HomeMy WebLinkAboutJAN - MAR 1978420
Bakersfield, California, January 4, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., January 4, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Dr. Paul H. Stewart
member of the High Council of the Church of Jesus Christ of Latter -
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Ratty, Rogers, Strong, Barton,
Christensen, Medders
Absent: Councilman Sceales
Minutes of the joint public hearing of December 21, 1977
and regular meeting of December 21, 1977, were approved as presented.
Special Report.
City Manager Bergen stated that the City Attorney advised
him that public discussion of the claim or lawsuit resulting from
the dance incident of November 12, 1977, could jeopardize the City's
position, as well as, the individuals named in the lawsuit. The
fact that 26+ police officers are named, individually, makes it
even more important that the Council act prudently. Towards that
end the following things were done:
1. Copy of lawsuit was furnished to each
Councilman without comment.
2. The claim was placed on the Consent
Calendar, as is customary.
3. The response to Resolution No. 105 -77 has
been prepared and is being submitted this
evening.
4. The City Attorney was requested to prepare
a report for the Council which delineates
the duties and responsibilities of the
City in light of the claim and lawsuit.
The City Attorney has prepared a report
entitled "Guidelines for Action Relating
to Claims and Lawsuits."
Mr. Bergen stated that a copy of his response to Resolution
No. 105 -77 and the City Attorney's report has been furnished to
the Council, and no action is required on these reports.
E3
42I
Bakersfield, California, January 4, 1978 - Page 2
Mr. Bergen read the City Manager's report into the
record, as follows:
In response to the Council's Resolution No.
105 -77 setting forth its position on obedience
to laws, the staff has always concurred and
agreed with this philosophy.
In an effort to set the record straight regarding
use of force, police officers of this city are
sworn to uphold the Constitution and laws of
the State of California. In so doing there
are specific sections of the State Penal Code
which regulate the use of force by police
officers. The State law pre -empts this field
from local regulations. The State law provides
that an officer may use reasonable force to
make an arrest or overcome resistance. If the
officer uses force unreasonably, then he or
she is subject to criminal sanctions mandated
by State law.
The City Council has been on record for many
years in support of these State laws as evi-
denced by City Ordinance Section 3.14.310
allowing persons easy and specific methods to
register complaints against police officers.
This ordinance states that all complaints shall
be filed with the appointive authority (Chief
of Police) who shall make a thorough investi-
gation, and if sufficient evidence is filed to
substantiate the charges, the Chief shall file
charges against the officer through the Police
Civil Service Commission. If the aggrieved
party is not satisfied with the decision of
the Chief, he may take his complaint to the
District Attorney's office.
All new officers receive training in the
following areas during the basic police
academy: community relations; defensive
tactics and physical fitness; person- search
techniques; search, handcuffing and control
simulation; handgun- shooting principles;
simulated use of force; chemical agent simu-
lation; principles of weaponless defense;
crowd control; reasonable force; and many other
up -to -date courses which are taught police
officers throughout the State.
In addition, the Chief of Police has established
definite departmental policies and procedures
regarding the use of non- lethal defensive
weapons and firearms. The department also has
ongoing in- service training programs, as well
as advanced officer training programs, offered
by the Police Officers Standards and Training
(POST).
The Chief of Police, in an effort to assure him-
self of some direct communication from the
public regarding the operations of the police
department, has established an internal
422
Bakersfield, California, January 4, 1978 - Page 3
inspection procedure. Nearly one and one -half
years ago a lieutenant was assigned directly
to the Chief's office to make internal and
external inspections of departmental operations.
This lieutenant has independent communication
with people in the community who have had
recent contacts with the police. Through them
he learns what reactions the public has toward
the department, individual officers, if they
are satisfied with services provided, and if
proper procedures are being followed by the
various officers in performing their duties.
All police officers are sworn and expected to
uphold the Constitutional rights of all people
to liberty, equality and justice. The right
of peaceful assembly is one of these Consti-
tutional rights.
The Police Civil Service Commission, as well
as the staff, is constantly evaluating personnel
practices within the department to assure that
the best quality personnel are being hired and
promoted. The City's administration will
continue to assess the needs of the police
department and with the support of the Council,
will strive to assure that all citizens of this
community have the best possible law enforcement
program.
Assistant City Attorney Oberholzer read a report regarding
Guideline for Action Relating to Claims and Lawsuits, as follows:
This report is prepared in response to a
request by the City Manager to delineate the
duties and responsibilities of the City in
light of a recent claim and a lawsuit filed
in the Kern County Superior Court.
This report is merely a brief summary of the
duties and responsibilities within the City
government and is not meant to be a detailed
treatise on the matter. Rather, it is prepared
as a guideline for action in light of the
referenced claim and lawsuit.
It is important to understand that the City
Attorney's office has reviewed the suit filed
against the City and certain of its employees
and believes the action to be frivolous,
legally deficient and apparently composed
primarily to provide newspaper copy. Unfor-
tunately, even frivolous suits are a burden
on the operation of a municipal government
like Bakersfield and consequently a burden on
the taxpayers. For this reason, it is important
for the City Council, the staff and the
employees to understand their authority and
responsibilities in matters of this nature.
CITY COUNCIL. The powers of the City Council
are those granted by the Constitution and the
laws of the State of California and limited
423
Bakersfield, California, January 4, 1978 - Page 4
only by the Charter. They include, in part,
the power to levy taxes, borrow money, expend
funds, approve a budget, construct and regu-
late public works projects, and other improve-
ments, license persons and businesses, grant
franchises, pass laws to prevent things
detrimental to the public health, welfare,
and safety, and pass such laws necessary to
promote peace, good government and the welfare
of the City, so long as such laws have not
been pre - empted by state law. The legislative
powers of the Council do not permit the Council
to alter the Charter. The City Charter can
only be altered by the vote of the residents
of the City, or a court decision rendering a
portion void or unenforceable.
Perhaps the Council could best be analogized
to a Board of Directors of a large corporation;
because, just as the Board of Directors are
responsible to their shareholders, the Council
is ultimately responsible to the taxpayers for
the smooth and efficient operation of that
municipal corporation called the City of
Bakersfield.
In order to provide for this efficient operation
of City government, the Charter provides that
the authority for certain functions rests with
other bodies or agencies created by the Council
but outside of the Council's direct control.
For example, the Council appoints the City
Manager, the City Attorney, Civil Service
Commissioners and agency members. Many of
these appointments perform functions independent
of the City Council. One of the most apparent
functions independent of Council action is
dealing with personnel matters.
PERSONNEL MATTERS. The City Manager is vested
with the responsibility for the general super-
vision and direction of the administrative
operation of the City government. Although
these words from the City Charter appear to
vest in the City Manager an all- encompassing
authority and responsibility, there are further
limitations in the Charter. For example,
although the City Manager may suspend the Chief
of Police, all other disciplinary matters
within the Police Department are the sole and
exclusive power and authority of the Chief of
Police and the Civil Service Commission.
The City Council is even further removed for
any personnel action within the Police Depart-
ment. The Charter specifically provides:
"No member of the Council shall, except in so
far as is necessary in the performance of the
duties of his office, directly or indirectly
take any part in the appointment, promotion
or dismissal of any officer, or employee in
the service of the City other than officers
or employees of the Council." Section 17.
424
Bakersfield, California, January 4, 1978 - Page 5
In any case in which a person files a complaint
with the Police Department against any officer
except the Chief, only the Chief of Police can
file charges for disciplinary action with the
Police Civil Service Board. Furthermore, the
Chief can only file the charges if he finds
sufficient grounds to substantiate the charges.
If the Chief of Police files charges against
an officer for the purposes of demotion or
discharge, that officer may appeal the charges
to the Police Civil Service Board for deter-
mination. If the officer is not agreeable to
the finding of the Civil Service Board, he
must file an appeal in the Superior Court.
Such an aggrieved officer has no appeal to
either the City Manager or the City Council.
Furthermore, members of the City Council are
prohibited by the Charter from even indirectly
taking any part in such a disciplinary pro-
ceeding. In substance, the City Council has
neither the authority nor power over such
matters.
CLAIMS FOR DAMAGES AGAINST THE CITY. The City
Council is the only body in the City empowered
to act on damage claims. The City Council may:
(1) Accept the claim;
(2) Reject the claim;
(3) Allow a portion of the claim or compromise
the claim; or
(4) Refuse to act on the claim within the
forty -five days, thereby allowing the
claim to be deemed rejected by the City
Council.
Most claims appear on the consent calendar and
are referred to the City Attorney's office and,
because they are not acted upon within 45 days
by the City Council, are deemed rejected. The
claims are then referred to the City's liability
carrier for defense.
If the claim were accepted by the Council with-
out consent of the carrier, either in whole or
in part, the liability carrier would not be
obligated to reimburse the City for its loss.
In the same respect, the City is required to
provide cooperation with the liability carrier
in the defense of cases. Failure to do so,
could subject the taxpayer to assuming any loss
thereby incurred. It should be remembered that
even though the City has a liability carrier,
a judgment or action against the City ultimately
reverts back to the taxpayers, since the
liability premium is based, among other things,
on the judgments and amounts expended in
defending actions against the City.
Bakersfield, California, January 4, 1978 - Page 6 425
PENDING CLAIM AND LAWSUIT. Police officers
are subject to state criminal laws and, in
addition to those criminal laws to which all
persons must abide, they must also comply with
those laws which make it a crime for a police
officer to use unnecessary force. The recent
claim and suit that has prompted this report
deals with the issue of whether the police
officers used excessive force in an incident
that occurred on November 12, 1977. The
claimants have chosen to take this issue to
court. In light of the duties and powers of
the Council, as related above, it is extremely
important that the Council and its individual
members not subject the City and its employees
to unwarranted liability by unnecessary public
statements. This does not mean that the
Council should fail to provide for good,
efficient government. When a threatened,
pending or known lawsuit is imminent con-
cerning a matter within the prerogative of the
City Council, it should seriously consider
executive sessions as the proper forum to
consider and decide all the facts and circum-
stances surrounding threatened or actual
litigation. Any other action could unfairly
lead to public misconception of the facts and
subject the City or its employees to frivolous
lawsuits. It should be remembered that the
City and its employees also have Constitutional
and statutory rights and privileges that
deserve protection.
In most cases where a matter has been filed in
court, a proper action for the Council would
be to cut off all public debate on the subject.
This would provide for an open and fair trial
in court.
Councilman Rogers made a motion that the reports from
the City Manager regarding Resolution No. 105 -77 and Assistant
City Attorney Richard J. Oberholzer regarding Guideline for Action
Relating to Claims and Lawsuits, be received and placed on file.
Councilman Strong stated that record should very clearly
show that anything he has to say regarding this or any other
incident, will be said, whether it jeopardizes the City or anybody
else. It is not only right, but the duty and responsibility of an
elected official to reflect the views of their constituency.
Councilman Rogers' motion that the reports from the City
Manager regarding Resolution No. 105 -77 and Assistant City Attorney
Richard J. Oberholzer regarding Guideline for Action Relating to
Claims and Lawsuits, be received and placed on file, was approved.
426
Bakersfield, California, January 4, 1978 - Page 7
Councilman Ratty made a motion that Item (c), Claim for
Damages from Kenneth Lewis, Daily Brown and Maricia Alexander,
c/o Sims and Solomon, 1306 Chester Avenue, Bakersfield, be deleted
from the Consent Calendar and the Claim rejected by the Council.
Councilman Barton offered a substitute motion that Item
(c) be removed from the Consent Calendar and the Council recess to
an Executive Session with the City Manager, City Attorney and City's
Insurance Carrier, if present. This motion failed to carry by the
following roll call vote:
Ayes: Councilmen Barton, Christensen
Noes: Councilmen Ratty, Rogers, Strong, Medders
Absent: Councilman Sceales
Councilman Ratty's motion that Item (c), Claim for
Damages from Kenneth Lewis, Daily Brown and Maricia Alexander,
c/o Sims and Solomon, 1306 Chester Avenue, Bakersfield, be deleted
from the Consent Calendar and the Claim rejected by the Council,
carried by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Barton, Medders
Noes: Councilmen Strong, Christensen
Absent: Councilman Sceales
Councilman Christensen, in clarifying his negative vote,
stated that the Council did not have access to this material until
just prior to the meeting.
Upon a motion by Councilman Ratty, all public discussion
regarding the incident at a Bakersfield College dance on November
12, 1977, was cutoff in the Council Chambers until such time as
all litigation is settled in court, by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Barton, Medders
Noes: Councilman Strong
Absent: Councilman Sceales
Abstaining: Councilman Christensen
427
Bakersfield, California, January 4, 1978 - Page 8
Councilman Barton stated that in regards to the incident
and resulting lawsuit he does not intend to discuss it, but will
discuss any action beyond the concept of the lawsuit itself.
Councilman Christensen abstained from voting because of
the ambiguity and complexity of the motion.
Correspondence.
Upon a motion by Councilman Rogers, communication from
Frank J. Remerowski, dated December 14, 1977, requesting that
parking be prohibited on streets during time it is scheduled for
sweeping, was received and referred to staff for recommendation.
Upon a motion by Councilman Ratty, communication from
California Regional Water Quality Control Board, Central Valley
Region, dated December 22, 1977, requesting that the City adopt an
ordinance establishing a committee to review well construction
standards, was received and referred to staff for recommendation.
Council Statements.
Upon a motion by Councilman Rogers, permit fee for
repairing damages due to the windstorm of December 20, 1977, was
waived for a 60 day period with the understanding that persons are
still required to obtain a permit.
Councilman Barton questioned the staff regarding Mr.
Steve Gustin's complaint about bidding on the Weed Abatement
Program.
Reports.
City Manager Bergen read a staff report regarding Fire
Service Duplication, as follows:
Attached is a memo to me from the Fire Chief
expressing his concern over the inconsistent
levels and duplication of fire protection.
Because of these duplications, it is difficult
for the staff to make long -range decisions for
fire protection for the City.
It is my feeling that this issue is important
enough that the City Council and the Board of
Supervisors should jointly study the problem.
I would recommend that the City Council ask the
Mayor to set up a joint meeting with the Council
and Board of Supervisors at an early date.
428
Bakersfield, California, January 4, 1978 - Page 9
Upon a motion by Councilman Barton, staff report
regarding Fire Service Duplication, was accepted; and the Mayor
was request to set up a joint meeting between the City Council
and Board of Supervisors as soon as possible.
City Manager Bergen read a staff report regarding
Acoustics and Sound System in the Council Chambers, as follows:
In the fiscal year 1977 -78 budget, the City
Council approved funds for remodeling of the
Council Chambers and the Caucus Room. As
part of that remodeling, the architect was
asked to evaluate the existing acoustics and
sound system.
During his preliminary studies, the architect
determined that it would be to the City's
advantage to retain an acoustical consultant
to work on the problems encountered. The
architect has received proposals from several
engineers and has recommended Wilfred A.
Malmlund. A copy of the proposal from Mr.
Malmlund is attached.
The total fee for the work will not exceed
$4,350 and sufficient funds are available in
the current budget to cover those costs.
It is recommended that the proposal by Wilfred
A. Malmlund, as set forth in his proposal of
December 12, 1977, be accepted and the Mayor
be authorized to approve the agreement.
Upon a motion by Councilman Rogers, staff report regarding
Acoustics and Sound System in the Council Chambers, was accepted;
and proposal by Wilfred A. Malmlund, was approved and the Mayor
was authorized to execute the agreement.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2623 to 2725,
inclusive, in the amount of $219,845.07.
(b) Claim for Personal Injuries from Danny
Lee Evans, Route 4, Box 231, Bakersfield.
(Refer to City Attorney)
(c) Deleted
(d) Grant Deed from Jessup Farms providing
necessary right -of -way for pipeline
construction for expansion of Southeast
Bakersfield Wastewater Facilities.
429
Bakersfield, California, January 4, 1978 - Page 10
(e) Street Dedication from Clark Investment,
Inc., providing additional right -of -way
on Ming Avenue west of Fremont Street and
Alley right -of -way south of Ming Avenue
and west of Fremont Street, as shown on
Tentative Parcel Map No. 4381.
(f) Street Right -of -Way Deed from Kenneth F.
Cooper, Jesse George Cooper, Sara G.
Cooper, C. Audrain Cooper and Genevieve
Cooper for construction of Phase I of
Truxtun Avenue Extension project.
(g) Resolution No. 1 -78 of the Council of the
City of Bakersfield setting Wednesday,
February 1, 1978 in the Council Chambers
of City Hall as the time and place of
public hearing in the matter of the
proposed cancellation of Land Use Contract
with respect to part of land, under the
Williamson Act and directing the City
City to give notice in accord with
Section 51284 of the Government Code.
(h) Resolution of Intention No. 924 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of Alpine Street between Kern
Street and East California Avenue, in
the City of Bakersfield and setting
Wednesday, February 1, 1978 for hearing
on the matter before the Council.
(i) Resolution of Intention No. 925 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of the Alley in Block 99
between Miller and Haley Streets, north
of 21st Street and south of Sumner Street,
in the City of Bakersfield and setting
Wednesday, February 1, 1978 for hearing
on the matter before the Council.
(j) Resolution of Intention No. 926 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of portions of "0" Street
between 34th Street and West Columbus
Street, in the City of Bakersfield and
setting Wednesday, February 1, 1978 for
hearing on the matter before the Council.
(k) Resolution of Intention No. 927 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a portion of Drake Street
east of Block 469 -D and north of 24th
Street, in the City of Bakersfield and
setting Wednesday, February 1, 1978 for
hearing on the matter before the Council.
(1) Request from Jay A. McMahan for annexation
of property located on north side of Alley
behind McMahan's Furniture Store at 2626
Ming Avenue. (Refer to Planning Commission
for study and recommendation)
430
Bakersfield, California, January 4, 1978 - Page 11
Upon a motion by Councilman Ratty, Items (a), (b), (d),
(e), (f), (g), (h), (i), (j), (k) and (1) of the Consent Calendar,
were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Strong, Christensen, Medders
Noes: None
Absent: Councilmen Sceales, Barton
Upon a motion by Councilman Ratty, Budget Transfer from
the Council's Contingency Fund No. 11- 512 -6100 to the Fire Depart-
ment's Operations Overtime Account No. 11- 642 -0300, in the amount
of $30,000.00, was approved.
Action on Bids.
Upon a motion by Councilman Rogers, low bid of RLW
Equipment Company for Fluid Control System for New Corporation
Yard, was accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bid of J. W.
Mitchell Co., Inc. for construction of Truxtun Avenue Extension,
Phase 1A, between the City Corporation Yard and Police Pistol
Range, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Deferred Business.
Reappointment of Mr. George H. Barnett,
Sr. to the Kern Mosquito Abatement
District Board of Trustees.
Upon a motion by Councilman Rogers, George H. Barnett,
Sr. was reappointed as a member of the Kern Mosquito Abatement
District Board of Trustees, term expiring December 31, 1979.
New Business.
Permission granted to change Replace-
ment Budget for two sedans.
In the 1977 -78 budget, two police sedans (Nos. 5116 and
5117) were scheduled for replacement. The Equipment Superintendent
has two other sedans that are in poor mechanical condition (Nos.
5092 and 5130), and recommends that they be replaced in lieu of
the two approved in the budget. No additional funds are required.
Units Nos. 5116 and 5117 should be operationalfor another year
without excessive cost.
431
Bakersfield, California, January 4, 1978 - Page 12
Upon a motion by Councilman Medders, Sedans Nos. 5092
and 5130 were authorized for replacement in lieu of Sedans Nos.
5116 and 5117 that were recommended for replacement in the budget.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.08.153 and adding
Section 16.12.025 to Title 16 con-
cerning definition.of Subdivision
and providing for waiver of require-
ment for Parcel Map upon making of
specified finding by Planning
Commission.
Under recent statutory amendments to the Subdivision Map
Act, the City is now required, by Ordinance, to provide a procedure
for waiving parcel maps under specified conditions. The proposed
ordinance provides such procedure. It also changes the definition
of "subdivision" to conform to changes in State law. The Planning
Commission, at its meeting of December 28, 1977, recommended
adoption of the proposed ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 16.08.153 and
adding Section 16.12.025 to Title 16 concerning definition of
Subdivision and providing for waiver of requirement for Parcel Map
upon making of specified finding by Planning Commission.
Hearings.
This is the time set for public hearing before the
Council on an Appeal by Hubert Dobbs to the decision of the Board
of Zoning Adjustment regarding his application for a Conditional
Use Permit of an M -1 -D (Light Manufacturing - Architectural Design)
Zone to allow the construction of eight (8) fourplex apartment
units on that certain property located on the north side of Dolores
Street, between Miller Street and Haley Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The applicant proposes to construct a total of 32 apart-
ment sites on one -half block. At the Board of Zoning Adjustment
432
Bakersfield, California, January 4, 1978 - Page 13
hearing two property owners of single family dwelling, living
across the alley to the north, testified that they were in opposi-
tion to the project due to increased noise, vehicular congestion
in the alley and crime. Two letters and a petition containing 34
names of residents and property owners of the neighborhood were
received in opposition to the project for the same reasons stated
above.
A Negative Declaration was advertised and posted on
December 2, 1977.
Based on the majority protest from residents of the
neighborhood the Board of Zoning Adjustment denied the Conditional
Use Permit.
Councilman Strong informed the Council that it has been
proposed by Mr. Dobbs, the applicant, that this appeal be modified
so that eight single family dwellings can be constructed rather
than the eight fourplex apartment units as originally requested.
Mr. Dobbs and Councilman Strong met with a number of people who
live in the area and they indicated their approval of the single
family dwellings.
Community Development Director Foster stated that the
Council may issue a Conditional Use Permit to allow the single
family dwellings to be constructed on that property and this matter
does not have to be taken back to the Board of Zoning Adjustment
for their approval.
Assistant City Attorney Oberholzer stated the Council
should make the following findings:
1. The use is deemed desirable to the public
convenience and welfare; and
2. Finding the proposed use in harmony with
the General Plan.
There is a provision in the Municipal Code that states
that residential dwellings may be permitted in an M -1 zone by
obtaining a Conditional Use Permit.
433
Bakersfield, California, January 4, 1978 - Page 14
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Hubert Dobbs, the applicant, stated he has met with
most of the 34 people who were in opposition and they had a reason
to be concerned with the proposed apartment units. Mr. Dobbs urged
the Council to vote in favor of the single family dwellings rather
than the apartment units.
Etta Cheadle stated she is very much in favor of improving
the neighborhood and approves the eight single family dwellings
rather than the apartment units.
No protests or objections being received and no one else
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Christensen, Zoning Resolution
No. 260 Granting Conditional Use Permit in modified form to allow
the construction, operation and maintenance of eight (8) single
family dwellings on that certain property, located on the north
side of Dolores Street, between Miller Street and Haley Street in
an M -1 Zone, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Strong, Christensen, Medders
Noes: None
Absent: Councilmen Sceales, Barton
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 9:45 P.M.
D2l
MAY the &fty of gakersfield, Calif.
ATTEST:
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CITY CLERK 6hd Ex- ffi o Clerk of the Council
of the City of Bakersf ' ld, California
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434
Bakersfield, California, January 11, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., January 11, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. Robert Hemingway
member of the High Council of the Church of Jesus Christ of Latter-
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Rogers, Sceales, Strong, Barton,
Christensen, Medders, Ratty
Absent: None
Minutes of the regular meeting of January 4, 1978 were
approved as presented.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to Mrs. Margaret
L. Dearden, who completed 25 years of service with the Police
Department of the City of Bakersfield, effective December 31, 1977.
Correspondence.
Upon a motion by Councilman Sceales, communication from
the American Lung Association of Kern County, dated December 29,
1977, expressing their appreciation to the Council for approving
the regulation to ban smoking in the Council Chambers and City
Hall elevator, was received and ordered placed on file.
Upon a motion by Councilman Medders, communication from
the Kern County Advisory Committee on Drug Abuse, dated January 5,
1978, inviting the Council to attend an open public meeting
regarding the problems of drug abuse to be held January 25, 1978
at 7:30 P.M. in the Veterans Hall- California Avenue Park, was
received and ordered placed on file.
Council Statements.
Councilman Christensen read a letter from Brady- Brandt
Insurance Agency, as follows:
Bakersfield, California, January 11, 1978 - Page 2
January 10, 1978
Mr. H. E. Bergen
City Manager
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Bergen:
I was furnished a copy of Dick Foster's memo-
randum to you, dated December 27, 1977, a copy
of which is enclosed.
This memorandum is a complete misrepresentation
of the truth. At the last meeting of the
property owners and Mr. Foster, I asked Mr.
Foster who had made these decisions but I could
not get a straight answer from him.
I would like to know if you know who made these
decisions and what facts, if any, the decisions
were based on. Several of the statements under
the "Con" section are absolute lies and other
statements are merely twisting the truth.
The last statement is a complete falsehood and
this will be proven very shortly.
Yours very truly,
William J. Brady
Mr. Bill Brady, President of Brady- Brandt Insurance
Agency, 918 Truxtun Avenue, made a very lengthy statement objecting
to his business property being included in the Downtown Redevelop-
ment Project area for a proposed hotel complex. Mr. Brady requested
that each Councilman take a very careful look at the Development
Agreement, ask questions and then vote their conscience.
Hearings.
Upon a motion by Councilman Rogers, continued public
hearing before the Council on application by William H. Rogers
to amend the zoning boundaries from an R -1 (One Family Dwelling)
Zone to an R -2 -D (Limited Multiple Family Dwelling - Architectural
Design), or more restrictive, Zone, affecting those certain
properties in the City of Bakersfield located south of Highway
178 and east of the Bakersfield Country Club, was continued until
Wednesday, January 25, 1978.
43v
Bakersfield, California, January 11, 1978 - Page 3
Council Statements
(Continued)
Councilman Ratty stated that there is a draft plan that
has been submitted by the staff regarding changes in the Zoning
Ordinance and he would urge the Council to recommend that it be
sent to the Planning Commission for study and recommendation.
Mr. John Farquhar stated, in regards to the Downtown
Redevelopment Project, that the Council should consider removing
Griffith Company as the developer because they have not made
progress in the development of the downtown area and this has
caused confusion among businessmen.
Mr. Miles E. McKnight, property owner and businessman,
stated that he did not think the proposed hotel is feasible in the
area next to the convention center and requested that the Council
look into it very carefully before making a commitment.
Mr. Nathan Krevitz asked if an Environmental Impact
Report has been made on the proposed hotel complex in the Downtown
Redevelopment Project area.
Community Development Director Foster stated that an
Environmental Assessment was made at the meeting of December 21,
1977.
City Attorney Hoagland stated, in answer to a question
of Councilman Strong regarding the relationship between the Council
and Redevelopment Agency, that a copy of the original contract
between the Redevelopment Agency and City Council would be furnished
to them which sets out, in detail, both parties responsibilities
in any redevelopment project.
After a lengthy discussion, upon a motion by Councilman
Christensen, the staff was directed to furnish a detailed report
on all of Mr. Brady's accusations, so that we can really find out
whether we have been misled or not, and to have what was said taken
off the tape and responded to in detail, rather than just have the
letter responded to, and the entire remarks of Mr. Brady be typed
and placed in the Council pouches for the next meeting. Council-
man Medders voted in the negative on this motion.
437
Bakersfield, California, January 11, 1978 - Page 4
Councilman Sceales made a motion that the Council pro-
ceed with the Agenda.
Councilman Strong stated that he had an item of
Correspondence that he would like to read before proceeding with
the Agenda.
After discussion, Councilman Sceales postponed his motion
until after Councilman Strong read an item of Correspondence into
the record.
Councilman Strong read a letter from former Councilman
Keith Bleecker regarding the City Council's vote of January 4,
1978, banning further public discussion in the Council Chambers
about the Bakersfield College dance incident of November 12, 1977.
Councilman Sceales moved that the Council act upon his
motion to proceed with the Agenda.
Councilman Barton offered a substitute motion that the
Agenda be regressed back to Council Statements so that a statement
may be made. This motion was unanimously approved.
Upon a motion by Councilman Barton, in response to a
letter from Arthur D. Little, Inc., dated January 6, 1978, the
City Manager was requested to invite Mr. Robert Coop, of Arthur
D. Little, Inc., to meet with the entire Council to discuss the
depth of a special study of the Police Department. This motion
was unanimously approved.
Reports.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 1 -78 regarding Parking Fine
Revenue, as follows:
The Council referred to•this Committee a report
of the Business Development and Parking Com-
mittee which requested all revenues derived
from parking violations be placed in the Parking
Authority Fund and be deleted as a General Fund
revenue source for purposes of additional
parking, particularly in the downtown area.
This Committee has reviewed this matter and
concurs with the conclusions in the attached
438
Bakersfield, California, January 11, 1978 - Page 5
memorandum from the Police Chief that:
(1) The parking enforcement program encom-
passes an area much greater than the
downtown business district, and as a
result it would be extremely expensive to
segregate parking fines.
(2) The cost of the parking enforcement pro-
gram is almost 90% of the revenues derived,
and therefore only a small portion of the
revenue is available.
(3) The parking enforcement program is designed
as a service for the businesses in the area
and should not be subjected to charges of
quotaism and enforcement for revenue.
Therefore, this Committee cannot recommend
that revenues from parking fines be deleted as
a General Fund revenue source.
Upon a motion by Councilman Medders, Report No. 1 -78
from the Budget Reveiw and Finance Committee regarding Parking Fine
Revenue, was accepted; and revenues from parking fines are to
remain in the General Fund for the purpose of additional parking.
Councilman Medders stated that there is no doubt that
the City has parking problems and levying fines is not the way
to solve them. During the next budget session the Council and
staff should be looking into allocating funds to build up a fund
for parking structures, lots or whatever is needed towards a
solution of this problem.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2726 to 2840,
inclusive, in the amount of $1,206,321.78.
(b) Claim for Damages from Edith Lorene Payton,
P.O. Box 2155, Lake Isabella, California.
(Refer to City Attorney)
(c) Claim for Damages from Pacific Telephone
and Telegraph Company. (Refer to City
Attorney)
(d) Street Easement from Sill Properties, Inc.
providing right -of -way for newly con-
structed Sillect Avenue, lying easterly
off Pierce Road and north of Rosedale
Highway.
Bakersfield, California, January 11, 1978 - Page 6 439
(e) Notice of Completion and Acceptance of
Work under Parcel Map No. 3424 - Contract
No. 76 -55 with Tenneco Realty Development
Corporation.
(f) Application for Encroachment Permit from
Tanzy I. Nicolas, 231 "L" Street, for
construction of 4 -foot high chain link
fence adjacent to sidewalk and within
the public right -of -way.
(g) Application for Encroachment Permit from
David J. Petralt, 701 "A" Street, for
construction of 4 -foot high wood fence
adjacent to sidewalk and in public right -
of -way.
(h) Plans and Specifications for Security
Lighting at the Corporation Yard Facility.
(i) Plans and Specifications for construction
of Curb and Gutter on various streets in
the Mayflower- Sunset District, E.D.A.
Project No. 07 -51- 22588, Phase II.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h) and (i) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
Action on Bids.
Upon a motion by Councilman Sceales, low bid of General
Electric Company for Fire Station Alerting System and related
equipment, was accepted and the other bid rejected.
Deferred Business.
Adoption of Ordinance No. 2393 New
Series of the Council of the City
of Bakersfield amending Section
16.08.153 and adding Section 16.12.025
to Title 16 concerning definition of
Subdivision and providing for waiver
of requirement for Parcel Map upon
making findings by Planning Com-
mission.
Upon a motion by Councilman Medders, Ordinance No. 2393
New Series of the Council of the City of Bakersfield amending
Section 16.08.153 and adding Section 16.12.025 to Title 16 con-
cerning definition of Subdivision and providing for waiver of
440
Bakersfield, California, January 11, 1978 - Page 7
requirement for Parcel Map upon making findings by Planning Com-
mission, was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
New Business.
Adoption of Resolution No. 2 -78 of
the Council of the City of Bakers-
field protesting the execution of
contracts for lands within one mile
of the City located in Agricultural
Preserves.
This resolution of protest to the execution of the Land
Use Contract, if adopted by the Council, is presented to LAFCO for
approval. If approved, the City is given the right, under the
Williamson Act, to exercise an option, at the time of annexation,
of succeeding to the rights, duties and powers of the County under
such contract. If the City does not exercise the option at time
of annexation, the contract becomes null and void as to the part
of the land being annexed that is within one mile of the City.
Upon a motion by Councilman Ratty, Resolution No. 2 -78
of the Council of the City of Bakersfield protesting the execution
of contracts for lands within one mile of the City located in
Agricultural Preserves, was adopted by the following roll call
vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
Tabling of requests of Bakersfield
Cable TV and Warner Cable TV for
rate deregulation in the City of
Bakersfield.
In 1976, the Federal Communications Commission deleted
their rule which required all cable television franchises to
contain a provision that initial rates or changes must be authorized
by the franchising authority after a public hearing. As a result,
441
Bakersfield, California, January 11, 1978 - Page 8
both cable companies serving the City of Bakersfield are requesting
elimination of this franchise provision.
Councilman Christensen stated that he is concerned with
the senior citizens and asked if the consumer would have recourse
if they feel they are being charged excessive rates.
Councilman Strong requested an addendum to the memorandum
from Assistant City Manager Kelmar regarding Cable TV Rate Deregu-
lation, which would give the Council alternatives, that other areas
have taken, that fall in between the extremes of continuing to
regulate or completely deregulating all rates.
Councilman Rogers asked if the Council votes to deregulate
rates what controls would they have to reverse that decision and
impose regulations again.
Assistant City Manager Kelmar stated that in discussions
with the Cable Television Institute in Washington D.C., it was
suggested, if the City decides to deregulate rates, that some
changes should be made to the ordinance which includes:
1. Provision for periodic public reviews of
performance in lieu of rate hearings.
2. Provision for right to review increases.
3. Provision to insure that on annual basis
the City receive their current financial
information.
Upon a motion by Councilman Barton, requests of Bakersfield
Cable TV and Warner Cable TV for rate deregulation in the City of
Bakersfield, was tabled until such time as the staff can answer
the questions of the Council and provide the information and at
that time the date for public hearing will be set. This motion
carried by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
442
Bakersfield, California, January 11, 1978 - Page 9
Approval of Lease Agreement between
Albert L. and Shirley Phillips and
the City of Bakersfield for grazing
cattle on City owned land.
Mr. Phillips has a yearly lease agreement to graze cattle
on 3.4 acres of City owned land which is renewable each year unless
canceled by the City. The City has a construction contract under-
way in the vicinity of this lease and, therefore, cannot guarantee
that the property will be available for an entire year. Therefore,
the Public Works Department recommends that the lease be continued,
but on a month to month basis with a termination by either party
upon 30 -days written notice. The terms of the lease are the same
as the prior lease, $30.00 per month. These terms are acceptable
to the lessee.
Upon a motion by Councilman Strong, Lease Agreement
between Albert L. and Shirley Phillips and the City of Bakersfield
for grazing cattle on City owned land, was approved and the Mayor
was authorized to execute same.
Approval of Program Supplement No. 2
to Local Agency -State Agreement for
Federal Aid Urban Project on "Q" Street
between 24th Street and Truxtun Avenue.
Upon a motion by Councilman Ratty, Program Supplement
No. 2 to Local Agency -State Agreement for Federal Aid Urban Project
on "Q" Street between 24th Street and Truxtun Avenue, was approved
and the Mayor was authorized to execute same.
Adoption of Resolution No. 3 -78 of
the Council of the City of Bakers-
field deleting a. Council Meeting in
the month of January, 1978.
Upon a motion by Councilman Medders, Resolution No. 3 -78
of the Council of the City of Bakersfield deleting a Council
Meeting in the month of January, 1978, was adopted by the following
roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Bakersfield, California, January 11, 1978 - Page 10
Hearings.
This is the time set for public hearing before the
Council on Resolution of Intention No. 923 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of a portion of 33rd Street between Jewett Avenue and "K" Street,
in the City of Bakersfield.
This hearing has been duly advertised and posted.
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 Strong, Resolution No. 4 -78
of the Council of the City of Bakersfield ordering the vacation
of a portion of 33rd Street between Jewett Avenue and "K" Street,
in the City of Bakersfield, was adopted by the following roll call
vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:15 P.M.
MA OR e i of Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex7pfficio Clerk of the Council
of the City of B ersfield, California
ma
444
Bakersfield, California, January 25, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., January 25, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. C. Erwin Waite
member of the High Council of the Church of Jesus Christ of Latter -
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Sceales, Strong, Christensen,
Medders, Ratty, Rogers
Absent: Councilman Barton
Minutes
Councilman Christensen stated that the action taken by
the Council last week regarding Mr. Brady's presentation on the
proposed hotel complex was not reflected in the official minutes
and he moved that they not be approved until corrected.
After discussion, Councilman Rogers stated that the
motion and voice vote are reflected on the bottom of page 3 of
the minutes.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to Melvin E.
Myers, who completed 31 years of service with the Fire Department
of the City of Bakersfield, effective December 31, 1977.
Correspondence.
Upon a motion by Councilman Medders, communication from
W. B. Shafer, Jr., 1348 Cornwall Place, Norfolk, Virginia, dated
January 17, 1978, regarding plan for "National Religious Refor-
mation," was received and ordered placed on file.
Upon a motion by Councilman Rogers, communication from
Mrs. Georgia M. McTaggart, 3805 Christmas Tree Lane, dated
January 20, 1978, regarding left turn signal at the intersection
of Columbus and Oswell Streets, was received and referred to the
Traffic Authority for action as soon as possible.
I
Bakersfield, California, January 25, 1978 - Page 2
Upon a motion by Councilman Medders, communication from
Richard C. Bailey, Director of Kern County Museum, dated January
19, 1978, requesting that the Garces Statue, located in the traffic
circle on Chester Avenue, be moved to another location, was
received and ordered placed on file.
Councilman Rogers requested that the report on the moving
of the statue that was presented to the Council last year, which
included estimates of cost of moving the statue and the problems
involved, be updated and that Mr. Bailey's letter be answered.
Mayor Hart stated that he would answer Mr. Bailey's
letter.
Councilman Rogers read a letter from James Pensinger to
Chief of Police Robert Price, dated January 16, 1978, commending
the Police Department for exceptional public service.
Council Statements.
Upon a motion by Councilman Medders, Don G. Simpson, 220
Oakbank Road, was reappointed to the Fire Department Civil Service
Board for a six year term expiring December 31, 1983; and Louis G.
Whitfield, 925 Bank Street, and Mrs. Rita M. Eggert, 101 Beech
Street, were reappointed to the Miscellaneous Departments Civil
Service Board for four year terms expiring December 31, 1981.
Councilman Sceales announced that he appointed Mr. Al
Wheelan, 4218 Park Circle Drive and Mr. Jack Roth, 3027 Doris Lane,
to the Charter Review Advisory Commission. The Council indicated
their approval of these appointments.
Councilman Ratty commended the staff and Police Department
Civil Service Commission for their new recruiting procedures which
have resulted in the savings of a large amount of money for the
City.
City Manager Bergen reported that in regards to a request
of the Council at the meeting of January 4, 1978, the Mayor arrange
a joint meeting between the Board of Supervisors and City Council
to discuss duplication of fire protection services; a meeting was
I Il
Bakersfield, California, January 25, 1978 - Page 3
held on January 16th with Chairman of the Board of Supervisors
Gene Young, Mayor Hart, County Administrator Norm McNamee and
City Manager Bergen. It was generally concluded that it should
be referred to the appropriate committee of the City and County.
As a result of that meeting the Board of Supervisors, on Tuesday,
January 17, 1978, referred the matter to the County's Govern-
mental Relations Committee, comprised of Supervisors John Mitchell
and Trice Harvey, to arrange meetings with the appropriate
committee of the City Council. The appropriate action of the
Council would be to refer this matter to a Council Committee for
a meeting with the County Committee.
Upon a motion by Councilman Ratty, the matter of meeting
with the County's Governmental Relations Committee to discuss
duplication of fire protection services, was referred to the
Intergovernmental Relations Committee.
Reports.
Upon a motion by Councilman Rogers, Annual Report for
1977 of the Miscellaneous, Fire and Police Civil Service Boards,
was received and ordered placed on file.
Councilman Rogers commended the Commissioners and the
64 persons who contributed their own time to screen the applicants
for City positions and thereby saving the taxpayers approximately
$100,000.00.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 1 -78 regarding Workers'
Compensation Claims Administration Program, as follows:
In July 1976, the City Council accepted a staff
recommendation to self- insure the City Workers'
Compensation Program. As a result, the City
has realized significant dollar savings during
the first 1i years through improved internal
safety and administrative programs.
At the time the City initiated this self -
insured program, a contract was also approved
with Underwriters Adjusting Company to
administer the City's claims administration.
447
Bakersfield, California, January 25, 1978 - Page 4
This area of the self- insured program has
proven to be less than satisfactory due to a
lack of communications by Underwriters' repre-
sentatives. Underwriters' main office is
located in Fresno and its computer is in New
York.
Our dissatisfaction with their service has been
voiced several times, but due to frequent
personnel changes in their organization, they
have not been able to live up to the terms of
our contract.
The staff recently met with representatives of
Walter Mortensen Associates Insurance and
Brown Brothers Adjusting Services and worked
out a program which we feel will better serve
the needs of the City. Attached to this
report is an outline of services which they
can provide. These services will cost the
City $13,350.00 annually, or approximately
$2,350.00 more than we are presently paying
Underwriters Adjusting Company. However, we
feel that this new program with better controls
will allow the City to realize more savings in
the long run.
The GEP Committee is therefore recommending
that Underwriters Adjusting Company be notified
of the termination of our claims administration
contract effective March 25, 1978, and a
contract entered into with Walter Mortensen
Associates Insurance, in conjunction with
Brown Brothers Adjusting Services, in the
amount of $13,350.00 for claims administration
of the City's self- insured Workers' Compen-
sation Program effective March 26, 1978.
Upon a motion by Councilman Strong, Report No. 1 -78 from
the Governmental Efficiency and Personnel Committee regarding
Workers' Compensation Claims Administration Program, was accepted;
notification to Underwriters Adjusting Company of termination of
the City's claims administration contract, effective March 25,
1978, was approved; and contract with Walter Mortensen Associates
Insurance, in conjunction with Brown Brothers Adjusting Services,
in the amount of $13,350.00 for claims administration of the City's
self- insured Workers' Compensation Program, effective March 26,
1978, was approved and the Mayor was authorized to execute same.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2841 to 3049,
inclusive, in the amount of $338,209.47.
I 1
Bakersfield, California, January 25, 1978 - Page 5
(b) Sump Deed from Challenge Builders, Inc.,
as required for Tract No. 3952.
(c) Public Utility Easement from Tenneco
Realty Development Corporation, as
required for Parcel Map No. 4302.
(d) Flowage and Access Easement from E. A.
Bender, Beth Bender, R. L. Wolfe and
Donna N. Wolfe, providing drainage from
• portion of Union Avenue to flow into
• retention basin located within the
Bakersfield Airpark, as required by the
Planning Commission for Parcel Map No.
4511.
(e) Map of Tract No. 3940 and Improvement
Agreement for construction of improve-
ments therein - located north of White
Lane and east of Ashe Road.
(f) Map of Tract No. 3941 and Improvement
Agreement for construction of improve-
ments therein - located east of Gosford
Road and south of Kroll Way.
(g) Map of Tract No. 3942 and Improvement
Agreement for construction of improve-
ments therein - located north of White
Lane and east of Ashe Road.
(h) Map of Tract No. 3952 and Improvement
Agreement for construction of improve-
ments therein - located south of White
Lane and west of Wible Road.
(i) Improvement Agreement for Parcel Map No.
4205 with Gannon Enterprises, Inc., for
construction of improvements required
by the Planning Commission.
(j) Application for Encroachment Permit from
Gulf Oil Corporation, P. 0. Box 1392,
Bakersfield, for construction of a 3"
natural gas pipeline in an existing
conduit under the Kern River. The
conduit is 4 feet below existing grade
and located 1000' west and 900' north
of southeast corner of Section 27, T29S,
R27E.
(k) Application for Encroachment Permit from
Jim Burke Ford, 2001 Oak Street, Bakers-
field, for installation of chain link
fence with barbed wire strung along the
top of fence at back of sidewalk within
the public right -of -way along south side
of 21st Street, the north side of 19th
Street and along the east side of West -
wind.
ice
Bakersfield, California, January 25, 1978 - Page 6
(1) Application for Encroachment Permit from
Kern Travel Service, Inc., 631 Truxtun
Avenue, Bakersfield, for construction of
a trellis overhang approximately 24" into
public right -of -way with 8' overhead
clearance.
(m) Agricultural Lease Renewal between the
City of Bakersfield and King Pak Farms
for a portion of the Sewer Farm on that
property acquired from Southern Pacific
(Section 23, T31S, R28E).
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Barton
Action on Bids.
Upon a motion by Councilman Ratty, low bid of RLW
Equipment Company for 15,000 Gallon Fiberglass Fuel Tanks for New
Corporation Yard (three each), was accepted and all other bids
rejected.
Upon a motion by Councilman Strong, low bid of Granite
Construction Company for construction of Storm Drains in Hayes
Street between Brundage Lane and 3rd Street, 2nd Street between
"V" Street and "U" Street, and 2nd Street between "U" Street and
"T" Street (E.D.A. Project No. 07 -51- 27067, Phase II), was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company for construction of Curb and Gutter, Paving
and Street Improvements on various streets in the Sunset - Mayflower
District, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Medders, low bid of W. M.
Lyles Company for enlarging the Vernal Place Pump Station and
450
Bakersfield, California, January 25, 1978 - Page 7
installing Storm Drain in Vernal Place and "L" Street to 2nd
Street, was accepted, the other bid rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company for construction of Storm Drains in "V"
Street between Brundage Lane and 2nd Street, "K" Street between
32nd and 34th Streets, and 31st Street between Panama Street and
"Q" Street, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Medders, low bid of T & D
Automotive Supply for Weaver Shop Equipment (hoist equipment) for
New Corporation Yard, was accepted and the other bid rejected.
Upon a motion by Councilman Sceales, bid of T & D Auto-
motive Supply for Hunter Shop Equipment (front end alignment
equipment) for New Corporation Yard, was accepted.
Upon a motion by Councilman Medders, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate a price, not to exceed the budgeted
amount, for one used car for the Police Department to be used for
undercover work.
Upon a motion by Councilman Christensen, low bid of
Goodyear Farm Tire Center for Annual Contract No. 11678 for Tires
and Tubes, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Councilman Strong requested that, in the future, the
Purchasing Division consider wording the bid specifications for
tires & tubes so that more businesses might submit bids on an
item by item basis.
Deferred Business.
Date set for public hearing on re-
quests of Bakersfield Cable TV and
Warner Cable TV for rate deregulation
in the City of Bakersfield.
451
Bakersfield, California, January 25, 1978 - Page 8
Upon a motion by Councilman Sceales, Wednesday, February
8, 1978, was the date set for public hearing on requests of
Bakersfield Cable TV and Warner Cable TV for rate deregulation in
the City of Bakersfield, by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Barton
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 1.98 to the Municipal
Code, making Section 1094.6 of the
Code of Civil Procedure applicable
in the City of Bakersfield.
This ordinance would adopt the provisions of a State
statute establishing a time limit of 90 days for the filing of
court cases against the City in connection with the following
kinds of administrative decisions: dismissing employees; revoking
or denying application for permits or licenses; and denying
application for retirement benefits.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 1.98 to the
Municipal Code, making Section 1094.6 of the Code of Civil Pro-
cedure applicable in the City of Bakersfield.
Councilman Strong requested that the staff provide the
Council with an excerpt of the State statute prior to acting on
the ordinance.
Approval of Assignment of Sewer
Plant Agricultural Lease from Howard
Hamilton to Troy Smith.
Upon a motion by Councilman Ratty, Assignment of Sewer
Plant Agricultural Lease from Howard Hamilton to Troy Smith, was
approved and the Mayor was authorized to execute same.
Approval of Agreement for Construction
Inspector's Services between the City
of Bakersfield and William Jing.
452
Bakersfield, California, January 25, 1978 - Page 9
Upon a motion by Councilman Medders, Agreement for
Construction Inspector's Services between the City of Bakersfield
and William Jing for the reconstruction projects on Chester Avenue
(24th Street to Garces Circle) and "Q" Street (Truxtun Avenue to
24th Street), was approved and the Mayor was authorized to execute
same.
Approval of Proposed 1978 -79 Com-
munity Development Block Grant
Application.
Public Works Director Hawley stated under Action on Bids
the storm drain was deleted in "V" Street between 2nd and 4th
Streets and 4th Street between "V" and "T" Streets. The area
where these storm drains are located is recommended for curb and
gutter and street work during 1980. The storm drains that were
deleted should be added by that date. We may have savings on our
present Community Development projects that could be used, if not,
Public Works will be recommending an adjustment in the second or
third year of the program.
Upon a motion by Councilman Ratty, Proposed 1978 -79
Community Development Block Grant Application, was approved by
the following roll call vote:
Ayes: Councilmen Sceales, Medders, Ratty, Christensen
Noes: Councilmen Rogers, Strong
Absent: Councilman Barton
Councilman Rogers clarified his negative vote by stating
that to be fair these funds should be expended on an equal basis
all over the City, because all of the people are taxpayers and
contributed to these funds.
During the roll call vote Councilman Strong stated he
would pass his vote until the entire Council had voted. During
roll call vote Councilman Christensen abstained. After the roll
call Councilman Christensen voted Aye and Councilman Strong voted
No.
453
Bakersfield, California, January 25, 1978 - Page 10
Hearings.
Upon a motion by Councilman Rogers, continued public
hearing before the Council on application by William H. Rogers to
amend the zoning boundaries from an R -1 (One Family Dwelling) Zone
to an R -2 -D (Limited Multiple Family Dwelling - Architectural
Design), or more restrictive, Zone, affecting those certain
properties in the City of Bakersfield located south of Highway 178
and east of the Bakersfield Country Club, was continued until
Wednesday, February 1, 1978.
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as " Wible No. 2," proposed to be
annexed to the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This is an uninhabited annexation containing 682.91+
acres of land bounded by Wible Road on the west and the Arvin-
Edison Canal on the south.
pation.
Mayor Hart declared the hearing open for public partici-
Mrs. Betty Williams, property owner, opposed the annexa-
tion because the only water facilities and street to their
property is through a mobilehome subdivision that was omitted
from this annexation.
Mrs. Peggy Roland, property owner, spoke in favor of
the annexation.
Mr. Ralph Williams, property owner, protested against
going into the City.
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.
454
Bakersfield, California, January 25, 1978 - Page 11
Director of Public Works Hawley stated that the signa-
tures that were received in favor of the annexation amounted to
approximately 70.2% of the total area and the protests submitted
tonight amounted to approximately 1% of the total area and assessed
value.
After discussion, upon a motion by Councilman Sceales,
Resolution No. 5 -78 of the Council of the City of Bakersfield
declaring that a majority protest has not been made to the annexa-
tion of territory designated as "Wible No. 2," proposed to be
annexed to the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Sceales,* Strong, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Barton
*A discussion ensued regarding a concern expressed by
Mr. Williams that he did not want his property divided by putting
a street through it.
After discussion, upon a motion by Councilman Sceales,
Ordinance No. 2394 New Series approving annexation of a parcel of
uninhabited territory to the City of Bakersfield, California,
designated as "Wible No. 2," and providing for the taxation of
said territory to pay the bonded indebtedness of said City, was
adopted by the following roll call vote:
Ayes: Councilmen Sceales, Medders, Ratty, Rogers, Strong
Noes: Councilman Christensen
Absent: Councilman Barton
Councilman Christensen clarified his negative vote by
stating that he had no desire to wipe out peoples property.
During roll call vote Councilman Strong stated he would
pass his vote until the entire Council had voted. After roll
call Councilman Strong voted Aye.
455
Bakersfield, California, January 25, 1978 - Page 12
This is the time set for public hearing before the
Council for hearing objections to include within the Greater
Bakersfield Separation of Grade District a portion of certain
territory designated as "Wible No. 2" Annexation.
This hearing has been duly advertised.
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 Sceales, Resolution No.
6 -78 annexation certain territory designated as "Wible No. 2,"
to the Greater Bakersfield Separation of Grade District, was
adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Barton
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Terrace Way No. 3," proposed to
be annexed to the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This is an uninhabited annexation containing 8.37 acres
of land located on the west side of South "H" Street between
Highway 58 and Terrace Way.
A letter was received from Charles A. & Floyce M.
Leaverton, 1730 Terrace Way, expressing concern of the additional
financial burden by annexing to the City and keeping the present
R -1 (One Family Dwelling) zoning.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
456
Bakersfield, California, January 25, 1978 - Page 13
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Medders, Resolution No.
7 -78 of the Council of the City of Bakersfield declaring that a
majority protest has not been made to the annexation of "Terrace
Way No. 3," proposed to be annexed to the City of Bakersfield,
was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Barton
Upon a motion by Councilman Medders, Ordinance No. 2395
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Terrace
Way No. 3," and providing for the taxation of said territory to pay
the bonded indebtedness of said City, was adopted by the following
roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Barton
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:05 P.M.
MA OR the Cit of Bakersfield, Calif.
ATTEST:
CITY ERK and E -Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, February 1, 1978 457
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., February 1, 1978.
The meeting was called to order by Vice -Mayor Medders,
followed by the Pledge of Allegiance and Invocation by Mr. Robert
Gabbitas, member of the High Council of the Church of Jesus Christ
of Latter -Day Saints.
The City Clerk called the roll as follows:
Present: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Absent: Mayor Hart
Councilman Christensen stated his motion as shown in the
last paragraph of Page 3 of the minutes of January 11, 1978 Council
meeting should have been recorded as follows:
The staff was directed to furnish a detailed
report on all of Mr. Brady's accusations,
so that we can really find out whether we
have been misled or not, and to have what
was said taken off the tape and responded to
in detail, rather than just have the letter
responded to, and that the entire remarks of
Mr. Brady be typed and placed in the Council
pouches for the next meeting.
He further indicated that the vote in said minutes was correct.
Upon a motion by Councilman Christensen, the minutes of
January 25, 1978 and January 11, 1978 were accepted, with the
correction of the motion being stated in the minutes.
Correspondence.
Councilman Christensen read into the record a letter from
Mr. Richard H. Leask, Secretary, Bakersfield Art Commission, dated
January 27, 1978, as follows:
BAKERSFIELD ART COMMISSION
January 27, 1978
The Cunningham Art Gallery over the years
has contributed to the cultural life of this
entire area. It is becoming increasingly
recognized for its value to the community
and its collection of art on display. Also
plans are being made for displaying a large
collection which is being donated to the
community by Mrs. Mary Bultman, a former
resident of this city.
458 Bakersfield, California, February 1, 1978 - Page 2
In order to accommodate the increase in activity
at the Gallery and to properly display collections
that are available, the Bakersfield Art Commission
considers that the expansion of the Gallery is a
necessity. Accordingly we have had preliminary
plans drawn which we feel will fulfill this need.
We request the assistance of the City Council in
implementing the expansion of the Gallery in the
interest of the community.
We will be glad to meet with your representatives
at any time to further this program.
Sincerely,
Richard H. Leask
Secretary
Upon a motion by Councilman Christensen, this letter
was referred to staff for the proper assignment and consideration.
Council Statements.
Councilman Sceales recognized Mr. Bill Park, 10508 Palm
Avenue, Bakersfield, who introduced his fellow co- chairmen of the
Kern County Citizens Committee for a "Yes" Vote on Proposition 3
which is coming up on the March 7 ballot and presented a proposed
resolution supporting the San Joaquin Nuclear Project which he
asked that the Council adopt.
Adoption of Resolution No. 8 -78
of the Council of the City of
Bakersfield supporting a "Yes"
vote on Proposition 3 on March 7,
1978.
Upon a motion by Councilman Sceales, Resolution No. 8 -78
of the Council of the City of Bakersfield supporting a "Yes" vote
on Proposition 3 on March 7, 1978 was adopted by the following roll
call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
Vice -Mayor Medders called for a brief recess.
Upon a motion by Councilman Rogers, continued public
hearing before the Council on application by William H. Rogers to
amend the zoning boundaries from an R -1 (One Family Dwelling) Zone
459
Bakersfield, California, February 1, 1978 - Page 3
to an R -2 -D (Limited Multiple Family Dwelling - Architectural Design),
or more restrictive, Zone, affecting those certain properties in the
City of Bakersfield located south of Highway 178 and east of the
Bakersfield Country Club, was continued until Wednesday, February 8,
1978.
Upon a motion by Councilman Rogers, public hearing before
the Council in the matter of the proposed cancellation of Land Use
Contract with respect to part of land, under the Williamson Act, and
which land is located in the County of Kern Agricultural Preserve
Numbers 10 and 11, was continued until Wednesday, February 22, 1978.
Reports.
City Manager Bergen, in accordance with Council direction,
submitted a report dated January 25, 1978 regarding "Proposed Hotel
in Downtown Redevelopment Project Area - William Brady Letter and
Comments of Council Meeting, January 11, 1978."
Mr. Bergen stated that Mr. Eugene Jacobs, Special Counsel
for the Redevelopment Agency was present and available to answer any
questions.
Mrs. Nancy Brady posed various questions to the staff and
Mr. Jacobs relative to the proposed hotel project.
Mr. Bill Brady, property owner and owner of a business at
918 Truxtun Avenue, addressed the Council and read letters from Mr.
Miles McKnight, President, Ba- Valley Industrial Supply, dated
February 1, 1978; from Mr. Roger C. Donahue, Attorney at Law, dated
January 31, 1978; from Mr. Nathan M. Krevitz, dated February 1, 1978.
Mr. Brady asked that the Council consider adopting a
resolution revoking the action taken on December 21, 1977 regarding
the hotel proposed for the Downtown Redevelopment Project Area, and
that the Mayor appoint a committee of Councilmen, Redevelopment Agency
members, and interested property owners to sit down in committee to
get answers to the various questions and report back to the Council.
460 Bakersfield, California, February 1, 1978 - Page 4
City Manager Bergen stated the Redevelopment Agency
would be reporting to the City Council regarding the proposed
hotel development at the meeting of February 15, 1978.
Councilman Christensen moved that the Mayor appoint a
special committee of Council members and Redevelopment Agency
members to review what has been done so far and what is to be
done in the future in regard to the hotel complex, with the
committee discussions to be open to the public and press.
Councilman Sceales offered a substitute motion that
after the report to the Council in two weeks the matter be referred
to the Business Development and Parking Committee to talk with Mr.
Brady and interested parties and report back to the Council.
After discussion, Councilman Sceales withdrew his
substitute motion.
At the request of Councilman Strong, Councilman Christensen
amended his motion to refer the matter to the Council's Business
Development and Parking Committee and three members of the Redevelop-
ment Agency appointed by the Mayor; also that taxpayers should sit
in on the committee and the press.
At the suggestion of Vice -Mayor Medders, the motion was
further amended to have the Agency Chairman make the appointments
from the Redevelopment Agency.
Upon the amended motion of Councilman Christensen, the
matter of the proposed hotel in the Downtown Redevelopment Project
Area was referred to a special committee comprised of the Business
Development and Parking Committee and three members of the Redevelop-
ment Agency to be appointed by the Agency Chairman to review what
has been done so far and what is to be done in the future in regard
to the hotel complex, with the committee discussions to be open to
the public and press.
Councilman Christensen moved for a five minute recess at
10:20 P. M. Councilman Rogers left the meeting at this time.
Bakersfield, California, February 1, 1978 - Page 5 46 1
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3050 to 3215,
inclusive, in the amount of $179,034.42.
(b) Claim for Damages from Pearline Richard, c/o
Jeppson & Berman, Attorneys, 4676 Admiralty
Way, Suite 1001, Marina Del Ray, California.
(Refer to City Attorney)
(c) Street Right -of -Way Deed from G -T, Inc.,
Beatrice V. Schallock, Larry Lee Schallock.
(d) Street Right -of -Way Deed from American Baptist
Homes of the West, Inc.
(e) Notice of Completion and Acceptance of Work on
Street and Sewer Improvements under Tract No.
3882 - Contract No. 77 -62 with Tenneco Realty
Development Corporation.
(f) Notice of Completion and Acceptance of Work on
Sanitary Sewer from Easton Drive to Corporation
Yard - Contract No. 77 -155 with Granite Construc-
tion Company.
(g) Notice of Completion and Acceptance of Work on
Sanitary Sewer Main in alley north of Ming
Avenue and east of Fremont Street - Contract
No. 77 -193 with Micon Construction Company.
(h) Notice of Completion and Acceptance of Work on
Storm Drain Improvements for the Corporation
Yard - Contract No. 77 -183 with G.C.A.
(i) Deleted
(j) Deleted
(k) Application for Encroachment Permit from
Jeronimo Adame, 4416 Alexander Street, Bakers-
field, California, for approval of construction
of 4' high fence on 2' high retaining wall,
13 feet from curb, 49 feet along Calcutta Street
within the public right -of -way at the northeast
corner of Alexander and Calcutta Streets.
(1) Map of Tract No. 3990 and Improvement Agreement
for the construction of improvements therein -
located west of Stine Road and north of Hartford
Avenue.
(m) Request of Officer W. Darbee, Police Department,
for 60 -day Extension of Leave of Absence Without
Pay, beginning January 23, 1978.
(n) Resolution of Intention No. 928 of the Council of
the City of Bakersfield, declaring its intention
to order the vacation of Planz Road between Ashe
and Wilson Roads, in the City of Bakersfield and
setting Wednesday, February 22, 1978 for hearing
on the matter before the Council
462 Bakersfield, California, February 1, 1978 - Page 6
(o) Resolution of Intention No. 929 of the Council
of the City of Bakersfield, declaring its
intention to order the vacation of the alley
in Block 325 between Eye Street and Chester
Avenue, in the City of Bakersfield and setting
Wednesday, February 22, 1978 for hearing on
the matter before the Council.
(p) Resolution No. 9 -78 of the Council of the City
of Bakersfield setting Wednesday, March 15,
1978 in the Council Chambers of City Hall as
the time and place of public hearing in matter
of proposed cancellation of Land Use Contract
with respect to part of land, under the
Williamson Act, and directing City Clerk to
give notice in accord with Section 51284 of
the Government Code.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (k), (1), (m), (n), (o), and (p) of the
Consent Calendar were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Sceales
Noes: None
Absent: Councilman Rogers
Action on Bids.
Upon a motion by Councilman Ratty, low bid of RLW Equip-
ment Company for Air Compressor and Air Dryer for New Corporation
Yard was accepted and all other'bids sej-ected.
Upon a motion by Councilman Sceales, bid from Bakersfield
Chrysler Plymouth for three each four -door black and white Police
special sedans was accepted. Councilman Strong voted in the
negative.
Deferred Business.
Adoption of Ordinance No. 2396 New Series
of the Council of the City of Bakersfield
adding Chapter 1.98 to the Municipal
Code, making Section 1094.6 of the Code
of Civil Procedure applicable in the City
of Bakersfield.
After considerable discussion, upon a motion by Council-
man Ratty, Ordinance No. 2396 New Series of the Council of the
City of Bakersfield adding Chapter 1.98 to the Municipal Code,
making Section 1094.6 of the Code of Civil Procedure applicable
in the City of Bakersfield, was adopted by the following roll call
vote:
Bakersfield, California, February 1, 1978 - Page 7
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Sceales
Noes: Councilman Strong
Absent: Councilman Rogers
New Business.
Approval of Agreement between City of
Bakersfield and the Atchison, Topeka
and Santa Fe Railway Company.
This agreement provides the City with the railroad's
authorization to construct a grade separation structure at the
Truxtun Avenue Extension crossing of the Atchison, Topeka and
Santa Fe Railroad. The agreement also provides for maintenance
responsibilities upon completion of the structure.
Upon execution of this agreement and environmental
clearance for the project, the Public Utilities Commission will
issue their order authorizing the construction of the structure.
This will occur prior to April 1 of this year.
Upon a motion by Councilman Ratty, Agreement between
the City of Bakersfield and the Atchison, Topeka and Santa Fe
Railway was approved and the Mayor was authorized to execute the
agreement.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Municipal Code of the City of Bakers-
field by zoning upon annexation that
certain property in the County of
Kern located on the west side of South
H Street, between State Freeway Route
58 and Terrace Way and known as Terrace
Way No. 3 Annexation.
This ordinance would zone upon annexation subject property
46
known as Terrace Way No. 3 Annexation to an R -1 (One Family Dwelling);
to an R -1 -CH (One Family Dwelling- Church); and to an R -2 -D (Limited
Multiple Family Dwelling - Architectural Design) Zones.
The Planning Commission approved the Negative Declaration
advertised and posted January 9, 1978, found the proposed zoning
upon annexation consistent with the General Plan, and recommended
adoption.
Bakersfield, California, February 1, 1978 - Page 8
First reading was considered given an ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding property known as "Terrace Way No. 3"
Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Municipal Code of the City of Bakers-
field by changing the Land Use Zoning
of that certain property in the City
of Bakersfield located on the north
side of 18th Street, between B and C
Streets.
This ordinance would change subject property from an
R -3 (Limited Multiple Family Dwelling) Zone to a C -O -D (Commercial
and Professional Office - Architectural Design) Zone.
The Planning Commission approved the Negative Declaration
advertised and posted December 7, 1977, found the proposed zoning
consistent with the General Plan, and recommended adoption.
First reading was considered given an ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the north side of 18th Street, between
B and C Streets.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Municipal Code of the City of Bakers-
field by zoning upon annexation that
certain property in the County of
Kern located on the southwest corner
of the easterly extension of College
Avenue and Morning Drive and known as
College No. 2 Annexation.
This ordinance would zone upon annexation subject property
known as College No. 2 Annexation to an R -1 (One Family Dwelling)
Zone.
The Planning Commission approved the Negative Declaration
advertised and posted December 7, 1977, found the proposed zoning
upon annexation consistent with the General Plan, and recommended
adoption.
Bakersfield, California, February 1, 1978 - Page 9 465
First reading was considered given an ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding property known as "College No. 2"
Annexation.
Hearings.
This is the time set for public hearing before the Council
on Resolution of Intention No. 924 of the Council of the City of
Bakersfield declaring the intention to order the vacation of Alpine
Street between Kern Street and East California Avenue, in the City
of Bakersfield.
This hearing has been duly advertised and posted.
Vice -Mayor Medders declared the hearing open for public
participation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and action.
Upon a motion by Councilman Strong, Resolution No. 10 -78
of the Council of the City of Bakersfield ordering the vacation of
Alpine Street between Kern Street and East California Avenue, in
the City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Sceales
Noes: None
Absent: Councilman Rogers
This is the time set for public hearing before the Council
on Resolution of Intention No. 925 of the Council of the City of
Bakersfield declaring the intention to order the vacation of the
Alley in Block 99 between Miller and Haley Streets, north of 21st
Street and south of Sumner Street in the City of Bakersfield.
This hearing has been duly advertised and posted.
Vice -Mayor Medders declared the hearing open for public
participation. Mr. Warren Brock, the owner of a portion of the
property, spoke in favor of the vacation. No protests or objections
being received, the public portion of the hearing was closed for
Council deliberation and action.
466 Bakersfield, California, February 1, 1978 - Page 10
Upon a motion by Councilman Strong, Resolution No. 11 -78
of the Council of the City of Bakersfield ordering the vacation
of the Alley in Block 99 between Miller and Haley Streets, north
of 21st Street and south of Sumner Street, in the City of Bakers-
field, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Sceales
Noes: None
Absent: Councilman Rogers
Public hearing before the Council on Resolution of Inten-
tion No. 926 of the Council of the City of Bakersfield declaring
its intention to order the vacation of portions of 110" Street
between 34th Street and West Columbus Street, in the City of
Bakersfield, was deferred to a later date.
This is the time set for public hearing before the Council
on Resolution of Intention No. 927 of the Council of the City of
Bakersfield declaring its intention to order the vacation of a portion
of Drake Street east of Block 469 -D and north of 24th Street, in
the City of Bakersfield.
This hearing has been duly advertised and posted.
Vice -Mayor Medders declared the hearing open for public
participation. Mr. John Hustead, representing the owners of the
property, spoke in favor of the vacation. 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. 12 -78
of the Council of the City of Bakersfield ordering the vacation of
a portion of Drake Street east of Block 469 -D and north of 24th
Street, in the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Sceales
Noes: None
Absent: Councilman Rogers
Bakersfield, California, February 1, 1978 - Page 11 467
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:50 P. M.
VICE -MAYOR of the City of Bakersfield, Calif.
ATTEST:
-iF --�'
CITY CLERK and Ex Of icio Clerk of the Council
of the City of Baker field, California
EH
in
Bakersfield, California, February 8, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., February 8, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. William Butler
member of the High Council of the Church of Jesus Christ of Latter -
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Barton, Christensen, Medders,
Ratty, Rogers, Sceales
Absent: Councilman Strong
Minutes of the regular meeting of February 1, 1978 were
approved as presented.
Scheduled Public Statements.
Mr. Donald Richie, 1707 Maple Street, presented a petition
containing 47 signatures from residents living on Forrest Street,
Maple Street and "H" Street, to the Council requesting safety zones
or traffic signs on "H" Street in the vicinity of St. Francis
Church.
Upon a motion by Councilman Rogers, petition from residents
living on Forrest Street, Maple Street and "H" Street requesting
safety zones or traffic signs on "H" Street in the vicinity of
St. Francis Church, was received and referred to the Traffic
Authority for study and recommendation back to the Council.
Mr. Richie requested that he be notified when the report
from the Traffic Authority will be heard by the Council.
Correspondence.
Upon a motion by Councilman Sceales, communication from
Mrs. Florence H. Page, P. 0. Box 773, Wasco, dated February 3, 1978,
expressing opposition to the Council's support of Proposition 3 -
San Joaquin Nuclear Project, was received and ordered placed on
file.
469
Bakersfield, California, February 8, 1978 - Page 2
Upon a motion by Councilman Christensen, communication
from Louise B. Armstrong and James E. (Mickey) Bolender, dated
February 4, 1978, requesting that a new fireproof wing be
constructed on the Art Gallery and offering a donation of art and
money, was received, ordered placed on file and the staff was
directed to forward a copy to the Bakersfield Art Commission.
Councilman Ratty made a motion that communications to
Mayor Hart from Christopher David Brewer, 2807 Oswell Street,
dated February 1, 1978,and Harold Baker Brewer, 1224 Telegraph
Avenue, dated January 30, 1978, regarding removal of Father Garces
Statue from the traffic circle and relocating it at the Kern County
Museum, be received and placed on file.
Councilman Medders stated he felt there is a misunder-
standing about the City's intent regarding the relocation of the
Father Garces Statue. The cost of moving it is not the problem.
No contractor would guarantee that it could be moved without damage
due to excessive weight and condition of the statue.
Councilman Ratty's motion that communications to Mayor
Hart from Christopher David Brewer and Harold Baker Brewer re-
garding removal of Father Garces Statue from the traffic circle
and relocating it at the Kern County Museum be received and placed
on file, was unanimously approved.
Council Statements.
Upon a motion by Councilman Rogers, Mayor Hart's reappoint-
ments of Vincent Casper and D. Jeanne Foth to the Bakersfield
Redevelopment Agency, terms expiring February 1, 1982, were approved;
and the Mayor was requested to write Mr. Casper and Ms. Foth
expressing the Council's appreciation for their years of service.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3216 to 3307,
inclusive, in the amount of $883,164.95.
470
Bakersfield, California, February 8, 1978 - Page 3
(b) Street Right -of -Way Deed from George F.
McCourry and Mildred L. McCourry providing
right -of -way on Vincent Avenue for access
to Tract No. 3912.
(c) Notice of Completion and Acceptance of
Work under Parcel Map No. 3955 - Contract
No. 77 -80 with James A. Bowline and
Michelle L. Hotten.
(d) Map of Tract No. 3887 "A" and Improvement
Agreement for construction of improvements
therein - located north of Ming Avenue and
east of Ashe Road.
Upon a motion by Councilman Ratty, Items (a), (b), (c)
and (d) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
Action on Bids.
Upon a motion by Councilman Sceales, low bid of Jim Burke
Ford for one 6,000 lb. G.V.W. Truck Cab and Chassis, was accepted
and the other bid rejected.
Upon a motion by Councilman Sceales, low bids of Ralph's
Piston Ring Service for one 360 gallon capacity cleaning tank and
Chester Avenue Brake for one 65 gallon capacity cleaning tank for
new Corporation Yard, were accepted and all other bids rejected.
Deferred Business.
Adoption of Ordinance No. 2397 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land
Use Zoning of that certain property
in the City of Bakersfield located
on the north side of 18th Street,
between B and C Streets.
The application for this zone change was made by Emmett
Eugene Routh and this ordinance would change subject property from
an R -3 (Limited Multiple Family Dwelling) Zone to a C -O -D (Com-
mercial and Professional Office - Architectural Design) Zone.
471
Bakersfield, California, February 8, 1978 - Page 4
Upon a motion by Councilman Ratty, Ordinance No. 2397
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that certain
property in the City of Bakersfield located on the north side of
18th Street, between B and C Streets, finding the C -O -D zoning
consistent with the General Plan, and the Negative Declaration,
were adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2398 New
Series of the Council of the City
of Bakersfield amending Section
17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the
City of Bakersfield, regarding
property known as "Terrace Way No.
3" Annexation.
This ordinance would zone upon annexation property known
as "Terrace Way No. 3" Annexation to an R -1 (One Family Dwelling),
R -1 -CH (One Family Dwelling - Church), and R -2 -D (Limited Multiple
Family Dwelling - Architectural Design) Zones.
Upon a motion by Councilman Sceales, Ordinance No. 2398
New Series of the Council of the City of Bakersfield amending
Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield, regarding property known as
"Terrace Way No. 3" Annexation, finding said zonings consistent
with the General Plan, and the Negative Declaration, were adopted
by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2399 New
Series of the Council of the City
of Bakersfield amending Section
17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the
City of Bakersfield, regarding
property known as "College No. 2"
Annexation.
472
Bakersfield, California, February 8, 1978 - Page 5
This ordinance would zone upon annexation property known
as "College No. 2" Annexation to an R -1 (One Family Dwelling) Zone.
Upon a motion by Councilman Rogers, Ordinance No. 2399
New Series of the Council of the City of Bakersfield amending
Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield, regarding property known as
"College No. 2" Annexation, finding said zoning consistent with
the General Plan, and the Negative Declaration, were adopted by
the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.04.791 of the
Municipal Code of the City of
Bakersfield (Speed Limit on Real
Road).
Pursuant to Section 22357 of the California Vehicle Code,
the Public Works Department recommends the speed limit on Real
Road be changed to 35 m.p.h. between California Avenue and Chester
Lane and 30 m.p.h. between Palm Street and Stockdale Highway.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 11.04.791 of the
Municipal Code of the City of Bakersfield (Speed Limit on Real
Road).
Adoption of Resolution No. 13 -78 of
the Council of the City of Bakers-
field deleting a Council Meeting in
the month of February, 1978.
Upon a motion by Councilman Ratty, Resolution No. 13 -78
of the Council of the City of Bakersfield deleting a Council
Meeting in the month of February, 1978, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
1'1
Bakersfield, California, February 8, 1978 - Page 6
Hearings.
Upon a motion by Councilman Rogers, continued public
hearing before the Council on application by William H. Rogers to
amend the zoning boundaries from an R -1 (One Family Dwelling) Zone
to an R -2 -D (Limited Multiple Family Dwelling - Architectural
Design), or more restrictive, Zone, affecting those certain
properties in the City of Bakersfield located south of Highway
178 and east of the Bakersfield Country Club, was continued until
Wednesday, February 22, 1978.
This is the time set for public hearing before the
Council in the matter of the request of Bakersfield Cable TV and
Warner Cable TV for rate deregulation in the City of Bakersfield.
This hearing has been duly advertised.
Mayor Hart declared the hearing open for public partici-
pation.
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would yield the chair to Vice -Mayor Medders.
Mr. Tom LaFourcade, General Manager of Warner Cable TV
of Kern County, cited several reasons the Federal Communications
Commission deleted a portion of their rules (Section 76.31A4)
which required local control; and in support of Warner Cable TV's
request for deregulation in the City of Bakersfield he read a
letter addressed to Robert Wright, City Manager of Peoria, Ill.,
from John M. Semanski and Robert Scott, Professors of Economics
at Bradley University, expressing support of deregulation of cable
television in the Peoria area. Mr. LaFourcade assured the Council
that it was not in the best interest of cable television companies
to jack up prices so high as to force customers to cancel.
Mr. Howard Channell, General Manager of Bakersfield
Cable TV, read a prepared statement in support of their request
for deregulation in the City of Bakersfield.
No protests or objections being received and no one else
wishing to speak in favor, Vice -Mayor Medders closed the public
4 -1
Bakersfield, California, February 8, 1978 - Page 7
portion of the hearing for Council deliberation and action.
After discussion, upon a motion by Councilman Rogers
the staff was directed to draft a document, as soon as practical,
implementing the deregulation of cable television rates, in
keeping with the action taken by the County, and which would
include; (1) periodic public reviews of performance, (2) right
to review increases and (3) receive annual financial statements.
City Manager Bergen stated that he does not feel that
the staff should set rates or have them appealed to the staff in
any way. That is a prerogative of the Council. Any staff recom-
mendations should be made to the City Council.
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.
MAYQR,b'f the Ci y of Bakersfield, Calif.
ATTEST:
— -//V-2�0
CITY CIAITK and Ex -Of cio Clerk of the Council
of the City of Bake field, California
ma
475
Bakersfield, California, February 22, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., February 22, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. Michael Thurman
member of the High Council of the Church of Jesus Christ of Latter -
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Christensen, Medders, Ratty,
Rogers, Sceales, Strong, Barton
Absent: None
Minutes of the regular meeting of February 8, 1978 were
approved as presented.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to Mr. James E.
Ware, who completed 28 years of service with the Police Department
of the City of Bakersfield, effective February 4, 1978.
Scheduled Public Statements.
Mrs. Bernice Jarrett, Chairman of the Bakersfield Art
Commission, outlined the history of the Art Commission and Gallery;
introduced members of various art organizations; and stated there
is an opportunity to acquire another valuable collection if an
addition can be made to the art gallery.
Mr. Francis Parsons, Architect and member of the Bakers-
field Art Commission, pointed out preliminary sketches of the
proposed additions to the art gallery and requested aid from the
City to obtain funds from the Federal Government and private
foundations.
Mr. George Van Dreal, Vice - President of the Bakersfield
Art Association, stated several valuable art collections would be
donated and traveling exhibits would come to the City if more space
was available and requested the aid of the Council in expanding
the gallery.
476
Bakersfield, California, February 22, 1978 - Page 2
Mr. Richard Leask, Secretary of the Bakersfield Art
Commission, outlined the art collection that would be donated by
Mrs. Mary Bultman, if facilities are available to display it;
and requested the Council's support in the planning, construction
and planning of the financial stages of this facility that can do
a lot to enrich the lives of the people of this community.
Councilman Christensen thanked the Art Commission and
Association for bringing this information to the attention of the
Council and stated he is sure the Council will make every effort
to aid them in this project.
Councilman Ratty stated he hopes they will present this
to the County and then the Intergovernmental Relations Committee
and County can work together to help the Art Commission and Associa-
tion in this project.
Mr. Robert Coop, Arthur D. Little Management Consultants,
stated he was present, at the request of the Council, to discuss
a management audit or review of the Police Department. It is very
difficult to quote a price of a study without details of what the
Council wants in terms of the extent of the study. In order to
determine exactly what is wanted,by the Council, it is suggested
that an Overview Study be conducted at a cost of approximately
$5,000.00,which could be completed by the end of March. To con-
duct a thorough management audit the best ballpark figure he could
give was $35,000.00 - $50,000.00.
Councilman Barton made a motion that the Council retain
Arthur D. Little Management Consultants to conduct an Overview
Study of the Police Department to determine exactly what type of
management study is necessary.
Councilman Ratty stated that there is a Proposition,
Jarvis -Gann Initiative, on the June ballot that, if passed, could
drastically curtail the City's budget, and he offered a substitute
motion that the decision to conduct this Overview Study be post-
poned until after that election.
477
Bakersfield, California, February 22, 1978 - Page 3
Councilman Barton stated that if the Council could reduce
the personnel turnover rate in the Police Department by conducting
this study it would more than compensate for the cost of the study.
Councilman Christensen stated that he thought it is
imperative that this money be spent to conduct the Overview Study
to determine if there are problems in the Police Department or not.
After discussion, Councilman Ratty's substitute motion
that the decision to conduct the Overview Study be postponed until
after the June election was approved by the following roll call
vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales
Noes: Councilmen Christensen, Strong, Barton
Absent: None
Correspondence.
Upon a motion by Councilman Sceales, communication from
the City of Arvin, dated January 23, 1978, requesting the City of
Bakersfield to enter into a Joint Powers Agreement which would
allow the City of Arvin's Senior Citizens Transportation Service
to operate in the City of Bakersfield, was received and referred
to staff for study and recommendation.
Upon a motion by Councilman Rogers, communication from
George Read, 3512 E1 Alisal, dated February 16, 1978, requesting
annexation of property located on the southwest corner of White
Lane and Union Avenue, containing 7.65 acres of land, was received
and referred to the Planning Commission for study and recommendation.
Hearings.
Upon a motion by Councilman Rogers, continued public
hearing before the Council on application by William H. Rogers to
amend the zoning boundaries from an R -1 (One Family Dwelling) Zone
to an R -2 -D (Limited Multiple Family Dwelling - Architectural
Design), or more restrictive, Zone, affecting those certain
properties in the City of Bakersfield located south of Highway
178 and east of the Bakersfield Country Club, was continued until
Wednesday, March 8, 1978.
478
Bakersfield, California, February 22, 1978 - Page 4
Council Statements.
Councilman Rogers announced that he appointed Mr. Paul
Nelson, 2500 Christmas Tree Lane, to the Housing Advisory Finance
and Appeals Board.
Councilman Barton announced that he appointed Mrs. Joyce
Hayes, 4204 Alexander Street, to the Housing Advisory Finance and
Appeals Board.
Councilman Sceales announced that he appointed Mr. Denman
A. Collins, 216 E1 Tovar, to the Housing Advisory Finance and
Appeals Board.
Councilman Ratty announced that he appointed Mr. Charles
L. "Bud" Doering, 1400 Kern Street, Apt. 5, to the Housing Advisory
Finance and Appeals Board.
Councilman Medders announced that he appointed Mr. Francis
Morelli, 2520 - 4th Street, to the Housing Advisory Finance and
Appeals Board.
Councilman Strong announced that he appointed Mr. Robert
Bethea, 323 "T" Street, to the Housing Advisory Finance and Appeals
Board.
Councilman Barton announced that the Business Development
and Parking Committee with a Redevelopment Agency Committee will
hold a public meeting in the Council Chambers on March 1, 1978 at
4:00 P. M. with the property owners within the proposed hotel
complex redevelopment area.
Reports.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 1 -78 regarding Parking, as
follows:
In December of 1977, this committee, along with
the staff, began discussions with the legal
counsel for the Redevelopment Agency to deter-
mine if the Agency could conduct an evaluation
of parking needs of the redevelopment area.
In the opinion of the counsel, they may con-
duct such a study.
479
Bakersfield, California, February 22, 1978 - Page 5
Since it is within the scope of authority of
the Redevelopment Agency, it is the recom-
mendation of this committee that the City
Council formally request the Agency to conduct
a comprehensive evaluation of the parking needs
of the redevelopment area and make recommenda-
tions back to this Council as soon as possible.
Those recommendations should suggest alter-
natives for both short -term and long -range
solutions.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 1 -78 regarding Parking, was
accepted; and the Council will formally request the Bakersfield
Redevelopment Agency to conduct a comprehensive evaluation of the
parking needs of the redevelopment area and make recommendations,
suggesting alternatives for both short -term and long -range
solutions, back to the Council as soon as possible.
Councilman Rogers, member of the Governmental Efficiency
and Personnel Committee, read Report No. 2 -78 regarding Personnel
Changes, as follows:
In 1976, a federal law was passed extending
unemployment insurance to employees of state
and local governments, effective January 1,
1978. In order that California's private
sector employees were not penalized into
paying the cost of this federal requirement,
Assembly Bill 644 was passed by the State
Legislature and signed into law in January of
1978. With the passage of these two laws,
the City of Bakersfield could now be faced
with an estimated annual cost of over $300,000
in unemployment benefits.
In an attempt to hold down these costs, the
staff has held several meetings with representa-
tives of the State Department of Benefits
Payments regarding the various options the
City has in financing and administering an
unemployment program.
Based on facts available at this time, it
appears the City would be best served by
selecting a reimbursable method whereby we
would be basically self- insured. This would
be similar to the self- insured method which
the staff recommended two years ago for workers'
compensation which resulted in an estimated
annual savings of $250,000.
The Governmental Efficiency and Personnel
Committee has met with the staff regarding
this matter, and since the Federal and State
Governments have once again imposed additional
n n 0
•
Bakersfield, California, February 22, 1978 - Page 6
requirements on local government, the City has
no other choice than to make sure future costs
are held to a minimum. This Committee is,
therefore, recommending a new position of
Personnel Technician to be assigned to the
City Manager's Office to oversee the City's
unemployment benefits program and other
related duties. This position is important
in that if claims filed against the City are
not answered within ten days, unemployment
benefits are automatically paid. The annual
cost for this new position, including supple-
mental benefits, is $17,340. In other
personnel - related business, the Governmental
Efficiency and Personnel Committee is recom-
mending Council approval in reclassifying one
Secretary II position in the Manager's Office
to a Personnel Clerk. This reclassification
is in the same salary level, therefore, there
are no additional costs involved. This
Committee is also recommending the reclassi-
fication of a vacant Engineering Technician II
position to Survey Party Chief. This reclassi-
fication will result in an annual savings of
approximately $2,000.
In order to effectuate these transactions, we
are recommending approval of this report and
approval of the following:
(1) One (1) new position of Personnel Technician
for the City Manager's Office.
(2) Reclassification of one (1) Secretary II
position to Personnel Clerk in the City
Manager's Office.
(3) Reclassification of one (1) Engineering
Technician II position to Survey Party
Chief, and approval of the attached
Survey Party Chief specifications.
(4) Approval of the attached salary resolution.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 2 -78 regarding Personnel Changes,
was accepted; one new position of Personnel Technician for the
City Manager's Office, was approved; reclassification of one
Secretary II position to Personnel Clerk in the City Manager's
Office, was approved; and reclassification of one Engineering
Technician II position to Survey Party Chief and job specifications,
were approved.
n 1 Mob
Bakersfield, California, February 22, 1978 - Page 7
Adoption of Resolution No. 14 -78 of
the Council of the City of Bakers-
field amending Resolution No. 51 -77,
setting salaries and related
benefits for Officers and Employees
of the City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 14 -78
of the Council of the City of Bakersfield amending Resolution No.
51 -77, setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
City Manager Bergen read a report regarding 1976 State
Park Bond Act, as follows:
In April 1977, the City Council adopted a
resolution which approved the priority plan
for expenditure for Kern County under the
1976 State Park Bond Act. The City of
Bakersfield's share under this plan was
$281,200. Applications must normally be
submitted by September 15 of each year for
funding in the following fiscal year. The
City has recently been informed by the State
that an application can be submitted by March
15 and be funded in this next fiscal year.
This would allow the City to receive these
funds one year sooner.
The park projects as outlined on the attached
are being proposed for the 1978 -79 capital
improvement program for funding under this
program. In order for the City to make
application to meet this filing date, the
Council must adopt the attached resolution.
After discussion, upon a motion by Councilman Rogers,
report from the City Manager regarding 1976 State Park Bond Act,
was accepted.
Adoption of Resolution No. 15 -78 of
the Council of the City of Bakers-
field approving the application for
1976 State Grant Moneys for improve-
ments at Quailwood, Castle and
University Parks.
Upon a motion by Councilman Rogers, Resolution No. 15 -78
of the Council of the City of Bakersfield approving the application
Bakersfield, California, February 22, 1978 - Page 8
for 1976 State Grant Moneys for improvements at Quailwood, Castle,
and University Parks, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
City Manager Bergen reported that a number of problems
were brought up during the annexation of Rio Bravo, both by the
Environmental Impact Report, comments on the E.I.R., LAFCO, etc.
The basic understanding being that most capital improvements would
be financed by the developers and services provided by the City
would not exceed tax revenues from the area. One of the major
problems was water service. The City agreed to study this problem
and Tom Stetson, City's Consulting Engineer, is preparing a report.
Mr. Stetson is present this evening and will give the Council a
brief status report.
Mr. Tom Stetson, of Stetson Engineers, Inc., and
Consultants to the City of Bakersfield on water matters, with the
aid of maps, presented a status report on water sources and problem
of actual development of water systems for the Rio Bravo Annexation
area.
Mr. Stetson stated that the principal problem area being
focused on is between the Olcese Water District and Improvement
District 4 in which there could be subdivision development or
proposals for subdivision development. This happens to be an area
in which there is difficulty getting adequate wells. The wells
yield very small quantities of water and are expensive. We are
looking at that from a standpoint of what alternative means can
be provided to develop water service in that area. It could be
extensions of existing services, from either California Water
Service, East Niles or Olcese, all of which would be very expensive
because it is an area that has not developed to date. If develop-
ment occurred it would probably be on a gradual basis and would
•
Bakersfield, California, February 22, 1978 - Page 9
require a major investment in facilities to extend the service
out to that area. This is the problem being focused on now. The
entire area will be covered in the report.
Councilman Rogers stated, as a reminder, that when the
Council was considering this annexation it was very clearly stated,
in the Environmental Impact Report and Council Chambers, that if a
developer wanted to go out away from the existing City Limits,
which is the area Mr. Stetson pointed out, that he was welcome to
do it, however, it must be understood the cost of extending services
to that area would be borne by the developer and not by the tax-
payers of the City.
City Manager Bergen stated the real problem is that the
initial development, most likely, will not justify the type of
expenditure that will be needed to bring water to that area. The
staff is working with the Planning Commission to arrive at some
acceptable standards of development that might be recommended by
the staff. Any of those recommendations will come to the Council
for deliberation and approval prior to implementation.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3308 to 3482,
inclusive, in the amount of $503,430.65.
(b) Alleyway Easement from Tenneco Realty
Development Corporation required by lot
line adjustment in alley north of
Outingdale Drive (Tract No. 3872 north-
west of Ming Avenue and Ashe Road).
(c) Map of Tract No. 4027 and Improvement
Agreement for construction of improve-
ments therein - located south of Wilson
Road and west of South "H" Street.
(d) Notice of Completion and Acceptance of
Work for pavement improvements on Ashe
Road, Ming Avenue, Gosford Road and
University Avenue - Contract No. 77 -179
with Griffith Company.
484
Bakersfield, California, February 22, 1978 - Page 10
(e) Application for Encroachment Permit from
Kern County Development, Inc., Coleman T.
Proctor, P.O. Box 9812, Bakersfield, for
construction of 4 foot high wood fence
at 3308 Grissom Street, 4 foot high chain
link fence at 3300 and 3304 Grissom
Street and 6 foot high wood fence along
Planz Road at 3300 Grissom Street (south-
east corner of Planz Road and Grissom
Street). All fences are at back of
sidewalk and within the public right -of-
way.
(f) Request from Kern County Property Manage-
ment Department for abandonment of Alley
running east and west between "H" and
Eye Streets, south of Santa Fe Railroad
tracks and north of 14th Street. (Refer
to Planning Commission for study and
recommendation)
(g) Request from Moreland Engineering, Inc.,
to Zone Upon Annexation to R -2 a portion
of Tentative Tract No. 4004 located on
the southeast corner of Pacheco Road and
South "H" Street. (Refer to Planning
Commission)
(h) Resolution No. 16 -78 of the Council of
the City of Bakersfield setting Wednesday,
March 22, 1978 in the Council Chambers of
City Hall as the date and place of public
hearing in the matter of proposed can-
cellation of Land Use Contract with
respect to part of land, under the
Williamson Act and directing the City
Clerk to give notice in accord with
Section 51284 of the Government Code.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Sceales, low bid of Monk
Stationers for Annual Contract No. 10579 for Office Supplies
(186 items), was accepted, all other bids rejected and the Mayor
was authorized to execute the contract
•
1 •
Bakersfield, California, February 22, 1978 - Page 11
Upon a motion by Councilman Ratty, low bid of Three Way
Chevrolet for one 27,500 lb. G.V.W. Tilt -Cab and Chassis, was
accepted and the other bid rejected; and bid of P -B Sales Company
for Street Patcher Body, was accepted.
Upon a motion by Councilman Sceales, Dean Clark & Sons
was permitted to withdraw their bid for Security Lighting for the
Corporation Yard Facility; and second lowest bid of Galland
Electric, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Strong, low bid of Jim Alfter
for construction of Curb and Gutter on various streets in the
Mayflower- Sunset District, Phase II (E.D.A. Project), was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
Deferred Business.
Adoption of Ordinance No. 2400 New
Series of the Council of the City of
Bakersfield amending Section 11.04.791
of the Municipal Code of the City of
Bakersfield (Speed Limit on Real Road).
Upon a motion by Councilman Sceales, Ordinance No. 2400
New Series of the Council of the City of Bakersfield amending
Section 11.04.791 of the Municipal Code of the City of Bakersfield
(Speed Limit on Real Road), was adopted by the following roll call
vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
New Business.
Adoption of Resolution No. 17 -78 of
the Council of the City of Bakers-
field designating Enforcement Agencies
to carry out provisions of the Z'Berg-
Kapiloff Solid Waste Control Act of
1976.
486
Bakersfield, California, February 22, 1978 - Page 12
This resolution designates the Bakersfield Development
Services Department (Building Department) and the Kern County
Health Department as the enforcement agency to carry out the
provisions of the Solid Waste Control Act for refuse collection
in the City. The act requires each City to designate an enforce-
ment agency. The departmental unit responsible for refuse
collection and disposal cannot be the enforcement agency for the
operation it conducts.
Upon a motion by Councilman Ratty, Resolution No. 17 -78
of the Council of the City of Bakersfield designating Enforcement
Agencies to carry out provisions of the Z'Berg- Kapiloff Solid
Waste Control Act of 1976, was adopted by the following roll call
vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
Adoption of Resolution No. 18 -78 of
the Council of the City of Bakers-
field approving Negative Declaration
for the construction of the Truxtun
Avenue Extension and Separation of
Grade Project, and approving said
project.
Approval of the Negative Declaration is necessary prior
to the Public Utilities Commission order for construction of the
project. After the P.U.C. order is made, the City will make
application with Caltrans for approval and allocation of funds
for the project. This will have to be accomplished prior to
April 1, 1978, in order for the project to be funded or constructed
in this fiscal year.
The Planning Commission held a public hearing and approved
the Negative Declaration on February 7, 1978.
Councilman Strong stated he did not remember reviewing
the Negative Declaration and felt it should have been included in
the Council packets with the resolution.
r
Bakersfield, California, February 22, 1978 - Page 13
Councilman Ratty indicated that the Council received a
copy of the E.I.R. and Notice of Determination a couple weeks ago.
Upon a motion by Councilman Ratty, Resolution No. 18 -78
of the Council of the City of Bakersfield approving Negative
Declaration for the construction of the Truxtun Avenue Extension
and Separation of Grade Project, and approving said project, was
adopted by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Barton
Noes: Councilman Strong
Absent: None
Abstaining: Councilman Christensen
Councilman Ratty indicated that he felt that pertinent
documents should be included with the item for adoption.
Councilman Strong stated, in clarifying his negative
vote, that he did not remember having read some of the documents
in question and it would be in poor taste to vote "Yes" without
having done so.
Approval of Plans and Specifications
for construction of Curb and Gutter
and Cross Gutters at various locations.
Upon a motion by Councilman Sceales, Plans and Specifi-
cations for construction of curb and gutters on the east side of
"N" Street between 2nd Street and Chester Place and construction
of cross gutters at seven locations within the Community Develop-
ment Target Area (Community Development Funds), were approved.
Hearings
(Continued)
Upon a motion by Councilman Sceales, continued public
hearing before the Council in the matter of the proposed cancella-
tion of Land Use Contract with respect to part of land, under the
Williamson Act, and which land is located in the County of Kern
Agricultural Preserve Number 10 and 11, was continued until
488
Bakersfield, California, February 22, 1978 - Page 14
Wednesday, March 15, 1978, by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
This is the time set for public hearing before the
Council on Resolution of Intention No. 928 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of Planz Road between Ashe and Wilson Roads, in the City of
Bakersfield.
This hearing has been duly advertised and posted.
Vice -Mayor Medders declared the hearing open for public
participation. Mr. Chuck Tolfree, representing the applicant
Tenneco Realty Development Corporation, was present to answer
questions of the Council. No protests or objections being
received, the public portion of the hearing was closed for Council
deliberation and action.
Upon a motion by Councilman Sceales, Resolution No.
19 -78 of the Council of the City of Bakersfield ordering the
vacation of Planz Road between Ashe and Wilson Roads, in the
City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
This is the time set for public hearing before the
Council on Resolution of Intention No. 929 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of the Alley in Block 325 between Eye Street and Chester Avenue,
in the City of Bakersfield.
This hearing has been duly advertised and posted.
Vice -Mayor Medders declared the hearing open for public
participation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
JAI
Bakersfield, California, February 22, 1978 - Page 15
Upon a motion by Councilman Ratty, Resolution No. 20 -78
of the Council of the City of Bakersfield ordering the vacation
of the Alley in Block 325 between Eye Street and Chester Avenue,
in the City of Bakersfield, was adopted by the following roll
call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
Councilman Barton requested that a copy of City Manager
Bergen's contract be included in the Council packets for next
week.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 9:50 P. M.
MAY the City of Bakersfield, Calif.
ATTEST:
CITY RK and Ex-994ficio Clerk of the Council
of the City of Bakktsfield, California
ma
490
Bakersfield, California, March 1, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., March 1, 1978.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Councilman Rogers.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales,
Strong, Barton, Christensen
Absent: None
Minutes of the regular meeting of February 22, 1978 were
approved as presented.
Correspondence.
Upon a motion by Councilman Medders, correspondence from
Mr. Clayton Rippey, 4017 Eton, Bakersfield, dated February 23,
1978, expressing his support of proposals made by the Bakersfield
Art Association and the Art Commission at the Bakersfield City
Council meeting of February 22, 1978, was received and placed on
file.
Upon a motion by Councilman Medders, correspondence from
Mr. Victor Lesseter, 6613 Rexford Way, Bakersfield, dated February
15, 1978, addressed to Mayor Don Hart, presenting petition to keep
the Stockdale bicycle lane open and maintained, was received and
referred to staff for study.
Upon a motion by Councilman Rogers, correspondence from
the Housing Authority of the County of Kern, dated March 1, 1978,
regarding application for Preliminary Loan for Low -Rent Public
Housing and requesting adoption of Resolution approving the applica-
tion, was received and will be placed on the City Council agenda for
the meeting of March 8, 1978.
Council Statements.
Upon a motion by Councilman Rogers, all building permit
fees related to property flood damage resulting from the recent
storm were waived for a period of sixty days.
491
Bakersfield, California, March 1, 1978 - Page 2
Councilman Barton stated that at the Council meeting of
February 22, 1978 he requested a copy of the City Manager's contract
and breakdown of the total cost of the contract to the City be
furnished members of the City Council prior to tonight's meeting.
Upon a motion by Councilman Barton, the staff was requested to give
the Council, at this meeting, a written report with itemized accounting
of the total cost of the City Manager's contract and also the cost of
any projected costs that may occur to the contract prior to March 15,
1979.
Councilman Christensen stated that the total analysis of
the income which accrued to City Manager Bergen should include answers
to the following: How much does the City pay for health and welfare?
What is the car allowance? Speaking of the car, what is the liability
payment on the car that we as taxpayers make? What is the property
damage insurance that we carry? What is the other comprehensive
insurance? What was the purchase of the vehicle, minus the deprecia-
tion? What is the operation cost? What is the cost of maintenance?
What amount is spent for repair and what were the fees if a chauffeur
is ever furnished? Plus in the contract we have life insurance; the
amount of deferred payment; the amount given for administrative leave;
the amount allowed for compensatory time; professional dues both
national, regional, and local that are paid by the City; conference
fees and expenses to conferences; and any institute fees of any
institutes the Manager may have attended. That would be the total
salary.
After considerable discussion, Councilman Barton moved
that a written notice be prepared and signed by the Mayor and given
to the Manager which shall provide for a reasonable time after March
15, 1978 to review the Manager's contract with the idea of extending
the contract for another four years, but that during the review period
and prior to an extension of the contract that the provisions contained
in the present contract shall not be effective beyond March 15, 1979
without further formal action by this Council.
492
Bakersfield, California, March 1, 1978 - Page 3
City Attorney Hoagland stated the Council could not amend
the contract unilaterally, nor could the contract be extended beyond
March 15 by means of a motion. The contract is renewed for four
years from and after March 15, 1979 if notice is not given by the
Council prior to March 15, 1978.
City Manager Bergen suggested adjourning to Executive
Session.
After a lengthy discussion, Councilman Barton amended his
motion to read that a written notice be prepared and signed by the
Mayor and given to the Manager which provides for a review of his
contract prior to March 15, 1978 by this Council with the idea to
extend the contract for four more years.
Councilman Rogers made a substitute motion in two parts:
(1) that the detailed written report requested regarding the cost
of the City Manager's contract be provided this Council next week
and not tonight, and (2) that Mr. Barton put down his request in
writing to be included in the Council packets before the meeting of
March 8, 1978, so the Council can look at it and read exactly what
he means.
In response to questions presented by Mayor Hart, City
Attorney Hoagland stated it was his opinion that Councilman Rogers'
substitute motion was a clarification of Councilman Barton's motion
passed on by the Council earlier in the meeting. The substitute
motion would, in effect, bring out all of the things requested which
were not included in Mr. Barton's original motion.
City Manager Bergen again suggested an Executive Session.
The City Clerk proceeded to call the roll on Councilman
Rogers' substitute motion, with Councilmen Medders, Ratty, Rogers,
and Sceales voting "aye." Councilman Strong requested a point of
clarification and asked the City Attorney if there is a provision
in Mason's rules allowing something that has been voted on and passed
by the Council to be brought up again at the same meeting.
493
Bakersfield, California, March 1, 1978 - Page 4
A brief recess was called at 9:00 P. M.
City Attorney Hoagland cited Section 395 of Mason's Manual
of Legislative Procedure, A Motion to Amend, Test of Amendability
of Question: "If it could properly have been submitted in a different
form it can be amended."
Councilman Strong indicated he wished to pass. Mayor Hart
stated to let the record show that Mr. Strong did not participate in
this vote by abstention or voting aye or nay.
The Clerk continued the roll call, with Councilman Barton
voting "no," and Councilman Christensen voting "yes" on the last
part of the motion, and if the two parts are commingled, "no."
The motion carried.
City Attorney Hoagland stated that the two parts of the
substitute motion were voted on as one motion.
Mayor Hart requested, as a privilege of the chair, that
the information that was to be made available this evening be presented
in fifteen minutes, and that next week the entire package in detail
be included in the packets.
Councilman Barton made a motion that the Manager's contract
be reviewed March 8, 1978.
Upon a motion by Councilman Medders, the Council adjourned
to Executive Session at 9:10 P. M.
The Council reconvened at 10:00 P. M.
City Manager Bergen stated the annual, direct salary cost
of his contract, effective March 1, 1978, is $48,314.28, plus a
deferred income of 10 %, or $4,831.43, which is put into a retirement
account.
Upon a motion by Councilman Barton, the Council voted
unanimously to review the Manager's contract on March 8, 1978.
Reports.
At the City Council meeting of February 22, 1978, the City
Council referred a communication from the City of Arvin regarding
a Joint Powers Agreement for the Arvin Transportation Program to the
1 � I
Bakersfield, California, March 1, 1978 - Page 5
staff for study and recommendation. City Manager Bergen reported
on the staff's findings.
Upon a motion by Councilman Medders, the Joint Powers
Agreement with the City of Arvin for Senior Citizens Transportation
Service was approved and the Mayor was authorized to execute the
agreement.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3483 to 3666, inclusive,
in the amount of $168,637.41.
(b) Claim for damages from Mrs. Nevada Payne, 137
South Milham Drive, Bakersfield. (Refer to
City Attorney)
(c) Application for Encroachment Permit from Teresa
Lopez, 621 "R" Street, Bakersfield, for con-
struction of chain link fence 4 feet high to be
placed approximately 5 feet from face of curb,
at the back of sidewalk area at 621 "R" Street.
(d) Application for Encroachment Permit from Don G.
Simpson for a masonry wall 6 feet high to be
placed 1 foot from property line at the back
of the sidewalk at 1801 Pine Street.
(e) Notice of Completion and Acceptance of Street
Improvements on Stine Road and Planz Road,
southwest corner.
(f) Plans and Specifications for Paving of New
Corporation Yard.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), and (f) of the Consent Calendar were adopted by the
following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton,
Christensen
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Sceales, bid of Kern Rock Co.
for Annual Contract No. 10479 for Select Road Materials was accepted
and the Mayor was authorized to execute the contract.
495
Bakersfield, California, March 1, 1978 - Page 6
New Business.
Acceptance of anonymous gift.
A donor desiring to remain anonymous wishes to contribute
money to the City to be used for certain public purposes. The gift
must be accepted by the City.
Upon a motion by Councilman Rogers, anonymous gift of money
to be used for certain public purposes was accepted.
Adoption of Resolution No. 21 -78
of the Council of the City of Bakers-
field setting forth the terms and
conditions for deregulation of rates
for Cable TV franchises.
At the City Council meeting of February 8, 1978, the staff
was directed to draft a document implementing the deregulation of
Cable Television rates, in keeping with the action taken by the
County of Kern, and which would include: (1) periodic public reviews
of performance, (2) right to review increases, and (3) receive annual
financial statements.
Upon a motion by Councilman Rogers, Resolution No. 21 -78 of
the Council of the City of Bakersfield setting forth the terms and
conditions for deregulation of rates for Cable TV franchises was
adopted by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton
Noes: Councilman Christensen
Absent: None
Councilman Christensen qualified his vote in the negative
by stating he saw no difference between deregulation and regulation.
Approval of Sewer Service Agreement
between City and Panorama County
Sanitation District, to serve College
Heights Shopping Center.
This agreement is in regard to sewer service for an area
which has been annexed to the City and receives sewer service from
the County District.
The City has budgeted funds for construction of a pump
station and force main to connect this area to City sewer, but in
f
Bakersfield, California, March 1, 1978 - Page 7
reevaluating the District's sewer service charge and in further
negotiation with the District, the City was able to obtain an
annual service charge equivalent to 60% of the District's ad valorem
tax rate times the assessed valuation of the annexed area.
This charge is more economical than the expenditure of
$96,000 to connect to the City facilities. Therefore, the staff
recommends approval of the agreement.
Upon a motion by Councilman Rogers, Sewer Service Agreement
between City and Panorama County Sanitation District, to serve
College Heights Shopping Center, was approved and the Mayor authorized
to execute the Agreement.
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Ratty, the meeting was adjourned at
10:10 P. M.
MAYOK o City of Bakersfield,
California
ATTEST:
CITY CLE ,RWand Ex cio Jerk of the Council
of the City of BakersfieYd, California
mp
497
Bakersfield, California, March 8, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., March 8, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald A.
Rogers.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Ratty, Rogers, Sceales, Strong,
Barton, Christensen, Medders
Absent: None
Minutes of the regular meeting of March 1, 1978 were
approved as presented.
Scheduled Public Statements.
Mr. Bob Karpe, 221 South Garnsey, read the following
letter into the record:
March 8, 1978
City Council
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Gentlemen:
I recently read an article in The Bakersfield
Californian regarding the amount of City Manager
Harold Bergen's salary, and the renewing of his
contract. I have not been aware of this type of
discussion in prior years.
As a citizen of Bakersfield, I have had the
feeling that our City, including its Govern-
ment, was the best, with honesty and efficiency
among the many fine attributes of the Council
and management.
I suppose our City has made some mistakes over
the years, and Harold Bergen, Manager, as the
man in charge of carrying out Council policy
would have to take final responsibility for
those mistakes. It has been my experience
that he is a big enough man to say, "I've made
a mistake ", and change.
He does make decisions, and to his credit are
the multitude of good decisions and sound
management which have so benefited the citizens,
employees and taxpayers of the City of Bakers-
field for many years. For example, the decision
to acquire Kern River Water Rights at a cost of
$17,000,000, more or less, will be a great asset
for the next hundred years.
two
Bakersfield, California, March 8, 1978 - Page 2
During my term as California Real Estate Com-
missioner I dealt with many cities, some of
which could not make decisions, and called
Harold Bergen for advice. I got good advice.
Our Council has provided our City with excellent
administration of its policies. I urge it to
continue.
Sincerely,
ROBERT W. KARPE
Correspondence.
Upon a motion by Councilman Medders, communications from
Warner Cable of Kern County; (1) dated March 3, 1978, giving notice
of intention to raise rates in the incorporated area of the City;
and (2) dated March 7, 1978, submitting additional information to
their letter of March 3, 1978, were received and ordered placed on
file.
Upon a motion by Councilman Sceales, communication from
Ralph and Betty F. Williams, 2901 Sunflower Way, dated March 8,
1978, regarding Wible No. 2 Annexation, was received and referred
to staff for report.
Council Statements.
Councilman Barton stated that he appreciated Mr. Karpe's
attendance tonight; and in the hope that it might clear the air,
made the following statement regarding the events of last week's
Council Meeting concerning his request for information from staff
and his wish to make the Council aware of the Manager's contract:
"It was done so in the total belief that as a
Councilman I have the right to do so. The
belief that I have the right to obtain infor-
mation concerning the City's business from
staff and to bring any City business that I
think is germane to our jobs to the Council's
attention. Any interpretation, any specu-
lation, is unfortunate and not only any other
interpretation of what I just said is not
only unfortunate, is not factual.
In conclusion, Mr. Mayor and my fellow members
of the Council, it is my hope that we, in the
future, can conduct our City business with
decorum and with each one of us able to
respond to issues that come before us as
responsible elected members representing our
constituents."
E
Bakersfield, California, March 8, 1978 - Page 3
Councilman Strong stated that he was also impressed with
Mr. Karpe's statement and has the highest respect and admiration
for him. It is somewhat unfortunate that so many citizens of this
community may have misconstrued some behavior on the part of some
Councilmen at last week's meeting. He fully recognizes the right
of the City Manager to have all facets of his contract discussed
in private and he would not want to usurp any of those rights. It
should be clarified that the thing that triggered last week's
response, on the part of some Councilmen and himself, is the fact
that when a Councilman asks for certain information, that he is
entitled to, it should be provided. It is his opinion that it was
not done in the spirit in which the request was made.
Councilman Strong further stated that perhaps some people
in the audience and other members of the Council are prepared to
discuss the Manager's contract tonight, but he is still of the
firm opinion that the motion made by Councilman Barton at last
week's meeting was a proper motion. The wording was recorded
verbatim in the minutes (page 2) giving each Councilman the
opportunity to peruse, analyze and digest it. He stated he is
not prepared, tonight, to go to star chamber and discuss the
Manager's salary or contract.
Councilman Strong again made the motion (made by Council-
man Barton at the meeting of March 1, 1978) that a written notice
be prepared and signed by the Mayor and given to the Manager which
shall provide for a reasonable time after March 15, 1978 to review
the Manager's contract with the idea of extending the contract for
another four years, but that during the review period and prior to
an extension of the contract that the provisions contained in the
present contract shall not be effective beyond March 15, 1979
without further formal action by this Council.
Councilman Medders stated that the last time this motion
was made the contention of legal counsel was that this was an
illegal motion.
500
Bakersfield, California, March 8, 1978 - Page 4
Councilman Strong's motion failed to carry by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen
Noes: Councilmen Ratty, Rogers, Sceales, Medders
Absent: None
Councilman Rogers, in clarifying his negative vote,
stated that inasmuch as there is a question about the legality
of the motion he would vote no.
Councilman Christensen, in clarifying his vote in favor
of the motion, stated that actually all he is doing is protecting
the Council's right to review the contract and he thought that was
paramount.
Councilman Christensen read a letter into the record from
Mr. Clayton Rippey, dated February 23, 1978, that was received and
placed on file at the Council Meeting of March 1, 1978, as follows:
February 23, 1978
Hon. Donald Hart
Mayor
City of Bakersfield
and members of the City Council
Dear Don;
Because of time, many of us who were present
on Wed. 22 were there as non -vocal supporters
of the proposals made by the Bakersfield Art
Association and the Art Commission. I would
like to follow my support however with this
letter for consideration by you and members of
the Council. I wish to call your attention to
three points:
One: Since records have been kept on such
matters, it has been amply proven that wise
art investments hold their own, and quite
often exceed those of blue chip stocks, real
estate, gold and diamond futures, etc. Even
small ventures can work out well. A painting
which I purchased 20 years ago has shown an
appreciation in value of nearly 4000 %. For an
investment of space, the Association and City
in turn will receive a fine collection.
Two: Several years ago a man named Jean'
Pierre Hallet tried to start a wild animal
preserve here - - -to be called "Congoland ".
He was defeated in his bid for approval.
0U;
Bakersfield, California, March 8, 1978 - Page 5
Since then the idea has succeeded in other
parts of the country and in addition to the
educational and tourism successes, these
parks are now providing the added benefit and
best hope in becoming preserves for the sal-
vation of endangered species. The disappointed
Mr. Hallet sold off part of a collection of
African Artifacts in order to meet his expenses.
I have been privileged to view the Museum of
The Belgian Congo, located a few miles outside
Brussels. The difference between the collection
owned by Mr. Hallet and that of Belgium is more
one of quantity rather than quality, for Mr.
Hallet was a very astute collector. After his
defeat, we were offered still another golden
opportunity - - -we could have had his collection
if provisions were made for permanent housing.
We didn't have it, and we didn't provide it!
As a result this now priceless collection is
in the possession of U.C.L.A. I submit that
today's opportunity is somewhat of a parallel
to yesterday's.
Three: Above and beyond an investment in Art,
Culture and Education, you will be investing
in people. A person can offer expertise, can
give money, can lend a good name in support,
or valuable possessions. But the most precious
of donations to a community is that priceless
commodity called "Time ". As a member of the
Association for 28 years, I can attest to the
generosity in time, in the form of exhibits,
lectures, workshops, demonstrations, programs
for youth, and the general promotion of culture
and education which the Art Association repre -.
sents. An investment in this kind of civic
loyalty cannot help but be returned to the
area in hundredfold terms.
Regards,
CLAYTON RIPPEY
Councilman Christensen stated that he hopes the news
media would give that letter adequate coverage.
Councilman Christensen made a motion that the staff be
directed to develop a financial contingency plan based upon the
assumption that the Jarvis -Ganns Initiative Measure may pass in
June and that possible areas be pointed out that satisfactorily
deal with solving this problem.
City Manager Bergen stated that the staff is very much
aware of this and he has suggested to Councilman Medders that a
Budget Review and Finance Committee meeting be held and this could
be formally presented. Mr. Bergen stated he would like to recommend
Bakersfield, California, March 8, 1978 - Page 6
that the budget be submitted to the Council prior to the first of
June and hearings be held the latter part of May.
City Manager Bergen then read an internal memorandum
sent to Department Heads, dated March 6, 1978, requesting that
they review their departmental operations in light of the possi-
bility of the passage of the Jarvis -Ganns Amendment in June.
Department Heads were directed to determine what services could
be reduced or eliminated.
Councilman Sceales offered a substitute motion, in
conjunction with Councilman Christensen's motion, that budget
hearings be held prior to June.
Councilman Rogers stated that it appears that the staff
is already doing what Mr. Christensen's motion requested, and in
regards to the substitute motion he would rather wait and look at
the report submitted by the staff because it may be apparent, at
that time, that the impact is not going to be so great that it
will be necessary to have the budget hearings ahead of schedule.
City Manager Bergen stated that the staff would prefer
that this go to the Budget Review and Finance Committee and they
could come back to the Council with specific recommendations.
Mr. Bergen also stated that the City has meet and confer
sessions with the Employee Associations; and also there are
different sections of the budget, such as (1) Salaries, (2)
Operational and (3) Capital Improvements, and the Council should
not tie themselves down to having all the hearings before the
first of June. It was the intent to recommend that the Operational
and Capital Outlay budgets be heard prior to June 1st and later the
Council determine when hearings would be held on salaries and
supplemental fringe benefits.
Councilman Sceales substitute motion that budget hearings
be held prior to June and incorporating Councilman Christensen's
motion that the staff be directed to develop a financal contingency
OUj
Bakersfield, California, March 8, 1978 - Page 7
plan based upon the assumption that the Jarvis -Ganns Initiative
Measure may pass in June and that possible areas be pointed out
that satisfactorily deal with solving this problem, failed to
carry by the following roll call vote:
Ayes: Councilman Sceales
Noes: Councilmen Ratty, Rogers, Strong, Barton, Christensen,
Medders
Absent: None
Councilman Rogers, in clarifying his negative vote, stated
that he would like to see this go to the Budget Review and Finance
Committee and then come back to the Council.
Councilman Strong, in clarifying his negative vote, stated
that the appendage Councilman Sceales added changes the motion.
Councilman Christensen, in clarifying his negative vote,
stated that if it was his original motion he would vote yes, but
with the appendage added on and the interpretation given by Mr.
Bergen he would vote no.
Councilman Rogers made a motion that the matter of the
effect of the Jarvis -Ganns Amendment and setting of budget hearings
be referred to the Budget Review and Finance Committee for study
and report back to the Council. This motion carried by the
following roll call vote:
Ayes: Councilmen Ratty, Rogers, Strong, Barton, Christensen,
Medders
Noes: None
Absent: Councilman Sceales
City Manager Bergen requested an Executive Session with
the City Council to discuss his contract.
Upon a motion by Councilman Medders, the Council recessed
to an Executive Session to discuss the City Manager's contract at
8:45 P.M. The Council reconvened at 9:10 P.M.
Reports.
Assistant City Manager Kelmar presented an oral Report
k- ) u
Bakersfield, California, March 8, 1978 - Page 8
No. 2 -78 from the Budget Review and Finance Committee regarding
Liability Insurance, as follows:
A few weeks ago the City was notified by our
present agent, Walter Mortensen Associates,
that Industrial Indemnity Insurance Company,
who is carrying the City's liability insurance,
will not renew the policy in July.
Recognizing the difficulties most municipalities
are having locating liability insurance coverage
and the fact that it is necessary for the City
to move into some type of self - insured program,
similar to our current worker's compensation,
it was decided that it is imperative that work
be started, as soon as possible, trying to
locate insurance coverage. As a result, the
staff called various cities trying to deter-
mine other sources of insurance. As a result
of these discussions the staff talked to three
agents:
Marsh & McLennan Incorporated.
2. Cal Surance Associates.
3. Walter Mortensen Associates.
Due to the problems that exist in the municipal
insurance market today, bidding is not a
generally accepted way of obtaining insurance.
The method currently used is to obtain a Broker
or Agent and have them try to locate insurance.
Along with that, and the fact there are limited
companies that will carry municipalities, these
companies do not want to have to deal with many
different agents for the same entity. As a
result these insurance companies are asking
that these Agents obtain a letter from the
muncipality designating them as "Broker of
Record." This means that this particular
Agent is the only one that can deal with that
particular insurance company.
Each of the three above companies submitted a
list of insurance companies for which they
desired to be designated as "Brokers of Record."
However, Walter Mortensen and Marsh & McClennan
each submitted the name of Admiral Insurance
Company. As a result, the Budget Review and
Finance Committee met and discussed the subject
and it was their feeling that Walter Mortensen
Associates should be granted the right to
negotiate for the City with Admiral Insurance
Company, on the basis of the fact that they
are the current agent for the City and also
that they do have a large local office and
can probably provide better service.
It will be necessary for the Council to grant
the three Agents to be "Brokers of Record" for
D
Bakersfield, California, March 8, 1978 - Page 9
the particular companies that they have
requested and authorize the City Manager to
sign a letter naming them "Brokers of Record"
and an application that may be required.
Councilman Medders made a motion that the City Manager
be authorized to sign letters naming Marsh & McLennan Incorporated,
Cal Surance Associates and Walter Mortensen Associates as "Brokers
of Record, "for the designated insurance companies, to obtain
liability insurance for the City of Bakersfield.
Councilman Christensen made a substitute motion that
Councilman Medders' motion be written out and placed in the Council
packets so it could be acted upon next week.
After discussion, Councilman Christensen withdrew his
substitute motion.
Councilman Medders' motion that the City Manager be
authorized to sign letters naming Marsh & McLennan Incorporated,
Cal Surance Associates and Walter Mortensen Associates as "Brokers
of Record," for the designated insurance companies, to obtain
liability insurance for the City of Bakersfield, was approved by
the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3667 to 3773,
inclusive, in the amount of $101,778.67.
(b) Claim for Damages from the County of Kern,
Administrative Office. (Refer to City
Attorney)
(c) Improvement Agreement for Parcel Map No.
4612 with St. Clair Investments as
required by the Planning Commission.
(d) Notice of Completion and Acceptance of
Work for Traffic Signal Systems and
Street Improvements at various locations -
Contract No. 77 -91 with Galland Electric
Company.
vv10
Bakersfield, California, March 8, 1978 - Page 10
(e) Application for Encroachment Permit from
Allean Scobey, 209 "T" Street, Bakersfield,
for construction of brick fence at a
maximum height of 4 feet, to be placed
approximately 5 feet from face of curb
at back of sidewalk area at 209 "T" Street.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d) and (e) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Ratty, low bid of Valley
Tree and Construction for demolition and removal of structures,
Phase I, located at 1517 - 29th Street, 809 Lakeview Avenue, 930
"L" Street and 719 Olive Street, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Deferred Business.
Adoption of Resolution No. 22 -78 of
the Council of the City of Bakers-
field approving Application for
Preliminary Loan for Low -Rent Housing.
Upon a motion by Councilman Strong, Resolution No. 22 -78
of the Council of the City of Bakersfield approving Application
for Preliminary Loan for Low -Rent Public Housing, was adopted by
the following roll call vote:
Ayes: Councilmen Ratty, Sceales, Strong, Barton, Christensen,
Medders
Noes: Councilman Rogers
Absent: None
New Business.
Approval of request from Micon for
partial payment for work completed
as of February 25, 1978.
Upon a motion by Councilman Ratty, request from Micon
for partial payment for work completed on construction of storm
b
Bakersfield, California, March 8, 1978 - Page 11
drain in "N" Street between 4th Street and California Avenue as
of February 25, 1978, was approved.
Approval of Program Supplement No. 3
to Local Agency -State Master Agree-
ment for Railroad Crossing Protection
at Beale Avenue and Atchison, Topeka
& Santa Fe Railroad.
Upon a motion by Councilman Strong, Program Supplement
No. 3 to Local Agency -State Master Agreement for Railroad Crossing
Protection at Beale Avenue and Atchison, Topeka & Santa Fe Railroad,
was approved and the Mayor was authorized to execute same.
Approval of Cooperative Agreement
between the City and County of Kern.
Upon a motion by Councilman Christensen, Cooperative
Agreement between the City and County of Kern for modification of
traffic signals and street lighting at the intersection of Bernard
Street and Alta Vista Drive, was approved and the Mayor was authorized
to execute same.
Deferral of action on Application by
Motel 6 to install a sign 60 feet in
height at 350 Oak Street.
This sign would be 14 feet wide and 17'6" high, double
faced with interior lighting. This is a C -2 -D zone and within the
Freeway influence area.
Pursuant to Section 13.40.080 of the Municipal Code no
permit for a sign exceeding fifty feet from grade level shall be
issued without prior approval of the City Council.
After discussion, upon a motion by Councilman Ratty,
application by Motel 6 to install a sign 60 feet in height at 350
Oak Street, was deferred until next week in order to otain more
detailed information on the request.
Hearings.
Upon a motion by Councilman Rogers, continued public
hearing before the Council on application by William H. Rogers to
amend the zoning boundaries from an R -1 (One Family Dwelling) Zone
to an R -2 -D (Limited Multiple Family Dwelling - Architectural
)U-
Bakersfield, California, March 8, 1978 - Page 12
Design), or more restrictive, Zone, affecting those certain
properties in the City of Bakersfield located south of Highway
178 and east of the Bakersfield Country Club, was continued until
Wednesday, March 22, 1978.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 9:35 P.M.
M o t e City of Bakersfield, Calif.
ATTEST:
'E-I-TYIeLERK and Officio Clerk of the Council
-
of the City of kersfield, California
ma
1
Bakersfield, California, March 15, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., March 15, 1978.
The meeting was called to order by Vice -Mayor Medders
followed by the Pledge of Allegiance and Invocation by Mr. Stephen
Austin member of the High Council of the Church of Jesus Christ of
Latter -Day Saints.
The City Clerk called the roll as follows:
Present. Mayor Hart. Councilmen Rogers, Sceales, Strong,
Christensen, Medders, Ratty
Absent: Councilman Barton
Minutes of the regular meeting of March 8, 1978 were
approved as presented.
PRESENTATION OF RETIREMENT PLAQUE
Mayor Hart presented a retirement plaque to Mr. Onil
Gregoire, who completed 21 years of service with the Public Works
Department of the City of Bakersfield, effective March 12, 1978.
SCHEDULED PUBLIC STATEMENTS
Mr. William J. Brady, 918 Truxtun Avenue, stated he has
come before the Council numerous times in the last three months
to ask questions regarding the proposed hotel complex and did not
feel he has received very many answers. Mr. Brady then introduced
Mr. Dennis Beaver.
Mr. Dennis Beaver, Attorney, asked several questions
regarding the feasibility of the proposed hotel complex, especially
in light of the proposed Jarvis Amendment.
Mr. Eugene Jacobs, Special Counsel for the Redevelopment
Agency, answered Mr. Beaver's questions.
CORRESPONDENCE
Upon a motion by Councilman Sceales, communication from
Edna L. Soloman, 1301 New Stine Road, No. 909, dated March 9, 1978,
regarding steps at the Civic Auditorium, was received and the staff
directed to evaluate and take whatever action necessary.
X
Bakersfield, California, March 15, 1978 - Page 2
Upon a motion by Councilman Medders, communication from
Mary Ann Rohde, 4308 Alexander Street, dated March 7, 1978,
requesting abandonment of a portion of "P" Street between 25th
Street and Freeway 178, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Rogers, communication from
Doctors' Management Co., Inc., dated March 11, 1978, requesting
to be heard in regards to the adoption of Resolution of Necessity
for condemnation of their property located at Auburn Street and
Fairfax Road, was received and ordered placed on file.
Upon a motion by Councilman Medders, communication from
the Kern County Assessor, dated March 13, 1978, submitting calcu-
lated cancellation fee regarding condemnation of property for
Fairfax Road, was received and ordered placed on file.
COUNCIL STATEMENTS
Councilman Rogers stated the City Manager's contract has
been under discussion for several weeks and no one on the Council
has proposed any revisions. In order to make it clear that the
Council is satisfied with the terms and conditions of that
contract, he would make a motion to accept the City Manager's
Contract No. 74 -68, without revision.
Councilman Strong questioned the City Attorney regarding
the last day to give written notice to review the contract.
City Attorney Hoagland stated that the contract expires
midnight March 15, 1979, unless notice is given. Notice must be
given twelve months prior to that time, which would be before
midnight March 15, 1978.
During discussion, Councilman Strong stated that he
feels the motion is redundant, after the fact and he can see no
purpose to it.
Councilman Rogers stated that there has been a lot of
discussion in the Council Chambers and by people in the community,
3
Bakersfield, California, March 15, 1978 - Page 3
and the purpose of the motion is to make it very clear that this
Council votes to accept the City Manager's contract without
revision.
Councilman Strong stated that by not voting to review
the contract, that is what the Council indeed did. If there is
any doubt in Councilman Rogers' mind, then he should vote by
himself.
Councilman Rogers stated that on March 1st Councilman
Barton made a motion to review the Manager's contract on March
8th. That motion carried unanimously. The contract was reviewed
on March 8th in Executive Session and Councilman Strong was there.
It has been reviewed.
Councilman Christensen stated, in his opinion, that the
remarks and motion made by the Councilman of the 3rd Ward are not
only obsolete, but the vote is already a matter of record. It
was 4 to 3. It is not only obsolete, it is infantile and unnecessary.
Councilman Christensen then quoted from the minutes of the meeting
of March 8th, as follows:
"Councilman Christensen, in clarifying his vote
in favor of the motion, stated that actually
all he is doing is protecting the Council's
right to review the contract and he thought
that was paramount."
Councilman Christensen further stated that he still feels
it is paramount and will not vote on anything unless he has a right
to discuss it.
Councilman Rogers' motion that the Council accept the
City Manager's Contract No. 74 -68, without revision, carried by
the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Medders, Ratty
Noes: None
Absent: Councilman Barton
Pass: Councilmen Strong, Christensen
N
Bakersfield, California, March 15, 1978 - Page 4
Councilman Strong, in passing his vote, stated that he
would like the minutes to reflect his vote of March 8, 1978,
because the reasons are set forth in that motion.
The motion and vote from the minutes of March 8, 1978,
are as follows:
"Councilman Strong again made the motion (made
by Councilman Barton at the meeting of March 1,
1978) that a written notice be prepared and
signed by the Mayor and given to the Manager
which shall provide for a reasonable time after
March 15, 1978 to review the Manager's contract
with the idea of extending the contract for
another four years, but that during the review
period and prior to an extension of the contract
that the provisions contained in the present
contract shall not be effective beyond March
15, 1979 without further formal action by this
Council.
Councilman Strong's motion failed to carry by
the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen
Noes: Councilmen Ratty, Rogers, Sceales,
Medders
Absent: None"
Councilman Christensen, in passing his vote, stated that
he would like the minutes to reflect exactly what he said a moment
ago, in detail.
Mayor Hart, after the roll call vote, asked if Council-
man Strong would care to vote and he indicated that he would not.
REPORTS
Mr. Eugene Jacobs, Special Counsel for the Redevelopment
Agency, stated that Mr. Robert Schwartz was present to make a
status report on the proposed hotel complex.
Mr. Robert Schwartz, President of Metro Plaza, Inc. and
Co- Venture Shareholder for the project known as Metro Plaza Hotel,
stated he was here tonight to present a report to the Council
relating to the hotel. He discussed a report that was prepared by
Laventhol & Horwath, C.P.A.'s, known in the United States as one
of the two leading feasibility study companies, especially in the
Bakersfield, California, March 15, 1978 - Page 5 5
realm of hotels. Mr. Schwartz then outlined the projections and
findings contained in the report,and also discussed schematic
plans and conceptual drawings relative to the hotel.
Mr. Schwartz further stated that with this report, which
the lenders and hotel management companies demanded, they are
prepared to go forth. First to secure their management and then
the financial package will be complete and go forth to their
lenders. There are strong indications that the project will be
well received by the major lenders and the necessary permanent
commitment will be received in time for the July 24th deadline,
which is the date they have to provide the Agency with proof of
permanent loan.
Bakersfield Fire Department Annual
Report for 1977.
Councilman Rogers questioned Fire Chief Needham about
several items contained in the report.
Councilman Rogers stated in totaling up the entire
budget for the Fire Department he came up with a figure of
$4,500,000.00 annually. In light of the possibility that the
City may have to start tightening their belt, for various reasons,
he asked in what ways the Fire Department budget could be trimmed.
Fire Chief Needham stated after a P.T.I. study, a tough
decision was made to relocate one fire station and abandon another,
and for several reasons that did not pan out at that particular
time. However, at some point in time, in the future, this will
have to be looked at again and possibly seek further study on it.
Fire station locations will have to be studied and pursued in
more depth. The Fire Department uses modern equipment to make
sure of getting the maximum out of personnel so that it higher
level of manning equipment is not necessary to suppress fires.
The City and County Fire Departments have started a study as to
what can be done to give the taxpayers adequate fire protection
for less money. There are quite a few problems as far as location
T
Bakersfield, California, March 15, 1978 - Page 6
of fire stations are concerned. In some areas there aren't any
stations and in other areas they are stacked on top of one another.
In June or July, with regards to the Jarvis Amendment, positive
statements will be coming out, hopefully, that will help resolve
this problem.
If the Jarvis Amendment passes all City Councils in the
State of California are going to be in a position where they have
to make some very tough decisions. The study being conducted by
the City and County will have to go a lot deeper.
Upon a motion by Councilman Rogers, Bakersfield Fire
Department Annual Report for 1977, was received and ordered placed
on file.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3774 to 3909,
inclusive, in the amount of $686,341.00.
(b) Map of Tract No. 3892 "B" and Improvement
Agreement for construction of improvements
therein - located southeast of Freeway 178
and Oswell Street.
(c) Map of Tract No. 3892 "F" and Improvement
Agreement for construction of improvements
therein - located southeast of Freeway 178
and Oswell Street.
(d) Notice of Completion and Acceptance of
Work under Parcel Map No. 4070, located
at the southeast corner of Ashe Road and
Ming Avenue with Tenneco Realty Develop-
ment Corporation.
(e) Resolution of Intention No. 930 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of the Alley in Block 355,
between "H" and Eye Streets, north of
14th Street, in the City of Bakersfield
and setting Wednesday, April 12, 1978
for hearing on the matter before the
Council.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d) and (e) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
7
Bakersfield, California, March 15, 1978 - Page 7
ACTION ON BIDS
Upon a motion by Councilman Sceales, low bids of Target
Chemical for 3 items, Kitten & Bear Chemical for 2 items, L. A.
Chemical for 3 items and Abate -A -Weed for 1 item for Chemicals
for the Parks Department, were accepted and all other bids rejected.
Amend Council action of January
25, 1978, by accepting low bid of
Granite Construction Company to in-
clude Alternates 2, 3 and 4 for
construction of Storm Drains in "V"
Street between 2nd Street and 4th
Street and 4th Street between "T"
Street and "V" Street, E.D.A. Project,
Phase II.
On January 25, 1978, the Council awarded a project for
Storm Drains in Hayes Street between Brundage Lane and 3rd Street
and in 2nd Street between "T" Street and "V" Street to Granite
Construction Company. Due to insufficient funds, alternate bids
for Storm Drains in "V" Street between 2nd Street and 4th Street
and 4th Street between "T" Street and "V" Street were rejected.
The Economic Development Administration has given its
approval to use funds, originally approved for the Fire Station
Project, on the Storm Drain Project. Granite Construction Company
has agreed to accept award of the alternates which were previously
rejected.
Upon a motion by Councilman Strong, Council action of
January 25, 1978 accepting low bid of Granite Construction Company
for construction of Storm Drains in Hayes Street between Brundage
Lane and 3rd Street and in 2nd Street between "T" Street and "V"
Street, was amended to include Alternates 2, 3 and 4 (construction
of Storm Drains in "V" Street between 2nd Street and 4th Street
and 4th Street between "T" Street and "V" Street), E.D.A. Project,
Phase II and the Mayor was authorized to execute the amended
contract.
DEFERRED BUSINESS
Approval of request for approval of
application from Motel 6 to install
a sign 60 feet in height at 350 Oak
Street.
i0
•
Bakersfield, California, March 15, 1978 - Page 8
This sign would be 14 feet wide and 1716" high, double
faced with interior lighting. This is a C -2 -D zone and within
the Freeway influence area.
Pursuant to Section 13.40.080 of the Municipal Code no
permit for a sign exceeding fifty feet from grade level shall be
issued without prior approval of the City Council.
Action on this item was held over from the Council
Meeting of March 8, 1978, in order to obtain more detailed infor-
mation.
Councilman Ratty stated that he would like to hold this
item over until he has had an opportunity to discuss the criteria
for the freeway corridor with Dave Cartnal.
Councilman Rogers stated that he served on the Sign
Ordinance Committee and it was recognized that the freeway corridor
is a special situation. There are many signs already there that
are in excess of fifty feet, approved after the Sign Ordinance
became effective. He stated he did not feel it was fair to single
out this particular business because it would not be consistent
with the prior Council actions.
Upon a motion by Councilman Rogers, request for approval
of application from Motel 6 to install a sign 60 feet in height at
350 Oak Street, was approved. Councilman Ratty voted in the
negative on this motion.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
providing for the defense of Civil
Actions and Proceedings by adding
Section 3.14.320 to Chapter 3.14 of
the Municipal Code.
Within the limitations of State law this ordinance pro-
vides for the defense of employees and officers involved in civil
actions or proceedings arising out of the course and scope of
their duties.
41
Bakersfield, California, March 15, 1978 - Page 9
First reading was considered given an Ordinance of the
Council of the City of Bakersfield providing for the defense of
Civil Actions and Proceedings by adding Section 3.14.320 to Chapter
3.14 of the Municipal Code.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 12.16.100 of Chapter
12.16 of the Municipal Code of the
City of Bakersfield increasing the
deposit required before opening
streets.
This ordinance updates the fees required before excavating
in streets within the City of Bakersfield. The fee has not been
increased since the requirement was adopted in 1929.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 12.16.100 of
Chapter 12.16 of the Municipal Code of the City of Bakersfield
increasing the deposit required before opening streets.
First reading of an Ordinance
amending Title Seventeen of the
Municipal Code of the City of Bakers-
field by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 4004 White Lane.
The application for this amendment was made by Faith
Tabernacle- Pastor John P. Howell and would change subject property
from an R -1 (One Family Dwelling) Zone to an R -1 -CH (One Family
Dwelling - Church) Zone.
The Planning Commission approved the Negative Declaration
(advertised and posted on December 22, 1977), found the proposed
zoning consistent with the General Plan and recommended approval
by the City Council pursuant to provisions of Section 17.52.200
of the Municipal Code, subject to the following conditions:
1. Install curb, gutter, sidewalk and 18 feet
of pavement along Akers Road (approximately
375 feet), or contract to construct same
prior to adoption of the ordinance amending
said zoning boundaries by the City Council.
2. Offer of dedication to the City of Bakers-
field by owner of 14 feet of real property
along the north property line for future
extension of Alum Avenue.
10
Bakersfield, California, March 15, 1978 - Page 10
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 4004 White Lane.
First reading of an Ordinance amending
Title Seventeen of the Municipal Code
of the City of Bakersfield by changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located on the northwest corner of
South Chester Avenue and Village Drive.
This amendment would change the zoning from an R -2 -D
(Limited Multiple Family Dwelling - Architectural Design) Zone to
an MH ( Mobilehome) Zone. The request by Mr. Jim D. Weaver for
changing the zoning of this .18 acre parcel located within a walled
mobilehome subdivision would be consistent with the Land Use
Element of the General Plan. Staff made an environmental assess-
ment and determined the project would not have a significant
adverse effect on the environment. A Negative Declaration was
advertised and posted on February 10, 1978.
The Planning Commission held a public hearing on the
application, approved the Negative Declaration, found the zoning
would be consistent with the General Plan and recommended adoption
of the ordinance by the City Council.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the northwest corner of South Chester
Avenue and Village Drive.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding property known as Wible
No. 2 Annexation.
This ordinance would zone upon annexation subject
property known as Wible No. 2 Annexation to an "A" (Agricultural),
11
Bakersfield, California, March 15, 1978 - Page 11
to an R -1 (One Family Dwelling), to an R -1 -CH (One Family Dwelling -
Church), to an MH (Mobilehome), to a C -2 -D (Commercial - Archi-
tectural Design), to an M -1 (Light Manufacturing) and to an M -2
(General Manufacturing) Zones.
On June 20, 1977, the City Council approved and certified
Resolution No. 48 -77 covering the EIR on the proposed annexation.
The proposed zoning of the 682.91 acres is similar to
that in the County and basically conforms with the zoning as out-
lined in the EIR.
The Planning Commission found the proposed zoning upon
annexation would not have a significant adverse effect on the
environment, consistent with the General Plan and recommended
adoption of the ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding property known as Wible No. 2 Annexation.
Adoption of Resolution No. 23 -78 of
the Council of the City of Bakers-
field approving the destruction of
certain obsolete City records, docu-
ments, instruments, books and papers,
pursuant to Section 34090 et seq. of
the Government Code of the State of
California.
This resolution authorizes the Police Department to
destroy certain records of the Board of Charity Solicitations in
accordance with the Government Code, approval of the City Attorney
and a resolution adopted by the City Council.
Upon a motion by Councilman Medders, Resolution No. 23 -78
of the Council of the City of Bakersfield approving the destriction
of certain obsolete City records, documents, instruments, books and
papers, pursuant to Section 34090 et seq. of the Government Code of
the State of California, was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
12
Bakersfield, California, March 15, 1978 - Page 12
Adoption of Resolution No. 24 -78 of
the Council of the City of Bakers-
field authorizing the filing of an
Application for Federal Assistance
under the Disaster Relief Act.
Kern County has been declared a disaster area as a result
of the rain storms of February 8 through 14, 1978, and the City of
Bakersfield is eligible for reimbursement of certain costs incurred
in fighting the storm and in the cleanup and repair of public
facilities damaged by the storm.
Upon a motion by Councilman Christensen, Resolution No.
24 -78 of the Council of the City of Bakersfield authorizing the
filing of an Application for Federal Assistance under the Disaster
Relief Act, was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
Adoption of Resolution No. 25 -78 of
the Council of the City of Bakers-
field declaring it has reviewed,
evaluated and considered the
information contained in the Final
EIR, making findings and certifying
that the Final EIR has been completed
in compliance with the California
Environmental Quality Act, the State
EIR Guidelines and City Resolution
No. 24 -77, Re Stockdale 10 Annexation,
General Plan Amendment and Zoning.
The Planning Commission reviewed the Final EIR on
Stockdale No. 10 Annexation and recommended by Resolution No. 7 -78
certification by the City Council.
Upon a motion by Councilman Sceales, Resolution No. 25 -78
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final
EIR, making findings and certifying that the Final EIR has been
completed in compliance with the California Environmental Quality
Act, the State EIR Guidelines and City Resolution No. 24 -77, Re
13
Bakersfield, California, March 15, 1978 - Page 13
Stockdale 10 Annexation, General Plan Amendment and Zoning, was
adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
Approval of Annexation boundaries
designated as Wible No. 3.
Upon a motion by Councilman Sceales, Annexation boundaries
designated as Wible No. 3, containing approximately one acre of
uninhabited territory, located northerly of Ming Avenue and Freeway
99 Interchange and lying on the east side of Wible Road, were
approved and referred to the City Engineer and City Attorney for
submittal to LAFCO.
HEARINGS
This is the time set for continued public hearing before
the Council in the matter of the proposed cancellation of Land Use
Contract with respect to part of land, under the Williamson Act,
and which land is located in the County of Kern Agricultural
Preserve Numbers 10 and 11.
This hearing has been duly advertised and the property
owners have been notified as required by law. This hearing was
continued at the meeting of February 22, 1978. The proposed
resolution would give tentative approval of the cancellation
which becomes final upon the recording of a certificate showing
cancellation fee has been paid.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Phil Rudnick, Attorney representing the applicants
Lowell L., Ray L. & Hale H. Costerisan, was present to answer
questions of the Council. No protests or objections being received,
the public portion of the hearing was closed for Council deliberation
and action.
14
Bakersfield, California, March 15, 1978 - Page 14
Upon a motion by Councilman Sceales, Resolution No. 26 -78
of the Council of the City of Bakersfield determining and certi-
fying to County of Kern Auditor - Controller amount of cancellation
fee landowners must pay County Treasurer as deferred taxes upon
cancellation of Land Use Contract as to portion of land, under
the Williamson Act, was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
Upon a motion by Councilman Sceales, Resolution No. 27 -78
of the Council of the City of Bakersfield determining petition for
cancellation of Land Use Contract under the Williamson Act as to
the described portion of land, was adopted by the following roll
call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
This is the time set for public hearing before the
Council in the matter of the proposed cancellation of Land Use
Contract with respect to part of land, under the Williamson Act,
located on both sides of White Lane, between Wible Road and Stine
Road.
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 cancella-
tion fee has been paid.
Mayor.Hart declared the hearing open for public partici-
pation. Mr. Phil Rudnick, Attorney representing the applicants
James, Frank & Tony Delfino, was present to answer questions of
the Council. No protests or objections being received, the public
15
Bakersfield, California, March 15, 1978 - Page 15
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Sceales, Resolution No. 28 -78
of the Council of the City of Bakersfield determining and certifying
to County of Kern Auditor - Controller amount of cancellation fee
landowner must pay County Treasurer as deferred taxes upon cancella-
tion of Land Use Contract under Williamson Act, was adopted by the
following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
Upon a motion by Councilman Sceales, Resolution No. 29 -78
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 Rogers, Sceales, Strong, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Barton
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:00 P. M.
MAY R f tliefCity of Bakersfield, Calif.
ATTEST:
CITY C K and Ex -Of icio Clerk of the Council
of the City of Bake field, California
ma
16
Bakersfield, California, March 22, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., March 22, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. William Davies
member of the High Council of the Church of Jesus Christ of Latter -
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Sceales, Strong, Barton,
Christensen, Medders, Ratty,
Rogers
Absent: None
Minutes of the regular meeting of March 15, 1978 were
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Sceales, communication from
Wasco Historical Society, dated March 14, 1978, encouraging the
Council to give serious consideration to relocating the Father
Garces Statue to a suitable site at the Kern County Museum, was
received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
Claude R. Blodget Real Estate, dated March 21, 1978, regarding
proposed lease of Air Rights over parking lots located on the
north side of Truxtun Avenue between "H" and Eye Streets and the
south side of 18th Street between "K" and "L" Streets, was
received and referred to the Redevelopment Agency for study and
recommendation.
Upon a motion by Councilman Rogers, communication from
Jeff Wattenbarger, President of Bakersfield 2000, dated March 16,
1978, requesting that each Councilman make their second appoint-
ment to the Bakersfield 2000 Committees, was received and ordered
placed on file.
17
Bakersfield, California, March 22, 1978 - Page 2
REPORTS
City Manager Bergen, in response to a petition presented
by Victor Lesseter at the Council Meeting of March 1, 1978 to keep
the Stockdale bike lane open and maintained, read memorandums from
Street Superintendent Richardson, dated March 13, 1978 and Director
of Public Works Hawley, dated March 21, 1978, regarding Maintenance
of Bike Lane on Stockdale Highway.
Upon a motion by Councilman Medders, memorandums from
Street Superintendent Richardson and Director of Public Works
Hawley regarding Maintenance of Bike Lane on Stockdale Highway,
were received and ordered placed on file.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3910 to 4018,
inclusive, in the amount of $227,858.17.
(b) Claim for Damages from Dean H. Albright,
1439 Calaveritas Road, Star Route 2, San
Andreas, California. (Refer to City
Attorney)
(c) Claim for Damages from The Ohio Casualty
Group of Insurance Companies on behalf
of Robert N. Arao, 3113 Erwin Street,
Bakersfield. (Refer to City Attorney)
(d) Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3878 - Contract No. 77 -93
with K. A. Shelton, Inc.
(e) Notice of Completion and Acceptance of
Work under Parcel Map No. 3925 - Contract
No. 77 -21 with H. E. & D. J. Aaron.
(f) Application for Encroachment Permit from
David L. Green, 4100 Perry Place, Bakers-
field, for construction of retaining wall
with 4 -foot fence on top along the Wendy
Avenue side of property adjacent to
existing sidewalk at northwest corner of
Wendy Avenue and Perry Place.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e) and (f) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
W61*
Bakersfield, California, March 22, 1978 - Page 3
ACTION ON BIDS
Upon a motion by Councilman Medders, two bids received
on Motor Grader were rejected and the Finance Director was
authorized to revise the specifications and rebid the equipment.
Upon a motion by Councilman Medders, low bid of McCarthy
Tank and Steel Co. for one 250 gallon and one 500 gallon Oil
Storage Tanks for New Corporation Yard, was accepted and the other
bid rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2401 New
Series of the Council of the City
of Bakersfield providing for the
defense of Civil Actions and Pro-
ceedings by adding Section 3.14.320
to Chapter 3.14 of the Municipal
Code.
Upon a motion by Councilman Sceales, Ordinance No. 2401
New Series of the Council of the City of Bakersfield providing for
the defense of Civil Actions and Proceedings by adding Section
3.14.320 to Chapter 3.14 of the Municipal Code, was adopted by the
following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Adoption of Ordinance No. 2402 New
Series of the Council of the City
of Bakersfield amending Section
12.16.100 of Chapter 12.16 of the
Municipal Code of the City of
Bakersfield increasing the deposit
required before opening streets.
Upon a motion by Councilman Sceales, Ordinance No. 2402
New Series of the Council of the City of Bakersfield amending
Section 12.16.100 of Chapter 12.16 of the Municipal Code of the
City of Bakersfield increasing the deposit required before opening
streets, was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
19
Bakersfield, California, March 22, 1978 - Page 4
Adoption of Ordinance No. 2403 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the northwest corner of South Chester
Avenue and Village Drive.
The application for this zone change was made by Jim D.
Weaver and would change subject property from an R -2 -D (Limited
Multiple Family Dwelling - Architectural Design) Zone to an MH
(Mobilehome) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2403 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the northwest corner of South Chester Avenue and Village Drive,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Meddders,
Ratty, Rogers
Noes: None
Absent: None
Adoption of Ordinance No. 2404 New
Series of the Council of the City
of Bakersfield amending Section
17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the
City of Bakersfield, regarding property
known as "Wible No. 2" Annexation.
This ordinance zones upon annexation property known as
"Wible No. 2" Annexation to an "A" (Agricultural), to an R -1 (One
Family Dwelling), to an R -1 -CH (One Family Dwelling - Church), to
an MH (Mobilehome), to a C -2 -D (Commercial - Architectural Design),
to an M -1 (Light Manufacturing) and to an M -2 (General Manufacturing)
Zones.
Upon a motion by Councilman Sceales, Negative Declaration
and Ordinance No. 2404 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning
20
Bakersfield, California, March 22, 1978 - Page 5
Map) of the Municipal Code of the City of Bakersfield, regarding
property known as "Wible No. 2" Annexation, finding said zonings
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
NEW BUSINESS
First reading and referral back to
the Planning Commission of an
Ordinance of the Council of the City
of Bakersfield amending Item (7) of
Section 17.56.020 of the Municipal
Code concerning provision for Guest
Parking.
Developers under existing law, may utilize the street
adjacent to multiple family structures to provide at least a
portion of required parking spaces for guests. The proposed
ordinance would require that all required parking spaces be pro-
vided off- street. The Planning Commission recommends adoption.
After discussion, upon a motion by Councilman Barton,
first reading was considered given an Ordinance of the Council of
the City of Bakersfield amending Item (7) of Section 17.56.020 of
the Municipal Code concerning provision for Guest Parking;and the
Ordinance was referred back to the Planning Commission for con-
sideration of the following:
1. Deletion of restriction for setback in
the parking areas only, and use that
space for guest parking which is now
being provided on the street.
2. Modification of percentage of on street
parking instead of totally deleting
that use.
Approval of Program Supplement No. 4
to Local Agency -State Agreement for
Federal Aid Urban Project on Chester
Avenue.
Upon a motion by Councilman Ratty, Program Supplement No.
4 to Local Agency -State Agreement for Federal Aid Urban Project on
21
Bakersfield, California, March 22, 1978 - Page 6
Chester Avenue between 24th Street and Garces Circle, was approved
and the Mayor was authorized to execute same.
HEARINGS
This is the time set for continued public hearing before
the Council on application by William H. Rogers to amend the zoning
boundaries from an R -1 (One Family Dwelling) Zone to an R -2 -D
(Limited Multiple Family Dwelling - Architectural Design), or more
restrictive, Zone, affecting those certain properties in the City
of Bakersfield located south of Highway 178 and east of the
Bakersfield Country Club.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. This hearing was continued at the meeting of March 8, 1978,
at the request of the applicant.
Subject property contains approximately 23 gross acres
of undeveloped land. Parcel is bounded on the north by State
Highway 178 and on the east by an 80 -foot tower line easement.
Access to the property will be from the proposed extension of
Fairfax Road. An environmental assessment was made and a Negative
Declaration was advertised and posted on November 4, 1977.
Several Commission members were of the opinion this
requested zone change was premature since only one street (Fairfax
Road, a proposed major highway), will serve the area and recommended
denial.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Steve Hair, the developer, stated he was present to
answer questions of the Council.
Councilman Rogers stated that when this project was first
proposed the Planning Commission was concerned because, at that
time, there were access problems to Highland High, Eissler and
Chipman school complex and they did not want further impact on
22
Bakersfield, California, March 22, 1978 - Page 7
that area. Since that time a deed has been signed and a letter
of escrow instructions received that will provide access into that
school complex area.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Hart closed the public portion of
the hearing for Council deliberation and action.
Upon a motion by Councilman Rogers, Negative Declaration
and Ordinance No. 2405 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
south of State Highway 178,and east of the Bakersfield Country
Club, finding said zoning consistent with the General Plan, were
adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
This is the time set for continued public hearing before
the Council for hearing protests by persons owning real property
within territory designated as "Union No. 7," proposed to be
annexed to the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. This hearing was continued at the Council Meeting of
December 14, 1977.
This is an uninhabited annexation containing 11.61+
acres of land located west of South Union Avenue between Pacheco
Road and Fairview Road. The requested zoning is inconsistent with
the Land Use Element of the General Plan and would require a change
in both the City and County General Plan. Therefore, the staff
recommends disapproval at this time.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
23
Bakersfield, California, March 22, 1978 - Page 8
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Barton, Resolution No. 30 -78
of the Council of the City of Bakersfield declaring that a majority
protest has not been made to the annexation of Union No. 7, proposed
to be annexed to the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Upon a motion by Councilman Barton, Ordinance No. 2406
New Series disapproving annexation of a parcel of uninhabited
territory to the City of Bakersfield, California, designated as
"Union No. 7," was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
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
Number 14.
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 cancella-
tion fee has been paid.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Alex Sarad, Consultant and Agent representing the
applicant Oildale Ready Mix, was present to answer questions of
the Council. No protests or objections being received, the public
24
Bakersfield, California, March 22, 1978 - Page 9
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Sceales, Resolution No. 31 -78
of the Council of the City of Bakersfield determining and certifying
to County of Kern Auditor - Controller amount of cancellation fee
landowner must pay County Treasurer as deferred taxes upon
cancellation of Land Use Contract under Williamson Act, was
adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Upon a motion by Councilman Sceales, Resolution No. 32 -78
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 Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Councilman Medders introduced former City of Arvin
Councilman Jack R. Nielsen, who was present in the audience.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 8:40 P.M.
MAYOR 'ot/tfie4lCity of Bakersfield, Calif.
ATTEST:
CITY OLLRK and Ex -Of icio Clerk of the Council
of the City of Baker field, California
ma
25
Bakersfield, California, March 29, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 29, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. Donald Minor
member of the High Council of the Church of Jesus Christ of Latter -
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Strong, Barton, Christensen,
Medders, Ratty, Rogers, Sceales
Absent: None
Minutes of the regular meeting of March 22, 1978 were
approved as presented.
COUNCIL STATEMENTS
Upon a motion by Councilman Strong, communication from
Hugh C. Mason, Occidental Exploration and Production Company,
dated February 9, 1978, commending Mr. Eddie Johnson of the Public
Works Department Sanitation Division for his honesty in returning
his daughter's wallet with all contents intact, was received,
ordered placed on file and the Mayor was requested to send a letter
of thanks, on behalf of the Council, to Mir. Johnson for his honesty.
City Manager Bergen stated that a copy of both letters
would be placed in Mr. Johnson's personnel file.
Councilman Ratty stated that this is Community Develop-
ment Director Richard Foster's last week with the City of
Bakersfield and commended him for doing a fine job and wished him
luck in the future.
REPORTS
City Manager Bergen stated that on March 8th the City
Council received a communication from Ralph and Betty Williams,
2901 Sunflower Way, regarding Wible No. 2 Annexation. The staff
met several times with Mr. & Mfrs. Williams and identified several
of their problems and resolved the ones they could. In addition
rpa
Bakersfield, California, March 29, 1978 - Page 2
the staff, by letter, provided them with information on how to
proceed if they desire to de- annex.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4019 to 4220,
inclusive, in the amount of $282,989.45.
(b) Grant Deed from the Redevelopment Agency
to the City of Bakersfield for under-
lying fee to Eye Street for that portion
adjoining the old Elks property.
(c) Notice of Completion and Acceptance of
Work under Parcel Map No. 3939 - Contract
No. 77 -22 with George Lewis Mahoney and
Betty Mahoney.
(d) Application for Encroachment Permit from
Charles W. Ruth, 1108 White Lane, Bakers-
field, for construction of planter boxes
32" to 42" high along back of sidewalk at
3601 Wilson Road.
(e) Resolution of Intention No. 931 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of a five -foot Public Utilities
Easement in Drake Street east of Block
469 -D and north of 24th Street, in the
City of Bakersfield, and setting
Wednesday, April 26, 1978 for hearing
on the matter before the Council.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d) and (e) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Medders, low bid of Halprin
Supply Co. for 2+J" Fire Hose, was accepted and all other bids
rejected.
Upon a motion by Councilman Medders, low bid of Jim
Alfter for construction of Curb and Gutter, Cross Gutters and
Wheelchair Ramps at various locations, was accepted, the other bid
rejected and the Mayor was authorized to execute the contract.
27
Bakersfield, California, March 29, 1978 - Page 3
DEFERRED BUSINESS
Adoption of Ordinance No. 2407 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 4004 White Lane.
The application for this zone change was made by Faith
Tabernacle - Pastor John P. Howell and would change subject property
from an R -1 (One Family Dwelling) Zone to an R -1 -CH (One Family
Dwelling - Church) Zone.
Upon a motion by Councilman Sceales, Negative Declaration
and Ordinance No. 2407 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 4004 White Lane, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 33 -78 of
the Council of the City of Bakers-
field designating Chief of the
Bakersfield Fire Department and his
authorized representatives as the
issuing authority within the City of
Bakersfield for Explosive Permits.
Presently there are no guidelines in the City of Bakers-
field for issuance of Explosive Permits as required by the State
Fire Marshal.
Upon a motion by Councilman Sceales, Resolution No. 33 -78
of the Council of the City of Bakersfield designating Chief of the
Bakersfield Fire Department and his authorized representatives as
the issuing authority within the City of Bakersfield for Explosive
Bakersfield, California, March 29, 1978 - Page 4
Permits, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
Adoption of Resolution No. 34 -78 of
the Council of the City of Bakers-
field authorizing filing of Appli-
cation and verifying that sufficient
funds are available and that all
other matters prerequisite to
awarding the contract for a Grade
Separation on Truxtun Avenue at the
Atchison, Topeka and Santa Fe Railway
Company track in the City of Bakers-
field will be undertaken.
This resolution is necessary to authorize the Public
Works Director to file an application with Caltrans for the
allocation of funds for the Truxtun Avenue /Santa Fe Railroad
Grade Separation and also verifies that the City has budgeted
funds for the 50% Local Share of the project which has an estimated
construction cost of $1,000,000.00.
Upon a motion by Councilman Ratty, Resolution No. 34 -78
of the Council of the City of Bakersfield authorizing filing of
Application and verifying that sufficient funds are available and
that all other matters prerequisite to awarding the contract for
a Grade Separation on Truxtun Avenue at the Atchison, Topeka and
Santa Fe Railway Company track in the City of Bakersfield will be
undertaken, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers,Sceales
Noes: None
Absent: None
Approval of Budget Transfer for
acquisition of right -of -way for
Fairfax Road and Acceptance of
Street Right -of -Way Deed from
Donald F. Williams, James A.
Brinton and Leroy W. Smith.
This deed provides the City with the necessary right-
of-way for Fairfax Road, 110' in width, between Auburn Street and
Route 178.
P7
Bakersfield, California, March 29, 1978 - Page 5
Funds are budgeted in the current fiscal year for con-
struction of this portion of Fairfax Road, but not for acquisition
of the right -of -way. The cost of the right -of -way is the same as
the appraised value, $9,222.
Sufficient funds are available from the Council Contingency
Account in the Gas Tax Fund for this acquisition.
Upon a motion by Councilman Rogers, Budget Transfer in
the amount of $9,222 from the Council Contingency Account in the
Gas Tax Fund for acquisition of right -of -way for Fairfax Road,
between Auburn Street and Route 178, was approved; and Street
Right -of -Way Deed from Donald F. Williams, James A. Brinton and
Leroy W. Smith providing right -of -way for Fairfax Road, was accepted.
Approval of Annexation boundaries
designated as Real No. 1.
Upon a motion by Councilman Medders, Annexation boundaries
designated as Real No. 1, containing 35.3+ acres of inhabited terri-
tory, located on the west side of Real Road between Chester Lane
and Greenleaf Court, and on the east side of Real Road between
Chester Lane and Palm Street, were approved and referred to the
City Engineer and City Attorney for submittal to LAFCO.
Approval of Annexation boundaries
designated as Real No. 2.
Upon a motion by Councilman Medders, Annexation boundaries
designated as Real No. 2, containing 1.7+ acres of inhabited terri-
tory, located on the west side of Real Road, approximately 600 feet
north of Stockdale Highway, were approved and referred to the City
Engineer and City Attorney for submittal to LAFCO.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, /he meeting was
adjourned at 8:15 P.M. '>
MA off the City of Bakersfield, Calif.
ATTEST:
CITY CLERK nd Ex fficio Clerk of the Council
of t e City of B ersfield, California
ma