HomeMy WebLinkAboutAPR - JUNE 1979Bakersfield, California, April 4, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., April 4, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Director of Public
Works Dale Hawley.
Present:
Absent:
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Means, Miller, Payne, Ratty,
Strong, Barton, Christensen
None
Minutes of the regular meeting of March 28,
approved as presented.
1979 were
adopt an
the City because many people are allergic to their sting.
City Attorney Hoagland stated that at the present time
an Animal Ordinance is being drafted and the matter of Beehives
has been discussed. Hopefully, in two weeks he will be able to
make a report on this matter.
Councilman Ratty stated an ordinance of this type should
be a coordinated effort between the City and County because of the
erratic boundaries of the City.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Carpenter, Kuhn & Williams, Certified Public Accountants, dated
March 22, 1979, requesting that they be considered for the annual
audit of the City of Bakersfield and Redevelopment Agency for
fiscal year ending June 30, 1979, was received and referred to the
Budget Review and Finance Committee for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Warner Cable Corporation, dated March 29, 1979, applying for
a franchise from the City of Bakersfield, was received and referred
SCHEDULED PUBLIC STATEMENTS
Inez Goodrich, 3518 Soranno Avenue, requested the Council
ordinance that would prohibit the keeping of Bees in
4'2
Bakersfield, California, April 4, 1979 - Page 2
to staff for a report on steps necessary to grant a franchise as
requested.
Upon a motion by Councilman Barton, communication from
Therese M. Quarles, dated April 2, 1979, requesting an amendment
to the General Plan for commercial zoning located at Panama Lane
near Wible Road, was received and referred to the Planning Com-
mission for study and recommendation.
COUNCIL STATEMENTS
Upon a motion by Councilman Miller, continued public
hearing before the Council on an Appeal by Moreland Engineering,
Inc., acting on behalf of Highlands Real Estate Corporation, to
the decision of the Planning Commission denying their application
to change the zoning boundaries from an R-1 (One Family Dwelling)
Zone to a P.U.D. (Planned Unit Development) Zone, affecting those
certain properties in the City of Bakersfield commonly known as
3100 and 3200 Blocks of La Costa Street (odd only), was deferred
until the Council Meeting of May 2, 1979.
Councilman Strong stated the California Avenue Park
Neighborhood Facility Citizens Advisory Committee is minus several
members due to resignations, etc., and he would urge that those
appointments be made.
Mayor Hart requested that Auditorium Manager Graviss
find out which Councilmen have an appointment to make and report
back next week.
Upon a motion by Councilman Strong, Councilman John M.
Means was appointed as the Council's representative on the Kern
County Council of Governments (KERNCOG), by the
call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty,
following roll
Strong, Barton,
Noes: None
Absent: None
Christensen
Bakersfield, California, April 4, 1979 - Page 3
43
Councilman Barton stated the Council received a memo in
their packets regarding a Charter Review Advisory Commission. This
Commission would review the City Charter with the goal of recom-
mending to the Council changes that would make the Charter a
document fitting with present times and the direction of the City.
The Commission should be comprised of fifteen members with con-
sideration given to appointing as wide a representation of citizens
as possible. Each Councilman will appoint two members and the
Mayor appoint one member to this Commission. The Commission should
be appointed and active by May 15, 1979, so there will be sufficient
time to make recommendations to the Council for presentation to the
voters of the City for the June, 1980 primary election.
City Attorney Hoagland stated that the persons who serve
on the Charter Review Advisory Commission must be residents of the
City.
Upon a motion by Councilman Miller, the 15 member Charter
Review Advisory Commission established on April 25, 1977, was
abolished.
Councilman Barton made a motion that the Council establish
a 15 member Charter Review Advisory Commission (2 appointed by each
Councilman and i appointed by the Mayor), with the understanding
that the Mayor call the first meeting by May 15, 1979. This
motion was unanimously approved.
Mayor Hart stated he has been requested to ask the
Council for adoption of a resolution supporting continuation of
AMTRAK service for the San Joaquin Valley Route due to increased
cost of petroleum products and limited air service in and out of
Bakersfield.
Upon a motion by Councilman Means, the Mayor was requested
to send a letter to the Director of the State Department of Trans-
portation and Congressman William M. Thomas expressing the Council's
support of continuing AMTRAK service to the Bakersfield and Wasco
areas.
Bakersfield, California, April 4, 1979 - Page 4
REPORTS
Councilman Ratty, Chairman
Relations Committee, read Report No.
of the Intergovernmental
2-79 regarding Financial
Support with County of Kern to Retain United Airlines Service,
as follows:
The Intergovernmental Relations Committee,
upon request of the Council, met last week to
discuss the possibilities of the City contrib-
uting financial support to the County of Kern
in an effort to retain United Airlines service
between Bakersfield and San Francisco. Based
on information provided through the City
Attorney and the County Counsel, this Committee
is of the opinion that the City should demon-
strate our concern over the withdrawal of
service by sharing financially on a proportionate
basis with the County of Kern in this effort.
Legal counsel in Washington, D.C. has been
retained by the County to represent the County
and City in this matter. While the cost is
unknown, it is estimated that it could be
around $25,000 or more. We are recommending
Council approval for the City to pay twenty
percent (20%) of the cost, up to $5,000. If
the total cost for the City and County should
run over $25,000, then the Council would re-
evaluate any further City contributions.
Councilman Miller stated this area needs air service,
but he could not see why a County or City government would want
to fight private enterprise by placing additional regulations on
the airlines. He also stated he had discussed this with attorneys
and persons who have knowledge as to what C.A.B. appeals cost and
the total expenditure may be around $100,000-$120,000. The County
will probably come back to the Council at a later date and request
additional funds. It might be better to spend the $5,000 looking
for other airlines. The regulations are now in the airlines favor
and this joint venture will probably not be successful.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 2-79 regarding Financial Support
with County of Kern to Retain United Airlines Service, was accepted;
and recommendation that the City pay twenty percent (20%) of the
cost, up to $5,000, to retain legal counsel in Washington, D.C.,
Bakersfield, California, April 4, 1979 - Page 5
with the understanding that if the total cost for the City and
County should run over $25,000 the Council would then re-evaluate
further City contributions, was approved by the following roll
call vote:
Ayes:
Noes:
Councilmen Means, Payne, Ratty, Strong, Barton, Christensen
Councilman Miller
Absent: None
City Manager Bergen read a report regarding State Park
Funds Application (SB174), as follows:
In 1976, the State approved the Urban Open
Space and Recreation Program (SB174). This
program is a three-year program designed to
provide grants to cities, counties and park
and recreation districts for the acquisition
and development of park and recreation areas
within the more heavily populated areas of
the State. Factors such as population density,
income rate and unemployment rate must be
considered in selecting projects. It is a
matching program whereby the State provides
75% and the applicant 25%.
The City of Bakersfield has applied for and
received funds for the past two years under
this program. The City's allocation £or the
1978-79 fiscal year is $28,435. Previously,
the proposed projects were approved by the
Council as part of the Capital Improvement
Program during annual budget hearings in June.
However, the state has now indicated appli-
cations for the 1978-79 a~location must be
submitted by May l, 1979.
Attachment #1 of this report indicates the
recommendations for the use of these funds.
It is therefore requested the Council take
the following actions:
(1)
Authorize the staff to apply for these
funds as outlined in Attachment #1 and
approve the attached resolution (Attach-
ment #2) authorizing this application.
(2)
The City's share of these improvements
in the amount of $9,480 be included in
the 1979-80 Capital Improvement Budget.
Councilman Strong asked if staff recommendations could
be substituted if the Council decided something else was needed.
Director of Public Works Hawley stated there is no problem
amending the application prior to May 1st, however, after that
Bakersfield,
California,
April 4, 1979 - Page 6
date it would be necessary to go back to the State for approval of
amendments.
Upon a motion by Councilman Strong, report from the City
Manager regarding State Park Funds Application (SBi?4), was
accepted; and recommendations as outlined in the report, were
approved.
Adoption of Resolution No. 30-79 of
the Counci~ of the City of Bakers-
field approving the Block Grant
Application for Grant Funds under
the Urban Open-Space and Recreation
Program for improvements at Jefferson,
California Avenue, Saunders, Central,
Beale, Wayside and Planz Parks.
Upon a motion by Councilman Strong, Resolution No. 30-79
of the Council of the City of Bakersfield approving the Block Grant
Application for Grant Funds under the Urban Open-Space and Recrea-
tion Program for improvements at Jefferson, California Avenue,
Saunders, Central, Beale, Wayside and Planz Parks, was adopted by
the following roll call vote:
Ayes:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4638 to 4763,
inclusive, in the amount of $723,306.91.
(b)
Claim for Damages from G. Neil Farr, 3021
Maywood Drive, Bakersfield. (Refer to
City Attorney)
(c)
Street Right-of-Way Deed from Carley C.
Long and Thomas M. Goblirsch, et al,
providing additional 25 foot right-of-
way as required for Parcel i of Parcel
Map No. 4905, located on northwest
corner of Wible Road and White Lane.
(d)
Map of Tract No. 4007 and Improvement
Agreement with Community Construction,
Inc., for construction of improvements
therein - located south of Pacheco Road,
west of Monitor Street.
Bakersfield, California, April 4, 1979
- Page
(e) Application for Encroachment Permit from
Jeffrey S. Klein Co., 1477 East Shaw
Avenue, Suite 126, Fresno, California,
for construction of new building facings
to encroach 6" into the right-of-way at
the northwest corner of Chester Avenue
and 17th Street.
Councilman Means requested that Item (b) of the Consent
Calendar be considered separately.
Upon a motion by Councilman Miller, Items (a), (c), (d)
and (e) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
Councilman Means asked for more detailed information on
Item (b) of the Consent Calendar.
City Attorney Hoagland stated it is alleged the Sanitation
Department dropped glass in the roadway and Mr. Farr ran over it
ruining a tire. Mr. Fart is asking damages for the replacement
of the tire in the amount of $60.00 and $40.00 for time spent
changing it.
Upon a motion by Councilman Means, Item (b) of the Consent
Calendar, was adopted by the following roll call vote:
Ayes: Councilmen Means, ~iller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid of Valley Tree
and Construction for demolition and removal of Transonic Building,
near the Civic Auditorium, and the former Haberfelde Ford Service
Building,
contract.
was accepted and the Mayor was authorized to execute the
granted to the Purchasing Division of
Upon a motion by Councilman Means, authorization was
the Finance Department to
Bakersfield, California, April 4, 1979 - Page 8
enter into Discount Agreements with Boise Cascade for miscellaneous
office supplies, Motorola for radio repair parts and Cal-Auto
Store for auto parts.
DEFERRED BUSINESS
Authorization granted for payment to
Granite Construction Company, in the
amount of $5,642.00, for paving of
Akers Road between White Lane and
Southern Pacific Railroad.
Granite Construction Company requested $14,246.40 for
paving Akers Road. The City Attorney combined this request with
a suit which had been filed by Granite Construction Company and
reached a settlement whereby the City would pay $5,642.00 for the
paving of Akers Road.
Upon a motion by Councilman Barton, payment to Granite
Construction Company, in the amount of $5,642.00, for paving of
Akers Road between White Lane and Southern Pacific Railroad, was
authorized.
Adoption of Ordinance No. 2490 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 Real No.
Annexation.
This ordinance zones upon annexation that certain
property in the County of Kern a majority of which is located from
the west side of Real Road to Oak Street, and between Palm Street
and Chester Lane, to an R-1 (One Family Dwelling), R-2-D (Limited
Multiple Family Dwelling - Architectural Design), R-3-D (Limited
Multiple Family Dwelling - Architectural Design) and C-2-D (Com-
mercial - Architectural Design) Zones.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2490 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 Real No. 1 Annexation, £inding said zonings
Bakersfield, California, April 4, 1979 - Page 9
4,9
consistent with the General Paln, were adopted by the following
roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
Adoption of Ordinance No. 2491 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property located on the south-
east corner of Stine Road and Planz
Road, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by Robert
N. Eddy and would change subject property from an "A" (Agricultural)
Zone to a P.C.D. (Planned Commercial Development) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2491 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property located
on the southeast corner of Stine Road and Planz Road, approving
the Preliminary Development Plan and making findings in connection
with P.C.D. Zone, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman r sen, the meeting was
adjourned at 8:50 P.M. MAyO~~e~Ci! of
· Bakersfield '
~v~xu~ ~]~ y , Callf
ATTEST: /~
ITY~Y~Y~~/K~and~io Clerk of the Council
of the City of Bikersfield, California
ma
5O
Bakersfield, California, April 10, 1979
Minutes of a Joint Workshop Session
the City of Bakersfield and the
held in the Council Chambers of
1979.
Present:
Absent:
follows:
Present:
Absent:
Session:
of the Council of
Bakersfield Redevelopment Agency,
City Hall at 7:04 P.M., April 10,
The meeting was called to order by Mayor Hart.
The City Clerk called the roll of the Council as follows:
Mayor Hart. Councilmen Barton (seated at 7:09 P.M.),
Christensen, Means, Miller, Payne, Ratty
(seated at 7:30 P.M.), Strong
None
The Agency Secretary
called the roll of the Agency as
Agency Members Casper, Foth, King, Lewis, Poehner, Puder
Agency Member Mooneyham
The following persons participated in the Workshop
Carl Danielson, Guay & Danielson (Hotel)
Dan Donahue, President of John S. Griffith &
Company (Shopping Center)
Harry Tow, Quad Consultants (Parking)
Gene Jacobs, Special Counsel of Redevelopment
Agency
Cal Hollis, Financial Consultant of Redevelop-
ment Agency
(See minutes of Redevelopment Agency for details
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the Workshop
Session was adjourned at 8:56 P.M.
of Workshop Session)
ATTEST: ~ ./~
CITY CLER~.~and Ex-Officio/ Clerk of the Council
of the Cfty of Bakersfie.]~d, California
Calif.
ma
Bakersfield, California, April ll, 1979
51
Minutes of a regular meeting of the Council of the City
o£ Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., April ll, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Mr. Richard Farmer
member o~ 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 Miller, Payne, Ratty, Strong,
Absent:
Barton, Christensen, Means
None
Minutes of the regular meeting of April 4,
1979 were
approved as corrected.
SCHEDULED PUBLIC STATEMENTS
Mr. Jeffrey Garchow, 222 Olive Street, stated at
last
week's Council Meeting someone requested that the City adopt an
ordinance prohibiting the keeping of Beehives in the City and he
would like to present some facts on this matter that most people
are not aware of. Bees cannot be bound to one certain area be-
cause they have a range of up to 12 miles. All Bees are closely
regulated by State law, must be registered with the County
Agricultural Commissioner's Office and are inspected and treated
with antibiotics for diseases.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from William H. McCullough, dated November 27, 1978, resigning
from the California Avenue Park Neighborhood Facility Citizens
Advisory Committee, was received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
Union Oil Company of California, Real Estate Division, dated April
6, 1979, regarding Notice of Intent to Acquire by Eminent Domain
property for the extension of Truxtun Avenue, was received and
referred to the City Attorney.
5'2
Bakersfield, California, April ll, 1979 - Page 2
Upon a motion by Councilman Barton, communication from
John J. Fortenberry, dated April 4, 1979, resigning from the
California Avenue Park Neighborhood Facility Citizens Advisory
Committee, was received and ordered placed on file.
Upon a motion by Councilman Christensen,
from State Senator Walter W. Stiern, dated April 4,
the City's opposition to a change in the territorial rating system
for motor vehicle insurance rates, was received and ordered placed
on file.
Upon a motion by Councilman Means, communication from
Elmer Fox, Westheimer & Co., Certified Public Accountants, dated
April 9, 1979, requesting that their firm be considered for award
of contract to audit the records and accounts of the City for year
ending June 30, 1979, was received and referred to the Budget
Review and Finance Committee for study and recommendation.
Upon a motion by Councilman Barton, communication from
Eugene C. Oldershaw, resigning from the Fire Department Civil
Service Board, was received, ordered placed on file and the Mayor
was requested to send a letter of appreciation for his many years
of service to the City.
REPORTS
Councilman Barton, Chairman of the Bakersfield Water
Board, read a report regarding Agricultural Water Enterprise
Operating and Capital Outlay Budget for Fiscal Year 1979-80, as
follows:
For your review and consideration please find
attached the Agricultural Water Enterprise
Operating and Capital Outlay Budget for fiscal
year 1979/80. Attached to the Agricultural
Water Budget are summaries explaining the major
item changes from the previous fiscal year.
These budget items were approved by the Water
Board on March 28, 1979 and are scheduled to
appear on the agenda for Council action on
April 18, 1979.
Upon a motion by Councilman Barton, report regarding
Agricultural Water Enterprise Operating and Capital Outlay Budget
for Fiscal Year 1979-80, was accepted.
communication
1979, regarding
53
Bakersfield, Cali£ornia, April ll, 1979- Page 3
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 1-79 regarding Recreation
Budget for 1979-80 Fisca~ Year, as follows:
The City Council's Auditorium-Recreation Com-
mittee met to review the proposed Recreation
Budget for the 1979-80 fiscal year. A copy
of the proposed budget is attached. The budget
is submitted annually prior to the regular
budget hearings in order that recruitment of
personnel for the summer programs can begin
immediately.
The Recreation Budget is divided into five sub-
programs i.e., major activity areas, which are
aquatics, sports, parks and playgrounds, and
the California Avenue Park Neighborhood
Facility. The proposed budget totals $508,475
which reflects an increase of $29,325, or 6%
above the approved budget for 1978-79.
The following is a summary of the major changes
in the proposed budget of each sub-program
compared with that adopted for 1978-79.
Aquatics
The proposed Aquatics Budget which totals
$102,290 is up $4,090. There are no proposed
changes in this program from last year. The
budget increase results primarily from a
request of $4,200 to purchase new coin slots
and tokens for the swimming pool turnstiles.
This request represents the most inexpensive
alternative to alter the turnstiles to imple-
ment the $.50 charge previously approved by
the Council. This alternative will also
eliminate the necessity of future turnstile
changes if the charges were ever changed in
the future. The remaining accounts in this
budget reflect a $110 decrease.
Sports
The proposed sports budget which totals $111,385
is up $9,795. The major program change, which
results in no additional cost, is to extend the
adult softball program an additional two months
and split the teams into a spring and summer
league to be able to maintain the present
number of teams without the use of the County
diamonds. This was necessitated by the imple-
mentation of a charge for the diamonds by the
County which would have resulted in the City
having to increase team entry fees.
The increase in the sports budget results from
a rate increase in the team and individual
participants insurance charged by the Player
Medical Benefit Fund and budgeting for the
rental costs for the use of high school
gymnasiums for the adult and junior high
Bakersfield, California, April ll, 1979 - Page 4
and elementary basketball program. All the
increases in the insurance and gym rental costs
for the adult basketball program are recovered
from participants and 50% is recovered from
the junior high and elementary basketball
program.
Parks and Playgrounds
The proposed Parks and Playgrounds Budget
which totals $~01,280 is up $5,435. This in-
crease results from instituting summer programs
in three new City parks - Kroll, Grissom and
Quailwood and also at Castle School. In
addition, two after-school playground programs
are proposed to be added to the Panama School
District Program, 50% of the cost being paid
for by the District, however, this change is
subject to agreement by the District.
The budget also contains an increase of $500
in the contract with the American Federation
of Musicians for the summer band concerts at
Beale Park. It has been over ten years since
there was an increase in the contract amount.
California Avenue Park Neighborhood Facility
The California Avenue Park Neighborhood Facility
Budget which totals $193,520 is up $10,005. A
number of program changes for next year are
proposed, however, the formation of an adult
basketball league is the only one that will
result in increased costs, $1,890, but these
costs will be recovered from team entry fees.
Less attended programs will be dropped and the
formation of a summer youth basketball league,
Thursday twilight swimming and tennis instruc-
tions will be substituted.
The major increase in the budget is $6,500 for
gas utility costs. This results from an anti-
cipated rate increase. The major portion of
this is utilized to heat the swimming pool in
the park in the spring months when used by the
high school district and the City is reimbursed
by the school.
The Committee also discussed a restructuring
of the team entry fees for the adult softball
and basketball programs. The regularCity entry
fees are $400 for basketball and $300 for soft-
ball. It is proposed for this program the
basketball fee be $150 and $175 for softball.
The difference in fees being the lower cost to
operate these programs, i.e., no additional
supervisory help necessary and no gymnasium
rental costs as the facility has its own
gymnasium.
In conclusion, this Committee concurs with the
recommendations discussed above and recommends
adoption of the proposed Recreation Budget for
the 1979-80 fiscal year.
Bakers£ield, California, April 11, 1979 - Page
55
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 1-79 regarding Recreation Budget
for Fiscal Year 1979-80, was accepted; and Recreation Budget for
Fiscal Year 1979-80, was approved.
Councilman Means stated that during the Auditorium-
Recreation Committee meeting he requested the Recreation Department
to make a proposal for utilizing CETA personnel. Councilman Means
then requested that the staff conduct a study on utilizing CETA
personnel and come back to the Council with recommendations.
City Attorney Hoagland read a report regarding Request
for Franchise by Warner Cable Corporation, as follows:
By letter dated March 29, 1979, Warner Cable
Corporation applied for a franchise to operate
in the City as it now exists and may exist in
the future.
The granting of a franchise is governed by the
City Charter Section 115 et seq. Section ll8
provides that before granting a franchise, the
City Council shal~ pass a resolution declaring
its intention to grant a franchise and setting
forth the terms and conditions upon which it is
proposed to be granted.
The terms and conditions of the £ranchise in-
clude, among other things, the duration of the
franchise, the level of service, the amount of
payment to the City for the privilege of the
franchise and such matters as the amount of
bonds required by the City.
As a policy matter, the City Council should
determine what fee to charge for the franchise.
The City is presently being paid 3% of the gross
revenues by Bakersfield Cable Company. Warner
presently pays 2% of the gross for those areas
being served in the City. Neither Warner nor
Bakersfield Cable pays any percentage fees for
their Box Office channels.
The duration of the franchise is an area the
City Council should address. It might also be
that the Council would want to consider the
responsibility of the cable company to serve
anyone who requests service in the City and
under what circumstances such service might be
excused.
A hearing is held not earlier than twenty or
more than sixty days after passage of the
resolution. Following the hearing, an ordi-
nance is passed granting the franchise unless
the Council denies the application.
56
Bakersfield, California, April
ll, 1979 - Page 6
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in this matter and
yielded the chair to Vice-Mayor Barton.
Upon a motion by Councilman Miller, request for Franchise
from Warner Cable Corporation was referred to the Business Develop-
ment and Parking Committee for study and recommendation of a
proposed resolution granting the Franchise and also for a recom-
mendation, at the time the resolution is presented to the Council,
regarding the policy matter outlined in the report.
CONSENT CALENDAR
The following items were listed on the Consent Calendar
(a) Allowance of Claims Nos. 4764 to 4841,
inclusive, in the amount of $328,133.99.
(b)
Petition to file Late Claim for Damages
from Yvonne Tannehill, 403 Locust, Oildale.
(Refer to City Attorney)
(c)
Claim for Damages from Susan Whaley, 2708
Sunset Avenue, Bakersfield. (Refer to
City Attorney)
(d)
Claim for Damages and Personal Injuries
from Jessie C. Franco, 601 - 30th Street,
Bakersfield. (Refer to City Attorney)
(e)
Drainage Sump Flowage and Access Easement
from Regional Mortgage Company as required
for Parcel Map No. 5055.
(f)
Map of Tract No. 4017 and Improvement
Agreement with Regional Mortgage Company
for construction of improvements therein -
located along the north side of Planz
Road and west of South Chester Avenue.
(g) Notices of Completion and Acceptance of
Work for:
Tract No. 3795A, Contract No. 77-125 with
Valley View Development Company, located
at College Avenue and Vyn Drive.
Parcel Map No. 4205, Contract No. 78-8
with Gannon Enterprises, located at San
Dimas and 40th Streets.
Additions to the Corporation Yard, Con-
tract No. 78-107 with Charles H. Miller.
The Public Works Department recommends
a 40 day extension of time due to delays
in equipment delivery.
57
Bakersfield, California, April ll, 1979- Page ?
(h)
Application for Encroachment Permit from
William H. Gannon, 3316 Covina Street,
Bakersfield, for construction of a 6 foot
chain link fence at back of sidewalk on
Fulton Street at the southwest corner of
Covina Street and Fulton Street.
Application for Encroachment Permit from
Panama Union School District, 5721 Sundale
Avenue, Suite 101, Bakersfield, for
construction of a 6 foot fence, 6 foot
behind face of curb on Westholme Boulevard
and Courtleigh Drive at O. J. Actis Junior
High School.
(J)
Application for Encroachment Permit from
Ray Byers, 3808 Harris Road, Bakersfield,
for construction of 6 foot h~gh sideyard
fences along back of sidewalk for all
lots along Marin Street in Tract No. 3905.
The Public Works Department recommends
approval subject to the following condi-
tions:
Fence be located 1 foot behind back
of sidewalk.
2. 4" thick concrete be installed in 1
foot strip between sidewalk and fence.
(k)
Application for Encroachment Permit from
Ruby Lawton, 917 Monterey Street, Bakers-
field, for construction of 5 foot high
block wall at back of sidewalk at 917
Monterey Street.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar,
were adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Strong, low bid of Granite
Construction Company for reconstruction of South King Street, was
accepted, all other bids rejected and the Mayor was authorized to
execute same.
Bakersfield, California, April 11, 1979 - Page 8
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the southwest
corner of West Half Moon Drive and
Ashe Road.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-3-D (Limited Multiple Family Dwelling - Architectural
Design) Zone to an R-1-CH (One Family Dwelling - Church), or more
restrictive Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the southwest corner of West Half Moon
Drive and Ashe Road.
Approval of Budget Transfer from the
Council Contingency Account to the
Equipment Maintenance Account in the
amount of $156,000.
The funds budgeted in Equipment Maintenance to purchase
materials and services are nearing depletion. The Equip-
fuels,
ment Superintendent requests a transfer of $156,000 into these
accounts for the remainder of this fiscal year. These increases
are due to prices escalating more than what was anticipated when
the budget requests were prepared a year ago. Additional funds
required are: $106,000 for fuel and lubricants (Account No.
11-452-1400), $23,000 for equipment parts (Account No. 11-452-1500),
$17,000 for tires and tubes (Account No. 11-452-1600) and $10,000
for outside repairs (Account No. 11-452-3900).
Upon a motion by Councilman Ratty, Budget Transfer from
the Council Contingency Account to the Equipment Maintenance Account
in the amount of $156,000, was approved.
59
Bakersfield, California, April 11, 1979 - Page 9
Approval of Lease Agreement between
the City and Brandon-Robison Broad-
casting Company, DBA Radio Station
KERN, for a portion of the Municipal
Farm for a radio station transmission
tower.
Upon a motion by Councilman Christensen, Lease Agreement
between the City and Brandon-Robeson Broadcasting Company, DBA
Radio Station KERN, for a portion of the Municipal Farm for a
radio station transmission tower located immediately south of
Freeway 58, ½ mile east of Mt. Vernon Avenue, was approved and the
Mayor was authorized to execute same.
Approval of Plans and Specifications
for construction of the South Wing
Addition to City Hall and Finance
Operations Manager authorized to
advertise for bids.
This project is budgeted in the current fiscal year.
The Addition consists of a basement and two floors and will provide
space for the Public Works and Development Services Departments.
This project is funded with Revenue Sharing funds and the estimated
cost is $2,250,000.
Upon a motion by Councilman Payne, Plans and Specifica-
tions for construction of the South Wing Addition to City Hall,
was approved and the Finance Operations Manager was authorized to
advertise for bids.
Deferral of action on Application by
Burger King Restaurant for a 60 foot
high sign near the northwest corner
of State Highway 178 (24th Street)
and Pierce Road.
This request includes a double-faced 16' x 16' identifi-
cation sign at the top of the pole and a double-faced 2'-8" x
16'-0" directional sign at a lower elevation on the same pole.
Both signs will have interior illumination.
The Sign Ordinance requires City Council review of all
signs which exceed 50 feet in height.
The Council approved a 70 foot high sign for the adjacent
property within the past year.
6O
Bakersfield, California, April ll, 1979 - Page 10
Councilman Ratty asked if the applicant would object to
lowering the sign from 60 feet to 50 feet and reducing the size
to less than 300 square feet.
Upon a motion by Councilman Miller, action on application
by Burger King Restaurant for a 60 foot high sign near the north-
west corner of State Highway 178 (24th Street) and Pierce Road,
was deferred until the Council Meeting of April 18, 1979, in order
to provide time for each member of the Council to visit the site
before making a decision, by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
HEARINGS
This is the time set for public hearing before the Council
for hearing protests by persons owning real property within terri-
tory designated as "Pacheco No. 9," proposed to be annexed to the
City of Bakersfield.
This hearing has been duly advertised and the property
owners have been notified as required by law.
This is an uninhabited annexation containing 216 + acres
of land located in the vicinity of Pacheco Road and South "H"
Street.
Upon a motion by Councilman Barton, public hearing be£ore
the Council £or hearing protests by persons owning real property
within territory designated as "Pacheco No. 9," proposed to be
annexed to the City of Bakersfield, was continued until the Council
Meeting of April 25,
Ayes: Councilmen
Noes: None
1979, by the following roll call vote:
Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Absent: None
61
Bakersfield, California, April ll, 1979 - Page ll
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:45 P.M.
~r~ old the Cit~ of Bakersfield,
Calif.
ATTEST:
CITY CLE~ and ExLOffici~ Clerk of the Council
of the City of Bakersfi~id, California
ma
6'2
Bakersfield, California, April 18, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., April 18, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Director of Public
Works Dale Hawley.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Payne, Ratty, Strong, Means, Miller
Absent:
Councilman Barton
Minutes of the workshop
regular meeting of April ll, 1979,
Christensen,
session of April 10, 1979 and
were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Southern California Edison Company, dated April 10, 1979, regarding
Parcel Map No. 5381, was received and referred to the Planning
Department.
Upon a motion by Councilman Christensen, communication
from the California Civil War Skirmishers Association, dated April
12, 1979, regarding a request to use City-owned land for their
first official event, was received and referred to the Water Board
for appropriate action.
Mr. Gil Cola, representing the Kern County Solar Energy
Industries Association in conjunction with the Kern Solar Energy
Society, presented correspondence requesting Council endorsement
of the Kern Energy Fair to be held May 18 and 19, 1979, at
Bakersfield Junior College.
Upon a motion by Councilman Means, Council endorsement
of the Kern Energy Fair to be held May 18 and 19, 1979, at Bakers-
field Junior College, was approved.
COUNCIL STATEMENTS
Councilman Christensen announced that he appointed Mrs.
Judy Garrett, 2631 Sunset Avenue, and Mr. Avery Allen, 1316
Radcliffe Avenue, to the Charter Review Advisory Commission.
63
Bakersfield, California, April 18, 1979 - Page 2
Councilman Miller announced that he appointed Mrs. Jill
Haddad, 2501 Crest Drive, and Mr. Herbert Clancy, 3808 Panorama
Drive, to the Charter Review and Advisory Commission.
Adoption of Resolution No. 31-79 of
the Council of the City of Bakers-
field supporting observance of May
3, 1979, as the Second Annual Sun
Day.
Upon a motion by Councilman Means, Resolution No. 31-79
of the Council of the City of Bakersfield supporting observance of
May 3, 1979, as the Second Annual Sun Day, was adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
Councilman Miller made a motion
be reappointed to the Planning Commission
April 17, 1983.
Councilman Payne stated that since the three appointments
on the Planning Commission just expired yesterday, and in order to
give the Council time to consider nominees, he would offer a
substitute motion that this matter be held over until next week's
Council ~eeting.
Councilman Ratty stated that he supports the substitute
motion, however, he would like to inform the Council that he
intends to nominate Mr. Joe H. Davis for reappointment.
Councilman Payne's substitute motion that action on the
three appointments to the Planning Commission be held over until the
Council Meeting of April 25, 1979, was approved by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne,
Councilman Miller
Councilman Barton
Ratty, Strong, Christensen, Means
that Mr. Timothy J. Banks
for a 4 year term expiring
64
Bakersfield, California, April 18, 1979 - Page 3
REPORTS
Upon a motion by Councilman Payne, Annual Report for
1978 of the Miscellaneous, Fire and Police Civil Service Boards,
was received and ordered placed on file.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 4-79 regarding Proposed
Reorganization of Department of Fire and Development Services, as
follows:
Due to recent increased activities in this
City's Community Development and Redevelopment
Programs, the Governmental Efficiency and
Personnel Committee has reviewed next year's
Federal Grant Application and we are of the
opinion that staffing in this area must be
increased to keep up with this growth. The
City currently has three full-time professional
employees working these programs and it has
proven to be impossible to keep up with present
activities let alone future planning and
implementation.
The Governmental Efficiency and Personnel
Committee has therefore instructed the staff
to study the various needs of the Community
Development and Redevelopment sections of the
City and present a workable plan.
The attached proposed reorganization is the
result of this study. This Committee has
reviewed the staff's proposal and after several
changes we are recommending the following:
Approval of the attached Proposed Reorgani-
zation of the Fire and Development Services
Department.
A new classification of Development
Services Co-ordinator at a monthly salary
range of $1933 to $2334, placed in the
Management Unit.
A monthly salary adjustment from $1891-
$2282 to $1933-$2334 for the Community
Development and Housing Co-ordinator.
4o
One new position of Principal Planner and
effective the first pay period in June
lower the present monthly salary for this
position from $1843-$2246 to $1763-$2126
and place this classification in the
Supervisory Unit rather than the Management
Unit.
A new classification of Rehabilitation
Specialist at a monthly salary range of
$1335 to $1663, placed in the White Colar
Unit.
Bakersfield, California, April 18,
1979 - Page 4
65
One new position of Planning Technician at
a monthly salary range of $1158 to $1407,
placed in the White Collar Unit.
Transfer one Clerk-Steno II from the City
Manager's Office to the Fire and Develop-
ment Services Department.
Eliminate one vacant position of Assistant
City Manager at an annual savings of
$40,000.
As listed on the attached proposed reorganiza-
tion, the total costs for these changes is
$98,116. Of this amount $47,413 will be paid
out of Community Development funds and
approximately 80% of the remaining costs will
be paid for through Redevelopment Agency
reimbursements. With the $40,000 savings by
eliminating the vacant Assistant City Manager
position, the City will realize an approximate
savings of $29,859 in its general funds.
In order to effectuate this reorganization, the
Governmental Efficiency and Personnel Committee
is recommending Council approval of this report,
approval of the attached job specifications and
approval of the attached changes in the Salary
Resolution.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 4-79 regarding Proposed Reorgani-
zation of Department of Fire and Development Services, was accepted;
and recommendations as outlined in the report, were approved.
Adoption of Resolution No. 32-79 of
the Council of the City of Bakers-
field amending Resolution No. 70-78,
setting salaries and related benefits
for officers and employees of the
City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 32-79
of the Council of the City of Bakersfield amending Resolution No.
70-78, setting salaries and related benefits for officers and
employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
Director of Public Works Hawley read a report regarding
Grant Conditions for the Southeast Bakersfield Wastewater Treatment
66
Bakersfield, California, April 18,
1979 - Page 5
Plant Expansion, as follows:
As requested by Councilman Miller, each Council-
man received in their packets copies of the
Grant Conditions on the Wastewater Treatment
Plant modification and expansion project now
under construction.
This project is being funded with State and
Federal funds, therefore, agreements have been
entered into with both agencies. The Grant
Agreements were subject to applicable U. S.
EPA and State regulations which were in effect
when the agreements were signed in March of
1977. The general conditions require the
project to meet the Environmental Protection
Agency regulations, Federal Water Pollution
Control Act, State Water Quality Control
regulations and to also meet normal auditing
and reporting procedures. In addition to the
genera~ conditions, there are specia~ conditions
on the Bakersfield project. These special
conditions include requirements on: sewer
use ordinance, user charges, monitoring pro-
gram, air quality analysis, and interagency
service agreements.
We have contacted the State Division of Water
Quality to see if current interpretation of
the Water Pollution Control Act would permit
changing or deleting any of the special condi-
tions.
Councilman Ratty asked if it is still true that ad
valorem taxes cannot pay the user fees to operate the plant.
City Manager Bergen stated the staff is evaluating
recent changes in regulations and will report to the Council by
the time the budget is presented. However, it is not certain
whether they will change the contract. At the time the ordinance
was adopted there was a specific comment made by the Council that
they would want to look at the fees very carefully.
Upon a motion by Councilman Miller, report from the
Director of Public Works regarding Grant Conditions for the South-
east Bakersfield Wastewater Treatment Plant Expansion, was received
and ordered placed on file.
City Attorney Hoagland recapped a report to the Council
which suggested four possible alternatives to the problem of Bee-
keeping within the City.
Bakersfield,
California,
April 18, 1979 - Page 6
67
Councilman Ratty made a motion that the Council adopt
Option No. 4 from the City Attorney's report regarding Beekeeping
Within City, which states:
Option (4) The City take no action. At the
present time there are neither controls for,
nor prohibition of, beekeeping within the City.
Exercise of this option depends on the deter-
mination of the Council that no showing has
been made to warrant either prohibition or
control of beekeeping with the City.
This option has the advantage of saving staff
time in the implementation of an ordinance and
enforcement program both for the present and
the future.
This option has the disadvantage of possible
hazard to residents resulting from aggressive
or swarming bees within the City. (The
possibility of liability upon the City itself
is remote because your decision is a legisla-
tive one.)
Councilman Miller offered a substitute motion that the
City Attorney's report suggesting alternatives to the problem of
Beekeeping within the City be referred to the Intergovernmental
Relations Committee for a joint study with the County and recom-
mendation back to the Council.
Councilman Means stated there is probably some prudence
to referring this matter to a committee. It seems like a simple
matter although there are ramifications. He would like to see
the Council
or delaying
No. 4.
come up with directions now, instead of passing it on
it. Councilman Means also stated he supports Option
Councilman Miller's substitute motion that the City
Attorney's report suggesting alternatives to the problem of Bee-
keeping within the City be referred to the Intergovernmental
Relations Committee for a joint study with the County and recom-
mendations back to the Council, was approved by the following roll
call vote:
Ayes: Councilmen Payne, Strong, Christensen, Miller
Noes: Councilmen Ratty, Means
Absent: Councilman Barton
Bakersfield, California, April 18, 1979 - Page 7
The
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 4842 to 4993,
inclusive, in the amount of $218,475.92.
Application to Present Late Claim for
Damages from Claudia Rae Blodget, P.O.
Box 66, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Steve Casey, 2218
"E" Street, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Automobile Club
of Southern California on behalf of John
C. Stauffer, 2904 Wilson Road, Bakers-
field. (Refer to City Attorney)
Map of Tract No. 3978, Units 1, 2 and 3,
and Improvement Agreement with The
Development Group, Inc., for construction
of improvements therein - located south
of Bernard Street and west of Oswell
Street.
Revised Map of Tract No. 4069 modifying
the cul-de-sac on Kristina Court and
being developed by Challenge Builders,
Inc.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3927, located at Akers
Road and Alum Avenue, Contract No. 77-167
with Ravenscroft and Lick.
Application for Encroachment Permit from
James B. Zahud, 905 San Carlos Way, for
construction of a 4 foot maximum height
ornamental block wall 4 foot behind back
of sidewalk at the southwest corner of
Dos Rios Way and San Carlos Way.
Application for Encroachment Permit from
Frank Valenzuela, 5712 Appletree Lane,
for construction of an 18" high brick
planter at back of sidewalk at 5712 Apple-
tree Lane. The Public Works Department
recommends approval of the application
subject to mailbox being relocated to
provide the 4 foot minimum sidewalk
clearance.
Plans and Specifications for construction
of street and drainage improvements within
the Homaker Park Area, bounded by 34th
Street, Union Avenue, Southern Pacific
Railroad and Chester Avenue.
Plans and Specifications for canopy for
covered parking area of the City Corpora-
tion Yard.
Bakersfield,
California,
April 18,
1979 - Page 8
(1)
Contract Change Order No. 1 to Contract
No. 79-40 with Charles I. Cunningham for
construction of Wheelchair Ramps in Down-
town and Civic Center Areas. This Change
Order deletes the ramps originally pro-
posed at two Chester Avenue corners and
adds a reinforced concrete replacement
at one of the locations for a net increase
of $175.00.
Upon a motion by Councilman Miller, 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 Payne, Ratty, Strong, Christensen, Means,
Miller
(c),
Noes: None
Absent: Councilman Barton
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bids of Miracle
Recreation (10 items) and Moore Recreation and Park Equipment
(7 items) for Swingsets, Animals and Benches, were accepted and
all other bids rejected.
Upon a motion by Councilman Means, low bids of Miracle
Recreation (5 items) and Moore Recreation and Park Equipment (9
items) for Picnic Tables, Slides and Playground Equipment, were
accepted.
Upon a motion by Councilman Strong, low bid of Granite
Construction Company for Asphalt Concrete Surfacing on various
streets in the Mayflower Addition, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2492 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property located on the north-
west corner of Ming Avenue and New
Stine Road, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
This ordinance was given first reading at the meeting of
December 20, 1978, and referred back to the Planning Commission at
:7O
Bakersfield, California, April 18, 1979 - Page
the meeting of January 24, 1979, for further study and recommenda--
tion back to the Council.
Prior to setting new hearings and environmental review
the applicant withdrew the request for the major market leaving
the application identical to that originally transmitted to the
Council. That recommendation is unchanged.
Action on this ordinance was deferred from the Council
Meeting of March 28, 1979, in order to allow residents and
developer more time to study the matter and reach an agreement.
A letter from Linda Ann Frick expressing opposition to this zone
change was presented to the Council at the meeting of March 28,
1979.
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would not participate in this matter and in
the absence of Vice-Mayor Barton he yielded the chair to senior
Councilman Strong.
Councilman Strong declared the meeting open for public
participation.
Mr. Peter Carton, representing a majority of the home-
owners in the area surrounding the proposed zone change, stated
that if the nine conditions Councilman Payne is going to recom-
mend are included in the ordinance that almost all the residents
of the area will support the zone change.
Linda Ann Frick, resident of the area, spoke in opposition
to the proposed zone change and requested that each Councilman be
individually satisfied that all the questions on the development
have been thoroughly answered before action is taken. Mrs. Frick
proposed that the Council create an Architectural Review Commission
to advise on the development of this type of property and older
property being redeveloped. She requested that the wall that will
face her property be architectually sensitive to the surrounding
area; and that plans for the wall and landscaping, surrounding the
development, be submitted and approved by the Council, Planning
Bakersfield, California, April
1979 - Page
Commission and 3 members of the Village Green Association. She
also requested that none of the trees on Kirkside Drive be removed.
Mr. Howard Bell, resident of Kirkside Drive, spoke in
opposition to this zone change and requested that the Council
defer action on the ordinance until such time as a proper study
had been made and verify the items that were promised by the
developer.
Councilman Strong closed the public portion o£ this
discussion for Council deliberation and action.
Councilman Payne read the proposed conditions that were
agreed to by the developer and residents for the commercial
development of property located on the northwest corner of Ming
Avenue and New Stine Road, as follows:
Commencing at the point labeled "A" on the
map attached hereto and running continuously
to points "B", "C" and "D" the Developer/
Applicant shall cause to be built a six
foot slumpstone wall in the same design and
construction as shown in the August, 1978,
detailed drawing submitted to the Planning
Commission.
The wall between points "A" and "B", and
from "B" to "C" shall have a minimum height
o£ six feet from the highest point on the
apartment site. The wall between points
"C" and "D" shall be constructed at ground
level which is the higher of:
(a) the grade immediately southerly or
easterly of the wall; or
(b) the existing curb on Kirkside Drive.
Landscaping along Kirkside Drive will be
maintained by the Developer/Applicant in
accordance with City requirements. All
trees will be evergreen and will have a
minimum height of 10 feet.
Cypress Point Drive will not be opened
east of Kirkside Drive. Developer/Appli-
cant to seek permit from First Baptist
Church authorizing closing of the wall
(re£erred to in "1" above) on Church land
northerly of point "D".
4. Restrictions of Use of the Property:
The property shall not be used for any of
the purposes listed below. Persons
Bakersfield,
California,
April 18, 1979 - Page ll
objecting to a proposed use may seek clari-
fication of the terms used below by
applying to the Planning Commission for
review:
Prohibited uses:
(a) Theaters
(b) Supermarket
(c) Grocery Store
(d) Restaurant with drive-through
facilities
(e) Apartments
(f) Retail food establishments which
sell prepared food "to go" commonly
referred to as "Fast Food" stores
(g) Retail food and sundries stores, such
as 7-11 stores
(h) Businesses which cater to amusements
for children
Developer/Applicant to refrain from con-
struction of a bell tower. Developer/
Applicant shall limit the height of buildings
to one story for commercial retail and two
stories for commercial office.
Planning Commission and City Council approval
will be needed prior to any opening of the
wall on Kirkside Drive between points "B"
and "D".
Developer/Applicant to support any proposal
to limit parking on Kirkside Drive.
o
Final building inspections necessary for
completion for the buildings to be con-
structed on the project site shall not
take place until such time that the wall,
as required by item #1, has been completed
bordering that project for which inspection
is required.
9. No access to commercial site from Kirkside
Drive, including construction access.
Director of Planning Sceales answered the questions that
were contained in two letters from Linda Ann Frick, dated March 23
and 28, 1979.
Mr. Jim Camp, developer, stated that the construction of
the wall bordering the homes on Westholme Boulevard and apartments
on Kirkside Drive will be started within the next 30 days. The
wall on Kirkside Drive along the shopping center will be erected
during the construction period. A fence bordering the project
will be erected during construction to eliminate vehicular and
pedestrian access.
Bakersfield, California, April 18,
1979 - Page
73
Councilman Payne stated that he would contact the Chief
of Police and Traffic Authority to assure that the north side of
Kirkside Drive from Weyburn Way to 5600 Kirkside Drive is posted
as a "No Parking" zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2492 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property located
on the northwest corner of Ming Avenue and New Stine Road, approving
the Preliminary Development Plan and making findings in connection
with P.C.D. Zone, finding said zoning consistent with the General
Plan, with the inclusion of the nine conditions as previously stated by
Councilman Payne, were adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
Adoption of Ordinance No. 2493 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the southwest corner of West Hal£
Moon Drive and Ashe Road.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-3-D (Limited Multiple Family Dwelling - Architectural
Design) Zone to an R-1-CH (One Family Dwelling - Church) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2493 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land
Use Zoning of that certain property in the City of Bakersfield
located on the southwest corner of West Half Moon Drive and Ashe
Road, finding said zoning consistent with the General Plan, were
Bakersfield,
California,
April 18,
1979 - Page 13
adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong,
Miller
Christensen, Means,
Noes: None
Absent: Councilman Barton
Approval of Application by Burger
King Restaurant for a 60 foot high
sign near the northwest corner of
State Highway 178 (24th Street) and
Pierce Road.
This request includes a double-faced 16' x 16' identifi-
cation sign at the top of the pole and a double-faced 2'-8" x 16'-0"
directional sign at a lower elevation on the same pole. Both signs
will have interior illumination.
The Sign Ordinance requires City Council review of all
signs which exceed 50 feet in height.
The Council approved a 70 foot high sign for the adjacen~
property within the past year.
Action on this item was held over from the Council Meeting
of April ll, 1979, in order to provide time for each Councilman to
visit the site before making a decision.
Mr. Howard Friedman, Heath and Company, 3225 Lacey Street,
Los Angeles, explained the criteria used in designing the sign for
Burger King Restaurant.
Upon a motion by Councilman Strong, application by
Burger King Restaurant for a 60 foot high sign near the northwest
corner of State Highway 178 (24th Street) and Pierce Road, was
approved by the following roll call vote:
Ayes:
Noes:
Councilmen Payne, Ratty, Strong, Christensen, Miller,
Councilman Means
Absent: Councilman Barton
NEW BUSINESS
Adoption of Resolution No. 33-79 of
the Council of the City of Bakers-
field accepting Art Collection from
Mary Churchmore Bultman of Balboa of
the Canal Zone, and authorizing the
Mayor to execute a Power of Attorney.
Bakersfield, California, April 18, 1979 - Page 14
This is an acceptance of a gi£t from Mary Churchmore
Bultman, of the Cana~ Zone, of objects o£ Art for display at the
Cunningham Art Gallery.
Assistant City Manager-Finance Kelmar stated, in answer
to a question by Councilman Miller, that the City's present
insurance coverage would not provide coverage for this type of
item. If the City wishes coverage a special type of insurance would
have to be obtained.
City Manager Bergen stated that there could be an addi-
tional cost for a proper display area at Cunningham Art Gallery
for these items.
Mr. Richard Leask, member of the Bakersfield Art Com-
mission, stated the Art Commission had not anticipated bearing the
expense of the insurance for this collection. Items in the
Cunningham Art Gallery, at the present time, only have vandalism
coverage because they have not been able to obtain other types of
insurance. As City property other coverage will be available, but
it is not available to the Art Commission.
Upon a motion by Councilman Christensen, Resolution No.
33-79 of the Council of the City of Bakersfield accepting Art
Collection from Mary Churchmore Bultman of Balboa o£ the Canal
Zone, and authorizing the Mayor to execute a Power of Attorney for
the entry of the merchandise from the Canal Zone and to attest that
the merchandise will be used for public display and will neither
be sold nor disposed of contrary to law, was adopted by the following
roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
Councilman Ratty requested that the sta£f investigate
the insurance problem and report back to the Council.
76
Bakersfield, California, April 18, 1979 - Page 15
Approval of request for street name
change from Arlana Street to Chester
W. Nimitz Street.
At the March 21, 1979, Planning Commission meeting a
request from Golden Empire Development Company to change a street
name within Tract No. 4117 from Arlana Street to Chester W. Nimitz
Street was considered and approved for recommendation to the City
Council. The two tracts involved are owned by two parties only,
and each is in agreement.
Former Councilman Walter F. Heisey stated the developers
of this tract felt they would like to carry out the theme of
Admiralty Square and honor naval heros of World War II by naming
the streets after them.
Upon a motion by Councilman Ratty, request for street
name change from Arlana Street to Chester W. Nimitz Street, was
approved and the City Attorney was instructed to prepare the
necessary documents, by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
Approval of 1979-80 Agricultural Water
Enterprise Operating and Capital Out-
lay Budget.
This budget was approved by the Water Board on March 28,
1979, and submitted to the Council at the meeting of April 11, 1979,,
for consideration.
Upon a motion by Councilman Ratty, 1979-80 Agricultural
Water Enterprise Operating and Capital Outlay Budget, was approved
by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
Bakersfield, California, April 18, 1979 - Page 16
Deferral of request to declare a
portion of a park site as surplus
property.
During January, 1977, the City acquired a 15 acre park
site located on the south side of University Avenue between Camden
Street and La Costa Street and sold a less desirable site on Auburn
Street at Eissler Street. Since the acquisition was made, a deter.-
mination has been made that the size of the site exceeds the needs
for a park at this location. The Planning Commission has reviewed
and approved a proposal to sell the easterly 3.5 acres of the site.
Upon a motion by Councilman Miller, request to declare
3.5 acres of a 15 acre park site, located on the south side of
University Avenue between Camden Street and La Costa Street, as
surplus property, was deferred until such time as the Council approves
a Parks Policy that will be submitted by the Planning Commission
in the near future.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 9:55 P.M.
Calif.
ATTEST:
~ ~'- Council
CITY CL~and~ficio Clerk of the
of the City of Bakersfield, California
ma
78
Bakersfield, California, April 25, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., April 25, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Director of Public
Works Dale Hawley.
Present:
Absent:
Minutes of the regular meeting of April
approved as presented.
SCHEDULED PUBLIC STATEMENTS
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Ratty, Strong, Barton, Christensen,
Means, Miller, Payne
None
18, 1979 were
Mrs. Anne Monroe, 3991 Marella Way, read an article from
the Kern Herald written by Reverend William A. Few entitled "Its
Time to Wake Up," that requested the Council and Board of Super-
visors pass legislation to clean-up the pornographic mateyials being
sold from adult bookstores on 19th Street.
Joann Wright and Jeanette Loeffler, 2716 Lake Street,
representing Care Home Operators in the State of California,
requested that changes be made in zoning policies that would
legally allow licensed large family care homes for the rehabili-
tation of mentally ill persons.
Mr. Scott Shipp, Director of the local State Department
of Mental Health Office of Continuing Care, stated his agency is
responsible for approximately 300 mentally ill persons in Kern
County who live in board and care facilities and due to recent
legislation this number will probably increase. Mr. Shipp requested
that the Council consider zoning variances that would allow more
large family care homes in this area.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Southern California Edison Company, dated April 18, 1979,
Bakersfield, California, April 25, 1979 - Page 2
79
regarding Parcel Map No. 5476, was received and referred to the
Planning Department.
Upon a motion by Councilman Barton, communication from
the Greater Bakersfield Chamber of Commerce, dated April 23, 1979,
regarding Master Traffic Plan for Greater Bakersfield, was received
and ordered placed on file.
Mr. Gene Steed, Attorney and member of the Chamber of
Commerce's Governmental Affairs Committee, stated they would be
available to meet with the Council, Board of Supervisors and
KERNCOG to discuss ideas for a Master Traffic Plan £or the Bakers-
field area.
Principal Planner Mel Tooker stated the staff is aware
that the Traf£ic Circulation Element needs to be updated. Approxi-
mately two months ago the City Public Works Department and Planning
Department contacted the County Planning Director and KERNCOG to
formulate a request for a proposal. This request for a proposal
has been reviewed several times by the Technical Advisory Committee
(TAC). It is now at KERNCOG and should be put out for bid
this week and finished by the end of this year.
COUNCIL STATEMENTS
Councilman Means nominated Stephanie L. McCormick, 5401
Lennox Street, #70-H, for appointment to the Planning Commission
Councilman Ratty nominated Joe H. Davis, 2825 Truxtun
Avenue, for reappointment to the Planning Commission.
Councilman Miller nominated Timothy J. Banks, 315 East
18th Street, for reappointment to the Planning Commission.
Councilman Christensen nominated Benjamin D. Phipps,
2436 Alder Street, for appointment to the Planning Commission.
Councilman Strong nominated Mary L. Jones, 331 - 18th
Street, £or appointment to the Planning Commission.
Upon a motion by Councilman Strong, nominations for the
three appointments to the Planning Commission were closed.
8O
Bakersfield,
California,
April 25,
1979 - Page 3
Councilman Strong made a motion that the nominations for
the three Planning Commission appointments be voted upon in the
order in which they were nominated by a roll call vote. This
motion was unanimously approved.
Councilman Means' nomination of Stephanie L. McCormick,
5401 Lennox Street, #70-H, for appointment to the Planning Com-
mission, term expiring April 17, 1983, was approved by the
roll
Ayes:
Noes:
Absent:
call vote:
Councilmen Ratty,
Payne
Councilman Miller
None
following
Truxtun Avenue,
expiring April
vote:
Ayes:
Noes:
Absent:
Strong, Barton, Christensen, Means,
Councilman Ratty's nomination o£ Joe H. Davis, 2825
for reappointment to the Planning Commission, term
17, 1983, failed to carry by the following roll cal~[
Councilmen Ratty, Miller, Payne
Councilmen Strong, Barton, Christensen, Means
None
Councilman Miller's nomination of Timothy J.
East 18th Street,
term expiring April 17, 1983,
roll call vote:
Ayes: Councilman Miller
Noes: Councilmen Ratty,
Payne
Banks, 315
Absent:
for reappointment to the P~hning Commission,
failed to carry by the following
Strong, Barton, Christensen, Means,
None
Councilman Christensen's nomination of Benjamin D.
2436 Alder Street,
expiring April 17,
vote:
Ayes:
Noes:
Phipps,
for appointment to the Planning Commission, term
1983, was approved by the following roll call
Councilmen Strong, Barton, Christensen, Means, Payne
Councilmen Ratty, Miller
Absent: None
Bakersfield, California, April 25, 1979 - Page 4
Councilman Strong's nomination of Mary L. Jones, 331 -
18th Street, for appointment to the Planning Commission, term
expiring April 17, 1983, was approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Benjamin D. Phipps and ~ary L.
on the Planning Commission for
1983.
Councilmen Ratty, Strong, Barton, Means, Miller, Payne
Councilman Christensen
None
Mayor Hart announced that Stephanie L. McCormick,
Jones have been appointed to serve
a 4 year term expiring April 17,
Upon a motion by Councilman Ratty, the Mayor was requested
to send a letter of appreciation ~o Dr. James L. Frederickson,
Joe H. Davis and Timothy J. Banks for their many years of service
on the Planning Commission.
Councilman Ratty stated that due to the problems formu-
lating next year's budget and in order to have a clear understandi~g
of that budget, he would make a motion that the Budget Review and
Finance Committee's meetings regarding the 1979-80 Fiscal Year
Budget and the Business Development and Parking Committee's meetings
regarding Parking be opened to the public so other members of the
Council can attend.
Assistant City Attorney Oberholzer stated if more than
three Councilmen are present at a meeting it would constitute a
quorum and notice would have to be given calling a special meeting.
Councilman Ratty stated that it was his intent that the
open meetings of the two committees be noticed as special meetings.
After a lengthy discussion regarding the committee system,
Councilmen, who are not members, attending committee meetings and
possible violations of the Brown Act, Councilman Strong offered a
substitute motion that Assistant City Attorney Oberholzer pursue
this subject, in detail, and report back to the Council next week.
The substitute motion was approved with Councilman Means voting in
the negative.
Bakersfield,
California, April 25, 1979 - Page 5
Councilman Barton announced that he appointed Mr. Alan
Klein, 2715 Crest Drive, and Mr. Paul G. Busacca, 3100 Amber Court,
to the Charter Review and Advisory Commission.
Mayor Hart requested that the Council keep in mind that
there is a vacancy on the Fire Department Civil Service Board,
created by the resignation of Eugene Oldershaw.
First reading of an Ordinance of the
Council of the City of Bakersfield
deleting Chapter 1.86 (Housing
Advisory Finance and Appeals Board)
and amending Section 13.04.120 con-
cerning the powers and duties of the
Board of Building Appeals.
Councilman Christensen stated that he has been informed
by Building Director Bidwell that the Housing Advisory Finance
and Appeals Board has outlived its purpose and could be eliminated
since its functions have been absorbed by the Board of Building
Appeals.
Director of Fire & Development Services Needham stated
the Housing Advisory Finance and Appeals Board originally had two
major functions which could be given to the Building Appeals
Board:
1. Appeals for persons who applied for Community
Development Block Grant rehabilitation loans
and for one reason or another were turned
down.
2. Problems by persons with the Redevelopment
Agency's relocation process.
Upon a motion by Councilman Christensen, first reading
was considered given an Ordinance of the Council of the City of
Bakersfield deleting Chapter 1.86 (Housing Advisory Finance and
Appeals Board) and amending Section 13.04.120 concerning the
powers and duties of the Board of Building Appeals, by the following
roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Bakersfield, California, April 25,
1979 - Page 6
Councilman Payne announced that he appointed Mr. David
W. Schieber, 2624 18th Street, and Mr. James Michael Parks, 4401
Christmas Tree Lane, to the Charter Review and Advisory Commission.
Councilman Barton announced that a tentative date of
May 17, 1979, for a Workshop Session with the Planning Commission
has been discussed and if that date meets with everyone's approval
it can be confirmed at next week's Council Meeting.
Councilman Ratty announced that he appointed Mr. Clarence
Westra, 913 Nimrod Court,
Commission.
Apt. C, to the Charter Review and Advisory
REPORTS
Assistant City Attorney Oberholzer reported that the
Washington, D.C. Attorney, retained in conjunction with the County
Counsel, will file a 40 page petition tomorrow, April 26, 1979,
with the Civil Aeronautics Board regarding United Airlines' pull-
out. Basically the petition present two points that pertain to
air transportation needs of the City. If the C.A.B. fails to find,
at this time, that the essential air transportation needs for the
City of Bakersfield will be deprived, then they must prohibit any
suspension or reduction of service by United Airlines. The alter-
native presented in the petition to the C.A.B. is that they may
make an interim or final determination of the essential air
transportation needs. If they find that the present level meets
the air transportation needs of the City of Bakersfield then the
C.A.B. must require the present carrier, United Airlines, to continue
service in Bakersfield for 30 day interim periods. This will
continue until such time as a replacement carrier can be found.
Ultimately the whole issue is going to be a factual determination
of what the essential air transportation needs of Bakersfield are
and that will come from input through the petition and community.
The Attorney
they have expressed an
tatives of Bakersfield.
in Washington has talked to the C.A.B. and
interest in having a meeting with represen-
The C.A.B. would prefer to have the meeting
Bakersfield,
California,
April 25,
1979 - Page
in Washington, D.C., however, the Attorney feels they should come
to Bakersfield and they have expressed a willingness to do that,
if necessary.
City Manager Bergen reported that he attended the
Housing Conference put on by LINKS, Inc., last Saturday, April
12, 1979, which the City of Bakersfield assisted in sponsoring
($750.00). The conference was well attended by the community
and representatives of the Los Angeles office of HUD, and Mr.
Bergen felt that LINKS, Inc., should be commended for their
efforts in bringing together the elements of the community that
can improve housing in this area.
City Manager Bergen read a report on Legislation regarding
Long Range Financing Solution to Proposition 13, as follows:
The State Assembly has before it the McCarthy
and Priolo Plan which is designed to provide
a long-term financing solution to schools and
local governments in light of the passage of
Proposition 13. It proposes to take away the
sales tax currently received by local govern-
ment, which would be used to finance schools
and replace it with the property taxes
currently received by the schools. This con-
cept is particularly disturbing to me, as
local governments would be primarily dependent
on one source of revenue rather than the mix
it currently receives and this one source
would not keep up with the cost increases in
the types of supplies and services government
purchases. This would be very damaging to a
city such as Bakersfield which is experiencing
a great deal of development and growth and
corresponding demand for services. I would
therefore recommend the City Council go on
record as opposing this plan or any other which
would destroy the financing alternatives now
available to local governments.
City Manager Bergen stated that there is a hearing on
this matter in the Legislature tomorrow.
Councilman Means stated he wished the Council had more
information before a decision was made.
Upon a motion by Councilman Barton, the Mayor was re-
quested to send telegrams, tonight, to Assemblyman Donald Rogers,
State Senator Walter Stiern and the League of California Cities
Bakersfield, California, April 25,
1979 - Page 8
Legislative Advocate, expressing opposition to legislation regarding
Long Range Financing Solution to Proposition 13, by the following
roll call vote:
Ayes: Councilmen Ratty,
Payne
Noes: None
Strong, Barton, Christensen,
Miller,
Absent: None
Abstaining: Councilman Means
CONSENT CALENDAR
The
(a)
(b)
(c)
(d)
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 4994 to 5102,
inclusive, in the amount of $528,061.70.
Application to Present Late Claim for
Damages and Personal Injuries from Robert
Willis, c/o Peter J. Rensel, Attorney at
Law, 1415 - 18th Street, Suite 706,
Bakersfield. (Refer to City Attorney)
Claim for Damages from State Farm Mutual
Automobile Insurance Company on behalf
of Emilio Castro, 220 East 6th Street,
Bakersfield. (Refer to City Attorney)
Map of Tract No. 3762, located on the
east side of New Stine Road between
Demaret Avenue and Gorham Way.
(e)
Improvement Agreement for Parcel Map No.
4104, Parcels 15 and 16, with Vic Gifford
for construction of improvements required
by the Planning Commission, located east
of Gibson Street, south of Rosedale High-
way.
(f)
Map of Tract No. 4~62 and Improvement
Agreement with The Mobilhome Corporation
for construction of improvements therein,
located north of Auburn Street, between
Oswell Street and La Costa Street.
(g) Notices of Completion and Acceptance of
Work for:
Tract No. 3853-B, Contract No. 78-97
with Highlands Real Estate Corporation,
located at Panorama Drive and Ironwood
Way.
Wheelchair Ramps in the Downtown and Civic
Center Areas, Contract No. 79-40 with
Charles I. Cunningham Company.
Bakersfield, California, April 25,
1979 - Page 9
(h)
Application for Encroachment Permit from
Renaissance Gallery, 616 - 18th Street,
for placement o£ half-barrel planters and
bicycle rack along front of building at
616 - 18th Street.
Plans and Specifications for Pacheco
Greenbelt and Wilson Park Underdrain
Systems.
(J)
Resolution of Intention No. 943 of the
Council of the City of Bakersfield,
declaring its intention to order the
abandonment of the Dedication of Vehicular
Access Rights from Lots 3 and 6 of Tract
No. 2963 to New Stine Road, in the City
of Bakersfield, and setting Wednesday,
May 16, 1979 for hearing on the matter
before the Council.
Councilman Miller requested that Item (f) of the Consent
Calendar be considered separately.
Councilman Payne requested that Item (j) of the Consent
Calendar be considered separately.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (g), (h) and (i) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Councilman Miller stated that in regards to Item (f), of
the Consent Calendar, the Council should be aware that some of the
lots in this tract are smaller than minimum size and it is important
to know that this type of development is taking place in the
community.
Upon a motion by Councilman Miller, Item (f) of the
Consent Calendar, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Bakersfield, Cali£ornia, April 25, 1979 - Page 10
Ayes:
Noes:
Absent:
Councilman Payne asked, in regards to Item (j) of the
Consent Calendar, exactly where the property is located and why
this action is being taken.
Director of Public Works Hawley, stated the property is
located along New Stine Road, south of Stockdale Highway. At the
time the property was developed, as a subdivision, the property
owners dedicated the access rights along New Stine Road. Over the
years driveways were permitted to exit onto New Stine Road and this
action would legalize those existing driveway accesses.
Upon a motion by Councilman Payne, Item (j) of the Consent
Calendar, was adopted by the following roll call vote:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
None
None
ACTION ON BIDS
Upon a motion by Councilman Miller,
bid of Phelps Dodge
Communications Company for Antenna and Cables as part of the
Police Department's Microwave Project, was accepted and the other
bid rejected.
Upon a motion by Councilman Strong, low bid of Granite
Construction Company for construction of California Avenue between
Union Avenue and South King Street, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Kaweah
Construction Company for construction of Kern River Canal Diversion
Structure, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
NEW BUSINESS
First reading of an Ordinance o~ 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 Panama
No. 2 Annexation.
Bakersfield, California, April 25, 1979 - Page ll
This ordinance would zone upon annexation that certain
property in the County of Kern located on the northwest corner of
Panama Lane and Wible Road, to an R-1 (One Family Dwelling) and
MH (Mobilehome), or more restrictive Zones.
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 Panama No. 2 Annexation.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the southeast
corner of White Lane and Stine Road.
Gibson
Zone to an M-1-D
more restrictive Zone.
is being placed on this
Planning Commission.
The application for this amendment was made by John
and would change subject property from an "A" (Agricultural)
(Light Manufacturing - Architectural Design), or
The application of the "D" Design Overlay
zoning on the recommendation of the
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 southeast corner of White Lane and
Stine Road.
Adoption of Resolution No. 34-79 of
the City Council of the City of
Bakersfield authorizing the taking
of property by Eminent Domain and
finding necessity therefor.
This acquisition is essential to acquire the right-of-way
approved extension of Truxtun Avenue. The City's offer to
for the
purchase was rejected by a representative for part of the owners.
Negotiation is almost impossible without condemnation because there
are 32 ownership interests scattered through five states.
After considerable discussion, upon a motion by Councilman
Miller, Resolution No. 34-79 of the City Council of the City of
89
Bakersfield, California, April 25, 1979 - Page 12
Bakersfield authorizing the taking of property by Eminent Domain
and finding necessity therefor, was adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Adoption of Resolution No. 35-79 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield, identi-
fied as Annexation No. 278, Stockdale
No. ll.
This is an uninhabited annexation containing approximately
8 acres of vacant land located northerly and adjacent to Stockdale
Highway, easterly of the County Fire Station and westerly of the
new development known as Los Portalas.
Upon a motion by Councilman Ratty, Resolution No. 35-79
of Application of the Council of the City of Bakersfield proposing
proceedings for annexation of territory to the City of Bakersfield,
identified as Annexation No. 278, Stockdale No. ll, was adopted and
referred to the Public Works Department and City Attorney for sub-
mittal to LAFCO by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
HEARINGS
This is the time set for continued public hearing before
the Council for hearing protests by persons owning real property
within territory designated as "Pacheco No. 9," proposed to be
annexed to the City of Bakersfield.
This hearing was duly advertised and the property owners
were notified as required by law. This hearing was continued from
the Council Meeting of April ll, 1979.
Bakersfield,
California, April 25, 1979 - Page 13
This is an uninhabited annexation containing 216 ~ acres
of land located in the vicinity of Pacheco Road and South "H"
Street.
Written protest, amount to ?3% of the assessed valuation
of the land and improvements, has been filed by Atlantic Richfield
Company, 4121 South "H" Street.
Upon a motion by Councilman Ratty, continued public
hearing before the Council for hearing protests by persons owning
real property within territory designated as "Pacheco No. 9,"
proposed to be annexed to the City of Bakersfield, was continued
until the Council Meeting of May 9, 1979, by the following roll
call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
This is the time set for public hearing before the
Council on an Appeal by Mr. Luther Davis, Jr. to the decision of
the Board of Zoning Adjustment regarding his application for a
Modification of an R-1 (One Family Dwelling) Zone to permit a
reduction of the 25-foot required front yard setback to 3~ feet
and the elimination of the 5-foot required side yard on that
certain property commonly known as 1601 Dorian Drive.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The applicant is requesting the modification to legalize
an existing 20 by 25-foot metal carport
foot front yard setback area.
A letter was received from Mr.
Drive, encouraging the Council to grant
pation.
constructed within the 25-
Bob Crafton, 1602 Dorian
the modification.
Mayor Hart declared the hearing open for public partici-
Bakersfield, California, April 25, 1979 - Page 14
91
Mr. Mike Daleo, property owner of 1605 Dorian Drive,
requested the Council to grant the modification to Mr. Davis.
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 Barton, Zoning Resolution
No. 266 granting Modification of the Land Use Zoning Ordinance of
the City of Bakersfield to permit a reduction of the 25-foot
required front yard setback to three and one-half feet: and the
elimination of the five-foot required side yard setback on that
certain property commonly known as 1601 Dorian Drive, was adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:00 P.M.
M~kV4k~of the City of Bakersfield, Calif.
ATTEST:
CITY -Officio Clerk of the Council
of the City of~Bakersfield, California
ma
,9'2
Bakersfield, California, May 2, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., May 2, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Director of Public
Works Dale Hawley.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Strong, Barton, Christensen,
Means, Miller, Payne, Ratty
Absent: None
Minutes o£ the regular meeting of April 25,
approved as presented.
1979 were
PRESENTATION OF RETIREMENT PLAQUES
Mayor Hart presented a retirement plaque to Mr. Paul L.
Brad£ord, who completed 30 years of service with the Police Depart--
ment of the City of Bakersfield, effective April 29, 1979.
Mayor Hart presented a retirement plaque to Mr. John
Gordon, who completed 29 years of service with the Police Depart-
ment of the City of Bakersfield, effective April 28, 1979.
Mayor Hart presented a retirement plaque to Mr. Larry J.
Pasquini, who completed 22 years of service with the Police Depart-
ment of the City of Bakersfield, effective April 29, 1979.
SCHEDULED PUBLIC STATEMENTS
Mrs. Dorothy Pfeifer, 131La Mesa Drive, presented the
Council with copies of an article that appeared in the Los Angeles
Times on April 26, 1979, entitled "Group Winning Elections - Hayden:
The Sweet Smell of Success" by Kenneth Reich. Mrs. Pfeifer stated
she wanted the Council to be aware of the article and, if it is
true, it frightens her that there is a pressure group working
outside the City who is meddling in hometown politics. Mrs.
P£ei£er also requested to talk to her Councilman regarding the
implications of this article.
Bakersfield, California, May 2, 1979 - Page 2
93
Councilman Christensen stated that after he reads the
article he will contact Mrs. Pfeifer.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Southern California Edison Company, dated April 24, 1979,
regarding Parcel Map No. 5358, was received and referred to the
Planning Department.
Upon a motion by Councilman Barton, communication from
Moreland Engineering, Inc., dated April 27, 1979, requesting an
appeal to the decision of the Planning Commission who denied
approval of Tentative Tract No. 4182, was received and Wednesday,
1979, was the date set for hearing the appeal before the
May 16,
Council.
Upon a motion by Councilman Ratty, communication from
Lawton Powers, dated May 1, 1979, requesting abandonment of a
portion of 40th Street, east of Chester Avenue, was received and
referred to the Planning Commission for study and recommendation.
COUNCIL STATEMENTS
Councilman Ratty stated that he plans to nominate Harvey
L. Hall, President of Hall's Ambulance Service, to fill the
vacancy on the Fire Department Civil Service Board; and made a
motion that action on this matter be held over until the Council
Meeting of May 16, 1979. This motion was unanimously approved.
Councilman Miller stated that he plans to nominate Janice
Banducci to fill the vacancy on the Fire Department Civil Service
Board.
Councilman Means announced that he appointed Elaine
Murphy, 1919 Truxtun Avenue, to the California Avenue Park Neighbor--
hood Facility Citizens Advisory Committee.
Councilman Means announced that he appointed Mr. Ray
Geigle, 5114 Laguna Street, to the Charter Review and Advisory
Commission.
'94
Bakersfield, California, May 2, 1979 - Page 3
Councilman Means stated that perhaps more notice should
be given to the public regarding the motion he is going to make,
however, since budget preparations are beginning and the Council
should set policies so the staff has an idea how the Council
feels, he would make a motion that the Garbage Tax be repealed
as of July 1, 1979, and the budget prepared accordingly.
Councilman Miller stated that in the future items of
this magnitude should be placed on the agenda to give the other
Councilmen ample time for all considerations and necessary research.
Councilman Means' concern regarding the Garbage Tax is appreciated,
however, it is hoped that he appreciates the concern in being able
to make a wise and prudent decision at a moments notice, and for
that reason will vote no on the motion.
Councilman Ratty stated the way the motion was expressed
indicated that Councilman ~eans has a feeling that the City has
the money and he does not know where the City is financially.
Budget time is very close and the only reasonable thing to do is
wait until the Manager's budget is presented and then, if there
are questions or surpluses it can be discussed rationally.
Councilman Strong stated he does not intend to support
the motion. It is so close to budget time that it would be pre-
mature to take such drastic action at this time. Councilman
Strong offered a substitute motion that the subject of repealing
the Garbage Tax be deferred until such time as the Council can
review the draft of the preliminary budget.
Councilman Barton stated he can support Councilman Means'
concept, if more documentation was available; however, until such
time as the Budget Review and Finance Committee can come back to
the Council with information that indicates that with good budgetary
practices the Garbage Tax can be eliminated, he would have to
support Councilman Strong's substitute motion.
95
Bakersfield, California, May 2, 1979 - Page 4
Councilman Strong's substitute motion that the subject
of repealing the Garbage Tax be deferred until such time as the
Council can review the draft of the preliminary budget, carried
by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne,
Ratty
Noes:
Absent:
Councilman Means
None
Councilman Ratty stated at
today's Planning Commission
meeting a Mr. Law, representing the developer of the property
around Mervyn's Department Store on California Avenue, offered to
donate a traffic signal to the City to aid their business. This
is an outstanding offer, especially with the rapid sprawl of
shopping centers creating traffic congestion. Councilman Ratty
requested that the Planning Commission and staff investigate the
possibility of other persons donating taffic signals around the
shopping areas, especially the Stockdale area.
Councilman Barton introduced Scott Frank, Chairman of
the State Water Commission and reminded the Council that tomorrow,
May 3, 1979, at 10:30 A.M. in the Kern County Water Agency's Office,
the State Water Commission will begin workshops and hearings.
Councilman Barton announced that on Thursday, May
1979 at 7:00 P.M. in the Council Chambers of City Hall the Council
will hold a Planning Workshop and the staff was requested to notify
the members of the Planning Commission and news media and place a
notice in the newspaper.
Councilman Barton requested that each Councilman be
provided with a copy of Mason's Manual of Legislative Procedure,
even if they are out of date editions.
City Attorney Hoagland stated that each Councilman should
also have copies of the ordinance governing procedures at Council
Meetings.
96
Bakersfield,
California, May 2, 1979 - Page 5
Councilman Miller requested that the Council establish
rules so that a Council Committee Meeting could be taped and that
the necessary equipment be furnished. Councilman Miller suggested.
that a decision on this subject be made next week.
Mayor Hart announced that he appointed Mr. Hugh Sill,
St., 1809 Beech Street, to the Charter Review and Advisory Com-
mission.
REPORTS
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, read Report No. 3-79 regarding Bakersfield
Airpark, as follows:
At the Intergovernmental Relations Committee
meeting on April 25, 1979, the Committee agreed
to recommend to the City Council a Resolution
supporting the acquisition of the Bakersfield
Airpark by a public agency. The following
Resolution is recommended for adoption by the
City Council:
A Resolution of the Council of the
City of Bakersfield supporting the
acquisition of the Bakers£ield Air-
park by a public agency.
WHEREAS, the City of Bakersfield, County of
Kern and the Federal Aviation Administration
funded a site evaluation study to determine
whether an airport was needed in the south
Bakersfield area; and
WHEREAS, the study, performed by R. Dixon Speas
Associates, Inc., determined that an airport
is needed in the south Bakersfield area; and
WHEREAS, the report performed by R. Dixon Speas
Associates, Inc., determined that the present
Bakersfield Airpark location is the most
desirable site for said airport; and
WHEREAS, public funds not otherwise available
for the development and operation of Bakers-
field Airpark would be available if owned by
a public agency; and
WHEREAS, the City seeks to have a Master Plan
Study performed determining the financial
feasibility of development of the Bakersfield
Airpark; and
WHEREAS, the City has made application to the
Federal Aviation Administration for a grant to
fund the Master Plan Study, but funds for such
study are reportedly not available at this
time; and
Bakersfield, California, May 2,
1979 - Page 6
WHEREAS, a number of individuals, businesses
and industries are interested in the potential
for future development in the Bakersfield Air-
park area and desire to know the future plans
for the continued operation and improvement
of the airport.
WHEREAS, the City Council desires to make their
position known to these interested parties.
NOW, THEREFORE, BE IT RESOLVED that the City
of Bakersfield fully supports ownership of the
Bakersfield Airpark by a public agency so as
to make said Airpark development and operation
available for Federal and State funding, thereby
assuring its continued operation and improve-
ment.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 3-79 regarding Bakersfield Airpark,
was accepted.
Adoption of Resolution No. 36-79 of
the Council of the City of Bakers-
field supporting the acquisition of
the Bakersfield Airpark by a public
agency.
Upon a motion by Councilman Ratty, Resolution No. 36-79
of the Council of the City of Bakersfield supporting the acquisition
of the Bakersfield Airpark by a public agency, was adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
City Attorney Hoagland presented a report from Assistant
City Attorney Oberholzer regarding the Impact of the Brown Act on
Attendance by Other Council Members at Committee Meetings, as follows:
QUESTION: Does the attendance of a fourth
Council Member at a Council Committee
Meeting require that a meeting be
noticed, open and public?
ANSWER: Yes.
ANALYSIS: I Ralph M. Brown Act:
In simple terms, the Brown Act requires meetings
of governmental bodies to be open and public
without any restriction on the right of the
public to attend. There are specific exceptions
Bakers£ield, California, May 2, 1979 - Page 7
to the open public meeting requirements of the
Brown Act. For example, executive or personnel
sessions from which members of the public and
press are barred may be held during a regular
or special meeting under certain circumstances.
These closed meetings may involve employment
or dismissal of an employee, pending or antici-
pated litigation, matters posing a threat to
security of public buildings or matters re-
garding salaries prior to or during negotia-
tions. Under certain circumstances, committees
of the City Council are excluded from the
requirements of an open and public meeting, as
will be discussed in the following paragraphs.
There is often a misunderstanding that the
open meeting requirements of the Brown Act
apply only to meetings where action is to be
taken and/or a decision is to be made by the
governing body. Perhaps this misunderstanding
comes about because the Brown Act provisions
provide criminal penalties to members of the
governing body when they knowingly meet for
purposes of "taking action" in violation of
the Act. There are other circumstances when
nonpublic meetings are in violation of the
Brown Act but impose no criminal penalty on the
members. In substance, the Brown Act provides
that any meeting held to exchange information
and ideas with a view toward obtaining a
general consensus, which in turn could provide
the basis for action by the legislative body,
must be an open and public meeting with notice.
Another way of stating this requirement is
that a meeting at which information is dis-
seminated for a specific purpose, which may
provide the basis for action by a majority of
the legislative body (Council) at its regular
meeting, would fall within the purview of the
Brown Act.
II Establishment of Committees:
The City of Bakersfield is a Charter City.
The Charter establishes a Council/Manager form
of government. Only the City Council is vested
with legislative powers. The exercise of these
powers must be at noticed, open and public
meetings. The City Manager is responsible for
the general supervision and direction of the
administrative operations of the City and takes
his direction from the City Council.
The City Council has established a number of
Council committees consisting of three Council-
men. These committees do not divest the
Council of any of its legislative powers or
duties. The committees are only advisory to
the Council. They can neither legislate,
direct nor supervise City business. Committees
are only empowered to report their findings
and recommended action to the Council. The
City Council is under no obligation to accept
or even act on the recommendation of any
committee.
99
Bakersfield, California, May 2,
1979 - Page 8
III Council Committees Specifically Exempted:
Specifically excluded from the open and public
meeting requirements of the Brown Act is "a
committee composed solely of members of the
governing body of a local agency which are
less than a quorum of such governing body."
Government Code §54953.2. The various Council
Committees fall within this exemption only
because they are composed of three members o£
the Council. In essence, this exemption allows
the Committees to meet in private without notice
to the public. The exemption is lost if a
fourth member attends the meeting. Although
the fourth member is not a member of the com-
mittee, his presence could result in an
"exchange of information and ideas" which
could result in providing a basis for a majority
action of the Council without a full discussion
at the open and public Council meeting.
Thus, in order for a fourth Council member to
attend a Council Committee meeting, the meeting
would have to be noticed with an agenda, and
be open and public. This, of course, does not
mean that the public must be allowed to make
inputs at the meeting; but the public must be
allowed to attend and must receive notice of
the meeting. The conclusion is applicable even
though the committee report to the Council does
not include the conclusions or opinions of the
fourth Council member who might attend. The
same requirements are applicable to a so-called
study-session attended by the Council members.
IV Social Engagements Attended by ~ore Than
~hree Council Members:
It should be noted that mere social attendance
by a majority of the Council at luncheons,
dinners, or cocktail parties given by civic
or other social organizations, etc. does not
constitute a meeting subject to the Brown Act.
However, luncheon or dinner meetings of Council
members for the purpose of a decision or deli-
beration covering public business falls within
the purview of the Brown Act. On the other hand,
it has been held that meetings of Council
members with other municipal, county or state-
wide legislative bodies or officials for the
discussion of matters of common interest,
wherever held, do not fall within the require-
ments o£ the Brown Act. (Linton v. City Council,
Merced S.Ct.No. 37039.)
Upon a motion by Councilman Strong, report from Assistant
City Attorney Oberholzer regarding the Impact of the Brown Act on
Attendance by Other Council Members at Committee Meetings, was
received and ordered placed on file.
100
Bakersfield, California, May 2, 1979 - Page 9
Councilman Ratty made a motion that public notification
be given so that the Budget Review & Finance Committee and Busines~s
Development & Parking Committee meetings could be attended by
other Council members. After a lengthy discussion Councilman
Ratty withdrew the motion.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 5-79 regarding Additional
Personnel for California Avenue Park, as follows:
For the last few months the Governmental
Efficiency and Personnel Committee and
Auditorium-Recreation Committees have been
concerned about the unusual amount of violence
at California Avenue Park. The California
Avenue Park Citizen's Advisory Committee was
equally concerned and therefore set up an ad
hoc committee of concerned citizens to look
into this problem.
Several meetings were recently held in the
California Avenue Park Neighborhood Facility
at which time the staff and Councilmen Strong
and Christensen were in attendance. As a
result of these meetings, it was quite evident
that the City apparently is not providing
adequate supervision to handle all areas of
the park. The Recreation Building itself is
not a major problem, however, the activities
that are taking place elsewhere in the park
are apparently the breeding ground for the
recent upsurge of violence.
At the present time there are only two full-
time professional employees assigned to the
park. The citizen's ad hoc committee is of
the opinion that if the park were better
supervised, these problems could be signi-
ficantly reduced.
The Governmental Efficiency and Personnel
Committee is in complete agreement with this
idea and is therefore recommending Council
approval of two additional Community Center
Leader positions at an annual cost to the
City of $31,000. In order to fund these two
positions for the remainder of Fiscal Year
1978-79, we are also recommending Council
approval of a $3,500 budget transfer from
the Council Contingency Fund to the California
Avenue Park Neighborhood Facility Fund.
Councilman Miller requested that statistics be brought
back to the Council to determine if this endeavor was successful
in reducing the crime rate.
Bakersfield, California, May 2, 1979 - Page
101
Councilman Strong stated he would be very happy to
report back to the Council on the results of this action.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 5-79 regarding Additional
Personnel for California Avenue Park, was accepted; and recommenda-
tions as outlined in the report, were approved, by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Director of
Fire & Development Services Needham reported
that a matter has been brought to the staff's attention with
regards to the use of a business at 2216 "N" Street, which under
the existing ordinance is not permitted. After studying the
problem it is staff's opinion that there may be other alternatives
than to simply deny the use. It is an automotive parts business
which is doing automotive machine work in a zone where it is not
permitted. It is requested that this matter be referred back to
the Planning Commission for study and recommendation.
Upon a motion by Councilman Ratty the matter of an
automotive parts business, located at 2216 "N" Street, doing
automotive machine work in a zone where it is not permitted, was
referred to the Planning Commission for study and recommendation.
CONSENT CALENDAR
Councilman Payne stated that due to a real or imaginary
conflict of interest he would abstain from voting on Item (c) of
the Consent Calendar
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5103 to 5167,
inclusive, in the amount of $875,640.10.
(b) Sewer Line Easement from Hull & Associates,
across Lot 13 of Tract No. 3513 to provide
sewer service to property at the southwest
corner of Panorama Drive and Columbus
Street.
102
Bakersfield,
California, May 2,
1979 - Page ll
(c)
Improvement Agreement for Parcel Map No.
4104 with Watson Realty Company for
construction of improvements therein,
required by the PIanning Commission,
located south of Rosedale Highway, east
of Gibson Street.
(d)
Notice of Completion and Acceptance of
Work for construction of Security
Lighting for Quailwood Park, Contract
No. 78-91 with Dean Clark & Son. The
Public Works Department recommends a
124 day extension of time due to delays
in equipment deliveries and installation
of electrical service.
(e)
Application for Encroachment Permit from
Lee P. Farrell, 2201 Sunset Avenue, for
construction of 4 foot chain link fence
at back of sidewalk, 6" into City right-
of-way, at 2201 Sunset Avenue.
(f)
Plans and Specifications for Resurfacing
and Improving portions of Columbus Street,
New Stine Road and Wible Road.
(g)
Request from Warner Cable of Kern County
for extension of time until May 13, 1979,
for completion of Underground District No.
5 (New Stine Road).
(h)
Request from Pacific Telephone Company
for extension of time until July 31, 1979,
for completion of Underground District
No. 6, Division 2 (Truxtun Avenue).
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Abstaining: Councilman Payne on Item (c)
ACTION ON BIDS
Upon a motion by Councilman Barton, bid of General
Seating Company for Park Bench Material, was accepted.
DEFERRED BUSINESS
Adoption of Ordinance No. 2494 New
Series of the Council of the City of
Bakersfield repealing Chapter 1.86
and amending Section 13.04.120 by
adding Subsection (d) and amending
Section 13.28.110 concerning the
powers and duties of the Board of
Building Appeals.
Bakersfield, California, May 2, 1979 - Page
103
Upon a motion by Councilman Barton, Ordinance No. 2494
New Series of the Council of the City of Bakersfield repealing
Chapter 1.86 and amending Section 13.04.120 by adding Subsection
(d) and amending Section 13.28.110 concerning the powers and
duties of the Board of Building Appeals, was adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Adoption of Ordinance No. 2495 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Chapter 17.12 (Zoning Map) of the
Municipal Code of the City of Bakers-
field, regarding property known as
Panama No. 2 Annexation.
This ordinance zones upon annexation that certain
property in the County of Kern located on the northwest corner of
Panama Lane and Wible Road, to an R-1 (One Family Dwelling) and MH
(Mobilehome) Zones.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2495 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 Panama No. 2 Annexation, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Adoption of Ordinance No. 2496 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 southeast corner of White Lane
and Stine Road.
Bakersfield, California, May 2, 1979 - Page 13
The application for this amendment was made by John
Gibson and would change subject property from an "A" (Agricultural)
Zone to an M-1-D (Light Manufacturing - Architectural Design) Zone.
The application of the "D" Design Overlay was placed on the zoning
on the recommendation of the Planning Commission.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2496 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 southeast corner of White Lane and Stine Road, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton,
Payne, Ratty
Noes: None
Absent: None
Christensen, Means, Miller,
Adoption of Resolution No. 37-79 of
the Council of the City of Bakers-
field making finding that a sufficient
protest has been made to require an
election and ordering the territory
designated as Annexation No. 273
(Union Avenue No. 9) annexed to the
City of Bakersfield subject to the
confirmation of the voters on the
question.
Government Code Sections 35228 and 35230 require that
where there is more than a 25% but less than a 50% protest, the
City annex subject to confirmation by the voters and call an
election. The protest filed by the registered voters residing in
the area amounted to 36.43% and this resolution orders the calling
of an election.
Upon a motion by Councilman Barton, Resolution No. 37-79
of the Council of the City of Bakersfield making finding that a
sufficient protest has been made to require an election and
ordering the territory designated as Annexation No. 273 (Union
Avenue No. 9) annexed to the City of Bakersfield subject to the
105
Bakersfield, California, May 2,
1979 - Page 14
confirmation of the voters on the question, was adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton,
Payne, Ratty
Noes: None
Christensen, Means,
Miller,
Absent: None
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
changing the name of a portion of
Arlana Street to Chester W. Nimitz
Street.
A request from Golden Empire Development Company to
change street within Tract No. 3828 from Arlana Street to Chester
W. Nimitz Street was considered and approved by the Planning Com-
mission on March 31, 1979. The two tracts involved are owned by
two parties only, and each is in agreement.
This request for a street name change was approved by
the Council at the meeting of April 18, 1979.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield changing the name of a portion
of Arlana Street to Chester W. Nimitz Street.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 3279
through 3311 Chester Lane.
This amendment to the Zoning Ordinance was initiated by
the Planning Commission and would change subject property from an
R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family
Dwelling - Architectural Design), or more restrictive Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield commonly known as 3279 through 3311 Chester
Lane.
106
Bakersfield,
California, May 2, 1979 - Page 15
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the southeast
corner of Hughes Lane and Fairview
Road.
The application for this amendment was made by Frank
St. Clair and would change subject property from an MH (Mobile-
home) Zone to an R-1 (One Family Dwelling), or more restrictive
Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the southeast corner of Hughes Lane and
Fairview Road.
Approval of Agreement with Book
Publishing Company and Budget Transfer
from the Council Contingency Account
to the appropriate City Clerk's
Account, in the amount of $17,500
for recodifying and republishing the
Municipal Code of the City of Bakers-
field.
This transfer is necessary to provide funds for the
recodification and publication of 200 copies of the Municipal Code
of the City of Bakersfield. The last time this was done was in
1960 and there are only a few copies remaining in stock. This
company with the assistance of the City Attorney will update the
code to reflect court decisions, State law and Constitutional
requirements.
Upon a motion by Councilman Payne, Agreement with Book
Publishing Company, was approved and the Mayor was authorized to
execute same; and Budget Transfer from the Council Contingency
Fund to the appropriate City Clerk's Account, in the amount of
$17,500, was approved.
HEARINGS
This is the time set for continued public hearing before
the Council on an Appeal by Moreland Engineering, Inc., acting on
Bakersfield, California, May 2, 1979 - Page 16
107
behalf of Highlands Real Estate Corporation, to the decision of
the Planning Commission denying their application to change the
zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D.
(Planned Unit Development) Zone, affecting those certain properties
in the City of Bakersfield commonly known as 3100 and 3200 Blocks
of La Costa Street (odd only).
This hearing was duly advertised and the property owners
were notified as required by law. This hearing was continued from
the Council Meeting of April 4, 1979.
Letters have been received from Judy & Riley M. Middleton,
3205 Heisey Street, and Donald J. & Joanne Border, 4612 Brewer
Avenue, expressing opposition to the P.U.D. zoning.
The Planning Commission, by a majority vote, denied the
request for a P.U.D. zone.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Steve Lameran, 3208 Heisey Street, representing an
ad hoc committee of homeowners in the area, presented a petition
containing approximately 200 signatures of residents of the area
requesting that the Council uphold the decision of the Planning
Commission by denying the request for P.U.D. zoning. ~r. Lameran
stated that this type of zoning would tend to
congested traffic situation in the area.
Mr. Robert Small, 3512 La Costa
to the P.U.D. zoning.
Mr. Lee Landes,
to the P.U.D. zoning.
Mr. John Giumarra, Jr., President of Highlands Real
Estate Corporation, speaking in favor of the P.U.D. zoning, stated
that subject property is compatible to the multiple family housing
on the south and west and La Costa Street is a major traffic
arterial designed for four leanes of traffic and two lanes of
aggreviate an already
Street, spoke in opposition
3204 La Costa Street, spoke in opposition
108
Bakersfield, California, May 2, 1979 - Page 17
parking. Mr. Giumarra explained, in detail, the development plans
for this property and requested that the Council grant the P.U.D.
zoning.
No further 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.
Councilman Strong stated that the proposed P.U.D. zoning
seems to be the only reasonable and compatible zoning, inasmuch as
multiple family dwellings are to the south and directly across the
street. He also stated that if anything else was being proposed
he would vote against it.
Upon a motion by Councilman Miller, Zoning Resolution
No. 267 denying application of Highlands Real Estate to amend
Title Seventeen of the Bakersfield Municipal Code by changing the
Land Use Zoning of that certain property in the City of Bakersfield
commonly known as the 3100 and 3200 Blocks of La Costa Street (odd
only), was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller,
Noes: Councilmen Strong, Ratty
Absent: None
Council,
adjourned at 9:55 P.M.
ADJOURNMENT
There being no further business to come
upon a motion by Councilman Christensen,
Payne
before the
the meeting was
MAYORe'field ,
Calif.
ATTEST:
CIT~CLER a~fficio Clerk of the Council
of the City of ~akersfield, California
ma
Bakersfield,
California, May 9, 1979
109
Minutes o£ 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., May 9, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Director of Public
Works Dale Hawley.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Barton,
Miller,
Absent:
Councilman Ratty
Christensen, Means,
Payne, Strong
Minutes o£ the regular meeting of May 2, 1979 were
approved as presented.
PRESENTATION OF RETIREMENT PLAQUES
Mayor Hart presented a retirement plaque to Mr. James
B. Owens, who completed 30 years of service with the Public Works
Department of the City of Bakersfield, effective April 3, 1979.
Mayor Hart presented a retirement plaque to Mr. Johnnie
B. Jones, who completed 23 years of service with the Public Works
Department of the City of Bakersfield, effective May l, 1979.
SCHEDULED PUBLIC STATEMENTS
Mrs. Patt Keith, President of the Downtown Business
Association, 1408 - 17th Street, commended the Council for their
support during the last l0 years and presented a report on the
Downtown Improvement District.
Mrs. Anne Monroe, 3991 Marella Way, spoke in opposition
to the Garbage Tax.
COUNCIL STATEMENTS
Mayor Hart announced that tomorrow, May 10, 1979, at
9:00 A.M., the Civil Aeronautics Board will hold hearings in the
Kern County Board of Supervisors' Chambers regarding United Airlines'
pullout.
Mayor Hart stated he received a bulletin that Pacific
Gas & Electric Company is considering building coal burning power
plants in the Sacramento valley and the Council may wish to pursue
this issue.
110
Bakersfield, California, May 9, 1979 - Page 2
Mayor Hart stated the City of Bakersfield's sister city
Wakayama, Japan, presented several valuable gifts to this City
at the time the Civic Auditorium was dedicated. Wakayama will be
dedicating their new Civic Auditorium, in the near future, and
Mayor Hart requested Council approval of an amount not to exceed
$1,000.00 for the purchase of a replica of the Liberty Bell,
which will be built in White Chapel London, by the descendants of
the persons who cast the original in 1776.
Councilman Payne read a letter from Village Green Home-
owner's Association, 5400 Kirkside Drive #D, as follows:
Bakersfield City Counci~
1501Truxtun Avenue
Bakersfield, California 93301
Attn: Thomas Payne
Dear Mr. Payne:
The Village Green Homeowners' wish to thank you
and the other members of the City Council for
your consideration on our behalf in working out
the problems involving development of the
property at Ming and New Stine Roads.
Regarding the nine conditions of acceptance of
rezoning the easterly and northerly portions
of said property (see minutes of City Council
meeting 4/18/79) we respectfully request the
following:
A bond or covenant for guarantee o£ main-
tenance on landscaped area on Kirkside
Drive that will be binding on respective
owners in perpetuity.
Village Green homeowners have withdrawn
their request to have "No Parking" signs
posted on the north side of Kirkside Drive,
but wish to keep the option to have the
posting done at a future date if we deem
it necessary.
Village Green homeowners to be notified,
by mail, should any proposal to open the
wall on Kirkside Drive comes before the
City Council and/or the City Planning
Commission.
Not a condition of rezoning, but of vital interest
to Village Green, would by any change in plans
for the design and functional type o£ construc-
tion of the subject area recently rezoned "C-2."
Sincerely,
Donald F. Brayton
President-Board of Governors
Elizabeth Tregoning
Member-Village Green Homeowner's
Association.
Bakersfield,
California, May 9, 1979 - Page 3
111
Councilman Payne also read a copy of a letter addressed
to Kern County Supervisor Trice Harvey from the Westminster United
Presbyterian Church, dated Apri~ 30, 1979, regarding a possible
traffic problem on Parker Avenue after installation of traffic
signals on Stine Road and Ming Avenue.
Councilman Payne made a motion that the correspondence
from Village Green Homeowner's Association and Westminster United
Presbyterian Church, be received and referred to staff for appropriate
action. This motion was unanimously approved.
Councilman Strong made a motion that the Mayor's request
for a sum not to exceed $1,000.00, for purchase of a replica of
the Liberty Bell for Wakayama's new Civic Auditorium, be approved.
Councilman Miller offered a substitute motion that the
Mayor's request for $1,000.00 for a gift to Wakayama be held over
until next week and placed on the agenda in order to allow the
Council time to consider other appropriate gifts. This substitute
motion was approved with Councilmen Christensen and Strong voting
in the negative.
Councilman Strong announced that he appointed Mr. Gabriel
W. Solomon, 22 "P" Street, and Mr. Carey Scott, 615 California
Avenue, to the Charter Review and Advisory Commission.
Councilman Barton requested the staff to furnish a map
at next week's meeting showing the City property the North of the
River Recreation District has requested LAFCO to remove from their
area.
Councilman Barton stated the staff has furnished each
Councilman with a copy of the ordinance regarding procedures at
meetings and the only available copy of Mason's Manual of Legis-
lative Procedure will be placed in the office set aside for Council
use.
Councilman Means stated he would oppose the coal burning
power plants being proposed by Pacific Gas & Electric Company for
the Sacramento valley and possibly at a later date the Council
could make some reco~nendations.
112
Bakersfield, California, May 9, 1979 - Page 4
Mayor Hart requested that the City Manager pursue this
matter to determine exactly what the situation is and report back
to the Council.
Mayor Hart asked Councilman Means if he had made his
second appointment to the Charter Review and Advisory Commission,
because the first meeting has been scheduled as directed by the
Council. Councilman Means indicated that he would make that
appointment tomorrow and inform the City Clerk's office.
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 1-79 regarding Audit of City
Financial Records for 1978-79, as follows:
The Council has referred to this Committee
letters from three Certified Public Accounting
firms regarding the audit of the City's
financial records for the ].978-79 fiscal year--
Carpenter, Kuhn & Williams, Elmer Fox, West-
heimer & Co., and Ruppel & Nunneley.
The Committee met with representatives of
Carpenter, Kuhn & Williams and Elmer Fox,
Westheimer & Co. The third firm, Ruppel &
Nunneley, indicated that now due to other
commitments they would not be able to staff
the audit.
The discussions centered around audit approach,
audit techniques, qualifications of personnel
proposed to work on the audit and in particu-
lar, audit independence. Based on these
discussions, we would recommend the firm of
Elmer Fox, Westheimer & Co. be retained to
audit the City's financial records. It is our
feeling it would be in the best interests of
the City to have a national organization per-
form the audit. Despite the fact this organi-
zation has performed this work for a number of
years, we are satisfied that through the self
audit program within this organization, its
involvement in a peer review audit and regular
staff rotation its audit independence is well
maintained. The firm proposed to audit the
City's records for a maximum of $10,850,
Revenue Sharing funds for $1,550 and Community
Development Block Grant funds for $1,050. This
represents a reduction of $2,400 or 15% from
last year's fees. The Committee also wanted
to enlist this firm for additional work as
directed by the Council. At the appropriate
time the Committee will come back to the
Council with the nature and cost of the work.
Bakersfield, California, May 9, 1979 - Page 5
113
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 1-79 regarding Audit of City FinanciaZL
Records for 1978-79, was accepted; and Contract with Elmer Fox,
Westheimer & Company £or Audit of City Financial Records for
1978-79, was approved and the Mayor was authorized to execute same.
Councilman Barton, Chairman of the Bakersfield Water
Board, read a report regarding Domestic Water Enterprise Operating
and Capital Outlay Budget for Fiscal Year 1979-80, as follows:
For your review and consideration, attached
is the Domestic Water Enterprise Operating
and Capital Outlay Budget for Fiscal Year
1979-80.
Also, attached to the Domestic Water Budget
are summaries explaining the major item changes
from the previous fiscal year.
These budget items were approved by the Water
Board on May 2, 1979, and are scheduled to
appear on the agenda for Council action on
May 16, 1979.
City Manager Bergen corrected a typing error on page 3
entitled "City of Bakersfield Domestic Water Enterprise Estimated
Revenues and Expenses Budget Fiscal Year 1979-80," in the column
headed "Proposed FY 1979-80." Total Revenues should read $1,425,300
instead of $1,425,100.
Upon a motion by Councilman Barton, report regarding
Domestic Water Enterprise Operating and Capital Outlay Budget for
Fiscal Year 1979-80, was received and ordered placed on file.
Councilman Christensen stated that due to a real or
imaginary conflict of interest he would not participate in the
following item.
Assistant City Manager Russe~presented a report on
the Comprehensive Employment Training Act (CETA), as follows
As per instructions of the City Council, dated
April 11, 1979, I have met several times
recently with Tim Christensen, head of the
County CETA Program, to discuss the pros and
cons of the City's further involvement in
Federally funded manpower programs. As a
result of these meetings, I will attempt to
summarize some of the basics I think we should
114
Bakersfield,
California, May 9,
1979 - Page 6
know prior to committing the City one way or
the other in these programs.
The following are three different avenues that
cities can become involved in CETA Programs:
PRIME SPONSOR: Governmental agencies with
over 100,000 population can deal directly
with the Federal Government for monies
that have been set aside to fight unemploy-
ment. Kern County has been designated as
the Prime Sponsor for this area, in that
none of the cities in Kern County qualify
because of the population requirement.
PROGRAM AGENT: Government agencies with
populations between 50,000 and 100,000 can
qualify as a Program Agent. Under this
plan the City's funds would be allocated
separately from the County and would be
used strictly for residents who live within
the City limits. The City would still be
answerable to the County in that they are
this areas designated Prime Sponsor. As a
Program Agent, the administrative overhead
is considerably more and could result in a
duplication of services in that other
agencies are presently geared up to provide
administrative services.
CONTRACT: If we are to become involved in
CETA Programs, this appears to be the most
convenient and responsible way initially.
Once a tentative level of service is estab-
lished by the staff and approved by the
Council, then an agreement is entered into
with the County or one of its agents. As
an example, the U. S. Forestry Service is
presently contracting through the North
Bakersfield Parks and Recreation District
for CETA employees in Kern County. The
Recreation District is handling the majority
of their administrative costs, such as
payroll services.
The City Attorney and I recently met with Bill
Rasmussen, Director of North Bakersfield Parks
and Recreation District, and Tim Christensen.
They informed us that the district could handle
a similar type service for the City. As a
result of this meeting, we are of the opinion
that contracting is probably the most feasible
way initially for the City to enter into a CETA
Program. Apparently the paper work would be
far less and the expertise of administrators
with the County and other agencies would be
available to us. Hopefully the administrative
costs could be kept to a minimum with little
or no duplication of services. There are,
however, some areas of concern to the City
Attorney in that the City Charter limits tem-
porary employment to six months in any given
year. If this wording in the Charter is
construed to include CETA employees that are
Bakersfield,
California, May 9, 1979 - Page 7
115
hired beyond a six month period, they could
technically be entitled to permanent status.
Hopefully that would not be the case, however,
it is a real concern.
Tim Christensen has advised me that the City
would be eligible for approximately l~ million
dollars under Title VI allocations and one
million dollars under Title II. Title VI funds
are available for special projects whereas
Title II funds are to be used to provide on-
going public service employment such as Public
Works Department Trainees, Fire Trainees, or
Police Trainees. These trainees can be hired
not to exceed 18 months and under Title II must
be unemployed 15 out of the last 20 weeks while
Title VI trainees must be unemployed l0 out of
the last 12 weeks. These trainee programs
were established originally for the hard core
unemployed. Title II trainees cannot be paid
more than $833 per month and Title VI employees
no more than $833 plus a 10% additional local
share. At first glance it appears that the
City could use approximately 80 to 95 of these
trainees in the first year which would amount
to approximately $1,000,000.00.
At the present time the County is using trainees
in such areas as clerical help, graphic drafts-
men, mechanic helpers, maintenancemen, seasonal
fire fighters, fire fighters trainees, and
trainees in the Sheriff's Department. The
County Fire Department presently uses 1.3
million dollars in CETA funds.
The CETA Director informed me that the Federal
Government originally authorized this employ-
ment program for a three year period, five
years ago, with the last two years being funded
on an annual basis. This year Congress
authorized an additional four year funding
period, with no assurance that it would be
maintained on a permanent basis. There are no
local matching fund requirements at the present
time, however, there has been a good deal of
discussion that local entities would be required
in the future to pay retirement costs. All
required equipment for training purposes,
within reason, is paid for through CETA funds
as are health insurance and liability costs.
The one area of liability that the City should
be concerned with is employee's grievances.
These may be filed through the Department of
Labor and the City would be answerable to such
charges and as you know this can be a lengthy
and drawn out procedure. The other area of
potential liability is if funds were misused
we would be subject to repayment of such funds.
As you know, the only involvement the City has
had with CETA Programs in the past has been
through the local high schools during the
summer months. This has proven to be unsatis-
factory in some areas in that we did not have
Bakersfield,
California, May 9,
1979 - Page 8
the students long enough, Also, lack of
maturity at the high school level requires
constant supervision. This is not to say
that the regular CETA Program would be any
different, however, we would gear up our
present work force to provide the necessary
supervision. If we are to become more involved
in CETA Programs on an on-going basis, I would
recommend a slow transition through a contract
with the County or one of its agents for
absolute essential services as determined by
department heads and approved by the City
Manager and City Council. I have discussed
this possibility with all department heads and
they have compiled the following requests for
CETA Employees for Fiscal Year 1979-80:
I. Fire & Development Services
33 Fire Fighter Trainees
1 Hydrant Maintenance Trainee
2 Mechanic Aides
1 Planner Aide
1 Inspector Aide
2 Community Development Aides
1 Domestic Water Aide
2 Clerical Aides
II. Auditorium-Recreation
12 Recreation Program Trainees
8 Maintenance Trainees
1 Clerical Trainee
III. Public Works
Engineering Trainees
Traffic Trainees
Park Maintenance Trainees
Craft Worker Trainee
Clerical Trainee
Automotive Trainees
Mechanic Aides
IV. Police Department
4 Community Service Trainees
6-12 Police Cadets
V. Water Department
i Canal Tender Trainee
3 Temporary Canal Tender Trainees
This is a total of 87 to 93 full-time and
temporary CETA employees which should result
in an approximate savings of $375,000 from the
amount requested by department heads for
additional employees for Fiscal Year 1979-80.
In order for the staff to finalize the Manager's
proposed budget for Fiscal Year 1979-80, we
need authorization from the City Council to
proceed with this Federally funded manpower
program.
Bakersfield, California, May
9, 1979 - Page 9
Councilman Means made a motion that the City proceed
with the CETA Program based on Option No. 3 contained in the
report.
Councilman Miller spoke in opposition to the CETA Program
because by becoming involved in the bureaucratic mesh of Washington
certain independences are given up. Councilman Miller stated he
is very reluctant to become involved with the CETA Program regard-
less of the dressing that may appear. The CETA Program sounds ver]7
good but it does very little for what it was intended to do. It
is supposed to employ people to teach them skills and he has seen
very few people come out of the program with usable skills. For
that reason he will vote against the City getting involved in the
CETA Program at this point in time.
During a lengthy discussion, Councilman Payne asked, in
the event a CETA employee proves unsatisfactory, does the depart-
ment head or someone have the authority to terminate or dismiss
that person without cause during the probationary period as can be
done with a regular employee.
Assistant City Manager Russell stated he was uncertain.
They are supposed to maintain the same rights as other employees,
however, they do have the rights of grievance with the Department
of Labor. Mr. Russell stated he was not sure if CETA employees
go through a probationary period or not.
Councilman Miller stated the function of government is
to employee people to provide necessary services. He has seen
CETA Programs, in the past, where positions have been created to
employ people in jobs that are not as productive as they might
otherwise be if they were full-time employees of the City. Council-
man Miller stated he questions the function o£ government in terms
of, are we here to provide services to the people or create jobs,
and for that reason will vote no on the motion.
Mrs. Anne Monroe spoke in opposition to the City getting
involved in the CETA Program.
ils
Bakersfield, California, May 9, 1979 - Page 10
Councilman Miller offered a substitute motion that action
on the CETA Program be deferred until the Council can obtain a copy
of the Government Accounting Office's report on the Assessment of
the CETA Program. After considerable discussion the substitute
motion failed ~to carry by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Miller, Payne
Councilmen Barton, Means,
Councilman Ratty
Strong
Abstaining: Councilman Christensen
Councilman Means' motion that the City proceed with the
CETA Program based on Option No. 3 contained in the report, was
approved by the following roll call vote:
Ayes:
Noes:
Councilmen Barton, Means, Payne, Strong
Councilman Miller
Absent:
Councilman Ratty
Abstaining: Councilman Christensen
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 1-79 regarding Proposed
Ordinance for Warner Cable T.V. Franchise, as follows:
This Committee has met to discuss the proposed
Franchise Ordinance for Warner Cable T.V. to
operate within the City limits. Before the
Committee would recommend an ordinance to the
Council, we would like to have it reviewed by
the Cable Television Information Center which
is a nonprofit organization located in Washing-
ton, D.C., whose purpose is to assist and
provide information to local governments and
others regarding Cable T.V. matters. The
General Counsel of this organization is going
to be on the West Coast the latter part of
this month and has agreed to come to Bakers-
field to review and comment on the ordinance.
As they are experts in this field, we feel it
would be in the best interests of the City to
have this review. Warner Cable has agreed to
share this expense on a fifty-fifty basis.
The City's share should not exceed $300 and
we would request the Council authorize a
transfer from the Contingency Account. The
expense includes travel cost to come to
Bakersfield and professional fees to review
the ordinance.
119
Bakersfield,
California, May 9, 1979 - Page
Mayor Hart stated that due to a real or imaginary con-
flict of interest he would yield the Chair to Vice-Mayor Barton.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 1-79 regarding Proposed Ordinance
for Warner Cable T.V. Franchise, was accepted; and Budget Transfer
from the Council Contingency Account, in the amount of $300.00, for
travel cost and professional fees to review the ordinance, was
approved.
City Manager Bergen read a report regarding Taxi Cab
Rate Increase Request, as follows:
The Council has referred to the staff a request
from Michael R. Murphy regarding an increase
in taxi cab rates. The letter requested an
increase in the flag drop rate from $.80 to
$1.20, rate per mile thereafter from $.70 to
$.90 and the hourly rate for waiting time from
$6.00 to $9.00. No other increases in the
rate structure were requested. The staff has
met with representatives and drivers from the
two companies operating within the City. At
their meeting, their rate increase request was
modi£ied to $1.00 for the flag drop and $1.00
per mile thereafter.
It should be noted the last rate increase
granted was in 1975, about four years ago. As
an indication of cost increases, the attached
schedule relating to gasoline is submitted for
the Council's information.
Also attached is a survey of taxi rates in
selected California cities in the San Joaquin
Valley or nearby. It would appear the requests
are in line with these other cities.
For the Council's in£ormation, effective January
l, 1977, the drivers no longer operated as
employees of the cab companies. They now
lease the vehicles paying a daily fee and also
pay for their own gas.
Based on the taxi cab rates in other communities
and cost increases in fuel, it appears the
requested rate increase is reasonable. The
staff recommends the City Council give con-
sideration to this rate adjustment and action
be taken at the Council meeting of May 16.
This one week interval will allow time for
public comment and input.
Bakersfield, California, May 9, 1979 - Page
(d) ,
(e),
The
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
~on
(f),
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 5168 to 5255,
inclusive, in the amount of $491,414.32.
Claim for Damages from Montgomery Drilling
Company, P.O. Box 2508, Bakersfield.
(Refer to City Attorney)
Claim for
Insurance
Caldwell.
Damages from Oregon Mutual
Company on behalf of Sims
(Refer to City Attorney)
Corrected Grant Deed from Developers
Financial Corporation for minor bearing
and distance errors in the boundary of
the sump located within Tract No. 3972.
Maps of Tract Nos. 3947 and 3948 and
Improvement Agreements with Community
Construction for construction of improve-
ments therein, located north of Panama
Lane, west of Akers Road.
Application for Encroachment Permit from
Sam Sarullo, 3005 Roanoke Court, for
construction of a l0 foot high retaining
wall along rear of property approximately
7 foot from curb on Columbus Street and
a 6 foot high masonry and wrought iron
fence along back of sidewalk at 3005
Roanoke Court.
Plans and Specifications for construction
of Traffic Signals at 21st and Oak Streets
and Pierce Road and Gilmore Avenue, and
modifications to add mast-arm signal
indications along Chester Avenue at 18th,
19th, 20th and 21st Streets.
Contract Change Order No. i to Contract
No. 79-21 with Dean Clark for construction
of Basketball Court Lighting and Security
Lighting at Lowell Park. This Change
Order would combine the service wiring
for the Court Lighting with the Maintenance
Shop Building at Lowell Park and increases
the contract price from $17,197 to $23,583.
Agreement with Robert and Elizabeth Birch-
field for covenants and restrictions on
real property and for specific performance.
Provides required parking for new office
building and detail shop at 27th and "K"
Streets.
a motion by Councilman Strong, Items (a), (b), (c),
(g), (h) and (i) of the Consent Calendar, were
Bakersfield, California,
May 9, 1979 - Page 13
121
adopted by the following roll call
Ayes:
Noes:
Absent:
vote:
Councilmen Barton, Christensen, Means, Payne, Strong
None
Councilmen Miller, Ratty
DEFERRED BUSINESS
Adoption of Ordinance No. 2497 New
Series of the Council of the City of
Bakersfield changing the name of a
portion of Arlana Street to Chester
W. Nimitz Street.
Upon a motion by Councilman Means, Ordinance No. 2497
New Series of the Council of the City of Bakersfield changing the
name of a portion of Arlana Street to Chester W. Nimitz Street,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means, Payne, Strong
None
Councilmen Miller, Ratty
Adoption o£ Ordinance No. 2498 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield commonly
known as 3279 through 3311 Chester
Lane.
This amendment to the Zoning Ordinance was initiated by
the Planning Commission and would change subject property from an
R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family
Dwelling - Architectural Design) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2498 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City o~ Bakersfield
commonly known as 3279 through 3311 Chester Lane, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Barton,
None
Councilman Ratty
Councilman Miller
Christensen, Means, Payne, Strong
122
Bakersfield, California, May 9, 1979 - Page 14
Adoption of Ordinance No. 2499 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 southeast corner of Hughes Lane
and Fairview Road.
The
St. Clair and
home) Zone to
application for this amendment was made by Frank
would change subject property from an MH (Mobile-
an R-1 (One Family Dwelling) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2499 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 southeast corner of Hughes Lane and Fairview Road, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Strong
Noes: None
Absent: Councilman Ratty
NEW BUSINESS
First reading an an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding property known as Real No.
2 Annexation and changing the Land
Use Zoning of that certain property
in the City of Bakersfield located
on the west side of Real Road, and
north of the westerly extension of
Verde Street.
This ordinance would zone upon annexation those certain
properties in the County of Kern located on the west side of Real
Road and north of the westerly extension of Verde Street, to an
R-2-D (Limited Multiple Family Dwelling - Architectural Design),
or more restrictive Zone, and would change a parcel of property
from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple
Family Dwelling - Architectural Design), or more restrictive Zone.
123
Bakersfield, California, May 9, 1979 - Page 15
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding property known as Real No. 2 Annexation
and changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the west side of Real Road, and
north of the westerly extension of Verde Street.
First reading of an Ordinance amend-
ing Title Seventeen o£ the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the south-
west corner of Hughes Lane and
Fairview Road.
The application for this amendment was made by Challenge
Builders, Inc., and would change subject property from an MH
(Mobilehome) Zone to an R-1 (One Family Dwelling), or more
restrictive Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the southwest corner o£ Hughes Lane and
Fairview Road.
Adoption of Resolution No. 38-79 of
the Council of the City of Bakers-
field initiating proceedings for
annexation and ordering the terri-
tory designated as Proceeding No.
683, Annexation No. 277 (Kern River
No. 7) annexed to the City of Bakers-
field.
This is an uninhabited annexation with 100% consent of
the landowners. Therefore, no hearing is necessary before adoption
of this resolution annexing Kern River No. 7 to the City of
Bakersfield.
Upon a motion by Councilman Payne, Resolution No. 38-79
of the Council of the City of Bakersfield initiating proceedings
for annexation and ordering the territory designated as Proceeding
124
Bakersfield, California, May 9, 1979 - Page 16
No. 683, Annexation No. 277 (Kern River No. 7) annexed to the
City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Strong
Noes: None
Absent: Councilman Ratty
Adoption of Resolution No. 39-79
fixing the time of Meetings of the
Council of the City of Bakersfield
during the months of May, June, July,
August and September, 1979.
Upon a motion by Councilman Christensen, Resolution No.
39-79 fixing the time of Meetings of the Council of the City of
Bakersfield during the months of May, June, July, August and
September, 1979, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Strong
Noes: None
Absent: Councilman Ratty
Adoption of Resolution No. 40-79 of
the Council of the City of Bakers-
field approving the Kern County
Federal Aid Urban Process and Program
for the Bakersfield Urbanized Area
and the Committee Cooperative Process
for its implementation.
On November 29, 1976, the Council approved the City's
Federal Aid Urban (FAU) Process and Program for the expenditure of
funds on local street projects. The Program approved, at that
date, complied with the requirements of the Federal Highway Act of
1976. The Federal Highway Act of 1978 continues the Federal Aid
Urban (FAU) System and Program and this resolution will confirm
the projects the City will construct under this program. All
projects in the 1978 FAU Program are in the City's 5-Year Capital
Improvements Programs.
Upon a motion by Councilman Means, Resolution No. 40-79
of the Council of the City of Bakersfield approving the Kern County
Federal Aid Urban Process and Program for the Bakersfield Urbanized
Bakersfield, California, May 9, 1979 - Page l?
125
Area and the Committee Cooperative Process for its implementation,
was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Strong
Noes:
Absent:
None
Councilman Ratty
HEARINGS
This is the time set for continued public
hearing before
The Council
for consultation with
and Confer Sessions.
Councilmen Barton, Christensen, Means, Miller, Payne,
Strong
None
Councilman Ratty
EXECUTIVE SESSION
recessed to an Executive Session at 9:50 P.M.
the City's Labor Negotiator regarding Meet
Ayes:
Noes:
Absent:
the Council for hearing protests by persons owning real property
within territory designated as "Pacheco No. 9," proposed to be
annexed to the City of Bakersfield.
This hearing was duly advertised and the property owners
were notified as required by law. This hearing was continued from
the Council Meeting of April 25, 1979.
This is an uninhabited annexation containing 216 + acres
of land located in the vicinity of Pacheco Road and South "H"
Street.
A protest amounting to 73% of the assessed valuation of
the land and improvements has been filed by Atlantic Richfield
Company, 4121 South "H" Street.
Upon a motion by Councilman Barton, Resolution No. 41-79
of the Council of the City of Bakersfield declaring that a majority
protest has been made to the annexation of "Pacheco No. 9," pro-
posed to be annexed to the City of Bakersfield and terminating said.
annexation proceedings, was adopted by the following roll call vote:
126
Bakersfield, California, May 9, 1979 - Page 18
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 11:07 P.M.
Calif.
ATTEST:
CITY C~K a~~cio Clerk of the Council
of the' City of Bakesfield, California
ma
Bakers£ield,
California, May 16, 1979
1 27
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., May 16, 1979.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of AllegSance and Invocation by Director
of Public Works Dale Hawley.
Present: Mayor Hart
The City Clerk called the roll as follows:
(seated at 9:00 P.M.). Councilmen Christensen,
Means, Miller, Payne, Ratty, Strong, Barton
Absent: None
Minutes of the regular meeting of May 9, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Ms. Ann Ruhwedel, ASB President of Garces Memorial High
School, presented a proposal for the relocation of the Father
Garces statue to the Garces High School property on the corner of
Union Avenue and Columbus Street. Councilman Payne suggested she
reappear before the Council at a time when she could get a commit-
ment regarding £inancing the move and someone to take on that task,
and at that time the Council might be in a better position to make
a determination.
Mr. Dennis Sibert, 809 Del Rey Court, presented a letter
from residents on Del Rey Court and Charter Oaks Avenue requesting
abandonment of public access from California Avenue to Del Rey
Court by removing a three foot high gate from the wall at the north
end of the cul-de-sac and raising the present concrete block wall
to a uniform six foot height.
Mrs. Helen Kuss, 816 Del Rey Court, addressed the Council
in support of this request.
Councilman Christensen made a motion to turn the matter
over to the Planning Commission for their consideration.
City Attorney Hoagland stated the Council can authorize
the building of the fence, to specifications, at the property
owners' expense. Councilman Christensen withdrew his motion.
128
Bakersfield, California, May 16, 1979 - Page 2
Public Works Director Hawley suggested the signature of
the one property owner who did not sign the petition be obtained
by the other property owners, and the changes in the construction
of the wall are not the responsibility of the City.
Upon a motion by Councilman Miller, the citizens were
authorized to secure the gate, construct a wall consistent with
the existing masonry, close the opening in the fence consistent
with the existing masonry, all to be at the expense of the citizens
and to be per code, with the City staff to assist in drawing up
plans and specifications as needed.
Mrs. Ann Monroe, 3991 Marella Way, addressed the Council
regarding the refuse collection charge of 1972 and read a copy of
a memorandum from the former Finance Director to the City Manager
regarding an August 13, 1976 letter from Mr. Walter Monroe.
Councilman Christensen requested that the portion of the
tape of the City Council Meeting of May 9, 1979 be played in order
to determine City Attorney Hoagland's statement regarding the
refuse charge billings of 1972.
Mr. Bob Ashbeck, representing the Community Access
Network, a State of California organization, discussed the handi-
capped access laws and standards and their application by the
State of California, particularly relating to the denial of access
to handicapped persons by commuter airlines. He stated thirteen
per cent of the Bakersfield population is orthopedically handi-
capped and denied access to commuter aircraft.
Councilman Means indicated there is a potential to make
a case that United Airlines was providing essential service based
on being able to provide access to handicapped persons and could
not withdraw until there was another airline with equipment similar
to United's and madeamotion that the Council send a letter to
the Civil Aeronautics Board addressing this specific point.
Bakersfield, California, May 16,
1979 - Page 3
129
Councilman Means restated his motion that the Council
send a letter to the CAB, after notifying the County of Kern about
our intentions to determine if they would like to join with us,
addressing the specific issue about the law defining essential
service and asking for a reply regarding this specific item.
Councilman Miller offered a substitute motion instructing
the City's Legal Department to get together with the County offices
and send a telegram to the CAB bringing to light the information
stated here this evening.
City Attorney Hoagland pointed out that we are taking
direction from the attorneys in Washington, D.C. and it would not
be appropriate to intervene at this point.
Councilman Miller amended his substitute motion instructing
the City Attorney to contact the County Counsel and do whatever
is appropriate in regard to communicating with the attorneys in
Washington. This motion carried unanimously.
Vice-Mayor Barton called a recess at 8:55 p.m. The
meeting reconvened at 9:05 p.m., and a portion of the tape of the
meeting of May 9 was played, as requested by Councilman Christensen.
Councilman Means recognized Mr. Keith Thompson, 45 Myrtle
Street, who stated he felt the present garbage charge was as fair
as it could possibly be, as he was not in favor, as a homeowner
and taxpayer, of using his tax money to give business houses a free
ride for garbage service.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Yvonne Kramer, 2121 California Avenue, #11, a taxi cab driver,
received May 16, 1979, requesting a rate increase, was received
and placed on file.
Upon a motion by Councilman Means, communication from
Corrine Jones, 1911 Flower Street, #F, received May 16, 1979,
requesting taxi cab rate increase, was received and placed on file.
130
Bakersfield, California, May 16, 1979 - Page 4
Upon a motion by Councilman Ratty, communication from
Elmer Lawson, 820 - 25th Street, received May 16, 1979, requesting
taxi cab rate increase, was received and placed on file.
COUNCIL STATEMENTS
Councilman Payne stated he had learned before the
meeting this evening of a fatal accident near Stockdale School.
It was his understanding that a petition had been submitted to
the City Council by residents of the Montalvo and Kroll Way area,
and they had made a request for radar enforcement in that vicinity.
He requested the City staff to research the files and supply him
with a copy of the petition; also that the appropriate City agency
make a study of the vicinity in question and determine if some
type of traffic control or speed enforcement is warranted.
Director of Public Works Hawley responded that the Public
Works Department received a letter and a petition from property
owners, dated October 5, 1978, a traffic count was made on November
3, 1978, and three different field studies were conducted. At
that time that location did not meet the warrants for a two-way
or a four-way stop sign or a traffic signal. This would be re-
evaluated to determine if the situation has changed.
Councilman Payne also requested the City staff to review
the files and refer to him any petitions similar to this at any
intersection in or around a public park or public school as soon
as it is feasible for the staff to do so.
Councilman Ratty presented a letter to Senator Hayakawa,
Senator Cranston, Congressman Thomas, State Senator Stiern and
State Assemblyman Rogers, seeking their help in obtaining federal
funds to complete the Bakersfield Airpark planning study. Upon a
motion by Councilman Ratty, Mayor Hart was requested to send this
letter, over his signature, to the legislators named.
Councilman Ratty announced his appointment of Harvey
L. Hall, 1001 - 21st Street, to the Charter Review and Advisory
Commission.
131
Bakersfield,
California, May 16,
1979 - Page 5
Upon a motion by Councilman Miller, hearing on Appeal
by Moreland Engineering, Inc. to the decision of the Planning
Commission denying approval of Tentative Tract No. 4182 was with-
drawn from the agenda, as requested by Moreland Engineering, Inc.
Councilman Miller nominated Janice Banducci, 2419 Driller
Street, to fill the unexpired term of Eugene Oldershaw to the Fire
Department Civil Service Board, term expiring December 31, 1981.
This nomination was unanimously approved.
Councilman Payne requested a progress report regarding
the Robert Coop Associates study of the Police Department conducted
in 1978. City Manager Bergen stated an overview study was prepared
and submitted to the Council, funds are budgeted, but no further
action has been taken by the Council.
Upon a motion by Councilman Strong, Mayor Hart's request
for a Budget Transfer in an amount not to exceed $1,000 for purchase
of a replica of the Liberty Bell as a gift for Bakersfield's Sistel'
City, Wakayama, Japan, at the dedication of their new Civic
Auditorium was approved.
EXECUTIVE SESSION
Upon a motion by Councilman Barton, the Council recessed
to Executive Session at 9:30 P.M. regarding matters pertaining to
litigation.
The Council
reconvened at 10:10 P.M.
REPORTS
City Attorney Hoagland gave an oral report on provisions
of the City Charter as they apply to the appointment of officials
and employees, including disciplinary action.
City Manager Bergen stated some assumptions made in
preparing the Preliminary Budget have changed; it would be worth
the delay in completing the Preliminary Budget for distribution to
the Council by one week to ten days in order to incorporate these
changes. This should make the Preliminary Budget available possibly
132
Bakersfield,
California,
May 16,
1979 - Page 6
by June i instead of by May 25. In any case it should be distributed
during the first week of June.
Director of' Fire & Community Development Services Needham
suggested the City Council consider a visit to Fresno, accompanied
by members of the Planning Commission, Redevelopment Agency, and
certain staff members, to view their housing projects, industrial
areas, and other redevelopment projects, at a date to be determined.
CONSENT CALENDAR
The following items were listed on the Consent
(a) Allowance of Claims Nos. 5256 to 5483,
inclusive, in the amount of $261,448.06.
(b)
Calendar:
Claim for Damages from Automobile Club of
Southern California on behalf of George
and Elaine Slater, 2404 Scarborough Avenue,
Bakersfield. (Refer to City Attorney)
Claim for Damages from Abbott Laboratories.
(Refer to City Attorney)
(d)
(e)
Petition to File Late Claim for Damages
and Personal Injuries from Orphelinda
Molina, 3301Kaibab Avenue, Bakersfield.
(Refer to City Attorney)
Petition to File Late Claim for Damages
and Personal Injuries from Edward Molina,
3301Kaibab Avenue, Bakersfield. (Refer
to City Attorney)
(f)
Street Right-of-Way Deed from Loma Vista
Construction, Inc., for additional right-
of-way for Fairview Road as required for
Tract No. 4131, located east of Hughes
Lane.
(g)
Grant Deed from Challenge Builders, Inc.,
providing drainage sump for Tract Nos.
4131 and 4149, located between Pacheco
Road and Fairview Road, east of Hughes
Lane.
(h)
Street Right-of-Way Deed and Grant Deeds
for Ingress & Egress and Sewer Easement
from R. E. Loechel and Donna L. Loechel,
providing additional dedication along
Brundage Lane, a cul-de-sac at the end of
Roosevelt Street, and a Sewer Easement
and Ingress & Egress Easement as required
for Parcel Map No. 5102, located south of
Brundage Lane and west of Oleander Avenue.
133
Bakersfield, California, May 16, 1979 - Page 7
(i)
.... ~ v~ **~ ,,u. o~ B and improvement
Agreement with Developer's Management
Services, Inc., for construction of
improvements therein, located south of
Pacheco Road, between Akers Road on the
east and Farmers Canal on the west.
(J)
Map of Tract Nos. 4131 and 4149 and
Improvement Agreements with Challenge
Builders, Inc., for construction of
improvements therein, located between
Pacheco Road and Fairview Road, east of
Hughes Lane.
(k)
Map of Tract No. 4169 located at the
southeast corner of New Stine Road and
Demaret Avenue. Improvements have been
constructed.
(i)
Improvement Agreement with Martin W.
Barnes for construction of Water Main
Improvements at 5700 Stine Road to pro-
vide water for consumption and fire
protection.
(m) Notice of Completion and Acceptance of
Work for:
Tract No. 3887 B, Contract No. 78-155
with Tenneco Realty Development Corpora-
tion, located at Ming Avenue and Ashe
Road.
Pavement Improvements on portions of Ashe
Road, Fairfax Road and Panorama Drive,
Contract No. 79-53 with Griffith Company.
(n)
Application for Encroachment Permit from
Gannon Enterprises, 4101 Union Avenue,
for installation and maintenance of a
sprinkler system and lawn within right-
of-way of Manor Street and Panorama
Drive adjacent to Tract No. 3879.
(o)
Lease Agreement with the Downtown Business
Association whereby City will lease space
for.storage of Christmas Tree Lights used
annu~ly to decorate City streets. The
lease is for $20.00 per month for necessary
space and location will be designated by
Director of Fire & Development Services
from time to time as necessary.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (i), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
134
Bakersfield,
California,
May 16,
1979 - Page 8
DEFERRED BUSINESS
Adoption of Ordinance No. 2500 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the southwest corner of Hughes Lane
and Fairview Road.
The application for this amendment was made by Challenge
Builders, Inc., and would change subject property from an MH
(Mobilehome) Zone to an R-1 (One Family Dwelling) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2500 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the southwest corner of Hughes Lane and Fairview Road, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2501 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Chapter 17.12 (Zoning Map) of the
Municipal Code of the City of Bakers-
field, regarding property known as
Real No. 2 Annexation and changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located on the west side of Real
Road, and north of the westerly
extension of Verde Street.
This ordinance would zone upon annexation those certain
properties in the County of Kern located on the west side of Real
Road and north of the westerly extension of Verde Street, to an
R-2-D (Limited Multiple Family Dwelling - Architectural Design)
Zone and would change a parcel of property from an R-1 (One Family
Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zone.
Bakers£ield,
California, May 16, 1979 - Page 9
135
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance NO. 2501 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 Real No. 2 Annexation and changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the west side of Real Road, and north of the westerly extension
of Verde Street, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
NEW BUSINESS
Adoption of Ordinance No. 2502 New
Series of the Council of the City of
Bakersfield amending Section 7.52.190
of the Municipal Code concerning Taxi
Cab Rates and Fares.
A report from the City Manager was presented to the
Council at last week's meeting. This amendment adjusts the rates
and fares charged the public by taxi cab carriers in the City of
Bakersfield.
Mr. Michael Murphy, representing the taxi cab drivers
of Bakersfield, addressed the Council in justification of the
rate increase.
Upon a motion by Councilman Strong, Ordinance No. 2502
New Series of the Council of the City of Bakersfield amending
Section 7.52.190 of the Municipal Code concerning Taxi Cab Rates
and Fares, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
136
Bakers£ield, California, May 16, 1979 - Page l0
Approval of Final 1979-80 Community
Development Block Grant Application
and Three-Year Plan for submittal to
the Department of Housing and Urban
Development.
All State and Area-Wide Clearinghouse comments have been
received and made a part of the Final Application. At this time
the Final Application is to be submitted to HUD for their review
by May 18, 1979.
Upon a motion by Councilman Strong, Final 1979-80
Community Development Block Grant Application, was approved, and
the staff was authorized to submit the Final Application to the
Department of Housing and Urban Development for their review.
Adoption of Resolution No. 42-79 of
the Council of the City of Bakers-
field approving an Agreement with
the County of Kern and Carpenters'
Local 743 for Housing Rehabilitation
within the City.
The City as part of the Community Development's Home
Improvement Program is coordinating resources with the County of
Kern CETA Prime Sponsor and the Carpenters' Local #743 to promote
and serve the elderly, handicapped and low-income owner-occupants
to make needed minor home repairs. Material will be made available
through Community Development Funds; labor will be paid by the CETA
Program and work by the Carpenters' Local.
Upon a motion by Councilman Strong, Resolution No. 42-79
of the Council of the City of Bakersfield approving an Agreement
with the County of Kern and Carpenters' Local 743 for Housing
Rehabilitation within the City, with a report back to the Council
as to the administration and results of this program, was adopted
by the
Ayes:
Noes:
£ollowing roll call vote:
Councilmen Christensen, Means, Miller, Payne,
Strong, Barton
None
Ratty,
Absent: None
Bakersfield,
Cali£ornia, May 16, 1979 - Page 11
137
Approval of 1979-80 Domestic Water
Enterprise Operating and Capital
Outlay Budget and Transfer of Kern
River Water Revolving Funds to be
used on Capital Improvements.
This budget was approved by the Water Board on May 2,
1979 and submitted to the Council at the meeting of May 9, 1979
for Council consideration.
Upon a motion by Councilman Barton, the 1979-80 Domestic
Water Enterprise Operating and Capital Outlay Budget and Transfer
of Kern River Water Revolving Funds to be used on Capital Improve-
ments were approved.
HEARINGS
This is the time set for public hearing regarding
approval of Environmental Impact Report for Segment 1 and Negative
Declarations for Segments 3 and 4 and Amendment to the Land Use
Element of the Bakersfield Metropolitan Area General Plan concerning
those properties commonly known as:
Segment I
Segment 3
Approximately 70 acres of vacant
land located northerly of Bernard
Street, southerly of Freeway 178
and west of Oswell Street. (Medium
Density Residential to Commercial)
Approximately 7 acres o£ land located
on the northwest corner of Real and
Wilson Roads. (Medium Density
Residential to Commercial)
Segment 4
Located on east side of Olive Street,
between Palm Street and Dracena
Street. (Low Density Residential to
Professional Office)
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission reviewed the Final EIR on Segment
1 of the proposed General Plan Amendment and recommended certifi-
cation by the City Council.
The proposed amendment, which is the subject of this
hearing, was approved by the Planning Commission, after a public
hearing on April 8, 1979, and recommended for adoption by the City
Council.
138
Bakersfield, California, May 16, 1979 - Page 12
pation.
Mayor Hart declared the hearing open for public partici-
Mr. John Brock, representing East Bakersfield Associates,
requested the Council to grant a 60-day continuance of this hearing,
with respect to action on Segment 1.
Councilman Miller moved that a 60-day continuance of
the hearing, with respect to Segment 1, be granted.
Councilman Christensen questioned whether it it true
that a delay or no action on a denial of amending the Land Use
Element for Segment i would mean that the May Company would drop
their interest in locating in a downtown shopping center. Directo:r
of Fire and Development Services Needham stated this was his
understanding.
Mr. John Brock expressed his support of the downtown
center.
Mr. Daniel W. Donahue, President of John S. Griffith and
Company of Irvine, California, expressed concern, both as a
developer and as a department store entity, that the local market
cannot support at this time nor in the foreseeable future two
shopping centers in excess of 750,000 to 800,000 square feet.
After considerable discussion, Councilman Means offered
a substitute motion to delay action on Segment 1 for two weeks.
He withdrew his motion when the staff expressed the opinion that a
60-day delay would be reasonable.
Following discussion, Councilman Ratty made a substitute
motion to deny the Amendment to the Land Use Element of the General
Plan of Segment 1.
Councilman Christensen stated that although he did not
oppose an eastside shopping center, he felt priority should be
given to the downtown center development.
Councilman Ratty withdrew his motion to deny the Amend-
ment to the Land Use Element with respect to Segment 1.
Bakers£ield, California, May 16, 1979 - Page 13
139
Councilman Miller's motion to grant a 60-day continuance
of'.the hearing with respect to Segment i was lost by the following
roll call vote:
Ayes: Councilmen Miller, Payne, Strong
Noes: Councilmen Christensen, Means, Ratty, Barton
Absent: None
Mr. John Brock, East Bakersfield Associates, expressed
his disappointment in the CouncJl's decision.
Mr. Harry Tow, Quad Consultants, in response to a question
from Councilman Miller, stated an EIR does not take the position
o£ being either in favor of or opposed to a project; the function
of an EIR is only to provide all the factual data possible.
Responding to a question posed by Councilman Strong, Mr.
Mel Tooker, member of the City's Planning Department staff, explained
the Council could amend the General Plan only three times in any
one year, in April, August and December.
No further 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 Ratty, Resolution No. 43-79
of the Council of the City of Bakersfield making findings and
denying Segment i of a proposed Amendment to the Land Use Element
of the Bakersfield Metropolitan Area General Plan, was adopted by
the following roll call vote:
Ayes: Councilmen Christensen, Means, Ratty, Barton
Noes: Councilmen Miller, Payne, Strong
Absent: None
Mayor Hart declared the hearing regarding Segment 3
(approximately 7 acres of land located on the northwest corner of
Real and Wilson Roads) open for public participation.
Mr. Dean Gay, representing the owners of the property,
responded to a question by Councilman Ratty stating that the owners
140
Bakersfield, California, May 16, 1979 - Page 14
would be willing to participate in one-fourth of the cost of the
signals at that intersection and would hope to get the owners of
the other corners to participate in the cost.
Mr. Arthur Knight, representing the R-1 neighborhood
along Gentry Avenue, which is behind this proposed development,
stated the residents would like to see a commercial center put in
this location.
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 Payne, Resolution No. 44-79
of the Council of the City of Bakersfield making findings and
approving Segment 3 of a proposed Amendment to the Land Use Element
of the Bakersfield Metropolitan Area General Plan, was adopted by
the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Mayor Hart declared the hearing regarding Segment 4
(located on east side of Olive Street, between Palm and Dracena
Streets) open for public participation.
No protests or objections being received and no one
speaking in favor, the public portion of the
for Council deliberation and action.
Upon a motion by Councilman Ratty,
hearing was closed
Resolution No. 45-79
of the Council of the City of Bakersfield making findings and
approving Segment 4 of a proposed Amendment to the Land Use Element
of the Bakersfield Metropolitan Area General Plan, was adopted by
the following roll call vote:
Ayes: Councilmen Christensen, Miller, Ratty, Strong
Noes: Councilmen Means, Payne, Barton
Absent: None
Bakersfield, California, May 16, 1979 - Page 15
141
This is the time set for public hearing regarding approval
of Negative Declaration and Amendment to the Land Use Element of
the Bakersfield Metropolitan Area General Plan concerning that
certain property commonly known as:
Segment 3 Located north of Pacheco Road, between
State Freeway Route 99 and Hughes Lane.
(Industrial to Medium Density Resi-
dential and Commercial)
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission, after a public hearing held
April 18, 1979, recommended that the City Council deny the proposed
Amendment to the General Plan.
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 Barton, Resolution No. 46-79
of the Council of the City of Bakersfield making findings and
denying a proposed Amendment to the Land Use Element of the Bakers--
field Metropolitan Area General Plan, was adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Barton
Noes: None
Absent: Councilman Strong
This is the time set for public hearing before the
Council on Resolution of Intention No. 943 of the Council of the
City of Bakersfield, declaring its intention to order the abandon-
ment of vehicular access rights from Lots 3 and 6 o£ Tract 2963 to
New Stine Road in the City of Bakersfield.
This hearing has been duly 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.
142
Bakersfield,
California,
May 16,
1979 - Page 16
Upon a motion by Councilman Means, Resolution No. 47-79
of the Council of the City of Bakersfield ordering the vacation of
vehicular access rights in Lots 3 and 6 of Tract 2963 to New Stine
Road in the City of Bakersfield, was adopted by the following roll
call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Barton
Noes: None
Absent: Councilman Strong
City Manager Bergen announced that a Mr. Vaca of Senator
Alan Cranston's office reserved the Council Chambers from 2:00 to
5:00 P.M. on Wednesday, May 23, and will be available to talk with
anyone who is interested and invited members of the City Council
to attend.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 12:12 A.M.
MAYO field, Calif.
ATTEST:
oCliTrY e c~.RK ~and_ _Ex_~o Clerk of the Council
lty of Bakersfield, California
mp
143
Bakersfield, California, May 30, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., May 30, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Means, Miller, Payne, Ratty,
Strong (seated at 8:05 P.M.),
Barton, Christensen
Absent: None
Minutes of the regular meeting of May 16, 1979 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Jim Bozarth, Pacific Gas & Electric Company,
commended
the employees of the City of Bakersfield, especially the Public
Works Department, for their efforts towards energy conservation.
Mr. Bozarth presented a booklet to the Director of Public Works
entitled "Energy Management Program for Local Government." The
booklet contains a step-by-step analysis and survey of the existing
energy usage patterns and energy-using equipment operated by the
City. After this analysis and survey, it recommends certain action
plans to be carried out by City employees.
Mr. Richard Henderson, Mr. John Farrer and Mr. Sidney
Chapin, representing the Kern Philharmonic, requested financial
support from the City of Bakersfield.
Councilman Christensen made a motion that the request
from the Kern Philharmonic for financial support from the City of
Bakersfield, be referred to the Budget Review and Finance Committee
for study and recommendation back to the Council during budget
deliberations.
Councilman Means offered a substitute motion that the
request from the Kern Philharmonic for financial support from the
City of Bakersfield be referred to the Auditorium-Recreation
144
Bakersfield, California, May 30, 1979 - Page 2
Committee for study and recommendation back to the Council. The
substitute motion was unanimously approved.
Mrs. Edna Buster, 2009 California Avenue, objected to
being billed on the tax bill for garbage pickup because her gardener
picks it up and she has no need for this City service.
Mrs. Anne Monroe, 3991 Marella Way, asked a question
about obtaining financial support from the City for sports.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Richard C. Bailey, Director of the Kern County Museum, dated May
17, 1979, requesting the Council approve the placing of a historical
plaque commemorating the location of the original site of the
courthouse in Bakersfield, was received, placing of the plaque on
the present building, was approved and referred to staff to work
out details.
Upon a motion by Councilman Barton, communication from
Golden Empire Transit, dated May 22, 1979, submitting their pro-
posed budget for Fiscal Year 1979-80 and notification of public
hearing on said budget, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Claude M. Bentz, PhD., President of the Kern Child Abuse Prevention
Council, Inc., dated May 22, 1979, requesting appointment of a
person to serve as Co-Chairperson on an ad hoc committee of the
Child Abuse Council, was received and authorization granted to
appoint Sergeant Irma Carson of the Police Department to said
committee.
Upon a motion by Councilman Barton, communication from
Sunil R. Lahiri, M.D., Medical Oncology Center of Bakersfield,
dated May 23, 1979, requesting an amendment to the General Plan
for a medical and/or professional office use located at 500 and
518 - 33rd Street, was received and referred to the Planning
Commission for study and recommendation.
145
Bakersfield, California, May 30, 1979 - Page 3
Upon a motion by Councilman Ratty, communication from
Kern Refuse Disposal, Inc., 1808 Roberts Lane, dated May 21, 1979,
requesting a 10% rate increase as of July l, 1979, was received
and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Christensen, communication
from the Atchison, Topeka and Santa Fe Railway Company, dated
February 21, 1979, requesting vacation of Robinson Street and
alleys southerly of Sumner Street, easterly of Gage Street, northerly
of East 21st Street and westerly o£ Miller Street, was received and[
referred to the Planning Commission for study and recommendation.
COUNCIL STATEMENTS
Upon a motion by Councilman Ratty, public hearing before
the Council on an Appeal by Nilajean Raper, et al, to the decision
of the Board of Zoning Adjustment approving Doug Thompson
Construction's application for a Conditional Use Permit to allow
the construction of a 15 unit apartment complex in an M-1 (Light
Manufacturing) Zone on that certain property in the City of Bakers-
field commonly known as 400 - 28th Street, was continued until the
Council Meeting of Wednesday, July 25, 1979, by the following roll
call vote:
Ayes Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes None
Absent: None
Councilman Ratty stated that if anyone in the audience
would like to receive notification of this continued hearing on an
appeal by Nilajean Raper, et al, to please sign their name and
address on the sheet of paper the Clerk has placed on the podium.
Councilman Ratty announced that he appointed Marty Scott,
Route 6, Box 44, to the California Avenue Park Neighborhood Facility
Citizens Advisory Committee.
146
Bakersfield, California, May 30, 1979 - Page 4
Adoption of Emergency Ordinance No.
2503 New Series of the Council of
the City of Bakersfield amending
Section 14.40.040 (a) of the Munici-
pal Code.
Councilman Barton stated there was a mix-up in Pauly
School P.T.A.'s application for a Fireworks Permit and it was
received after the deadline. Councilman Barton made a motion that
the Fireworks Permit application deadline for Pauly School P.T.A.
be waived and if all other requirements are met that they be granted
said permit. This motion was unanimously approved.
City Attorney Hoagland advised the Council that the dates
for receiving Fireworks Permit applications are from March 15 to
May 15, as set forth in the ordinance, and that ordinance does not
contain a provision for waiving the deadline. The Council could
adopt an Emergency Ordinance that would add a clause whereby the
time elements could be waived.
Upon a motion by Councilman Barton, the Council rescinded
the action waiving the deadline for a Fireworks Permit application
from Pauly School P.T.A.
Upon a motion by Councilman Barton, Emergency Ordinance
No. 2503 New Series of the Council of the City of Bakersfield
amending Section 14.40.040 (a) of the Municipal Code, was adopted
by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
Councilman Payne reported that at the Council Meeting of
May 16, 1979, he requested the staff to furnish him with copies of
any petitions from residents requesting special or additional
traffic devices in or around public schools and parks. The staff
furnished that information as follows:
1. Intersection of Stockdale Highway and E1
Rio Drive. Current studies indicate that
traffic signals are warranted. Signals
147
Bakersfield, California, May 30, 1979 - Page 5
o
are now being designed by a consultant and
funding has been requested in the 1979-80
Capital Improvement Budget for construction.
Intersection of Kroll Way and Montalvo
Drive. A traffic study was completed
November 3, 1978 and at that time it indi-
cated that that location did not warrant
additional protection. This intersection
is being re-evaluated to determine if the
situation has changed. On at least three
occasions in the past two weeks there have
been City personnel at that location con-
ducting a study. They are doing everything
possible to reach a solution that is
satisfactory to everyone.
REPORTS
Director of Fire and Development
the following letter from the May Company,
into the record:
Services Needham read
dated May 23, 1979,
Mr. Daniel W. Donahue
President
John S. Griffith & Co.
P.O. Box C 19525
Irvine, California 92713
Re: Bakersfield, California
Dear Dan:
I am delivering to you concurrently with and
subject to this letter, a letter dated May 18,
1979 which summarizes our understanding con-
cerning the proposal you have made for May's
occupancy in the proposed downtown Bakersfield
regional shopping center.
We had delayed delivery of such letter pending
evidence of supportive action by the City for
the revitalization of the downtown retail core.
We have found such evidence in the City Council's
action of May 16, 1979. As you are aware from
our repeated conversations with you and various
city officials, our continued interest in the
urban renewal project is based in material part
upon our anticipation that such support will
continue and of the unfailing dedication of
the City to rehabilitation and protection of
its downtown retail area.
Our willingness and desire to take part in re-
newing the retail vigor of downtown Bakersfield
must of necessity be dependent upon the
viability of the project and of our store.
So that no one be misled as to the extent of
our interest in your project, let me restate
our firm opinion that neither the project nor
148
Bakersfield, California, May 30, 1979 - Page 6
our store can be successful if there be within
the near future development of another regional
center in the market area. Should such eventu-
ality materialize we shall be free to terminate
our negotiations with you, as indicated in
paragraph 12 of the attached letter.
We trust that all interested parties will
continue to strive towards making downtown
the retail hub of Bakersfield. In that endeavor
you have our full support.
Cordially,
THE MAY DEPARTMENT STORES COMPANY
by R. DEAN WOLFE
Vice President
Department Store Real Estate
Councilman Miller asked what "near future" means in the
fourth paragraph of the letter.
Director of Fire and Development Services Needham stated
he could not answer for the May Company, however, his interpretation
is that it means within the period of time that they, in their
opinion, think that it might endanger the retail capabilities of
the downtown center.
Councilman Miller stated he feels, to a certain extent,
the City Council had abdicated some of its responsibilities with
regards to creating an aura whereby an outside concern is dictating
policies of the City and it upsets him.
Councilman Ratty stated he does not fee~ they are dictating
policy. They are being up front and telling us where they are at.
Councilman Christensen stated he would like to see a
positive answer secured rather than the term "near future." It is
very difficult for everyone to have the same meaning as to what
"near future" is.
Director of Fire and Development Services Needham stated
he would be happy to request May Company to submit a specific
answer for the Council.
Councilman Strong requested that the staff find out what
the May Company means by "near future," specifically 1985, as
mentioned by the development of the other shopping centers.
149
Bakers£~eld, C~l±forn±a, May 30, 1979 - Pgge 7
question became moot.
resubmit the original
changes in the E.I.R.
Councilman Means stated he resents the comments of other
Councilmen who have made this into a May Company versus Brock's.
What John Brock has done is appreciated in this community. Com-
paring local versus outside business should be referred to the
Redevelopment Agency. The Redevelopment Agency made the recommenda-
tions, it is made up of local businesses and they are well aware of
what is going on. They are making the recommendations to the
Council and he respects their judgments.
Upon a motion by Councilman Means, communication from
the May Company, dated May 23, 1979, regarding Bakersfield,
California, was received and ordered placed on file.
Councilman Payne requested Director of Fire and Develop-
ment Services Needham to contact the May Company and Griffith
Company and find out if they intend to abandon all plans for a
Downtown Shopping Center in the event someone proposes a regional
shopping center in the unincorporated area that surrounds the City.
Councilman Miller asked City Attorney Hoagland if he
investigated the question asked at last week's Council Meeting
regarding the legal aspects of restraining of trade.
City Attorney Hoagland stated he did not because the
Mr. Brock has indicated that he plans to
request for a General Plan amendment with
Councilman Strong stated he thinks the question is very
important because within the next 120 days another request for an
amendment to the General Plan for a shopping center in the north-
east could come before the Council. This request would be submitted
long before the Council receives a firm commitment from Griffith
Company. It is important that the Council consider their position
on the proposed amendment in the near future.
City Attorney Hoagland stated he would like to point out
that what the Council is engaged in is a legal determination
150
Bakersfield, California, May 30, 1979 - Page 8
relative to a General Plan change. The City can be sued if the
wrong reasons are given for turning something down. City Attorney
Hoagland also stated he would like to discuss, with the Council
at some future date in Executive Session, the possibility of
litigation.
CONSENT CALENDAR
The
(a)
(b)
following items were listed on the Consent
Allowance of Claims Nos. 5484 to 5660,
inclusive, in the amount of $552,108.07.
Grant of Sewer Line Easement from George
Machado providing the City with necessary
right-of-way to construct and maintain a
sanitary sewer trunk line located along
Panama Lane between Stine Road and South
"H" Street.
Calendar:
(c)
Sewer Easement from A & P Land Company,
Inc., providing for sewer as required
for tracts east and west of Hughes Lane,
south of Pacheco Road.
(d)
Sewer Easement from Loma Vista Construc-
tion providing for sewer as required for
the tracts east and west of Hughes Lane,
south of Pacheco Road.
(e)
Grant Deed from Regional Mortgage Company,
providing for drainage sump as required
for Tract No. 4017, located north of
Planz Road and west of South Chester
Avenue.
(f)
Improvement Agreement with Richard S.
Moberg for Parcel Map No. 3930 for con-
struction of improvements required by
the Planning Commission.
(g)
Map of Tract No. 4050 and Improvement
Agreement with Tenneco Realty Develop-
ment Corporation for construction of
improvements therein, located west of
Ashe Road between Ming Avenue and North
Half Moon Drive.
(h)
Map of Tract No. 4109 and Improvement
Agreement with Tenneco Realty Develop-
ment Corporation for construction of
improvements therein, located north of
White Lane between Ashe Road and South
Half Moon Drive.
(i) Notices of Completion and Acceptance of
Work for:
Tract No. 3944, Contract No. 77-174 with
Tenneco Realty Development Corporation,
located at Planz Road and Stine Road.
Bakersfield, California, May 30, 1979 - Page 9
151
(J)
(k)
(1)
(m)
(n)
Surfacing various streets in the Mayflower
Addition, Contract No. 79-69 with Granite
Construction Company.
Application for Encroachment Permit from
Gannon Enterprises, 4101 Union Avenue,
for construction of masonry wall 6 foot
high, 10 feet behind flowline of curb and
gutter along west side of Jewett Avenue
between 38th Street and 40th Street.
Application for Encroachment Permit from
Great Western Builders, Inc., 115 - 18th
Street, for construction of a 12" to 18"
retaining wall along east side of alley
located east of Ashe Road and south of
Herb Way. The wall will encroach 4" into
alley right-of-way.
Contract Change Order No. i to Contract
No. 79-28 with Granite Construction
Company for construction of various Storm
Drains (Elm Street, Myrtle Street, "T"
Street and Park Way). This Change Order
will provide for reconstruction of the
undamaged portion of Elm Street which
remained after installation of a storm
drain. The remaining pavement is in
poor condition and should be replaced.
This Change Order will add $14,674.36,
increasing the total contract amount to
$245,240.36.
Contract Change Order No. 1 to Contract
No. 79-53 with Griffith Company for Pave-
ment Improvements on portions of Ashe
Road, Fairfax Road and Panorama Drive.
This Change Order is required to provide
additional fill and base materials where
existing grades were lower than antici-
pated in the project design and will add
$5,099.44, increasing the total contract
to $97,637.44.
Request from Pacific West Exploration Co.,
P.O. Box 476, Tehachapi, California, for
permission to enter upon the City Munici-
pal Farm to conduct geophysical work.
This will be a vibroseis operation for
Chevron Oil and no holes will be drilled
or explosives used. The Public Works
Department recommends approval of the
request subject to the following:
1. Work to be completed within 90 days.
Company will indemnify and hold City
harmless from any claims as a result
of this operation.
Company shall be liable for any damages
or inconvenience to farm lessee or
construction work presently underway.
152
Bakersfield,
California,
May 30,
1979 - Page l0
(o)
(p)
(q)
(r)
Resolution No. 48-79 of the Council of
the City of Bakersfield approving an
Agreement securing Water Improvement
Costs with Loffland Brothers.
Request from Therese M. Quarles, 7604
Stockdale Highway #D, for amendment to
the General Plan for commercial use near
the northwest corner of Panama Lane and
Wible Road. (Refer to Planning Commission
for study and recommendation)
Request from Jay Alvin Wheelan, Regional
Mortgage Company, for amendment to the
General Plan for commercial use at the
northwest corner of Panama Lane and Wible
Road. (Refer to Planning Commission for
study and recommendation)
Claim for Damages from Rita J. Dean, 5811
Wagner Street, Bakersfield. (Refer to
City Attorney)
Upon
(d), (e), (f),
(q) and (r) of
roll call vote:
a motion by Councilman Miller, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
the Consent Calendar, were adopted by the following
Ayes:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid of Colombo
Construction Co., Inc., for construction of Corporation Yard
Facility Unit "E" Parking Canopy, was accepted and Budget Transfer
from the Council Contingency Fund to the appropriate account, in
the amount of $7,500, was approved.
Upon a motion by Councilman Strong, base bid of Albert
C. Acosta Construction Company for construction of Virginia Avenue,
Owens Street, South King Street and Potomac Avenue, was accepted,
the other bid rejected and the Mayor was authorized to execute the
contract.
Bakersfield, California, May 30, 1979 - Page ll
153
NEW BUSINESS
Approval of Agreement with Pacific
Gas and Electric Company for re-
location of underground electrical
systems at proposed location of the
new City Hall South Wing Addition.
Upon a motion by Councilman Christensen, Agreement with
Pacific Gas and Electric Company for relocation of underground
electrical systems at proposed location of the new City Hall South
Wing Addition at a cost of $8,786.00, was approved and the Mayor
was authorized to execute same.
Approval of Application for Encroach-
ment Permit from Gulf Oil Corporation,
for an oil well and related equipment
on property being acquired by the City
for the Truxtun Avenue Extension.
This encroachment is for an oil well and related equip-
ment on property being acquired by the City for the Truxtun Avenue
Extension. Gulf Oil, the wel~ operator, is executing a quit claim
deed to the City in exchange for an Encroachment Permit until pro-
duction from the well ceases. The encroachment will not interfere
with vehicular or pedestrian traffic on the proposed Truxtun Avenue,
Extension.
Upon a motion by Councilman Ratty, Application for
Encroachment Permit from Gulf Oil Corporation, P.O. Box 1392,
Bakersfield, for an oil well and related equipment on property
being acquired by the City for the Truxtun Avenue Extension, was
approved.
Adoption of Resolution No. 49-79 of
the Council of the City of Bakers-
field authorizing the City Staff, in
cooperation with the Golden Empire
Transit District, to file through
the Kern Council of Governments, an
Application for Federal Department
of Transportation funding for a
Planning Grant for an Intermodal
Transit Facility with associated
parking.
Director of Fire and Development Services Needham stated
the staff was informed last Friday in a meeting with KERN COG and
G.E.T. representatives that Federal funds are available for the
154
Bakersfield,
California, May 30, 1979 - Page 12
planning and future downtown bus terminal and parking facility.
The funding is available through the Department of Transportation
under the Urban Initiatives Program. This application must be
processed by KERN COG and submitted to the Department of Transporta-
tion by June 15, 1979. This is not a commitment, it is just
authorization to proceed with the application for funds.
Upon a motion by Councilman Means, Resolution No. 49-79
of the Council of the City of Bakersfield authorizing the City
Staff, in cooperation with the Golden Empire Transit District, to
file through the Kern Council of Governments, an Application for
Federal Department of Transportation funding for a Planning Grant
for an Intermodal Transit Facility with associated parking, was
adopted by the following roll call vote:
Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Ayes:
Noes: None
Absent: None
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Mary Margaret and John Scott Johnson to
the decision of the Board of Zoning Adjustment denying their request
for Modification of an R-1 (One Family Dwelling) Zone to permit the
elimination of the required off-street parking on that certain
property commonly known as 2713 Renegade Avenue.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. John Scott Johnson, the applicant, stated his property
meets the requirements for the off-street parking, except for three
feet, and he requested that the Council grant the modification.
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.
Bakersfield, California, May 30, 1979 - Page 13
155
After discussion, upon a motion by Councilman Miller,
Zoning Resolution No. 268 granting Modification of the Land Use
Zoning Ordinance of the City of Bakersfield to permit the elimina-
tion of three feet of the required off-street parking on that
certain property commonly known as 2713 Renegade Avenue, was
adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton,
Christensen
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 9:25 P.M.
ATTEST:
CITY a Officio Clerk of the Council
of the City of ~kersfield, California
ma
156
Bakersfield,
California, June 13, 1979
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., June 13, 1979.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present:
Absent:
Mayor Hart.
None
Minutes of the regular meeting of May 30~
approved as presented.
Councilmen Miller, Payne, Ratty, Strong,
Barton, Christensen, Means
1979 were
PRESENTATION OF RETIREMENT PLAQUE
Mayor Hart presented a retirement plaque to Mr. Robert
Porter, who completed 27 years of service with the Public Works
Department of the City of Bakersfield, effective May 14, 1979.
SCHEDULED PUBLIC STATEMENTS
Mrs. Edna Buster, 2009 California Avenue, referred to a
letter she sent to John R. Doty, Kern County Treasurer and Tax
Collector, stated the garbage pickup charge has been deducted from
her property taxes because she does not use this City service. Mrs.
Buster stated she was present tonight to obtain answers to the
questions asked at the Council Meeting of May 30, 1979, regarding
the charge for garbage pickup.
Mayor Hart requested Mrs. Buster to make an appointment
with him for Tuesday, June 19, 1979, in order to discuss this
problem in detail and possibly reach a solution.
Mr. Jack Duncan, 527 Pheasant Avenue, spoke to the Council
about the concept of CETA funding.
Mrs. George Ming, 2119 Ming Avenue, President of the
Kern County Historical Society, stated that under the sponsorship
of the Kern County Historical Society the Father Garces Statue was
dedicated to the people of Bakersfield and Kern County in a public
ceremony on May 7, 1939, and they are very concerned about the
157
Bakersfield, California, June 13, 1979 - Page 2
present location of the statue. The Kern County Historical Society
is requesting that no action be taken by the City, regarding the
statue, without the participation of the Garces Memorial Statue
Committee of the Kern County Historical Society.
Councilman Ratty made a motion that the Council adopt
the policy requested by the Kern County Historical Society that
no action be taken by the City, regarding the Father Garces Statue,
without their participation.
Councilman Barton requested that Councilman Ratty amend
his motion to include a direction to the City Attorney to investi-
gate any legal ramifications that might have been included when
the City accepted the gift of the statue.
Councilman Ratty's amended motion that the Council adopt
the policy requested by the Kern County Historical Society that no
action be taken by the City, regarding the Father Garces Statue,
without their participation and the City Attorney investigate any
legal ramifications that might have been included when the City
accepted the gift, was approved.
Mr. Jerry Stafford, President of the Optimist Club,
requested that the Council waive the filing deadline for an appli-
cation for a Fireworks Permit.
Mr. Gary McKibbin, President of the Downtown Lions Club,
requested that the Council waive the filing deadline for an appli-
cation for a Fireworks Permit.
Upon a motion by Councilman Ratty, requests of the
Optimist Club and Downtown Lions Club that the filing deadline for
an application for a Fireworks Permit be waived,were granted.
Councilman Ratty asked what the absolute time limit was
to receive Fireworks Permit applications and still give the various
departments time to conduct inspections.
Director of Fire & Development Services Needham stated
Fireworks Booths open for business on June 28, 1979, which is
158
Bakersfield, Cali£ornia, June 13, 1979 - Page 3
usually 6 or 7 days prior to July 4th. The Fire Department and
Building Department would have to have at least 4 days before
June 28th to make the proper inspections.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
B. J. Wattenbarger, 6313 Jennifer Street, dated June ll, 1979,
regarding parking problems in the vicinity of the courthouse, was
received and directed to be forwarded to the Kern County Board of
Supervisors.
Upon a motion by Councilman Means, communication from
Donald M. Hart, Chairman of the Board of Trustees of the City of
Bakersfield's Relief and Pension Fund for the Fire Department,
dated June ll, 1979, requesting an increase for retirees, was
received and referred to the Budget Review and Finance Committee
for study and recommendation. (Later in the meeting this action
was rescinded and the communication was referred to the Govern-
mental Efficiency and Personnel Committee).
COUNCIL STATEMENTS
Councilman Christensen read a letter from a constituent
regarding a problem as to who is responsible for taking care of 6
Cork Elm Trees located in the public right-of-way at 817 and 819
Kentucky Street. Councilman Christensen made a motion that the
trees be removed.
Director of Public Works Hawley stated he has not seen
the trees, however, if in the opinion of the Public Works Depart-
ment staff they are creating a problem to pedestrian or vehicular
traffic the City will remove them.
Councilman Means stated he could not support removing
any trees in the City unless a report is made to the Council that
it is necessary.
After further discussion Councilman Christensen withdrew
his motion to remove the trees with the understanding that the
Public Works Department will investigate the problem.
Bakersfield, California, June 13, 1979 - Page 4
159
Councilman Miller requested that the following questions
be answered by the Director of Fire & Development Services by the
Council Meeting of June 27, 1979:
1. I would like to see the financial analysis
for the Downtown Mall.
Ao
Bo
If the Griffith Company and May Company
have made a decision that the Downtown
Project is feasible and that the local
market cannot support a second mall in
conjunction with the Downtown area,
exactly where is the documentation to
support their findings and why hasn't
such information been made public?
I would like to see a cost breakdown
of expenses undertaken by the City made
public.
(1) So far, how much has been expended?
(2) The estimated cost to secure the
land.
(3) The projected cost £or construc-
tion of parking facilities.
(4) The expenses for relocation of
downtown tenants.
(5)
The estimated cost of relocating
traffic routes, street changes,
utilities, and some documentation
regarding which entity will bear
the cost of rebuilding the free-
way off ramps to accommodate flow
of traffic.
(6)
What is the estimated revenue loss
to other public districts, i.e.
schools, etc., due to the creation
of an essentially tax free island?
(7)
What are the projected lease rates
and the difference between current
and new rates which will affect
local merchants. Exactly how much
more will it cost them above current
rents to be located in the new
facility?
Co
In what way does the City propose to
finance this project. In view of
Proposition 13, what means does the
City and the Redevelopment Agency
propose to raise funds without burdening
the taxpayers? Essentially, I would
like to know exactly how much this
project is going to cost the taxpayers
of this City.
160
Bakersfield, California, June 13, 1979 - Page 5
2. I am also concerned about certain other
aspects of this project.
Certain areas are outside the proposed mall
site. These areas are not within the
bounds of the Redevelopment Agency juris-
diction. If this section must be done
separately, how long will it take to secure
the property? What sort of time frame are
we looking at with regard to the applica-
tion of the E.I.R.s, etc.
How much time will it take to acquire the
land for the proposed site and what is
the predetermined price for the land that
will be sold to the developer.
Upon a motion by Councilman Means previous actio~ under
Correspondence, to refer a communication from Donald M. Hart,
Chairman of the Board o£ Trustees of the City of Bakersfield's
Relief and Pension Fund for the Fire Department, dated June ll,
1979, requesting an increase for retirees, to the Budget Review
and Finance Committee for study and recommendation, was rescinded.
Upon a motion by Councilman Means, communication from
Donald M. Hart, Chairman of the Board of Trustees of the City of
Bakersfield's Relief and Pension Fund for the Fire Department,
dated June ll, 1979, requesting an increase for retirees, was
received and referred to the Governmental Efficiency and Personnel
Committee for study and recommendation.
Councilman Christensen asked if the staff had obtained
an answer from the May Company regarding what they meant, in their
correspondence presented to the Council at the meeting of May 30,
1979, by the term "near future."
Director of Fire & Development Services Needham stated
he discussed this matter, and also the question asked by Councilman
Payne, with the developer and at this point in time an answer has
not been received.
Councilman Ratty stated the County of Kern is initiating
action against the Civil Aeronautics Board for allowing United
Airlines to pull out of Bakersfield leaving this area without
adequate airline service. The funds the Council allocated towards
Bakersfield, California, June 13, 1979 - Page 6
161
this action h~ebeen depleted. Councilman Ratty made a motion
that the Intergovernmental Relations Committee take under advise-
ment the City's participation, with the County of Kern, to help in
their action against the C.A.B. to retain United Airlines service
until such time as Bakersfield can receive adequate airline service
to this area. This motion was unanimously approved.
Councilman Ratty requested that two copies of the City
of Bakersfield's Budget be placed in the library for public use.
Councilman Ratty was informed that copies have already been placed
in the library.
REPORTS
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, presented Report No. 4-79 regarding Unification
of Fire Services in Metropolitan Bakersfield, as follows:
The purpose of this report is to capsulize the
principal results of discussions which have
recently occurred between representatives of
the County of Kern and City of Bakersfield
relative to the unification of Fire Services.
These discussions have proven to be complex
in nature and representatives of both the
City and County legislative bodies and staffs
have taken part in the disucssions.
There are several reasons for the complexity
which surrounds the issue of unifying Fire
Services in the Metropolitan Bakersfield area.
They are summarized, from the points of view
of the parties involved, as follows:
The legislative bodies have concerns which
relate to control of and responsibility for
Fire Services within their respective juris-
dictions. This element of local control
relative to policies concerning service levels
is a significant matter and one which must be
thoroughly evaluated and understood in any
effort devoted to the unification of Fire
Services.
The public has obvious concerns relative to
any adverse effects the unification could have
on customary service levels. The public will
also have concern relative to what agency will
continue to provide Fire Services should a
unification be implemented. Confidences have
been established over the years and any change
in the assignment of Fire Services' responsi-
bility can only be accomplished when public
concern is satisfied. A great need in
162
Bakersfield, California, June 13,
1979 - Page 7
approaching a successful unification of Fire
Services will be a high degree of public review
with resulting input.
The Fire Services' employees have great concerns
as to the impact a unification could have on
their careers. These concerns manifest them-
selves in terms of job retention, relative
(City and County) salaries and employee benefits,
and opportunities for advancements should a
unification be implemented.
The City and County Fire Departments have con-
cerns which relate to methodology and organi-
zation. The City Fire Department provides
services in a relatively densely populated
urbanized area while the County Fire Depart-
ment provides services in both rural and urban
areas. There are different points of emphasis
which need to be reconciled if a unification
in the Metropolitan area of Bakersfield is to
be successful.
These concerns of the parties involved in an
effort to unify Fire Services do not offset
the desirability of the goal. Instead, they
identify the points that must be answered in
managing a successful unification of Fire
Services in the Metropolitan Bakersfield area.
Metropolitan Bakersfield is an area of con-
siderable and apparently, sustained growth.
The City and County Fire Service areas have
become more compacted, and this has led to
many obvious duplications of Fire Services'
capabilities and resources. Simultaneously,
there has been a substantial increase in the
costs of providing Fire Services. The growth
of the budgets of the two departments provides
justification for this assertion:
1968-69 Fiscal Year Budget
No. of Employees
City $ 1,410,000 144
County 5,663,095 417
1977-78 Fiscal Year
City 5,316,000 154
County 15,174,712 501
The available data do not specifically identify
how much of this overall County budgetary in-
crease was assigned to the Metropolitan Bakers-
field area. As a reflection of the City in-
crease, the County's investment in Fire Services
resources and personnel can, however, be
considered as substantial. Certainly the
possibility is that a unification could offset
much of the increase in future Fire Services'
costs.
At the same time Fire Services' costs are
increasing, the abilities of both City and
County to meet the increases are diminishing.
Bakersfield, California, June 13, 1979 - Page 8
163
The Article XIII, "a" (Proposition 13) revenue
limitations will be felt with the 1980-81 fiscal
year, and precious little planning time remains
if a Fire Services unification is to be success-
fully implemented. There is, indeed, fair
justification to the assertion that a unification
of Fire Services will be the best means available
to assure the maintenance of service levels.
Without unification, the City and County could
well be faced with unilateral reductions to meet
more severe financial limitations.
A study of the possibility of unifying the Fire
Services of the City and County in the Metro-
politan Bakersfield areas merits approval by
the Board of Supervisors and the City Council.
As mentioned, the Fire Services' potentials of
both entities could be more adversely affected
than if a unification is not approved.
The City Manager and County Administrative Officer
believe the City Council and Board of Supervisors
should approach the issue of the unification of
Fire Services under a consistent general policy.
Such a policy is needed to insure that the
sensitivities of the parties involved receive
attention, and that the two entities involved
have a consistent understanding. The attached
"Draft Policy Resolution" has been prepared in
an effort to gain the desired statement of
policy from the City Council and County Board
of Supervisors.
For the reasons cited in this report, IT IS
RECOMMENDED:
That the City Counci~ and the Board of
Supervisors adopt the attached "Policy
Resolution" relative to the unification
of Fire Services in Metropolitan Bakers-
field, and authorize their Mayor and
Chairman to sign.
That the County Administrative Officer and
City Manager be authorized and directed to
undertake an evaluation of the possibility
of unifying Fire Services in the Metropoli-
tan Bakersfield area.
That the City Council and Board of Super-
visors direct that this evaluation consider
and devote full sensitivity to the parties
which would be affected by the unification.
That the County Administrative Officer and
City Manager be directed to report back to
the Board and Council with a recommended
methodology for conducting this evaluation
on July 10, 1979.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 4-79 regarding Unification of Fire
Services in Metropolitan Bakersfield, was accepted; and recommenda-
tions as outlined in the report, were approved.
164
Bakersfield, California, June 13, 1979 - Page 9
Adoption of Resolution No. 50-79 of
the Council of the City of Bakers-
field and the Board of Supervisors
of the County of Kern evaluating the
Unification of Fire Services within
the Metropolitan Bakersfield Area.
Upon a motion by Councilman Ratty, Resolution No. 50-79
of the Council of the City of Bakersfield and the Board of Super-
visors of the County of Kern evaluating the Unification of Fire
Services within the Metropolitan Bakersfield Area, was adopted by
the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 2-79 regarding Kern Phil-
harmonic, as follows:
This Committee has met with representatives of
the Kern Philharmonic to discuss their request
of financial support from the City. It is the
feeling of the two Committee members who were
in attendance that favorable consideration
should be given to some financial support in
light of the cultural contribution to the
community made by the Kern Philharmonic.
However, the support should come from both the
City and the County. Presently, no funds have
been budgeted by either the City or the County
for this purpose. It would be the Committee's
recommendation that at a later date when the
financial picture for 1979-80 is clearer, this
Committee meet with representatives from the
County regarding this matter.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 2-79 regarding Kern Philharmonic,
was accepted; and recommendations as outlined in the report, were
approved.
Director of Fire & Development Services Needham reported
that in the latter part of 1978 the Council adopted an In Lieu
Parking Fee Ordinance enabling businesses, who had insufficient
parking, to open and operate in the City. This ordinance provides
an option of paying a specified amount of money and this money is
165
Bakersfield,
California,
June 13,
1979 - Page l0
to be used to buy future parking. From time to time, in certain
ordinances, difficulties are found and the In Lieu Parking Fee
Ordinance has one area that should be studied and the staff may
have a solution. It is recommended that the In Lieu Parking Fee
Ordinance be referred to the Business Development and Parking
Committee for study and recommendation.
Upon a motion by Councilman Payne, the In Lieu Parking
Fee Ordinance was referred to the Business Development and Parking
Committee for study and recommendation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5661 to 5975,
inclusive, in the amount of $856,484.66.
(b)
Claim for Damages from Kern Insurance
Associates, Inc., on behalf of Eleanor G.
Pryor, 521 New Stine Road, Bakersfield.
(Refer to City Attorney)
(c)
(d)
Claim for Damages and Personal Injuries
from James H. Soeten as Guardian ad Litem
of Robert Kenneth Soeten, 2330 "B" Street,
Bakersfield. (Refer to City Attorney)
Claim for Damages from The Hartford
Insurance Company on behalf of E. W.
Dodge, 2323 Terrace Way, Bakersfield.
(Refer to City Attorney)
(e)
Corrected Street Right-of-Way Deed from
California Water Service Company for the
alignment of Greenmore Lane between
Pacheco Road and Tract No. 3972 "B",
located south of Pacheco Road and approxi-
mately 1600 feet east of Stine Road.
(f)
Street Right-of-Way Deed and Sewer Ease-
ment from Chester Mortgage & Investment
Company, Inc. and Lawton Powers and
Associates, Inc., providing a 20 foot
radius return at soufheast corner of
Chester Avenue and West Columbus Street
and an easement for sewer purposes as
required for Parcel Map No. 5365, located
between 40th Street and West Columbus
Street, east of Chester Avenue.
(g)
Improvement Agreement with George Wadman
for Parcel Map No. 5102 for construction
of improvements required by the Planning
Commission, located between Brundage Lane
and State Highway 58 and west of Oleander
Avenue.
166
Bakersfield,
California,
June 13, 1979 - Page ll
(h)
(i)
(J)
(k)
(i)
(m)
(n)
Improvement Agreement with Chester
Mortgage & Investment Co., Inc. and
Lawton Powers & Associates, Inc., for
Parcel Map No. 5365 for construction of
improvements required by the Planning
Commission, located between 40th Street
and West Columbus Street, east of Chester
Avenue.
Notice of Completion and Acceptance of
Work for improvements on:
Construction of Corporation Yard Storage
Bins, Contract No. 79-61 with Jim Alfter.
Resurfacing 34th Street and portions of
"N" and 8th Streets, Contract No. 78-164
with Granite Construction Company.
Various Storm Drains in Elm Street, Myrtle
Street, "T" Street and Park Way, Contract
No. 79-28 with Granite Construction Co.
Plans and Specifications for Street and
Drainage Improvements within the Homaker
Park Area (bounded by Jewett Avenue,
Espee Street, Union Avenue and 34th
Street).
Plans and Specifications for curb and
gutter, paving and street improvements
on various streets in the Kern Division
(bounded by California Avenue, Union
Avenue, Santa Fe Railroad and Southern
Pacific Railroad).
Contract Change Order No. i to Contract
No. 79-29 with Galland Electric Corpo-
ration for construction of Traffic Signal
Systems and Street Improvements at
various locations (California Avenue at
Easton Drive and Chester Lane, and Ming
Avenue at Stine Road and New Stine Road).
This Change Order is required to provide
additional road work and to relocate
standards to clear utilities that could
not be located prior to construction.
This Change Order will add $2,800.00,
increasing total contract amount to
$243,278.00.
Contract Change Order No. i to Contract
No. 79-68 with Granite Construction
Company for South King Street Recon-
struction. This Change Order provides
for relocation of two driveways to coin-
cide with existing gates at Union
Cemetery and will add $304.00, increasing
the total contract to $98,017.
Request from Stephen H. Montgomery, M.D.,
for annexation of property located at
2201 Alta Vista Drive. (Refer to Planning
Commission for study and recommendation)
Bakersfield, California, June 13, 1979 - Page 12
167
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of Galland
Electric for construction of Traffic Signal Systems at the inter-
sections of Oak Street/21st Street and Pierce Road/Gilmore Street
and Modifications to Tra£fic Signals and Lighting on Chester
Avenue from 18th Street to 21st Street, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, all bids for construc-
tion of Curb and Gutters on various streets in the Lowell Addition,
were rejected and the Finance Department was authorized to rebid
the project.
Upon a motion by Councilman Payne, low bid of Granite
Construction Company for resurfacing and improving portions of
Columbus Street, New Stine Road and Wible Road, was accepted, all
other bids rejected, the Mayor was authorized to execute the
contract and Budget Transfer from the Council Contingency Fund to
the appropriate account, in the amount of $3,000.00, was approved.
Upon a motion by Councilman Barton, low bid of Micon
Construction for construction of the Pacheco Greenbelt and Wilson
Park Subsurface Drain Systems, was accepted, the other bid rejected
and the Mayor was authorized to execute the contract.
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located north of Pacheco
Road and east of Stine Road.
168
Bakersfield, California, June 13, 1979 - Page 13
The application for this amendment was made by Jerry E.
Vancuren and would change subject properties from an "A" (Agri-
cultural) Zone to an M-1-D (Light Manufacturing - Architectural
Design) and M-2 (General Manufacturing), or more restrictive Zones.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of those certain properties in the
City of Bakersfield located north of Pacheco Road and east of Stine
Road.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on "L" Street
between California Avenue and 14th
Street.
The application for this amendment was made by A. Dwight
Danley and would change subject properties from an R-4 (Multiple
Family Dwelling) Zone to a C-2-D (Commercial - Architectural
Design), or more restrictive Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of those certain properties in the
City of Bakersfield located on "L" Street between California Avenue
and 14th Street.
Approval of Budget Transfer from
Council Contingency Account to
Election Account, in the amount of
$4,700.00, to cover cost of Council
Election held March 6, 1979.
This budget transfer is necessary to cover the cost of
Council Election held March 6, 1979. Due to a change in the School
Board Election date, the City had to bear the entire cost of the
election, plus the unanticipated Special Election cost in the 3rd
Ward.
Upon a motion by Councilman Barton, Budget Transfer from
Council Contingency Account No. 11-512-6100 to Election Account No,
Bakersfield, California, June 13, 1979 - Page 14
169
11-524-1800, in the amount of $4,700.00, to cover the cost of
Council Election held March 6, 1979, was approved.
Approval of Contract with Musicians'
Union Local 263 for Seven Band
Concerts in Beale Park.
Upon a motion by Councilman Christensen, Contract with
Musicians' Union Local 263 for seven Band Concerts to be held in
Beale Park commencing June 17, 1979 and extending through July 29,
1979, was approved and the Mayor was authorized to execute same.
Approval of Agreements with Willard
Martin for the operation of Concession
Stands in Jastro, Patriots, Planz and
Beale Parks.
Upon a motion by Councilman Ratty, Agreements with
Willard Martin for the operation of Concession Stands in Jastro,
Patriots, Planz and Beale Parks,were approved and the Mayor was
authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Tenneco
Realty Development Corporation pro-
viding for a cash contribution to
the City of $120,000 for Traffic
Signal Installations at the inter-
sections of California Avenue with
Lennox Avenue and Business Center
Drive.
This agreement is contingent upon the City constructing
a signal at Mohawk Street and California Avenue as recommended in
the draft of the 1979-80 Capital Improvement Budget.
Upon a motion by Councilman Ratty, Agreement between the
City of Bakersfield and Tenneco Realty Development Corporation
providing for a cash contribution to the City of $120,000 for
Traffic Signal Installations at the intersections of California
Avenue with Lennox Avenue and Business Center Drive, was approved
and the Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Biggar,
Frapwell, Ghezzi and Cartnal, Inc.,
providing terms and conditions for
design of offices for Water Depart-
ment adjacent to the Corporation
Yard Administrative Office facilities.
170
Bakersfield, California, June 13, 1979 - Page 15
Department
facilities,
same.
Upon a motion by Councilman Payne, Agreement between the
City of Bakersfield and Biggar, Frapwell, Ghezzi and Cartnal, Inc.,
providing terms and conditions for design of offices for Water
adjacent to the Corporation Yard Administrative Office
was approved and the Mayor was authorized to execute
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Leo Blackburn to the decision of the Board
of Zoning Adjustment regarding a request by Rose Mary Ortiz for a
Modification to permit a seven-foot high fence in the required side
yard setback where maximum allowable fence height is six feet in
an R-1 (One Family Dwelling) Zone, affecting that certain property
in the City of Bakersfield commonly known as lll6 E1 Sereno Drive.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Leo Blackburn, lll2 E1 Sereno Drive, stated he
opposes granting a modification to permit the construction of a
7 foot high fence at lll6 E1 Sereno Drive, because it is unsightly
and a 6 foot high block wall already separates the two parcels of
property. Mr. Blackburn also stated if some sort of a compromise
could be reached he would be willing to do almost anything.
Mr. Jesse Ortiz, ll16 E1 Sereno Drive, stated he had a
swimming pool installed and the wood fence was to be installed to
provide privacy for his property because the 6 foot block wall is
on Mr. Blackburn's property. Mr. Ortiz also stated he is willing
to negotiate to solve this problem.
In answer to a question by Councilman Payne, Mr. Black-
burn stated his property has been placed on the market for sale
and he feels the wood fence adjacent to the block wall will have
an affect on the salability of his property. The same conditions
Bakersfield, California, June 13,
1979 - Page 16
171
prevail in back of his garage where a wooden fence was bolted to a
chain link fence.
In answer to a question by Councilman Payne, Mr. Ortiz
stated that the picture the Council has looked at is an unfinished
product. When the fence is completed the back side will look
exactly like the side that faces his property. This is a very
expensive wood grain finish fence and will look like the wood that
is being placed on new houses that are being constructed.
No further 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.
City Attorney Hoagland stated the Board of Zoning Adjust-
ment, in granting the modification, required Mr. Ortiz to finish
the back side of the fence exactly like the front.
During discussion City Attorney Hoagland stated that
Mr. Blackburn could grant Mr. Ortiz an easement along the fence
line and subsequent owners could not alter that fence without his
permission. In other words it would become a common fence between
the two properties.
After further discussion and in order to work out a
compromise between the two property owners, Councilman Means made
a motion that the public hearing on an Appeal by Leo Blackburn to
the decision of the Board of Zoning Adjustment regarding a request
by Rose Mary Ortiz for a Modification to permit a seven-foot high
fence in the required side yard setback where maximum allowable
fence height is six feet in an R-1 (One Family Dwelling) Zone,
affecting that certain property in the City of Bakersfield commonly
known as 1116 E1 Sereno Drive, be continued until the Council
Meeting of June 27, 1979. This motion was approved by the following
roll call vote:
Ayes: Councilmen Miller, Payne, Ratty,
Christensen, Means
Noes: None
Strong, Barton,
Absent: None
172
Bakersfield, California, June 13, 1979 - Page 17
This is the time set for public hearing regarding the
Negative Declaration and Amendment to the Circulation Element of
the Bakersfield Metropolitan Area General Plan concerning the
following areas:
1. Deletion of Planz Road between Wilson
Road and Old River Road.
o
Realign White Lane west of Gosford Road,
northerly one-half mile to intersect with
Old River at the former intersection of
Fraser Road and Old River Road.
Realign Old River Road approximately 1200
feet westerly commencing one-quarter mile
north of Fraser Road and continuing to the
intersection of Stockdale Highway.
Realign Ming Avenue to the south line of
Sections 4, 5 and 6, Township 30 South,
Range 27 East, between Ashe Road and
Buena Vista Road.
Realign Wilson Road southerly commencing
approximately one-quarter mile westerly
of Stine Road thence south to White Lane.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The Planning Commission held a public
1979.
hearing on May 16,
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Chuck Tolfree, representing Tenneco Realty Develop-
ment Corporation, spoke in favor of the amendment.
No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Payne, Resolution No. 51-79
of the City Council of the City of Bakersfield approving and
adopting an Amendment to the Circulation Element of the Bakersfield
Metropolitan Area General Plan, was adopted by the following roll
call vote:
Ratty, Strong, Barton,
Ayes:
Noes:
Absent:
Councilmen Miller, Payne,
Christensen,
None
Councilman Means
Bakersfield, California, June 13, 1979 - Page 18
173
EXECUTIVE SESSION
Upon a motion by Councilman Christensen, the Council
recessed to an Executive Session at 9:50 P.M. for consultation
with the City's Labor Negotiator regarding Meet and Confer Sessions.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Miller, the meeting was
adjourned at 10:51 P.M.
MAY~ o~the Cit~ield, Calif.
ATTEST:
CITY K fficio Clerk of the Council
of the City of~Bakersfield, California
ma
17 4
Bakersfield, California, June 19, 1979
Minutes of the Council of the City of Bakersfield,
California, meeting in budget session at 7:00 P.M., June 19, 1979.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Payne, Ratty, Strong (seated at
7:05 P.M.), Christensen, Means,
Miller
Absent: Councilman Barton
Assistant City Manager-Finance Kelmar stated basically
the Capital Improvement Budget represents a formalized program of
proposed major capital expenditures. It requires department heads
to plan and formalize their needs, sets forth overall community
needs and discourages a piecemeal approach to planning. It also
allows taxpayers an opportunity to know what to expect and express
their desires in the way of capital improvements. State law also
has a legal requirement that if a government entity adopts a
General Plan they must have a Capital Improvement Program or pro-
posed public works projects for the following fiscal year. In
the past the City has had a five year program which went beyond
legal requirements. The five year program demonstrated what some
of the planning and needs were. In light of Proposition 13 and
the restrictions the staff foresees, in future available funds,
it was felt it might be more helpful to the Council to prepare a
ten year program. The staff felt it might be very helpful to the
Council to see some of the longer range needs in terms of what is
perceived as priorities and allow better planning under the severe
limitations that will have to be faced in terms of funding.
The Council should be aware that many of the projects
shown in later years will probably be changed because of economics
or priorities in the community. Not only for the benefit of the
Council, but also the staff, this has proven to be an interesting
exercise because there were many more needs than was possible to
encompass within the ten year program.
Bakersfield,
California, June 19, 1979 - Page 2
175
Basically the process of preparing the Capital Improve-
ment Program begins in November of each year at which time depart-
ment heads are requested to submit their needs to a Capital
Improvement Program Coordinating Committee made up of staff
members. The members of this committee meet with each department
head and discuss requests. Based on these discussions priorities
are determined on the availability of funding. The document is
then prepared and submitted to the Council in March of each year
for comments. After Council comments are received the document
is forwarded to the Planning Commission for review and public
hearings. The Planning Commission holds two hearings on the over-
all Community Development Block Grant Program which contains
Capital Improvement Projects. In addition, the Planning Commission
conducts a Possible Use Hearing on Revenue Sharing Funds, which
provides an opportunity for the general public to indicate their
desires on how the funds should be utilized. One of the reasons
the Possible Use Hearing is conducted by the Planning Commission,
at the same time as they review the Capital Improvement Program,
is because of a prior Council policy that Revenue Sharing Funds
be used only in connection with Capital Improvement Projects. The
concept was that the City does not have any assurance of how long
the Revenue Sharing Funds will be continued.
The Planning Commission then submits the document to the
Council for their consideration. There is a letter from the
Planning Commission containing their recommendations regarding the
Capital Improvement Program.
Public Hearing on Federal Revenue
Sharing Funds.
Mayor Hart declared the meeting open for public hearing
on Revenue Sharing Funds. No one in the audience indicated a wish
to speak and Mayor Hart closed the public hearing.
17'6
Bakersfield, California, June 19, 1979 - Page 3
CAPITAL IMPROVEMENT PROGRAM 1979-80
The Council and staff reviewed the Capital Improvement
Program for Fiscal Year 1979-80 by categories, as follows:
ENVIRONMENTAL SERVICES
A total of $16,307,000 is proposed for improve-
ments related to storm drains, sewers and
waste water treatment for the next ten years.
Storm drains, in the amount of $1,680,000, are
being proposed. This includes the final pay-
ment of the City's share of the Northeast Storm
Drain Project which was originally financed by
the County and the City has been reimbursing
the County for its share over a six year period.
The projects funded with Community Development
Block Grant Funds will provide further drainage
relief to the residents within the target area.
Sewer projects total $9,047,000, the most
significant being the East Niles-Morning Drive
and Gosford-Calloway Interceptor sewers which
amount to $7,900,000. These main trunk lines
will serve the growing Northeast and Southwest
areas. It is intended that as developers
connect to these lines, the City will be reim-
bursed through connection charges.
Waste water treatment projects amount to
$5,580,000. The major one totalling $5,500,000
being the expansion of Treatment Plant No. 3
in the southwest area. Presently a study,
mandated by the State, is being performed
through KERNCOG for sewer service in the Rose-
dale, Fruitvale and Southwest Bakersfield area.
The State is funding 87~% of the cost. This
study will recommend future service area
responsibility for Treatment Plant No. 3.
However, present and future growth in south-
west Bakersfield alone will require expansion
of this plant.
In answer to a question by Councilman Payne, Public
Works Director Hawley stated the Castro Lane-Lum Avenue area has
been a problem for the City. The existing sump is isolated, in-
adequate in size and after a normal storm causes flooding on Doris
Lane. By eliminating the drainfield it will stop flooding problems
on Doris Lane and a maintenance problem for the Public Works Depart-
ment. The Public Works Department investigated various alternatives
and the $42,000 for the Castro Lane-Lum Avenue Storm Drain is the
least expensive at this point. The sump property will be declared
surplus, however, it is not anticipated that the revenue from the
177
Bakersfield, California, June 19, 1979 - Page 4
sale of the property will be very much because it will have to
be filled with dirt.
Councilman Payne asked if this property could be con-
verted into a neighborhood park or open space area for residents
rather than sold.
Director of Public Works Hawley stated if the concern
is about zoning the property the City, at the time it is declared
surplus~ could restrict it to single family or whatever the Council
desired.
Mayor Hart suggested that the rules regarding conduct
at this meeting be waived so that direct exchanges between the
Council and staff could take place without having to go through
the chair.
Upon a motion by Councilman Christensen, rules regarding
conduct at this meeting were waived so that direct exchanges
between the Council and staff could take place without having to
go through the chair.
RECREATION AND CULTURAL SERVICES
A total of $3,346,715 is proposed for improve-
ments related to parks and the Civic Auditorium
for the next ten years.
The City has committed itself to the develop-
ment of two new parks in the next two years -
Castle and University. With the probability
of reduced resources being available for new
park development in future years, a possible
new funding mechanism for park development is
proposed as an alternative the Council may
want to consider - Improvement and Maintenance
District. This concept entails the formation
of a district in an area to be served by a
park whereby the residents in that area would
pay for the parks improvements similar to a
Public Improvement District used for sewers,
streets, etc. It should also be noted State
funding from State Park Funds will terminate
in 1979-80 and the remaining allocation under
the 1976 State Park Funds will be utilized in
1980-81.
Civic Auditorium improvements proposed consist
of property acquisition for additional parking
and any future modifications. When the
Auditorium was originally planned in the late
1950's the parking was predicated on the off-
178
Bakersfield, California, June 19, 1979 - Page 5
street parking requirement of one parking space
for each six seats provided, however, the
Auditorium management has determined this is
totally inadequate and more realistically the
parking area should provide parking for each
three seats provided. In addition, the parking
area was planned to provide parking for a
maximum of three thousand people at an event
which represents the approximate number of
seats in the Auditorium. However, the present
management has been combining both the arena
and auditorium for events thus increasing the
capacity to six thousand people for many events.
The request for a storage building is again
indicated, as a need, however the disposition
of the proposed hotel will have a bearing on
when and where this should be constructed.
PUBLIC SAFETY SERVICES
A total of $987,500 is proposed for improve-
ments related to the Police and Fire Depart-
ments over the next ten years.
The Police Department requests relate primarily
to improvements at the Pistol Range for safety
purposes now that the surrounding area will be
utilized and to replace lost parking due to
the construction of the Truxtun Avenue extension
and improvements at the Police Facility to
provide additional parking for motorcycles and
police cars. In addition, certain communication
improvements are needed to complete the micro-
wave system now being constructed.
Fire Department improvements primarily relate
to the remaining two phases at the Headquarters
station. These consist of constructing a new
squad room on the property adjacent which was
acquired during the prior fiscal year and then
remodeling of the present offices. A back-up
system for the fire alerting system and a
future fire station in the Rio Bravo area are
other significant requests.
In answer to a question by Councilman Payne, Assistant
City Manager-Finance Kelmar stated that funds for additional floors
to the Police Facility were requested, however, there were no funds
available at this time to include it in this program. It may be
included next year if the Revenue Sharing Program is continued.
DEVELOPMENT AND TRANSPORTATION SERVICES
A total of $23,347,500 is proposed for improve-
ments related to streets, traffic signals and
parking for the next ten years.
The street related projects total $23,047,500
which demonstrates a very significant need.
Even more critical is the fact there were an
179
Bakersfield, California, June 19, 1979 - Page 6
additional $5,400,000 of projects which could
not be included in this program due to lack of
funding. This condition has resulted from (1)
a significant increase in the costs of main-
taining streets - materials and outside
contractors, whereas revenues available have
not increased in a corresponding manner, i.e.
one of the City's primary sources of funding
for streets - Gas Tax - has remained almost
unchanged (2) growth in the City (3) deterio-
ration of streets as a result of 1977-78 record
rainfall and (4) significant increase in the
number of necessary traffic signals and the
cost thereof.
A total of $300,000 is included to acquire
property as it becomes available to complete
the Civic Center plan.
Director of Public Works Hawley stated the Planning
Commission recommended approval of the 10-Year Capital Improve-
ment Program, as submitted and reviewed, with the following
modifications:
Page 29 Delete
Add
Add
Add
Revise
New Stine Road Resurfacing
(Stockdale Highway to 200'
south of Sundale).
North and South Laurelglen
Boulevard and Half Moon
Drives construction.
California Avenue and Lennox
Street - Traffic Signals and
Lighting (Developer's share
California Avenue and
Business Center Drive -
Traffic Signals (Developer's
share
Item 6 to indicate Traffic
Signal Interconnect System
IN LIEU of Traffic Signals
and Lighting.
$ 86,000
151,000
65,000)
55,000)
Page 30 Delete Item i - East one-half of
Gosford Road construction.
65,000
Councilman Christensen requested a status report on the
Chester Avenue/S.P.R.R. Grade Separation Project.
Director of Public Works Hawley reported that the budget
shows $120,000 as the City's share of the local contribution. The
total cost is approximately 3.8 million dollars and the money has
been set aside specifically for this project. Recently the con-
sultant indicated that it appears that temporary upfront money will
180
Bakersfield, California, June 19, 1979 - Page 7
be required during the right-of-way acquisition and construction.
This money would have to be provided by the City, County and
possibly the Grade Separation District. These funds would be
reimbursed at the completion of the project. The most recent
estimate is $1,000,000.00 and the City's share would probably be
half or $500,000.00. All of the details are not available at
this time, however, it will be necessary to defer some of the
projects. When more detailed information is available a report
will be made to the Council.
Councilman Miller asked when it would be necessary to
provide the $500,000.00.
Director of Public Works Hawley stated it is anticipated
that some of that money would have to be provided in approximately
6 months and from that it might overlap into the next fiscal year.
The best estimate, at this time, is that $250,000.00 would have to
be deferred during the 1979-80 Fiscal Year.
Councilman Miller stated he has a problem deferrring
projects which in essence the City might not be able to afford
to build later because of the inflation factor.
Director of Public Works Hawley stated that the Gosford
Road Construction (Kern River structure), in the amount of
$350,000.00 (page 30), is presently being designed and sometime
in the future it will be necessary for the Council to take action
before construction begins. At that point the City would have to
make a decision to proceed with that or the Chester Avenue Separation
of Grade Project.
Councilman Miller asked if the City had a contingency
fund that had the money available could those funds be used.
Assistant City Manager-Finance Kelmar stated the only
way the City can provide upfront funding of this magnitude is to
either defer projects or budget for it with the hopes of getting
reimbursed in a couple of years.
Bakersfield, California, June 19, 1979 - Page 8
Assistant City Manager-Finance Kelmar stated the
engineers are trying to arrive at what the costs will be. If the
situation arises where the City desires to proceed and the upfront
money has to be provided, then the Council will have to make a
decision at that time to proceed or not. The Council is not making
a firm commitment on the Chester Avenue Grade Separation Project
at this time through the Capital Improvement Budget.
Councilman Strong stated he had the impression that the
staff interpreted the questions by the Council to mean that they
might not be in favor of the Chester Avenue Separation of Grade
Project. Councilman Strong stated he interpreted Councilman
Miller's questions to mean that he wanted clarification as to the
status of the upfront money in the interim period while the State
is making a decision to fund the project or not. The Council is
most anxious to proceed with the project.
Councilman Miller stated that Councilman Strong is
correct in his interpretation, but a determination will have to
be made between one project or the other.
Director of Public Works Hawley stated the reason that
the recommendation was not made earlier that a specific project be
dropped is because, at this point, the amount of money needed in
Fiscal Year 1979-80 is unknown. It is anticipated that some of
the unfront money will have to be provided within 6 months. It
is not anticipated, at this time, that the entire amount will have
to be provided this coming fiscal year; therefore, money could be
budgeted the following year. The recommendations for this budget
were made last December and it was understood, at that time, that
upfront money would not be needed during the 1979-80 Fiscal Year.
Approximately two weeks ago the staff was told, at this point, it
appears as though money will be spent earlier than anticipated.
City Manager Bergen stated the proper thing would be to
wait until information comes back from the Grade Separation District
182
Bakersfield, California, June 19, 1979 - Page 9
and County. It could very well be that a decision will have to
be made at that time which project will be approved. If the City
and/or County does not approve the Chester Avenue Grade Separation
Project there may not be an opportunity later.
SUPPORT SERVICES
A total of $1,281,000 is proposed for improve-
ments to City Hall and the Corporation Yard
for the next ten years.
It is anticipated construction of the addition
to City Hall will begin by the summer of 1979.
The Council has previously authorized funds
for architectural services to design the
addition and the major portion of the con-
struction cost. The amount requested for
1979-80 will provide the remaining funds
necessary for construction.
As previously reported to the Council, a number
of improvements in the original plan for the
new Corporation Yard were deferred due to
escalating costs from the period when the
original cost estimates were prepared. A
number of the proposed projects in the capital
improvement program represent these items as
well as other needs for the future. In addition,
dependent on the growth of the City some future
needs are indicated for the Rio Bravo area and
the Police facility.
Director of Public Works Hawley stated this past week
there was a bid opening for the South Wing of City Hall and they
were higher than the architect estimated. The architect is
presently evaluating the bids by talking to the prime contractor
and sub-contractors to see if changes can be made to the plans so
the cost can be kept within the amount budgeted. The staff will
probably report to the Council at the next meeting. There were
not sufficient funds to budget the entire project in one year.
Approximately $2,000,000.00 was budgeted in Fiscal Year 1978-79
and additional $750,000.00 is being requested for Fiscal Year
1979-80. The architect will probably recommend that the bids be
rejected and then modify the plans and rebid the project.
Councilman Means stated that the new wing does not have
to be elaborate and with the high cost of utilities he hopes the
City is considering energy conservation.
183
Bakersfield, California, June 19,
1979 - Page 10
City Manager Bergen stated the architect was instructed,
by the staff, that the City is not primarily interested in looks,
but they are looking for an energy efficient building.
Upon a motion by Councilman Ratty, the Capital Improve-
ment Program for Fiscal Year 1979-80, as recommended by the Planning
Commission, was approved by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Noes: None
Absent: Councilman Barton
RECESS
Upon a motion by Councilman Christensen, the Council
recessed its budget hearings at 8:40 P.M. until Monday, June 25,
1979 at 7:00 P.M.
M~' ~f the C~akersfield, Calif.
ATTEST:
CITY CL~RK andSOfficio Clerk of the Council
of the City of B~kersfield, California
ma
184
Bakersfield, California, June 25, 1979
Minutes of the Council of the City of Bakersfield,
California, meeting in budget session at 7:00 P.M., June 25,
The meeting was called to order by Mayor Hart
by the Pledge of Allegiance.
Present:
The City Clerk called the roll as follows:
1979.
followed
Mayor Hart. Councilmen Payne, Ratty, Strong, Barton,
Christensen, Means, Miller
Absent: None
Assistant City Manager-Finance Kelmar stated a couple of
items have come to light in the last few days that should be brought
to the Council's attention. The County Auditor-Controller has informed
the staff that the property tax figure given to the City for use in
the 1978-79 budget was not accurate. As a result it has a certain
significance as far as carryover balances, shown in the 1979-80
budget, are concerned, as well as the estimated property tax for
next year. At this point the exact magnitude of this is not known;
however, by the time the figures are provided in August some clari-
fication should be provided as far as that figure is concerned. In
addition it appears the savings within the current budget will
probably be greater than shown in the preliminary budget document.
Until the books are closed an estimate of that figure cannot be given.
Councilman Means, Chairman of the Budget Review and Finance
Committee, read Report No. 2-79 regarding Operating Budget for Fiscal
Year 1979-80, as follows:
It is the responsibility of the Budget Review and
Finance Committee to review and make recommendations
on the proposed annual Operating Budget. It is
important that action be taken on these operating
amounts prior to the beginning of the next fiscal
year. It is our desire to approach this operating
budget review in a different manner than in the past
in order to obtain a greater insight into the City's
operations. As a result, we met with each of the
three major department heads - Public Works, Fire &
Development Services and Police - which account for
approximately 90% of the budget and discussed at
great length the various programs, program objectives
and service levels under their administration. In
addition, certain items of concern within the remaining
budgets were also discussed.
The budget format is similar to that of last year.
The budget has been divided into the six major service
Bakersfield, California, June 25, 1979 - Page 2
185
areas--Management Services, Environmental Services,
Development and Transportation Services, Public
Safety Services, Recreation and Cultural Services
and Support Services. In turn, these service areas
are further split into the various programs and
sub-programs that make up each major service area.
Major specific objectives to be achieved during
the year are also listed for each sub-program.
The Operating Budget discussed in this report con-
sists of the operating expenses and fixed asset
purchases proposed for the General Tax Rate Cate-
gory and operating-type expenditures within the
Community Development Block Grant Program and Gas
Tax which are included in the Restricted Agency
Category (see Attachment #1 - Summary of Proposed
Operating Budget). Operating expenses consist
basically of materials, supplies, utilities, etc.
Fixed assets consist of departmental capital outlay
items, e.g., office equipment, automotive equipment,
communication equipment, etc. The Operating Budget
does not include salaries and supplemental benefits
nor capital improvement projects. The Governmental
Efficiency and Personnel Committee will make recom-
mendations on all salary matters. The entire City
Council has reviewed the proposed Capital Improve-
ment Program which was evaluated by the Planning
Commission.
The departmental operating budgets have again been
prepared in a manner to reflect the total direct
(i.e., data processing, legal personnel, etc.)
costs of providing a particular program. This is
accomplished by the inclusion in the budgets, where
applicable, of the following accounts: (1) Custo-
dial Services Cost Allocation, Object No. 5300;
(2) Administrative Cost Allocation, Object No. 5400;
and (3) Rental Internal Organizations (Equipment
Maintenance), Object No. 6200.
The Custodial Services Cost Allocation is reflected
in those programs which receive custodial services.
In the case of programs located in City Hall, each
program is charged for their proportionate share of
the maintenance costs of City Hall based on their
total square footage of office space. Programs
operating outside of City Hall are charged based
on the cost of the employees and materials involved
in performing the services.
The Administrative Cost Allocation entails an alloca-
tion of the cost of staff programs (i.e., City
Manager's Office, City Clerk, City Attorney, and
Finance) to the various line programs (i.e., Police,
Fire, Public Works, etc.) based on the percentage
that the cost of each line program bears to the
total cost of all line programs; the theory being
that staff programs are designed to provide services
to the line programs. The allocations are, of
course, deducted from the budgets of the staff programs
as "Costs Applied," Object No. 0001, so that the total
City budget remains unchanged.
The Equipment Maintenance Division of the Public Works
Department provides a central equipment pool for all
186
Bakersfield, California, June 25, 1979 - Page 3
departments except Fire. All departments using
this equipment are charged a rental rate which
reflects the total cost of maintenance and a
replacement allowance. This rental charge is
reflected in each using department's budget under
the account entitled, "Rental Internal Organiza-
tions," Object No. 6200. The total rental charges
are taken as a reduction in the budget of the
equipment maintenance program as "Cost Applied,"
Object No. 0001, so that the total City budget is
not changed. For 1979-80, these rental rates
have been adjusted in certain programs to reflect
more realistically the cost of operating the
applicable equipment.
When considering the operating budget, it is
important for both the Council and the public to
understand the affect of growth and development
on City operations, i.e. demand for services.
The following are some statistics to illustrate
this point which indicate the increases the City
has experienced over the last year:
Area of City - 74 sq. miles, up 30%
Street miles - 340 miles, up 10%
Park acreage - 207 acres, up 14%
Sewer miles - 440 miles, up 5%
Subdivision processed - 108, up 90%
City construction projects - 117, up 25%
Police calls for service - 77,700, up 7%
Police patrol miles - 1.4 million, up 15%
Fire call outs - 4,000, up 20%
The following is a summary of the Operating Budget
indicating (1) the amount proposed for each City
program, (2) the increase or decrease over the
amount approved last year, (3) pertinent comments
concerning the items included in the specific
budgets, and (4) a page number reference to the
applicable budget in the preliminary budget book.
MANAGEMENT SERVICES
Mayor - (Page 15) $6,610 (no change)
The proposed operating budget is the same as last
year.
City Council - Page 17 - $452,900 (-$8,400)
The reduction results from lower property taxes
paid by the City. The City is required to pay
property taxes on City property located outside
the City limits and as a result of the passage of
Proposition 13 these taxes have been reduced.
One of the items discussed was the City's continuing
participation in the National League of Cities.
This Committee feels the City does receive con-
siderable benefits from the League of California
Cities, however questions the benefits derived
from the National League particularly in the light
of the dues structure which now includes a 15 year
assessment for the purchase of a new building which
Bakersfield, California, June 25, 1979 - Page 4
187
increases the City's annual dues to $2,500. We
would recommend the City discontinue its member-
ship.
Councilman Ratty asked what other cities in California
are doing regarding participation in the National League of Cities,
because this organization acts as a lobbyist for cities in Washing--
ton, D. C.
After discussion, upon a motion by Councilman Barton,
the City's continued participation in the National League of Cities
was held in abeyance until such time as the staff can request and
receive additional information on services they provide and the
assessment for a new building. Councilman Means voted in the nega-
tive on this motion.
City Manager - (Page 23) $188,505 (+$2,870)
The increase results from higher costs for postage
and printing of ordinances and uniform building,
electrical, etc. code books. However, most of
these printing costs are recovered through the
sale of these documents. In addition, the rates
for legal advertising have increased as well for
the various hearings before the City Council.
These increases are offset by a reduction in the
administrative cost allocation.
Community Promotion - (Page 27) - $21,000 (-$8,000)
In prior years, funds were budgeted for special
projects the City desired directed towards Community
Promotion, other than the City's contribution to
the Chamber of Commerce. However, very few of these
projects were implemented. In the future, if they
are deemed necessary they could be funded from the
Council's Contingency account.
Insurance (Property and Liability) - Page 31 -
$365,000 (-$285,000)
This budget provides for the premium for liability
and property insurance. The City's favorable
experience in its first year of self-insurance
for liability coverage has resulted in a signifi-
cant reduction in the premium for excess coverage.
In addition, the City has been able to fund the
catastrophe reserve requirements under this program,
so no funds are necessary this year for this purpose.
ENVIRONMENTAL SERVICES
Waste Water Services - Page 42) $698,535 (+$274,810)
It is presently anticipated that the construction
at Treatment Plant #2 will be completed in September
and will provide secondary treatment of sewage at
188
Bakersfield, California, June 25, 1979 - Page 5
that time. This will result in the culmination
of the $25 million modernization program of
these facilities which was required by the State
and Federal Government. Funding of 87½% was
provided by the State and Federal Governments
and the remaining portion by the City through
the sale of lease revenue bonds. This increased
level of treatment results in significantly
higher operating costs. The budget increase
reflects this primarily in the electricity and
chemical costs. The additional chemicals are
necessary to meet the minimum State requirements
for odor control.
The contract the City entered into in 1976 with
the Federal and State Governments in order to
receive these grants required the implementation
of a user charge when the plant was completed.
Since that date, the requirements have been modi-
fied to allow a charge which would cover the cost
of maintenance and operation only. Since the
plant will only be in operation for eight or nine
months, it will only be necessary to implement a
residential user charge of $1.75 per month effec-
tive January 1, 1980. Other charges for commer-
cial and multiple residential users will also be
modified by approximately 50% from those originally
contemplated (see Attachment #2 for user charges).
It should also be noted that in the following
fiscal year the operating costs will be higher due
to a full year's operation, however the Council
will evaluate the charges at that time.
Refuse Management Services - (Page 47) -
$1,586,045 (+$259,255)
This budget is up due to proposed increased payments
to private refuse contractors, the purchase of con-
tainers for the proposed mechanical refuse route
and higher internal equipment rental charges.
The outside refuse collectors were given a rate
increase of 15% effective January 1979 which repre-
sented the first increase they had received since
July 1976. An additional increase is recommended
in the budget in order to keep up with inflation,
however discussions are still being held with the
contractors to arrive at a final determination.
The budget contains a proposal to implement one
mechanical refuse route in a residential area served
by alleys. This would require the City purchase
containers to be utilized with the new equipment.
This method of collection has proved very successful
in other Cities and resulted in increased produc-
tivity and dollar savings to the Cities. The refuse
division estimates it would save $10,000 to $15,000
the first year.
Comments regarding the refuse collection charge will
be made in the concluding part of this report.
Bakersfield, California, June 25, 1979 - Page 6
189
DEVELOPMENT AND TRANSPORTATION SERVICES
Development Services Administration - Page 56) -
$129,525 (+$41,310)
This program consists of the Development Services
Administration within the General Fund and the
Administration program of the Community Develop-
ment Block Grant Program. The increase in this
program is attributable to the inclusion of a
contingency account within the Community Develop-
ment Block Grant portion. This is a requirement
of the Community Development program to establish
a contingency amount for unanticipated expendi-
tures. The remaining portion of this program
actually results in a $12,500 decrease over last
year.
Planning - (Page 61) - $81,340 (+$14,130)
This increase primarily results from a request
for professional and consulting services in the
amount of $15,000 to review the zoning ordinance.
This ordinance was adopted in 1954 and has been
revised on a piecemeal basis a number of times.
However, due to changing times and conditions,
the staff feels a comprehensive review and
modification is very necessary. Due to the
workload of the limited number of professional
planning staff, it is recommended a consultant
be hired to assist in this program. Due to the
expanding number of files, three additional filing
cabinets are also being requested.
Public Works Administration
$58,980 (-$670)
(Page 66)
This decrease results from the combination of
a lower administrative cost allocation which is
offset by a higher request for stationery and
of£ice supplies and a request of $1,500 for
additional filing cabinets for the parks division
and administration office in City Hall.
Engineering Services - (Page 70)
(+$4,560)
$155,300
The City Manager has recommended an additional
survey party crew to handle the numerous con-
struction projects the City is involved in as
well as development within the City. The increase
in this operating budget reflects the additional
internal equipment rental costs and various
materials, tools and supplies necessary to pro-
vide this additional crew. The Governmental
Efficiency and Personnel Committee will be making
a recommendation on this and the ultimate Council
decision on their recommendation will determine
whether these costs remain or are deleted from
the budget.
The purchase of an industrial oven for more
efficiency in soil testing, a mechanical compactor
to determine soil moisture composition, a blue-
print machine, currently being rented, to effect
190
Bakersfield, California, June 25, 1979 - Page 7
savings in blueprint costs and some calculators
for engineering are being proposed for purchase
from Gas Tax Engineering funds.
Streets - (Page 75) $871,310 (+$83,125)
This increase results from higher internal equip-
ment rates and an additional $30,000 being requested
for street materials. This request for street
materials is to alleviate the poor condition of
many streets in the City until sufficient funds are
made available to either resurface or reconstruct
and provide for additional streets in the City.
A great deal of the deterioration has been caused
by the heavy rains that occurred during the 1977-78
fiscal year. In addition, there has been an increase
of 31 miles of streets added to the City during 1978
alone and higher street material prices are antici-
pated.
Traffic Control - (Page 81) - $349,190 (+$39,430)
Of this increase, $19,500 is attributable to the
City's share of operating joint traffic signals
with the County and the State and results from
higher electrical charges.
Approximately $11,000 of this increase relates to
additional requests for traffic paint which includes
$5,000 associated with an additional traffic painting
crew being recommended by the City Manager in order
to keep up with City development and increased street
miles. The City has had three crews since 1957.
The request results from higher paint costs and
greater quantities needed.
The remaining portion of the increase results from
the signing replacement program to replace rapidly
deteriorating button type stop signs with reflective
sheeting panel signs.
Fixed asset request include the replacement of an
old and unserviceable air drill, pressure tank,
paint spray gun and gauge shear.
PUBLIC SAFETY SERVICES
Police Services (Page 101) - $1,742,590 (+$10,945)
The total of the operating materials and charges
accounts actually reflect a decrease of approximately
$17,000, however the fixed asset accounts are about
$28,000 higher.
The overall decline in the operating accounts is
caused by a decrease in the administrative cost allo-
cation which is offset by higher utility costs due
to anticipated rate increases, higher school crossing
guard costs due to the additional guard added last
year and higher uniform allowance costs due to an
increased uniform allowance benefit given police offi-
cers effective July 1, 1979.
The increase in fixed assets is attributable to the
training equipment related to the proposed formalized
Bakersfield,
California, June 25, 1979 - Page 8
191
training program. This program is being considered
by the Governmental Efficiency and Personnel Com-
mittee and their recommendation will be forthcoming
to the Council. Other significant purchases in the
budget include a radio system for the radio pagers,
which is necessary due to the conflicts being expe-
rienced With the emergency and operations radio
systems of the police and fire departments, and the
purchase of 10 radio alarms to complete the replace-
ment of the older and unserviceable ones which are
also not compatible with the present communication
system.
Fire Services - (Page 111) - $1,038,195 (-$48,350)
The total of the operating materials and charges
account actually reflect a decrease of approximately
$100,000, however the fixed asset accounts are about
$52,000 higher.
The overall decline in the operating accounts results
£rom a lower administrative cost allocation, lower
request for equipment replacement provision and the
elimination of the weed abatement program by the
Council. However, these reductions were offset by
higher requests in the uniform account, for protec-
tive clothing to meet OSHA standards, and in the
repairs and maintenance account, to make a number of
very needed repairs at various fire stations to
reduce maintenance costs.
The increase in fixed asset requests results from
greater requirements to purchase fire hydrants to
meet development within the City, a request to pur-
chase a copy machine, currently being rented, which
over a five year period would result in an approxi-
mate $5,000 savings to the City and various needed
communication and fire fighting equipment to increase
department efficiency, reduce injuries and provide
protection to firefighters while fighting fires.
It should be noted that the entire amount of $241,800
budgeted for fire hydrants will be recovered from
developers based on the Council policy adopted in
last year's budget.
Building Services - (Page 118) $583,800 (+$347,366)
This program includes the Building Services funded
within the General Fund and the Housing Rehabilita-
tion program within the Community Development Block
Grant program. The operating budget of the City's
building inspection program actually shows a decline
of about $6,500, thus the entire increase comes from
the Housing rehabilitation program. This results
£rom additional Community Development funds being
allocated towards Housing programs. These programs
include the City's share of the Fair Housing study
being conducted through KERNCOG, the implementation
of a "Handyman" program whereby CETA employees are
used to make minor repairs to homes and the City
pays for the materials and funding for a land write-
down program to encourage development both for resi-
dential and commercial purposes.
192
Bakersfield, California, June 25, 1979 - Page 9
Repair and Demolition - (Page 122) - $45,000 (-$44,000)
This budget provides for the demolition of dangerous
buildings. City funded program costs are ultimately
assessed against affected property and collected
through the tax rolls. The spot blight program
funded through Community Development Block Grant is
included in this budget as well. This budget reduc-
tion reflects a reduced need for this type activity.
Street Lighting - ~age 124) - $500,225 (+$35,355)
This increase results from an anticipated rate increase
for electricity.
Recreational and Cultural Services
$156,890 (+$2,485)
(Page 136) -
As the Council will recall this budget was adopted
in April to enable the Recreation Department to begin
their hiring for summer programs. This increase
results from higher utility costs, an increase in the
contract for summer band concerts at Beale Park and
being required to pay the schools for the use of the
gymnasiums for the basketball programs. These
increases are offset by lower administrative and
custodial services cost allocation.
Parks - (Page 143) - $723,570 (+$45,080)
The operating budget of the parks is obviously affected
by the amount of park acreage and improvements within
the parks. When the projects currently being worked
on are completed this year, the park acreage will be
increased by 14% and median island and wall planter
acreage by 2%. In addition, the tree maintenance
activity within the parks program will have 19 addi-
tional miles of right-of-way and by the end of next
fiscal year, 45 additional drainage sumps to maintain
(10 of which are already utilized). Hence, many of
the operating accounts within this program are higher
due to increased quantities and higher prices for the
numerous supplies and materials necessary to maintain
existing and these additional park areas and improve-
ments and sumps. In addition, it is proposed to slurry
seal service drives and parking areas in five parks in
order to prolong the life of the asphalt concrete. In
order to keep the maintenance costs of the parks down,
a reduced watering program is proposed which is antic-
ipated to save approximately $20,000 per year and
should not significantly reduce the appearance of the
parks. The departmental capital purchase of $13,200
consist of replacing old and worn out pool equipment,
obsolete sprinkler heads and wooden picnic table planks
with aluminum planks.
Auditorium - (Page 148) - $291,490 (-$24,485)
This decrease results from a reduced administrative
cost allocation and electricity requirements. It
has been determined that the elimination of the public
ice skating has resulted in more of a savings in
electricity than originally estimated.
Bakersfield, California, June 25, 1979 - Page
10
193
Proposed fixed asset purchases included the replace-
ment of a 16 year old typewriter, portable staging
which would reduce labor costs to set up for many
events and stage scaffolding for rock concerts,
which would be rented to the shows, and the cost
thereof would be recovered in a year.
This Committee has evaluated the request of the
Chamber of Commerce for an increased contribution
to the Convention Bureau. Since the last increase
was given in 1973, some increase is probably warr~n-
ted. However, the Committee would like to meet both
with the County and representatives from the Conven-
tion Bureau before a final determination is made.
We will be reporting back to the Council before the
budget is finally set in August.
Mr. John Mossman, owner of Mossman's Catering & Kitchens
and member of the Chamber o£ Commerce's Convention Bureau, outlined
the history of the Convention Bureau, Civic Auditorium and Room Tax.
Mr. Mossman requested that the Council increase the contribution to
the Convention Bureau from $35,000 to $100,000 and consider instruc-
ting the Auditorium Management on the philosophy of the auditorium
and the importance and sincerity of the convention business so they
will have some basis to bend established policies.
Mr. John Pryor, President of the Bakersfield Chamber of
Commerce, read a portion of the Chamber of Commerce's Annual Report
which pertained to a request for an increase from $35,000 to $50,000
in the City's contribution to the Convention Bureau. Mr. Pryor
requested that the Council seriously consider the request for an
increase.
Mr. Gene Winer, member of the Convention Bureau, requested
that the City's contribution to the Convention Bureau be increased.
Mr. John Duke Ellis, President of the Hotel and Restaurant
Employees Union, urged that the City increase the Convention Bureau's
funds because it helps their payrolls and people by keeping the
restaurants and hotels full.
Lisa Kolstad, employee of the Convention Bureau and repre-
senting Epsilon Sigma Alpha Sorority, stated because of lack of funds
her hours and salary have been cut and requested that the City increase
the contribution to the Convention Bureau.
194
Bakersfield, California, June 25, 1979 - Page 11
Mr. Ray Swanson, representing a local fraterna~ organi-
zation, urged the Council to increase the contribution to the Con-
vention Bureau.
During discussion City Manager Bergen stated he could
support an increase for the Convention Bureau, however, he would
be very reluctant to discuss bending policies.
Jeri Bruce, Director of the Convention Bureau, outlined
the history of the Room Tax.
Upon a motion by Councilman Barton, request from the
Convention Bureau for an increase in the contribution from the City
was held over until a meeting can be held with the County and Con-
vention Bureau and a final recommendation can be made to the Council.
Mayor Hart declared a brief recess at 8:35 P.M. and the
Council reconvened at 8:40 P.M.
Cunningham Art Gallery - ~age 153) - $8,870 (+$5,170)
The increase results from a reevaluation of the actual
time being spent to maintain this facility.
SUPPORT SERVICES
Finance - (Page 166) - $67,360 (-$5,515)
The decrease results from a reduced administrative
cost allocation and lower departmental fixed asset
purchases. Proposed fixed asset purchases of $525
include the replacement of two calculators both
over 20 years o~d and old steno chair.
Data Processing - (Page 171) - $184,590 (+$107,660)
In June 1978, the City Council approved a data
processing study to determine a more effective
way of utilizing City resources being expended in
this program. It was the staff's feeling the
present system was not providing the type of manage-
ment information necessary to manage City departments.
The study is presently at the stage whereby requests
will be going out to vendors for bids on equipment
and programs. When the bids are received and evalu-
ated, it is contemplated a presentation will be made
to the Council explaining the results of the study
and thoroughly familiarizing them with the proposed
program and costs involved before any action will
be taken by the staff. The increase in this budget
reflects the costs anticipated to implement in the
coming fiscal year if the Council agrees to proceed.
Bakersfield,
California,
June 25, 1979 - Page 12
195
City Attorney - (Page 175) - $42,810 (-$3,775)
This reduction primarily results from a lower
request for professional and consulting assistance.
The replacement of a 10 year old typewriter is
requested which would also make all typewriters
in the department uniform so lengthy projects
could be divided among typists.
General Services - (Page 181) - $284,355 (-$6,450)
The combination of reduced requests for fixed asset
purchases and lower administrative cost allocation
offset by higher utility costs due to anticipated
rate increases and higher internal equipment rental
charges results in the overall decrease in this
program.
Equipment Management - (Page 187)
(+$91,385)
$151,035
Equipment Management is responsible for the main-
tenance of 510 pieces of equipment for all depart-
ments except Fire. The above program cost of
$151,035 includes the sum of the total salaries
and related benefits, operating expenses and fixed
asset purchases less the equipment rental charges
made to other departments including the Water
Department for the use of the equipment.
The operating expenses portion before rental charges
to departments amounts to $1,503,175 or $199,730
more than last year. Of this, $185,000 represents
increased requests for fuel, equipment parts and
tires. The Council may recall a transfer of approxi-
mately $150,000 from the Council Contingency account
was recently approved to enable the departments to
operate through the remaining months of this fiscal
year. This increase was necessitated basically by
increased prices and useage of these items.
The increased operating costs above were offset by
adjustments in equipment rental rates of 10-15% to
reflect more realistically the cost of operating
the applicable equipment.
Of the fixed asset request of $151,350, $47,000
relates to additional positions being recommended
by the City Manager which will be reviewed by the
Governmental Efficiency and Personnel Committee
and their recommendation will be made to the Council.
The remaining $100,000 of requests include such major
items as $54,000 for an additional street sweeper
which is a needed backup for the existing sweepers,
$13,200 for two additional motorcycles and radios
for the traffic division of the Police Department
to support the shift of manpower into this division
in an effort to reduce the number of traffic accidents
in the City and $13,200 for two lightweight pickups
and radios to support the Community Service Technician
program at the Police Department.
196
Bakersfield, California, June 25, 1979 - Page 13
Conclusion
As a result of our budget review, the Committee
is satisfied with the level of service being
provided by the City and feel it represents the
desires of the residents. However, it was also
our intent to strive to reduce the cost of govern-
ment to the citizens. Based on our review, it
would be the Committee's recommendation the present
refuse collection charge be suspended for the 1979-
80 fiscal year (see Attachment #3 - City Attorney's
letter) subject to City Council review and recon-
sideration in January 1980 and June 1980 to deter-
mine its necessity as a financing mechanism to
support City operations. The Committee is of the
opinion when the books are closed for the present
fiscal year, carryover funds may exceed those esti-
mated in the preliminary budget document. This
excess plus a reduction of reserves would enable
the City to suspend the charge for the year.
Reserves would still be at a level to allow the
City to operate on a cash basis. This recommenda-
tion is also subject to the City's involvement in
the CETA program and the distribution by the State
of bailout funds for 1979-80, both of which should
be known by August when the final carryover balances
are known and the budget is finalized. If this recom-
mendation is approved, we feel the community has an
obligation to make all payments due the City for the
charge for the 1978-79 fiscal year and the Council
should support the staff in its collection efforts.
Finally, the Committee feels the City's budget
process needs some revisions and will be making
some recommendations in this regard in the near
future.
Respectfully submitted,
Councilman John M. Means
Chairman
Councilman Vernon D. Strong
Councilman Means made a motion that Report No. 2-70 from
the Budget Review and Finance Committee regarding Operating Budget
for Fiscal Year 1979-80, be accepted; and recommendations as out-
lined in the report, be approved.
Councilman Miller, member of the Budget Review and Finance
Committee, read Report No. 3-79 regarding Minority Report Re Oper-
ating Budget for the Fiscal Year 1979-80, as follows:
Basically I have no objection to the conclusions stated
in the budget review committee report. However, I
would like to express my personal concerns about the
following issues.
Bakersfield, California, June 25, 1979 - Page 14
197
1. We have yet to know for certain the outcome
of the salary negotiations. Without this infor-
mation, our findings should be considered incon-
clusive.
2. We should concern ourselves with the fact
that the service area for the City of Bakersfield
is still growing. Facts and figures should be
estimated for our use in determining what will be
needed within the next year.
3. The decision to suspend the garbage fee was
based upon a political policy rather than upon
sound financial planning. For practical purposes,
the actual decision should not be made on the
basis of political expediency rather than practical
needs.
For the above stated reasons, I would recommend
that the garbage fee not be suspended until these
factors have been resolved:
a) A statement verifying the amount of carry-
over from last year's budget has been presented
for assessment.
b) The final figures for the salary negotiation
package has been submitted.
c) The amount the city will receive from the state
bail-out legislation is known.
d) The extent of involvement in the CETA program
is finalized.
e) The origination of the $500,000 for the Chester
Avenue underpass is stipulated.
The problem is not in doing away with the garbage fee.
The problem stems from the lack of adequate information upon which
to base a practical decision. I would also like to point out that
the elimination of a source of revenue such as the garbage fee will
not be felt by the city this year, but it will be felt in ensuing
years, i.e. a reduction of revenue without a corresponding reduction
of expenditures.
Respectfully submitted,
Councilman Robert N. Miller
Councilman Means, in response to statements made by
Assistant City Manager-Finance Kelmar, stated it appears the City
will be in a better financial position than originally anticipated.
It appears that most of the things contained in the minority report
are ill-founded concerns. About a month ago he tried to get the
198
Bakersfield, California, June 25, 1979 - Page 15
Council to repeal the Garbage Tax; however, they wanted to make
sure the City was financially sound before making a decision.
Councilman Means stated he did not think it was just political
expediency upon which the decision was made. The Councilmen on
that committee felt that the City is now in a position where a
decision can be made. To quote a previous statement, "There is
no reason to postpone this." A move to keep the Garbage Tax would
be a political move to retain what he considers a purely regressiw~
tax.
Councilman Ratty stated he has an opposite view. It is
a political motive that prompted repealing the Garbage Tax. Several
Councilmen ran on it and they are going to see it done. There has
been a frantic scramble among some Councilmen to justify it.
Several assumptions were made in the conclusions of the report that
this is the level of service the City should maintain. Councilman
Ratty stated he does not agree with that because the streets are
in bad shape and they are going to get worse. There are one million
dollars needed there. The Chester Avenue Underpass is $500,000,
and it will be coming up. Next year Police salaries will be coming
up and there will be a problem there. There are many service level
type items that need to be addressed. The City is not running fat,
it is running lean. There are essential items the City needs money
for especially streets. There is not a hard and definite conclusion
that prompts a change from the position the Council took (vote 6-1)
against repealing the Garbage Tax, except Assistant City Manager-
Finance Kelmar's remarks tonight that there are increasing funds.
The needs are there. There is no question about the fact the City
needs money. There are uncertainties as far as the Gann Initiative,
Proposition 13 and funding of bailout money. There is no need to
delve into the reserves. The main crux of the whole problem is
that for the first time the City
situation, like Washington where
fiscally responsible thing to do
is going into a deficit spending
the budget is unbalanced. The
is reduce the Garbage Tax in half,
199
Bakersf±eld, Cal±fornia, June 25, 1979 - Page 16
as recommended, then take a look at it next year. The Council is
talking about money and adequate services and there is not enough
money to answer the needs of the City right now as far as streets
and the Chester Avenue Underpass are concerned. If there is money
it can be adjusted next year and work off those items.
Councilman Ratty offered a substitute motion that the
Garbage Tax be reduced by 50% for the coming year.
Councilman Miller stated this is a situation where a
number of people on the Council are going to have to live with this
decision for about 3½ years. As stated in the Minority Report, the
elimination of a source of revenue such as the Garbage Fee will not
be felt by the City this year, but it will be felt in ensuing years.
That is probably the most important sentence amongst the whole thing.
What looks like a relatively close issue, at this time, may be lop-
sided next year; the Council is going to have some City employees
who are really going to be upset when they are told there will be
no raises. The City is liable to find itself in a dry period finan-
cing position the following year and have to borrow money to survive
until the property tax is received. If all these things are taken
into consideration, there is absolutely no way the Garbage Fee can
be eliminated at this time.
Councilman Christensen stated, in regards to No. 3 on the
Minority Report, this Garbage Tax was brought up before Proposition
13 was passed. How can this be called political because when it
was voted on he voted against it. It has no politics in it. At that
time the City had more than 4 million dollars in surplus. Council--
man Christensen stated he is willing, at any time, to ask the tax-
payers for additional taxes if it is to pay for essential services
of a well organized and run City but will never vote to create a
surplus. If all the reserves and unapplied appropriations were added
there is a surplus of almost $5,000,000. The only way to return a
portion of it to the taxpayers is to give relief from the unjust
Garbage Tax that was born to create a tremendous slush fund.
2OO
Bakersfield, California, June 25, 1979 - Page 17
Councilman Strong stated the report did not recommend
eliminating the Garbage Tax, it recommended suspending it. That
was done, to some extent, because of the City Attorney's recommen-
dation that there would be less legal ramifications involved in
suspending rather than attempting to change the rates. The budget
document was prepared with the understanding that the Garbage Fee
would be reduced by 50%. Councilman Strong stated he does not see
a problem maintaining adequate levels of service by adopting the
Budget Review and Finance Committee's recommendation. He stated he
sees no problem this year, next year or the year after next, because
if the City needs an additional source of revenue the Council can
reinstate the Garbage Fee. The Budget Review and Finance Committee
did not cut the amount of funds requested by the Public Works Direc-
tor for streets. As a matter of fact, the Budget Review and Finance
Committee did not cut anything out of the budget. The Budget Review
and Finance Committee's recommendation has to do with reducing
Restricted Reserves from $1,800,000 to $1,000,000 and the Equipment
Replacement Account from $1,600,000 to $1,500,00, so there is not a
depletion of these reserve accounts. If what Mr. Kelmar stated is
true, it is conceivable that the City could pick up th~ $900,000
from departmental residuals and an increase received from property
taxes. What the committee has done is very prudent, he is satisfied
with it and he feels very strongly that the City is in a very fine
financial position this year and for two or three years after that.
Councilman Christensen called for the question and after
discussion withdrew the call for the question because he did not
want to cut off debate.
Councilman Barton stated he could support suspension of
the Garbage Fee because the City does not need to keep the tax-
payers' money for a year. Some of the carryovers borderline a
little on the obscene and it puts the City in the same boat as
Sacramento, by having a lot of extra tax money they are trying to
get rid of by giving it back to the cities. Councilman Barton
Bakersfield, California, June 25, 1979 - Page 18
201
proposed that the Garbage Fee be suspended for eleven months, with
a review in January, 1980, to see how it fits into the City's finan-
cial picture.
After considerable discussion Councilman Ratty's substitute
motion that the Garbage Tax be reduced by 50% for the coming year
failed to carry by the following roll call vote:
Ayes: Councilmen Ratty, Miller
Noes: Councilmen Payne, Strong, Barton, Christensen, Means
Absent: None
Councilman Means' amended motion that Report No. 2-79 from
the Budget Review and Finance Committee regarding Operating Budget
for Fiscal Year 1979-80, be accepted; recommendations as outlined
the report, be approved; and the Garbage Fee be suspended for elew~n
months with a review in January, 1980, carried by the following roll
call vote:
Ayes: Councilmen Payne, Strong, Barton, Christensen, Means
Noes: Councilmen Ratty, Miller
Absent: None
Councilman Ratty stated he would like the record to show
that he withdrew his vote in support of the Capital Improvement
Program for Fiscal Year 1979-80.
Councilmen Means and Christensen stated they voted for the
suspension of the Garbage Tax, but they still feel that they would
like to have seen the Garbage Tax repealed altogether.
Adoption of Resolution No. 52-79 of
the Council of the City of Bakers-
£ield approving and adopting the
Budget for Fiscal Year 1979-80.
Upon a motion by Councilman Barton, Resolution No. 52-79
of the Council of the City of Bakersfield approving and adopting
the budget for Fiscal Year 1979-80, was adopted by the
call
Ayes:
Noes:
Absent:
vote:
Councilmen Payne, Strong, Barton,
Councilman Ratty
None
following roll
Christensen, Means, Miller
2O2
Bakersfield, California, June 25, 1979 - Page 19
RECESS
Upon a motion by Councilman Christensen, the Council
recessed its budget session at 10:35 P.M., until a report from the
Governmental Efficiency and Personnel Committee regarding Meet and
Confer Sessions with Employee Units and Additional Position Requests
is available.
theBakersfield,
California
ATTEST:
CITY~E~RK an~cio Clerk of the
of the City of Bakersfield, California Council
ma
Bakersfield,
California, June 27, 1979
203
Minutes of a regular meeting of the Council o£ the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., June 27, 1979.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Hart (seated at 8:50 P.M.). Councilmen Ratty,
Strong, Barton, Christensen, Means, Miller, Payne
Absent: None
Minutes of the regular meeting of June 13, 1979 and
budget session of June 19, 1979, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Shirley M. Davidson, President of the Bakersfield
Chapter of Links, Inc., explained the objectives of the Housing
Conference held April 21, 1979, and thanked the Council and staff
for their help and financial support.
Mrs. Edna Buster, 2009 California Avenue, thanked the
Council for suspending the Garbage Fee and presented two articles
from Washington, D.C., entitled "Creating a Shadow Government,"
by Paul Scott, dated June 20, 1979 and "1313 Stuns Lawmaker," by
Jo Hindman.
Mrs. Anne Monroe, 3991 Marella Way, spoke in opposition
to the City subsidizing various programs with tax monies.
Joy Peugh, Senior Vice-Chairman of the Mayor's Committee
for the Employment of the Handicapped, outlined the various
activities and objectives of the Committee and requested financial
support.
Upon a motion by Councilman Miller, request from the
Mayor's Committee for the Employment of the Handicapped for
support, was referred to the Budget Review and Finance
for study and recommendation.
Mr. Andy Milinich, 5916 Cochran Drive, representing
and Park Stockdale, stated they have
financial
Committee
residents on Cochran Drive
:04
Bakersfield, California, June 27, 1979 - Page 2
a problem with dust, dirt and noise caused by people using the
Carrier Canal and its banks, on the north and south sides, for
racing, water skiing, hunting, drinking, etc. Mr. Milinich
requested that something be done to alleviate the problem.
Upon a motion by Councilman Christensen, the Assistant
City Clerk was directed to furnish a transcript of Mr. Milinich's
statement to the Police Department and Water Board; and the Police
Department and Water Board were requested to investigate the
situation and report back to the staff and Council for appropriate
action.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
the Greater Bakersfield Bicentennial Committee, Bakersfield 2000
Citizens Congress, recommending amendments to the Zoning Regulations,
was received and referred to the Planning Commission.
Upon a motion by Councilman Christensen, communication
from J. F. Barron, dated June 25, 1979, requesting an amendment
to the General Plan to permit an equipment rental firm on property
located at 5416 Stine Road, was received and referred to the
Planning Commission for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Jay Alvin Wheelan, Regional Mortgage Co., Owner, and William
Young, Contract Purchaser, dated June 26, 1979, requesting an
amendment to the General Plan for commercial use on property
located east o£ Hughes Lane, north of White Lane and west of South
"H" Street, was received and referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Miller, communication
addressed to Councilman Miller from Gene Young, Kern County Super-
visor, dated June 27, 1979, requesting consideration by the City
Council to open the entrance to the landfill at Panorama Drive to
traffic both ways, was received, ordered placed on file and a
public hearing on said matter was set for Wednesday, August 8, 1979.
2O5
Bakersfield, California, June 27, 1979 - Page 3
Upon a motion by Councilman Miller, communication from
Jean S. Graupmann, 2401 Kaibab Avenue, dated June 18, 1979,
regarding a proposed shopping center in Northeast Bakersfield, was
received and ordered placed on file.
Upon a motion by Councilman Ratty, telegram from United
Airlines, dated June 26, 1979, notifying the City of Bakersfield
that they are terminating service to this community as of July 1,
1979, was received and ordered placed on file. Councilman Ratty
stated he would like to meet with other members of the Intergovern.-
mental Relations Committee, either tonight after the meeting or
tomorrow, to discuss the possibility of joining the County in a
suit to stop the action United Airlines is presently taking.
Councilman Means requested that the Intergovernmental
Relations Committee investigate the possibility of other cities
in Kern County participating in this action.
COUNCIL STATEMENTS
Councilman Ratty made a motion that the Budget Review
and Finance Committee be instructed, during the coming fiscal year,
to find a solution that will provide adequate funding for main-
tenance and repair of City streets and come back to the Council
with a report. This motion was unanimously approved.
REPORTS
Councilman Strong, Chairman of
and Personnel Committee, read Report No.
the Governmental Efficiency
6-79 regarding Increased
Benefit for Fire Department Retired Employees Covered Under City's
Relief and Pension Fund, as follows:
The Governmental Efficiency and Personnel
Committee as instructed by the City Council
has reviewed the City's Fire Department Relief
and Pension Board's request for a one time 3
to 15% increase. Attached to this report are
the results o£ a recent actuarial study which
indicates that there are sufficient assets
available within the system to fund this in-
creased benefit. This same benefit was granted
to employees covered under the Public Employees
Retirement System in September 1978. There are
206
Bakers£ield, California, June 27, 1979 - Page 4
presently 48 employees still covered under
this pension program. Out of the 48, 34 will
receive between 12% and 15% increases and in
light o£ the financial problems resulting from
inflation over the last few years, these in-
creases are certainly justified. The average
pension allowance for this group is approxi-
mately $400 per month. The annual cost for
this increase will amount to $21,879, however,
based on the actuarial figures the funds are
available in the pension program.
Based on the results of the attached actuarial
study, the Governmental Efficiency and Personnel
Committee is recommending Council approval to
amend Chapter 5.38 o£ the Municipal Code to
grant this benefit effective July 31, 1979.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 6-79 regarding Increased Benefit
for Fire Department Retired Employees Covered Under City's Relief
and Pension Fund, was accepted; and recommendation as outlined in
the report, was approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 5.38 of the Munici-
pal Code by adding Section 5.38.188
adjusting retirement pay for certain
retired employees.
First reading was considered given an Ordinance of the
Council o£ the City of Bakersfield amending Chapter 5.38 of the
Municipal Code by adding Section 5.38.188 adjusting retirement pay
for certain retired employees.
Director of Fire & Development Services Needham stated
the Council has been provided with a copy of a memorandum answering
the questions posed by Councilman Miller at the meeting of June 13,
1979. If the Council would like to schedule a workshop session to
discuss the Downtown Regional Shopping Center with the developer,
Special Counsel Eugene Jacobs and staff a tentative date could be
set tonight.
Upon a motion by Councilman Ratty, the staff was requested
to set a tentative date for a workshop session to discuss the
Downtown Regional Shopping Center with the developer, Special
Counsel Eugene Jacobs and staff members.
Bakersfield, California, June 27, 1979 - Page 5
2O7
Director of Fire & Development Services Needham read a
memorandum, dated June 27, 1979, regarding Questions Posed by
Councilmen Miller, Payne and Christensen, at the Council Meeting
of May 30, 1979, as follows:
A letter from The May Department Stores Company
to John S. Griffith & Company dated May 23,
1979, was read into the record at the City
Council meeting of May 30, 1979. It was
addressed to Mr. Daniel W. Donahue, who in turn
provided it to the City only to indicate the
May Company's intentions in downtown Bakers-
field. It is not, and should not be, inter-
preted as a threat to the City, nor a medium
in which policy is dictated to the City Council.
The letter was a communication between joint
venture partners.
The May Company and J. C. Penney have both
independently conducted extensive market
research on the Bakersfield trade area. They
have reviewed alternative sites in and around
the City. They have both concluded that
"downtown" is the best location for a "full-
line, single store" strategy (i.e., store
areas of 150,000 square feet).
All of the department stores that the Griffith
Company is working with are concerned about
potential developments either in the County or
the City (i.e., in the market area). The
department stores are prepared to go ahead and
build new facilities in downtown Bakersfield.
The Bakersfield trade area can (in the 1979-82
time frame) support an additional 750,000 to
900,000 square feet of major commercial retail.
It would take an additional population growth
in the "trade area" of at least 175,000 to
economically support an additional regional
center. It is anticipated that the Bakersfield
trade area will gain sufficient population in
the 1985-87 time frame to support another major
retail center.
Director of Fire & Development Services Needham stated
he would like to make it clear that these are statements of the
private developers and not staff.
Councilman Strong requested that the memorandum read
into the record by Director of Fire & Development Services Needham
be made available to Mr. John Brock.
Upon a motion by Councilman Miller, memorandum from
Director of Fire & Development Services Needham, dated June 27,
208
Bakersfield, California, June 27, 1979 - Page 6
1979, regarding Questions Posed by Councilmen Miller, Payne and
Christensen at the City Council Meeting of May 30, 1979, was
received and ordered placed on file.
On request of the Council, Director of Fire & Develop-
ment Services Needham stated he would try to set the workshop
session to discuss the Downtown Regional Shopping Center for
Wednesday, July 18, 1979, and report back to the Council at the
meeting of July ll, 1979.
Councilman Barton reported that because of a time factor
the Council has been furnished with a copy of a proposed ordinance
granting a Nonexclusive Franchise to Warner Cable TV and the City
Attorney will explain the procedures.
City Attorney Hoagland stated the next step would be
the adoption of a Resolution of Intention and if the Council so
directed it could be prepared for adopted at the meeting of July
ll, 1979. The Resolution of Intention will set forth the terms
and conditions contained in the ordinance. The ordinance will not
be acted upon for sometime. The Resolution of Intention will also
set a date of hearing which cannot be earlier than 20 days nor
later than 60 days from the passage of said resolution. August
1, 1979 would be the earliest date the hearing could be held and
the ordinance adopted.
Mr. Tom LaFourcade, General Manager o£ Warner Cable TV
of Kern County, stated they would appreciate the Council setting
the hearing for the earliest possible date.
Upon a motion by Councilman Barton, the City Attorney
was instructed to prepare a Resolution of Intention for the meeting
of July 11, 1979, setting the date of hearing regarding the granting
of a Nonexclusive Franchise to Warner Cable TV for August 8, 1979.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5976 to 6178,
inclusive, in the amount of $574,576.20.
Bakersfield, California, June 27, 1979 - Page 7
2O9
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
Claim for Damages from Lionel L. Ramos
Company, Insurance Claims Service, on
behalf of O. L. Williams & Son. (Refer
to City Attorney)
Claim for Damages from William Galland
and Donna Arlene Galland, 2417 Edwards
Avenue, Bakersfield. (Refer to City
Attorney)
Claim for Personal Injuries from Errol
Gillis, Joanne Gillis and Noel and Rachel
Gillis, 3900 Skokie, Bakersfield. (Refer
to City Attorney)
Grant Deed from Community Construction,
Inc., providing Drainage Sump as required
for Tract No. 3948, located north of
Panama Lane and west of Akers Road.
Map of Tract No. 3867 "B" and Improvement
Agreement with B. L. Dickinson, Inc., for
construction of improvements therein,
located at the southeast corner of
Panorama Drive and Fairfax Road.
Notices o£ Completion and Acceptance of
Work for improvements in:
Tract No. 3867 (A), Contract No. 78-41,
with B. L. Dickinson, Inc., located at
Fairfax Road and Panorama Drive.
Tract No. 3868 (A), Contract No. 78-48,
with B. L. Dickinson, Inc., located at
Fairfax Road and Panorama Drive.
Notices of Completion and Acceptance of
Work for improvements on:
South King Street Reconstruction, Contract
No. 79-68, with Granite Construction Co.
Demolition and removal of structures and
related improvements on portions of Blocks
325 and 307, City of Bakersfield, Contract
No. 79-64, with Valley Tree and Construction
Service.
Application for Encroachment Permit from
George M. Serban, 2600 E1 Berrendo Avenue,
for construction of fence 6 feet behind
flowline of curb on E1Potrero Lane at
northwest corner of E1 Potrero Lane and
E1 Berrendo Avenue.
Application for Encroachment Permit from
James C. Kliewer, 3317 Apollo Street,
for construction of 6 foot high redwood
fence along back of sidewalk along Fulton
Street at southeast corner of Apollo
Street and Fulton Street.
Bakersfield, California, June 27, 1979 - Page 8
(k)
(i)
(m)
(n)
(o)
(p)
Application for Encroachment Permit from
Donald T. Hoover, 6300 Brooklawn Way,
for construction of 6 foot fence along
back of sidewalk along Clubview Drive at
northwest corner of Clubview Drive and
Brooklawn Way.
Budget Transfer from the Equipment Re-
placement Contingency Account to General
Equipment Replacement Funds, in the
amount of $7,630.03, for the following:
$3,000.00
Three surplus police sedans are
to be used as standby equipment
and four surplus lightweight
Public Works Pickup Trucks were
transferred to the Police
Department for accident inves-
tigation. The estimated salvage
value of $3,000 should be
transferred.
$1,630.03
Funds are needed due to higher
prices and fitting expense on
two street sweepers.
$3,000.00
Two surplus refuse trucks are
to be used as standby equipment.
The estimated salvage value of
$3,000 should be transferred.
Budget Transfer from the Council Contingency
Fund, in the amount of $4,000, for funding
for construction of Corporation Yard
Facility Unit "E" Parking Canopy.
Resolution No. 53-79 of the Council of the
City of Bakersfield setting Wednesday,
July 25, 1979, in the Council Chambers of
City Hall, as the date 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 the City Clerk to give notice in
accord with Section 51284 of the Govern-
ment Code.
Request from McPhee-LaBare and Associates,
Civil Engineers-Land Surveyors, 3100 - 19th
Street, for amendment to the General Plan
for commercial use at the northeast corner
of Wible Road and Panama Lane. (Refer to
Planning Commission for study and recom-
mendation)
Request from Richard L. Lymp, P.O. Bin
9448, for abandonment of road easement
located east of Alfred Hattell Highway,
southwest of the Kern River and north of
Highway 178. (Refer to Planning Com-
mission for study and recommendation)
Bakersfield, California, June 27, 1979 - Page 9
211
(q) Map of Tract No. 3827, Units C, D & E,
and Improvement Agreements with Casa
Linda, Inc., for construction of improve-
ments therein, located east of Stine Road,
south of Harris Road.
Councilman Miller requested that Items (1) & (m) of the
Consent Calendar be considered separately.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (n), (o), (p) & (q) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Councilman Miller requested more information on Items
(1) and (m) of the Consent Calendar.
Director of Public Works Hawley stated, regarding Item (1),
the current budget included funds for salvage value and it is now
being requested that the money be transferred from the Equipment
Replacement Contingency Fund to the Equipment Replacement Fund.
In regards to Item (m), the Council budgeted $158,000 for various
items to complete work at the New Corporation Yard. The City is
in the process of purchasing furniture and equipment and the last
item on the list was the Parking Canopy. The Council approved an
additional $7,500.00 when the bid was awarded May 30, 1979. It was
later determined that there were outstanding bills for the furniture
and equipment, therefore, there is a $4,000.00 shortage in that
account.
Upon a motion by Councilman Miller, Items (1) and (m) of
the Consent Calendar, were adopted by the
Ayes:
Noes:
Absent:
Councilmen Ratty,
Miller
None
Councilman Payne
Strong, Barton,
following roll call vote:
Christensen, Means,
Bakersfield, California, June 27,
1979 - Page l0
ACTION ON BIDS
Upon a motion by Councilman Means, bids of Valley Crest
Tree Company (14 items) and Cooper's Landscaping (ll items), for
plants for Quailwood, Grissom and Kroll Parks, were accepted and
all other bids rejected.
Upon a motion by Councilman Means, low bid of Valley
Tree and Construction for demolition and removal of structures at
six locations, was accepted and all other bids rejected.
Acceptance of bid of Prudential Over-
all Supply for Industrial Laundry
Service.
Mr. Bob Cornell, Manager of Mission Linen Supply, requested
that the Council award the bid to Mission Linen Supply because they
are a local firm, employ local people and pay local taxes. The
lowest bidder, Prudential Overall Supply, is not a local firm.
Finance Operations Manager Higginbotham stated a number
of considerations were taken before recommending the award of the
bid. The geographical location does not make any difference as
long as they can satisfy the needs'of the City and deliveries are
made on time. Each vendor satisfied the specifications and con-
sideration was made on the overall cost. The three year contract
savings in awarding the bid to Prudential Overall Supply was approxi-
mately $7,200.00 on the uniforms alone. Mission Linen Supply was
second lowest bidder.
City Attorney Hoagland stated a bid cannot be awarded to
the higher bidder whether they are local or not, unless there is
good reason to turn down the low bid. That is a matter of law,
not discretion.
Councilman Miller stated being active in the local
business community he can certainly relate to Mission Linen Supply's
request. It is unfortunate the Council cannot assess the service
aspect in terms of the tangible dollar value to the local business-
man over someone from out of town.
Bakersfield, California, June 27, 1979 - Page
213
Councilman Miller made a motion that all bids for
Industrial Laundry Service, be rejected and the Finance Department
be authorized to readvertise for bids.
Councilman Strong offered a substitute motion that the
low bid of Prudential Overall Supply for Industrial Laundry Supply,
be accepted, all other bids rejected and the Mayor authorized to
execute the contract. The
following roll call vote:
Ayes: Councilmen Ratty,
Payne
Noes:
Absent:
substitute motion carried by the
Strong, Barton, Christensen, Means,
Councilman Miller
None
Upon a motion by Councilman Barton,
low bid of Bauer
Coatings and Chemicals Division for purchase of Self-Propelled
Traffic Line Marking Machine, was accepted, the other bid rejected
and Budget Transfer from the Council Contingency Fund to the
appropriate account, in the amount of $10,500, was approved.
Councilman Miller voted in the~egative on this motion.
Upon a motion by Councilman Strong, low bid of Colombo
Construction Co. for construction of Farm Headquarters and
Maintenance Building - Wastewater Treatment Plant No. 2, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Christensen, all bids for
construction of the South Wing-Bakersfield City Hall, were rejected
and the Finance Department was authorized to rebid the project.
DEFERRED BUSINESS
Adoption of Ordinance No. 2504 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
north of Pacheco Road and east of
Stine Road.
214
Bakers£ield, California, June 27, 1979 - Page 12
was not
Council
come up.
The application for this amendment was made by Jerry E.
Vancuren and would change subject properties from an "A"
(Agricultural) Zone to an M-1-D (Light Manufacturing - Architectural
Design) and M-2 (General Manufacturing) Zones.
Development Services Coordinator Tooker stated this
area of the General Plan was originally zoned for industrial use.
In December, 1976, the Council amended the General Plan to allow
residential development. In order to preserve the rest of the
industrial corridor the holding zone of "A" (Agricultural) was
requested to be changed so the zoning matched the General Plan.
The Planning Commission recommended this zone change.
Councilman Means stated he is amazed that the previous
Council allowed this and he hopes that in the future the policy
will be changed and it will not happen again.
Councilman Ratty stated this points out the fact that
when there is a General Plan the Council should abide by it. This
good planning and the Council should have stood firm. The
should reflect on this when other changes of this nature
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2504 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
located north of Pacheco Road and east of Stine Road, finding said
zonings consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Noes:
Absent
Abstaining:
Councilmen Ratty, Strong,
None
None
Councilman Christensen
Barton, Means,
Miller, Payne
Bakersfield,
California,
June 27,
1979 - Page 13
215
Adoption of Ordinance No. 2505 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on "L" Street, between California
Avenue and 14th Street.
The application for this amendment was made by A. Dwight
Danley and would change subject properties from an R-4 (Multiple
Family Dwelling) Zone to a C-2-D (Commercial - Architectural Design)
Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2505 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield located
on "L" Street, between California Avenue and 14th Street, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Miller, Payne
Noes: None
Absent: None
Abstaining: Councilmen Christensen, Means
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending the Zoning Ordinance to
allow limited Automotive Engine
Shops, subject to a Conditional
Use Permit, in the C-2 Zone.
This proposed amendment was approved by the Planning
Commission and would allow machine work on automobile and/or light
and medium size two (2) - axle truck engines wholly within an
enclosed building. In no event shall truck engines be removed or
installed on the premises.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Zoning Ordinance
to allow limited Automotive Engine Machine Shops, subject to a
Conditional Use Permit, in the C-2 Zone.
216
Bakersfield, California, June 27, 1979 - Page 14
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 17 of the Bakersfield
Municipal Code to permit Automobile
Custom Sunroof and "T-Top" Sales and
Installation subject to a Conditional
Use Permit in the C-1 Zone.
This proposed amendment was approved by the Planning
Commission and would allow automobile custom sunroof and "T-Top"
sales and installation when done entirely within a building and
excluding engine or other mechanical repair work.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 17 of the
Bakersfield Municipal Code to permit Automobile Custom Sunroof
and "T-Top" Sales and Installation subject to a Conditional Use
Permit in the C-1 Zone.
Adoption of Resolution No. 54-79 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield, identi-
fied as Annexation No. 280 (Fairview
No. 1).
This is an uninhabited annexation containing approxi-
mately 477.8 ~ acres of land located south of White Lane, north
of the Arvin-Edison Intake Canal, west of Monitor Street and east
of Hughes Lane.
Councilman Barton pointed out to the Council that this
annexation will create two inhabited County islands and will cause
problems down the road in this area.
Upon a motion by Councilman Strong, Resolution No. 54-79
of Application of the Council of the City of Bakersfield proposing
proceedings for annexation of territory to the City of Bakersfield,
identified as Annexation No. 280 (Fairview No. 1), was adopted and
referred to the Public Works Department and City Attorney for
submittal to LAFCO by the following roll call vote:
Ayes: Councilmen Ratty,
Miller,
Noes: None
Absent: None
Strong, Barton, Christensen,
Payne
Bakersfield, California, June 27, 1979 - Page 15
217
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 55-79 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield identi-
fied as Annexation No. 279 (College
No. 3)
This is an uninhabited annexation containing approxi-
mately l10 ~ acres of land located north of East Niles Street,
west of Morning Drive and south of College Avenue.
Upon a motion by Councilman Miller, Resolution No. 55-79
of Application of the Council of the City of Bakersfield proposing
proceedings for annexation of territory to the City of Bakersfield,
identified as Annexation No. 279 (College No. 3), was adopted and
referred to the Public Works Department and City Attorney for
submittal to LAFCO by the following roll call vote:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Adoption of Resolution No. 56-79 of
the Council of the City of Bakers-
field to allow Bakersfield Police
Officers to participate in California
Highway Patrol Training.
This resolution directs the Chief of Police of the City
of Bakersfield to execute agreements for participation of City
Police Officers in the California Highway Patrol Training Programs
which are offered without cost to the City.
Upon a motion by Councilman Payne, Resolution No. 56-79
of the Council of the City of Bakersfield to allow Bakersfield
Police Officers to participate in California Highway Patrol
Training,
Ayes:
Noes:
was adopted by the following roll call vote:
Councilmen Ratty, Strong, Barton, Christensen,
Miller, Payne
None
Means,
Absent: None
218
Bakersfield,
California, June 27, 1979 - Page 16
Adoption of Resolution No. 57-79 of
the Council of the City of Bakers-
field approving Application to the
State of California Department of
Health for an Application to operate
the City's Domestic Water Enterprise.
This City is required by State law to apply for a permit
to operate the Domestic Water System. The application was approved
by the Bakersfield Water Board on June 13, 1979.
Upon a motion by Councilman Barton, Resolution No. 57-79
of the Council of the City of Bakersfield approving Application to
the State of California Department of Health for an Application to
operate the City's Domestic Water Enterprise, was adopted and the
Mayor was authorized to execute said application by the following
roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Approval of Budget Transfer from the
Council Contingency Fund to the
Equipment Replacement Contingency
Account, in the amount of $26,618.49,
to balance the accounts.
On July 12, 1978, the Council authorized a Budget Transfer
of $47,162.28 from the Equipment Replacement Contingency Account to
purchase a refuse truck to replace one that was demolished in a
train accident. At the time it was assumed that the City would
recover a portion of the replacement cost from the railroad's
insurance carrier during the budget year. Since the City will not
be reimbursed prior to July 1, 1979, $26,618.49 is needed from the
Council Contingency Fund to balance the Equipment Replacement
Contingency Account which is overdrawn.
Upon a motion by Councilman Christensen, Budget Transfer
from the Council Contingency Fund to the Equipment Replacement
Contingency Account, in the amount of $26,618.49, to balance the
accounts, was approved.
Bakersfield, California, June 27, 1979 - Page 17
219
Approval of Budget Transfer from the
Fire Department's Regular Salary and
Wages Account of the Operations Sub-
Program, in the amount of $41,500.00,
to the Fire Fighting Equipment Account
of Operations (11-642-7400), in the
amount of $28,400.00, and Awards,
Uniforms & Accessories Account of
Operations (11-642-1700), in the
amount of $13,100.00, to purchase
safety clothing and breathing apparatus
for Fire personnel.
Several recent emergency situations have revealed that
the present levels of safety for Fire personnel are insufficient
and inadequate. They are presently being subjected to unacceptable
levels of danger due to the lack of OSHA required safety gear.
Upon a motion by Councilman Means, Budget Transfer from
the Fire Department's Regular Salary and Wages Account of the
Operations Sub-Program, in the amount of $41,500.00, to the Fire
Fighting Equipment Account of Operations (11-642-7400), in the
amount of $28,400.00, and Awards, Uniforms & Accessories Account
of Operations (11-642-1700), in the amount of $13,100.00, to
purchase safety clothing and breathing apparatus for Fire personnel,
was approved.
Approval of Cost Overrun Policy for
the Rehabilitation Loan Program and
Community Development staff authorized
to implement that Policy.
The age and construction materials originally used in
the houses being rehabilitated under the loan program can at times
make accurate estimates difficult. When actual work costs are
found to be higher than the estimate, and the bank will not increase
the loan to meet this amount, it is proposed that the Overrun
Policy be applied. This will provide funds not to exceed $300,
from the Block Grant Rehibilitation Loan Fund Account to cover
these unforeseen costs.
Councilman Miller stated he has mixed emotions about
grants versus loans.
Upon a motion by Councilman Payne, Cost Overrun Policy
for the Rehibilitation Loan Program, was approved, and the
220
Bakersfield, California, June 27, 1979 - Page 18
Community Development staff was authorized to implement the Policy.
Councilmen Ratty and Miller voted in the negative on this motion.
Approval granted to upgrade four (4)
Model 50 IBM Typewriters to Model
100, convert present lease to 60-
month purchase plan and authorize
the Mayor to execute the contract.
In the Police Department, four (4) IBM Model 50 Memory
Typewriters are currently being leased from IBM and have accrued
maximum purchase credits. Converting from the present lease to a
time-purchase will reduce the monthly payments by $230 ($613 vs.
$383). This time-purchase agreement would include doubling the
memory capacity, plus the City would own the equipment at the end
of 60 months. Financing would be by IBM at an annual percentage
rate of 7 3/4%.
Councilman Miller made a motion to approve the upgrading
of four (4) Model 50 IBM Memory Typewriters to Model 100, convert
present lease to a 60-month purchase plan, and authorize the Mayor
to execute the contract, with the stipulation alternate financing
plans be investigated.
Councilman Payne of£ered a substitute motion to approve
the upgrading of four (4) Model 50 IBM Memory Typewriters to Model
100, convert present lease to a 60-month purchase plan and authorize
the Mayor to execute the contract. Councilman Miller voted in the
negative on this motion.
Acceptance of Grant Deed £rom Texaco,
Inc., £or property located on and
adjacent to the Kern River, approxi-
mately 3/4 mile west of Oak Street.
The property is being acquired by the Water Department
and is located on and adjacent to the Kern River, approximately
3/4 mile west of Oak Street. The property consists of 35.25 acres
of land and the acquisition cost is $90,120.
The Water Board approved the acquisition at its May 30,
1979 meeting and recommended Council acceptance. Funds for the
acquisition are budgeted in the Agricultural Water Budget.
Upon a motion by Councilman Barton, Grant Deed £rom
Texaco, Inc., for property located on and adjacent to the Kern River,
approximately 3/4 mile west of Oak Street, was accepted.
Bakersfield, California, June 27, 1979 - Page 19
221
Councilman Miller stated,
opposed to purchasing the IBM equipment,
the substitute motion.
This
the Council on
for the record, he was not
he was only opposed to
HEARINGS
is the time set for continued public hearing before
an Appeal by Leo Blackburn to the decision of the
Board of Zoning Adjustment regarding a request by Rose Mary Ortiz
for a Modification to permit a seven-foot high fence in the
required side yard setback where maximum allowable fence height is
six feet in an R-1 (One Family Dwelling) Zone, affecting that
certain property in the City of Bakersfield commonly known as lll6
E1 Sereno Drive.
This hearing was duly advertised and the property owners
were notified as required by law.
This hearing was continued from the Council Meeting of
June 13, 1979, in order to work out a compromise between the two
property owners.
Councilman Means reported that a compromise was reached
between the two property owners.
Upon a motion by Councilman Means, Zoning Resolution No.
269 Granting Modification of the Land Use Zoning Ordinance of the
City of Bakersfield to permit the construction of a seven-foot
high fence in the required side yard setback where maximum allowable
fence height is six feet on that certain property commonly known as
1116 E1 Sereno Drive, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Upon
EXECUTIVE SESSION
a motion by Councilman Barton,
to an Executive Session at 10:05 P.M., for consultation with
City's Labor Negotiator regarding Meet and Confer Sessions.
the Council recessed
the
222
Bakersfield,
California,
June 27,
1979 - Page 20
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Means, the meeting was
adjourned at ll:10 P.M.
MAYO~y off'Bakersfield, Calif.
ATTEST:
CITY C~K and E~o Clerk of the Council
of the City of Bakersfield, California
ma