HomeMy WebLinkAboutJULY - SEPT 1978Bakersfield, California, July 12, 1978
191
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., July 12, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald A.
Rogers.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Sceales, Barton (seated at
8:10 P.M.), Christensen, Medders, Ratty,
Rogers
Absent: Councilman Strong
Minutes of the Budget Session of June 26, 1978 and
Regular meeting of June 28, 1978, were approved as presented.
PRESENTATION OF RETIREMENT PLAQUES
Mayor Hart presented a retirement plaque to Mr. Edward
J. Hauptman, who completed 28 years of service with the Police
Department of the City of Bakersfield, effective July 5, 1978.
Mayor Hart presented a retirement plaque to Mr. William
C. Moses, who completed 36 years of service with the Police Depart-
ment of the City of Bakersfield, effective July 3, 1978.
PRESENTATION OF PLAQUES
Mr. Robert Hargrave, President of the California Society
of Municipal Finance Officers (CSMFO), presented plaques to Mrs.
Elizabeth Haynes, widow of Denny Haynes who was Finance Director
of the City of Bakersfield, for his service to that organization.
SCHEDULED PUBLIC STATEMENTS
Mr. Ken Johnson, Kern District Manager for the Southern
California Gas Company and also representing the Pacific Gas and
Electric Company, stated that the two companies are attempting to
build a liquefied natural gas terminal on the coast at Point
Conception and requested the Council to adopt a resolution urging
the Public Utilities Commission to approve the project.
Bakersfield, California, July 12, 1978 - Page 2
Adoption of Resolution No. 69-78 of
the Council of the City of Bakers-
field urging approval by the Public
Utilities Commission of the Point
Conception Liquefied Natural Gas
Terminal Site.
Upon a motion by Councilman Christensen, Resolution No.
69-78 of the Council of the City of Bakersfield urging approval
by the Public Utilities Commission of the Point Conception Liquefied
Natural Gas Terminal Site, was adopted by the following roll call
Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Strong
CORRESPONDENCE
Upon a motion by Councilman Rogers, communication from
Kern County Council of Governments, dated June 28, 1978, requesting
that the City Council appoint someone who can represent them in
transit matters, was received and Director of Public Works Dale
Hawley was appointed as the representative.
Upon a motion by Councilman Sceales, communication from
Kern County Board of Supervisors, dated June 20, 1978, referring
a letter to the Bakersfield City Council from the Mother's Club of
Thompson Junior High School requesting completion of Bicycle Path
located west of Beach Park to Cal State (Gosford Road), was
received and referred to the Public Works Director for reply.
Upon a motion by Councilman Medders, communication from
Mrs. Willo E. Funk, 1000 Dobrusky Drive, dated July 2, 1978,
regarding treatment of her trash cans, was received and referred
to staff for reply.
Upon a motion by Councilman Christensen, communication
from Kern County Parks and Recreation Department, dated June 28,
1978, advising the Auditorium-Recreation Department that due to
the passage of the Jarvis-Gann Initiative there will not be a
recreation allocation to the City of Bakersfield this year, was
received and referred to the Auditorium-Recreation Committee.
vote:
Ayes:
Bakers£ield, California, July 12, 1978 - Page 3
193
Upon a motion by Councilman Ratty, communication from
the State Department of Transportation, dated July 5, 1978,
requesting suggestions for revised descriptions in either highway,
freeway or expressway routes that would facilitate day-to-day
highway operations or administration, was received and referred to
the Public Works Director for reply.
Upon a motion by Councilman Ratty, communication from
Rhea M. Graves, 1330 Castaic Avenue, dated July 10, 1978, regarding
regulations for private parking lots in the downtown area, was
received and referred to staff for reply.
Upon a motion by Councilman Medders, communication from
Bakersfield Neon Sign Company, dated July 12, 1978, requesting an
appeal hearing on the inability of the Planning Commission to reach
a decision regarding a request for a revolving sign for California
Republic Bank at 3990 Ming Avenue, was received and Wednesday,
July 26, 1978 was the date set for hearing of the appeal.
REPORTS
City Manager Bergen read a Status Report of Proposed
Hotel Project, as follows:
Due to the passage of Proposition 13, fiscal
and economic impacts regarding proposed hotel
project must be reevaluated. The Redevelop-
ment Agency has extended the time for the
developer to provide evidence of financing
based upon new criteria on the condition that
the City Council approve the extension.
At the request of the property owners appraisals
have been made. In order to allow time for
the committee of the Redevelopment Agency and
the staff to meet with the property owners and
report to the Council prior to their action,
we are recommending that the Council extend
the time of the evidence of financing from
July 23, 1978 to July 26, 1978. At that time
a full report will be made to the City Council
so they can make a determination.
Upon a motion by Councilman Ratty, Status Report of
Proposed Hotel Project, was accepted; and extension of time for
evidence of financing to July 26, 1978, was approved.
194
Bakersfield, California, July 12, 1978 - Page 4
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 2-78 regarding Kern Philhar-
monic Society Subsidy Request, as follows:
A meeting was held on June 27, 1978, with the
Auditorium-Recreation Committee and Mr. John
Farrer, conductor of the Kern Philharmonic, to
discuss the request made by the Philharmonic
for the City to contribute $10,000 per year to
the orchestra to help meet their expenses.
A thorough explanation was made of the needs
the orchestra faces to keep themselves solvent.
The Committee sympathizes with these needs.
However, with the fiscal plight put upon the
City with the passage of the Jarvis-Gann
Amendment, it was felt that no additional funds
could be made available at this time. It was
restated the City will continue with the same
funds now available in the recreation budget
of $400 for this fiscal year, 1978-79. Further
study is to be made to see if this amount can
be continued in the future.
Upon a motion by Councilman Christensen, Report No. 2-78
from the Auditorium-Recreation Committee regarding Kern Philharmonic
Society Subsidy Request, was accepted.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5737 to 5911,
inclusive, in the amount of $1,396,939.82.
(b)
Claim for Damages from Patricia Ann Woody,
552 Via Media, Palos Verde Estates, Cali-
fornia. (Refer to City Attorney)
(c)
Claim for Damages from Arthur Tognini,
Lessor and Owner of businesses at 9, ll,
15, 19 and 25 Chester Avenue, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Damages from Patricia Tognini,
DBA Brundage Fabrics, 19 Chester Avenue,
Bakersfield. (Refer to City Attorney)
(e)
Claim for Damages from Harold Cox, DBA
Brundage Jewelry and Sherry's Liquor
Store, 27-31 Chester Avenue, Bakersfield.
(Refer to City Attorney)
(f)
Claim for Damages from Sharon Hansen, DBA
Mears Cafe, 9 Chester Avenue, Bakersfield.
(Refer to City Attorney)
(g)
Map of Tract No. 4011 and Improvement
Agreement for construction of improve-
ments therein - located east of Gosford
Road and north of Ming Avenue.
Bakersfield, California, July 12, 1978 - Page 5
195
(h)
Map of Tract No. 4024 and Improvement
Agreement for construction of improve-
ments therein - located east of Ashe
Road and north of White Lane.
(i)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Parcel Map No. 3624 - Contract No.
77-54 with Harold H. Russo.
(J)
Notice of Completion and Acceptance of
Work under Tract Map No. 3814 - Contract
No. 76-94 with Troy Chastain.
(k)
Notice of Completion and Acceptance of
Work on improvement of Chester Avenue
between 24th Street and Garces Circle
(Federal Aid Urban Project No. M-F294(2)) -
Contract No. 77-203 with James G. Francis.
(i)
Notice of Completion and Acceptance of
Work for installation of Fuel Storage
Tanks at Corporation Yard - Contract No.
78-83 with Omega Construction Company.
(m) Deleted.
(n)
Plans and Specifications for Storm Drains
in Hughes Lane, White Lane and Chadbourne
Street.
(o)
Plans and Specifications for construction
of pavement on portions of South Brown
Street and South Williams Street.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (n) and (o) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes:
Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Strong
ACTION ON BIDS
Upon a motion by Councilman Medders, bid of Omega
Construction Company for installation of improvements to the
Corporation Yard Facility (which included fuel island, vehicle
wash facility and additional equipment), was rejected and the
Assistant City Manager - Finance was authorized to readvertise
the project.
196
Bakersfield, California, July 12, 1978 - Page 6
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company for construction of Storm Drain in Panama
Street, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Rogers, low bid of Ray
Gaskin Service for Refuse Packer Truck - Body & Chassis, was
accepted, all other bids rejected and Budget Transfer, in the
amount of $47,162.28, from the Contingency Account in the Equip-
ment Replacement Fund to the appropriate account for the purchase
of the truck was approved.
DEFERRED BUSINESS
Adoption of Ordinance No. 2416 New
Series amending Title Seventeen o£
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the north side of College Avenue
within the 5900 through 6100 blocks.
The application for this zone change was made by Lusich,
Patrick, Henderson, Mueller & Associates, Inc., 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 Rogers, Negative Declaration
and Ordinance No. 2416 New Series amending Title Seventeen of the
Municipal Code of the City o£ Bakersfield by changing the Land
Use Zoning of those certain properties in the City of Bakersfield
located on the north side of College Avenue within the 5900 through
6100 blocks, finding said zoning consistent with the General Plan,
were adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Sceales,
Rogers
None
Barton, Christensen,
Medders, Ratty,
Councilman Strong
197
Bakersfield, California, July 12, 1978 - Page 7
Adoption of Ordinance No. 2417 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
south of Ming Avenue, between Gosford
Road and Ashe Road.
The application for this zone change was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited
Multiple Family Dwelling - Architectural Design) Zone; from an "A"
(Agricultural) Zone to an R-1 (One Family Dwelling) Zone; from an
"A" (Agricultural) Zone to an R-2-D (Limited Multiple Family
Dwelling - Architectural Design) Zone; and from an "A" (Agricultural)
Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural
Design) Zone.
Upon a motion by Councilman Sceales, Negative Declaration
and Ordinance No. 2417 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 south of Ming Avenue, between Gosford Road and Ashe Road,
finding said zonings consistent with the General Plan, were adopted
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
None
Councilman Strong
Adoption of Ordinance No. 2418 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 901 through 907 Lakeview
Avenue.
The application for this zone change was made by Joseph
Dean
Family Dwelling) Zone to a C-2-D
Zone.
and would change subject property from an R-2 (Limited Multiple
(Commercial - Architectural Design)
Bakersfield, California, July 12, 1978 - Page 8
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2418 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 901 through 907 Lakeview Avenue, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Sceales,
Rogers
Noes: None
Absent: Councilman
Barton, Christensen, Medders, Ratty,
Strong
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield, re-
garding property known as Municipal
Farm No. 3 Annexation.
This ordinance would zone upon annexation those certain
properties in the County of Kern located between Panama Lane and
one mile south of Bear Mountain Boulevard and approximately one
mile east of Cottonwood Road to an "A" (Agricultural) or more
restrictive Zone.
This zoning upon annexation covers approximately 4.4
square miles located southerly of the existing City Sewer Plant
No. 2 and will be used by the City to control and utilize water
discharged from the treatment facility. Properties will be leased
for raising of field crops. It is presently zoned "A" in the
County.
Several property owners within the area attended the
public hearing and expressed opposition to the properties being
used as proposed, because of the possible odor from the treated
water and the dust problem from grading the land. Property owners
also expressed concern relative to access through City properties
to adjoining farm properties.
Bakersfield, California, July 12, 1978 - Page 9
199
The Planning Commission found the proposed zoning upon
annexation compatible with surrounding properties and consistent
with the Land Use Element of the General Plan, approved and
adopted the Negative Declaration, advertised and posted June 9,
1978, and recommended approval by the City Council.
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
regarding property known as Municipal Farm No. 3
Bakersfield,
Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield, re-
garding property known as Municipal
Farm No. 4 Annexation.
This ordinance would zone upon annexation those certain
properties in the County of Kern located one mile south of Brundage
Lane, west of Fairfax Road to an "A" (Agricultural or more
restrictive Zone.
This zoning upon annexation covers approximately 474 acres
located easterly of the existing City Sewer Plant No. 2. Properties
were acquired by the City to control and utilize water discharged
from the treatment facility. City will lease the land for raising
field crops. It is presently zoned "A" in the County.
Several property owners within the area attended the
public hearing and expressed opposition to the property being used
for farming using treated water from the treatment plant, and
accordingly opposed the agricultural zoning.
The Planning Commission found the proposed zoning upon
annexation compatible with the surrounding properties, consistent
with the Land Use Element of the General Plan, approved and
adopted the Negative Declaration, advertised and posted June 9,
1978, and recommended approval by the City Council.
9 00
Bakersfield, California, July 12, 1978 - Page 10
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 Municipal Farm No. 4
Annexation.
First reading of an Ordinance amending
Title Seventeen of the Municipal Code
of the City of Bakersfield by changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located on the south side of the
Alfred Harrell Highway and Lake Ming
Road Intersection.
The application for this amendment was made by George
Nickel, Jr. and would change subject properties from an R-1 (One
Family Dwelling) Zone to a C-O-D (Commercial and Professional
Office - Architectural Design) or more restrictive Zone, and a
C-2-D (Commercial - Architectural Design) or more restrictive Zone.
The applicant is proposing to rezone 39 acres to C-O-D
and 62 acres to C-2-D. The proposed zoning would be consistent
with the Bakersfield Metropolitan Area General Plan.
The Planning Commission approved the Negative Declaration,
advertised and posted May 26, 1978, found the proposed zoning
consistent with the General Plan and recommended approval by the
City Council.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the south side of Alfred Harrell
Highway and Lake Ming Road Intersection.
First reading of an Ordinance amending
Title Seventeen of the Municipal Code
of the City of Bakersfield by changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located on the north side of Panama
Lane east of State Highway Route 99.
The application for this amendment was made by Hal Doran
and would change subject property from a C-2-D (Commercial -
201
Bakersfield, California, July 12, 1978 - Page ll
Architectural Design) Zone to a TT (Travel Trailer Park) or more
restrictive Zone.
The Planning Commission approved the Negative Declaration,
advertised and posted June 9, 1978, found the proposed zoning
consistent with the General Plan and recommended approval by the
City Council.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the north side of Panama Lane east of
State Highway Route 99.
First reading of an Ordinance amending
Title Seventeen of the Municipal Code
o£ the City of Bakersfield by changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located on the northwest corner of
Panorama Drive and Fairfax Road Inter-
section.
This application for amendment was made by R. A. Wadsworth
Builder, Inc., and would change subject property from an R-1 (One
Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church)
or more restrictive Zone.
The Planning Commission approved the Negative Declaration,
advertised and posted June 9, 1978, found the zoning consistent
with the General Plan and recommended approval by the City Council.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the northwest corner of Panorama
Drive and Fair£ax Road Intersection.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 16.24.124 (b) (13) of
Chapter 16.24 of the Municipal Code
providing for Fire Hydrants in Sub-
divisions.
First reading was cons.idered given an Ordinance of the
Council of the City of Bakersfield adding Section 16.24.124 (b)
202
Bakersfield, California, July 12, 1978 - Page 12
(13) to Chapter 16.24 of the Municipal Code providing for Fire
Hydrants in Subdivisions.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 3.18.110 (c) (1) and
Section 3.18.110 (e) to the Municipal
Code respecting Leadmen and Shift
Differentials.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 3.18.110 (c) (1)
and Section 3.18.110 (e) to the Municipal Code respecting Leadmen
and Shift Differentials.
Adoption of Resolution No. 70-78 of
the Council of the City of Bakers-
field setting salaries and related
benefits for Officers and Employees
of the City of Bakersfield.
Upon a motion by Councilman Rogers, Resolution No. 70-78
of the Council of the City of Bakersfield setting salaries and
related benefits for Officers and Employees of the City of Bakers-
field, was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Strong
Approval of Agreement with Robert
Coop Associates for an Overview Study
of the Police Department.
On February 22, 1978, Mr. Robert Coop discussed a manage--
ment review of the Bakersfield Police Department and suggested an
Overview Study be conducted at a cost of $5,000.
Mr. Robert Coop, Robert Coop Associates, stated that
rather than conduct a general management study of the Police Depart;-
ment without knowing the areas of emphasis that should be studied,
it would be more appropriate to have a less expensive overview
study which would determine the areas the Council and staff might
be concerned with. The overview study is designed to identify
problems rather than to recommend solutions at this time. Mr.
Coop stated it is their understanding there have been discussions
Bakersfield, California, July 12, 1978 - Page 13
within City government regarding various areas of law enforcement,
such as; management (including organization and supervision),
adequate manpower, personnel procedures (including recruitment,
examination, training, promotion and separation), actual crime
reporting and statistics, etc. Robert Coop Associates' objectives
would be to identify the areas which appear to be most worthwhile
for a detailed study in the future and he outlined areas the study
would include: interviews with the City Council, City Manager,
Personnel Director, Police Chief and principal officers, repre-
sentative Police Officers, news media, representatives of business
community, racial minority leaders, representatives of neighbor-
hood and citizens groups, District Attorney's office and repre-
sentatives of the Judiciary; and review generally department
organization, policies and procedures.
The product of the overview study would be a report
listing the information obtained, state conclusions and recommend
areas for detailed study, if it appears appropriate. A statement
of work would be prepared which the City could use to either
complete its own study or in soliciting assistance for a study
by someone else. The overview study cost is $5,000, plus expenses
not to exceed 15% of the basic cost, and it would be completed by
August 30, 1978.
Councilman Sceales stated that he could not support the
overview study of the Police Department at this time.
Upon a motion by Councilman Christensen, Agreement with
Robert Coop Associates for an Overview Study of the Police Depart-
ment at a cost of $5,000, plus expenses not to exceed 15% of the
basic cost, was approved and the Mayor was authorized to execute
same,
Ayes:
Noes:
by the following roll call vote:
Councilmen Barton, Christensen,
Councilman Sceales
Medders, Ratty, Rogers
Absent: Councilman Strong
204
Bakersfield, California, July 12, 1978 - Page 14
Adoption of Resolution No. 71-78 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 Island Annexation No. 271
(Harris No. 2).
The proposed island annexation consists of approximately
29 acres of inhabited land and is located northeast of Harris Road
and Stine Road. The Planning Commission approved the boundaries
on July 5, 1978. This resolution initiates the preliminary pro-
ceedings for annexation of Harris No. 2.
Upon a motion by Councilman Sceales, Resolution No. 71-78
of Application of the Council of the City of Bakersfield proposing
proceedings for annexation of territory to the City of Bakersfield,
identified as Island Annexation No. 271 (Harris No. 2), was adopted
and referred to the Public Works Department for filing with LAFCO
by the following roll call vote:
Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Strong
Adoption of Resolution No. 72-78 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. 272 (Panama
No. 2).
The proposed annexation consists of approximately
83 acres of inhabited land and is located northwest of Panama Lane
and Wible Road. This resolution initiates the preliminary pro-
ceedings for annexation of Panama No. 2.
Upon a motion by Councilman Sceales, Resolution No. 72-78
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. 272 (Panama No. 2), was adopted and
Bakersfield, California, July 12, 1978 - Page 15
205
referred to the Public Works Department for filing with LAFCO by
the following roll call vote:
Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Strong
Adoption of Zoning Resolution No.
262 Denying Application of May Howe
to amend Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain
properties in the City of Bakersfield
commonly known as 2501Dracena Street,
415 through 519 "A" Street, and 2420
and 2424 Palm Street.
The Planning Commission held a public hearing on this
matter at which time several property owners submitted testimony
expressing opposition to the proposed zone change from R-1 (One
Family Dwelling) to R-2 (Limited Multiple Family Dwelling).
The Planning Commission was of the opinion the requested
R-2 zoning of subject properties would not be compatible with the
single family homes in the neighborhood and accordingly recommended
denial of the zone change.
Upon a motion by Councilman Medders, Zoning Resolution
No. 262 Denying Application of May Howe to amend Title Seventeen
of the Bakersfield Municipal Code by changing the Land Use Zoning
of those certain properties in the City of Bakersfield commonly
known as 2501 Dracena Street, 415 through 519 "A" Street, and 2420
and 2424 Palm Street, was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Strong
Adoption of Resolution No. 73-78 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 to execute
agreements for participation of City Police Officers in the
206
Bakersfield, California, July 12, 1978 - Page 16
California Highway Patrol Training Programs which are offered
without cost to the City.
Upon a motion by Councilman Rogers, Resolution No. 73-78
of the Council of the City of Bakersfield to allow Bakersfield
Police Officers to participate in California Highway Patrol
Training, was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Strong
Council
HEARINGS
This is the time set for public hearing before the
for hearing protests by persons owning real property
within territory designated as "Municipal Farm No. 3," proposed
to be annexed to the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This is an uninhabited annexation containing 2,943 ~
acres of land located south of Panama Lane and east of Cottonwood
Road.
City Manager Bergen explained the hearing procedures for
annexations and zoning upon annexations, and stated that both
Municipal Farm No. 3 and No. 4 Annexations involve only City owned
property which will be utilized as a Municipal Farm. The hearings
on the EIR on use of property as a Municipal Farm were held some
time ago.
Public Works Director Hawley stated this is a cooperatiw~
project between the City, Union Avenue Sanitation District, Alta
Verde Sanitation District and East Niles Community Services
District. Hearings pertaining to the merits of the project and
to consider various alternatives were held by the City on March
27, 1974, the County on April 3, 1974, the Planning Commission on
Bakersfield, California, July 12, 1978 - Page 17
2O7
because if it is not
Mayor Hart
pation.
July l, 1974 and also outside the City. The environmental clearance
was certified by the Council on August 26, 1974. On March l?, 1976
additional hearings were held and on April 26, 1976, Resolution No.
26-76 was adopted approving the final EIR.
City Manager Bergen stated that this action is for annexa-
tion of City owned property for a use that has gone through the
necessary EIR and zoning hearings. It is important to the City
annexed property taxes will have to be paid.
declared the hearing open for public partici-
Hattie M. Mixon, 2901 South Fairfax Road, stated that
she is opposed to the annexation of Municipal Farm No. 3 and No.
4 because of the manner in which the notices for hearings on the
EIR for the Bakersfield Sub-Regional Wastewater Plan were advertised.
Myra Barker, Buena Vista Boulevard, submitted a petition
£rom property owners in the immediate vicinity of ~he Municipal
Farm objecting to the annexations.
Mr. Vic Vincent, President of E1 Adobe Property Owners
Association (representing approximately 79 residents), objected
to the annexation because they were never notified of the project
prior to this hearing. They would also like to keep Adobe Road
open because they gave 55 feet of their property for this road to
have access to DiGiorgio Road. The main objection is that the
City plans to fence the property at the section line which would
be one foot from the Adobe Road right-of-way closing off access to
DiGiorgio Road.
Mr. Dick Tatum, resident of the area, stated he is opposed
to the project because they have not looked into the overall
environmental impact on the surrounding area.
Mr. Tom Boozer, subdivision developer in the area, stated
that when he developed the area he had no idea the City was going
to construct a sewer farm across the street. He also stated that
208
Bakersfield, California, July 12, 1978 - Page 18
the County required a 55 foot provision for Adobe Road but did not
require the same from the City, and he is concerned about egress
and ingress to their property.
Mr. Harold B. Marley, Route 6, Box 71A on Buena Vista
Boulevard, stated he is in opposition to this and concurs with
the feelings of the other property owners. He also requested that
the City do something to alleviate the dust problems in the area.
Mr. James Van Noy, 3201 Fleur, stated he did not think
the public was given proper consideration in this matter and
opposes the project.
Mr. Robert Barker, stated he is concerned about water
flooding his property if the walls of the pond break and requested
the Council to take a good look at the impact of this project on
the surrounding area. He also requested that something be done
about the dust problem from construction on the project.
No further protests or objections being received and
no one wishing to speak in favor, Mayor Hart closed the public
portion of the hearing for Council deliberation and action.
Public Works Director Hawley stated the Water Quality
Control Board established discharge requirements for the City of
Bakersfield's Treatment Plant and this plant meets those require-
ments. This project was reviewed by the State Department of Health,
Kern County Health Department, Water Quality Control Board, Air
Resources Control Board, most County Agencies, many Water Districts
in the area, various Environmental Groups and there is a long list
of people who have reviewed and responded to the Environmental
Impact Report. This plant is being designed to provide a very
high degree of treatment. The plant now being used does not pro-
vide that high degree of treatment. That is the reason the City
acquired all the additional land. The Mosquito Abatement District
reviewed the proposal and made suggestions, which were incorporated
into the plans.
Bakersfield, California, July 12, 1978 - Page 19
2O9
Councilman Rogers stated the people living in the
surrounding area have a dust problem from the construction and
asked what can be done to eliminate it.
Public Works Director Hawley stated that sections of land
are being leveled and it is a very difficult task for the contractor
to keep the dust down over that area. After receiving several
phone calls a meeting was held with the contractor on the site.
The contractor improved the situation, but it still did not meet
the City's requirements. Another meeting was held with the con-
tractor and also with several property owners in the area, and
the contractor agreed to water down the area near the mobile home
park and the staff feels he is doing a much better job as no further
phone calls have been received.
After considerable discussion, City Manager Bergen stated
the staff would be happy to meet with the property owners and
answer questions and resolve some of the problems any time it is
convenient for all concerned.
Upon a motion by Councilman Ratty, Resolution No. 74-78
of the Council of the City of Bakersfield making finding that a
majority protest has not been made and ordering the territory
designated as Annexation No. 248, Proceeding No. 586 (Municipal
Farm No. 3) annexed to the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Sceales, Christensen, Medders, Ratty, Rogers
Noes: None
Absent: Councilmen Strong, Barton
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Municipal Farm No. 4," proposed
to be annexed to the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
210
Bakersfield, California, July 12, 1978 - Page 20
This is an uninhabited annexation containing 473 + acres
of land located south of Brundage Lane and west of Fairfax Road.
pation.
Mayor Hart declared the hearing open for public partici-
Hattie M. Mixon, 2901 South Fairfax Road, stated the
construction of the Municipal Farm should be halted or relocated
until some legal advice is received on whether proper notice of
hearings was made to interested persons.
Mr. Tom Boozer questioned the staff
taxes.
regarding property
No further protests
one wishing to speak in favor,
of the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 75-78
of the Council of the City of Bakersfield making finding that a
majority protest has not been made and ordering the territory
designated as Annexation No. 249, Proceeding No. 587 (Municipal
Farm No. 4), annexed to the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Sceales, Christensen, Medders, Ratty, Rogers
Noes: None
Absent: Councilmen Strong, Barton
This is the time set for public hearing before the
Council on Resolution of Intention No. 933 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of Robinson Street between the Alley and East 21st Street and the
Alley adjacent to Kern Block 103, in the City of Bakersfield.
This hearing has been duly advertised and posted.
The Public Works Department has no objections to the
proposed closings, subject to the following conditions:
1. Curb and gutter shall be installed to
provide an alley type entrance at East
Truxtun Avenue and Robinson Street.
or objections being received and no
Mayor Hart closed the public portion
Bakersfield, California, July 12, 1978 - Page 21
2. Curb and gutter shall be installed along
East 21st Street to physically close
Robinson Street. (A driveway opening
will be permitted)
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Ratty, Resolution No. 76-78
of the Council of the City of Bakersfield ordering the vacation of
Robinson Street between the Alley and East 21st Street and the
Alley adjacent to Kern Block 103, in the City of Bakersfield,
subject to the conditions specified by the Public Works Department,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Council,
adjourned at
Councilmen Sceales, Christensen, Medders, Ratty, Rogers
None
Councilmen Strong, Barton
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Ratty, the meeting was
10:10 P.M.
ATTEST:
oCfITtYhe c~iR~K'yaon~ ~)rsf~~l~i~ofrnthiae Council
ma
Calif.
21_2
Bakersfield, California, July 26, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., July 26, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald A.
Rogers.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Strong, Barton, Christensen,
Present:
Absent:
~ledders, Ratty, Rogers
Councilman Sceales
Minutes of the regular meeting of July 12, 1978 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Harvey Hall, Hall Ambulance Service, Inc., 1307
South "H" Street, read a prepared statement regarding a budget
proposal from the Administrator of the Kern Medical Center and
now being reviewed by the Kern County Board of Supervisors that
would reduce County ambulance service costs by $80,000 for Fiscal
Year 1978-79, which would cause a reduction in services due to
the loss of revenue.
CORRESPONDENCE
Upon a motion by Councilman Rogers, communication from
Arend Folkens, 3213 Purdue Drive, submitting his resignation from
the Board of Directors of the Golden Empire Transit District, was
received and ordered placed on file.
Communication from R. Dixon Speas Associates, Inc., dated
July 12, 1978, submitting copies of a report entitled "Site
Evaluation Study for Bakersfield Airpark," was received, referred
to the Intergovernmental Relations Committee and the staff was
requested to invite Mr. Speas to attend a meeting of that Committee,
which is to be held on the same day as a Council Meeting so that
he can discuss the report with the entire Council.
Bakersfield, California, July 26, 1978 - Page 2
213
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 3-78 regarding Kern County
Recreation Allocation, as follows:
The Council has referred to this Committee a
letter from the Kern County Parks and Recreation
Department which indicated that as a result of
the passage of Proposition 13, the County will
not be continuing its recreation allocation of
approximately $80,000 to the City for the 1978-
79 fiscal year.
The Committee has met with the staff to discuss
the impact of this revenue loss on the recrea-
tion program. After considerable discussion,
it was concluded that in order for the City to
maintain a balanced budget, it becomes necessary
to make certain adjustments in recreation fees
and programs. The following recommendations
and comments thereon are submitted for Council
approval.
Increase Recreation and Team Entry Fees
Children's programs - Since there are only
a few weeks left in this summer's program,
we do not propose any changes in this
year's program, however, they would apply
to next year's program.
Annual
Increased
Revenue
1. Recreational swimming
($.25 to $.50)
$16,000
Instructional swimming
($2.00 to $5.00)
8,300
3. Art Lessons
($2.00 to $4.00) 300
Adult programs - These programs should pay
for themselves and not be subsidized by the
City.
Annual
Increased
Revenue
Adult softball (Entry fee
increase from $152 to $300
per team)
$29,000
Adult basketball (Entry fee
increase from $115 to $230
per team)
6,000
Rental rate for California
Avenue Neighborhood Facility
should go to a daily flat fee
30O
214
Bakersfield, California, July 26, 1978 - Page 3
Approve Increase in Contract with Panama School
District
The Panama School District has offered to in-
crease their funding from $3,000 to $6,000 to
make up for the City's lost revenue from the
County. The County allocation assisted us in
putting on our program in their district.
This will enable the City to continue the same
program level in their district. $ 3,000
Total Increased Revenue
$62,900
Elimination of Programs
Budget Reduction
Youth Summer Basketball, School
Summer Playgrounds and Summer
Day Camp. These programs are
not being conducted as the
school or County facilities
have been closed and thus not
available to the City.
$15,280
o
Heritage Park and Park Stock-
dale Summer Programs - These
recreation programs were
carried out in County areas
and are recommended for
elimination.
1~400
Total Budget Reduction
$16,680
Total Increased Revenue and
Budget Reduction
$79,580
Upon a motion by Councilman Christensen, Report No. 3-78
from Auditorium-Recreation Committee regarding Kern County Recrea-
tion Allocation, was accepted; and recommendations as outlined in
the report, were approved.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 8-78 regarding Department
Reorganization, as follows:
The staff recently met with the GEP Committee
to discuss a management reorganization in the
City's Fire and Community Development Depart-
ments.
As the Council is aware, the position of
Development Services Director has been vacant
for several months, therefore, the timing for
such reorganization is appropriate. Basically,
this change would amount to combining the Fire
Department, Building Division, Planning Division,
and Domestic Water Operations into one depart-
ment known as the Department of Fire and
Development Services. Attached to this report
is the proposed organization chart.
Bakersfield, California, July 26, 1978 - Page 4
215
The A.D. Little Study in 1974 pointed out that
close attention should be given in the future
to integrating the inspectional activities of
the Fire Department as they relate to similar
activities of the Building and Planning Divisions.
This proposed plan will help in moving in this
direction. Also, the A.D. Little Study
suggested this type of consolidation would be
of benefit to developers as they would welcome
a "one-step" administrative organization in
their various dealings with the City. The
result should make for a more efficient
administrative organization than is presently
possible and more responsive to public need,
as well as the policies of the Council. In
addition, it will provide the Council and the
City Manager with a needed single department
head with the overall responsibility for co-
ordinating the closely-related functions of
City government.
The head of this new department will be the
present Fire Chief whose responsibilities will
be expanded to that of Director of Fire and
Development Services. With the Fire Chief
assuming these additional responsibilities,
it will be necessary for the Deputy Fire Chief
to take on additional administrative respon-
sibilities within the Fire Department.
We emphasize that these changes will not affect
the present level of fire suppression, however,
the staff will continue to study further
efficiencies in this area.
After careful consideration of this reorgani-
zation, the GEP Committee is recommending
Council approval of the following:
Create the Department of Fire and Develop-
ment Services.
Reclassify the Fire Chief to Director of
Fire and Development Services at a salary
range comparable to that of the Chief of
Police.
3. Increase the Deputy Fire Chief salary five
percent.
Eliminate the classification of Development
Services Director.
The net result of these changes will amount to
an annual overall savings of $40,090.
The Committee is satisfied at this time that
this reorganization is feasibly sound, however,
we will continue to evaluate its effectiveness.
The GEP Committee is also recommending a change
in a vacant classification in the City's Finance
Department. In order to more efficiently
conduct business in the Treasury section, we
are recommending the reclassification of Finance
216
Bakersfield, California, July 26, 1978 - Page 5
Investigator to Revenue Supervisor. This
change will result in an annual overall cost
of $650.
In order to implement these changes, this
Committee is recommending first reading of
the attached ordinance and adoption of the
attached salary resolutions and job specifi-
cations.
Upon a motion by Councilman Strong, Report No. 8-78 from
Governmental Efficiency and Personnel Committee regarding Depart-
ment Reorganization, was accepted; and recommendations as outlined
in the report, were approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
deleting Chapter 1.50 (Division of
Municipal Transit) and adding Chapter
1.50, Department of Fire and Develop-
ment Services, to the Municipal Code
of the City of Bakersfield.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield deleting Chapter 1.50 (Division
of Municipal Transit) and adding Chapter 1.50, Department of Fire
and Development Services, to the Municipal Code of the City of
Bakers£ield.
Adoption of Resolution No. 77-78 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. 77-78
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 Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Sceales
Eugene B. Jacobs, Special Counsel for the Redevelopment
Agency, submitted a report, dated July 26, 1978, that was given to
the Redevelopment Agency regarding Downtown Bakersfield Redevelop-
ment Project Metro Plaza Hotel, as follows:
217
Bakersfield, California, July 26, 1978 - Page 6
In January 1978 the Bakersfield Redevelopment
Agency with the approval of the City Council
entered into a Disposition and Development
Agreement with Metro Plaza, Inc. whereby:
(1)
The Redevelopment Agency would acquire
the two blocks bounded by Truxtun Avenue,
P Street, 18th Street, and O Street,
(2)
Metro Plaza would lease a portion of the
two blocks and construct and maintain a
first class full service hotel,
(3)
The Redevelopment Agency would construct
parking facilities on the remainder of
the site,
(4)
Metro Plaza would construct and maintain
tennis courts on top of the parking
facilities,
(5) Metro Plaza would operate and maintain the
parking facilities.
The Agreement was established in such a manner
that such actions would take place only on a
step by step basis only as and if Metro Plaza
and the Redevelopment Agency were able to
obtain financing. Metro Plaza was to proceed
with the plans for the site and prior to June
30, 1978 Metro Plaza was to obtain financing
or the Redevelopment Agency could terminate
the Agreement.
Metro Plaza had obtained a choice of two hotel
operators and was seeking to obtain financing
for the hotel when Proposition 13 was adopted
on June 6, 1978. The passage of Proposition
13 created questions as to whether (1) the
Redevelopment Agency could still meet its
obligations if Metro Plaza did obtain its
private financing and (2) Metro Plaza still
needed as much assistance from the Redevelop-
ment Agency since Metro Plaza's property tax
burden would be 60%-70% less as a result of
Proposition 13.
Therefore, I recommended that the time within
which Metro Plaza must have its financing be
extended to November l, 1978 in order that the
Redevelopment Agency could restructure its
capabilities and Metro Plaza's capabilities in
light of Proposition 13. The Redevelopment
Agency approved such an extension subject to
the approval of the City Council.
The matter was to be before the City Council
two weeks ago, but was put over until the
City Council meeting tonight, July 26, 1978.
Some weeks ago one of the property owners in
the proposed hotel site asked the Redevelop-
ment Agency to make preliminary appraisals of
the properties so the property owners could
have some idea of the of£ers the Redevelopment
Bakersfield, Californa, July 26, 1978 - Page 7
Agency would be making for their properties.
Such preliminary appraisals were completed
early last week. Richard Oberholzer and I met
or talked with each property owner and told
each property owner the market value stated.
Some property owners stated that the market
value was much too low. Other expressed know-
ledge of sales in the area indicating higher
values would be proper. Some made no particular
comments about value and one indicated the
values were slightly low. The reaction was
not dissimilar from the reaction of most property
owners in similar circumstances. It was made
clear that offers were not being made.
With regard to the Full Gospel Tabernacle, how-
ever, there was a serious problem. They had
their own appraisal and it differed substantially
higher from the Redevelopment Agency's appraisal.
This was due, in my opinion, to the fact that
church buildings are single purpose or limited
purpose and are vacant. The appraiser differed
on the appropriate depreciation for appraisal
purposes.
This might have been solved by getting the two
appraisers together, but a more basic problem
exists. The church representatives stated that
they had offers to purchase and/or lease all or
portions of the property and that they needed
an immediate answer. An immediate purchase is
not possible in light of the need to restructure
the financing as a result of Proposition 13.
Therefore, I discussed this matter with Mr.
Bergen and we contacted Mr. Robert Schwartz of
Metro Plaza again to see if he would reconsider
his requirement that the hotel be North of
Truxtun Avenue and move the hotel to a site
South of Truxtun Avenue on the parking area of
the Convention Center with structured parking
for the hotel and the Convention Center. He
agreed to such a move and a letter is attached
from Mr. Schwartz regarding this matter. Also
enclosed are letters from each of the two hotel
operators who desire to operate the hotel.
RECOMMENDATION:
It is my recommendation that the Redevelopment
Agency by motion recommend to the City Council:
(i)
The hotel be developed on the parking area
of the Convention Center and that the two
blocks bounded by Truxtun Avenue, P Street,
18th Street, and O Street not be used for
the hotel site.
(2)
The Executive Director of the Redevelopment
Agency be directed to prepare a new agree-
ment with Metro Plaza for the development
of the hotel on the parking area of the
Convention Center with Metro Plaza required
to have financing by November 1, 1978.
(3)
The Executive Director of the Redevelopment
Agency be directed to prepare redevelopment
plan amendments and other actions necessary
to accomplish placing the hotel on the
parking area of the Convention Center.
Bakersfield, California, July 26, 1978 - Page 8
Mr. Jacobs stated that today the Redevelopment Agency
approved the three recommendations, as contained in the report,
and he suggested that the City Council also approve those same
recommendations.
Reverend Fred Cottriel, First Assembly o£ God Church,
requested that the church property be removed from the Downtown
Redevelopment area so that the threat of Eminent Domain will be
removed and they can obtain financing. Reverend Cottriel also
that the threat of Eminent Domain a££ects their present
stated
sale.
Mr. Jacobs stated the church or new property owner could
enter into a Participation Agreement with the Redevelopment Agency
that would remove the threat of Eminent Domain from the property
and the only time factor involved is drafting the document and
obtaining approval by the Redevelopment Agency and Council. If
the property is to be removed £rom the Downtown Redevelopment area
hearings must be held, reports made and an ordinance adopted, which
would take two or three months.
Mr. Bill Brady, property owner at 918 Truxtun Avenue,
stated that he would like to see the Council honor the commitment
that was made two or three years ago, that i£ the plan was not
accomplished and the contract signed within a year that the area
would be removed from the Downtown Redevelopment area.
A£ter further discussion, Councilman Barton stated as a
short term solution he would make a motion that the Redevelopment
Agency be informed that the Council would like them to enter into
agreements with the property owners, within that block, removing
them from the threat of Eminent Domain and also that the following
three recommendations be approved:
The hotel be developed on the parking area
of the Convention Center and that the two
blocks bounded by Truxtun Avenue, P Street,
18th Street, and O Street not be used for
the hotel site.
220
Bakers£ield, California, July 26, 1978 - Page 9
The Executive Director of the Redevelopment
Agency be directed to prepare a new agree-
ment with Metro Plaza for the development
of the hotel on the parking area of the
Convention Center with Metro Plaza required
to have financing by November l, 1978.
The Executive Director of the Redevelopment
Agency be directed to prepare redevelopment
plan amendments and other actions necessary
to accomplish placing the hotel on the
parking area of the Convention Center.
This motion carried by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Sceales
Mayor Hart declared a brief recess at 9:10 P.M. and the
Council reconvened at 9:15 P.M.
Mrs. Myra Barker, Route 6, Box 71, submitted a petition
from the Committee for Clean Air and Pure Water requesting that a
public hearing be held on the Environmental Impact Report per-
taining to the City of Bakersfield's Sewage Treatment Plant No. I
and 2, located at East Brundage Lane and Mt. Vernon Avenue, and
Municipal Farm Nos. 3 and 4, and that adequate notices of said
hearings be sent to all people whose property is affected by said
sewer plants.
Upon a motion by Councilman Rogers, petition from the
Committee for Clean Air and Pure Water, was received and referred
to the Water and City Growth Committee.
City Manager Bergen read a report regarding Acceptance
of 1978-79 Community Block Grant, as £ollows:
The City has been notified the Department of
Housing and Urban Development has approved the
City's 1978-79 Community Development Block
Grant application in the amount of $1,274,000.
The grant has been offered subject to certain
conditions and timetables (see attachment #1).
It is my intent, if the grant is accepted by
the City Council, to fill the position of
Community Development and Housing Coordinator
as soon as possible. This individual, to-
gether with existing personnel working on the
Bakers£ield, California, July 26, 1978 - Page l0
221
program and the Community Development-Housing
Advisory staff (see attachment #2), will pro-
vide the City with better control and direction
and adequate staffing to effectively carry out
the program. This will also assist the City
in meeting certain HUD conditions.
We are not necessarily in agreement with the
conditions and timetables requested by HUD,
in fact we find some quite difficult. However,
we are hopeful through discussions a reasonable
solution can be achieved which will both be
satisfactory to the best interests of the City
and to HUD.
Therefore, I would recommend the City Council
accept the grant offer. The Council will be
kept informed as to the resolution of these
conditions.
Upon a motion by Councilman Christensen, report from the
City Manager regarding Acceptance of 1978-79 Community Block Grant,
was approved and grant offer from the Department of Housing and
Urban Development in the amount of $1,274,000, was accepted.
Councilman Rogers voted in the negative on this motion and Council-
man Medders abstained from voting on the matter.
City Attorney Hoagland outlined the limitations of SB-154,
specifically, State surplus funds that would not be returned to
Cities who grant cost of living increases in excess of amount
granted to State employees and declare null and void contracts with
various labor organizations that extend over two years. Mr. Hoagland
stated City Attorneys from various Cities that were in the same
financial condition as the City of Bakersfield, fiscally responsible
regardless of Proposition 13 and were able to granted modest raises,
are meeting to discuss litigation because of the unfairness of
SB-154. Mr. Hoagland requested authorization to join the litigation
to see if those funds could be made available to the City o£ Bakers--
field. Mr. Hoagland also stated that there will be no litigation
or participation until he returns to the Council with recommendations
and cost figures, if they are obtainable.
Upon a motion by Councilman Ratty, the City Attorney was
authorized to participate with other Cities, in the State of Cali-
fornia, in the preliminary action on proposed litigation in regards
to SB-154.
Bakersfield, California, July 26, 1978 - Page
The
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 5912 to 6050 and
1 to 427, inclusive, in the amount of
$308,044.57.
Claim for Damages from Marine Office of
America Corporation, 3345 Wilshire Blvd.,
Los Angeles, on behalf of Ellars, Inc.
and the Pacific Insurance Company. (Refer
to City Attorney)
Street Right-of-Way Deed from Tenneco
Realty Development Corporation for returns
at West Columbus and "Q" Streets, West
Columbus and Sam Dimas Streets, and San
Dimas and 40th Streets, as required for
Parcel Map No. 4807.
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements in
Tract No. 3838 (A) - Contract No. 76-136
with Mobilhome:Corporation.
Notice of Completion and Acceptance of
Work for paving Grissom Park Service
Drives and Parking Lot - Contract No.
78-87 with Griffith Company.
Application for Encroachment Permit from
Karl Stahl, P.O. Box 483, Bakersfield,
for construction of 6 foot high maximum
concrete wall along College Avenue in
Tract No. 3859, subject to flare outs at
intersections to provide adequate sight
distances as shown on Encroachment Permit.
Application for Encroachment Permit from
Coleman T. Proctor, P.O. Box 9812, Bakers-
field, for construction of 4 foot chain
link fence adjacent to sidewalk at 3712
Grissom Street, and 6 foot wood fences
adjacent to sidewalk on side yards along
north side of Hartford from Grissiom
Street to Stine Road.
Plans and Specifications for construction
of Traffic Signal Systems along California
Avenue at Chester Lane and Easton Drive.
Resolution No. 78-78 of intention to in-
clude within the Greater Bakersfield
Separation of Grade District a portion of
certain territory designated as Annexation
No. 258 (Manor No. 2) and setting Wednesday,
September 6, 1978, in the Council Chambers
of City Hall as the time and place for
hearing objections to the inclusion of
said territory within said District.
Bakersfield, California, July 26, 1978 - Page 12
(J)
Resolution No. 79-78 o£ the Council of
the City of Bakersfield fixing Wednesday,
September 6, 1978 in the Council Chambers
of City Hall as the time and place for
hearing protests by persons owning real
property within territory designated as
Annexation No. 258 (Manor No. 2) proposed
to be annexed to the City of Bakersfield.
Upon
(d), (e), (f),
adopted by the
a motion by Councilman Ratty, Items (a), (b), (c),
(g), (h), (i) and (j) of the Consent Calendar, were
following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Sceales
Councilman Strong requested that the City Attorney submit
a report to the Council prior to the next Council Meeting on the
results of the meeting with the other City Attorneys in regards to
the proposed litigation on SB-154.
ACTION ON BIDS
Upon a motion by Councilman Medders, low bid of Valley
Pipe and Supply for Burys, was accepted and the other bid rejected.
Upon a motion by Councilman Strong, low bid of Granite
Construction Company for pavement construction on portions of South
Brown Street and South Williams Street, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, low bid of Dean
Clark and Son Electrical Contractors for Quailwood Park Security
Lighting, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2419 New
Series of the Council of the City of
Bakersfield adding Section 16.24.124
(b) (13) to Chapter 16.24 of the
Municipal Code providing for Fire
Hydrants in Subdivisions.
Upon a motion by Councilman Medders, Ordinance No. 2419
New Series of the Council of the City of Bakersfield adding Section
224
Bakersfield, California, July 26, 1978 - Page 13
16.24.124 (b) (13) to Chapter 16.24 of the Municipal Code providing
for Fire Hydrants in Subdivisions, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Sceales
Adoption of Ordinance No. 2420 New
Series of the Council of the City of
Bakersfield adding Section 3.18.110
(c) (1) and Section 3.18.110 (e) to
the Municipal Code respecting Leadmen
and Shift Differentials.
Upon a motion by Councilman Ratty, Ordinance No. 2420
New Series of the Council of the City of Bakersfield adding Section
3.18.110 (c) (1) and Section 3.18.110 (e) to the Municipal Code
respecting Leadmen and Shift Differentials, was adopted by the
following roll call vote:
Ayes Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes None
Absent: Councilman Sceales
Adoption of Ordinance No. 2421 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the north side of Panama Lane east
of State Highway Route 99.
The application for this amendment was made by Hal Doran
and would change subject property from a C-2-D (Commercial - Archi-
tectural Design) Zone to a TT (Travel Trailer Park) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2421 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the north side of Panama Lane east of State Highway Route 99,
Bakersfield, California, July 26, 1978 - Page
225
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes:
Noes:
Councilmen Strong, Barton, Medders, Ratty, Rogers
None
Absent: Councilman Christensen, Sceales
Adoption of Ordinance No. 2422 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the northwest corner of Panorama
Drive and Fairfax Road Intersection.
The application for this amendment was made by R. A.
Wadsworth Builder, Inc., and would change subject property from an
R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling -
Church) Zone.
Upon a motion by Councilman Rogers, Negative Declaration
and Ordinance No. 2422 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the northwest corner of Panorama Drive and Fairfax Road Inter-
section, finding said zoning consistent with the General Plan, were
adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Sceales
Adoption of Ordinance No. 2423 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
Municipal Farm No. 3 Annexation.
This ordinance zones upon annexation those certain
properties in the County of Kern located between Panama Lane and
one mile south of Bear Mountain Boulevard and approximately one
mile east of Cottonwood Road (southerly of existing City Sewer
Plant No. 2) to an "A" (Agricultural) Zone.
Bakersfield, California, July 26, 1978 - Page 15
Upon a motion by Councilman Medders, Negative Declaration
and Ordinance No. 2423 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 o£ Bakersfield, regarding
property known as Municipal Farm No. 3 Annexation, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Sceales
Adoption of Ordinance No. 2424 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
Municipal Farm No. 4 Annexation.
This ordinance zones upon annexation those certain
properties in the County of Kern located one mile south of Brundage
Lane, west of Fairfax Road (easterly of existing City Sewer Plant
No. 2) to an "A" (Agricultural) Zone.
Upon a motion by Councilman Medders, Negative Declaration
and Ordinance No. 2424 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Chapter l?.12 (Zoning
Map) of the Municipal Code of the City of Bakersfield, regarding
property known as Municipal Farm No. 4 Annexation, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Ayes:
Noes:
Absent:
None
Councilman
Sceales
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 4.10.020, 4.10.030,
4.10.080 (a), 4.10.090 and 4.10.100
of the Municipal Code relative to
Special Elections.
Bakersfield, California, July 26, 1978 - Page 16
227
This ordinance conforms the "Special Elections" Ordinance
to the City Charter and changes in the State law.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 4.10.020,
4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100 of the Municipal Code
relative to Special Elections.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 12.40.010 (b) of
Chapter 12.40 (Curbs, Gutters, Side-
walks and Driveway Approaches) of
the Municipal Code of the City of
Bakersfield.
The present ordinance provides for a waiver of sidewalks
in M-2 (General Manufacturing) zones with the approval of the
Director of Public Works. This amendment provides for a waiver of
sidewalks in M-1 (Light Manufacturing) zones and in M-2 (General
Manufacturing) zones with the approval of the Director of Public
Works.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 12.40.010 (b)
of Chapter 12.40 (Curbs, Gutters, Sidewalks and Driveway Approaches)
of the Municipal Code of the City of Bakersfield.
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 Bakers-
field commonly known as 2608 Oswell
Street.
The application for this zone change was made by Frank
J. Maitia, Jr. and would change subject property from a C-O-D
(Commercial and Professional Office - Architectural Design) Zone
to a C-1-D (Limited 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 that certain property in the City
of Bakersfield commonly known as 2608 Oswell Street.
Bakersfield, California, July 26, 1978 - Page 17
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 801
South Owens Street and l101 Potomac
Avenue.
This application for amendment was made by Reverend
Virgil Loftis and would change subject properties from an R-2
(Limited Multiple Family Dwelling) Zone to an R-2-CH (Limited
Multiple Family Dwelling - Church) and an R-2-P (Limited Multiple
Family Dwelling - Automobile Parking) 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 commonly known as 801 South Owens Street and
l101 Potomac Avenue.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the northwest
corner of Morning Drive and College
Avenue Extensions.
The application for this amendment was made by Karl T.
Stahl and would change subject properties from an R-1 (One Family
Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling -
Architectural Design), R-3-D (Limited Multiple Family Dwelling -
Architectural Design), R-S (Residential Suburban), and C-2-D
(Commercial - Architectural Design) or more restrictive Zones.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield located on the northwest corner of Morning
Drive and College Avenue Extensions.
Bakersfield, California, July 26, 1978 - Page 18
229
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding property known as Annexa-
tion No. 259 (Bernard No. 4).
This ordinance would zone upon annexation those certain
properties in the County of Kern located between Bernard Street
and Pico Street, on both sides o£ Oswell Street to an R-1 (One
Family Dwelling), C-O-D (Commercial and Professional Office -
Architectural Design), R-3-D (Limited Multiple Family Dwelling -
Architectural Design), C-1-D (Limited Commercial - Architectrual
Design), and PUD (Planned Unit Development) Zones.
First reading was considered given an Ordinance of the
of the City of Bakersfield amending Section 17.12.020 of
17.12 (Zoning Map) of the Municipal Code of the City of
259
Council
Chapter
Bakersfield, regarding property known as Annexation No.
(Bernard No. 4).
Approval of Downtown Improvement
District Budget for Fiscal Year
1978-79.
The proposed budget for Fiscal Year 1978-79 is in the
amount of $52,000. No significant change in the budget from last
year.
Upon a motion by Councilman Ratty, Downtown Improvement
District Budget for Fiscal Year 1978-79, was approved.
HEARINGS
This is the time set for hearing before the Council on
an Appeal by Bakersfield Neon Sign Company regarding the Planning
Commission's denial on a request for a revolving sign for California
Republic Bank at 3990 Ming Avenue.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. A. E. Stuart, Bakersfield Neon Sign Company, stated
the request for the revolving sign conforms to the present City
Sign Ordinance and both times it was submitted to the Planning
230
Bakersfield, California, July 26, 1978 - Page 19
Commission it ended in a tie vote, and they are requesting that
the Council approve the application.
Planning Director Sceales stated that the only debate
on the sign during the Planning Commission meeting was whether or
not it should rotate, there was no opposition to the sign itself.
Councilman Ratty stated that he could not support the
rotation of the sign because it was the consensus of the Sign
Ordinance Committee during discussions that it should not be
allowed.
After discussion, upon a motion by Councilman Christensen,
request of Bakersfield Neon Sign Company to install a revolving
sign for the California Republic Bank at 3990 Ming Avenue, was
approved by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers
Noes: Councilman Ratty
Absent: Councilman Sceales
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Bernard No. 4," proposed to be
annexed to the City of Bakersfield. (This annexation was commenced
under the old annexation law).
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This is an uninhabited annexation containing 16.25 +
acres of land lying east and west of Oswell Street between Pico
Avenue and Bernard Street.
Mayor Hart declared the hearing opener public partici-
pation.
portion
action.
No protests or objections being received, the public
of the hearing was closed for Council deliberation and
of the Council of
Upon a motion by Councilman Rogers, Resolution No. 80-78
the City of Bakersfield declaring that a majority
Bakersfield, California, July 26, 1978 - Page 20
931
protest has not been made to the annexation of "Bernard No. 4,"
proposed to be annexed to the City of Bakersfield, was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton,
Rogers
None
Councilman Sceales
Christensen,
Upon a motion by Councilman Rogers,
Medders, Ratty,
Ordinance No. 2425
New Series approving annexation of a parcel of uninhabiied territory
to the City of Bakersfield, California, designated as "Bernard No.
4," and providing for the taxation of said territory to pay the
bonded indebtedness of said City, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
pation.
portion
action.
Absent:Councilman Sceales
This is the time set for public hearing before the
Council on Resolution of Intention No. 934 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of Public Utilities Easements in Lots 18-20 in Orange Villa Tract
located north of Bernard Street and west of Mount Vernon Avenue,
in the City of Bakersfield
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public partici-
No protests or objections being received, the public
of the hearing was closed for Council deliberation and
Upon a motion by Councilman Christensen, Resolution No.
81-78 of the Council of the City of Bakersfield ordering the
vacation of Public Utilities Easements in Lots 18-20 in Orange
Villa Tract located north of Bernard Street and west of Mount
23'2
Bakersfield, California, July 26, 1978 - Page 21
Vernon Avenue,
following roll
Ayes
Noes
Absent:
in the City of Bakersfield, was adopted by the
Council,
call vote:
Councilmen Strong,
Rogers
Barton, Christensen, Medders, Ratty,
None
Councilman Sceales
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Ratty, the meeting was
adjourned at 9:55 P.M.
IAYO o th~sfield,
MAY ~/~
Calif.
ATTEST:
ma
Bakersfield, California, August 9, 1978
233
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., August 9, 1978.
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 Barton, Christensen,
Absent:
Councilman Ratty
Minutes of the
approved as presented.
Medders,
Rogers (seated at 8:04 P.M.),
Sceales, Strong (seated at
8:05 P.M.)
Ho
regular meeting of July 26, 1978 were
of Kern County, was received and ordered
REPORTS
City Manager Bergen summarized a report from Police Chief
Price, dated August 4, 1978, regarding Status of Alarm Ordinance,
recommending that action on the ordinance be deferred for a period
of six months to allow the staff, as well as Alarm Operators, time
to evaluate the best method of obtaining an acceptable false alarm
rate.
City Attorney Hoagland submitted a report to the Council,
dated August l, 1978, regarding Meeting with City Attorneys on
for the valley portion
placed on file.
May 1, 1978, requesting a hearing on a decision of the Planning
Commission regarding signs for an existing apartment complex located
at 2601 South Real Road, was received and Wednesday, August 23,
1978 was the date set for hearing of the appeal.
Upon a motion by Councilman Sceales, communication from
Kern County Council of Governments, dated July 26, 1978, regarding
orientation session for report on the Air Quality Maintenance Plan
CORRESPONDENCE
Upon a motion by Councilman Medders, communication from
Craddock, Property Supervisor of Sesame Tree Apartments, dated
234
Bakersfield, California, August 9, 1978 - Page 2
Possible
Litigation on SB 154, as follows:
On Friday, July 28, 1978 a meeting was held in
Long Beach with City Attorneys of Costa Mesa,
Fullerton, Orange, Torrance, Rialto, Alhambra,
Garden Grove and Bakersfield.
All of the City Attorneys expressed the fact
that their City Council were incensed with the
action of the State relative to distribution
of surplus funds to local agencies. The
various Councils without exception viewed
SB 154 as an intrusion into strictly a municipal
affair and were also disturbed over the fact
that the State, as a condition of obtaining
one-time surplus funds, ordered the abrogation
of existing contracts. Each city wishes to
bring an action against the State on SB 154.
The group decided that the action should be a
joint action. The suit should be filed directly
with the Supreme Court of the State rather than
at the Superior Court level in order to save
time on any decision.
Since this would be a joint effort, the costs
would be minimal. Each entity will furnish
information necessary for the complaint, such
as existing contracts, etc. The City Attorney
of Garden Grove would coordinate the activity.
Each attorney will supply what legal input he
thinks is of value and from this a brief will
be prepared. The costs of the brief will be
shared. There would, of necessity, be further
meetings of the participating cities, but no
funds will be expended for outside attorneys.
Altogether, the cost for the City of Bakersfield
should be less than $1,000, exclusive of the
City Attorney's time. Since the stakes are so
high, the expenditure seems very reasonable;
and in fact, is considerably lower than if the
City went it alone.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 6051 to 6088 and
428 to 525, inclusive, in the amount of
$791,133.00.
(b)
Claim for Damages from Jewel Blalock, Box
193, Mountain View, Oklahoma. (Refer to
City Attorney)
(c)
Temporary Flowage Easement from Valley
View Development as required for Tract
No. 3795 "A".
(d)
Street Right-of-Way Deed from Valley View
Development for portions of Vyn Drive,
De Parsia Avenue and McCurdy Drive as
required for Tract No. 3795 "A".
Bakersfield, California, August 9, 1978 - Page 3
9,35
(e)
Planter Easement from Tenneco Realty
Development Corporation for landscaping
along Gosford Road.
(f)
Map of Tract No. 3853 "A" and Improvement
Agreement for construction of improvements
therein - located north o£ Panorama Drive
and east of Columbus Street.
(g)
Map o£ Tract No. 3853 "B" and Improvement
Agreement for construction of improvements
therein - located at Panorama Drive and
Christmas Tree Lane.
(h)
Map of Tract No. 3946 and Improvement
Agreement for construction of improve-
ments therein - located north o£ Panama
Lane and east of Stine Road.
(i)
Map of Tract No. 4079 and Improvement
Agreement for construction of improve-
ments therein - located south of Auburn
Street, south of Highland High School.
(J)
Notice o£ Completion and Acceptance of
Work for Street Improvements under Parcel
Map No. 4381 with Clarke Investment Co.,
Inc.
(k)
Notice of Completion and Acceptance o£
Work for pavement construction on portions
of South Brown Street and South WiIliams
Street - Contract No. 78-92 with Granite
Construction Company.
(1)
Application for Encroachment Permit from
Lorenzo Espinoza, 250101mo Court, for
construction of 4-foot high brick pillar
and wrought iron fence at back of side-
walk along southwest corner of Olmo Court
and Cardiff Avenue.
(m)
Request from Robert L. Clement, A.I.A.,
for abandonment o£ Public Utilities
Easement on northeast corner of Marsha
Street and South Montclair Street. (Re£er
to Planning Commission for study and
recommendation)
(n)
Request of Ronald Barger, Fire Captain,
for 90-Day Leave of Absence Without Pay
beginning August 10, 1978 and ending
November 7, 1978, or until such time as
the case is settled with the Fire Depart-
ment Retirement Board.
Upon a motion by Councilman Strong, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the
Consent Calendar, were adopted by the £ollowing roll call vote:
Ayes:
Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
236
Bakersfield, California, August 9, 1978 - Page 4
ACTION ON BIDS
Upon a motion by Councilman Rogers, low bid of Griffith
Company for construction of Fairfax Road from State Highway 178
to Auburn Street and pavement widening on State Highway 178, was
accepted, the other bid rejected, authorization was granted to
use funds for Panorama Drive project, and the Mayor was authorized
to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2426 New
Series of the Council of the City of
Bakersfield deleting Chapter 1.50
(Division of Municipal Transit) and
adding Chapter 1.50, Department of
Fire and Development Services, to
the Municipal Code of the City of
Bakersfield.
Upon a motion by Councilman Medders, Ordinance No. 2426
New Series of the Council of the City of Bakersfield deleting
Chapter 1.50 (Division of Municipal Transit) and adding Chapter
1.50, Department of Fire and Development Services, to the Municipal
Code of the City of Bakersfield, was adopted by the following roll
call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
Deferral of an Ordinance of the
Council of the City of Bakersfield
amending Sections 4.10.020, 4.10.030,
4.10.080 (a), 4.10.090 and 4.10.100
of the Municipal Code relative to
Special Elections.
After discussion, upon a motion by Councilman Strong,
Ordinance of the Council of the City of Bakersfield amending
Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100
o£ the Municipal Code relative to Special Elections, was deferred
until the Council Meeting of August 23, 1978 and the Assistant
City Clerk was requested to submit a memorandum to the Council
explaining the amendments, including copies of pertinent State
laws and Charter Sections.
Bakersfield, California, August 9, 1978 - Page 5
237
Adoption of Ordinance No. 2427 New
Series of the Council of the City of
Bakersfield amending Section 12~40.010
(b) of Chapter 12.40 (Curbs, Gutters,
Sidewalks and Driveway Approaches)
of the Municipal Code of the City of
Bakersfield.
Upon a motion by Councilman Strong, Ordinance No. 2427
New Series of the Council of the City of Bakersfield amending
Section 12.40.010 (b) of Chapter 12.40 (Curbs, Gutters~ Sidewalks
and Driveway Approaches) of the Municipal Code of the City of
Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
Adoption of Ordinance No. 2428 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 2608 Oswell Street.
The application for this amendment was made by Frank J.
Maitia, Jr. and would change subject property from a C-O-D
(Commercial and Professional Office - Architectural Design) Zone
to a C-1-D (Limited Commercial - Architectural Design) Zone.
Upon a motion by Councilman Rogers, Negative Declaration
and Ordinance No. 2428 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 2608 Oswell Street, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
238
Bakersfield, California, August 9, 1978 - Page 6
Adoption of Ordinance No. 2429 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 801 South Owens Street and
1101 Potomac Avenue.
The application for this amendment was made by Reverend
Virgil Loftis and would change subject properties from an R-2
(Limited Multiple Family Dwelling) Zone to an R-2-CH (Limited
Multiple Family Dwelling - Church) and R-2-P (Limited Multiple
Family Dwelling - Automobile Parking) Zones.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2429 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 801 South Owens Street and l101 Potomac Avenue,
finding said zonings consistent with the General Plan, were
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
Adoption of Ordinance No. 2430 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the northwest corner of Morning
Drive and College Avenue Extensions.
The application for this amendment was made by Karl T.
Stahl and would change subject properties from an R-1 (One Family
Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling -
Architectural Design), R-3-D (Limited Multiple Family Dwelling -
Architectural Design), R-S (Residential - Suburban), and C-2-D
(Commercial - Architectural Design) Zones.
Upon a motion by Councilman Rogers, Negative Declaration
and Ordinance No. 2430 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Bakersfield, California, August 9, 1978 - Page
239
Zoning of those certain properties in the City of Bakersfield
located on the northwest corner of Morning Drive and College
Avenue Extensions, finding said zonings consistent with the
General Plan, were adopted by the following roll call vote:
Ayes Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes None
Absent: Councilman Ratty
Adoption of Ordinance No. 2431 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
Annexation No. 259 (Bernard No. 4).
This ordinance zones upon annexation those certain
properties in the County of Kern located between Bernard Street
and Pico Street, on both sides of Oswell Street to an R-1 (One
Family Dwelling), C-O-D (Commercial and Professional Office
Architectural Design), R-3-D (Limited Multiple Family Dwelling -
Architectural Design), C-1-D (Limited Commercial - Architectural
Design), and PUD (Planned Unit Development) Zones.
Upon a motion by Councilman Rogers, Negative Declaration
and Ordinance No. 2431 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 Annexation No. 259 (Bernard No. 4), finding said
zonings consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
NEW BUSINESS
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 commonly known as 705
South Haley Street.
240
Bakersfield, California, August 9, 1978 - Page 8
The application for this amendment was made by Johnny
W. Brown and would change subject property from an R-2 (Limited
Multiple Family Dwelling) Zone to an R-2-P (Limited Multiple Family
Dwelling - Automobile Parking), 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 commonly known as 705 South Haley 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 that
certain property in the City of
Bakersfield located on the northeast
corner of Stine Road and Panama Lane
Intersection.
The application for this amendment was made by Jay Alvin
Wheelan and would change subject property from an R-2-D (Limited
Multiple Family Dwelling - Architectural Design) and an R-3-D
(Limited Multiple Family Dwelling - Architectural Design) Zones to
(Commercial - Architectural Design), or more restrictive
a C-2-D
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 northeast corner of Stine Road and
Panama Lane Intersection.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding property known as Stockdale
No. 10 Annexation.
This ordinance would zone upon annexation those certain
properties in the County of Kern located south of Stockdale High-
way, north of the Southern Pacific Railroad-Buttonwillow Branch
Line, generally westerly of the existing City boundary extending
to Buena Vista Road to an "A" (Agricultural) and R-2-D (Limited
241
Bakersfield, California, August 9, 1978 - Page 9
Multiple Family Dwelling - Architectural Design), 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 Stockdale No. l0 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 those
certain properties in the City of
Bakersfield located on the north side
of Auburn Street, starting approxi-
mately 600 feet west of Fairfax Road
and extending one-half mile east.
The application for this amendment was made by R. A.
Wadsworth Builder, Inc. and would change subject properties from
an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple
Family Dwelling - Architectural Design), R-3-D (Limited Multiple
Family Dwelling - Architectural Design), and C-1-D (Limited
Commercial - Architectural Design), or more restrictive Zones.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the City
of Bakersfield located on the north side of Auburn Street, starting
approximately 600 feet west of Fairfax Road and extending one-half
mile east.
Adoption of Resolution No. 82-78 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for detachment of territory
from the Arvin Public Cemetery
District, identified as a portion of
Annexation No. 248 (Municipal Farm
No. 3).
This resolution initiates proceedings for the detachment
of territory within the Arvin Public Cemetery District, which has
been annexed to the City in connection with the Municipal Farm No.
3 Annexation.
242
Bakersfield, California, August 9, 1978 - Page l0
Upon a motion by Councilman Rogers, Resolution No. 82-78
of Application of the Council of the City of Bakersfield proposing
proceedings for detachment of territory from the Arvin Public
Cemetery District, identified as a portion of Annexation No. 248
(Municipal ~arm No. 3), was adopted by the following roll call vote:
Ayes Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes None
Absent: Councilman Ratty
Adoption of Resolution No. 83-78 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for detachment of territory
from the Kern Delta Water District,
identified as a portion of Annexation
No. 248 (Municipal Farm No. 3).
This resolution initiates proceedings for the detachment
the Kern Delta Water District, which has been
in connection with the Municipal Farm No. 3
of territory within
annexed to the City
Annexation.
Upon a motion by Councilman Rogers,
of Application of the Council of the City of
Resolution No. 83-78
Bakersfield proposing
proceedings for detachment of territory from the Kern Delta Water
District, identified as a portion of Annexation No. 248 (Municipal
Farm No.
Ayes
Noes
Absent:
3), was adopted by the following roll call vote:
Councilmen Barton, Christensen, Medders, Rogers,
Strong
None
Councilman Ratty
Adoption of Resolution No. 84-78 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for detachment of territory
from the Bear Mountain Recreation
and Park District, identified as a
portion of Annexation No. 248
(Municipal Farm No. 3).
Seeales,
which has been annexed to the City in connection with the Municipal
Farm No. 3 Annexation.
of territory within the Bear Mountain Recreation and Park District,
This resolution initiates proceedings for the detachment
Bakersfield, California, August 9, 1978 - Page ll
243
Upon a motion by Councilman Rogers, Resolution No. 84-78
of Application of the Council of the City of Bakersfield proposing
proceedings for detachment of territory from the Bear Mountain
Recreation and Park District, identified as a portion of Annexation
No. 248 (Municipal Farm No. 3), was adopted by the following roll
call vote:
Ayes:
Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
Adoption of Resolution No. 85-78 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. 273 (Union
Avenue No. 9).
The proposed inhabited annexation consists of 183.7 acres
of land located adjacent to both sides of Union Avenue between
Chester Avenue and Pacheco Road. The Planning Commission approved
boundaries August 2, 1978.
Upon a motion by Councilman Barton, Resolution No. 85-78
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. 273 (Union Avenue No. 9), was adopted
and referred to the Public Works Department for filing with LAFCO
by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
Adoption of Resolution No. 86-78 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. 274 (Rancheria
No. 1).
The proposed uninhabited annexation consists of 169.7
acres of land located north of the Kern River on the west side of
244
Bakersfield, California, August 9, 1978 - Page 12
Rancheria Road. The Planning Commission approved the boundaries
August 2, 1978.
Upon a motion by Councilman Rogers, Resolution No. 86-78
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. 274 (Rancheria No. 1), was adopted
and referred to the Public Works Department for filing with LAFCO
by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong
Noes: Councilman Barton
Absent: Councilman Ratty
Abstaining: Councilman Christensen
Adoption of Resolution No. 87-78 of
the Council 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 Saunders,
Beale, Jefferson, California Avenue,
Grissom and Lowell Parks.
This resolution is necessary in order to apply for these
State Grant funds. The projects were approved by the Council in
the Capital Improvement Program for 1978-79.
Upon a motion by Councilman Medders, Resolution No. 87-78
of the Council of the City of Bakersfield approving the Block Grant
Application for Grant Funds under the Urban Open-Space and
Recreation Program for improvements at Saunders, Beale, Jefferson,
California Avenue, Grissom and Lowell Parks, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
Adoption of Resolution No. 88-78 of
Intention to approve an amendment to
Contract between the Board of
Administration of the Public Employees'
Retirement System and the City Council
of the City of Bakersfield.
Bakersfield, California, August 9, 1978 - Page 13
245
This is the first step in
contract to provide for the cost of
who retired prior to January, 1974.
by the Council.
the proceeding to amend the
living increase to retirees
This was approved and ordered
Upon a motion by Councilman Medders, Resolution No. 88-78
of Intention to approve an amendment to Contract between the Board
of Administration of the Public Employees' Retirement System and
the City Council of the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales,
Strong
Noes: None
Absent: Councilman Ratty
Approval of Water Enterprise Budgets,
Agricultural and Domestic, for Fiscal
Year 1978-79.
The preparation and adoption of a comprehensive budget
is essential for good financial management, however, it should be
recognized that the same degree of rigid budgetary control cannot
be expected to be exercised in an enterprise operation. An enter-
prise is a self-supporting operation of a commercial nature. Its
revenues and expenses will vary with the level of service, and in
this case with the supply of water available, and if rigidly
controlled may delay necessary expansion or emergency repairs or
impede satisfactory performance. As a result, it may become
necessary during the fiscal year for the Water Board to take actions
which may alter these estimates.
The Water Board has reviewed the alternate financial
plans for a dry year, normal year and wet year and based on current
long-range forecasts recommends the approval of the plan for a
normal year.
Upon a motion by Councilman Rogers, Water Enterprise
Budgets, Agricultural and Domestic, for a normal year, for Fiscal
Year 1978-79, were approved.
246
Bakersfield, California, August 9, 1978 - Page 14
Approval of retaining Elmer Fox,
Westheimer & Co. to audit 1977-78
Community Development Block Grant
Funds.
The regulations for Community Development Block Grant
Funds require an audit be performed. The City's outside auditors,
Elmer Fox, Westheimer & Co., have indicated they will perform this
audit for a fee of $1,250. Payment for the audit will be made
from Community Development Block Grant Funds.
Upon a motion by Councilman Sceales, retention of Elmer
Fox, Westheimer & Co., for audit of 1977-78 Community Development
Block Grant Funds, was approved.
Authorization granted to Purchasing
Division of the Finance Department
to enter into Discount Agreements
with 17 local vendors for miscella-
neous supplies.
Discount agreements are informal miscellaneous supply
contracts that the Purchasing Division has prenegotiated prices
on for supplies of a nature that do not lend themselves to other
purchasing programs. Minor cost auto parts and building supplies
are examples of the type of items appearing on discount agreements.
Upon a motion by Councilman Medders, authorization was
granted to the Purchasing Division of the Finance Department to
enter into Discount Agreements with 17 local vendors for miscella-
neous supplies.
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Lawton Powers to the decSsion of the
Board of Zoning Adjustment regarding his application for a Condi-
tional Use Permit in a C-2 (Commercial) and C-2-D (Commercial -
Architectural Design) Zones, to permit the construction, operation
and maintenance of an Amusement Park for Scaled Down Formula 1
Cars on that certain property located northeast of Wible Road and
White Lane.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Bakersfield, California, August 9, 1978 - Page 15
247
The Board of Zoning Adjustment was of the opinion the
proposed use would not be compatible with other uses in the area,
and accordingly denied the application.
Councilman Sceales stated that due to a real or imaginary
conflict of interest he would not participate in this matter.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Steve Eyherabide, Attorney representing thirteen
investors in a 1.5 million dollar apartment complex directly across
the street from the proposed amusement park, stated that they oppose
this facility due to the noise factor, and he also referred to a
letter from the Kern County Health Department, dated August 1, 1978,
recommending that it be denied because of the noise factor.
Mr. Dennis Ryan, investor in a development being con-
structed within 400 feet of the proposed amusement park, opposed
the project because of the noise factor.
Mr. Lucian Amos, owner of three residential properties
in the area, opposed the project because of the noise factor and
the possibility of traffic increasing in the general area.
Mr. Rick Dent, representing Malibu Grand Prix a subsidiary
of Warner Cable Television, presented pictures of a Scaled Down
Formula 1 Car and their operations in other cities.
Mayor Hart stated that due to a definite conflict of
interest he would not participate in this matter and yielded the
chair to Vice-Mayor Medders.
Mr. Dent then went on to explain their operation in
detail and stated that they meet all the Federal EPA requirements
for emissions and noise, and have received from every City in
California, in which they have an amusement park, a Negative
Declaration stating that these facilities have no major impact on
the environment with respect to noise or traffic.
Bakersfield, California, August 9, 1978 - Page 16
Councilman Strong suggested that Mr. Dent demonstrate
one of the cars to the Council and people who are objecting and
then come back to the Council for a decision.
Mr. Dent stated that the cars must be driven on a special
track and offered to arrange for Council members and property
owners surrounding the proposed facility to attend a demonstration
at one of their facilities.
Mr. Lawton Powers, applicant for the Conditional Use
Permit, briefly outlined the proposed facility, pointed out the
type of development on surrounding properties and stated that the
people he talked to were generally concerned with the noise level.
He requested that the Council grant the permit so the property can
be developed. Mr. Powers also stated that he would be happy to
take a representative of the Council and property owners through
their plant and one of the tracks to observe it in operation.
Councilman Rogers suggested that Mr. Powers or Mr. Dent
make a sound movie of one of their facilities and show it to the
Council and property owners at a future Council Meeting.
Councilman Strong stated, for the record, he does not
object to the project, but he would hesitate to vote on it to-
night because most of the people who spoke in opposition do not
know enough about it, at this time, to justify their opposition.
It might be appropriate to defer this matter in order to give the
opposition a chance to become familiar with the project.
Colleen Ryan, investor in duplexes across the street,
spoke in opposition to the project and requested time to notify
their investors so they could verbalize their opposition as well
as attend a demonstration of the facility.
Mr. Victor Luey, representing his parents who own the
property next to the proposed project, stated that they are not
for or against the project and questioned the safety factor of
the cars.
Bakersfield, California, August 9, 1978 - Page 17
249
No further protests or objections being received and no
one else wishing to speak in favor, Vice-Mayor Medders closed the
public portion of the hearing for Council deliberation and action.
After discussion, upon a motion by Councilman Rogers,
public hearing before the Council on an Appeal by Lawton Powers to
the decision of the Board of Zoning Adjustment regarding his appli-
cation for a Conditional Use Permit in a C-2 (Commercial) and C-2-D
(Commercial - Architectural Design) Zones, to permit the construction,
operation and maintenance of an Amusement Park for Scaled Down
Formula 1 Cars on that certain property located northeast of Wible
Road and White Lane Intersection, was continued until the Council
Meeting of September 20, 1978 in order to allow both sides time to
resolve some of the issues brought up tonight.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Rogers, the meeting was
adjourned at 9:30 P.M.
AYO~~the C:'~ ~ '
M e 1 y o Bakersfield,
Calif.
ATTEST:
CITY CL and Clerk of the Council
o£ the City of Bakersfield, California
ma
250
Bakers£ield, California, August 23, 1978
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., August 23, 1978.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. Larry Flood
member of the High Council of the Church of Jesus Christ
Day Saints.
of Latter-.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Christensen, Medders, Ratty,
Rogers, Sceales, Barton
Absent: Councilman Strong
Minutes of the regular meeting of August 9, 1978 were
approved as presented.
COUNCIL STATEMENTS
Councilman Rogers announced, for the benefit of people
in the audience, that the item under New Business denying appli-
cation of John Giumarra, Jr. for a zone change is not an appeal
and the developer plans to submit an application for a Planned
Unit Development at a later date.
Upon a motion by Councilman Ratty, petition signed by
approximately 125 people requesting the installation of a tra£fic
signal at the intersection of 21st Street and Oak Street, was
received and referred to the Traffic Engineer for study and
recommendation.
City Manager Bergen stated that a letter has been received
from the League of California Cities requesting the City Council
to appoint a voting representative and alternate for the Annual
Conference, and this will be placed on the agenda for the next
Council Meeting.
REPORTS
Mr. Robert Coop, Robert Coop Associates, highlighted
the Overview Study of the Police Department and presented copies
to the Council to study and make a determination whether a more
Bakersfield, California, August 23, 1978 - Page 2
251
indepth study is warranted. Mr. Coop answered questioned o£ the
Council and stated that the following areas offer potential for
improvement of the effectiveness of the Police Department:
1. Training.
2. Department Organization and Deployment.
3. Personnel Administration.
4. Public Image and Community Relations.
5. Measurement of Department Effectiveness.
Mr. Coop recommended an indepth study of the five areas
either by an agency or individual outside the City government or
by a task force from within the City administration with manpower
and financing to permit concentrated study, although an outside
study can focus more objectively and more quickly on the issues.
City Attorney Hoagland stated the City of Bakersfield
has joined with the cities of Garden Grove and Torrance in a law-
suit on SB 154 that has been filed in the Supreme Court. As the
Council will recall the City is not eligible for any of the State
surplus money that is being distributed due to the fact that a pay
increase was granted to employees and existing contracts were not
declared null and void. Mr. Hoagland stated, following the lead
of other cities, that he would request authorization to make a
demand on the State Controller for the City of Bakersfield's pro-
portionate share of the surplus funds.
Upon a motion by Councilman Medders, City Attorney
Hoagland was granted authorization to make a demand on the State
Controller for the City of Bakersfield's proportionate share of
the State surplus funds that are being distributed to other cities
in California under the provisions of SB 154, by the following roll
call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
252
Bakersfield, California, August 23, 1978 - Page 3
The
(a)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 526 to 871,
inclusive, in the amount of $2,766,012.63.
(b) Claim for Damages from Richard R. Bottorff,
42872 - 48th Street, Quartz Hills, Cali-
fornia. (Refer to City Attorney)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
Flowage and Access Easement from Regional
Mortgage Company as required for Tract No.
3946.
Planter Easement from Tenneco Realty
Development Corporation providing for
planter easements along Gosford Road
north of Ming Avenue in Tract No. 4011.
Improvement Agreement from Casa Linda,
Inc. for an off-site water main in Stine
Road to serve Tract No. 3827 southeast
of Stine and Harris Roads.
Map of Tract No. 3916 and Improvement
Agreement for construction of improve-
ments therein - located northeast of
Auburn Street and Fairfax Road.
Map of Tract No. 3933 "A" and "B" and
Improvement Agreement for construction
of improvements therein - located north
of Highland High School.
Notice of Completion and Acceptance of
Work for street improvements under Tract
No. 3800 - Contract No. 77-108 with
Challenge Builders, Inc.
Application for Encroachment Permit from
Jack W. Coy, 1915 "F" Street, Bakersfield,
for installation of a barber pole, the
botton of which is 7'6" above sidewalk,
extending approximately 10" into right-
of-way at 1915 "F" Street.
Plans and Specifications for pavement
improvements on Ming Avenue and Gosford
Road.
Request from Watson Company for abandon-
ment of a portion of Lake Ming Road south
of Alfred Harrell Highway. (Refer to
Planning Commission for study and recom-
mendation)
Request from Eddy, Paynter, Renfro and
Associates, on behalf of Oakwood Manor,
Inc., Los Alamitos, California, for
Amendment to the General Plan for pro-
posed 16-acre shopping center at the
southeast corner of Planz and Stine
Roads. (Refer to Planning Commission
for study and recommendation)
Bakersfield, California, August 23, 1978 - Page 4
253
(m)
Resolution of Intention No. 935 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a Public Utilities Ease-
ment located north of Marsha Street and
west of South Montclair, in the City of
Bakersfield, and setting Wednesday,
September 20, 1978 for hearing on the
matter before the Council.
(n)
Resolution of Intention No. 936 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of Alleys in Blocks 351 and
352 between "M" and "K" Streets, in the
City of Bakersfield, and setting Wednes-
day, September 20, 1978 for hearing on
the matter before the Council.
Upon a motion by Councilman Ratty, 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 Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
ACTION ON BIDS
Upon a motion by Councilman Sceales, bid of Granite
Construction Company on Base Bid and Alternate 1 for construction
of Storm Drains in Chadbourne Street, Hughes Lane and White Lane,
was accepted and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, low bid o£ Tejon
Vangas for Annual Contract for Propane, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Sceales, bid of Jim Alfter
for Annual Contract No. 11879 for Curbs, Gutters and Sidewalks,
was accepted and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, property consisting
of 1.8 acres on City Sewer Farm located north of Bear Mountain
Boulevard and two miles east of Cottonwood Road, was declared
surplus, bid of Livio Pall~ in the amount of $2,700.00, was accepted
and the Mayor was authorized to execute the Quit Claim Deed.
254
Bakersfield, Cali£ornia, August 23, 1978 - Page 5
Upon a motion by Councilman Ratty, low bid of Charles H.
Miller on Base Bid and Alternates 1 and 2 for installation of
improvements to the Corporation Yard Facility (fuel island, vehicle
wash facility and additional equipment), was accepted, bid on
Alternate 3 and all other bids were rejected, the Mayor was
authorized to execute the contract, and authorization was granted
for use of funds in the amount of $20,000.00 from the Northwest
Bakersfield Drainage Plan.
After discussion, upon a motion by Councilman Medders,
low bid of Clow Corporation for Fire Hydrants and Accessories, was
accepted, the other bid rejected and authorization was granted to
purchase additional hydrants and accessories in the amount of
$13,900.00.
Mr. Burdell Dickinson, local subdivider, requested that
subdividers be allowed to purchase hydrants directly from dealers,
to City specifications, rather than through the City because he
feels they can obtain them at a lower price.
Fire and Development Services Director Needham stated
the price set for hydrants, at this point in time, is more or less
like a deposit. The amount paid is equivalent to approximately
the highest combination of a hydrant, bury, bolts, gaskets, spool,
etc., and it is installed. The developer is then reimbursed the
amount that was above the actual cost. It is an assurance that
supply the needed materials and exchange whatever
the City will
necessary.
DEFERRED BUSINESS
Adoption of Ordinance No. 2432 New
Series of the Council of the City
of Bakersfield amending Sections
4.10.020, 4.10.030, 4.10.080 (a),
4.10.090 and 4.10.100 of the Munici-
pal Code relative to Special
Elections.
Upon a motion by Councilman Ratty, Ordinance No. 2432
New Series of the Council of the City of Bakersfield amending
Bakersfield, California, August 23, 1978 - Page 6
255
Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100
of the Municipal Code relative to Special Elections, was adopted
by the following roll call vote
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2433 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 705 South Haley Street.
The application for this amendment was made by Johnny W.
Brown and would change subject property from an R-2 (Limited
Multiple Family Dwelling) Zone to an R-2-P (Limited Multiple Family
Dwelling - Automobile Parking) Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2433 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 705 South Haley Street, finding said zoning consistent
with the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2434 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the north side of Auburn Street,
starting approximately 600 feet west
of Fairfax Road and extending one-
half mile east.
The application for this amendment was made by R. A.
Wadsworth Builder, Inc. and would change subject properties from
an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple
256
Bakersfield, California, August 23, 1978 - Page 7
Family Dwelling - Architectural Design), R-3-D (Limited Multiple
Family Dwelling - Architectural Design) and C-1-D (Limited Com-
mercial - Architectural Design) Zones.
Upon a motion by Councilman Rogers, Negative Declaration
and Ordinance No. 2434 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
located on the north side of Auburn Street, starting approximately
600 feet west of Fairfax Road and extending one-half mile east,
finding said zonings consistent with the General Plan, were adopted
by the following roll call
Ayes:
vote:
Councilmen Christensen, Medders,
Barton
Noes:
Absent:
None
Ratty, Rogers, Sceales,
Councilman Strong
Adoption of Ordinance No. 2435 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 northeast corner of Stine Road
and Panama Lane Intersection.
The application for this amendment was made by Jay Alvin
Wheelan
Multiple Family Dwelling - Architectural Design)
Multiple Family Dwelling - Architectural Design)
(Commercial - Architectural Design) Zone.
and would change subject property from an R-2-D (Limited
and R-3-D (Limited
Zones to a C-2-D
Upon a motion by Councilman Sceales, Negative Declaration
and Ordinance No. 2435 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 northeast corner of Stine Road and Panama Lane Intersection,
finding said zoning consistent with the General Plan, were adopted
by the
Ayes:
Noes:
Absent:
following roll call vote:
Councilmen Christensen, Medders,
Barton
None
Councilman Strong
Ratty,
Rogers, Sceales,
Bakersfield, California, August 23, 1978 - Page 8
257
Adoption of Ordinance No. 2436 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 Stockdale No. 10
Annexation.
This ordinance zones upon annexation those certain
properties in the County of Kern located south of Stockdale Highway,
north of the Southern Pacific Railroad-Buttonwillow Branch Line,
generally westerly of the existing City boundary extending to Buena
Vista Road to an "A" (Agricultural) and an R-2-D (Limited Multiple
Family Dwelling - Architectural Design) Zone.
Upon a motion by Councilman Sceales, Negative Declaration
and Ordinance No. 2436 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield, regarding property known as
Stockdale No. 10 Annexation, finding said zonings consistent with
the General Plan, were adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
NEW BUSINESS
First reading o£ an Ordinance of the
Council of the City of Bakersfield
amending Section 7.66.090 (d) of
Chapter 7.66 (Towing of Vehicles) of
the Municipal Code of the City of
Bakersfield.
The present Tow Truck Ordinance permits only those winches
operated off the power train. This change would permit the use of,
and provide minimum standards for, electrically driven winches.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 7.66.090 (d) of
Chapter 7.66 (Towing of Vehicles) of the Municipal Code of the City
of Bakersfield.
258
Bakersfield, California, August 23, 1978 - Page 9
First reading of an Ordinance of the
Council o£ the City of Bakersfield
amending the Bakersfield Municipal
Code by repealing Chapter 8.64 and
substituting in lieu thereof a new
Chapter 8.64, regulating Sewer Con-
struction, Sewer Use and Industrial
Wastewater Discharges.
This ordinance sets requirements for construction, use
and wastewater discharge for sewers within the City of Bakersfield.
It also provides the Council with the authority to establish Sewer
Use Charges by resolution. The Sewer Use Ordinance and Sewer Use
Charges are a condition of the Federal and State Clean Water Grant
for expansion of Wastewater Treatment Plant No. 2.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Bakersfield Munici-
pal Code by repealing Chapter 8.64 and substituting in lieu thereof
a new Chapter 8.64, regulating Sewer Construction, Sewer Use and
Industrial Wastewater Discharges.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 2619
Agate Street.
The application for this amendment was made by Mrs.
Lucille Mason 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 that certain property in the City of
Bakersfield commonly known as 2619 Agate Street.
Adoption of Zoning Resolution No.
263 Denying Application of John
Giumarra, Jr. to amend Title Seven-
teen of the Bakersfield Municipal
Code by changing the Land Use Zoning
of that certain property in the City
of Bakersfield located on the east
side of La Costa Drive and south of
University Avenue.
Bakersfield, California, August 23, 1978 - Page l0
259
The proposed amendment would change the zoning from an
R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family
Dwelling - Architectural Design) Zone.
The Planning Commission was of the opinion the R-2-D
zoning of subject properties would not be compatible with the R-1
developed properties in the area, and accordingly, recommended
denial.
Upon a motion by Councilman Rogers, Zoning Resolution No.
263 Denying Application of John Giumarra, Jr. to amend Title Seven-
teen of the Bakersfield Municipal Code by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the east side of La Costa Drive and south of University Avenue,
was adopted by the following roll call vote:
Medders, Ratty, Rogers, Sceales,
Councilmen Christensen,
Barton
Ayes:
Noes:
Absent:
None
Councilman Strong
Adoption of Resolution No. 89-78 o£
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield, identi-
fied as Island Annexation No. 275
(Harris No. 3).
This proposed "Island Annexation" consists of 62.6 acres
of inhabited land and is located north and south of Harris Road
midway between Stine Road and Wible Road. The Planning Commission
approved the boundaries August 2, 1978.
Upon a motion by Councilman Sceales, Resolution No. 89-78
of Application of the Council of the City of Bakersfield proposing
proceedings for annexation of territory to the City of Bakersfield,
identified as Island Annexation No. 275 (Harris No. 3), was adopted
and referred to the Public Works Department for filing with LAFCO
by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Bakersfield, California, August 23, 1978 - Page 11
August 9,
amendment
Readoption of Resolution No. 88-78
of Intention to approve an amendment
to Contract between the Board of
Administration of the Public Employees'
Retirement System and the City Council
of the City of Bakersfield.
This resolution was adopted at the Council Meeting of
1978, however, it is required that the cost of this
be published in the minutes as follows:
Miscellaneous Rate increased to 13.057% from
12.825% (.232) increase to year 2000.
Safety Rate increased to 18.211% from 17.817%
(.394) increase to year 2000.
Total annual cost is $40,000.00.
Upon a motion by Councilman Medders,
Resolution No. 88-78
of Intention to approve an amendment to Contract between the Board
of Administration of the Public Employees' Retirement System and
the City Council of the City of Bakersfield, was readopted by the
following roll call vote:
Ayes: Councilmen Christensen,
Barton
Noes:
Absent:
Medders, Ratty, Rogers, Sceales,
None
Councilman Strong
Adoption of Resolution No. 90-78 of
the Council of the City of Bakers-
field amending and redesignating a
Downtown Redevelopment Survey Area
to include additional area.
This resolution is the first step required by Community
Redevelopment Law to expand the redevelopment boundaries for the
proposed redevelopment project. The resolution provides for the
City Planning Commission to study the feasibility of expanding the
existing redevelopment boundaries. The Planning Commission recom-
mendations will then be forwarded to the Redevelopment Agency and
back to the Council at a later date.
Councilman Rogers asked the status of Mr. Boynton's and
Mr. Brady's request to have their property removed from the
Redevelopment area.
Bakersfield, California, August 23, 1978 - Page 12
2',61
City Manager Bergen stated it is his understanding that
Eugene Jacobs, Consulting Attorney, contacted the property owners who
indicated a definite interest or concern about being removed from
the area. The Redevelopment Agency has not had a meeting since
the Council Meeting of July 26th and the Council request will be
on their next agenda. Mr. Bergen stated he talked to Reverend
Cottriel personally and he indicated that the urgency expressed
to the Council at that meeting no longer exists because they have
leased the property and he was not concerned about removal from
the area. It was pointed out to Reverend Cottriel that if there
was an urgency the staff would recommend special meetings or what-
ever is necessary.
Councilman Christensen stated he specifically remembers
asking Mr. Jacobs how long it would take to get this divorce. Mr.
Jacobs indicated it could be two weeks or ninety days depending on
the route that was taken. There was two points; (1) removing the
right of Eminent Domain, and (2) getting completely out of the
Redevelopment territory.
City Manager Bergen stated Councilman Christensen was
correct. The two items were discussed and they are different. The
statement was made by Mr. Jacobs that if there was an urgency about
removing the threat of condemnation it could be done in about two
weeks with a special agreement. Mr. Brady indicated he wanted
completely out of the area. The two things would probably be
treated differently by the Redevelopment Agency, or at least they
would be as far as the City Manager's recommendations are concerned.
The complete removal of property causes more problems and requires
more time than the agreement to remove the threat of condemnation.
Councilman Medders stated that it is his opinion that it
would be up to the Redevelopment Agency as to who is going to get
out.
After discussion, upon a motion by Councilman Ratty,
Resolution No. 90-78 of the Council of the City of Bakersfield
262
Bakersfield, California, August 23, 1978 - Page 13
amending and redesignating a Downtown Redevelopment Survey Area
to include additional area, was adopted by the following roll call
vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Adoption of Resolution No. 91-78 of
the Council of the City of Bakers-
field initiating proceedings for
annexation and ordering the terri-
tory designated as Proceeding No.
573, Annexation No. 243 (Stockdale
No. 10) annexed to the City of
Bakersfield and confirming the
exercise of the City's option of
not succeeding to Williamson Act
Land Use Contract.
This resolution orders the annexation of territory known
as Stockdale No. 10 to the City of Bakersfield (100% consent).
Upon a motion by Councilman Sceales, Resolution No. 91-78
of the Council of the City of Bakersfield initiating proceedings
for annexation and ordering the territory designated as Proceeding
No. 573, Annexation 243 (Stockdale No. 10) annexed to the City of
Bakersfield and confirming the exercise of the City's option of
not succeeding to Williamson Act Land Use Contract, was adopted by
the following roll call vote:
Ayes:
Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Adoption of Resolution No. 92-78 ex-
tending time within which to pay
Cancellation Fee under Williamson
Act--Costerisan Brothers.
The Costerisan Brothers have requested an extension of
time to pay the Cancellation Fee under the Williamson Act. This
resolution would extend the time to and including December 15,
1978.
Upon a motion by Councilman Ratty, Resolution No. 92-78
extending time within which to pay Cancellation Fee under Williamson
Bakersfield, California, August 23, 1978 - Page 14
263
Act--Costerisan Brothers, was adopted by the following roll call
Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Approval of Contract between the City
of Bakersfield and the Greater Bakers-
field Chamber of Commerce providing for
the operation of a Convention Bureau.
Upon a motion by Councilman Medders, Contract between
the City of Bakersfield and the Greater Bakersfield Chamber of
Commerce providing for the operation of a Convention Bureau, was
approved and the Mayor was authorized to execute same.
Approval of Contract between the City
of Bakersfield and the Greater Bakers-
field Chamber of Commerce for the
service of Advertising the City and
promoting the Industrial Development
of the City.
Upon a motion by Councilman Ratty, Contract between the
City of Bakersfield and the Greater Bakersfield Chamber of Commerce
for the service of Advertising the City and promoting the Industrial
Development of the City, was approved and the Mayor was authorized
to execute same.
Approval of Agreement with Horace W.
Clark for administration of School
Crossing-Guard Program for the 1978-
79 School Year.
This is the annual renewal of the contract for School
Crossing Guards for the 1978-79 Fiscal Year. The contract this
year is for $71,000.00. Amount budgeted was $68,715.00. The
increase is due to an increase as of January l, 1978, in the
Federal Minimum Wage from $2.65 to $2.90 per hour, which was un-
anticipated at the time of our budget.
Upon a motion by Councilman Medders, Agreement with
Horace W. Clark for administration of School Crossing-Guard Program
for the 1978-79 School Year, was approved, the Mayor was authorized
vote:
Ayes:
264
Bakersfield, California, August 23, 1978 - Page 15
to execute same and budget transfer in the amount of $2,285.00
from the Contingency Fund for the additional amount was approved.
HEAR I NGS
This is the time set for hearing before the Council on
an Appeal by H. Craddock, Property Supervisor of Sesame Tree Apart-
ments, regarding signs for an existing apartment complex in an
R-3-D (Limited Multipl~ Family Dwelling - Architectural Design)
Zone on that certain property commonly known as 2601 South Real Road.
The Planning Commission approved one 4 x 8-foot wall
"Identification Sign" and one pole "For Rent" sign, but denied
three 4 x 3-foot 6 inch wall logo signs on the apartment complex.
The logo signs are an abstract tree design with no message.
The Planning Commission denied the logo signs as they
were not within the standards set forth in the Sign Ordinance
covering signs in an R-3 zone.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received and no one wishing
to speak in favor, the public portion of the hearing was closed
for Council deliberation and action.
Upon a motion by Councilman Sceales, the Planning Com-
mission's denial of a request from H. Craddock, Property Supervisor
of Sesame Tree Apartments, for three 4 x 3-foot 6 inch wall logo
signs on the apartment complex located at 2601 South Real Road, was
upheld.
RECESS
There being no further business to come before the
Council, the meeting was recessed at 9:45 P.M.,~il Wednesday,
August 30, 1978, at 12 Noon. ~~ / ~
ATTEST: ~
oC fI TrY e~C~iRiyao~ fd ~~~ei~d ,Cl~i~of r nt ihae Council
ma
Bakersfield, California, August 30, 1978
265
Minutes of a recessed meeting o£ the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 12:00 Noon, August 30, 1978.
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 Christensen, Medders, Ratty,
Rogers, Sceales, Barton
Absent: Councilman Strong
REPORTS
Upon a motion by Councilman Barton, Overview Study of
the Police Department by Robert Coop Associates presented to the
Council at the meeting of August 23, 1978, was received, ordered
placed on file and referred to the Governmental Efficiency and
Personnel Committee for report back to the Council.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 8-78 regarding 1978-79 Budget
Adjustments, Reserves and Bond Tax Rate, as follows:
Budget Adjustments
In its report to the Council during budget
hearings, this Committee indicated a request
had been made by the private refuse contractors
for a 20% rate increase. These collectors have
not had an increase in two years and based on
the information submitted, the Public Works
Director feels an increase is justified. How-
ever, a further evaluation is necessary to
determine what percent is appropriate. This
Committee would recommend funds in the amount
of $75,000 be appropriated, but not expended,
pending further evaluation and recommendation
by Public Works and approval by the Council.
In addition, the Council had also approved a
false alarm charge and instituted a new policy
of requiring developers to pay for fire hydrants.
A report from the Police Chief was recently
received by the Council in which the Chief
indicated he would delay implementation of this
charge for a period of six months and attempt
to work out these problems under the City's
current ordinance. As a result, there probably
will not be any revenue ($50,000 estimated)
derived from this source during the current
fiscal year.
266
Bakersfield, California, August 30, 1978 - Page 2
Subsequent to the adoption of the change in
policy relating to fire hydrants, it was deter-
mined that legally the City could not charge
developers for fire hydrants if their tentative
tract maps had been approved by the Planning
Commission prior to July 1, 1978. A review of
these maps indicated that the City had committed
523 fire hydrants which exceeds the number
budgeted for the fiscal year by 93. This
amount in excess of budget resulted from the
activity which occurred between the time of
submission of budgets and budget hearings. In
addition, it is now contemplated an additional
65 fire hydrants beyond the 523 will be needed
this year to meet the development activity
within the City. The above results in the
following:
(i)
The City has an unfunded liability for 93
fire hydrants and insufficient funds
budgeted to meet development requirements.
(2)
The estimated revenue of $160,800 currently
in the budget for the sale of fire hydrants
will not materialize.
This Committee feels the Council should continue
the sound financial policies it has followed in
the past and recognize this liability by appro-
priating additional funds to purchase the 93
fire hydrants for which they are committed and
also budget for the 65 needed to meet current
development needs, a total cost of $60,000.
The cost of the additional 65 fire hydrants
approximately $24,000 will be reimbursed to
the City as they will be sold to developers.
The net funding requirement as a result of these
budget adjustments approximates $325,000. Funds
are available to meet this need from the com-
bination of savings from the results of meet
and confer sessions and the City Manager's
reduction of his recommendation for new positions.
RESERVES
Subsequent to the adoption of the budget in June,
the State enacted Senate Bill 154. This bill
provided for the year 1978-79 a method of
property tax distribution which is entirely
different than what has existed in the past.
The law requires the County to inform the City
by September l, the amount of the City's share.
As a result of this new distribution method,
preliminary indications are that our distribu-
tion will be higher than was originally estimated.
It would be this Committee's recommendation
therefore, that if this should occur:
(1)
A reserve in the amount of $155,000 be
established to fund the second year of the
Police Unit's two-year contract, consistent
with the prior Council policy in connection
with agreements of this type.
Bakersfield, California, August 30, 1978 - Page 3
267
(2)
The cash basis reserve be adjusted to
reflect the 1978-79 property tax distribu-
tion.
(3)
If there are any funds available in excess
of budget and reserve requirements, they
should be set aside to assist in the
financing of the 1979-80 fiscal year
budget.
BOND TAX RATES
As the Council may recall, Proposition 13 ex-
cluded existing bonded indebtedness from the
$4.00 maximum tax rate. Therefore, the City
may levy a tax rate for this purpose. Proposi-
tion 13 also required all property to be
assessed at the 1975-76 value and then increased
by a maximum of 2% a year. New construction
and resales since 1975-76 would be valued at
the market value. However, the City of Bakers-
field has not been reassessed since 1972-73 and
the City's increased assessed valuation since
that year has come only from annexations and
new construction. As a result, the reassessment
of property within the City in accordance with
Proposition 13 has resulted in a total assessed
valuation for 1978-79 of $439,427,774 or a 56.6%
increase over 1977-78. This increase results
in a bond tax rate of approximately $ .12½ per
$100 assessed valuation in comparison to an
approximate $ .21 for 1977-78. It should be
noted that 1978-79 represents the final payment
on the 1959 Civic Auditorium bonds.
Councilman Medders made a motion that Report No. 8-78
from Budget Review and Finance Committee regarding Budget Adjust-
ments, Reserves and Bond Tax Rate, be accepted; and recommendations
as outlined in the report, be approved.
Councilman Christensen was unable to attend the Budget
Review and Finance Committee meeting and questioned several items
in the report.
After discussion, upon a motion by Councilman Medders
Report No. 8-78 from Budget Review and Finance Committee regarding
Budget Adjustments, Reserves and Bond Tax Rate, was accepted; and
recommendations as outlined in the report, was approved.
Adoption of Ordinance No. 2437 New
Series levying upon the assessed
valuation of the taxable property
in the City of Bakersfield, except
that area known as the Rio Bravo
Annexation, a rate of taxation upon
each one hundred dollars of valuation
for the Fiscal Year beginning July l,
1978, and ending June 30, 1979.
268
Bakersfield, California, August 30, 1978 - Page 4
Upon a motion by Councilman Medders, Ordinance No. 2437
New Series levying upon the assessed valuation of the taxable
property in the City of Bakersfield, except that area known as the
Rio Bravo Annexation, a rate of taxation upon each one hundred
dollars of valuation for the Fiscal Year beginning July 1, 1978,
and ending June 30, 1979, was adopted by the following roll call
vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
NEW BUSINESS
Adoption of Resolution No. 93-78 of
the Council o£ the City o£ Bakers-
£ield providing for the collection
of Refuse Charges by the County Tax
Collector.
Upon a motion by Councilman Medders, Resolution No. 93-78
of the Council of the City of Bakersfield providing for the collec-
tion of Refuse Charges by the County Tax Collector, was adopted by
the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Barton
Noes: Councilman Christensen
Absent: Councilman Strong
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 12:30 P.M.
MAYOR~kersfield, Calif.
ATTEST:
CITY a iclo Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, September 6, 1978
269
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., September 6, 1978.
The meeting was called to order by Vice-Mayor Medders
followed by the Pledge of Allegiance and Invocation by Mr. Stephen
Austin member of the High Council of the Church o£ Jesus Christ of
Latter-Day Saints.
The City Clerk called the roll as follows:
Present: Councilmen Medders, Ratty, Rogers, Strong, Barton,
Christensen
Absent: Mayor Hart. Councilman Sceales
Minutes of the regular meeting of August 23, 1978 and
recessed meeting of August 30, 1978, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. John Van Noord, Marketing Supervisor for Kern District
of Pacific Gas and Electric Company, read a prepared statement
regarding their energy conservation activities within Bakersfield,
distributed pamphlets describing their program and presented a
book of brochures on energy conservation for use by the City.
Miss Leslie Wasser, Advance Representative for Ice
Capades, extended an invitation to the Mayor and Council to attend
opening night of the Ice Capades at the Civic Auditorium on Thursday,
September 21, 1978.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Golden Empire Transit, dated August 28, 1978, submitting a copy of
their Financial Report for year ending June 10, 1978, was received
and ordered placed on file.
Upon a motion by Councilman Rogers, communication from
James B. French, W. C. Robertson and Priscilla Jane Mueller re-
questing annexation of property located south of Roberts Lane, east
of Manor Street and north of the Kern River, was received and
referred to the Planning Commission for study and recommendation.
270
Bakersfield, California, September 6, 1978 - Page 2
Upon a motion by Councilman Ratty,
R. A. Agabashian for Bonneville Corporation,
September 1, 1978, requesting abandonment of
communication from
500 Oak Street, dated
future street right-
of-way located north of Brundage Lane between Beech Street and
City Limit boundary, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Ratty, communication from
Roland S. Woodruff, Attorney for the Greater Bakersfield Separation
of Grade District, dated September 5, 1978, submitting copies of
a report entitled "Preliminary Engineering Studies on Proposed
Railroad and Vehicular Grade Separations, July 1978," and requesting
a meeting with an appropriate Council Committee and staff members
to work out a basis for cooperation between the District and City
with respect to various aspects of the proposed grade separations
at Chester Avenue and the Southern Pacific tracks north of the
Circle and Union Avenue at the Southern Pacific tracks near 24th
Street, was received and referred to the Budget Review and Finance
Committee.
Upon a motion by Councilman Barton, communication from
the Kern County Employees Federal Credit Union, dated August 31,
1978, regarding termination of Lease No. 74-101 for a parking lot
located on Truxtun Avenue between "G" and "H" Streets, was received,
ordered placed on file and referred to the Business Development
and Parking Committee for study.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 872 to 1051,
inclusive, in the amount of $1,817,734.92.
(b) Claim for Damages from Eugene Sanders,
2904 Vassar Street, Bakersfield. (Refer
to City Attorney)
(c) Claim for Damages from Charles James
Glisson, 21453 Jonathan Place, California
City. (Refer to City Attorney)
Bakersfield, California, September 6, 1978 - Page 3
271
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
Claim for Damages from Roy M. Hendrix on
behalf of Steven Hendrix, 2101 Woolard
Drive, Bakersfield. (Refer to City
Attorney)
Street Right-of-Way Easement from Giumarra
Brothers Fruit Co. providing additional
street right-of-way along Meadow Vista
Street as required for Tract No. 3933.
Turnaround Easement from B. L. Dickinson,
Inc. and Robert A. Wadsworth providing
temporary turnaround at north end of
Rancho Sierra Street as required for
Tract No. 3933.
Flowage and Access Easement from B. L.
Dickinson, Inc. and Robert A. Wadsworth
providing flowage and access at north
ends of Rancho Sierra Street, Cedar Canyon
Street, Glenridge Street and Meadow Vista
Court as required for Tract No. 3933.
Temporary Street Right-of-Way Easement
from B. L. Dickinson, Inc. and Robert A.
Wadsworth providing temporary street
right-of-way to connect north ends of
Glenridge Street and Cedar Canyon Street
as required for Tract No. 3933.
Public Utility Easements from Helfac
Corporation as required for Parcel Map
No. 4807.
Map of Tract No. 3859 "B" and Improvement
Agreement for construction of improvements
therein - located north of College Avenue
and east of Sterling Road.
Map of Tract No. 3972 and Improvement
Agreement for construction of improvements
therein - located south of Pacheco Road
and east of Stine Road.
Notice of Completion and Acceptance of
Work for street and sewer improvements
under Tract No. 3912 - Contract No. 77-162
with Elmer F. Karpe, Inc.
Notice of Completion and Acceptance of
Work for street and sewer improvements
under Parcel Map No. 4342 - Contract No.
77-177 with Tenneco Realty Development
Corporation.
Notice of Completion and Acceptance of
Work for street and sewer improvements
under Parcel Map No. 4421 - Contract No.
77-186 with Tenneco Realty Development
Corporation.
Notice of Completion and Acceptance of
Work for paving of New Corporation Yard -
Contract No. 78-58 with Griffith Company.
272
Bakersfield, California, September 6, 1978 - Page 4
(p)
(q)
Upon
(d), (e), (f),
and (q) of the
roll call vote:
Ayes:
Noes:
Absent:
Application for Encroachment Permit from
Albert and Lavenia Goodloe, 803 "T" Street,
Bakersfield, for construction of brick
and wrought iron fence at back of sidewalk
at northwest cdrner of 8th and "T" Streets.
Plans and Specifications for Kroll Park
Development.
a motion by Councilman Ratty, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1), (m), (n), (o), (p)
Consent Calendar, were adopted by the following
Councilmen Medders, Ratty,
Christensen
None
Councilman Sceales
ACTION ON BIDS
Upon a motion by Councilman Ratty,
Rogers, Strong, Barton,
low bid of A-1 Battery
Company for Annual Contract for Automotive Batteries, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
Upon a motion by Councilman Rogers, low bid of Hydrex
Pest Control for Annual Contract for Pest Control, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
After discussion, upon a motion by Councilman Rogers,
low bids of James Petroleum (five items) and Service Oil Company
(one item) for Annual Contract for Lubricating Products, were
accepted, all other bids rejected and the Mayor was authorized to
execute the contracts.
Upon a motion by Councilman Ratty, bids of Hawkins-
Hawkins (fourteen items),
Western Highway Products
ware, were accepted.
Unistrut L.A. (thirteen items) and
(three items) for Highway Signs and Hard-
Upon a motion by Councilman Ratty, low bid of Inter-
Ferrous Corporation for Fire Hydrant Bury Extensions, was accepted
and all other bids rejected.
Bakersfield, California, September 6, 1978 - Page 5
273
Upon a motion by Councilman Rogers, low bid of Troxler
Electronic Laboratories, Inc. for Moisture Density Gauge, was
accepted and the other bid rejected.
Upon a motion by Councilman Strong, bid of Central Valley
Supply Company for Storm Drain Pipe, was accepted.
Upon a motion by Councilman Strong, low bid of Ray
Gaskin Service for Refuse Packer Trucks, was accepted, the other
bid rejected and Budget Transfer in the amount of $8,370.00 from
the Council Contingency Account in the Equipment Replacement Fund
to the appropriate account, was approved.
After discussion, upon a motion by Councilman Christensen,
usual bidding requirements were dispensed with, in accordance with
Section 5.20.060 of the Municipal Code, and the Assistant City
Manager-Finance was authorized to negotiate a price with Golden
Engineering for Portable X-Ray Unit and Accessories for use in the
Police Department Bomb Disposal work.
DEFERRED BUSINESS
Adoption of Ordinance No. 2438 New
Series of the Council of the City of
Bakersfield amending Section 7.66.090
(d) of Chapter 7.66 (Towing of Vehicles)
of the Municipal Code of the City of
Bakersfield.
Upon a motion by Councilman Ratty, Ordinance No. 2438
New Series of the Council of the City of Bakersfield amending
Section 7.66.090 (d) of Chapter 7.66 (Towing of Vehicles) of the
Municipal Code of the City of Bakersfield, was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Ratty, Rogers, Strong, Barton,
Christensen
None
Councilman Sceales
27'4
Bakersfield, California, September 6, 1978 - Page 6
Failure to adopt an Ordinance of the
Council of the City of Bakersfield
amending the Bakersfield Municipal
Code by repealing Chapter 8.64 and
substituting in lieu thereof a new
Chapter 8.64, regulating Sewer
Construction, Sewer Use and Indus-
trial Wastewater Discharges.
Councilman Rogers made a motion to adopt an Ordinance of
the Council of the City of Bakersfield amending the Bakersfield
Municipal Code by repealing Chapter 8.64 and substituting in lieu
thereof a new Chapter 8.64, regulating Sewer Construction, Sewer
Use and Industrial Wastewater Discharges.
Councilman Strong stated he has not studied this item
and asked if holding it over for two weeks would create any problems
because there may be a lot of people interested in the charges and
how they were arrived at.
Director of Public Works Hawley stated there could be a
problem with deferring action on this ordinance because the City
is required to adopt a Sewer Use Ordinance and a Resolution setting
fees prior to completion of 50% of the construction of the South-
east Bakersfield Sewer Expansion Project. The project is now at
that point and a problem would be created as far as paying the
contractors. The State will not contribute their share of the
Federal and State funds until the City adopts
and Resolution setting fees.
entered into with the State
During discussion,
This was in the
in 1976.
a Sewer Use Ordinance
agreement the City
Councilman Strong stated that on the
basis of what has been said tonight he cannot attach the same
urgency to this ordinance as the staff and he felt it would be
irresponsible on the part of each Councilman because they owe it
to their constituents and businesses in the City to at least give
the public a chance to respond, especially to the open-ended business
assessment being proposed. Councilman Strong then offered a
substitute motion that action on the ordinance regulating Sewer
Construction, Sewer Use and Industrial Wastewater Discharges, be
deferred until the Council Meeting of September 20, 1978.
Bakersfield, California, September 6, 1978 - Page 7
275
Ayes:
Noes:
Absent:
Councilman Christensen stated he is disturbed about some
of the rates contained in the report and contrary to what has been
stated tonight he was not aware the Council had discussed the rates
prior to tonight and requested copies of the minutes where it was
discussed by the Council before acting on the proposed ordinance.
Director of Public Works Hawley, in answer to a question
by Councilman Strong, outlined how the proposed rates for sewer use
were established.
After considerable discussion, Director of Public Works
Hawley stated that as far as commercial rates are concerned they
were not previously discussed in detail with the Council. There
has been discussion about rates for single family residences, and
some about commercial rates. Two weeks ago was the first time
this particular list of rates was presented to the Council.
After further discussion, Councilman Strong's substitute
motion that action on the Ordinance amending the Bakersfield
Municipal Code by repealing Chapter 8.64 and substituting in lieu
thereof a new Chapter 8.64, regulating Sewer Construction, Sewer
Use and Industrial Wastewater Discharges, be deferred until the
Council Meeting of September 20, 1976, failed to carry by the
following roll call vote:
Councilmen Strong, Barton, Christensen
Councilmen Medders,
Councilman Sceales
Councilman Rogers'
Ratty, Rogers
motion to adopt an Ordinance of the
Council of the City of Bakersfield amending the Bakersfield Muni-
cipal Code by repealing Chapter 8.64 and substituting in lieu thereof
a new Chapter 8.64, regulating Sewer Construction, Sewer
Industrial Wastewater Discharges, failed to carry by the
roll call vote:
Use and
following
Ayes: Councilmen Medders, Ratty, Rogers
Noes: Councilmen Strong, Barton, Christensen
Absent: Councilman Sceales
276
Bakersfield, California, September 6, 1978 - Page 8
Adoption of Ordinance No. 2439 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 2619 Agate Street.
The application for this amendment was made by Mrs.
Lucille Mason 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 Barton, Negative Declaration
and Ordinance No. 2439 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 2619 Agate Street, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Sceales
NEW BUSINESS
Adoption of Emergency Ordinance No.
2440 New Series of the Council of
the City of Bakersfield authorizing
amendment of Contract between the
City of Bakersfield and the Board of
Administration of the California
Public Employees' Retirement System.
This ordinance provides for a one time 3% to 15% increase
in allowances to or on account of certain Miscellaneous and Safety
Members retired or Members deceased prior to July 1, 1974.
Upon a motion by Councilman Rogers, Emergency Ordinance
No. 2440 New Series of the Council of the City of Bakersfield
authorizing amendment of Contract between the City of Bakersfield
and the Board of Administration of the California Public Employees'
Retirement System, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Medders, Ratty,
None
Councilmen Sceales, Strong
Rogers,
Christensen
Bakersfield, California, September 6, 1978 - Page 9
277
First reading of an Ordinance of the
Council of the City of Bakersfield
amending portions of Title 13, in-
cluding Chapters 13.01, 13.04, 13.16,
13.30, 13.40, 13.56, 13.60, 13.64 and
13.66, concerning Building and Con-
struction Regulations and Standards;
adopting by reference the Uniform
Building Code, 1976 Edition, and the
Appendix thereto, the Uniform Mechani-
cal Code, 1976 Edition, and the Appendix
thereto, the Uniform Sign Code, 1976
Edition, the Uniform Plumbing Code,
1976 Edition, and Appendices A through
H thereto, the Uniform Housing Code,
1976 Edition and the Uniform Code for
the Abatement of Dangerous Buildings,
1976 Edition.
This ordinance updates the existing Municipal Code to
incorporate the 1976 Editions of the Uniform Codes dealing with
building and construction.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending portions of Title 13,
including Chapters 13.01, 13.04, 13.16, 13.30, 13.40, 13.56, 13.60,
13.64 and 13.66, concerning Building and Construction Regulations
and Standards; adopting by reference the Uniform Building Code,
1976 Edition, and the Appendix thereto, the Uniform Mechancial
Code, 1976 Edition, and the Appendix thereto, the Uniform Sign
Code, 1976 Edition, the Uniform Plumbing Code, 1976 Edition, and
Appendices A through H thereto, the Uniform Housing Code, 1976
Edition and the Uniform Code for the Abatement of Dangerous
Buildings, 1976 Edition.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 3.30 of the Munici-
pal Code of the City of Bakersfield
by adding Section 3.30.040 authorizing
certain employees to make arrests.
This ordinance permits Community Service Technicians and
other non-safety members designated by the Chief of Police to
enforce parking violations and animal regulations.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 3.30 of the
278
Bakersfield, California, September 6, 1978 - Page 10
Municipal Code of the City of Bakersfield by adding Section 3.30.040
authorizing certain employees to make arrests.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 10.16.020 of Chapter
10.16 (Discharging Firearms) of the
Municipal Code of the City of Bakers-
field regulating the use of Firearms
in the City.
The present ordinance is too limiting on discharging a
gun within the City Limits due to the vast area of unimproved lands
taken in by annexation.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 10.16.020 of
Chapter 10.16 (Discharging Firearms) of the Municipal Code of the
City of Bakersfield regulating the use of Firearms in the City.
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 west of Fairfax
Road and Azalea Avenue Intersection.
The application for this amendment was made by Thomas
V. Reese and would change subject property from an R-1 (One Family
Dwelling) 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 west of Fairfax Road and Azalea Avenue
Intersection.
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 northwest
corner of Columbus Street and Union
Avenue Intersection.
The application for this amendment was made by Tim Gannon
and would change subject property from an R-3-D (Limited Multiple
Bakersfield, California, September 6, 1978 - Page
279
Family Dwelling - Architectural Design) 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 that certain property in the City of
Bakersfield located on the northwest corner of Columbus Street and
Union Avenue Intersection.
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 south of Panama
Lane and west of South "H" Street.
The application for this amendment was made by Carl R.
Moreland and would change subject property from an "A" (Agricultural)
Zone to an MH (Mobilehome), 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 south of Panama Lane and west of South "H" Street.
Resolution of the Council of the City
of Bakersfield adopting the Waste-
water Treatment Revenue Program and
establishing Sewer User Charges and
Fees.
The Revenue Program establishes Sewer Use Charges as
required for the Clean Water Grant for expansion of Wastewater
Treatment Plant No. 2. These charges have been developed in
accordance with the Draft Revenue Program approved by the State
Division of Water Quality and adopted by the City Council on
February 23, 1976. The effective date of the charges will be July
l, 1979.
Assistant City Attorney Oberholzer stated this resolution
does not need to be acted upon because the authority for it comes
from the ordinance regulating Sewer Construction, Sewer Use and
Industrial Wastewater Discharges that was not adopted earlier in
the meeting.
Bakersfield, California, September 6, 1978 - Page 12
Adoption of Resolution No. 94-78 of
the Council of the City of Bakers-
field declaring it has reviewed,
evaluated and considered the infor-
mation contained in the Final EIR,
making findings and certifying that
said Final EIR has been completed in
compliance with the California
Environment Quality Act, the State
EIR Guidelines and City Resolution
No. 39-78, re proposed General Plan
Amendment and Zone Change Application
for approximately 4.96 acres of land
at the southeast corner of Village
Lane and Stockdale Highway, known as
4901 Stockdale Highway.
The Planning Commission reviewed the Final EIR on the
proposed General Plan Amendment and Zone Change and recommended by
Resolution No. 32-78 certification by the City Council.
Upon a motion by Councilman Rogers, Resolution No. 94-78
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final
EIR, making findings and certifying that said Final EIR has been
completed in compliance with the California Environmental Quality
Act, the State EIR Guidelines and City Resolution No. 39-78, re
proposed General Plan Amendment and Zone Change Application for
approximately 4.96 acres of land at the southeast corner of Village
Lane and Stockdale Highway, known as 4901 Stockdale Highway, was
adopted by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Barton, Christensen
Noes: None
Absent: Councilmen Sceales, Strong
Approval of Agreement between the
City and Pacific Gas and Electric
Company for relocation of street
light and installation of new steel
light pole as part of an Underground
District on New Stine Road, south of
Stockdale Highway.
Upon a motion by Councilman Rogers, Agreement between
the City and Pacific Gas and Electric Company for relocation of
street light and installation of new steel light pole as part of
Underground District on New Stine Road, south of Stockdale Highway,
was approved and the Mayor was authorized to execute same.
Bakersfield, California, September 6, 1978 - Page 13
281
Approval of Agreement between the
City and State of California, Depart-
ment of Transportation certifying
that the City has sufficient funds
available to fund the Truxtun Avenue
Grade Separation Project.
Through this agreement the City certifies to the State
that the City has sufficient funds available to fund the City's
share of the Truxtun Avenue Grade Separation Project. The City's
share is estimated at $500,000 and is in the current budget. The
agreement also sets forth conditions and procedure for State reim-
bursement to the City for eligible expenditures on the project.
Upon a motion by Councilman Christensen, Agreement
between the City and State of California, Department of Transportation
certifying that the City
the Truxtun Avenue Grade
conditions and procedure
has sufficient funds available to fund
Separation Project and setting forth
for State reimbursement to the City for
eligible expenditures on the project, was approved and the Mayor
was authorized to execute same.
Appointment of Voting Delegate and
Alternate for the League of Cali-
fornia Cities Conference, September
24-26, 1978.
Each year the League of California Cities requests that
the City Council designate a voting representative and alternate
to vote on matters affecting municipal or league policy during the
conference.
Upon a motion by Councilman Rogers, Councilman Barton
was designated as Voting Delegate and Councilman Christensen was
designated as Alternate Voting Delegate for the League of California
Cities Conference to be held in Anaheim, September 24-26, 1978.
Councilman Barton indicated that he would agree to be
the Voting Delegate for the conference as long as the same procedure
for tabulating the Council votes on various resolutions is handled
the same way as last year.
282
Bakersfield, California, September 6, 1978 - Page 14
HEARINGS
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Manor No. 2," proposed to be
annexed to the City of Bakersfield. (Annexation was commenced
under the old annexation law).
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This is an uninhabited annexation containing 249.14 +
acres of land lying north of Panorama Drive, south of the Kern
River and east of Manor Street.
Vice-Mayor Medders declared the hearing open for public
participation. No protests or objections being received, the
public portion of the hearing was closed for Council deliberation
and action.
Upon a motion by Councilman Christensen, Resolution No.
95-78 of the Council of the City of Bakersfield declaring that a
majority protest has not been made to the annexation of Manor No.
2, proposed to be annexed to the City o£ Bakersfield, was adopted
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Medders,
None
Councilmen Sceales, Strong
Upon a motion by Councilman Christensen,
Ratty, Rogers, Barton, Christensen
Ordinance No.
2441 New Series approving annexation of a parcel of uninhabited
territory to the City of Bakersfield, California, designated as
Annexation No. 258 (Manor No. 2) and providing for the taxation
of said territory to pay the bonded indebtedness of said City,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Ratty,
None
Councilmen Sceales, Strong
Rogers, Barton,
Christensen
Bakersfield, California, September 6, 1978 - Page 15
283
This is the time set for public hearing before the
Council for hearing objections to include within the Greater
Bakersfield Separation of Grade District certain territory desig-
nated as "Manor No. 2" Annexation.
This hearing has been duly advertised.
Vice-Mayor Medders delcared the hearing open for public
participation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Christensen, Resolution No.
96-78 annexing certain territory designated as Annexation No. 258
(Manor No. 2) to the Greater Bakersfield Separation of Grade
District, was adopted by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Barton, Christensen
Noes: None
Absent: Councilmen Sceales, Strong
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:00 P.M.
/
VICE-MAYOR of the City of Bakersfield,
Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex-Officio Clerk of the
of the City of Bakersfield, California
ASSISTANT CITY CLERK
ma
Council
284
Bakersfield, California, September 20, 1978
Minutes of a regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 8:00 P.M., September 20, 1978.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Mr. Don Minor, member
of the High Council of the Church of Jesus Christ of Latter-Day
Saints.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Ratty, Rogers, Sceales,
Present: Strong,
Barton, Christensen, Medders
Absent: None
Minutes of the regular meeting of September 6, 1978 were
approved as presented.
COUNCIL STATEMENTS
Vice-Mayor Medders requested an up-date on the current
status of the Blue Curb Law, that provides parking spaces for the
handicapped, specifically those persons confined to wheel chairs.
Director of Public Works Hawley reported that since this matter
was brought to the attention of the Traffic Engineer two or three
months ago, various meetings were held with representatives of the
handicapped organizations, the Police Chief, and the Downtown
Business Association, and approximately ten parking spaces are
being considered in the downtown area to be reserved for the
physically handicapped. The City Attorney is presently preparing
an ordinance to accomplish this, and it will probably be brought to
the Council for consideration at the next Council meeting.
REPORTS
Vice-Mayor Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 9-78 regarding Corporation Yard
Improvements and Police Department Vehicles, as follows:
Bakersfield, California, September 20, 1978 - Page 2
Corporation Yard Improvements
Construction of the new Corporation Yard began
in 1976. The original plans contained a number
of improvements (see Attachment A) that have
been deleted as a result of the significantly
increased cost from the 1976 estimates for the
fuel island and other improvements.
During this month, the Northwest Storm Drain
project will be completed with a budget savings
of revenue sharing funds of approximately
$123,000. This Committee feels the improvements
at the Corporation Yard are necessary, and recom-
mends the savings from the storm drain project
be utilized to make these improvements.
It should also be noted other needs exist at the
Corporation Yard, such as fencing the property
on the north, a storage building for surplus
equipment, etc.; however, these needs are not
urgent, and will be requested in next year's
Capital Improvement Program budgeting process
and be subject to the availability of funds and
the prioritization of projects.
Police Department Vehicles
During the budget hearings, the Council approved
the reclassification of four vacant Police Officer
positions to civilian Community Service Technician
positions to investigate non-injury traffic
accidents and certain types of misdemeanors.
However, the Police Chief indicates (see Attach-
ment B) it is not desirable for these Community
Service Technicians to utilize black and white
police cars. He indicates there are four small
pickups planned for trade-in during this fiscal
year of which three could be utilized for these
employees. This would represent the least costly
method of providing necessary transportation;
therefore, this Committee would recommend these
vehicles not be traded in, and utilized for this
purpose.
Councilman Christensen, member of the Budget Review and
Finance Committee, was not available for the meeting, and thus did
not sign the report.
Upon a motion by Vice-Mayor Medders, Budget Review and
Finance Committee Report No. 9-78 regarding Corporation Yard Improve-
ments and Police Department Vehicles was accepted and the recommenda-
tions contained therein were approved.
Mayor Hart requested the Council to consider an appointment
to the Golden Empire Transit Board of Directors to fill the unexpired
term of Mr. Arend Folkens, who resigned, term ending in January 1979.
Bakersfield, California, September 20, 1978 - Page 3
In regard to a Planning Commission recommended annexation
policy, City Manager Bergen stated that significant changes in the
law have occurred this last year that affect annexations, specifi-
cally, (1) MORGA, the Municipal Organization Act, State legislation
adopted last year which became effective January 1, 1978, and (2)
Proposition 11 which was adopted on June 6, 1978.
MORGA (1) requires that a plan for service be sumitted to
LAFCO prior to any annexation; (2) permits inhabited annexations
without a vote, unless there is a protest petition filed by at least
25% of the registered voters; if 25% to 50% sign a protest petition,
an election is held; if 50% or more sign a protest petition, no
election is held; (3) if property owners petition, this allows LAFCO
to annex to the City without Council approval. These changes are in
addition to the provisions for island annexations, which provide
that islands of less than 100 acres can be annexed without an election,
but a plan £or service is required.
Proposition 13 provides that a uniform tax rate throughout
the County be applied, meaning that both City and County areas will
have the same basic tax rate. There is a high probability the urban
unincorporated areas will directly pay more for the same service than
the adjacent properties within the City.
Based on these facts, it is very important for the City to
adopt an annexation policy as recommended by the Planning Commission.
The annexation policy has been discussed for several months and out-
lines a policy that would provide for an orderly, cost effective
annexation plan.
The City Attorney recommends that the proposed annexation
policy be adopted by Council Resolution.
Councilman Ratty moved that the City Attorney prepare a
Resolution incorporating the proposed annexation policy of the City.
Councilman Barton stated he would like to have a copy of
the Municipal Organization Act (MORGA) for review and would have no
Bakersfield, California, September 20, 1978 - Page 4
287
objection to the City Attorney preparing a Resolution for Council
consideration.
A substitute motion by Councilman Barton that the letter
from the Planning Commission be received and placed on file and the
matter of an annexation policy be deferred for two weeks passed
unanimously.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 9-78 regarding Personnel
Changes in City Finance Department, as follows:
Due to the recent resignation of the City's
Purchasing-Cash Management Officer, Frank
Casey, the staff has re-evaluated the job
requirements of this position and those of
the Revenue Supervisor classification. The
staff is of the opinion that the City's needs
will be better met by placing the responsi-
bilities of Cash Management under the control
of the Revenue Supervisor; however, with these
additional responsibilities, the salary of
this position should be increased accordingly.
The Revenue Supervisor position is presently
vacant, and to date we have not received any
applications to fill it. Hopefully, with an
increase in salary, we will be able to attract
some competent applicants.
In order to offset any additional costs, the
staff has recommended that we downgrade the
Purchasing-Cash Management Officer monthly
salary range from $1642 - $1979 to $1508 -
$1833, and place it in the Supervisory Unit
rather than the Management Unit. The Revenue
Supervisor salary range would be adjusted from
$1242 - $1513 to $1508 $1833.
It is not our intention to fill the Purchasing-
Cash Management Officer position until such
time that the staff has completed further
studies of the Finance Department operations.
The Governmental Efficiency and Personnel Com-
mittee concurs with these staff recommendations,
and is recommending Council approval of the
attached changes in the Salary Resolution.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 9-78 was accepted.
Bakersfield, California, September 20, 1978 - Page 5
Adoption of Resolution No. 97-78
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.
Upon a motion by Councilman Strong, Resolution No. 97-78
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 Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1052 to 1355,
inclusive, in the amount of $403,965.58.
(b)
Claim for Damages from Leonard A. Maas,
Jr. and Helen C. Maas, c/o Di Giorgio,
Davis & Klein, Attorneys at Law, 1000
Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
(c)
Claim for Damages from Derrill D. Morger,
c/o Darling, Maclin & Day, P.O. Box 2411,
Bakersfield. (Refer to City Attorney)
(d)
Notice of Completion and Acceptance of
Street and Sewer Improvements under Tract
No. 3859 "A" - Contract No. 77-144 with
Wattenbarger-Stahl Development Company.
(e)
Notice of Completion and Acceptance
Street Improvements under Tract No.
Contract 77-148 with Tenneco Realty
Development Corporation.
of
3893 -
(f)
Notice of Completion and Acceptance of
Sewer and Street Improvements under Tract
No. 3900 - Contract No. 77-133 with Tenneco
Realty Development Corporation.
(g)
Notice of Completion and Acceptance of
Sewer and Street Improvements under Tract No.
3903 - Contract No. 77-134 with Tenneco
Realty Development Corporation.
(h)
Notice of Completion and Acceptance of Street
Improvements under Parcel Map No. 4165 -
Contract No. 77-118 with Tenneco West.
Bakersfield, California, September 20, 1975 - Page 6
289
(i)
Notice of Completion and Acceptance of Work
on Northwest Bakersfield Drain, Phase III -
Pump Station Expansion - Contract No. 77-171
with Sully-Miller.
(J)
Application for Encroachment Permit from
Mobilhome Corporation for construction of
garden wall 4½ feet back of sidewalk within
the road right of way along Auburn Street,
as shown on plans for Tract No. 4079.
(k)
Application for Encroachment Permit from
Frank Valenzuela, 5712 Appletree Lane, Bakers-
field for construction of a 4 foot high
concrete block fence extending 3 feet into
the street right of way along side yard
property line at 5712 Appletree Lane.
(1) Plans and Specifications for Construction of
Storm Drains in 19th Street and Brown Street.
(m)
Improvement Agreement from Richard S. Moberg
(northwest corner of South Chester and South
Union Avenues).
(n)
Resolution of Intention No. 937 of the Council
of the City of Bakersfield, declaring its
intention to order the vacation of a portion
of Lake Ming Road, south of Alfred Harrell
Highway, in the City of Bakersfield, setting
the date of hearing for October 11, 1978.
(o)
Acceptance of ¥~ater Pipeline Easement from
Tenneco West, Inc. between Carrier Canal and
Kern River. (Section 34, T. 29 S., R. 27 E.,
M.D.M.)
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), and (o)
of the Consent Calendar were adopted by the following roll call
vote:
Ayes:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, ~edders
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Medders, low bid of L. N.
Curtis and Sons for Turnout Coats for the Fire Department was
accepted and all other bids were rejected.
Upon a motion by Councilman Ratty, low bid of Valley
Tree and Construction for Demolition of Substandard Structures was
accepted and the other bid rejected. These buildings are being
demolished in connection with the Community Development Block
Grant program.
29O
Bakersfield, California, September 20, 1978 - Page 7
Upon a motion by Councilman Sceales, low bid of Griffith
Company for construction of pavement improvements on Ming Avenue
and Gosford Road was accepted, all other bids were rejected, and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, bid of A. C. Electric
Company for construction of traffic signal systems on California
Avenue at Chester Lane and Easton Drive was rejected, and the Finance
Department was authorized to readvertise the project.
Upon a motion by Councilman Christensen, usual bidding
requirements were dispensed with, in accordance with Section 5.20.060
of the Municipal Code, and the Assistant City Manager-Finance was
authorized to negotiate a price for Radio Alarms and Accessories
for use by the Police Department.
DEFERRED BUSINESS
Reconsideration of Ordinance of the
Council of the City of Bakersfield
amending the Bakersfield Municipal
Code by repealing Chapter 8.64 and
substituting in lieu thereof a new
Chapter 8.64, regulating Sewer Con-
struction, Sewer Use and Industrial
Wastewater Discharges.
This ordinance was given first reading at the meeting of
August 23, 1978. The Council failed to adopt this ordinance at the
meeting of September 6, 1978.
Upon a motion by Councilman Ratty, reconsideration of this
ordinance was approved.
In response to a question posed by Councilman Strong as to
whether sewer service charges were a requirement of the Federal and
State agencies in their guidelines, Public Works Director Hawley
stated that Federal Law, Public Law 92500, states that sewer service
charges be based on a fair and equitable basis, with no definition
as to whether it is for residences, commercial, industrial, etc.,
and that is a condition of the agreement the City entered into with
the Environmental Protection Agency (EPA) and the State of California.
Councilman Strong requested that the record reflect that
the City of Bakersfield, in its submission of the application, set
Bakersfield, California, September 20, 1978 - Page 8
291
forth the service charge procedure and did not meet the requirement;
of the Federal Law.
City Attorney Hoagland stated it is a requirement of both
Federal and State Law in order to be eligible for the grant, and he
read from the Federal Law.
Councilman Rogers reviewed the project since the passage
of the Federal Water Pollution Control Act in November of 1972.
Councilman Strong indicated it was his feeling that with
the issuance of new property assessments, the garbage fees, and this
sewer charge, it would work a very serious hardship for a number of
people in our City. He further stated that he believes that nowhere
in the guidelines for the application is the requirement that the
City must adopt a users fee and would maintain that position until
shown otherwise.
Councilman Christensen stated he did not oppose the project
but wanted to be assured that people were getting from government
what they were paying for and not being overcharged.
City Attorney Hoagland pointed out that delays in the
adoption of the ordinance were costing the City money in the form
of lost interest, inasmuch as the City would not get paid by the
State and Federal Government until adoption of the ordinance setting
the user fees, and that fees could be modified at a later date with
the approval of the State that the modification is fair and equitable.
Councilman Barton requested a comprehensive financial
projection, with consideration of an ad valorum tax reduction. City
Manager Bergen indicated the staff will make preliminary studies early
nex~ year, in February/March, so this information can be made a part
of the next year's budget deliberations. The City must have time to
submit rate modification to the State for approval prior to budget
deliberations.
In response to Councilman Strong's questions, City Attorney
Hoagland indicated the fees are considered to be a service charge
292
Bakersfield, California, September 20, 1978 - Page 9
and not a tax, would be collected on the property tax bill, and
unpaid fees would be considered a debt,
penalties.
owed to the City with
Adoption of Ordinance No. 2442 New
Series o£ the Council of the City of
Bakersfield amending the Bakersfield
Municipal Code by repealing Chapter
8.64 and substituting in lieu thereof
a new Chapter 8.64, regulating Sewer
Construction, Sewer Use and Industrial
Wastewater Discharges.
Upon a motion by Councilman Medders, Ordinance No. 2442
New Series of the Council of the City of Bakersfield amending the
Bakersfield Municipal Code by repealing Chapter 8.64 and substituting
in lieu thereof a new Chapter 8.64, regulating Sewer Construction,
Sewer Use and Industrial Wastewater Discharges, was adopted by the
following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Barton, Christensen,
Medders
Noes: Councilman Strong
Absent: None
Councilman Strong qualified his "no" vote stating he
recognized this is a mandate but that he felt the fees were not
equitable.
Councilman Medders stated he voted "aye" because it is
the responsible thing to do.
Adoption of Resolution No. 98-78 of
the Council of the City of Bakersfield
adopting the Wastewater Treatment Revenue
Program and establishing Sewer Service
User Charges and Fees.
The Revenue Program establishes Sewer Use Charges as
required for the Clean Water Grant for expansion of Wastewater
Treatment Plant No. 2.
These charges have been developed in accordance with the
Draft Revenue Program approved by the State Division of Water Quality
and adopted by the City Council on February 23, 1976. The effectiw~
date of the charges will be July 1, 1979.
Action on this resolution was deferred at the meeting of
September 6, 1978.
Bakersfield, California, September 20, 1978 - Page 10
293
Upon a motion by Councilman Medders, Resolution No. 98-713
of the Council of the City of Bakersfield adopting the Wastewater
Treatment Revenue Program and establishing Sewer Service User Charges
and Fees was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Barton, Christensen,
Medders
Noes: Councilman Strong
Absent: None
Councilman Christensen requested the record to show that
the revenue question of tax income as it relates to sewer costs and
so forth is going to be reviewed early next year as Councilman
Barton requested.
Adoption of Ordinance No. 2443 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located south
of Panama Lane and west of South "H"
Street.
The application for this amendment was made by Carl R.
Moreland and would change subject property from an "A" (Agricultural)
Zone to an MH (Mobilehome) Zone.
The ordinance was given first reading at the meeting of
September 6, 1978.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2443 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
south of Panama Lane and west of South "H" Street were adopted by
the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
294
Bakers£ield, California, September 20, 1978 - Page 11
Adoption of Ordinance No. 2444 New
Series of the Council of the City
of Bakersfield amending Section
10.16.020 of Chapter 10.16 (Discharging
Firearms) of the Municipal Code of the
City of Bakersfield regulating the Use
of Firearms in the City.
This ordinance was given first reading at the meeting of
September 6, 1978.
Upon a motion by Councilman Sceales, Ordinance No. 2444
New Series of the Council of the City o£ Bakersfield amending
Section 10.16.020 of Chapter 10.16 (Discharging Firearms) of the
Municipal Code of the City of Bakersfield regulating the Use of
Firearms in the City was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Adoption of Ordinance No. 2445 New
Series of the Council of the City
of Bakersfield amending Chapter 3.30
of the Municipal Code of the City of
Bakersfield by adding Section 3.30.040
authorizing certain employees to make
arrests.
This ordinance was given first reading at the meeting of
September 6, 1978.
Upon a motion by Councilman Ratty, Ordinance No. 2445
New Series of the Council of the City of Bakersfield amending
Chapter 3.30 of the Municipal Code of the City of Bakersfield by
adding Section 3.30.040 authorizing certain employees to make
arrests was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Adoption of Ordinance No. 2446 New
Series amending Title Seventeen of the
Municipal Code of the City of Bakers-
field by changing the Land Use Zoning
of that certain property in the City of
Bakersfield located west of Fairfax Road
and Azalea Avenue Intersection.
Bakersfield, California, September 20, 1978 - Page 12 295
The application for this amendment was made by Thomas V.
Reese and would change subject property from an R-1 (One Family
Dwelling) Zone to an ~-i-CH (One Family Dwelling - Church) Zone.
This ordinance was given first reading at the meeting of
September 6, 1978.
Upon a motion by Councilman Rogers, Negative Declaration
and Ordinance No. 2446 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
west of Fairfax Road and Azalea Avenue Intersection wereadopted by
the following roll call vote:
Ayes: Councilmen Ratty, Rogers,
Medders
Sceales, Strong, Christensen,
Noes: None
Absent: Councilman Barton
Adoption of Ordinance No. 2447 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the northwest corner of Columbus
Street and Union Avenue Intersection.
The application for this amendment was made by Tim Gannor~
and would change subject property from an R-3-C (Limited Multiple
Family Dwelling - Architectural Design) Zone to a C-2-D (Commercia~ -
Architectural Design) Zone.
This ordinance was given first reading at the meeting of
September 6, 1978.
Upon a motion by Councilman Christensen, Negative Declaration
and Ordinance No. 2447 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located on
the northwest corner of Columbus Street and Union Avenue Intersection
were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Christensen,
Medders
Noes: None
Absent: Councilman Barton
Bakersfield, California, September 20, 1978 - Page 13
NEW BUSINESS
Adoption of Resolution No. 99-78 of
the Council o£ the City of Bakersfield
approving entering into a contract with
the State Personnel Board for the
performance of technical services and
authorizing the City Manager to sign
the contract.
This resolution would authorize the City to enter into
an agreement with the State whereby validated exams are made
available. The City has contracted for this service for several
years.
Upon a motion by Vice-Mayor Medders, Resolution No. 99-78
o£ the Council of the City of Bakersfield approving entering into a
contract with the State Personnel Board for the performance of
technical services was adopted and the City Manager was authorized
to sign the contract, by the following roll call vote:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Ayes:
Noes: None
Absent: None
Cost Service Contract Agreement with
Cooperative Personnel Services, State
of California.
The City agrees to abide by various rules and regulations
established by the State in the use of and security for examinations.
Upon a motion by Councilman Ratty, authorization was granted
to execute a cost Service Contract Agreement with Cooperative Personnel
Services, State of California.
Approval of Negative Declarations for
Segments 1, 2, and 4 of proposed
amendment to Land Use Element of the
General Plan.
These Negative Declarations have been advertised for public
input and were approved and adopted by the Planning Commission on
August 16, 1978. Council approval is necessary for environmental
clearance. The Final EIR for Segment III was certified by the City
Council at their September 6, 1978 meeting.
Demolition of City Owned Buildings.
The City has been notified that Lease No. 74-101 for
parking lot on Truxtun Avenue between G and H Streets will be
terminated approximately November 1, 1978, with call for removal
of parking within 30 days. In order to provide for some replacement
parking, it is recommended that City surplus buildings located south
of City Hall be authorized for demolition.
Upon a motion by Councilman Ratty, demolition of City Owned
Buildings located south of City Hall and advertising for bids were
approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
adopting by reference the 1976 Editions
of the Uniform Building, Mechanical,
Sign, Plumbing, Housing and Abatement
of Dangerous Building Conditions Codes
and Appendices thereto.
This
to incorporate
building and construction. It will be necessary to conduct a
noticed public hearing before the proposed ordinance may be
First reading is considered given an Ordinance of the
ordinance would update the existing Municipal Code
the 1976 Editions of the Uniform Codes dealing with
adopted.
Council of the City of Bakersfield adopting by reference the 1976
Editions of the Uniform Building, Mechanical, Sign, Plumbing, Housing
and Abatement of Dangerous Building Conditions Codes and Appendices
thereto.
Upon a motion by Councilman Medders, date and time of
hearing to consider adoption of ordinance were set for 8:00 P.M.,
October 11, 1978, and the City Clerk was directed to cause Notice
of Hear~gto be published in the Bakersfield Californian for two
successive weeks (September 25 and October 2, 1978).
Adoption of Resolution No. 100-78 of
the Council of the City of Bakersfield
initiating proceedings for Annexation
of Territory to the City of Bakersfield
identified as Annexation No. 250,
Proceeding No. 592 (Kern River No. 6),
in accordance with LAFCO Resolution
Making Determination.
298
Bakersfield, California, September 20, 1978 - Page 15
This territory is uninhabited and consists of 3,380
acres of land located along the Kern River between Buena Vista
Road and Interstate Route 5. This resolution sets the public
hearing date for October 25, 1978.
Upon a motion by Councilman Rogers, Resolution No. 100-78
of the Council of the City of Bakersfield initiating proceedings
for Annexation of Territory to the City of Bakersfield identified
as Annexation No. 250, Proceeding No. 592 (Kern River No. 6), in
accordance with LAFCO Resolution Making Determination, was adopted
by the following roll call vote:
Ayes: Councilman Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
HEARINGS
This is the time set for a continued public hearing,
from August 9, 1978, on appeal of Lawton Powers on the decision
of the Board of Zoning Adjustment regarding his application for a
Conditional Use Permit of a C-2 (Commercial) and a C-2-D (Commercial-
Architectural Design) Zone to allow an amusement track for scaled-
down Formula 1 Cars on property located on the northeast corner of
Wible Road and White Lane Intersection.
The Board of Zoning Adjustment was of the opinion the
proposed use would not be compatible with other uses in the area,
and, accordingly, denied the application.
Mayor Hart declared the hearing open for public participation.
Speaking in opposition were:
Ms. Colleen Ryan, an investor in property across
from the proposed development;
Mr. Leon Meeks, an owner of an apartment complex
in the area;
Ms. Linda Frick;
Mr. Lucian Amos,
Mr. Mark Albert,
owner of property in the area;
a partner in nearby apartments.
Speaking in favor were:
Mr. Lawton Powers, the applicant;
Mr. Rick Dent, representing Malibu Grand Prix
Corporation, 315 Laurel Street, San Diego,
California.
Mr. Rick Dent indicated a 7 foot high solid wood fence
would be constructed as a noise buffer.
No further protests or objections being received and no one
else wishing to speak in favor, Mayor Hart closed the public portion
of the hearing for Council deliberation and action.
Councilman Sceales stated he would abstain from debate and
voting because of a real or imaginary conflict of interest.
Upon a motion by Councilman Ratty, the decision of the Board
of Zoning Adjustment was denied, application was granted, and Zoning
Resolution No. 264 Granting Conditional Use Permit to permit the
construction, operation and maintenance of an amusement track for
scaled-down Formula 1 Cars on that certain property located northe~Lst
of Wible Road and White Lane Intersection was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rogers, Strong, Medders
Noes: Councilmen Barton, Christensen
Abstaining: Councilman Sceales
Absent: None
This is the time set for public hearing regarding Amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan concerning those properties commonly known as:
(1) Northwest corner of "H" Street and Panama Lane;
(2) Future intersection of Akers Road and White Lane;
(3) Southeast corner of Village Lane and Stockdale Highway;
(4) West of the City Limits at Stockdale Highway south-
westerly to Interstate 5.
This hearing has been duly advertised, the property posted,
and the property owners have been notified as required by law.
300
Bakersfield, California, September 20, 1978 - Page 17
The proposed amendment, which is the subject of this
hearing, was approved by the Planning Commission after a public
hearing on August 16, 1978 and recommended for adoption by the City
Council. (Planning Commission Resolution 32A-78.)
Mayor Hart declared the hearing open for public participation.
No protests or objections being received, the public portion of the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Sceales, Resolution No. 101-78
of the Council of the City of Bakersfield making findings and approving
amendment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing before the Council[
on Resolution of Intention No. 935 of the Council of the City of
Bakersfield declaring its intention to order the vacation of a Public
Utilities Easement located north of Marsha Street and west of South
Montclair, in the City of Bakersfield.
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public participation.
No protests or objections being received, the public portion of the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Sceales, Resolution No. 102-78
of the Council of the City of Bakersfield ordering the vacation of
Public Utilities Easement located north of Marsha Street and west of
South Montclair, in the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Bakersfield, California, September 20, 1978 - Page 18 301
This is the time set for public hearing before the Council
on Resolution of Intention No. 936 of the Council of the City of
Bakersfield, declaring its intention to order the vacation of Alleys
in Blocks 351 and 352 between "M" and "K" Streets, in the City of
Bakersfield.
This hearing has been duly advertised and posted. This
property is being considered for sale. The Public Works Department
recommends that final action on this request be deferred until a
development plan is submitted and approved.
Mayor Hart declared the hearing open for public participation.
No protests or objections being received, the public portion of the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Ratty, the public hearing
before the Council on Resolution of Intention No. 936 of the Council
of the City of Bakersfield, declaring its intention to order the
vacation of Alleys in Blocks 351 and 352 between "M" and "K" Streets,
in the City of Bakersfield, was continued until October 11, 1978.
City Manager Bergen announced that starting with the first
Wednesday in October the Council would be meeting weekly, inasmuch
as the resolution for'bi-weekly meetings runs out the end of September.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Ratty, the meeting was adjourned at
10:30 P.M.
M~ty~sfield, Ca]if.
ATTEST:
CITY an Clerk of the Council
of the City of Bak~;rsfield, California
mp
302
Bakersfield, California, October 4, 1978
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., October 4, 1978.
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 Sceales, Barton, Christensen,
Medders, Ratty
Absent: Councilmen Rogers, Strong
Minutes of the regular meeting of September 20, 1978
were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty,
the City
of City
communication from
Tenneco Realty Development Corporation, dated September 26, 1978,
requesting extension of various tract or parcel map construction
agreements, was received and referred to the Public Works Depart-
ment for study and recommendation.
Upon a motion by Councilman Sceales, communication from
Pleasant View Missionary Baptist Church, dated October l, 1978,
requesting crosswalks near a parking lot located opposite the
church building at 700 South Haley Street, was received and
referred to the Traffic Engineer.
Upon a motion by Councilman Ratty, communication from
Kern Refuse Disposal, Inc., dated October 2, 1978, requesting a
review of their rates, was received and referred to the Budget
Review and Finance Committee for study and recommendation.
COUNCIL STATEMENTS
Councilman Christensen announced that he appointed Mrs.
Lillie Givan, 3701 Christmas Tree Lane, to the Bakersfield 2000
Citizens Congress.
Councilman Ratty stated that the time frame is getting
rather short for acting on the ordinance altering the ward
boundaries within the City. That ordinance will be placed on the