was
considered given an Ordinance of the City o~ Bakersfield granting
the nonexclusive right, privilege and franchise to lay and use
lines, wires, coaxial cable and appurtenances for transmitting,
distributing and supplying radio and television antenna service
along, across and upon the public streets, ways, alleys and places
within a designated service area of said City of Bakersfield; and
the next three weeks, until the Council Meeting of August 29, 1979,
be utilized to clarify the language in the ordinance so there will
be no further delay to the parties involved. This motion carried
Bakersfield, California, August 8, 1979 - Page 22
277
by the following roll call vote:
Ayes: Councilmen Miller, Payne, Strong, Christensen, Leans
Noes: None
Absent: Councilmen Ratty, Barton
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 12:20 A.M.
MA O' f th~ersfield,
ATTEST:
of the (Yity of~Baker~ield, California
ma
Council
Calif.
278
Bakersfield, California, August 29, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., August 29, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Director of Public
Works Dale Hawley.
The City Clerk called the roll
Present: Mayor Hart.
as follows:
Councilmen Payne, Ratty, Strong,
Christensen, Means,
Absent: None
Minutes of the
approved as presented.
regular meeting of August 8,
Barton,
Miller
1979 were
PRESENTATION OF "PHIL C. PIFER" AWARD
Mayor Hart presented the "Phil C. Pifer" Award, for an
act of valor, to 15 year old Jeffery A. Colbert for saving the life
of a 17 month old child from fire. Jeffery was injured during the
rescue and required skin grafts and other treatment.
SCHEDULED PUBLIC STATEMENTS
Mrs. Mary Alice Kessinger, Secretary of the Sister City
Project Corporation, stated the City of Bakersfield's Sister City
Program is the recipient of one of the 17th Annual Sister City
Awards, sponsored by the Reader's Digest Foundation, for the Best
Single Project. As their major project for 1978, the Bakersfield
Sister City Corporation sponsored a combination exchange of students,
art, music and sports which were designed to create better under-
standing and appreciation of Wakayama, Japan. Mayor Hart accepted
the award on behalf of the City of Bakersfield.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Tenneco Realty Development Corporation, dated August 9, 1979,
regarding revised General Plan for the State College Area, was
received, ordered placed on file and referred to the Planning
Commission.
Bakersfield, California, August 29, 1979 - Page 2
279
Upon a motion by Councilman Ratty, communication from
Avon Wonderly, 2301 East Hills Drive, dated August 14, 1979,
requesting that the Council approve Brock's development in the
northeast area of Bakersfield, was received and ordered placed on
file.
Upon a motion by Councilman Barton, communication from
the Downtown Business Association, dated August 22, 1979, was
received, ordered placed on file and read into the record as
follows:
Honorable Mayor and City Council
1501Truxtun Avenue
Bakersfield, California 93301
Gentlemen:
The Board of Directors of the Downtown Business
Association wish to express our appreciation to
the Council for directing the Redevelopment
Agency to engage Quad Consultants to prepare a
comprehensive parking study for the Downtown
area last year.
We feel the report, recently completed, presented
an in-depth analysis of our Downtown parking
problems and offered realistic recommendations
for possible solutions. We are pleased to be
presently working with the Council toward the
implementation of some of these recommendations
made by Quad in the final report of the parking
study, and urge the Council to retain Quad
Consultants to assist and advise us in this
endeavor.
Very truly yours,
DOWNTOWN BUSINESS ASSOCIATION
Skip Witham, President
Upon a motion by Councilman Christensen, communication
from Mr. & Mrs. Albert Philips, dated August 24, 1979, requesting
the Council to hear an Appeal regarding the Planning Commission's
denial of their request for a roof sign on Grandma's Trunk (Antique
Shop), located at 1115 "H" Street, was received and Wednesday,
September 19, 1979, was the date set for hearing the appeal.
COUNCIL STATEMENTS
Councilman Payne read a letter he received from Michael
C. Tivnon, M.D., dated August 13, 1979, regarding the traffic
2:80
Bakersfield, California, August 29, 1979 - Page 3
hazards at the intersection of Montalvo Drive and Kroll Way which
resulted in the death of a five year old child and requested that
the City correct the problem. Councilman Payne stated he has
received approximately 40 complaints regarding this intersection.
Councilman Payne requested that the staff respond to the
complaints so the residents realize the matter is of great concern
to the City and everything legally possible is being done to
correct the situation; and the City Manager instruct the Police
Department to immediately enforce the speed limit in that area.
Councilman Payne stated there was a recent article in
the Bakersfield Californian that made reference to training in the
Police Department and that article contained quotes from a Police
Official that the City Council was going to be very surprised when
a $300,000 request was received for an extensive and comprehensive
training program, because as of that date money had not been
budgeted and the reason there was not an extensive training progr~
in the past was due to the reluctance of the City Council to fund
it. Councilman Payne stated he would like to set the record
straight; every member of the City Council is fully aware of the
need for an extensive training program. The Council did, in fact,
budget $300,000. The Council is now conducting an extensive survey
in cooperation with the Chief of Police, a consultant is being hired
to determine exactly where the major needs lie and what can be done
to improve the efficiency of the Police Department. The Council is
aware of the problem, the money is available and increased positions
have been given to the Police Department so the program can be
implemented.
Councilman Means stated that recently money has been
made available by the State Energy Commission to six cities to
investigate ways for financing to be made available for loans which
would enable homeowners to purchase solar hot water heaters.
Councilman Means made a motion that he and a staff member be
Bakersfield, California, August 29, 1979 - Page 4
authorized to meet with the other cities and return with a possible
recommendation as to whether the City should proceed with the other
cities in procuring and utilizing these funds. This motion was
unanimously approved.
Councilman Barton stated energy is a very important and
worthwhile topic and made a motion that the Council form a three
member Council Energy Committee and that the appointments be made
at the next Council Meeting. After discussion this motion was
approved with Councilman Ratty voting in the negative.
Councilman Ratty suggested that the Voucher Approval and
Energy Committee be combined into one committee.
REPORTS
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, presented Report No. 5-79 regarding Status of
Unification of City and County Fire Services in ~etropolitan
Bakersfield, as follows:
In mid June, 1979, the Bakersfield City Council
and the Kern County Board of Supervisors approved
a report submitted by the Intergovernmental
Relations Committee. This report made recom-
mendations concerning preliminary findings and
general policies to be followed in a joint City/
County venture to assess the feasibility of
unifying City and County fire services. The
adopted general policies related to the need
for sensitivity in making this assessment in
such a manner as the concerns of the two legis-
lative bodies involved, the concerns of the
public and the concerns of the fire services
employees would be given full consideration.
With this understanding of general policy, the
City Council and the Board of Supervisors
directed the City Manager and the County
Administrative Officer to undertake an evalua-
tion of the feasibility of unifying fire
services in the metropolitan Bakersfield area.
The Board and Council further directed that the
City and County staffs report back with a recom-
mended methodology for conducting the evalua-
tion of the feasibility of fire services unifi-
cation by July 31, 1979. This report back date
was subsequently extended to August 14, 1979.
During the interim since the action of the
Board and City Council in mid June the City
and County staffs have met on three different
282
Bakersfield, California, August 29, 1979 - Page 5
occasions and there has been one additional
meeting o£ the entire Intergovernmental Relations
Committee including Council members and Board
members. The purpose of this report is to share
the basic results of these meetings with the
full membership of the Board and City Council
and to make recommendations concerning the
method for proceeding with the fire services
unification.
The principal areas of difficulty in achieving
a unified fire service in Metropolitan Bakers-
field relate to the lack of thorough communi-
cation and planning between the City and the
County in the past. This is not mentioned to
place fault but, rather, to indicate the in-
creased emphasis which has been placed upon
the concept of fire services unification in
recent months. The principal problem areas
relate to the following topics:
Fire protection services: There are
varying degrees of fire services within the
metropolitan area and in some areas there is
an overlapping of City and County fire services.
Training: There has been a general lack
of coordinated training between the City and
the County. This will be largely addressed
when the planned City/County fire training
facility is constructed. There has already
been some improvement in coordinating training
activities during recent months.
Communications: There are different types,
between the City and the County, of radio com-
munications systems and procedures. The
unification of the City and County fire services
communications systems could yield great
advantages to both entities. There is also a
difference in fire fighting requirements between
the City and County departments. The City Fire
Department is organized and directed along
urban requirements and the County's Fire Depart-
ment relies on procedures which meet both urban
and rural fire fighting requirements. Accord-
ingly, the two departments have different types
of equipment.
There are differences in the salaries and
benefits of the City and County fire fighting
employees.
As can be readily noted, the majority of these
concerns relate to the fire services employees
and to the training and resources those employees
utilize. The general concensus of those parti-
cipating in the meetings is that the resolution
of all problem areas, prior to implementing a
complete fire services unification, will not
be found immediately. The effort will likely
unfold over a period of months and years. For
this reason, it is believed that the unification
Bakersfield, California, August
29, 1979 - Page 6
283
of fire services on a cooperative basis must
precede the unification of fire services on a
formalized basis. A joint exercise of powers
agreement would be the best means of achieving
the cooperative unification of City and County
fire services.
An extremely important consideration to the
entire concept of fire services unification is
a well defined description of the metropolitan
Bakersfield area and of the fire protection
requirements, City and County, within that area.
A plan for fire protection services, emphasizing
the placement of fire stations, should be pre-
pared to cover both the incorporated and unin-
corporated territories within the metropolitan
area. The City of Bakersfield recently contracted
the preparation of such a plan, referred to as a
fire station location survey, from Public
Technology, Inc. (PTI). The availability of
such a survey would compliment both the short
and long-run planning requirements in achieving
the unification of fire services in metropolitan
Bakersfield. It is estimated that the cost of
such a plan would be between $15,000 and $20,000.
This could be covered in a joint powers agreement
with the understanding that neither the City or
the County would build additional fire stations
or change existing stations without mutual
review, comment, and reliance on the fire
station location survey that would result from
this estimated expenditure. The only exception
would be stations currently under construction.
In addition, the joint exercise of powers agree-
ment could cover the topics of training and
communications. It would be eminently desirable
if City and County fire personnel received
counterpart training to assure the abilities
to work well together and to mutually rely upon
unstandardized equipment and procedures. The
unification of fire services communication would
produce obvious advantages in facilitating
dispatch and the coordination of activities
between the two departments. It is believed
that both of these items could be covered with
relative ease, in a joint powers agreement. An
analysis of costs and benefits will be prepared
to insure the accuracy of this opinion.
Significant concerns have been expressed by
fire services employees concerning the possi-
bility of unification. Typically, these
concerns relate to the different benefits,
especially retirement, paid by the City and
County but, most assuredly, salaries will also
be an item for thorough discussion. Organiza-
tional identity is also a concern. It is the
opinion of the Intergovernmental Services
Committee that the employee organanizations
should be asked to participate in the fire
services unification discussions. This would
be a "meet and consult" rather than a "meet
and confer" process.
284
Bakersfield, California, August 29, 1979 - Page 7
In summary, a cooperative unification of City
and County fire services should produce fire
protection at a more cost effective level now.
There is a need to formalize a joint powers
agreement under which the topics of a fire
station location survey, training, and com-
munications would be covered. The immediate
result of the joint powers agreement would be
to strengthen existing mutual aid arrangements
between the City and County fire departments.
The agreement would also provide that the City
and County would not construct additional fire
stations or change existing ones without mutual
review, discussion and application of the
metropolitan area fire stations location survey.
The only exceptions would be those stations
which are now in the process of construction.
In addition, the employee organizations should
be included in this unification process at a
relatively early date in order to gain necessary
input from the employees.
If the Board and the City Council concur; IT
IS RECOMMENDED
That the City and the County Administrative
Officer, in cooperation with affected City
and County staff, report back with a joint
powers agreement within a period of 60-90
days.
That the City Manager and County Adminis-
trative Officer be authorized to include
the affected employee organizations in
order to gain employee input into the
unification process.
Director of Fire & Development Services Needham stated
that the Council should be made aware that before a joint powers
agreement can be drafted, studied and acted upon there must be a
composite fire station location survey that includes the City and
all unincorporated urban areas surrounding the City. The Board of
Supervisors questioned the need of an outside firm conducting the
study because they felt the staff could do it. Mr. Needham stated
he £elt, because two governmental entities are involved, an outside
organization would be impartial and conduct a more objective study.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 5-79 regarding Status of Unification
of City and County Fire Services in Metropolitan Bakersfield, was
accepted; and recommendations as outlined in the report, were
approved.
Bakersfield, California, August 29, 1979 - Page 8
285
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 6-79 regarding Recommendation
of a Downtown Parking Lot Physical and Functional Modifications,
Changing Parking Fees, as follows:
The Committee, as the result of several meetings,
and after due consideration, makes the following
recommendations for adoption by the Council:
Recently the Police Department has taken
steps to more completely enforce laws
regarding short-term and long-term parking
in the downtown area by assigning the
Community Service Technicians to specifically
enforce parking laws as a primary function,
and remove other non-parking related tasks
from their daily work. In addition, a
Community Service Technician has recently
been assigned to enforce the short-term
parking provisions of the law.
o
The Committee has also made a thorough study
of municipally-owned parking lots in the
downtown area with regard to increased
parking and parking meter rates.
As a result of this study, the Committee
recommends that the Council direct staff
to proceed with physical and funcational
modifications of various City-owned lots
by: l) Purchasing parking meter modifi-
cation kits to accept new parking fee rates,
and 2) Modifying the physical layout of
various lots as follows:
a. 18th and "K" Streets - Modify the
parking meters as follows:
i Hr. $0.10
2 Hrs. 0.20
10 Hrs. 1.00
Total cost of modification - $6,400.
20th and "L" Streets - Install parking
meters with the capability of accepting
the following rates:
1 Hr. - $0.05
2 Hrs. - 0.10
l0 Hrs. - 0.50
In addition, modify the existing pattern
to accommodate 20 additional parking
spaces. Total cost of modification
$10,400.
Co
22nd and "Eye" Streets - Add parking
meters with the capability of accepting
the following rates:
286
Bakersfield, California, August
29, 1979 - Page 9
1 Hr. - $0.05
2 Hrs. - 0.10
10 Hrs. - 0.50
In addition, modify the existing parking
pattern to accommodate ten additional
parking spaces. Total cost of modifi-
cation-S12,100.
17th and "G" Streets - Modify the
parking meters so as to accept the
following rates:
1 Hr. - $0.10
2 Hrs. - 0.20
10 Hrs. - 1.00
In addition, modify the existing pattern
to accommodate two additional parking
spaces. Total cost of modification -
$4,350.
eo
Truxtun and "Eye" Streets - Modify the
parking meters so as to accept the
following rates:
I Hr. - $0.10
2 Hrs. - 0.20
l0 Hrs. - 1.00
In addition, modify the existing parking
pattern to accommodate 13 additional
parking spaces. Total cost of modifi-
cation - $9,200.
With respect to the foregoing recommendations,
the associated summary of costs per location
is as follows:
LOT
ADDI- COST OF METER
TIONAL CONSTRUC- MODIFI- TOTAL
SPACES TION CATION COST
a. 18th & "K" None None
b. 20th & "L" 20 $5,600
c. 22nd & Eye 10 500
d. 17th & "G" 2 50
e. Truxtun & Eye 13 4,000
$ 6,400 $ 6,400
4,800 10,400
ll,600 12,100
4,300 4,350
5,200 9,200
TOTAL ............. $42,450
If authorized by City Council, the $42,450
expenditure will be paid out of the Parking
Authority Fund, whose revenues are derived
solely from municipal lots. At the present
time there is approximately $70,000 in the
Parking Authority Fund.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 6-79 regarding Recommendations of
a Downtown Parking Lot Physical and Functional Modifications,
Bakersfield, California, August 29, 1979 - Page 10
287
Changing Parking Fees, was accepted; recommendations as outlined
in the report, were approved; and expenditure of $42,450 out of
the Parking Authority Fund to make the recommended changes, was
approved.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 4-79 regarding Sewer Service
User Fees, Request of the Mayor's Committee for the Employment of
the Handicapped and Bad Check Charge, as follows:
Sewer Service User Fees
At the August 8th City Council meeting, Council-
man Strong requested this matter be referred
to this Committee due to a number of questions
he had regarding these proposed fees. The
Committee has met with the staff and discussed
the requirement for the fee and how the various
fees were determined. We feel that all of the
questions and areas of concern were answered
to our satisfaction.
Mayor's Committee for the Employment of the
Handicapped.
In June, Joy Peugh, Senior Vice-Chairman of
the Mayor's Committee for the Employment of
the Handicapped appeared before the City
Council and outlined the activities and
objectives of the Committee and requested
financial support. This request was referred
to this Committee. Representatives of the
Mayor's Committee have met with the staff and
have indicated they are requesting financial
support for a "Job Fair" they are planning
in October. In addition, the Chairman of the
Budget Review and Finance Committee has dis-
cussed this matter with one of the Committee's
representatives. As a result of these dis-
cussions, it is this Committee's feeling this
organization should first exhaust other avenues
of funding that may be available to them and
the City staff should assist them where possible
in making these contracts.
Bad Check Charge
In the last three fiscal years, the City has
received approximately 100 checks in payment
for various fees and services which have been
returned by the banks due to insufficient funds.
This procedure required both from an accounting
and collection standpoint may often involve up
to one-half hour's time. This Committee does
not feel the City should have to absorb these
costs and therefore, recommends the Council
approve a charge of $5.00 for all checks re-
turned due to insufficient funds.
Bakersfield, California, August 29, 1979 - Page
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 4-79 regarding Sewer Service User
Fees, Request of the Mayor's Committee for the Employment of the
Handicapped and Bad Check Charge, was accepted; and recommendations
as outlined in the report, were approved.
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 5-79 regarding 1979-80 Budget
Adjustments, Reserves and Bond Tax Rates, as follows:
Budget Adjustments
Convention Bureau and Private Refuse Collectors
In this Committee's report on the 1979-80
operating budget in June, it was indicated a
final recommendation regarding these two items
would be made at a future date pending further
discussions with representatives from these
respective organizations. Discussions have
been held, and the following are the Committee's
recommendations:
(1) Increase the City's contribution to the
Convention Bureau from $35,000 to $60,000. The
present amount was established in 1973 and we
are all aware of increased costs since that
time. The Committee has reviewed the Bureau's
past activities, budgets and future conventions
committed to Bakersfield. Since the inception
of the Bureau, the increase in conventions
coming to the area has increased significantly
with a corresponding influx of dollars to the
community. It is not possible for the Bureau
to continue at its present funding and operate
in an appropriate manner. The Bureau has al-
ready been forced to give up one employee as a
result of increased costs and absorb this work-
load, which decreased the effectiveness of the
other two employees, i.e. to service conventions
and obtain additional conventions.
The Committee is willing to recommend this in-
crease for the 1979-80 fiscal year, however,
we are concerned with the present dues structure
of the Convention Bureau. We understand a
committee has been established to revise and
update the dues schedule and we request that a
progress report be made during this fiscal year
as to the results of the revision.
(2) Increase the rate increase to the private
refuse collectors from 7% to 8% at an additional
cost of $7,500. The private collectors were
given a rate increase of 15% effective January
1979 which represented the first increase they
had received since July 1976. In order to
Bakersfield, California, August 29, 1979 - Page 12
289
enable these collectors to keep up with inflation
and the consumer price index an additional one
percent above the increase in the preliminary
budget is being recommended. We are now in the
process of developing a reporting mechanism
which will allow the City to more closely
monitor the cost effectiveness of the private
collectors' operations.
Emergency Sewer Repair at Chester and Brundage
At the July 25th Council Meeting, the Public
Works Director reported on the emergency sewer
line repair being made due to a pipe failure
in the main sewer trunk on South Chester, south
of Brundage Lane. The work is now completed at
a cost of approximately $53,500. Rather than
reducing the Council's Contingency account by
such a large amount so early in the fiscal year,
we would recommend adding this to the 1979-80
budget. Larger than originally anticipated
carryovers from 1978-79 will allow this.
Civic Auditorium Portable Staging
The Civic Auditorium budget includes $4,000 for
the purchase of four units of portable staging
which would be utilized to set up "head tables"
for dinners, conventions, etc. Presently, the
task of putting the sections currently on hand
together and taking them down requires about 24
man-hours which is done about 60 times per year.
However, in order to cover the width of the arena,
another six units are required. With these ten
units the entire task will only take about l½
man-hours, which would enable the Auditorium
Manager to utilize the employees for other
things and reduce future requirements for
temporary help and overtime. Considering the
frequency of use and savings in man-hours, the
Committee would recommend another $7,000 be
added to the budget to purchase these other
six units.
Reserves
At the budget hearing in June, the staff indi-
cated additional funds would be available than
indicated in the preliminary budget as a result
of additional property tax revenues and a
greater amount of unspent funds in departmental
budgets. As a result of this, City reserves
will be reduced by approximately $430,000 in
order to fund the present level of service
without a refuse collection charge.
The enactment of AB 8 now places more reliance
on property taxes for local government as a
source of revenue. Therefore, in order to en-
able the City to stay on a cash basis and meet
its obligations from July until property taxes
are distributed in December, the present level
of reserves are considered acceptable and we
would not recommend they be reduced below this
level.
290
Bakersfield, California, August 29, 1979 - Page 13
For the Council's information, estimated property
tax revenues for the 1979-80 fiscal year will
not be known until September or October as a
result of the complicated procedure the County
Auditor-Controller must go through to arrive at
this amount, due to the recently enacted AB 8.
However, the amount used in the attached
schedules are the best estimate available at
this time.
Bond Tax Rate
The City presently has three outstanding general
obligation bond issues -- 1961 Civic Auditorium,
1966 Municipal Improvement, Series A and 1966
Municipal Improvement, Series B. Proposition
13 excluded existing bonded indebtedness from
the $4.00 maximum tax rate. The City's total
assessed valuation for the 1979-80 fiscal year
is approximately $496,800,000 or $57,000,000
higher than 1978-79. This increase and the
final redemption of the 1959 Civic Auditorium
bonds in the 1978-79 fiscal year results in a
reduction of the bond tax rate from approximately
$.12~ to $.04 per $100 assessed valuation.
Therefore, this Committee recommends:
(1
Acceptance of this report.
Approval to adjust departmental budgets
as indicated in the report.
(3
Adopt the attached ordinance levying the
bond tax rates.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 5-79 regarding 1979-80 Budget Adjust-
ments, Reserves and Bond Tax Rates, was accepted; and adjustments
to departmental budgets as outlined in the report, were approved.
Adoption of Ordinance No. 2514 New
Series levying upon the assessed
valuation of the taxable property
in the City of Bakersfield, except
that area known as the Rio Bravo
Annexation, a rate of taxation upon
each one hundred dollars of valuation
for the Fiscal Year beginning July 1,
1979, and ending June 30, 1980.
Upon a motion by Councilman Means, Ordinance No. 2514
New Series levying upon the assessed valuation of the taxable
property in the City of Bakersfield, except that area known as
the Rio Bravo Annexation, a rate of taxation upon each one hundred
dollars of valuation for the Fiscal Year beginning July 1, 1979,
Bakersfield, California, August 29, 1979 - Page 14
291
and ending June 30, 1980, was adopted by the following roll call
vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 3-79 regarding Financial
Support for Kern Philharmonic, as follows:
In June, this Committee reported to the City
Council regarding the request of the Kern
Philharmonic for financial support. In that
report, it was indicated favorable considera-
tion should be given to some support in light
of the cultural contribution to the community,
however, support should come from the County
as well. At its recent budget hearings, the
Board of Supervisors agreed to contribute
$3,500 towards the Kern Philharmonic. As a
result, this Committee would recommend a
contribution of $1,750 be made by the City and
a transfer from the Council Contingency account
be authorized. It should be noted this support
is for this fiscal year and is not being
recommended as an ongoing contribution.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 3-79 regarding Financial Support
for Kern Philharmonic, was accepted; recommendation that $1,750
be contributed to the Kern Philharmonic for this fiscal year only
and not as an ongoing contribution, was approved; and Budget
Transfer from the Council Contingency Account in the amount of
$1,750, was approved.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 9-79 regarding Amendment
to Nepotism Ordinance, as follows:
Attached to this report is a memorandum from
City Attorney Kenneth Hoagland regarding the
City's nepotism ordinance.
This subject was recently brought to the
attention of the Police, Fire and Miscellaneous
Civil Service Boards, the Governmental Efficiency
and Personnel Committee, and we are in complete
agreement with the attorney in that the present
nepotism ordinance wording is overbroad.
292
Bakersfield, California, August 29, 1979 - Page 15
As pointed out in his memorandum, Section
3.14.130 of the Municipal Code prohibits the
appointment of any person who is married to an
employee of the City. This section is unduly
restrictive when the spouse works in an
entirely unrelated department, which has
little or no contact between the two in a work
related situation.
After careful consideration of this matter,
the Governmental Efficiency and Personnel
Committee is recommending Council approval
of the attached ordinance amendment allowing
the various Civil Service Boards to waive this
prohibition where no possibility of favoritism
or security risks exist.
This report would be considered as the first
reading of this ordinance change.
Upon a motion by Councilman Strong Governmental
Efficiency and Personnel Committee Report No. 9-79 regarding
Amendment to Nepotism Ordinance, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 3.14.130 (3) of the
Municipal Code, relating to Nepotism.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 3.14.130 (3)
of the Municipal Code, relating to Nepotism.
Councilman Means presented a memorandum regarding
Foreign Ownership of Kern County Farmland, as follows:
I am asking for Council action because I feel
that foreign investment in our farmland is a
serious factor in the escalating cost of
farmlands that make it difficult for family
farmers to exist. This impact on family farms
has a clear impact on the economy of Bakers-
field. That is why I am requesting your con-
sideration and action.
As I stated last meeting, much of the problem
is due to non-resident foreign investors living
in foreign countries who are buying our rich
farmland as choice shelters for long-term
investments. Foreign investors, especially
those from the Middle East, are willing to pay
higher-than-the-market value for land. This
escalates other land prices in a continuing
spiral. I am particularly concerned about
investors from the OPEC nations who are using
their oil money to invest here in our country.
The awesome flow of petrodollars out of the
U.S. and into the OPEC nations since 1973's
oil price boost has created a huge capital pool
Bakersfield, California, August 29, 1979 - Page 16
293
now finding its way back to the U.S. in the form
of inflated and speculative investments. But
neither California nor the Federal Government
have any input into the amount of control foreign
investors can have on our economy.
In 1977 the Amex Corporation was the broker for
about $50 million of farmland in the San Joaquin-
Sacramento Valley. About 40 percent of that
company's land sale went to foreign customers.
From 1976 to 1978 about 17,000 acres of delta
farmland in San Joaquin County was sold to
foreigners. The Bank of America Mortgage and
International Realty Corporation has invested
almost $50 million in real estate for the govern-
ment of Kuwait, how much o£ that is farmland, no
one knows.
The problem is certainly complex. But no serious
solution can be attempted until we know accurately
the degree to which farmland is being bought by
foreigners. To quote an article from the
December, 1978 issue of the California Journal:
"Records of foreign ownership are
scattered and ownership is hidden.
Many foreign purchases are made
through dummy corporations. One
Fresno County farm is owned by Tran-
quility Modesta, Ltd., a Netherlands
Antilles Corporation. Documents in
the County Recorder's Office show that
the sole stockholder is Qilar Costa,
an investor from Uruguay.
Foreign purchasers often go to extra-
ordinary lengths to conceal their
identities. In one instance, a West
German investor contacted a Canadian
realty firm, which contacted a Chicago
bank, which hired a Kansas broker who
in turn found a local broker to handle
the purchase of a 2,500-acre Kansas
farm."
As a first step in arriving at some solution,
I feel that it would be appropriate for us to
ask the County Supervisors to evaluate the
extent of the problem and seek solutions such
as to require alien farm investors to register
their transactions.
Councilman Means made a motion that authorization be
granted to request the Kern County Board o£ Supervisors to evaluate
the problem of Foreign Ownership of Kern County Farmland and seek
possible solutions, such as the ones mentioned in the memorandum.
Councilman Barton offered a substitute motion that due
to the ramifications of the issue of Foreign Ownership of Kern
294
Bakersfield, California, August 29, 1979 - Page 17
County Farmland that the matter be referred to the Intergovern-
mental Relations Committee for discussion with the Board of
Supervisors. This motion was unanimously approved.
Assistant City Manager-Personnel Russell reported, in
response to Councilman Miller's request on the Physical Fitness
Program for the Police Department, that the staff does not intend
to make any further recommendations on this program until such
time as the Council's study regarding training programs within the
Police Department is completed. The Governmental Efficiency and
Personnel Committee will be talking to two consultants September
13, 1979; hopefully, a recommendation will be forthcoming from
that committee during the month of September.
Director of Public Works Hawley reported that during
budget hearings on the Capital Improvement Program it was indicated
that when more detailed information was available a report would
be made to the Council regarding the funding requirements for the
Chester Avenue Undercrossing Project. The staff and County have
been discussing the cash flow requirements during the right-of-way
acquisition and construction stage. Approximately 1.8 million
dollars, temporary up-front money, will be needed over the next
two years. At this point it is not known how much of this will
be required during the 1979-80 fiscal year and how much can be
held over until 1980-81. The County will be adopting their Capital
Budget during the third week in September and before that time they
will be looking to the City for answers to the County's share of
the funding needed during 1979-80 so that it can be considered in
their budget. Lack of getting this information from the consultants
could jeopardize the project, if money is needed during 1979-80.
Once the funding is determined the City will enter into an agree-
ment with the Separation of Grade District and the County of Kern.
At that time it may be recommended that the City enter into a
direct agreement with the consultant. This would provide better
Bakersfield, California, August 29, 1979 - Page 18
295
control over the scheduling of work. In the meantime the staff
will continue working with the Separation of Grade District to
obtain needed information from the consultant.
Director of Fire & Development Services Needham reported
that today, during the Redevelopment Agency meeting, the developer
for the proposed downtown shopping center presented a letter of
credit in the amount of $100,000. This means that the developer,
in his mind, is satisfied with his agreements with the City and
major stores he is negotiating with. The developer also presented
an addendum to the joint development agreement which the Agency
will forthwith sign when they are satisfied. The addendum includes
the amount and other criteria that is necessary, in the developers
mind, to consummate the project. At this point in time the material
the developer presented is in the hands of Special Counsel Eugene
Jacobs for evaluation. Mr. Jacobs will report to the staff on
his recommendations for the project within the next two weeks.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 645 to 1049,
inclusive, in the amount of $1,035,374.92.
(b)
Application for Leave to Present Late
Claim for Personal Injuries from Doye
Edsol Walker, 2601 Hughes Lane, Bakers-
field. (Refer to City Attorney)
(c)
Claim for Damages from G. Neil Farr, 3021
Maywood Drive, Bakersfield. (Refer to
City Attorney)
(d)
Drainage Easement from Bakersfield Country
Club Development, Ltd., as required for
Tract No. 3945 "A", located at the south-
west corner of Highway 178 and Fairfax
Road.
(e)
Street Right-of-Way Deed from W.H.O.
Development and James T. Rowland and
Peggy J. Rowland, for northwest corner
of Wible Road and Panama Lane as required
for Parcel Map No. 5356.
(f)
Public Utility Easements from Mer-A-Mar
Construction as required for Parcel Map
No. 5381, located east of Manor Street
and south of the Kern River.
296
Bakersfield, California, August 29, 1979 - Page
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(P)
Public Utility Easements from Billy J.
Polston and Ron D. Fowler as required for
Parcel Map No. 5476, located east of Manor
Street and south of the Kern River.
Street Right-of-Way Deed from Tenneco
Realty Development Corporation for the
east half of Gosford Road between Laurel-
glen Boulevard and South Laurelglen
Boulevard.
Map of Tract No. 4060 and Improvement
Agreement with W.H.O. Development Company
for construction of improvements therein,
located at northwest corner of Panama
Lane and Wible Road.
Improvement Agreement for Parcel Map No.
5356 with James T. & Peggy J. Rowland for
construction of improvements as required
by the Planning Commission, located at
the northwest corner of Panama Lane and
Wible Road.
Notices of Completion and Acceptance o£
Work for:
Basketball Court Lighting and Security
Lighting, Contract No. 79-21 with Dean
Clark & Son.
Tract No. 4030, Contract No. 79-10 with
Tenneco Realty Development Corporation,
located east of Gosford Road and north
of North Laurelglen Boulevard.
Application for Encroachment Permit from
St. George Greek Orthodox Church, 401
Truxtun Avenue, for construction of a 6
foot high chain link fence at back of
sidewalk along "U" Street at 1601 "U"
Street.
Plans and Specifications for construction
of Asphalt Concrete on portions of Panorama
Drive near Fairfax Road.
Plans and Specifications for construction
of a Motorcycle Shelter Extension at the
Police Facility.
Request from KSA Group Architects for
amendment to the General Plan for com-
mercial use of property located near the
southeast corner of Wilson Road and New
Stine Road. (Refer to Planning Commission
for study and recommendation)
Request from Leo J. Wilson, New City Realty
& Insurance Company, for amendment to the
General Plan for commercial use of property
located on both sides of 8th Street, between
"N" and "R" Streets. (Refer to Planning
Commission for study and recommendation)
Bakersfield, California, August 29, 1979 - Page 20
297
(q)
Request from County of Kern, Property
Management Department, for vacation of
alleys located south of the Atchison
Topeka & Santa Fe Railroad tracks, north
of 14th Street, between "K" and
Streets. (Refer to Planning Commission
for study and recommendation)
(r)
Request from Richard Leo Lymp, Nickel
Enterprises, for abandonment of an unused
road located near Old Alfred Harrell
Highway, southeast of Lake Ming and north
of State Highway 178. (Refer to Planning
Commission for study and recommendation)
(s)
Request from B. L. Dickinson for abandon-
ment of Royal Scotts Way from Panorama
Drive south 355 feet. (Refer to Planning
Commission for study and recommendation)
(t)
Request from Gerald Van Horn, Bernard
White, Morton White, Raymond D. White,
Challenge Builders, Inc., and Delfino
Brothers for annexation of property lying
to the south of the Arvin-Edison Canal,
between South "H" Street and Wible Road
and northerly of Berkshire Road. (Refer
to Planning Commission for study and
recommendation)
(u)
Easement Map for Tract Nos. 4029, 4030
and 4031 from Tenneco Realty Development
Corporation and Carter Homes, Inc., pro-
viding for planter easements and pedestrian
ingress and egress, located south of Ming
Avenue and east of Gosford Road.
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) and (u) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of L. N.
Curtis & Sons for 150 Fire Helmets, was accepted and the other bid
rejected.
Upon a motion by Councilman Payne, low bid of Colombo
Construction Company for CBK Station 1 Pumphouse at Ashe Road and
298
Bakersfield, California, August 29, 1979 - Page 21
Club View Drive, was accepted, the other bid rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Charles
H. Miller for construction of Training Tower for the Fire Depart-
ments of the City of Bakersfield and Kern County, was accepted,
the other bid rejected, the Mayor was authorized to execute the
contract and Budget Transfer from Account No. 54-693-7500 to
Account No. 54-693-9200, in the amount of $6,039.16, was approved.
Upon a motion by Councilman Payne, low bid of Griffith
Company for pavement improvements on portions of White Lane, Akers
Road and Fairfax Road, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2515 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 south-
east corner of La Mirada Drive and
California Avenue, approving the
Preliminary Development Plan and
making findings in connection with
P.C.D. Zone.
The application for this amendment was made by Leo P.
Michaelides and would change subject property from an "A" (Agri-
cultural) Zone to a P.C.D. (Planned Commercial Development) Zone.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2515 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 southeast corner of La Mirada Drive and California Avenue,
approving the Preliminary Development Plan and making findings in
connection with P.C.D. Zone, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty,
Means, Miller
Noes: None
Absent: None
Strong, Barton,
Christensen,
Bakersfield, California, August 29, 1979 - Page 22
299
Deferral of an Ordinance amending
Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of
those certain properties in the City
of Bakersfield located on the east
side of Olive Street, between Palm
Street and Dracena Street.
The application for this amendment was made by Marshall
J. Williams, Sr. and would change subject property from an R-3
(Limited Multiple Family Dwelling) Zone to a C-O-D (Commercial
and Professional Office - Architectural Design) Zone.
Upon a motion by Councilman Means, action on 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 east side of
Olive Street, between Palm Street and Dracena Street, was deferred
until the Council Meeting of September 12, 1979.
Adoption of Ordinance No. 2516 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 south-
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 Peter P.
Mosesian and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone.
Upon a motion by Councilman Miller, Negative Declaration
and Ordinance No. 2516 New Series of the Council of the City o£
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 southeast 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
30O
Bakersfield, California, August 29, 1979 - Page 23
the
Ayes:
General Plan, were adopted by the following roll call vote:
Ratty, Strong, Barton, Christensen,
Miller
Councilmen Payne,
Means,
None
None
Noes:
Absent:
Adoption of Ordinance No. 2517 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-
west corner of Real and Wilson Roads,
approving the Preliminary Development
Plan and making findings in connection
with P.C.D. Zone.
The application for this amendment was made by Rosie
Actis and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2517 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 northwest corner of Real and Wilson Roads, approving the
Preliminary Devleopment Plan and making £indings in connection
with P.C.D. Zone, finding said zoning consistent with the General
Plan, were adopted by the
Ayes: Councilmen Payne,
Means,
Noes: None
Absent: None
following roll call vote:
Ratty, Strong, Barton, Christensen,
Miller
Adoption of Resolution No. 66-79 of
the Council of the City of Bakers-
field establishing Sewer Service
User Charges and Fees for Fiscal
Year 1979-1980.
Upon a motion by Councilman Ratty, Resolution No. 66-79
of the Council of the City of Bakersfield establishing Sewer
Service User Charges and Fees for Fiscal Year 1979-1980, was
adopted by the following roll call vote:
Councilmen Payne, Ratty, Barton, Miller
Councilmen Strong, Christensen, Means
None
Ayes:
Noes:
Absent:
Bakersfield, California, August 29, 1979 - Page 24
301
Adoption of Resolution No. 67-79 of
the Council of the City of Bakers-
field providing for the collection of
Sewer Charges by the County Tax
Collector.
Upon a motion by Councilman Barton, Resolution No. 67-79
of the Council of the City of Bakersfield providing for the
collection of Sewer Charges by the County Tax Collector, was adopted
by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Barton, Miller
Noes: Councilmen Strong, Christensen, Means
Absent: None
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 4.06.050, 4.06.070,
4.06.080, 4.06.090, 4.06.110, 4.06.120
and 4.06.130 of Chapter 4.06 and
Sections 4.10.100 and 4.10.120 of
Chapter 4.10 of the Municipal Code
relative to Elections.
These changes are necessary to avoid conflicting sections
and to update and clarify election procedures.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 4.06.050,
4.06.070, 4.06.080, 4.06.090, 4.06.110, 4.06.120 and 4.06.130 of
Chapter 4.06 and Sections 4.10.100 and 4.10.120 of Chapter 4.10 of
the Municipal Code relative to Elections.
Adoption of Resolution No. 68-79
designating the Board of Supervisors
as the Board of Directors for the
Mount Vernon-Panorama Sanitation
District.
Proceedings for the annexation of Parcel Map No. 5551
and Tract No. 3978 to the Mount Vernon-Panorama Sanitation District
must have the City Council's approval for the Board of Supervisors
to serve as the Board of Directors of the District, since more than
one-half of the District lies within the unincorporated area.
Upon a motion by Councilman Christensen, Resolution No.
68-79 designating the Board of Supervisors as the Board of Directors
302
Bakersfield, California, August 29, 1979 - Page 25
for the Mount Vernon-Panorama Sanitation District,
the following roll call vote:
Ayes: Councilmen Payne, Ratty,
Means, Miller
Noes: None
Absent: None
was adopted by
Strong, Barton, Christensen,
Approval of revision to Agreement No.
79-37 with BPW Engineers for design
of Traffic Signal and Lighting Systems
on Stockdale Highway at Montclair
Street, Stockdale Highway at E1 Rio
Drive, California Avenue at Business
Center Drive, California Avenue at
Lennox Avenue and California Avenue
at Mohawk Street.
The 1979-80 budget provides for two traffic signals on
California Avenue between Stockdale Highway and Mohawk Street. The
original agreement (No. 79-37) only called for the design of one
signal.
Upon a motion by Councilman Payne, Revision to Agreement
No. 79-37 with BPW Engineers for design of Traffic Signal and
Lighting Systems on Stockdale Highway at Montclair Street, Stock-
dale Highway at E1 Rio Drive, California Avenue at Business Center
Drive, California Avenue at Lennox Avenue and California Avenue at
Mohawk Street, was approved and the Mayor was authorized to execute
same.
Approval of Joint Exercise of Powers
Agreement with Panama Union School
District for construction of a storm
drain within Alum Avenue.
This agreement will provide for the construction of a
storm drain, by Panama Union School District, within Alum Avenue
and will establish a service area whereby the School District can
recover a portion of the construction costs from future connections.
Upon a motion by Councilman Payne, Joint Exercise of
Powers Agreement with Panama Union School District for construction
of a storm drain within Alum Avenue, was approved and the Mayor was
authorized to execute same.
Bakersfield, California, August 29, 1979 - Page 26
303
Approval of Lease Agreement between
the City of Bakersfield and Youth for
Christ for lease of a portion of the
Old Corporation Yard.
This agreement provides for a six week lease of a portion
of the Old Corporation Yard. Youth for Christ will pay all
utilities, assume all the risk, provide insurance and pay the City
a negotiated fee of $500 for use of the facility as a Halloween
Scare House. The Finance Operations Manager and Public Works
Director recommend approval of this lease agreement.
Upon a motion by Councilman Miller, Lease Agreement
between the City of Bakersfield and Youth for Christ £or lease of
a portion of the Old Corporation Yard, was approved and the Mayor
was authorized to execute same.
Approval of Agreement between the
State of California, Department of
Transportation and City of Bakers-
field for joint financial partici-
pation to replace the traffic signal
controller at Haley and Height Streets.
Upon a motion by Councilman Christensen, Agreement
between the State of California, Department of Transportation,
and City of Bakersfield for joint financial participation
replace the traffic signal controller at Haley and Height
was approved and the Mayor was authorized to execute same.
to
Streets,
Approval of Tandem Designation Agree-
ment with the California Housing
Finance Agency (CHFA) £or concen-
trated rehabilitation and mortgage
assistance financing.
The CHFA has approved Bakersfield as a tandem designation
locality, making the City eligible for both concentrated rehabili-
tation and mortgage assistance financing. Working with participating
lenders, CHFA will make available up to $4,000,000 through June,
1980 for these loans. City Community Development staff will work
to identify and assist qualified borrowers to secure CHFA-backed
loans.
304
Bakersfield, California, August 29, 1979 - Page 27
Upon a motion by Councilman Christensen, Tandem Desig-
nation Agreement with the California Housing Finance Agency (CHFA)
for concentrated rehabilitation and mortgage assistance financing,
was approved and the Mayor was authorized to execute same.
Authorization granted the Public
Works Department to pursue and apply
for a Traffic Engineering Safety
Grant, which prior to acceptance of
any binding contract must be approved
by the Council.
The Police Department's Traffic Safety proposal submitted
to the California Office of Traffic Safety (OTS), which was approw~d
by the Council on July 25, 1979, included procurement of a mini-
computer for storage and analysis of traffic data. The Public
Works Department has been informed by OTS that traffic records
proposals should be submitted via traffic engineering in lieu of
traffic enforcement. Subsequent discussions revealed that the
City may qualify £or a Comprehensive Traffic Engineering Grant
which meets the needs of traffic enforcement and engineering.
The grant would provide for inventories, identification and sur-
veillance of accident locations and traffic engineering data.
Upon a motion by Councilman Payne, request of the Public
Works Department to pursue and apply for a Traffic Engineering
Safety Grant, which prior to acceptance of any binding contract
must be approved by the Council, was authorized.
Authorization granted the Public
Works Department to submit an
application for Hazard Elimination
Funds for upgrading and modifying
existing traffic signals at Mt.
Vernon and University Avenues, and
Beale Street at Niles and Monterey
Streets.
The Public Works Department has been notified by the
California Department of Transportation that two projects in the
City appear to be eligible for 90% Federal funding under the Hazard
Elimination Program for Federal Aid Streets. The two projects
would upgrade and modify existing traffic signals at Mr. Vernon
Bakersfield, California, August 29, 1979 - Page 28
305
and University Avenues, and Beale Street at Niles and Monterey
Streets. The estimated total cost is $86,000. This is not a
budgeted item and if the projects are approved, $8,600 would have
to be transferred from other accounts or from the Council Contingency
for the City's share.
Upon a motion by Councilman Christensen, request of the
Public Works Department to submit an application for Hazard
Elimination Funds for upgrading and modifying existing traf£ic
signals, at Mt. Vernon and University Avenues and Beale Street at
Niles and Monterey Streets, was authorized.
Approval of Notice of Completion,
Acceptance of Work and Assessment of
$1,300.00 for Liquidated Damages £or
Contract No. 79-29 with Galland
Electric Corporation, for Tra££ic
Signal Systems and Street Improve-
ments at various locations on Ming
Avenue and California Avenue.
This contract was completed on August 22, 1979. The
Public Works Department recommends a fifteen day time extension
due to delay in equipment delivery. The contract completion date
(including weather days, holidays and extension days) was August
9, 1979. The Public Works Department recommends the Contractor,
Galland Electric Corporation, be assessed liquidated damages £or
13 days delay beyond the time prescribed in the contract. In
accordance with Section 6(e) of the Specifications, the Contractor
agreed to pay the sum on One Hundred Dollars ($100) per day
resulting in $1,300.00 damages to the City of Bakersfield.
Upon a motion by Councilman Payne, Notice o~ Completion,
Acceptance o£ Work and Assessment of $1,300.00 for Liquidated
Damages for Contract No. 79-29, with Galland Electric Corporation,
for Traffic Signal Systems and Street Improvements at various
locations on Ming Avenue and California, were approved.
Appointment of Voting Delegate and
Alternate for the League of Cali-
fornia Cities Conference, September
22-25, 1979.
306
Bakersfield, California, August 29, 1979 - Page 29
Each year the League of California Cities request that
the City Council designate a voting representative and alternate
to vote on matters affecting municipal or league policy during the
conference.
Upon a motion by Councilmen Strong and Means, Councilman
Barton was designated as Voting Delegate and Councilman Christensen
was designated as Alternate Voting Delegate for the League of
California Cities Conference to be held in San Francisco, September
22-25, 1979.
Approval of Agreement of Sale with
Pasomar Company, et al, providing
conditions for purchase of property
required for Bernard Street Drain-
field.
The purchase price is equal to the appraised value of
$6,500.00 per acre for a total cost of $32,500.00. This item is
included in the current budget.
Upon a motion by Councilman Payne, Agreement of Sale
with Pasomar Company, et al, providing conditions for purchase of
property required for the Bernard Street Drainfield, was approved
and the Mayor was authorized to execute same.
HEARINGS
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in the following matter
and yielded the chair to Vice-Mayor Barton.
This is the time set for continued public hearing before
the Council regarding request by Warner Cable Corporation to grant
a franchise within the City Limits of Bakersfield, to use or
construct and use, poles, wires, cables, conduits and appurtenances
for the purpose of transmitting and distributing electricity and
electrical impulses and signals for television and/or radio
purposes, namely, to produce reproductions of sights and sounds
to the residents of the City of Bakersfield, under, along or upon
any or all public streets, ways, alleys and places of the City of
Bakersfield as the same now exist or hereafter exist.
Bakersfield, California, August 29, 1979 - Page 30
307
First reading of the Ordinance was given at the hearing
held on August 8, 1979.
Councilman Ratty made a motion to adopt the Ordinance
granting the nonexclusive franchise to Warner Cable Corporation.
Councilman Means stated that everything in the franchise
seems to be in favor o£ the cable company and more specific language
should be inserted. He felt the length of the franchise should
be changed from 35 years to 15 years and at that point the City
could renegotiate items like the percentage to the City and number
of public access channels.
During discussion, Councilman Miller made a motion to
call for the question. This motion failed
roll call vote:
Ayes: Councilman Miller
Noes: Councilmen Payne, Ratty, Strong,
Means
Absent:
to carry by the following
Barton, Christensen,
None
Councilman Means stated he felt the decision of when the
cable company should go to 35 channels should rest in the hands of
the Council. This would not be done unless the cable company
advised the City they were ready.
Councilman Christensen stated he is happy the 90 day
restriction for nonuse of public access channels has been removed
from the franchise, however, he is disappointed that only one
channel has been given to education and one channel to public
information. Councilman Christensen also stated he agrees with
Councilman Means, the Council represents the people, not the cable
company and he is not happy with the franchise as it now exists.
Councilman Strong stated, after listening to some of the
things brought up tonight, if the franchise is granted the way it
is written the Council might be imposing a burden on future Councils
that they will have to live with because safeguards were not in-
cluded to allow them to deal with problems should they arise. The
3O8
Bakersfield,
California, August 29, 1979 -.Page 31
things the Council needs in the franchise for safeguarding the
public should be spelled out and not be nebulous. A 35 year
franchise should have some provision whereby the rates and profits
could be looked at and complaints could be monitored.
Councilman Strong offered a substitute motion that the
nonexclusive franchise be granted to Warner Cable Corporation;
with provisions in the Ordinance that they expand to 35 channels
within 5 years (two of the channels be designated for education
and public access), the City have the right to require certain
financial information so the rates and amounts of money accruing
to the City can be reviewed every 5 years.
During a very lengthy discussion, in answer to a question
by Councilman Ratty, Mr. Tom LaFourcade, General Manager of Warner
Cable of Kern County, stated they currently have a time frame of
3 to 4 years for expanding to 35 channels. However, more channels
will have to be released by the F.C.C. or a law change made because
35 channels are not available at this time. As fast as channels
become available and there is a market need they will be put into
the system.
After a lengthy discussion, Councilman Strong's amended
substitute motion that the nonexclusive franchise be granted to'
Warner Cable Corporation; with provisions in the Ordinance that
they expand to 35 channels within 5 years (two of the channels be
designated for education and public access) if economically
feasible, the City have the right to require certain financial
information so the rates and amounts of money accruing to the City
can be reviewed and modified every 5 years, failed to carry by the
following roll call vote:
Ayes: Councilmen Strong, Christensen, Means
Noes: Councilmen Payne, Ratty, Barton, Miller
Absent: None
Bakersfield, California, August 29, 1979 - Page 32
309
Ayes:
Noes:
Absent:
Councilman Ratty's motion to adopt Ordinance No. 2518
New Series of the City of Bakersfield granting the nonexclusive
right, privilege and franchise to lay and use lines, wires,
coaxial cable and appurtenances for transmitting, distributing and
supplying radio and television antenna service along, across and
upon the public streets, ways, alleys and places within a designated
service area of said City of Bakersfield, carried by the following
roll call vote:
Councilmen Payne, Ratty, Barton, Miller
Councilmen Strong, Christensen, Means
None
Councilman Christensen, in clarifying his negative vote,
stated he cannot approve a loose contract.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:55 P.M.
ATTEST:
CITY~RK and~io Clerk of the Council
of the City of Bakersfield, California
ma
310
Bakers£ield, California, September 12, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., September 12, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Ratty, Strong, Barton, Christensen,
Absent: None
Means, Miller, Payne
Minutes of the regular meeting of August 29, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Miss Leslie Wasset and Yogi Bear, Advance Representatives
of the Ice Capades, extended an invitation to the Mayor and Council[
to attend opening night of the Ice Capades at the Civic Auditorium
on Thursday, September 20, 1979.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
the Greater Bakersfield Chamber of Commerce, dated August 21, 1979,
requesting that the Council form an Advisory Committee to assist
the Chamber in finding an appropriate site for their new facility,
was received, ordered placed on file and referred to the Business
Development and Parking Committee.
Upon a motion by Councilman Christensen, communication
from Nash Brown Associates, Architects and Planners, dated August
31, 1979, requesting that the Council take action, as soon as
possible, on a proposed zone change located along California Avenue,
was received and ordered placed on file. (The Planning Commission
continued the public hearing on this matter until September 19,
1979, and it will be placed on the Council Agenda by the Planning
Department at a later date.)
Bakersfield, California, September 12,
1979 - Page 2
311
Upon a motion by Councilman Payne, communication from
Westwood Estates Homeowner's Association, dated September l, 1979,
supporting the proposed development of property located at 5500
Ming Avenue, was received and ordered placed on file. (Public
hearing on this matter will be held before the Planning Commission
on September 19, 1979, and it will be placed on the Council Agenda
by the Planning Department at a later date.)
Upon a motion by Councilman Barton, communication from
L. Hamilton, 708 LaPuente Drive, dated August 29, 1979, regarding
debris in various places in the City, was received, ordered placed
on file and referred to the staff for response and report back to
the Council.
Upon a motion by Councilman Miller, communication from
John Brock, Sr., dated September 6, 1979, requesting an amendment
to the General Plan for property located south of Freeway 178,
northerly of Bernard Street, westerly of Oswell Street and easterly
of Mt. Vernon Avenue, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Payne, communication from
Dow, Lohnes & Albertson, Attorneys at Law, 1225 Connecticut Avenue,
Washington, D.C., on behalf of Bakersfield Cable TV, Inc., dated
September 4, 1979, regarding proposed merger of Cox Broadcasting
Corporation (owner of Bakersfield Cable TV, Inc.) and General
Electric Company, was received and referred to the Business Develop-
ment and Parking Committee for recommendation back to the Council.
Upon a motion by Councilman Means, communication from
the National League of Cities, dated August 28, 1979, responding
to questions posed by the City Council relative to benefits derived
from membership in the National League of Cities and the merits of
acquiring a headquarters building in Washington, was received and
referred to the Budget Review and Finance Committee.
Bakersfield,
California,
September 12,
1979 - Page 3
Upon a motion by Councilman Payne, communication from
Cleaveland Outdoor Advertising, Inc., dated September 10, 1979,
requesting the Council to hear an Appeal regarding the Planning
Commission's denial of their request for a sign for the Texaco
Station located at 1401 Columbus Street, was received and Wednesday,
October 3, 1979, was the date set for hearing the appeal.
COUNCIL STATEMENTS
Councilman Miller read a memorandum regarding Foreign
Investors in Kern Ag Land, as follows:
Like my collegue, John Means, I am equally con-
cerned about the foreign investors in Kern
County Agriculture land, but I would like to
take it one step further and express my concern
for the rest of the nation as well. However,
as a City Councilman, I do not feel that it is
the responsibility of this body to become em-
broiled in this issue. If those who are the
most concerned would do some research on the
subject, they will find that the Federal
Government has already taken steps to remedy
this situation.
In a response to a recent letter to Congressman
Bill Thomas I was informed that:
In 1978, the President signed into
law the Agricultural Foreign Invest-
ment Disclosure Act, Public Law 95-460,
after it was passed by the U. S. House
of Representatives and Senate. The
Act and regulations promulgated there-
to provide that a report listing the
names and addresses of foreigners who
own, purchase, or sell agricultural
land within the United States shall
be filed with the County Agricultural
Stabilization and Conservation Service
office. Reports must be filed if
more than 5% interest in the land is
held by someone other than U.S. citiznes.
In addition, the law requires report-
ing of the "second-tier" and "third-
tier" owners if the foreign interest
is a holding company, corporation,
partnership, etc. All reports on
land for which filing is required
were due on August i of this year.
All reports will then be compiled by
the Economics, Statistics, and
Cooperative Service of the USDA and
the information is to be given to
Congress by November 1, 1979. The
Secretary of Agriculture must also
313
Bakersfield, California, September 12, 1979 - l~age 4
send to the State Agriculture Com-
missioner copies of all reports filed
within the respective state every six
months. The first deadline for this
provision is September l, 1979. In
the event of a failure to report or
filing a fraudulent or misleading
report a penalty of up to 25% of the
fair market value of the land may be
imposed.
While this is a vital issue facing one of the
largest industries in our county, I feel that
we must work within the framework and structure
that has been provided for this issue. and
that we as a body should concern ourselves with
the pressing issues facing the City of Bakers-
field. This is a federal matter, and I
personally do not feel that we should inter-
fere in their matters any more than I want the
Feds to tell us how to handle our problems.
REPORTS
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, read Report No. 6-79 regarding S.P.C.A.,
follows:
Attached to this report is a letter from Linda
Farrell, President of the Bakersfield S.P.C.A.,
to the City Council. The subject matter of
this letter was discussed at a recent Inter-
governmental Relations Committee meeting and
we are in concurrence with Ms. Farrell's request.
As pointed out in her letter, the heavy work-
load and overhead of the S.P.C.A. has placed
them in a financial squeeze. The cost of animal
disposal has tripled since the City entered
into an agreement with them just eight months
ago. Fuel costs for trucks, utility costs and
food costs have increased considerably while
their income has decreased. The license revenues
have not come in voluntarily, therefore, it is
necessary that they conduct a door-to-door
campaign. It is estimated that there are 22,000
unlicensed dogs in the City alone.
The S.P.C.A. is therefore in hopes of accelera-
ting the licensing program by adding additional
employees for this door-to-door campaign. In
order to do this, they are requesting that the
City Council authorize six months advanced pay-
ment on their present contract. This is not a
request for an increase in their contract,
merely an advance payment in order to conduct
this accelerated licensing program.
They are also requesting that their licensing
program be brought into line with the County
in order to avoid confusion on the part of
the public. The City presently licenses for
as
314
Bakersfield, California, September 12, 1979 - Page 5
a two year period whereas the County is for a
one year period. The S.P.C.A. is requesting
licenses be $8.00 for unsterilized dogs and
$1.00 for sterilized dogs due and payable June
30 of each year with a $2.00 penalty imposed
after August I of each year.
In order to implement this report, we are recom-
mending Council approval of the attached
changes in the Animal Ordinance and the
attached amendments to the City's contract
with the S.P.C.A.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 6-79 regarding S.P.C.A., was
accepted; and Contract amending Contract No. 78-145 with the
Bakersfield S.P.C.A., was approved and the Mayor was authorized
to execute same.
Adoption of Resolution No. 69-79 of
the Council of the City of Bakers-
field prescribing Dog License Fees,
Impound Fees and Boarding Fees for
Dogs in the City of Bakersfield.
Upon a motion by Councilman Ratty, Resolution No. 69-79
of the Council of the City of Bakersfield prescribing Dog License
Fees, Impound Fees and Boarding Fees for Dogs in the City of
Bakersfield, was adopted by the following roll call vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 9.08 of the Munici-
pal Code by amending Sections 9.08.010
(b), 9.08.010 (e), 9.08.050 (a) and
(b), 9.08.110 and adding Section
9.08.245, relative to the Public
Pound.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 9.08 of the
Municipal Code by amending Sections 9.08.010 (b), 9.08.010 (e),
9.08.050 (a) and (b), 9.08.110 and adding Section 9.08.245,
relative to the Public Pound.
Bakersfield, California, September 12, 1979 - Page 6
315
Councilman Payne, member of the Governmental Efficiency
and Personnel Committee, read Report No. 10-79 regarding Lunch
Room in Police Department, as follows:
Attached to this report is a memorandum from
Chief of Police, Bob Price, to the City Manager
regarding the Police Benefit Association
operating a lunch room in the basement of the
Police Department. As pointed out in this
memorandum there are many City employees going
home or elsewhere for lunch which is a waste
of energy and time. The Association is
requesting that lunches be offered in the
Police Building similar to what has been done
over the years at the Bank of America, Great
Western and County Administrative Buildings.
It is not the Benefit Association's intention
to compete with restaurants in the downtown
area as due to security reasons the lunch room
would be available only to City employees.
The Governmental Efficiency and Personnel
Committee has met with the staff regarding
this matter and since there are no costs in-
volved to the City, and this lunch room could
be a convenience to the employees, we would
recommend that the Council authorize the Benefit
Association's request on a one year trial basis
and instruct the staff to work out a reasonable
charge for any utility costs, cleaning costs
and liability insurance.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 10-79 regarding Lunch Room in
Police Department, was accepted; the Police Benefit Association
was authorized to operate a lunch room in the basement of the
Police Department on a one year trial basis; and the staff was
instructed to work out a reasonable charge for any utility costs,
cleaning costs and liability insurance.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 11-79 regarding Salary
Adjustments, as follows:
During the 1979-80 meet and confer sessions,
the City agreed to an across-the-board salary
increase of 10% for all Blue and White Collar
Unit employees and also agreed to conduct a
local salary survey for certain positions which
were felt to be low in comparison to other
public and private sector counterparts. Classi-
fications such as Account Clerks, Clerk-Typists,
Stenographers, Secretaries, Electricians,
316
Bakersfield, California, September 12, 1979 - Page 7
Mechanics, Heavy Equipment Operators and Welders
were compared with similar positions in such
businesses as P. G. & E., Pacific Telephone,
Ca1 Trans, McCarthy Tank and Steel, Tenneco,
Mohawk Oil, Mercy Hospital and other large and
small agencies.
This is the first time such an extensive survey
has been conducted since the A.D. Little Study
of 1974. Based on the results, it is evident
that the City has not kept pace with the average
salary for some of these surveyed positions.
Therefore, the Governmental Efficiency and
Personnel Committee is recommending the following
salary adjustments:
1. 2½% increase for:
Clerk-Steno II's (White Collar & Confidential
Unit)
Secretary II's
Legal Steno II's
Legal Secretary
Personnel Clerk
Clerk-Typist II's (White Collar & Confidential
Unit)
Transcribing Typist
Administrative Aide
2. 5% increase for:
Supervisor III's
Waste Water Supervisor II's
Data Processing Programmer
Parts & Materials Clerk
3. 7½% increase for:
Equipment Mechanic
Welder I and II
Machinist
Maintenance Craft Worker
Auditorium Technician Assistant
Heavy Equipment Operator-Streets
Equipment Operator III
Supervisor II
Waste Water Supervisor I
Air Conditioning Technician I and
Auditorium Stage Manager
Water Supervisor
II
4. 10% increase for:
Motor Sweeper Operator
Electrical Technician I and II
5. Change the title of one Tree Maintainer II
to Spray Rig Operator.
6. Reclassify two Legal Steno II's to Legal
Secretaries.
7. Reclassify one Clerk Steno II, Water Depart-
ment, to Secretary I.
Bakersfield, California, September 12, 1979 - Page 8
317
Authorize all Waste Water Treatment Operator
I positions at the II level and allow the
Public Works Director to recommend advance-
ment to the II level upon successful
completion of the State Mandated Certifi-
cation Program.
Include the Maintenance Craft Worker for
5% Leadman pay when assigned in this
capacity.
The total cost for fiscal year 1979-80 is
$113,970 and will affect approximately 100
employees. In order to implement this report
we are recommending Council approval of the
attached changes in the salary resolution, the
attached ordinance changes and the attached
job specifications to be effective September
10, 1979. We also recommend that the depart-
ment budgets affected by these changes be
adjusted accordingly. Transfer funds out of
the Council Contingency Fund into the appropriate
departmental budgets affected by the changes.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No.
was accepted; and recommendations
approved.
11-79 regarding Salary Adjustments,
as outlined in the report, were
Adoption of Resolution No. 70-79 of
the Council of the City o£ Bakers-
field amending Resolution No. 58-79,
salaries and related benefits for
employees of the City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 70-79
of the Council of the City of Bakersfield amending Resolution No.
58-79, salaries and related benefits for employees o£ the City of
Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Adoption of Resolution No. 71-79 o£
the Council of the City of Bakers-
field amending Resolution No. 58-79,
salaries and related benefits for
employees of the City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 71-79
of the Council of the City of Bakersfield amending Resolution No.
58-79, salaries and related benefits for employees of the City of
318
Bakersfield, California, September 12, 1979 - Page
Bakersfield, was adopted by the following roll call
Ayes: Councilmen Ratty, Strong, Barton, Christensen,
Miller, Payne
Noes: None
Absent: None
vote:
Means,
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 3.18.110 (c) (1) of
the Municipal Code of the City of
Bakersfield respecting Leadman
responsibilities.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 3.18.110 (c)
(1) of the Municipal Code of the City of Bakersfield respecting
Leadman responsibilities.
Director of Fire & Development Services Needham reported
that he has been informed by the Redevelopment Agency's Legal
Counsel Eugene Jacobs that the agreement, presented by the developer
to staff for the Downtown Shopping Center, is one that can be
recommended, with a few changes, to the Redevelopment Agency and
forwarded to the Council. If approved by the City Council the
Agency can act on it and the wheels will then be set in motion
for the shopping center. This has been a long time coming and the
staff feels very good about it at this point.
With the Council's approval, the Workshop Session on the
Downtown Shopping Center can be set for Wednesday, September 26,
The
1979, in conjunction with a Redevelopment Agency meeting.
details can be confirmed at next week's Council Meeting.
The
(a)
(b)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 1050 to 1265,
inclusive, in the amount of $292,142.29.
Claim for Damages from Dean J. Miller,
J.D., 416 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Betty Randle,
Wayne Smoot, Johnny Smoot and Dinah
Greenwood. (Refer to City Attorney)
Bakersfield, California, September 12, 1979 - Page 10
319
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
Street Right-of-Way Deed from James Delfino,
Frank Delfino and Tony Delfino providing
additional street right-of-way for Planz
Road, Stine Road and 60' Access Road as
required for Parcel Map No. 5400, located
at the southeast corner of Planz Road and
Stine Road.
Street Right-of-Way Deed from James L.
Frederickson and Ruth Frederickson,
Thurmond McWhorter and Mary McWhorter,
and Richard A. Stiern and Jacqueline S.
Stiern providing additional street right-
of-way for Wible Road and Planz Road as
required for Parcel Map No. 5594, located
at the southeast corner of Wible Road and
Planz Road.
Map of Tract No. 4080 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located south of Laurelglen
Boulevard and east of Gosford Road.
Map of Tract No. 4081 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located between Gosford
Road and South Laurelglen Boulevard, south
of Westwold Drive.
Map of Tract No. 4082 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of South
Laurelglen Boulevard and east of Gosford
Road.
Map of Tract No. 4083 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located on the east side of
Gosford Road between Laurelglen Boulevard
and South Laurelglen Boulevard.
Improvement Agreement for Parcel Map No.
5111 with Westland Properties for con-
struction of improvements required by the
Planning Commission, located north and
south of Bernard Street, east of Oswell
Street.
Improvement Agreement for Parcel Map No.
5570 with Dean Gay Realty & Development
for construction of improvements as
required by the Planning Commission,
located north of Harris Road and east of
Akers Road.
Notices of Completion and Acceptance of
Work for:
Tract No. 4016, Contract No. 78-153, with
Regional Mortgage Co., located at Stine
Road and Maybrook Drive.
320
Bakersfield, California, September 12, 1979 - Page ll
(d), (e),
Calendar,
Ayes:
(m)
Tract No. 3952, Contract No. 78-7, with
A.S.U. Development Co., located at White
Lane east of Real Road.
Resurfacing and improving portions of
Columbus Street, New Stine Road and Wible
Road, Contract No. 79-105 with Granite
Construction Co.
Construction of Lighting Improvements at
Beale Park, California Avenue Park and
Jefferson Park, Contract No. 79-58 with
H.E.R. Construction & Service.
Application for a Certificate of Consent
to self-insure for Workers Compensation
required annually by the Department of
Industrial Relations.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1) and (m) of the Consent
were adopted by the following roll call vote:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen,
usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Operations Manager
was authorized to purchase l0 Portable Stage Risings for the
Auditorium from SICO Incorporated, in the amount of $10,865.00.
Upon a motion by Councilman Barton, low bid of Union
Oil Co. for Annual Contract
all other bids rejected and
contract.
Chevrolet
for Lubricating Products, was accepted,
the Mayor was authorized to execute the
Upon a motion by Councilman Payne, low bid of Three Way
for Fourteen Lightweight Pickup Trucks for the Public
Works and Police Departments, was accepted and all other bids
rejected.
Upon a motion by Councilman Miller, bid of Kern Turf
Supply for Rider Type Lawn Mower, was accepted.
Bakersfield,
California,
September 12,
1979 - Page 12
Upon a motion by Councilman Means, low bid of Western
States Fire Apparatus for Rescue Tool for the Fire Department, was
accepted and the other bid rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2519 New
Series of the Council of the City of
Bakersfield amending Section 3.14.130
(3) of the Municipal Code, relating
to Nepotism.
Upon a motion by Councilman Strong, Ordinance No. 2519
New Series of the Council of the City of Bakersfield amending
Section 3.14.130 (3) of the Municipal Code, relating to Nepotism,
was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2520 New
Series of the Council of the City of
Bakersfield amending Sections 4.06.050,
4.06.070, 4.06.080, 4.06.090, 4.06.110,
4.06.120 and 4.06.130 of Chapter 4.06
and Sections 4.10.100 and 4.10.120 of
Chapter 4.10 of the Municipal Code
relative to Elections.
Upon a motion by Councilman Payne, Ordinance No. 2520
New Series of the Council of the City of Bakersfield amending
Sections 4.06.050, 4.06.070, 4.06.080, 4.06.090, 4.06.110, 4.06.120
and 4.06.130 of Chapter 4.06 and Sections 4.10.100 and 4.10.120 of
Chapter 4.10 of the Municipal Code relative to Elections, was
adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2521 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
located on the east side of Olive
Street, between Palm Street and
Dracena Street.
322
Bakersfield, California, September 12, 1979 - Page 13
The application for this amendment was made by Marshall
J. Williams, Sr. and would change subject property from an R-3
(Limited Multiple Family Dwelling) Zone to a C-O-D (Commercial
and Professional Office - Architectural Design) Zone.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2521 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties located on the east side of
Olive Street, between Palm Street and Dracena Street, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Strong,
Miller, Payne
None
None
NEW BUSINESS
Barton, Christensen, Means,
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 7.40.010 (a) and
7.40.120 and adding Section 7.40.200
to Chapter 7.40 of the Municipal Code
relative to Public Dances and Dance
Halls.
Some establishments in which dancing is incidental to
the business continue dancing past the hour of 2:00 A.M.; and
although they close down their liquor operation, those attending
dances to early hours create additional enforcement problems for
the Police Department. This ordinance would make the closing time
for dancing, in establishments in which dancing is incidental to
the business, consistent with the closing time for public dances.
Sergeant Ken Wiggins, Police Department, explained the
reasons the Police Department is requesting this amendment and
stated their main objection is the after hours drinking out of
cars and in the parking lots.
Mr. Hillary Hamburg, employee of Wild Bill's Saloon,
130 East 18th Street, spoke in opposition to the ordinance.
Bakersfield, California, September 12, 1979 - Page 14
323
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 7.40.010 (a)
and 7.40.120 and adding Section 7.40.200 to Chapter 7.40 of the
Municipal Code relative to Public Dances and Dance Halls.
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 north'side
of Panama Lane, east of State Highway
99.
The application for this amendment was made by Hal Doran
and would change subject property from a TT (Travel Trailer Park)
Zone to a C-2 (Commercial) Zone. The Planning Commission was of
the opinion the "D" Design Overlay should be applied to the C-2
Zoning.
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 north side of Panama Lane, east
of State Highway 99.
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 northeast of the
Wible Road and Panama Lane inter-
section.
The application for this amendment was made by E. N.
Oldham and would change subject property from an "A" (Agricultural)
Zone to an R-1 (One Family Dwelling) Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield located northeast of the Wible Road and Panama
Lane intersection.
324
Bakersfield, California, September 12, 1979 - Page 15
Approval of Lease Agreement between
the City of Bakersfield and J & G
Tool Company for property located at
lll5 - 22nd Street.
Upon a motion by Councilman Christensen, Lease Agreement
between the City of Bakersfield and J & G Tool Company for property
located at ll15 - 22nd Street, was approved and the Mayor was
authorized to execute same.
Approval of Agreement between Pacific
Telephone & Telegraph Company and the
City of Bakersfield for granting of
an Easement.
Pacific Telephone, in exchange £or an easement through a
portion o£ the Truxtun Avenue Extension, is disclaiming any interest
in an easement they presently own in order to allow the property
being acquired for the Truxtun Avenue Extension to proceed to Final[
Condemnation.
Upon a motion by Councilman Ratty, Agreement between
Pacific Telephone and Telegraph Company and the City of Bakersfield
for granting of an Easement, was approved and the Mayor was
authorized to execute same.
Approval of Common Use Agreement
between Pacific Gas and Electric
Company and the City o£ Bakersfield.
Pacific Gas and Electric owns a right-of-way and easement
through property being acquired for the Truxtun Avenue Extension.
This Common Use Agreement will allow P. G. & E. to disclaim any
interest in the property and permit the property to proceed to a
Final Order of Condemnation.
Upon a motion by Councilman Ratty, Common Use Agreement
between Pacific Gas and Electric Company and the City of Bakers-
field, was approved and the Mayor was authorized to execute same.
HEARINGS
This is the time set for public hearing be£ore the
Council to consider the adoption of an Ordinance of the Council of
the City of Bakersfield amending portions of Title 13 including
Bakersfield, California, September 12, 1979 - Page 16
325
Chapters 13.01 and 13.56 adopting by reference the Uniform Electrical
Code, and the National Electrical Code, 1978 Edition.
This hearing has been duly advertised and no written
protests of objections have been filed in the City Clerk's office.
~ayor Hart declared the hearing open for public partici-
pation.
Mr. James A. Chilko, representing the Kern County Chapter
of the National Electrical Contractors Association, Inc., requested
that the Exception listed in Section 13.56.030 B, be removed and
the Council adopt exactly what the State of California adopted
when the Department of Housing accepted the 1978 Edition of the
National Electrical Code. Mr. Chilko stated they are in favor of
the ordinance if that Exception is removed.
Mr. Frank Gifford, Gifford Electric, 400 - 30th Street,
presented a letter opposing Article 336-3 of the National Electrical
Code, 1978 Edition. Mr. Gifford requested that the adoption of
the ordinance be deferred until other contractors can be contacted
for their input.
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.
Building Director Bidwell presented correspondence from
the following organizations favoring and opposing adoption of the
ordinance:
In
In
Favor:
Kern County Chapter of the National Electrical
Contractors, Inc., 1000 - 21st Street, Bakers-
field.
A-C Electric Company-Bakersfield Division,
P.O. Box 1834, Bakersfield.
Dean Clark, Electrical Contractor, 3020 Union
Avenue, Bakersfield.
Opposition:
Golden Empire Chapter of American Institute
of Architects, P.O. Box 2283, Bakersfield.
326
Bakers£ield, California, September 12, 1979 - Page 17
Chris A. Addington & Associates, A.I.A. Archi-
tects, 9339 Rosedale Highway, Bakersfield.
Battenstein & Stockton, Consulting Engineers,
3201 Jewett Avenue, Bakersfield.
R. W. Worthing, Engineering Department of the
National Electrical Manufacturers Association.
Building Director Bidwell stated that a draft of this
ordinance was mailed to a large number of organizations and
individuals for their input.
After discussion, upon a motion by Councilman Strong,
Ordinance of the Council of the City of Bakersfield amending
portions of Title 13 including Chapters 13.01 and 13.56 adopting
by reference the Uniform Electrical Code, and the National Electrical
Code, 1978 Edition, was referred to the Business Development and
Parking Committee, in order to resolve the issues raised and allow
public input, by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Councilman Barton stated that the Business Development
and Parking Committee meeting to discuss this matter will be public
so other Councilmen and the public can attend, and requested that
the staff give proper notification of the meeting when a definite
date has been set.
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Stockdale No. ll," 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 6.91 +
acres of land located on the north side of Stockdale Highway,
northwest of Fairway Drive intersection.
Bakersfield, California,
September 12,
1979 - Page
327
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Ratty, Resolution No. 72-79
o£ 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. 704, Annexation No. 278 (Stockdale
No. ll), annexed to the City of Bakersfield, was adopted by the
following roll cal~ vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
ADJOURN~ENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:15 P.M.
Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
328
Bakersfield, California, September 19, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., September 19, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a moment of silence in lieu of
an invocation.
The City Clerk called the roll
Present:
Absent:
Mayor Hart.
None
Minutes of the
Councilmen Strong,
Means,
as follows:
Barton, Christensen,
Miller, Payne, Ratty
regular meeting of September 12, 1979
were approved as presented.
Mr.
Commission.
CORRESPONDENCE
Upon a motion by Councilman Miller,
SCHEDULED PUBLIC STATEMENTS
Mr. Jack Winter, 206 Pacific, stated his opposition to
Harvey Hall serving on any City of Bakersfield Board or
communication from
the Downtown Business Association dated September 13, 1979,
requesting the degree of street lighting in the downtown area
be evaluated and suggestions for improvement be considered, was
received and referred to the staff for report.
Upon a motion by Councilman Barton, communication from
Warner Cable Corporation dated September 10, 1979, accepting the
terms of the franchise granted by the City of Bakersfield Ordinance
No. 2518 and agreeing to comply with the provisions thereof, was
received and placed on file.
Upon a motion by Councilman Payne, communication from
the Board of Directors, Village Green Homeowners Association,
Bakersfield, dated September 10, 1979, supporting the development
of property at Ming Avenue and New Stine Road, was received and
placed on file.
Bakersfield, California, September 19, 1979 - Page 2 3~9
COUNCIL STATEMENTS
Councilman Barton nominated the following to serve on
the Energy Committee: Councilman Means, Chairman; Councilman
Ratty and Councilman Christensen. Councilman Strong's motion
that the nominations be closed was approved unanimously.
The appointments of Councilman Means, Chairman, Councilman
Ratty and Councilman Christensen to
were approved by the following roll
Ayes: Councilmen Strong, Barton,
Payne, Ratty
serve on the Energy Committee
call vote:
Christensen, Means, Miller,
Noes: None
Absent: None
Councilman Barton nominated Councilman Ratty to serve
as Councilman Means' Alternate as a representative to the Kern
County Council of Governments (KERNCOG) was approved unanimously.
After discussion, upon a motion by Councilman Miller,
the matter of the Council policy on parks was referred to the
Auditorium-Recreation Committee of the Council.
REPORTS
Councilman Strong, Chairman of the Governmental E£ficiency
and Personnel Committee, read Report No. 12-79 regarding Police
Department Training Study and Employee Unit Change, as follows:
The Governmental E££iciency and Personnel
Committee met last week to consider two
proposals from management consulting firms
regarding the Police Department training
study. Both proposals are considered to be
acceptable; however, it is our recommendation
to contract with the £irm of Management Assess-
ment Centers in Huntington Beach, California.
Attached to this report is a detailed proposal
which was presented by Dr. Paul Whisenand.
As pointed out in this proposal, the Manage-
ment Assessment Center has performed over
400 training programs and conducted approxi-
mately 100 evaluation research studies. The
majority of these efforts have been in the
police field. They are certified by the
State of California to conduct police training
programs.
'330
Bakersfield,
California,
September 19, 1979 - Page 3
The evaluation team will consist of Dr. Paul
Whisenand and Robert Wasserman. They have
submitted two plans; one costing $21,000 and
the second, $28,000. In order to have a
complete detailed training study, we are
recommending that the City Council authorize
the $28,000 study in order to assess the
training needs, establish performance objec-
tives, develop training strategy and tactics,
and provide for program measurement and a
reporting system.
In order to implement this report, we are
recommending that the City Council authorize
the Mayor to enter into this agreement with
Management Assessment Centers.
In other personnel-related matters, this
Committee is recommending that the Range
Master classification be transferred from
the Police Unit to the White Collar Unit.
This position was mistakenly placed in the
Police Unit. All benefits should be retro-
active to the first pay period in July, 1979.
Upon a motion by Councilman Strong, Governmental Effi-
ciency and Personnel Committee Report No. 12-79 regarding Police
Department Training Study and Employee Unit Change was accepted,
contract with the firm of Management Assessment Centers,
Huntington Beach, California, at a cost of $28,000, was approved
and the Mayor was authorized to execute same; transfer of Range
Master classification from the Police Unit to the White Collar
Unit, with benefits retroactive to the first pay period in July,
1979, was approved.
Director of Fire and Development Services Needham
announced that on Wednesday, September 26, 1979, at 7:00 P.M.,
a special meeting of the City Council and Redevelopment Agency
would be held regarding the proposed Downtown Shopping Center.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1266 to 1497,
inclusive, in the amount of $441,793.19.
(b)
Claim for Damages from Bakersfield Ready
Mix, Inc., P.O. Box 9787, Bakersfield.
(Refer to City Attorney)
Bakersfield, California, September 19, 1979 - Page 4 331
<c)
(d)
(e)
(f
(g)
(h)
Claim for Damages from Carters & Cook
Insurance on behalf of Victor H. Romero,
Sr., 4416 Kentfield, Bakersfield.
(Refer to City Attorney)
Request from Jack D. Collier, Deluxe Home
Builders, Inc., for amendment to the
General Plan for commercial use for
property located at 715 Olive Street.
(Refer to Planning Commission for study
and recommendation)
Notice of Completion and Acceptance of Work
on improvements on (1) Tract No. 4017,
(2) Tract No. 3897, (3) Sanitary Sewer in
Panama Lane between Stine Road and South
"H" Street, (4) Pacheco Greenbelt and
Wilson Park Subsurface Drain System.
(i)
Tract No. 4017, Contract No. 79-63,
located at Planz Road and Parkland
Court was completed on September 7,
1979.
(2)
Tract No. 3897, Contract No. 77-101,
located at Auburn Street and Eissler
Street, was completed on September 10,
1979.
(3)
Sanitary Sewer in Panama Lane between
Stine Road and South "H" Street,
Contract No. 79-30, was completed
within the time allowed by the contract.
(4)
Pacheco Greenbelt and Wilson Park Sub-
surface Drain System, Contract No. 79-100,
was completed within the time allowed by
the contract.
Agreement with Pacific Gas and Electric Company,
for Right-of-Way and Easement for electric and
telephone services assigned by Southern
California Edison Company to Pacific Gas and
Electric Company on City owned land located
adjacent to Kern River between Chester Avenue
and Southern Pacific Railroad.
Grant Deed from Loma Vista Construction, a
General Partnership, providing for a drainage
sump as required for Tract No. 3828, located
south of Fairview Road, west of South "H"
Street.
Public Utility Easement from Herbert W. Hardt
and Margaret K. Hardt, providing for public
utility easement as required for Parcel Map
No. 4898, located at the southwest corner of
California Avenue and Mohawk Avenue.
332
Bakersfield, California, September 19, 1979 - Page 5
(i)
Plans and Specifications for Construction
of Traffic Signals along Stockdale Highway
at E1 Rio Drive, and Montclair Street
and along California Avenue at Business
Center Drive, Lennox Avenue and Mohawk
Street, including a traffic signal inter-
connect system along California Avenue.
(J)
Contract Change Order No. 1 to Contract
No. 79-77 with Granite Construction Company
for construction of California Avenue
between Union Avenue and King Street.
(k)
Application for Encroachment Permit from
Paul Galvillo, 400 King Street, for a
4-foot high chain link fence at the back
of sidewalk along King Street and Dolores
Street.
(i)
Application for Encroachment Permit from
Steven Nunneley, 600 Quail Park Court,
Bakersfield, for construction of a 3-foot
high wooden fence along side yard to the
back of sidewalk at 600 Quail Park Court.
(m)
Map of Tract No. 4183 and Improvement
Agreement for the construction of improve-
ments therein, located along Real Road and
north of Garnsey Lane.
(n)
Street Right-of-Way Deed from Kern High
School District to the City Re Truxtun
Avenue Extension.
(o)
Communication £rom residents of the area
south of Pacheco Road and west of Hughes
Lane, dated September 15, 1979, requesting
annexation to the City and consideration
for a public improvement district for
sewer service. (Refer to Planning Com-
mission for study and recommendation)
(P)
Plans and Specifications for the Construction
of Street Improvements on California Avenue
between Oak Street and Stockdale Highway.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), and
(p) of the Consent Calendar were adopted by the following roll
call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
333
1979 - Page 6
Bakersfield, California, September 19,
ACTION ON BIDS
Upon a motion by Councilman Miller, low bid of Granite
Construction Company for Construction of Asphalt Concrete on
portions of Panorama Drive near Fairfax Road was accepted, all
other bids rejected, and the Mayor was authorized to execute
the contract.
Regarding Construction of the South Wing Addition,
Bakersfield City Hall, one bid in the amount of $2,845,000 was
received from Tumblin Co., Bakersfield. Although only one bid
was received, the staff and architect have evaluated the bid and
found it to be acceptable. A minimum of eight qualified bidders
were contacted concerning bidding on this project. Lack of
interest is due primarily to the high volume of other construction
work in this area.
The bid exceeds the budgeted amount by approximately
$235,000 and will require a transfer of funds. The amount of
$300,000 was budgeted to acquire additional land within the Civic
Center. At this time this property is not available, and these
funds could be used to complete the City Hall Addition. Sufficient
funds are not available to finish the interior of the second floor
offices of this two-story addition. Staff anticipates that this
item will be recommended in the budget when funds become available.
In response to a question by Councilman Christensen,
Director of Public Works ttawley stated that the construction of
the South Wing Addition would be funded 100% from Revenue Sharing
Funds. Discussion took place on the inflation factor used by the
City and what should be used.
Mr. Whitney Biggar, of Biggar, Frapwell,
Architects, responded to questions of the Council
appropriate inflation factor and the bid on the Construction of the
South Wing Addition to the Bakersfield City Hall.
Ghezzi & Cartnal,
regarding the
334
Bakersfield,
California, September 19, 1979 - Page ?
After considerable discussion, upon a motion by
Councilman Barton, Tumblin Co., Bakersfield, was awarded the
contract for Construction of the South Wing Addition of the
Bakersfield City Hall, and budget transfer of $235,000 from
Account No. 54-393-9100 was approved. Councilman Ratty voted
in the negative.
Upon a motion by Councilman Payne, Annual Contract
for Propane was accepted, all other bids were rejected, and the
Mayor was authorized to execute the contract, with Pargas.
Upon a motion by Councilman Ratty, low bid from Ray
Gaskin Service for Three Axle, Rear Loading Refuse Trucks (2
each) was accepted, all other bids rejected, and budget transfer
in the amount of $10,500 from the Equipment Replacement Contin-
gency Account No. 81-484-6100 to Account No. 81-484-8000 was
approved.
Due to a conflict of interest, Councilman Miller did
not participate in Action on Bids for Installment Purchase of
Electronic Typewriter for the City Attorney's Office.
Upon a motion by Councilman Payne, low bid from A. B.
Dick Products for installment purchase of electronic typewriter
for the City Attorney's Office was accepted, all other bids
rejected, and the Finance Operations Manager was authorized to
make arrangements with United California Bank for the financing.
DEFERRED BUSINESS
Adoption of Ordinance No. 2522 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 north side of Panama Lane,
east of State Highway 99.
The application for this amendment was made by Hal
Doran and would change subject property from a TT (Travel Trailer
Park) Zone to a C-2 (Commercial) Zone. The Planning Commission
was of the opinion the "D" Design Overlay should be applied to
the C-2 Zoning.
Bakersfield, California, September 19, 1979 - Page 8 335
Upon a motion by Councilman Barton, Ordinance No.
2522 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 north side of Panama Lane, east of State Highway 99, was
adopted by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Adoption of Ordinance No. 2523, 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
northeast of the Wible Road and
Panama Lane intersection.
The application for this amendment was made by E. N.
Oldham and would change subject property from an "A" (Agricultural)
Zone to an R-1 (One Family Dwelling) Zone.
Upon a motion by Councilman Barton, Ordinance No.
2523 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 north-
east of the Wible Road and Panama Lane intersection was adopted
by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Adoption of Ordinance No. 2524
New Series of the Council of the
City of Bakersfield amending
Section 3.18.110 (c) (1) of the
Municipal Code of the City of
Bakersfield respecting Leadman
responsibilities.
Upon a motion by Councilman Means, Ordinance No. 2524
New Series of the Council of the City of Bakersfield amending
336
Bakers£ield, California, September 19, 1979 - Page 9
Section 3.18.110 (c) (1) of the Municipal Code of the City of
Bakersfield respecting Leadman responsibilities was adopted by
the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Adoption of Ordinance No. 2525
New Series of the Council of the
City of Bakersfield amending Chapter
9.08 o£ the Municipal Code by amending
Sections 9.08.010 (b), 9.08.010 (e),
9.08.050 (a) and (b), 9.08.110 and
adding Section 9.08.245, relative to
the Public Pound.
Upon a motion by Councilman Christensen, Ordinance No.
2525 New Series of the Council of the City of Bakersfield amending
Chapter 9.08 of the Municipal Code by amending Sections 9.08.010
(b), 9.08.010 (e), 9.08.050 (a) and (b), 9.08.110 and adding
Section 9.08.245, relative to the Public Pound, was adopted by
the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Adoption of Ordinance No. 2526
New Series of the Council of the
City of Bakersfield amending
Sections 7.40.010 (a) and
7.40.120 and adding Section
7.40.200 to Chapter 7.40 of the
Municipal Code relative to Public
Dances and Dance Halls.
This ordinance would make the closing time for dancing,
in establishments in which dancing is incidental to the business,
consistent with the closing time for public dances.
Sergeant Ken Wiggins, Bakersfield Police Department,
answered questions posed by Councilman Strong relative to this
ordinance.
Bakersfield, California, September 19, 1979 - Page 10
337
Ayes
Noes
Absent:
Councilman Means moved that this matter be referred to
the Business Development and Parking Committee, to meet with the
Police Department for establishing guidelin~by which after hour
operations could be evaluated, come back in the next two weeks
with their recommendations, and come up with a much better
ordinance.
Councilman Payne made a substitute motion that the
ordinance be adopted as proposed.
After considerable discussion, Ordinance No. 2526 New
Series of the Council of the City of Bakersfield amending Sections
7.40.010 (a) and 7.40.120 and adding Section 7.40.200 to Chapter
7.40 of the Municipal Code relative to Public Dances and Dance
Halls was adopted by the following roll call vote:
Councilmen Barton, Miller, Payne, Ratty
Councilmen Strong, Christensen, Means
None
NEW BUSINESS
Authorization approving the sub-
mittal of an application to the
State Department of Housing and
Community Development for partici-
pation in the Deferred Payment
Rehabilitation Loan Program (SB 966).
On July 17, 1979, the California Housing Finance Agency
awarded HOHI "Tandem Designation" to the City of Bakersfield.
This qualified the City to participate in the State's deferred
payment rehabilitation loan program authorized under SB 966
(Marks). The program provides deferred payment loan funds to
local government to assist with the rehabilitation of housing for
low- and moderate-income households. The Community Development
Department will administer the disbursement of deferred loans
with 3% interest on the original principal.
Upon a motion by Councilman Means, authorization was
granted to submit application for SB 966 funds; participation in
338
Bakersfield,
California,
September 19,
1979 - Page 11
the Deferred Loan Program authorized, and submittal of SB 966
proposal/application approved.
Approval of transfer of funds to cover
additional costs related to the con-
struction of the Fire Training Tower.
On August 29, 1979 the Council awarded the contract for
the construction of the Training Tower and authorized the transfer
of funds to cover the difference between the low bid and the
amount budgeted. At that time it was not known to the Finance
Department that there were additional costs for structural and
soil engineering. Funds are available through revenue sharing.
Upon a motion by Councilman Barton, the transfer of
$4,950 from Account No. 54-693-7500 to Account No. 54-693-9200
to cover additional costs related to the construction of the
Fire Training Tower was approved.
HEARINGS
This is the time set for public hearing concerning
review and consideration, and certifying completion of the Final
EIR re Amendment of Land Use and Circulation Elements of the
General Plan in Rio Bravo.
This hearing has been duly advertised and the property
owners have been notified.
A resolution certifying the Final EIR is the final step
in the EIR process prior to adoption of the General Plan amend-
ments to the Rio Bravo area.
The Final EIR was approved by the Planning Commission
after a public hearing completed on August 15, 1979 and recom-
mended for certification by the City Council.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Daniel R. Hale, resident of the Rio Bravo area,
protested that he had not had a response to a letter he sent to
the Planning Department in May of this year, and he was of the
339
Bakersfield, California, September 19, 1979 - Page 12
opinion that the EIR was inadequate. He also stated the roads
in the area he lives in had not been maintained by the City
since annexation into the City.
Mr. Dennis Triplett, Quad Consultants, answered questions
posed by the Council regarding the EIR.
No further protests or objections being received and no
one wishing to speak in favor, Mayor Hart closed the public portion
of the hearing for Council deliberation and action.
Councilman Christensen objected to the Council receiving
maps without identification of streets and roads.
Upon a motion by Councilman Barton, public hearing con-
cerning review and consideration, and certifying completion of the
Final EIR re Amendment of Land Use and Circulation Elements of the
General Plan in Rio Bravo was deferred until the Council Meeting of
October 3, 1979, 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 concerning
proposed Amendment to the Land Use and Circulation Elements of
the General Plan in the Rio Bravo area.
The hearing has been duly advertised and the property
owners have been notified as required by law.
The proposed amendment, which is the subject of this
hearing, was approved by the Planning Commission after a public
hearing completed on August 15, 1979, and recommended for adoption
by the City Council.
Mayor Hart declared the hearing open for public partici-
pation.
signed by
King Estates, Tract
Dr. John Almklov presented to the Council a petition
30 residents of the Property Home Owners of Cattle
3817, opposing the reopening of the abandoned
340
Bakersfield, California, September 19, 1979 - Page 13
County Road bordering the northeast side of Cattle King Estates,
inasmuch as this road runs directly along the back of a large
number of lots and the traffic and noise resulting from the
reopening of the road would destroy their privacy and reduce
their property values.
Mr. Daniel R. Hale objected to the location of some of
the roads shown on the map of the Rio Bravo area.
Mr. Gerhard Schmidt stated his opposition to a road
running along the back of his property located in the Cattle
King Estates because of the noise and danger to the children in
the area.
Mr. Art Jones, a property owner on the Panorama Drive
extension, presented the notice of the meeting he had received
and complained that the way the notice was written didn't tell
him how he might be affected as a result of the hearing.
Mr. Ed Migge, Executive Director of Kern Development
Corporation, located in Long Beach, California, stated that he
was in attendance at the meeting even though his secretary had
received conflicting in£ormation from City Hall personnel as to
whether or not this hearing was scheduled for this evening.
No further protests or objections being received and
no one wishing to speak in favor, Mayor Hart closed the public
portion of the hearing for Council deliberation and action.
After considerable discussion, upon a motion by Council-
man Barton, public hearing concerning proposed Amendment to the
Land Use and Circulation Elements of the General Plan in the Rio
Bravo area was deferred until the Council Meeting of October 3,
1979, by the £ollowing roll call vote:
Ayes: Councilmen Strong, Barton, Christensen,
Payne, Ratty
Noes: None
Means, Miller,
Absent: None
Bakersfield,
California,
September 19, 1979 - Page 14
This is the time set for hearing before the Council on
an Appeal by Mr. and Mrs. Albert Philips regarding the Planning
Commission's denial of their request for a roof sign on Grandma's
Trunk (Antique Shop), located at 1115 "H" Street.
The Planning Commission denied the request for a
Special Sign Permit for a 2' x 8' roof mounted sign, 16 feet high,
for Grandma's Trunk located at 1115 "H" Street.
Mr. Albert Philips, owner of Grandma's Trunk, stated
that he was informed by the Building Department personnel that
a roof sign would not be in violation of the City's Sign Code,
but after the sign had been installed he was informed that the
sign was in violation.
Building Director Bidwell stated the Building Department
had no record of the initial request from the Philips regarding a
roof sign.
After discussion, upon a motion by Councilman Barton
the hearing before the Council on an Appeal by Mr. and Mrs. Albert
Philips regarding the Planning Commission's denial of their
request for a roof sign on Grandma's Trunk (Antique Shop) located
at 1115 "H" Street, was deferred until the Council Meeting of
October 3, 1979, and in the interim Mr. and Mrs. Philips were
asked to meet with staff to consider placement of the sign where
it would be visible to the public, yet not be in violation of the
Sign Code, by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Christensen, staff was
requested to indicate the names of all streets and roads on maps
that are put in the Councilmen's packets, and if such streets
and roads are as yet unnamed, that should be shown as well.
342
Bakersfield,
California,
September 19,
1979 - Page 15
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at 10:32 P.M.
' d, Calif.
ATTEST:
oC~TtYhe C~itKyao fd BaX~d ,C 1 ~ar lki~o~rnt ~
Council
mp
Bakersfield, Cali£ornia, September 26, 1979
3,t3
Minutes of a Joint Meeting and Workshop of the Council
of the City of Bakersfield and the Bakersfield Redevelopment Agency,
held in the Council Chambers of City Hall at 7:00 P.M., September
26, 1979.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Dr. Glenn D.
Puder.
The City Clerk called the roll of the Council,
Present
Absent:
follows
Present
Absent:
Councilmen Barton,
Ratty,
Mayor Hart.
Christensen, Means, Miller,
Strong
as follows:
Payne,
The Agency Secretary called the roll of the Agency,
as
Agency Members Casper, Foth, King, Lewis, Poehner, Puder
Agency Member Mooneyham
Agency Member Poehner stated that due to a real or
imaginary conflict of interest he would not participate in the
following matter.
Vice-Mayor Barton stated the Joint Meeting and Workshop
was called for the purpose of discussing the proposed Downtown
Shopping Center.
Mr. Eugene B. Jacobs, Special Counsel for the Redevelop-
ment Agency, with the aid of a map, pointed out the areas being
proposed for the downtown shopping center and hotel site, which
will require an amendment to the Redevelopment Plan. The proposed
site £or the downtown shopping center is bounded by 23rd Street
on the north, 20th Street on the south, "L" Street on the west,
and "Q" Street on the east. The proposed hotel site is bounded
by Truxtun Avenue on the north, 14th Street on the south, "N"
Street on the west, and "Q" Street on the east. Mr. Jacobs
outlined the steps necessary to amend the Redevelopment Plan and
stated the joint public hearing on this matter will probably be
scheduled for December 5, 1979.
With the aid of a site plan, Mr. Jacobs reviewed the
land acquisition process, demolition of buildings & site clearance,
344
Bakersfield, California, September 26,
1979 - Page 2
design of the shopping center and surrounding parking facilities.
The Agency would develop surface and structured parking and lease
it back to the developer. The developer would carry the cost of
maintaining and operating the parking. The Agency would receive
$7,000,000.00 up front for the purchase price of the parking and
$800,000.00 per year for the first five years, and $900,000.00
per year thereafter for the length of the lease. Tax increment
financing will provide the additional funding. The assessed
valuation now and thereafter will produce a cash flow. The
purchase price, combined with the $800,000 and $900,000 per year
for the parking lease and tax increments, will pay off the
Agency's responsibilities. If the amendment to the Redevelopment
Plan is adopted on December 5, 1979, within a certain time period
the developer will advance the purchase price of $5,000,000.00
plus $2,000,000.00 for the Agency's working capital so they will
not have to borrow it on the market. The remaining money can
be obtained by lease revenue financing.
Mr. Dan Donahue, President of John S. Griffith &
Company, stated for several months they have been ~orking on a
plan that was mostly deck parking. It was very similar to the
shopping center in Glendale that was reviewed by a group from
Bakersfield. The parking configuration has been revised because
it is cheaper to build on-site parking rather than deck parking.
Because parking is the City's obligation, the first phase will
contain approximately 3,450 parking stalls; 2,530 stalls will
be at grade, and the deck will have approximately 960 parking
stalls on a one level deck. In the first phase it is proposed
to build four department stores. Those four stores will have
an aggregate total of 500,000 square feet, and in addition
275,000 square feet of retail shop area will be built (approxi-
mately 150 retail stores). That amounts to a total of 775,000
square feet in the first phase. Mr. Donahue pointedout, on the
site plan, the location where the fifth department store could
be built. When the fifth department store is constructed, the
City will be asked, in the disposition agreement, to provide
Bakersfield, California, September 26, 1979 - Page 3
345
the parking for that store. The initial parking ratio will be
4½ cars per 1,000 square feet of leasable area, which is lower
than normal. It is felt that when the fifth store is constructed
that the ratio should be raised to five, and that has been made
part of the contract with the City. John S. Griffith & Company
feels very confident that the initial four stores will be signed
very shortly. All of the shopping center complex will be owned
by John S. Griffith & Company, and the department stores will be
deeded their parcels. The land purchase price for the shopping
center will be $7,000,000.00. That will be accomplished by a
down payment of $5,000,000.00, and an additional payment of
$2,000,000.00 when all the reciprocal easements and documentation
are finished. The City will use the $5,000,000.00 to assist in
acquisition of property and relocation of existing property owners.
The parking will be built by the City and leased back to the
developer. Thirty days after the City signs the disposition
agreement, John S. Griffith & Company will forward $5,000,000.00
to the City. As far as construction timing is concerned, John S.
Griffith & Company is looking for an opening in the fall of 1982
and have been assured, by many of the people we are working with,
that this is a very realistic time schedule.
The Council, Agency Members, Mr. Jacobs and Mr. Donahue
engaged in a discussion regarding rezoning property in the suburban
area (especially northeast Bakersfield) for a shopping center,
urban versus suburban shopping centers and the economics involved
in developing the downtown area.
Mr. Calvin Hollis, Partner in the firm of Katz, Hollis,
Coren & Associates, the Redevelopment Agency's financial consul-
tants, stated they have, based on the most recent negotiations
between the Agency and developer, developed the financing plan
for the shopping center.
and private ownerships.
tha~ appears to be most
which the
The center will be a mixture of public
In doing that, the financing strategy
appropriate is lease revenue financing,
City has had experience with. We are proposing that
346
Bakersfield,
California, September 26, 1979 - Page 4
the Agency sell a lease revenue bond. It would use proceeds from
that bond to acquire the site for the parking facilities and
construct the parking facilities. It would then lease those parking
facilities to the City of Bakersfield for an amount equal to debt
service on the bond. The City wouldin turn sublease the parking
structure on a nonexclusive basis to the developer for an amount
currently negotiated at $800,000.00 for the first five years,
increasing to $900,000.00 beginning the sixth year. The difference
between the actual debt service on the bonds and the sublease
payments would be reimbursed to the City from the Redevelopment
Agency through tax increment revenues generated within the down-
town project. We have very recently projected tax revenues for
an eight year period beginning this year for the downtown project,
assuming the retai~ center is constructed based upon the current
site plan, roughly 750,000 square feet of leasable area with four
department stores. Based on our projections, which are very
conservative, and I can go into some of the assumptions that
were used to show why I believe that they are conservative, there
will be enough revenue generated within the downtown project area,
assuming nothing else is built in the project area other than the
retail center, to finance this particular project based on all
the cost estimates that have been obtained by the Agency. Some
basic assumptions to those projections are, one, that the
property tax remains at $4.00. In fact, the tax rate last year
was about $4.50, so we have understated the tax rate, and we
did that purposely. For every 10~ in tax rates above $4.00,
it generates approximately $26,000.00 in tax revenues to the
Agency. We have assumed, again, a $4.00 tax rate. We have
assumed no new construction in the project area. Obviously there
are plans and there are, in fact, buildings under construction
today in Downtown Bakersfield. The California Republic Bank,
as an example. We assumed no new values would come in place.
The only increase other than the retail center, we assumed,
was a 2% annual increase in the value of real property, which
is the increase that is allowed under Proposition 13 for proper-
ties that do not change ownerships and do not experience new
Bakersfield, California~ September 26, 1979 - Page 5
347
construction. That is the only increase in values that we have
assumed over this eight year period together with the retail center,
of course. We have assumed no possessory interest taxes on the
parking garage. We have assumed no increases in the value of
State assessed properties. We have assumed that in the Agency's
borrowing through a lease revenue that it would be required to
fund two years of interest out of the bond issue and would also
have to fund a one year reserve. That reserve would be equal to
maximal debt service on the bonds. We allowed for a cost of
issuance that is typical for these types of bonds. For all those
reasons, we believe our revenue estimates are conservative.
Additionally, we have assumed that the center would open one year
later than what is currently projected. We assumed a fall of
1983 opening, and it is the developer's intention to open in the
fall of 1982. So we have allowed a one year lag time into these
projections as well. I will also add that the Agency members and
Council members will be receiving our full report within approxi-
mately one week. Because the negotiations with the developer were
not completed until a very late date, we were not able to put in
all the numbers that should be there. As an example, we assumed
a lease payment less than what has now been currently negotiated.
Councilman Christensen requested that Mr. Hollis' remarks
be recorded in the minutes in detail.
Mr. Jerry Keyser, of Keyser, Marston Associates, the
Redevelopment Agency's Economics Consultant, commented on the
trend of shopping center development over the last 20 years. The
mall type shopping center, closing of streets and working with
what is available, is not working. It has been tried in Fresno,
Pomona, Santa Monica, etc., and it has not worked. The shopping
center type configuration is working in places where retailing is
coming back to the downtown areas. The economics and realities
of retailing are the kind of factors that come into play when
looking at what a shopping center development can afford to pay;
what the developer and tenants can afford to pay; and why there
is a need. When all the numbers are added on the cost side, and
348
Bakersfield,
California,
September 26, 1979 - Page 6
what they can afford to pay on the revenue side, there is a gap,
and that is why tax increment financing comes into fill that gap.
Some very important advice to the City, Agency, and Mr. Jacobs is
that the economics of the shopping center pays all it can in terms
of what is fair against the economics that are at play in this
particular community, and in the downtown area. We have been very
involved, and are convinced, that the numbers presented this
evening, particularly the land price of $7,000,000.00, and in
arriving at the lease payment of $800,000.00 per year for the
first five years and $900,000.00 thereafter, represent a very
fair transaction from the City's point of view.
Mr. Jacobs briefly reviewed the schedules for the
Redevelopment Plan Amendment and approval of the Joint Development
Agreement.
Councilman Miller asked if the price of the property is
$7,000,000.00.
Mr. Keyser stated no, the $7,000,000.00 is the price
being paid by the developer to the Agency.
Mr. Hollis stated the Agency has had several appraising
firms conduct a budget appraisal of the property, and their
professional judgment, as to what an acquisition budget would be,
is $9,500,000.00 for the property. That is acquisition only.
The total public cost, before parking construction and interest
funding, is $14,400,000.00. Parking construction, because of the
preponderance of surface parking, is estimated to be $7,000,000.00.
That is a total of $21,400,000.00, and to that should be added
approximately $4,500,000.00 for various interest and reserve
funds that are required when the bond issue is sold. Total public
costs are estimated at approximately $26,000,000.00. Sources of
revenue for those costs are: $7,000,000.00 from the developer as
purchase price and the remainder $19,000,000.00 is a lease revenue
bond issue. That is paid from tax increments and lease payments
from the developer.
Agency Member King stated that Councilman Miller asked
Mr. Hollis a question which he thought was "What is going to be the
349
Bakersfield,
California,
September 26,
1979 - Page 7
cost to the City to acquire Parcel A." Councilman Miller made
specific reference to the fact that the City contemplates selling
that parcel to the developer, and the answer given can be highly
misleading. Mr. King states he assumes, from what was said, that
the response had to do with acquisition cost of the entire projeot.
Mr. Hollis stated he thought the question was "What is
the acquisition cost to the Agency for the entire site."
Agency Member King stated, as he understands it, that
only Parcel A will be sold, and the City will retain ownership of
the remainder.
Mr. Hollis stated that is correct.
Agency Member King asked Mr. Hollis, for a fair compari-
son, what have the economic projections shown to be the cost to
the City for Parcel A, which will be sold back to the developer.
Mr. Hollis stated the property was appraised block
by block. It was not broken down by the appraisers into three
areas (Parcel A & B disposition parcels and the remaining parcel
as public parking facilities). That information can be obtained.
Approximately 50% of the area is taken up by the disposition
parcel. Obviously the land costs are not distributed evenly;
but if they were, approximately $4,700,000.00 is the cost to
the City for the parcel being disposed of for $7,000,000.00. It
is important to add that the City is also providing parking.
Agency Member King stated that there is a possibility,
at some future date, that the developer would exercise options
for purchasing the rest of the property at the fair market value
at that time and wind up paying a great deal more money.
Mr. Hollis stated that was correct.
Councilman Payne asked if the total cost of $26,000,000.00
included the cost of relocating businesses in the area, plus
legal representation for the City or Agency in any litigation
that might result or consulting fees.
Mr. Hollis read the following breakdown of costs:
Acquisition (budget appraisal by
property appraisers) $9,500,000
Relocation (includes 20% contingency 2,071,000
factor)
350
Bakersfield, California, September 26, 1979 - Page 8
Demolition
Site Preparation
Administration (consulting fees
and staff time; does not include
bond issuance fees)
500,000
1,100,000
675,000
Contingency
250,000
Estimated Construction (surface
and structured parking
facilities)
7,000,000
Required for funded interest
for 2 years and 1 year debt
service reserve
4,500,000
Issuance cost for bond
(estimated)
100,000
After a lengthy discussion, Vice-Mayor Barton and
Agency Chairman Casper declared a brief recess at 9:10 P.M. and
reconvened the joint meeting at 9:20 P.M.
Adoption of Resolution No. 73-79 of
the City Council of the City of
Bakersfield authorizing and directing
the Bakersfield Redevelopment Agency
to commence proceedings to amend the
Amended Redevelopment Plan for the
Downtown Bakersfield Redevelopment
Project.
Upon a motion by Councilman Christensen, Resolution No.
73-79 of the City Council of the City of Bakersfield authorizing
and directing the Bakersfield Redevelopment Agency to commence
proceedings to amend the Amended Redevelopment Plan for the
Downtown Bakersfield Redevelopment Project, was adopted by the
following roll call vote:
Ayes
Councilmen Barton, Christensen, Means, Payne, Ratty,
Strong
Noes
Councilman Miller
Absent: None
Adoption of Resolution No. RA 2-79
of the Bakersfield Redevelopment Agency
establishing the proposed base year
assessment roll for the Amended Down-
town Bakersfield Redevelopment Project;
authorizing the transmittal of a map,
boundary description and a statement
to taxing officials and agencies; and
authorizing payment of a Filing Fee
to the State Board of Equalization.
Upon a motion by Agency Member Puder, seconded by Agency
Member Lewis, Resolution No. RA 2-79 o£ the Bakersfield Redevelop-
ment Agency establishing the proposed base year assessment roll
351
Bakersfield,
California,
September 26,
1979 - Page 9
for the Amended Downtown Bakersfield Redevelopment Project;
authorizing the transmittal of a map, boundary description and
a statement to taxing officials and agencies; and authorizing
payment of a Filing Fee to the State Board of Equalization, was
vote:
Foth, King, Lewis, Puder
Agency Members Casper,
None
adopted by the following roll call
Ayes:
Noes:
Absent:
Abstaining: Agency Member Poehner
Agency Member Mooneyham
Adoption of Resolution No. RA 3-79
of the Bakersfield Redevelopment Agency
authorizing and directing Agency Staff
to consult with and obtain the advice
of residents and community organizations
within the areas to be added to the
Downtown Bakersfield Redevelopment
Project.
Upon a motion by Agency Member Lewis, seconded by
Agency Member King, Resolution No. RA 3-79 of the Bakersfield
Redevelopment Agency authorizing and directing Agency Staff to
consult with and obtain the advice of residents and community
organizations within the areas to be added to the Downtown
Bakersfield Redevelopment Project, was adopted by the following
roll call vote:
Ayes
Noes
Agency Members Casper, Foth, King, Lewis, Puder
None
Absent:
Agency Member Mooneyham
Abstaining: Agency Member Poehner
Adoption of Resolution No. RA 4-79
of the Bakersfield Redevelopment Agency
authorizing the filing and publication
of a Notice of Completion of the Draft
Subsequent Environmental Impact Report
for the Downtown Bakersfield Redevelop-
ment Project; authorizing its circulation
to public agencies and the public hearing
thereon; setting the time, date and
place of said public hearing; and
authorizing publication of Notice of
such public hearing.
Upon a motion by Agency Member Foth, seconded by Agency
Member King, Resolution No. RA 4-79of the Bakersfield Redevelopment
Agency authorizing the filing and publication of a Notice of
Completion of the Draft Subsequent Environmental Impact Report
for the Downtown Bakersfield Redevelopment Project; authorizing
352
Bakersfield, California, September 26, 1979 - Page 10
its circulation to public agencies and the public hearing thereon;
setting the time, date and place of said public hearing; and
authorizing publication of Notice of such public hearing, was
adopted by the following roll call vote:
Ayes Agency Members Casper, Foth, King, Lewis, P~der
Noes: None
Absent: Agency Member Mooneyham
Abstaining: Agency Member Poehner
ADJOURNMENT
Upon a motion by Councilman Christensen, the Joint
Meeting and Workshop of the Council of the City of Bakersfield
and the Bakersfield Redevelopment Agency regarding the Downtown
Shopping Center, was adjourned at 9:35 P.M.
MAYO~/of the City of Bakersfield,
ATTEST:
CITY CL~K and Clerk of the Council
of the City of Bakersfield, California
ma