HomeMy WebLinkAboutOCT - DEC 1977 297
Bakersfield, California, October 12, 1977
Present:
Absent:
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., October 12, 1977.
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 Rogers, Sceales, Strong, Barton,
Christensen, Medders, Ratty
None
Minutes of the joint public hearing of September 21,
1977 and regular meeting of September 21, 1977, were approved as
presented.
Correspondence.
Upon a motion by Councilman Rogers, communication from
the Bakersfield Board of Realtors, dated October 3, 1977, requesting
opposition to the State of California plan for "Urban Development
Strategy for California," was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from the Bakersfield Art Commission, dated September 28, 1977,
requesting certain fees for membership and use of Cunningham Art
Gallery, was received, the staff was directed to investigate the
ramifications of the requests and the matter was referred to the
Auditorium-Recreation Committee for a report and recommendation
back to the Council at the meeting of October 26, 1977.
Scheduled Public Statements.
Mr. Jim Burke, 1208 Fairway Drive, read a letter com-
mending the staff for the professional manner in which they
assisted Jim Burke Ford during construction of their new facilities
located on Oak Street.
Council Statements.
Mayor Hart announced that due to illness of Mrs. Ronald
Goertz the hearing on an appeal by Mrs. Goertz to the decision of
298
Bakersfield, California, October 12, 1977 - Page 2
the Board of Zoning Adjustment regarding Alfred R. Engel's appli-
cation for a Modification will be continued until November 9, 1977.
Councilman Christensen requested a progress report on the
Charter Review Advisory Commission.
Mayor Hart stated that the Council appointments to the
Charter Review Advisory Commission have not been completed.
Councilman Medders announced that he appointed Mr. Waltel-
F. Heisey, 223 Eureka Street, and Mr. Mel Rubin, 2918 Sunset Avenue,
to the Charter Review Advisory Commission.
Reports.
City Manager Bergen read a report regarding Public Works
Employment Act Funds, as follows:
On August 24, 1977, the Council adopted
Resolution No. 80-77 approving the filing of
an application for Pocket of Poverty funds
under the Public Works Employment Act of 1977.
Grant monies are proposed for storm drains,
street improvements, new fire station, and
curbs and gutters.
On October 3, 1977, we received four grant
offers for a total amount of $1,947,000 for
these projects. The grant offer requires that
on-site labor must commence within 90 days of
the date of the City's receipt of the award
grant. The City is prepared to comply with
this requirement.
Public Works grant for the construction of the
fire station does not include funding for land
acquisition. In the fiscal year 1977-78
budget, the Fire Department budgeted $155,000
for a joint City-County Fire Training Facility.
It is the belief of the Fire Chief that con-
struction of this facility will not be started
this fiscal year. Sixty-two thousand dollars
of those monies could be utilized for the
purchase of necessary land. The money derived
from the sale of the two consolidated stations
can be set aside to be used as replacement
money or for some other Fire Department use,
such as additional fire stations in the South-
west or Northeast. I have included a report
from the Fire Chief which details Fire Depart-
ment planning.
The staff recommends that the City Council
approve the land acquisition, using part of
the funds budgeted for the Fire Training
Facility, and authorize the City Manager to
accept the grant offers as authorized in
Resolution No. 80-77.
299
Bakersfield, California, October 12, 1977 - Page 3
Upon a motion by Councilman Strong, report from the City
Manager regarding Public Works Employment Act Funds, was accepted;
acquisition of land for construction of new Fire Station, using
part of the funds budgeted for the Fire Training Facility, was
approved; and the City Manager was authorized to accept the grant
offers as authorized in Resolution No. 80-77. Councilman Rogers
voted in the negative on this motion.
City Manager Bergen read a report regarding Procedures
for Elections, as follows:
Attached is a report from Marguerite Anderson
detailing various election procedures as
requested by the Council.
Relative to the withdrawal of candidates, the
staff would recommend alternate one on page
two. This would allow 30 days to circulate
petitions and an additional eight days for
withdrawal.
If this is acceptable to the Council, an
ordinance will be prepared and presented for
adoption at the meeting of October 26.
Upon a motion by Councilman Ratty, report from the City
Manager regarding Procedures for Elections, was accepted; Alternate
No. 1 which states that Nominating Petitions shall be presented to
the Clerk no earlier than 108
election and allow candidates
days nor later than 78 dayszprior
/
to withdraw no later than/70 days
to
prior to election, was approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending the Bakersfield Municipal
Code by repealing Chapter 4.16 and
substituting in lieu thereof a new
Chapter 4.16 concerning Procedure
for General Municipal Election.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Bakersfield Muni-
cipal Code by repealing Chapter 4.16 and substituting in lieu
thereof a new Chapter 4.16 concerning Procedure for General Muni-
cipal Election.
300
Bakersfield, California, October 12, 1977 - Page 4
City Manager Bergen read a report regarding Automated
Typing Equipment, as follows:
In March, 1976, the City installed automated
typing and word processing equipment in the
Planning Department. Over the last fifteen
months both the City and IBM have been con-
ducting extensive work measurement studies on
the machines to determine its potential for
workload reduction and whether or not similar
machines placed in other offices would create
more efficiency in our paperwork.
On September 20, 1977, IBM completed a word
processing benchmark study of the City Attorney's
and City Clerk's Offices. A copy of that
report is attached. The results of this study
coupled with the use of the existing machine
show that a substantial amount of repetitive
typing work could be reduced through the
addition of two more machines in those two
offices. A good percentage of work which is
originally generated in Planning could be passed
along both to the Attorney's Office and to the
Clerk's Office without retyping and, thereby,
save a considerable amount of time and reduce
the possibility of error.
The installation of this type of equipment will
not necessarily reduce the existing manpower
requirements of those departments but should
have a significant effect of avoiding more
personnel in the future as workloads increase.
Sufficient monies exis~ within the Clerk's
budget for the lease of the machine for the
remainder of this fiscal year; however, it
will be necessary, and the staff requests, a
transfer of $2,000 from the Council's Contin-
gency Fund to the City Attorney's Office, for
the lease of an additional machine for their
use.
Upon a motion by Councilman Ratty, report from the City
Manager regarding Automated Typing Equipment, was accepted; lease
of two IBM Mag Card II Typewriters for City Clerk's Office and
City Attorney's Office, was approved; and Budget Transfer from
the Council's Contingency Fund to the City Attorney's Office in
the amount of $2,000 for lease of machine for remainder of this
fiscal year, was approved.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1291 to 1536,
inclusive, in the amount of $339,764.50.
301
Bakersfield, California, October 12, 1977 - Page 5
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
Claim for Damages from Kathy Murray, P.O.
Box 1905, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Carl M. Gordon,
P.O. Box 197, Kernville, on behalf of
Mr. & Mrs. John Franklin Nelson. (Refer
to City Attorney)
Two Protective Claims from Pacific Tele-
phone & Telegraph Company. (Refer to
City Attorney)
Grant Deed from Tenneco Realty Develop-
ment Corporation providing proposed l0
foot easement for utility purposes and
two 15 foot temporary construction ease-
ments lying along future Grissom Street
south of White Lane and west of Stine
Road.
Grant Deed from Tenneco Realty Develop-
ment Corporation providing 60 foot road
easement running north off District
Boulevard and west of Stine Road.
Public Utilities and Sewer Easement from
Jim D. Weaver and Chester Village, Inc.,
as required for Parcel Map No. 3948.
Grant Deed from Jessup Farms, A Partner-
ship, for pipeline and road construction
in conjunction with the Southeast Bakers-
field Wastewater Treatment Facilities
expansion.
Street Easement from Floyd Bowen and
Victoria Bowen providing right-of-way
on Stine Road as required by Planning
Commission for Parcel Map No. 4174.
Sanitary Sewer Easement from Leroy D.
Livermore and Patricia M. Livermore,
husband and wife, providing sewer service
access as required for Tract Map No. 3950,
located north of White Lane and west of
Wible Road.
Map of Tract No. 3722 and Improvement
Agreement for construction of improve-
ments therein - located north of White
Lane and west of Union Avenue.
Map of Tract No. 3804 "A" and Improvement
Agreement for construction of improvements
therein - located south of Panorama Drive
and east of Columbus Avenue.
Map of Tract No. 3804 "B" and Improvement
Agreement for construction of improvements
therein located south of Panorama Drive
and east of Columbus Avenue.
302
Bakersfield, California, October 12, 1977 - Page 6
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(Y)
Map of Tract No. 3891 "A" and Improvement
Agreement for construction of improvements
therein - located west of Stine Road and
north of Harris Road.
Map of Tract No. 3893 and Improvement
Agreement for construction of improvements
therein - located southwest of Ming Avenue
and Ashe Road.
Map of Tract No. 3894 and Improvement
Agreement for construction of ~mprovements
therein - located southwest of Ming Avenue
and Ashe Road.
Map of Tract No. 3899 and Improvement
Agreement for construction of improvements
therein located northeast of Wilson Road
and White Lane.
Map of Tract No. 3905 and Improvement
Agreement for construction of Improvements
therein - located north of Harris Road and
east of Akers Road.
Map of Tract No. 3950 and Improvement
Agreement for construction of ~mprovements
therein - located north of White Lane and
west of Wible Road.
Notice of Completion and Acceptance of
Work on construction of pavement on Planz
Road between Real Road and Wible Road -
Contract No. 77-138 with Griffith Company.
Notice of Completion and Acceptance of
Work on Street Improvement Plan and Pro-
file on 30th Street with Francis Construc-
tion Company.
Notice of Completion and Acceptance of
Work on construction of Storm Drain in
Planz Road from Real Road to Wible Road
Contract No. 77-110 with W. M. Lyles Co.
Notice of Completion and Acceptance of
Work on improvement of Hughes Lane from
Wilson Road to Ming Avenue - Contract No.
77-92 with Griffith Company.
Notice of Completion and Acceptance of
Work on Street Improvements on a plan
entitled Parcel Map No. 3068, located on
northeast corner of Stine Road and White
Lane - Contract No. 75-96 with Dewey J.
Palla and Gladys C. Palla.
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
in Tract No. 3839, located at southeast
corner of Stockdale Highway and Gosford
Road - Contract No. 77-34 with Tenneco
Realty Development Corporation.
303
Bakersfield, California, October 12, 1977 - Page 7
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
in Tract No. 3840, located at southeast
corner of Stockdale Highway and Gosford
Road - Contract No. 77-35 with Tenneco
Realty Development Corporation.
Notice of Completion and Acceptance of
Work on Street Improvements shown on a
plan entitled "O" Street and 40th Street
with Tenneco Realty Development Corp.
Application for Encroachment Permit from
Glenn Jost, 1617 Cypress Circle, for
construction of 6 foot to 2 foot high
retaining wall 6" behind sidewalk and
in the public right-of-way at the north-
west corner lot of Angela Avenue and
Steven Court.
Application for Encroachment Permit from
Max J. Gradowitz, 318 Chester Avenue,
for construction of canopy on existing
building 10 feet above sidewalk pro-
jecting 4 feet over sidewalk and over
public right-of-way.
Application for Encroachment Permit from
J. T. Nighbert,1234 Chester Avenue, for
construction of three 16" x 16" sidewalk
cutout planters at inside edge of side-
walk and in public right-of-way at 2801
South Chester Avenue.
Application for Encroachment Permit from
Edmond T. McClean, Jr. and Brenda L.
McClean, 2201 Ora Court, for construction
of 6 foot concrete block fence at back of
sidewalk and in public right-of-way along
Angela Avenue.
Plans and Specifications for construction
of the Northwest Bakersfield Drain, Phase
IV.
Plans and Specifications for construction
of a Storm Drain for the Corporation Yard
Facility.
Plans and Specifications for a Sewer Main
in Ming Avenue and the Alley north of Ming
Avenue near Fremont Street.
Resolution No. 94-77 of the Council of
the City of Bakersfield fixing Wednesday,
November 23, 1977 in the Council Chambers
of City Hall as the time and place for
hearing protests by persons owning real
property within territory designated as
"Panama Lane No. 1," proposed to be
annexed to the City of Bakersfield.
3O4
Bakersfield, California, October 12, 1977 - Page 8
(JJ)
Resolution of Intention No. 95-77 to
include within the Greater Bakersfield
Separation of Grade District certain
territory designated as "Panama Lane No.
1," and setting Wednesday, November 23,
1977 in the Council Chambers of City
Hall as the time and place for hearing
objections to the inclusion of said terri-
tory within said District.
(kk)
Resolution No. 96-77 of the Council of
the City of Bakersfield calling a public
hearing on Wednesday, October 26, 1977
in the Council Chambers of City Hall to
determine whether public necessity,
health, safety or welfare require forma-
tion of Divisions 1 and 2 of Underground
Utility District No. 6, within designated
areas.
(li)
Acquisition of property consisting of Lots
3 and 4, Block 332 - southeast corner of
16th and "P" Streets for $35,000 to be
utilized with the Civic Auditorium
operations.
(ram)
Request from Jim Craft, ll01 33rd Street,
for abandonment of a portion of street
located on southwest corner of 33rd Street
and Jewett Lane. (Refer to Planning Com-
mission for study and recommendation)
(nn)
Request from Florence Morgantini, Tony
Cortopassi and Eleanor Cortopassi, for
annexation of property located on south
side of Pacheco Road westerly of extension
of Monitor Street. (Refer to Planning
Commission for study and recommendation)
(oo)
Request from Edwin N. Bookout for annexa-
tion of property located on the north side
of Panama Lane and westerly of Wible Road.
(Refer to Planning Commission for study
and recommendation)
(pp)
Request from John L. Rose, Trades Assist-
ant, for additional 30-day Leave of Absence
Without Pay beginning October 5, 1977 and
extending through November 3, 1977.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa), (bb), (cc),
(dd), (ee), (ff), (gg), (hh), (ii), (jj), (kk), (ii), (mm), (nn),
(oo) and (pp) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
305
Bakersfield, California, October 12, 1977 - Page 9
Action on Bids.
Upon a motion by Councilman Ratty, low bid of Crane
Veyor Corporation for two Bridge Cranes for New Corporation Yard,
was accepted and all other bids rejected.
Upon a motion by Councilman Medders, bid of M. B. Company,
Inc., for two Four Wheel Street Sweepers, was accepted; and Budget
Transfer in the amount of $4,743.28, was approved.
Upon a motion by Councilman Strong, low bid of J. E.
Stanely Company for Standby Air Conditioning System for the
Communications Section of the Police Department, was accepted, the
other bid rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Sceales, low bid of Granite
Construction Company for construction o£ Sanitary Sewer to serve
New Corporation Yard, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, low bids o£ Hoven
and Company for 59 items, Kern Business Forms for 40 items, Graphic
Print Shoppe for 16 items and Hall Letter Shop for 13 items £or
Annual Contract - Printed Forms (128 items), were accepted and the
Mayor was authorized to execute the contracts.
New Business.
Approval of Cooperative Agreement
between the Reclamation Board of the
State of California and the City of
Bakersfield concerning Floodway
Designation in the City of Bakers-
field.
After discussion, upon a motion by Councilman Rogers,
Cooperative Agreement between the Reclamation Board of the State
o£ California and the City o£ Bakersfield concerning Floodway
Designation in the City of Bakersfield, was approved and the Mayor
was authorized to execute same.
Approval of Lease Agreement between
the City and North Bakersfield
Recreation and Park District for
City property adjacent to Kern River,
west of Freeway 99.
3O6
Bakersfield, California, October 12, 1977 - Page 10
This agreement provides the terms and conditions for a
lease on City property adjacent to the Kern River, west of Freeway
99. It is an extension of an existing lease the City assumed when
the river property west of Oak Street was acquired. The property
is being used by the local Archery Club.
Upon a motion by Councilman Ratty, Lease Agreement
between the City and North Bakersfield Recreation and Park District
for City property adjacent to Kern River, west of Freeway 99, was
approved and the Mayor was authorized to execute same.
Approval of Assignment of Contract
for Placement of Bus Benches on City
of Bakersfield's Rights-of-Way.
The Ad-Art Company, current contractor, is requesting
that the contract be assigned to the Bench Ad Company of Maywood,
California. The Bench Ad Company has, in past years, been the
servicing company for benches on City rights-of-way and has done
an acceptable job. If the City Council consents to the assignment,
Bench Ad Company agrees to fulfill all requirements of the existing
contract and make payments to the City as set forth in the agree-
ment. The agreement expires June 30, 1979.
Upon a motion by Councilman Rogers, Assignment of Contract
for Placement of Bus Benches on City of Bakersfield's Rights-of-Way,
was approved and the Mayor was authorized to execute same.
Finance Director to negotiate price
for Model CE-15 MI Spectrum Monitor
for Police Department Electronics
Technician.
Upon a motion by Councilman Medders,
ments were dispensed with, in accordance with
the Municipal Code, and the Finance Director was authorized to
negotiate a price with Kennedy Engineering for a Model CE-15 MI
Spectrum Monitor for Police Department Electronics Technician.
Approval of Contract Change Order
No. 4 to Contract No. 76-79 with
Fred S. Macomber for construction
of Corporation Yard Facilities.
usual bidding require-
Section 5.20.060 of
Bakersfield, California, October 12, 1977 - Page 11
3O7
This Change Order includes adjustment for seven minor
items for the contract performed by Fred S. Macomber. The price
adjustments result in a net reduction to the contract of $802.35,
resulting in a total contract price of $2,064,892.36.
Upon a motion by Councilman Sceales, Contract Change
Order No. 4 to Contract No. 76-79 with Fred S. Macomber for
construction of Corporation Yard Facilities, was approved and the
Mayor was authorized to execute same.
Approval of boundaries for proposed
Street Annexations and authorization
granted to request Board of Super-
visors to initiate proceedings to
annex said County streets to the City.
Upon a motion by Councilman Sceales, boundaries for
proposed Street Annexations were approved; and authorization was
granted to request the Board of Supervisors to initiate proceedings
to annex the following County streets to the City:
1. Portion of Wilson Road between Sandpiper
Road and Akers Road.
2.Chester Avenue from 34th Street to approxi-
mately 100 feet north of West Columbus St.
3. North one-half of Belle Terrace between
Stine Road and approximately 120 feet west
of Fiorito Street.
Approval of Annexation boundaries
designated as Bernard No. 4.
Upon a motion by Councilman Rogers, Annexation boundaries
designated as Bernard No. 4, containing approximately 15 acres of
uninhabited territory, located on the east and west side of Oswell
Street at Bernard Street, were approved and referred to the City
Engineer and City Attorney for submittal to LAFCO.
Hearings.
This is the time set for public hearing before the
Council on the 1977 Weed Abatement Program.
All lots have been posted and owners notified by certified
mail.
308
Bakersfield, California, October 12, 1977 - Page 12
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Strong, Resolution No. 97-77
finding that certain Weeds growing on properties in the City of
Bakersfield constitute a public nuisance and directing the Chief
of the Fire Department to destroy said Weeds, was adopted by the
following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
This is the time set for continued public hearing before
the Council on an appeal by Mrs. Ronald Goertz to the decision of
the Board of Zoning Adjustment regarding Alfred R. Engel's
application for a Modification of an R-1 (One Family Dwelling)
Zone to permit the reduction of the required front yard setback
from the required 25 feet to 23 feet on that certain property
commonly known as 3312 Crest Drive.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. This hearing was continued from the Council Meeting of
September 14, 1977, on request of Mr. Engel.
The Board of Zoning Adjustment considered and approved
Mr. Engel's application for a reduction of the required front yard
setback from 25 to 23 feet to permit the construction of a double-
car garage.
The adjacent property owner, Mrs. Ronald Goertz, is
appealing the decision based on the fact the proposed garage would
project beyond the other garages on this cul-de-sac street.
Mrs. Goertz telephone the City Clerk's Office and stated
that she is ill and unable to attend the meeting tonight and
requested that the hearing be continued until a later date.
Bakersfield, California, October 12, 1977 ~ Page 13
309
Upon a motion by Councilman Christensen, hearing on
appeal by Mrs. Ronald Goertz to the decision of the Board of Zoning
Adjustment regarding Alfred R. Engel's application for a Modifica-
tion of an R-1 (One Family Dwelling) Zone to permit the reduction
of the required front yard setback from the required 25 feet to 23
feet on that certain property commonly known as 3312 Crest Drive,
was continued until November 9, 1977, by the following roll call
Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
This is the time set for public hearing on an appeal by
Cecil E. Shackelford, et al, to the decision of the Board of Zoning
Adjustment regarding Celso Robert Osorio's application for a
Conditional Use Permit to permit the operation and maintenance of
a day care nursery for six (6) children in an R-1 (One Family
Dwelling) Zone, on that certain property in the City of Bakersfield
commonly known as 3030 Spruce Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The Board of Zoning Adjustment considered and approved
the Conditional Use Permit at a public hearing held August 23, 1977~
There were no written or oral objections to the proposed
day care nursery at the time of the public hearing held by the
Board of Zoning Adjustment. Several letters of protest have been
received in the City Clerk's Office.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Cecil Shackelford, 3051 Spruce Street, stated that
the persons who signed the petition would rather not have the day
care nursery center in this area because the 3000 block of Spruce
vote:
Ayes:
310
Bakersfield, California. October 12, 1977 - Page 14
Street is a very small area containing 45 houses on small lots.
Mrs. Brigid Osorio, the applicant, submitted petitions
from residents of the area in favor and persons withdrawing their
names from the original petition objecting to the day care nursery.
Mrs. Osorio answered questions of the Council regarding arrival
and departure of the children.
Mr. Celso Osorio, the applicant, stated that the original[
petition objecting contained 28 signatures and 3 have withdrawn
their names and this is the only day care nursery in the general
area.
Linda Robinson, requested that the Council grant the
permit because she is a working mother and this is the only day
care nursery in the area. It is a misdemeanor to leave children
in the care of an unlicensed person.
No further protests or objections being received and
no one else wishing to speak in favor, the public portion of the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Christensen, Zoning Resolution
No. 255 Granting Conditional Use Permit to permit the operation
and maintenance of a Day Care Nursery for six (6) children on that
certain property commonly known as 3030 Spruce Street, was adopted
by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Ratty
Noes: Councilman Medders
Absent: None
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. 3," proposed to be
annexed to the City of Bakersfield.
This is an uninhabited annexation of 3.0 acres of land
and is located on the north side of Bernard Street between Inyo
and Tulare Streets.
Bakersfield, California, October 12, 1977 - Page 15
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
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 Christensen, Resolution No.
98-77 of the Council of the City of Bakersfield declaring that a
majority protest has not been made to the annexation of "Bernard
No. 3," proposed to be annexed to the City of Bakersfield, was
adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Christensen, Ordinance No.
2374 New Series approving annexation of a parcel of uninhabited
territory to the City of Bakersfield, California, designated as
"Bernard No. 3," and providing for the taxation of said territory
to pay the bonded indebtedness of said City, was adopted by the
following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action of the
Planning Commission to Zone Upon Annexation to a C-2 (Commercial),
or more restrictive, Zone, those certain properties in the County
of Kern located on the north side of Bernard Street, between Inyo
Street and Tulare Street, known as "Bernard No. 3" Annexation.
This hearing has been duly advertised, the property posted
and the property owners have been notified as required by law.
312
Bakersfield, California, October 12, 1977 - Page 16
pation.
portion
action.
This annexation covers approximately three acres, owned
by one owner, and is developed with a boat and marine sales and
service and a six-unit "Bungalow Court."
The proposed zoning is the same as the present County
zoning and would allow basically the same uses. The proposed
zoning is consistent with the Land Use Element of the General
Plan.
A Negative Declaration was posted and published on
August 5, 1977.
The Planning Commission approved the Negative Declaration
and the C-2 zoning, and found the proposed zoning consistent with
the General Plan.
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, Ordinance No.
2375 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
Bernard No. 3 Annexation, finding said zoning consistent with the
General Plan and the Negative Declaration, were adopted by the
following roll call vote:
Ayes:
Noes: None
Absent: None
Councilmen Rogers,
Medders,
Sceales, Strong, Barton, Christensen,
Ratty
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, th/m~was
adjourned at 9:20 P.M. M
AY R~/z~f/the C~ty of Bakersfield, Calif.
ATTEST~~_~,~
CITY_~L~RK and Ex-~ffici'~lerk of the Council
of the City of Bak~ersfield, California
ma
Bakersfield, California, October 26, 1977
313
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., October 26, 1977.
The meeting was called to order by Vice-Mayor Medders
followed by the Pledge of Allegiance and Invocation by Reverend
Clyde Skidmore of the First Southern Baptist Church.
The City Clerk called the roll as follows:
Present: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty
Absent: Mayor Hart, Councilman Rogers
Minutes of the regular meeting of October 12, 1977, were
approved as presented.
Vice-Mayor Medders announced that the hearing on "Union
No. 7" Annexation will be continued until December 14, 1977.
Councilman Sceales announced that the committee report
regarding Fireworks will not be presented until the meeting of
November 9, 1977.
Presentation of Plaque for Heroic Act.
Fire Chief Needham presented a plaque from the Fire
Department to Mr. Joe Sanders for a heroic act in rescuing two
children from a burning home at 320 Kincaid Street on September
29, 1977. Chief Needham also presented a telegram from State
Fire Marshal Phil Favro congratulating Mr. Sanders.
Reports.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 6-77 regarding Rules and
Regulations of the Bakersfield Art Commission, as follows:
In June, 1955, the County of Kern and City of
Bakersfield entered into a joint powers agree-
ment for the construction and operation of the
Cunningham Memorial Art Gallery. The agreement
provided for financial contributions from the
County and Bakersfield Art Association, and
donation of land by the City. After completion
of the building, it would belong to the City.
It also provided for the creation of the Bakers-
field Art Commission to assist the City in the
314
Bakersfield, California, October 26, 1977 - Page 2
operation and management of the building.
This Commission was delegated the responsibility
to formulate reasonable rules and regulations,
subject to the approval of the City Council,
for the use of the building. In 1960, the
City Council approved rules and regulations;
however, the Art Commission feels these rules
and regulations need to be updated (see Attach-
ment #1) to meet the needs of the current
operation of the building. These proposed
rules also provide for the reimbursement of
expenses to the Art Association by using art
organizations that do not pay membership fees
to the Art Association.
Both the Bakersfield Art Commission and members
of this Committee are in agreement with these
rules and regulations and recommend approval.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 6-77 regarding Rules and Regulations
of the Bakersfield Art Commission, was accepted; and Rules and
Regulations of the Bakersfield Art Commission, were approved and
the Mayor was authorized to execute same.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1537 to 1782,
inclusive, in the amount of $501,275.74.
(b)
Claim for Damages from Loma Linda Gonzalez,
803 Lincoln Street, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Damages from Salvadore Refugio
Gonzalez, 803 Lincoln Street, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Damages from Hasan T. Gulersonmez,
1413 Ralston Street, Bakersfield. Refer
to City Attorney)
(e)
Claim for Damages from Cynthia Rodriguez,
Anna Rodriguez and Lamar Rodriguez, 3410
Jade Street, and Yvette Melendez, 819 - 8th
Street. (Refer to City Attorney)
(f)
Street Easement Deed from Vincent J. and
Anita B. Hashim providing additional right-
of-way on Bernard Street at northeast
corner of Bernard Street and Union Avenue.
(g) Storm Drain Easement from Tenneco Realty
Development Corporation for Edgemont Drive.
(h)
Sewer Line Easement from Hubert and Nellie
Ogden and Tomas and Rebecca Avila providing
a portion of right-of-way for pipeline
construction on the Southeast Bakersfield
Treatment Plant Facilities expansion.
Bakersfield, California, October 26, 1977 - Page 3
315
(d),
(e),
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(P)
(q)
(r)
Upon
(f),
Grant Deed from King Pak Farms, Inc. pro-
viding a portion of right-of-way for
pipeline construction on the Southeast
Bakersfield Treatment Plant Facilities
expansion.
Notice of Completion and Acceptance of
Work on street improvements on Ming Avenue,
"O" Street and San Dimas Street - Contract
No. 77-109 with Granite Construction Co.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3792 - Contract No. 77-76
with Highlands Real Estate Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3831 - Contract No. 77-10
with C. Stanley Huth and Helen I. Huth.
Application for Encroachment Permit from
Guadalupe Rodriguez Cruz, 144 Donna Avenue.
for construction of 4-foot high wrought
iron fence with concrete block columns
4½ feet behind curb and in public right-
of-way along southeast corner lot at
Donna Avenue and 2nd Street.
Application for Encroachment Permit from
James Banducci, Banducci Enterprises, 300
New Stine Road, for construction of a
concrete planter, 5 foot wide by approxi-
mately 8 foot high, and two concrete
block planters 2 foot 8 inches (2'8")
high, 15 feet back of curb and approxi-
mately 2 feet with public right-of-way
at northeast corner of Truxtun Avenue and
"F" Street.
Plans and Specifications for Pavement
Improvements on Ashe Road, Ming Avenue,
Gosford Road and University Avenue.
Minute Order setting November 9, 1977,
as the date for hearing an Appeal by
Robert J. Matsumoto to the decision of
the Board of Zoning Adjustment.
Request of Suzannah Milling, Planning
Technician, for 30-day Leave of Absence
Without Pay beginning October 29, 1977
and extending through November 29, 1977.
Map of Tract No. 3912 and Improvement
Agreement for construction of improve-
ments therein - located south of Julian
Avenue and east of Hughes Lane.
a motion by Councilman Ratty, Items (a), (b),
(g), (h), (i), (j), (k), (i), (m), (n), (o),
(c),
(P),
316
Bakersfield, California, October 26, 1977 - Page 4
(q) and (r) of the Consent Calendar,
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong,
Ratty
were adopted by the following
Barton, Christensen, Medders,
None
Councilman Rogers
Action on Bids.
Upon a motion by Councilman Sceales, one bid received
M. Lyles Company for construction of Sanitary Sewer Main
Street,
from W.
in Alley north of Ming Avenue 35 feet + east of Fremont
was rejected and the Finance Director was authorized to
the project.
Upon a motion by Councilman Sceales, one bid received
for Fire Station Electronic Alerting System and Related Parts,
rejected and the Finance Director was authorized to rebid the
project.
Upon a motion by Councilman Ratty, low bid of Sully-
Miller Contracting Company for construction of Northwest Bakers-
field Drain Pump Station Expansion, was accepted, the other bid
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Strong, low bid of P. W.
Everington & Sons, Inc., for sixty-seven pairs of Picnic Table
Frames for the Parks Department, was accepted and the other bid
rejected.
Upon a motion by Councilman Christensen, low bid of
American Bristol Industries, Inc., for furnishing and installing
a Respiratory Air System for the Fire Department, was accepted and
all other bids rejected.
Police Department Electronic Target
Practice System.
Councilman Barton asked if this equipment could qualify
for an L.E.A.A. (Law Enforcement Assistance Administration) grant.
City Manager Bergen stated that there are certain items
that can be funded through L.E.A.A. and the Electronic Target
readvertise
was
Bakersfield, California, October 26, 1977 - Page 5
317
Practice System might qualify, but the City has not participated
in this program or made application for funds.
Councilman Barton stated that he would like the City to
apply for L.E.A.A. funds for this project.
City Manager Bergen stated that he is not familiar with
eligibility, time elements or schedule for application of L.E.A.A.
funds. When an item has been budgeted and funds allocated by the
City a mid-year grant might be very difficult to obtain. There have
been significant changes in the funding and eligibility of the
L.E.A.A. program and since the City has not participated in the
program these statements might not be precise.
Councilman Barton made a motion that usual bidding
requirements be dispensed with, in accordance with Section 5.20.060
of the Municipal Code, the Finance Director be authorized to
negotiate a price with Advanced Training Systems, Inc. for Police
Department Electronic Target Practice System, and the Council
consider taking advantage of funds under the L.E.A.A. program for
Police training projects.
After discussion, Councilman Strong suggested that the
Council act on the motion made by Councilman Barton and request
the staff to provide a report as to what type of grants are
available under the L.E.A.A. program and then the Council might
be in a better position to make a determination as to whether or
not to participate in that program.
Councilman Barton's motion that the usual bidding
requirements be dispensed with, in accordance with Section 5.20.060
of the Municipal Code, the Finance Director be authorized to
negotiate a price with Advanced Training Systems, Inc. for Police
Department Electronic Target Practice System, and the Council
consider taking advantage of funds under the L.E.A.A. program for
Police training project, was unanimously approved.
Bakersfield, California, October 26, 1977 - Page 6
Deferred Business.
Adoption of Ordinance No. 2376 New
Series of the Council of the City
of Bakersfield amending the Munici-
pal Code by repealing Chapter 4.16
and substituting in lieu thereof a
new Chapter 4.16, concerning Procedure
for General Municipal Election.
Upon a motion by Councilman Ratty, Ordinance No. 2376
New Series of the Council of the City of Bakersfield amending the
Municipal Code by repealing Chapter 4.16 and substituting in lieu
thereof a new Chapter 4.16, concerning Procedure for General
Municipal Election, was adopted by the following roll call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Rogers
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 17.60 of the Muni-
cipal Code of the City of Bakersfield
concerning Modifications, Conditional
Use Permits, Text Amendments and Zone
Changes.
This proposed ordinance would substantially revise the
chapter in the Zoning Regulations pertaining to the procedures for
granting Modifications and Conditional Use Permits and for enacting
ordinances making ordinary text amendments and zone changes. The
Planning Commission held a noticed public hearing at its meeting
of October 19, 1977, and recommended adoption of the ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 17.60 of the
Municipal Code of the City of Bakersfield concerning Modifications,
Conditional Use Permits, Text Amendments and Zone Changes.
Bakersfield, California, October 26, 1977 - Page 7
319
Approval of request from Downtown Busi-
ness Association regarding extension
of boundaries of the Downtown Parking
Mall, City Attorney instructed to draft
Ordinance amending Section 11.17.020
of the Municipal Code relative to
boundaries of the Central Parking Mall,
and approval of Budget Transfer for
necessary supplies.
Assistant City Manager Buell stated that the staff has
reacted to a request to extend the Downtown Parking Mall east and
west of the present boundaries on 19th and 20th Streets. The staff
has been meeting with the Downtown Business Association to consider
this request and would make the following report:
DOWNTOWN PARKING MALL
Criteria for Expansion
Periodically requests are received to extend
the Parking Mall in the Downtown area. In an
effort to adequately judge the merits of such
an expansion and to identify potential hazards,
the following criteria are proposed:
Any increase in the Parking Mall should be
restricted t'o areas of high retail store
saturation.
The purpose o£ the mall expansion is to
increase customer parking and is not for
the purpose of owner/employee parking or
to beautify the downtown area.
3. The east and west sides of Chester Avenue
are independent.
4. "L" and "H" Streets are to remain two-way
with parallel parking.
It is not desirable to extend 19th Street
without extending 20th Street. They should
be done as a pair, but any extension must
be continuous.
Before any extension may be considered, a
petition containing the approval of 2/3
of the businesses on the effected streets'
must be completed.
7. The mall should have uniform time limits.
8. "G" and "M" Streets should remain two-way.
9. Any decision made should be on a trial
basis.
Assistant City Manager Buell stated that if it is the
Council's desire to proceed with the expansion of the Downtown
Bakersfield, California, October 26, 1977 - Page 8
Parking Mall the City Attorney should be instructed to draft an
Ordinance for consideration at the meeting of November 9, 1977,
and approve a Budget Transfer, tonight, in the amount of $4,500.00
from the Council's Contingency Fund to the appropriate Public
Works account so the necessary materials can be ordered and on
hand at the time the Ordinance is adopted.
Jacqueline Parish, Executive Director of the Downtown
Business Association, stated that this extension is being requested,
on a trial basis, to increase the parking for customers during the
Christmas season. Mrs. Parish stated that they haven't been able
to complete the petition for the l100 block of 19th Street because
of absentee owners and the Downtown Business Association would be
willing to accept the one block east and two blocks west at this
time.
After a lengthy discussion, upon a motion by Councilman
Barton, the Downtown Parking Mall was extended, on a trial basis,
two blocks west and one block east of Chester Avenue and also the
other block east of Chester Avenue subject to a petition being
submitted signed by two-thirds of the property owners in that block;
the City Attorney was instructed to draft an Ordinance implementing
this extension for consideration at the meeting of November 9, 1977;
and Budget Transfer from the Council's Contingency Fund to the
appropriate Public Works account in an amount necessary to expand
the Downtown Parking Mall, was approved.
Hearings.
This is the time set for public hearing before the
Council to determine whether public necessity, health, safety or
welfare require formation of an Underground Utility District No. 6.
This hearing has been duly posted and utility companies
within the District have been notified.
On October 12, 1977, the Council adopted Resolution No.
96-77 and established October 26, 1977, as the date for public
Bakersfield, California, October 26, 1977 - Page 9
321
hearing on whether public interest requires undergrounding of
public utilities in an area which includes the area along Truxtun
Avenue from "H" Street westerly to the Carrier Canal, west of Oak
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 Sceales, Resolution No. 99-77
of the Council of the City of Bakersfield, State of California,
establishing Underground Utility District No. 6, consisting of
Divisions 1 and 2 thereof, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong, Christensen, Medders, Ratty
None
Councilmen Barton, Rogers
This is the time set for public hearing before the
Council for hearing protests by persons owning real property within
territory designated as "Union No. 7," proposed to be annexed to
the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. This hearing was continued from the Council Meeting of July
25, 1977.
This is an uninhabited annexation containing 11.61+ acres
of land located west of South Union Avenue between Pacheco Road and
Fairview Road.
Upon a motion by Councilman Strong, public hearing before
the Council for hearing protests by persons owning real property
within territory designated as "Union No. 7," proposed to be
annexed to the City of Bakersfield, was continued until Wednesday,
322
Bakersfield, California, October 26, 1977 - Page l0
December 14,
Ayes:
Noes:
Absent:
1977 at 8:00 P.
Councilmen Sceales,
None
Councilmen Barton,
This is the time
M., by the following roll call vote:
Strong, Medders, Ratty
Christensen, Rogers
set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Harris No. 1," 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 32.30+
acres of land located north of and adjacent to Harris Road,
approximately 966 feet east of Stine Road.
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 Sceales, Resolution No.
100-77 of the Council of the City of Bakersfield declaring that a
majority protest has not been made to the annexation of "Harris No.
1," proposed to be annexed to the City of Bakersfield, was adopted
by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Ratty
Noes: None
Absent: Councilmen Barton, Rogers
Upon a motion by Councilman Sceales, Ordinance No. 2377
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Harris
No. 1," and providing for the taxation of said territory to pay
the bonded indebtedness of said City, was adopted by the following
roll call vote:
Bakersfield, California, October 26, 1977 - Page ll
323
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong, Christensen, Medders, Ratty
None
Councilmen Barton, Rogers
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action of the
Planning Commission to Zone Upon Annexation to an R-S (Residential
Suburban), or more restrictive, Zone, that certain property in the
County of Kern located approximately 1000 feet east of Stine Road,
known as "Harris No. 1" Annexation.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This proposed annexation covers a 32.30 acre undeveloped
parcel of land. The owner is proposing to subdivide this property
into 71 one-third acre parcels under R-S zoning. This would be
consistent with the Land Use Element of the General Plan which
depicts this area as low density residential.
A Negative Declaration was advertised and posted on
August 5, 1977.
The Planning Commission approved the Negative Declaration
and R-S zoning, found the proposed zoning consistent with the
General Plan, and recommended approval.
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 Sceales, Ordinance No. 2378
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 "Harris
No. l" Annexation, finding said zoning consistent with the General
Plan and the Negative Declaration, were adopted by the following
324
Bakersfield, California, October 26, 1977 - Page 12
roll call vote:
Ayes: Councilmen
Noes:
Absent:
Seeales,
Ratty
None
Councilman Rogers
This is the time set
Strong, Barton, Christensen, Medders,
for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Wilson Road 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 4.97+
acres of land located on the south side of Wilson Road, 150 feet
west of Actis Road.
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 Sceales, Resolution No.
101-77 of the Council of the City of Bakersfield declaring that a
majority protest has not been made to the annexation of "Wilson
Road No. 3," proposed to be annexed to the City of Bakersfield,
was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Rogers
Upon a motion by Councilman Sceales, Ordinance No. 2379
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Wilson
Road No. 3," and providing for the taxation of said territory to
pay the bonded indebtedness of said City, was adopted by the
325
Bakersfield, California, October 26, 1977 - Page 13
following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty
Noes: None
Absent: Councilman Rogers
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action of the
Planning Commission to Zone Upon Annexation to an R-1 (One Family
Dwelling), and to a C-O-D (Commercial and Professional Office -
Architectural Design), or more restrictive, Zones, affecting those
certain properties in the County of Kern located on both sides of
Wilson Road, east of Stine Road, known as "Wilson Road No. 3"
Annexation.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The proposed annexation contains two parcels with a total
of approximately 4.97 acres of land. Parcel on the south side of
Wilson Road is presently developed with the Italian Heritage Dante
Association Club. Parcel on the north side is undeveloped and
the owner requested C-O zoning. Because of the access, shape,
location and close proximity of commercially zoned property, the
Commission was in agreement, with the application of "D" Design
Overlay to ensure compatible development. These two proposed
zonings would be consistent with the Land Use Element of the
General Plan.
A Negative Declaration was advertised and posted on
August 5, 1977.
The Planning Commission approved the Negative Declaration
and the R-1 and C-O-D zoning, found it consistent with the General
Plan and recommended approval.
Vice-Mayor Medders declared the hearing open for public
participation. No protests or objections being received, the
31),6
Bakersfield, California, October 26, 1977 - Page 14
public portion of the hearing was closed for Council deliberation
and action.
Upon a motion by Councilman Sceales, Ordinance No. 2380
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
"Wilson Road No. 3" Annexation, finding said zoning consistent
with the General Plan and the Negative Declaration, were adopted
by the following roll call vote:
Ayes Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty
Noes None
Absent: Councilman Rogers
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 9:30 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
C T ~I~RK and ]~x-Off~io Clerk of the Council
of t~e City of Bakersfield, California
ma
Bakersfield, California, November 9, 1977
327
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., November 9, 1977.
The meeting was called to order by Vice-Mayor Medders
followed by the Pledge of Allegiance and Invocation by Mr. Don
Minor member of the High Council o£ the Church of Jesus Christ of
Latter-Day Saints.
The City Clerk called the roll as follows:
Present: Councilmen Strong, Barton, Christensen, Medders, Rogers,
Sceales
Absent: Mayor Hart, Councilman Ratty
Minutes of the regular meeting of October 26, 1977, were
approved as presented.
Hearings.
Upon a motion by Councilman Rogers, public hearing on
application by the Planning Commission to amend the zoning boundaries
from within freeway right-of-way to an M-1-D (Light Manufacturing -
Architectural Design), or more restrictive, Zone, affecting that
certain property in the City of Bakersfield lying within State
Route 99 Freeway and located on the northwest corner of Pierce
Road and Rosedale Highway, was continued until Wednesday, November
23, 1977.
Students Participating in Student
Government Day.
Vice-Mayor Medders welcomed and Student Mayor Scott
Whitley introduced the student counterparts for members of the
Council who are participating in the Annual Teenage Student Govern-
ment Day on Wednesday, November 16, 1977.
Council Statements.
Councilman Christensen made a motion that the following
items be deleted from the Consent Calendar;
(g) Grant Deed from Bakersfield Sandstone Brick
Co.
398
Bakersfield, California, November 9, 1977 - Page 2
(v)
Plans and Specifications for site work
for a new Fire Station located at the
northwest corner of Kern Street and Butte
Street. EDA Project No. 07-51-27068, Phase
I.
until such time as the
following questions:
1.
staff submits a report answering the
How was the selection of that property
made?
2. What other sites were considered?
3. Who made the appraisal of the various
sites that were considered?
4. What was the price of each site?
5. Who gave the authority to choose the site?
Was there any Council action brought forth
on that?
6. Why wasn't this important item made a part
of the regular agenda instead of being hid
away on the Consent Calendar?
7. What criteria was used to determine the
suitability of this site?
8.Is it considered routine to purchase a
Fire Station location?
9. Why didn't the Council members receive a
sketch or a map of the area cited verbally?
Vice-Mayor Medders indicated that Items (g) and (v) were
removed from the Consent Calendar at the pre-meeting.
Councilman Christensen questioned why these items were
placed on the Consent Calendar and when was consideration given to
taking them off.
City Manager Bergen stated they should not have been
placed on the Consent Calendar and he considered removing them
late Monday.
Councilman Christensen asked who oversees the agenda
before it goes to press.
City Manager Bergen stated that he looks at and approves
all agenda items, unless he is not present. If he is not present
then one of the Assistant City Managers look it over and give it
to the Clerk for preparation.
Bakersfield, California, November 9, 1977 - Page 3
329
During discussion, Councilman Sceales offered a substitute
motion that a Special Council Meeting be held Tuesday, November 15th
in order to allow staff time to respond to the questions of Council-
man Christensen.
Councilman Rogers suggested that tonight's meeting be
recessed until 5:00 P.M., Tuesday, November 15, 1977.
Councilman Christensen requested that each Councilman
be given the answer to the questions at least one day prior to the
recessed meeting.
City Manager Bergen assured that the information would
be supplied to the Council Monday evening at the latest.
Councilman Sceales withdrew his substitute motion.
Councilman Christensen's motion that Items (g) and (v)
of the Consent Calendar, be deleted; and tonight's Council Meeting
be recessed until 5:00 P.M., Tuesday, November 15, 1977, for a
report from the staff answering the nine questions, was unanimously
approved.
Reports.
Councilman Sceales, Chairman of the Intergovernmental
follows:
At the City Council meeting of July 25, 1977,
the Council referred to this Committee a report
from the Fire Chief discussing property losses
and personal injuries caused by fireworks.
Since that time, this Committee has been in
contact with representatives of the fireworks
manufacturing firms and has had a public
hearing to solicit input concerning the sale
and use of fireworks.
After considering all of the information and
testimony, it is the recommendation of this
Committee that no modifications be made to the
basic intent of the ordinance.
There is one amendment that should be made
because of a recent piece of legislation adopted
by the State of California. An urgency statute,
AB882, forbids the sale of fireworks to anyone
under sixteen years of age. The City of Bakers-
field's code should be amended to reflect this
as
Relations Committee, read Report No. 7-77 regarding Fireworks,
330
Bakersfield, California, November 9, 1977 - Page 4
recent legislation and the attached ordinance
will accomplish this.
It is, therefore, the recommendation of this
Committee that Municipal Code Section 14.40 be
amended only to the extent of limiting the
sale of fireworks to minors.
Upon a motion by Councilman Sceales, Report No. 7-77
of the Intergovernmental Relations Committee regarding Fireworks,
was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending the Table of Sections of
Chapter 14.40, amending Section
14.40.010 and adding Section 14.40.055
of the Municipal Code prohibiting sale
of Fireworks to persons under the age
of sixteen years.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Table of Sections
of Chapter 14.40, amending Section 14.40.010 and adding Section
14.40.055 to the Municipal Code prohibiting the sale of Fireworks
to persons under the age of sixteen years.
City Manager Bergen read a report regarding Bakersfield
Airpark, as follows:
At the Council meeting of August 10, 1977,
the Council authorized the staff to make
application to the Federal Aviation Adminis-
tration for a master planning grant for the
Bakersfield Airpark.
On October 25, 1977, the FAA informed the City
that the grant request has been approved, and
that they have offered us funding in the amount
of $26,280, which represents 90% of the total
amount of the planning effort.
In order to proceed, it is necessary for the
Council to accept the grant offer, and also to
enter into a contract with R. Dixon Speas of
Los Angeles to carry out the plan. The Council
authorized the selection of Speas at the
meeting of July 25, 1977, contingent upon a
grant offer.
It is anticipated that work will begin no later
than December 1, 1977, and that a report be
delivered to the City Council no later than May
l, 1978.
It is therefore the recommendation of the staff
that the following actions be taken:
Bakersfield, California, November 9, 1977 - Page 5
331
(i)
Approve the attached Resolution
the grant offer and authorizing
to execute; and
accepting
the Mayor
(2)
Approve the contract with R. Dixon Speas
Associates and authorize the Mayor to
execute.
Upon a motion by Councilman Barton, report from the
City Manager regarding Bakersfield Airpark, was accepted; and
Agreement with R. Dixon Speas Associates for preparation of an
Airport Master Plan, was approved and the Mayor was authorized to
execute same.
Adoption of Resolution No. 102-77 of
the Council of the City of Bakers-
field accepting Grant offer of U.S.A.
through FAA, in maximum amount of
$26,280 to be used under Project
77-1-A-06-0323-01 for Airport Master
Planning for Bakersfield Airpark.
Upon a motion by Councilman Barton, Resolution No. 102-77
of the Council of the City of Bakersfield accepting Grant offer of
U.S.A. through FAA, in maximum amount of $26,280 to be used under
Project 77-1-A-06-0323-01 for Airport Master Planning for Bakers-
field Airpark, was adopted by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Medders, Rogers,
Sceales
Noes: None
Absent: Councilman Ratty
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1783 to 1935,
inclusive, in the amount of $399,745.95.
(b)
Claim for Damages from Joseph Tushkowski,
c/o Granger & Montgomery, Attorneys at
Law, P.O. Box 459, Delano, California.
(Refer to City Attorney)
(c)
Claim for Damages from James Otis Easton,
302 Francis Street, Oildale, California.
(Refer to City Attorney)
(d)
Two Amended Protective Claims
Telephone & Telegraph Company.
City Attorney)
from Pacific
(Refer to
332
Bakersfield, California, November 9, 1977 - Page 6
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(P)
(q)
(r)
Fence Easement from Tenneco Realty Develop-
ment Corporation for sump fence in Tract
No. 3874 located northwest of Ming Avenue
and Manning Street.
Street Right-of-Way Deed from California
Water Service Company as required for
Tract No. 3950.
DELETED
Sewer Easement from Elmer F. Karpe, Inc.
as required by Tract No. 3912.
Grant Deed from Donald P. Chandler and
Mary Chandler providing sump site at
White Lane and Edith Lane as required
for Tract No. 3722.
Street Easement Deed from Ellis Andrews
providing additional right-of-way on north
side of Harris Road between Marin Street
and Krista Street.
Notice of Completion and Acceptance of
Work on street improvements on Adanac
Mobile Home Park at Stine Road and Planz
Road with Adanac Development Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Parcel Map No. 3673 - Contract No.
77-11 with Tenneco Realty Development
Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3674 - Contract No. 77-32
with Stockdale Development Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3677 - Contract No. 77-32
with Stockdale Development Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3781 - Contract No. 77-33
with Stockdale Development Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3846 - Contract No. 77-59
with Tejon Investment Company, Inc.
Map of Tract No. 3911 "B" and Improvement
Agreement for construction of improvements
therein located north of Ming Avenue
and west of Valhalla Drive.
Map of Tract No. 3927 and Improvement
Agreement for construction of improve-
ments therein located north of White
Lane and west of Akers Road.
Bakersfield, California, November 9, 1977 - Page 7
333
(d) ,
(r),
(e),
s),
(s)
(t)
(u)
(v)
(w)
(x)
(Y)
(z)
(aa)
(bb)
(cc)
Upon
(f),
(t),
Plans and Specifications for construction
of Storm Drain System on "L" Street and
Vernal Place.
Plans and Specifications for improvement
of Chester Avenue between 24th Street
and Garces Circle, FAU Project No.
M-F294(2).
Plans and Specifications for construction
of Curbs and Gutters on various streets
in the Sunset Mayflower District, EDA
Project No. 07-51-22588, Phase I.
DELETED
Plans and Specifications for resurfacing
portions of Baker Street, California
Avenue, 4th Street, Lakeview Avenue and
"P" Street, EDA Project No. 07-51-27066,
Phase I.
Plans and Specifications for construction
of a Storm Drain System from "L" and 4th
Streets to California Avenue and "N" Street,
EDA Project No. 07-51-27067, Phase I.
Request from Michael E. Lewis and Elmer F.
Karpe family for annexation of property
located on the southeast corner of State
Route 178 and Commanche Drive. (Refer
to Planning Cornmission for study and
recommendation)
Request from Everett C. Murray for annexa-
tion of property located on east line of
Real Road, north of Palm Street, south of
Chester Lane and west of Saunders Park.
(Refer to Planning Commission for study
and recommendation)
Request from Tenneco Realty Development
Corporation for abandonment of Planz
Road between Ashe Road and Wilson Road.
(Refer to Planning Commission for study
and recommendation)
Minute Order setting November 23, 1977,
as the date for hearing an Appeal by
Flavia C. Garmargo to the decision of
the Board of Zoning Adjustment.
Agricultural Lease Renewal with Howard
Hamilton for one year for a portion of
the sewer farm on property acquired from
Southern Pacific.
a motion by Councilman Barton, Items (a), (b), (c),
(h), (i), (j), (k), (1), (m), (n), (o), (p), (q),
(u), (w), (x), (y), (z), (aa), (bb) and (cc) of the
334
Bakersfield, California, November 9, 1977 - Page 8
Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers,
Sceales
Noes: None
Absent: Councilman Ratty
Action on Bids.
Upon a motion by Councilman Strong, low bid of General
Seating Company for Park Bench Equipment, was accepted and the
other bid rejected.
After discussion, upon a motion by Councilman Strong,
low bid of R. G. Detmers and Associates for Park Shelters for
Jefferson and Lowell Parks, was accepted and all other bids
rejected. Councilman Sceales questioned the necessity of this
item and voted in the negative on the motion.
Upon a motion by Councilman Rogers, low bid of Griffith
Company for Pavement Improvements on Ashe Road, Ming Avenue,
Gosford Road and University Avenue, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Strong, bid of Granite
Construction Company for Annual Contract for Type "B" Asphalt
Concrete, was accepted and the Mayor was authorized to execute
the contract.
Deferred Business.
Adoption of Ordinance No. 2381 New
Series of the Council of the City of
Bakersfield amending Chapter 17.60
of the Municipal Code of the City of
Bakersfield concerning Modifications,
Conditional Use Permits, Text Amend-
ments and Zone Changes.
Upon a motion by Councilman Strong, Ordinance No. 2381
New Series of the Council of the City of Bakersfield amending
Chapter 17.60 of the Municipal Code of the City of Bakersfield
concerning Modifications, Conditional Use Permits, Text Amendments
and Zone Changes, was adopted by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Strong,
Sceales
None
Councilman Ratty
Barton, Christensen, Medders, Rogers,
Bakersfield, California, November 9, 1977 - Page 9
335
New Business.
Adoption of Emergency Ordinance No.
2382 New Series of the Council of
the City of Bakersfield amending
Section 11.17.020 of the Municipal
Code adding certain streets to the
Central Parking Mall.
Mr. Jack Waters, Manager of Westside Liquors, 1832 - 19th
Street, stated that the proposed expansion of the Downtown Parking
Mall which includes the one block on 19th Street between "F" and
"G" Streets would cause parking problems that would adversely affect
his business and requested that this one block be eliminated from
the expansion proposal.
Assistant City Manager Buell stated that when the original
proposal was brought before the Council, two weeks ago, the Down-
town Business Association indicated that they were trying to get a
petition signed from the l100 blocks (between "M" and "N" Streets)
of 19th and 20th Streets. They have not been successful in gaining
a petition for those blocks and therefore they have been dropped from
consideration at this time.
Councilman Sceales made a motion that the Downtown Parking
Mall be expanded to include one additional block east (between
"L" and "M" Streets) and one additional block west (between "G"
and "H" Streets) of Chester Avenue on 19th and 20th Streets.
Mr. Skip Witham, Witham's TV and Appliance Co. at the
corner of 19th and "G" Streets, requested that the Downtown Parking
Mall be expanded to include 19th Street between "F" and "G" Streets.
Mr. Witham also stated that their largest parking problem, besides
lack of spaces, is that both sides of the street have 2 and 5 hour
parking limits.
Director of Public Works Hawley stated that the parking
limits in this area could be shortened.
During discussion, Councilman Barton offered a substitute
motion that the Downtown Parking Mall be extended, on a trial basis,
an additional two blocks west (between "F" and "H" Streets) and
336
Bakersfield, California, November 9, 1977 - Page l0
Ayes:
Noes:
Absent:
uu~ uluc~ east tue~wew- ar~u ~v~' o~ree~sj of Chester Avenue on
19th and 20th Streets and time limits of 90 minutes be implemented
in these blocks. After a lengthy discussion this motion failed to
carry by the following roll call vote:
Councilmen Strong, Barton, Christensen
Rogers, Sceales
Councilmen Medders,
Councilman Ratty
Councilman Sceales'
Mall be extended to
and "M" Streets) and one additional block west
"H" Streets)
trial basis,
Ayes:
Noes:
Absent:
Abstaining:
(between
of Chester Avenue on 19th and 20th Streets,
carried by the following roll call vote:
Councilmen Strong, Medders, Rogers, Sceales
Councilman Barton
Councilman Ratty
Councilman Christensen
motion that the Downtown Parking
include one additional block east (between "L"
"G" and
on a
Vice-Mayor Medders declared a recess at 9:45 P.M. and
reconvened the meeting at 9:50 P.M.
Upon a motion by Councilman Rogers, Emergency Ordinance
No. 2382 New Series of the Council of the City of Bakersfield
amending Section 11.17.020 of the Municipal Code adding certain
streets to the Central Parking Mall, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers,
Sceales
Noes: None
Absent: Councilman Ratty
Approval of Cooperative Agreement
between the City and State of Cali-
fornia, Business and Transportation
Agency, Department of Transportation
for modification of traffic signals
at the intersection of State Highways
58 and 99 with Pierce Road.
Upon a motion by Councilman Rogers, Cooperative Agreement
between the City and State of California, Business and Transportation
Bakersfield, California, November 9, 1977 - Page ll
337
weight pickup
was approved.
Agency, Department of Transportation for modification of traffic
signals at the intersection of State Highways 58 and 99 with Pierce
Road, was approved and the Mayor was authorized to execute same.
Approval of Budget Transfer for
purchase of two lightweight pickup
trucks with radios for Building
Department Inspectors.
Upon a motion by Councilman Rogers, Budget Transfer from
the Council Contingency Fund to appropriate Automotive and Communi-
cation Accounts in the amount of $10,430 for purchase of two light-
trucks with radios for Building Department Inspectors,
Approval of Right of Entry Agreement
from the Mt. Vernon County Sanitation
District to the City for access to
County property for construction of
pipelines for Southeast Bakersfield
Treatment Plant Expansion.
The agreement provides the City with access to the County
property for construction of pipelines for the Southeast Bakers-
field Treatment Plant Expansion. The County is proceeding with a
permanent easement to the City for the pipelines, which should be
available within 90 days.
Upon a motion by Councilman Rogers, Right of Entry
Agreement from the Mt. Vernon County Sanitation District to the
City for access to County property for construction of pipelines
for Southeast Bakersfield Treatment Plant Expansion, was approved
and the Mayor was authorized to execute same.
Approval of Annexation boundaries
designated as Union No. 8.
Upon a motion by Councilman Barton, Annexation boundaries
designated as Union No. 8, containing approximately 70 acres of
uninhabited territory, located south of Bakersfield Airpark on the
east side of Union Avenue between White Lane and Pacheco Road, were
approved and referred to the City Engineer and City Attorney for
submittal to LAFCO.
338
Bakersfield, California, November 9, 1977 - Page 12
Authorization for Finance Director
to negotiate a price with Haber£elde
Ford for furnishings and fixtures
for New Corporation Yard.
Haberfelde Ford is now occupying its new facilities and
in the move has surplused some furnishings and fixtures in their
old buildings that can be utilized at the New Corporation Yard.
The City has already acquired the buildings and Haberfelde has
indicated a willingness to negotiate a price for some of this
equipment. By dealing in this manner a considerable savings may
be realized, Funds for this type of furnishings are available
within this year's budget.
Upon a motion by Councilman Rogers, the Finance Director
was authorized to negotiate a price with Haberfelde Ford for
furnishings and fixtures for New Corporation Yard.
Hearings.
This is the time set for continued public hearing before
the Council on an Appeal by Mrs. Ronald Goertz to the decision of
the Board of Zoning Adjustment regarding Alfred R. Engel's appli-
cation for a Modification of an R-1 (One Family Dwelling) Zone to
permit the reduction of the required front yard setback from the
required 25 feet to 23 feet on that certain property commonly known
as 3312 Crest Drive.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. This hearing was continued from the Council Meeting of October
12, 1977, due to illness of Mrs. Goertz.
The Board of Zoning Adjustment considered and approved
Mr. Engel's application for a reduction of the required front yard
setback from 25 to 23 feet to permit the construction of a double-
car garage.
The adjacent property owner, Mrs. Ronald Goertz, is
appealing the decision based on the fact the proposed garage would
project beyond the other garages on this cul-de-sac street.
Bakers£ield, California, November 9, 1977 - Page 13
339
Vice-Mayor Medders declared the hearing open for public
participation.
Mr. Alfred Engel stated he was doing everything possible
not to interfere with Mrs. Goertz's view and requested that the
modification be granted.
No protests or objections being received and no one else
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Rogers, Zoning Resolution
No. 256 Granting Modification of the Land Use Zoning Ordinance of
the City of Bakersfield to allow a reduction of the required front
yard setback from 25 feet to 23 feet in order to construct a double-
car garage on that certain property commonly known as 3312 Crest
Drive, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers
Noes: None
Absent: Councilmen Ratty, Sceales
This is the time set for public hearing before the
Council on an Appeal by Mr. Robert J. Matsumoto to the decision of
the Board of Zoning Adjustment concerning his application for a
Mod~ation of an R-1 (One Family Dwelling) Zone to allow tandem
parking for the required off-street parking on that certain
property commonly known as 5816 Appletree Lane.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The Board of Zoning Adjustment considered and denied Mr.
Matsumoto's application to retain a converted garage used as a
temporary sales tract office as living area and provide tandem
parking between the north property line and the dwelling.
Vice-Mayor Medders declared the hearing open for public
participation.
340
Bakersfield, California, November 9, 1977 - Page 14
Mr. Amos Kleinsasser, representing Robert J. Matsumoto,
stated that what they are requesting is not unreasonable and the
alternative to the tandem parking would be more detrimental to the
property.
City Attorney Hoagland stated that, generally, in new
subdivisions a Conditional Use Permit is requested to utilize a
garage as a sales office until all dwellings are sold. The house
containing the tract office is not supposed to be sold until it
has been converted back into a garage and sometimes they are not
and innocent people are caught up in it. The Board of Zoning
Adjustment has been considering this for sometime because it
happens with alarming frequency in new tracts. The Board of Zoning
Adjustment feels it is a detriment to the other property owners
who bought their homes with off-street parking provided. If the
Council approves this request there will be very little reason for
not allowing other persons in that subdivision to convert garages
into living areas with tandem parking, as is being requested in
this case.
No protests or objections being received and no one else
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Christensen, Zoning Resolution
No. 257 Denying Modification of the Land Use Zoning Ordinance of
the City of Bakersfield to allow Tandem Parking for the required
off-street parking on that certain property commonly known as 5816
Appletree Lane, was adopted by the
Ayes: Councilmen Strong, Barton,
Noes: Councilman Rogers
Absent: Councilmen Ratty,
This is the time
following roll call vote:
Christensen, Medders
Sceales
set for public hearing on application
by Fred L. Jones to amend the zoning boundaries from an "A"
(Agricultural) Zone and a C-2-D (Commercial - Architectural Design)
Zone to an M-1 (Light Manufacturing), or more restrictive, Zone,
Bakersfield, California, November 9, 1977 - Page 15
341
affecting those certain properties in the City of Bakersfield
located on the east side of Burr Street at the extreme south end,
between the Cross Valley Canal and the Kern River.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject property, as advertised, contains approximately
17.5 acres of undeveloped land located south and southwest of the
Hilton Hotel complex.
The City is interested in buying a portion of subject
property located within the river channel and Mr. Jones is agree-
able to selling. Accordingly, the Planning Commission recommended
the rezoning of subject property located north of the Flood Plain
Primary line to M-1-D-FP-S and M-l-D, as per official map on file
in the Planning Department.
There was no one present at the Planning Commission
hearing in opposition to the zone change.
A Negative Declaration was advertised and posted on
September 23, 1977.
Vice-Mayor Medders declared the hearing open for public
participation. Mr. Fred L. Jones, the applicant, was present to
answer questions of the Council.
received, the public portion of
deliberation and action.
No protests or objections being
the hearing was closed for Council
Upon a motion by Councilman Rogers, Ordinance No. 2383
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 east
side of Burr Street at the extreme south end, between the Cross
Valley Canal and Kern River, finding the M-1-D-FP-S and M-1-D
342
Bakersfield, California, November 9, 1977 - Page 16
zoning consistent with the General Plan,
tion,
Ayes:
Noes:
Absent:
Council,
November 15,
and the Negative Declara-
were adopted by the following roll call vote:
Councilmen Strong, Barton, Christensen, Medders, Rogers
None
Councilmen Ratty,
Sceales
Recess.
There being no further business to come before the
the meeting was recessed at 10:25 P.M., until Tuesday,
1977 at 5:00 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
C~K ~a~n~ x-~
CITY Clerk of the Council
of the/City of Baker~ield, California
ma
Bakersfield, California, November 15, 1977
343
Minutes of a recessed meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:00 P.M., November 15, 1977.
Present:
Absent:
The meeting was called to
The City Clerk called the
Mayor Hart. Councilmen
None
Reports.
order by Mayor Hart.
roll as follows:
Strong, Barton, Christensen,
Medders, Ratty, Rogers, Sceales
City Manager Bergen read a report and made comments
regarding Fire Station Site Acquisition, as follows:
City Manager Bergen stated that it seems everything
connected with the Local Public Works Employment Act funds has
been done with very restrictive time constraints and the report is
no exception. In order to answer the Council's questions, completely
and briefly as possible, the Fire Chief and Public Works Director
have been asked to prepare memorandums incorporating and answering
questions asked by the Council last week. As the report is being
read reference will be made to these memorandums and in some places
they will be quoted.
The following report is submitted in response
to questions by the City Council relative to
property acquisition for a new fire station
site at Butte Street and Kern Street.
Under normal circumstances, the time element
for site acquisition of this nature would have
allowed more time for the preparation of
detailed reports. Those reports would consider
the following steps which require separate
Council actions:
(1) Determination of need
(2) Site selection
(3) Allocation of funds
(4) Authorization to purchase site
Because of the use of grant funds under the
Public Works Act and the time constraints
imposed for the use of those funds, the normal
time span has been substantially compressed.
344
Bakersfield, California, November 15, 1977 - Page 2
The above-mentioned steps were followed but
separate reports were not prepared.
City Manager Bergen stated that in some instances several
of the above actions were approved at one meeting.
The following are my responses to the specific
questions:
(1) How was the selection of that property
made?
(Item No. 1 from the Fire Chief's memo
addresses this question)
"The selection of property for the fire
station relocation project in the
eastern sector of this City is based
on several factors, which are:
The site should meet the criteria
for minimum emergency response
times, as was determined through
the PTI fire station location
survey, as closely as possible.
Access barriers to all areas of
the initial response districts and
alternative routes are a prime
factor for site location determina-
tion. The Santa Fe and Southern
Pacific railroad tracks are the
specific problem within the response
district in question."
Mr. Bergen stated the answer to Question No. 7 will help
clarify the answer to Question No. 1.
(2) What other sites were considered?
Mr. Bergen referred to a map on the wall showing
all available property.
(Item Nos. 4, 5, 6 & 7 from the Public
Works Director's memo addresses this
question)
"Property Number One~ To meet the EDA
time restrictions, it would be necessary
to purchase property without getting
involved with relocations of residents
or without condemnation. From aerial
photos it was determined that few sites
were available. The most promising
site was at the southwest corner of
Gage and Chico Streets. The pastor of
the church who owned the property
indicated that the church would con-
sider selling. On this basis the
property was shown in the application
Bakersfield, California, November 15, 1977 - Page 3
345
submitted to EDA on August 24, 1977.
For grant purposes a value of $60,000
was arrived at by informal discussions
with the appraiser. After receiving
a grant offer from EDA, the City asked
for a firm commitment from the church
to sell. About October 5th, after a
church board meeting, the pastor said
the church was no longer interested
in selling.
Alternate Properties: After the first
property became unavailable, the Fire
Chief and I reviewed the aerial photos
again and came up with two locations
in the general area that could be
acquired - one at the northwest corner
of Butte and Kern and one at the
southeast corner of Dolores and Miller.
Butte and Kern Property: This property
covers an entire block and is owned by
Sandstone Brick Company. The owners
indicated they would split the property
and sell a part to the City. On this
basis I requested the appraiser to
appraise a site 150' x 250' After
investigation and analysis, the
appraiser gave a value of $56,250 for
this parcel.
Dolores and Miller Property: This prop-
erty has about 60,000 square feet and
is owned by Albert and Marjorie Lum.
The property is listed for sale and
we were told the asking price is
$60,000."
(Item No. 2 from the Fire Chief's memo
addresses this question)
"The original site, bounded by East
California and Chico between Owens
and Gage Streets, was considered due
to its available space, configuration,
location and access routes to other
areas, although its location was more
south than desired. The City appraiser
approached the pastor of the church
which owned the property who initially
indicated that the property may be
available. The appraiser then inves-
tigated other vacant property with
regard to its size, location and
availability. The large, vacant
parcel of land on the south side of
East California between South Owens
and Robinson Street is not suitable
due to its southerly location and
configuration. The policy of con-
structing fire stations on main streets
within this City has ceased due to
heavy traffic causing response delays
and undue danger to the public and
firemen. The property at Dolores and
346
Bakersfield, California, November 15, 1977 - Page 4
Miller is not a potential site due to
its northern sector of the response
area. All other vacant property with-
in the area was not large enough."
(3) Who made the appraisal of the various sites
that were considered?
Mr. Bergen stated there was an informal appraisal
made of the original site, a formal appraisal made of the Butte
and Kern Streets site, and the Dolores and Miller Streets property
is a listed price.
(Item No. 3 from the Public Works Director's
memo addresses this question)
"Appraisers: The City does not have its
own appraisers. Whenever appraisal
service is needed, the City uses one
of the licensed appraisers who have
business licenses with the City.
During the last six months we have
used the services of four different
appraisers. In this particular case
we obtained the services of Egan Gost
& Associates."
(4) What was the price of each site?
Mr. Bergen stated that the memorandum from the Public
Works Director addressed the price of each site. The original
site (informal appraisal) was $60,000; the second site, Butte and
Kern Streets (formal appraisal), was $56,250; and the third site,
Dolores and Miller Streets, was for sale for $60,000 (no appraisal).
Another property, located south of California Avenue between Owens
and Robinson Streets, was looked at but the Fire Chief did not
consider it suitable under any circumstances and no appraisal was
made.
(5)
Who gave the authority to choose the site?
Was there any Council action brought forth
on that?
The City Council upon the recommendation
of the staff concurred in the need for a
new fire station which would consolidate
two existing stations and gave preliminary
approval of a tentative site on August 24,
1977 (see attached Map #1). The site
which had been chosen and submitted with
the grant application was determined at
a later date not to be available. The
Bakersfield, California, November 15, 1977 - Page 5
347
(6)
(9)
(7)
staff then began to look at other sites
in the general area. A more detailed
discussion will be presented in the memos
from the Fire Chief (paragraph 5) and
Director of Public Works (paragraph 9).
(Item No. 5 from the Fire Chie£'s memo
addresses this question)
"The Fire Chief recommended to the City
Manager the site in question, based on
the criteria developed from the PTI
survey. The recommended site is not
the optimum location to build a fire
station. It is, however, the only
vacant property available closest to
the area designated by PTI with access
routes across, under and over the
railroad tracks to the northern section
of the area to be protected by this
station. Ultimate authority to pur-
chase property for any City facility
must be granted through Council
action."
(Item No. 9 from the Public Works Director's
memo addresses this question)
"Purchase: On October 12th the Council
authorized the staff to proceed with
the new Fire Station project and
approved the land acquisition using
funds budgeted for a Fire Training
Facility. The EDA has a deadline of
December 30th to begin construction
on the fire station. To meet this
deadline, our schedule showed November
9th as the date plans and specifica-
tions needed to be approved. Since
the plans and specs include site work
and location, we have proceeded with
the site acquisition by opening escrow
on October 28th. The property deed
and site location plan was presented
to the Clerk for the November 9th
meeting."
Why wasn't this important item made a part
of the regular agenda instead o£ being
hidden away on the Consent Calendar?
Why didn't the Council members receive a
sketch or a map of the area cited verbally?
These items should have been included on
the regular agenda and a sketch of the
proposed site should have been provided.
What criteria was used to determine the
suitability of this site?
(Item No. 7 from the Fire Chief's memo
addresses this question)
348
Bakersfield, California, November 15, 1977 - Page 6
"As previously stated, the PTI fire
station survey is the system and
method through which the actual site
was chosen. The criteria is infor-
mation based on time responses after
being analyzed by the computer system.
The location recommended by PTI for
the fire station site is Owens and
Eureka Streets. This site is at the
easterly limit based on access routes
to the northern sector of the response
area. There is no property at or
close to this particular location
without going through condemnation
procedures. The fire station site
chosen is an alternative based on
available vacant land closest to Owens
and Eureka with access capability to
the north."
(8)
Is it considered routine to purchase a
fire station location?
It is not routine to purchase fire station
sites, but is rather a very carefully
followed set of steps and the Council
would give its approval and authority
after the deteminations (steps (1) through
(4)) which I mentioned above had been
made. With such approval, the mechanics
of the purchase could be considered
routine.
Mr. Bergen stated there are a number of other actions
required by the staff and Council that were not enumerated in
the report. For example, the Council had to retain an Architect
for the design and this was done by Council action on September
14, 1977. It was not included in the report because it was an
item that supplements the four basic steps that the Council would
have to decide. After the Council made a determination of need
and tentative site selection, at the meeting of August 24th, there
was a lengthy verbal report made by the Fire Chief on the need and
PTI study. At that time the Fire Chief indicated it would be
followed up with a memorandum, which was submitted to the Council
on October 7th. Allocation of funds and authorization to purchase
the original site was included in the report made on October 12th
and formally acted on by the Council at that time.
Fire Chief Needham answered questions of Councilman
Christensen regarding the Public Technology Incorporated (PTI)
fire station location survey.
Bakersfield, California, November 15, 1977 - Page 7
349
Councilman Christensen questioned the staff's recommenda-
tion that the Butte and Kern Streets property containing 37,500
square feet at a price of $56,250 be purchased for the new fire
station site rather than the Dolores and Miller Streets property
containing 60,000 square feet at a price of $60,000.
Councilman Strong stated, for the record, the ownership
of the Kern and Butte Streets property is not the subject of his
questions or comments because it does not make any difference who
owns the property. He was concerned because it was placed on the
Consent Calendar without any explanation.
Councilman Strong asked, if the Council ultimately felt
that the site for the new fire station was not acceptable, what
use could be found for the $539,000 within the meaning of the
mandates of the grant. He further questioned the staff regarding
EDA allowing an alternate use or requesting an extension of time
on this portion of the grant.
Councilman Strong stated that he hoped the Council would
wait until the next Council Meeting before making a determination
and at that time it will be definitely known whether or not the
money can be used for something else and for the fire stations to
remain open pending further study and recommendation. He would
like to have an EDA official, not a representative, make the final
determination on the City's application. The City should do every-
thing possible to retain the grant money but he is not satisfied
with the present location and within a week a better location
could be found.
Councilman Sceales made a motion that the funds from
EDA for the new fire station be returned. This motion failed to
carry by the following roll call vote:
Ayes: Councilmen Rogers, Sceales
Noes: Councilmen Strong, Barton,
Absent: None
Christensen, Ratty
Abstaining: Councilman Medders
3;50
Bakersfield, California, November 15, 1977 - Page 8
Councilman Strong made a motion that whereas the original
owners of the fire station site changed their minds about selling
the property described in the City's application, and whereas the
present sites that are available appear to be unacceptable to the
majority of the Council, at this time, that the staff contact the
proper EDA officials and attempt to determine whether or not the
uses for this portion of the money can be altered or that the
time limit can be extended for determining a more suitable site.
This motion carried by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Ratty,
Noes: Councilmen Medders, Sceales
Absent: None
Adjournment.
There being no further business
Council, upon a motion by Councilman Ratty,
adjourned at 6:15 P.M.
Rogers
to come before the
the meeting was
Calif.
ATTEST:
CITY nd e~k of the Council
of th& City of Bakerq~ield, California
ma
Bakersfield, California, November 23, 1977
351
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., November 23, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. William R. Butler
member of the High Council of the Church of Jesus Christ of Latter-
Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Barton, Christensen, Medders,
Ratty, Rogers, Sceales, Strong
Absent: None
Minutes of the regular meeting of November 9, 1977 and
recessed meeting of November 15, 1977, were approved as presented.
Scheduled Public Statements.
Councilman Strong stated that there is a large black
audience here tonight to express their concern regarding an inci-
dent that took place at a Bakersfield College dance on Saturday,
November 12, 1977, between the Bakersfield Police Department and
persons attending the dance. Councilman Strong, with the aid of
a diagram of the cafeteria where the dance was held, questioned
the following persons who were at the dance:
Richard Robinson, student at Bakersfield College, ex-
plained what happened during the time the fight broke out between
two persons attending the dance and incidents immediately following
the fight.
Lester Alexander explained what happened after the fight
had been broken up and th£ crowd disbursed.
Jacquelin Radcliffe, who is pregnant, explained how she
was knocked down when the crowd was running outside and also stated
that one of the boys was handcuffed and being beaten.
Lester Anthony stated that following the incident at the
college he and Jerry Roberts talked to a College Official who
appeared to be sympathetic; then they talked to persons in the
352
Bakersfield, California, November 23, 1977 - Page 2
Police Department and were criticized and told the Police Depart-
ment was not interested in what they had to say.
Anthony Hodge, 13 years old, explained how he was hit
in the shoulder by a Policeman with a baton and showed the scar
to the Council.
Councilman Strong stated that there are several persons
who were severely beaten in this incident, but the case is in
litigation and it would obviously jeopardize their case if they
testified tonight. Councilman Strong then called Darryl Jenkins
so the Council could observe his size and the wound on his fore-
head that required six stitches; and Maricia Alexander showed the
Council the marks on her wrists left by the handcuffs.
Robert Reader, Bakersfield College Instructor, stated
that he was instructed by a Police Officer to "turn the dance out"
because the Police were now in charge and would override his
decisions. Mr. Reader stated his only concern was to inform the
kids because he knew what was coming.
Councilman Strong then outlined the events that led up
to the dance being closed down and the pandemonium that took place
thereafter.
Mr. Ralph Anthony stated that the Police Department's
irresponsible acts are of grave concern to the citizens of Bakers-
field and reminded the Council of a similar incident that took
place at the Teen Center on July 23, 1969, which was brought to
the Council's attention at that time and ignored. Mr. Anthony
stated that they expect the Council to move effectively and swiftly
and if corrections are not made "the blood will not be on my hands
and you won't be able to wash your hands like Pontius Pilot did
with Jesus Christ."
Reverend Ishmael Kimbrough, Jr., Pastor of the Peoples
Missionary Baptist Church, 1525 Madison Street, stated they are
present tonight to vehemently protest the utter blatant and totally
irresponsible actions of the Policemen who took part in this tragic
Bakersfield, California, November 23, 1977 - Page 3
transgression of personal dignity which was so graphically delineated
tonight by the offended and concerned. Reverend Kimbrough further
stated that they expect the Council to take all necessary and
expeditious actions to eliminate the salient disregard to the
basic intent of authority.
Councilman Rogers stated that the Council has only heard
one side of the story tonight and in order to render a fair recom-
mendation or decision both sides must be heard and a lot of questions
answered.
Councilman Christensen stated that this Council has to
take affirmative action and it is only fair that the Council hoar
from the Police Chief and have everything documented and proven.
After hearing that report maybe the Council should entertain an
outside investigation because if the things brought forth tonight
are true they can only lead to unlimited trouble in the future.
If this group is wrong they should take the consequences and if
the Police Department was wrong they should take the consequences.
Councilman Barton stated that he wanted the group present
tonight to know that he heard the message they were trying to put
forth.
Councilman Strong made a motion that by the Council
Meeting of December 14, 1977, the staff provide the Council with
a comprehensive and thorough examination and investigation of all
segments of the incident at Bakersfield College on Saturday,
November 12, 1977, including a recommendation of what they plan to
do. This motion carried by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Noes: None
Absent: None
Upon a motion by Councilman Strong a brief recess was
called at 9:40 P.M., and the Council reconvened at 9:50 P.M.
354
Bakersfield, California, November 23, 1977 - Page 4
Stefan Reinke, Bakers£ield College Associated Student
Body President, read a prepared statement endorsed by the student
body, as follows:
"The participation of the Associated Student
Body in sponsoring the dance November 12, 1977,
is consistent with past policy in conjunction
with off-campus organizations who wish to use
our facilities. The Associated Student Body
is deeply concerned of the unfortunate and
unnecessary incident at that dance as well as
advert and inaccurate impressions the com-
munity might have in regards to future student
activities because of the degree of publicity
for which it was received.
The Associated Student Body would like to
thank the City Council for taking the time to
address this matter. We feel that this
incident is not typical of activities
sponsored by the students. However, because
of this incident we feel the need to review
the governing policies and regulations to
public dances and student activities. Most
importantly, the Associated Student Body is
determined to take preventive measures in
order that incidents of this nature will not
exist on our campus. It is the position of
student leadership that students must be in-
formed of the truth in situations of this
nature and we welcome this formal communication
in hopes that the Council will take positive
steps towards investigating this situation.
However, we feel that the Bakersfield Police
Department should continue their investigation
and also this body in total cooperation with
the administration of Bakersfield College. We
would again offer the student leadership in
this matter.
I would like to conclude by stressing the fact
that any solutions of a given problem at
Bakersfield College will most effectively be
derived in total cooperation and communication
in accordance with the standards of the college
that it is designed to perpetrate, an educa-
tional purposes for all concerned."
Mr. Reinke, speaking for himself and as a student of
Bakersfield College, stated that the Associated Student Body did
not come here to judge anyone and it makes him very happy to see
the action taken by the Council. The students need to know the
truth in this situation and he feels the Council will give them
that.
Bakersfield, California, November 23, 1977 - Page 5
355
Councilman Christensen stated that there are several
members of the 2nd Ward who would like to speak against the closing
of Fire Station No. 2, located at 716 East 21st Street, because it
will greatly impair the protective ability of the Baker Street
commercial and industrial area and adjoining territory, as well as
increase their insurance rates.
Mr. Richard Adams, President of the East Bakersfield
Progressive Club and businessman on Baker Street, submitted a
petition signed by 40 merchants on Baker Street and the surrounding
area, protesting to the closing of Fire Station No. 2 because the
new station would be on the other side of another set of railroad
tracks and response time would not be adequate. The businesses
on Baker Street are not large operators and if they should have a
fire most persons would be wiped out. Fire Station No. 2 provides
very adequate fire protection for this area.
Mr. Richard Lemucchi, owner of Tejon and Granada Theaters,
protested to the closing of Fire Station No. 2 for the same reasons
stated by Mr. Adams.
Mr. Wally Tucker, owner o£ Wally Tucker Datsun at Baker
and 19th Streets, stated that Fire Station No. 2 is in an excellent
location for the businesses in the area and protested its closing
for a new station that would be located across a second set of
railroad tracks. Mr. Tucker suggested that the Council not accept
the Federal funds and leave the fire stations where they are now
located.
Mr. Robert O. McCoy, Robert O. McCoy Real Estate and
representing A1 and Marjorie Lum owners of property located at the
corner of Dolores & Miller Streets, stated this property can be
acquired for the same price as other available property and it
would be two or three or times more space than necessary for a
fire station which could be resold to recoup some of the costs.
Mr. Fred Shaffer, 1027 Baker Street, stated that they
have had a fire and the Fire Department responded very quickly
356
Bakersfield, California, November 23, 1977 - Page 6
and their business was not completely destroyed. He further stated
that no one in this area has commented in favor of changing the
location of Fire Station No. 2 and he felt a more indepth study
should be made.
Councilman Christensen made a motion that Fire Station
No. 2, located at 716 East 21st Street, be kept open.
Councilman Sceales offered a substitute motion that
Fire Stations No. 2 and 6 be left where they are and the funds be
returned to the Federal Government.
During discussion Councilman Ratty stated that the
Council should be aware that next year a provision must be made
to build a new fire station in the southwest. One of the reasons
for recommending consolidation of Fire Stations No. 2 and 6 was
to free a crew to man the new southwest station without having to
hire additional personnel.
Councilman Barton asked the City Manager, based on calls
to Fresno and Washington, if it would be permitted to use the funds
in other areas.
City Manager Bergen quoted a sentence from the Public
Works Director's memo dated November 21, 1977, as follows:
"I was unable to get a firm commitment from EDA,
however, I did get the impression that if there
was just cause, EDA would give a time extension
of a week or so but not a month or more. I was
not given any hope that EDA would approve a new
project."
Mr. Bergen stressed that it is his and Public Works
Director Hawley's opinion that the Federal Government would not
approve a new project, however, it is recommended that the Council
make the application for a new project. It is impossible to out-
guess the Federal Government and the City should try to utilize
these funds.
Councilman Barton urged the Council to consider sub-
mitting application for a new project rather than just arbitrarily
letting the funds go back to the Federal Government.
Bakersfield, California, November 23, 1977 - Page 7
357
Councilman Strong stated that the Fire Department has
made a very worthwhile assessment of the needs in the area of
Fire Station No. 6, located on the corner of King Street and
Brundage Lane, which is on the very edge of the City. Tulare and
Alpine Streets would make an ideal location for a new station
because response times would be more effective. The owners of
the site, Bakersfield Sandstone Brick Company, indicated it is
available for purchase.
Councilman Rogers suggested that this problem be given
back to the expert, Chief Needham, and let him come back with a
recommendation.
Councilman Sceales' substitute motion that Fire Station
No. 2 and 6 be left where they are and the funds be returned to
the Federal Government, failed to carry by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Rogers, Sceales
Councilmen Barton, Christensen, Ratty, Strong
None
Councilman Christensen's motion that Fire Station No. 2,
located at 716 East 21st Street, be kept open, carried by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Ratty, Strong
Noes: Councilmen Medders, Rogers
Absent: None
Abstaining: Councilman Sceales
Councilman Sceales abstained from voting because he has
a business in East Bakersfield.
Councilman Barton made a motion that the question of the
use of the grant funds for a fire station be referred back to the
staff for further study and recommendation as to where it should
be spent.
Councilman Strong made a substitute motion that the idea
of the use of the grant money be referred to staff for study and
358
Bakersfield, California, November 23, 1977 - Page 8
recommendation,
ment refuses to grant an extension or if they refuse to
alternate uses that the staff proceed with the purchase
located on the corner of Tulare and Alpine Streets; and
authorized to move ahead with building of that new fire
with the understanding that if the Federal Govern-
allow
of a site
then be
station
with the understanding that upon its completion Fire Station No.
6 will be closed. This motion failed to carry by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Strong
Councilmen Barton, Medders, Ratty, Rogers, Sceales
None
City Manager Bergen stated that the staff would not be
Upon communication from
Warner Cable of Kern County, dated November 4, 1977, and Bakers-
field Cable TV, Inc., dated November 16, 1977, requesting that
cable television rates be deregulated in the City of Bakersfield,
was received and referred to staff for report by December 21, 1977.
Upon a motion by Councilman Sceales, communication from
the Kern Chapter of the California Council of Civil Engineers and
Correspondence.
a motion by Councilman Rogers,
able to recommend the purchase of a fire station site that close
to another fire station, because it is not economical to have two
sites that close together. The staff would recommend that the
Council make application to expand the present projects, such as,
street improvements, curbs and gutters, and storm drains.
Councilman Barton's motion that the question of the use
of the grant funds for a fire station be referred back to the
staff for further study and recommendation as to where it should
be spent, carried by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Noes: None
Absent: None
Bakersfield, California, November 23, 1977 - Page 9
359
Land Surveyors, 2323 "E" Street, dated November 16, 1977, compli-
menting the City of Bakersfield for contracting with local
consultants for engineering and design functions and also thanking
the Council for "trying Kern County first," was received and
ordered placed on file.
Upon a motion by Councilman Sceales, communication from
students of Carden School, dated November l, 1977, regarding
street signs in the City of Bakersfield, was received and referred
to staff for action.
Upon a motion by Councilman Ratty, communication from
the Downtown Business Association, dated November 21, 1977,
appealing to the Council to take direct action to remove signs
from a downtown hotel, was received and ordered placed on file.
Councilman Christensen made a motion that action be
taken on the Consent Calendar and Hearings, and then recess this
meeting and take'~ction on the rest of the Agenda Monday, November
28, 1977 at 8:00 P.M.
Councilman Rogers offered a substitute motion that the
Consent Calendar and Hearings be acted upon first and then continue
with the rest of the Agenda. This motion was approved.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1936 to 2127,
inclusive, in the amount of $209,973.78.
(b) Claim for Damages from Sandra Bays and
Joel D. Mack, M.D., dba "SHE," 15 Chester
Avenue, Bakersfield. Refer to City
Attorney)
(c) Claim for Personal Injuries from John
Gilbert Chavaria, 2305 Lomita Verde,
Bakersfield. (Refer to City Attorney)
(d) Planter Easement from Tenneco Realty
Development Corporation for landscaping
along north side of White Lane east of
Wilson Road.
(e) Map of Tract No. 3944 and Improvement
Agreement for construction of improve-
ments therein - located at northwest
corner of Stine and Planz Roads.
360
Bakersfield, California, November 23, 1977 - Page 10
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
Map of Tract No. 3984 and Improvement
Agreement for construction of improve-
ments therein located west of McDonald
Way and south of Belle Terrace.
Improvement Agreement for Parcel Map No.
4255, as required by the Planning Com-
mission, with Mary D. Maretich, Christopher
Louis Maretich and Lori Ann Maretich.
Improvement Agreement for Parcel Map No.
4342, as required by the Planning Com-
mission, with Tenneco Realty Development
Corporation.
Notice of Completion and Acceptance of
Work on water line in Grissom Street
between District Boulevard and White
Lane - Contract No. 77-143 with G. C. A.
Drilling and Blasting.
Application for Encroachment Permit from
Ray Byers and Associates, Inc., 4601
Harris Road, for installation of sprinkler
system and shrubbery behind sidewalk and
in public right-of-way at northeast
corner lot at New Stine Road and Harris
Road.
Application for Encroachment Permit from
Joseph Bowerbank, 3700 Oro Vista Avenue,
for construction of 4-foot high cedar
fence (along side of lot) at back of
existing sidewalk and in public right-
of-way.
Application for Encroachment Permit from
Tejon Development Company, c/o Lusich,
Patrick, Henderson, Mueller & Associates,
Inc., 2323 "E" Street, for construction
of 6-foot high concrete fence with planters
along back of sidewalk and in public
right-of-way along the Harris Road boundary
of Tract No. 3891, Units A & B, near Stine
Road.
Application for Encroachment Permit from
Carlos Lavarias, 602 Beech Street, for
construction of 4-foot high chain link
fence along the front and approximately
45' along the side and a 4-foot high
wooden and chain link fence approximately
70' along side at back of existing side-
walk and in public right-of-way.
Plans and Specifications for Truxtun Ave.
Extension, Phase 1A, between the City
Corporation Yard and Police Pistol Range.
Request from Warren F. Beck and Warren G.
Brock for vacation of alley running east
to west from Haley Street to Miller Street.
(Refer to Planning Commission for study
and recommendation)
Bakersfield, California, November 23, 1977 - Page
361
(P)
(q)
Request from Watson Company, as an agent
for Terraco, for vacation of property
located on the west 11.25 feet of Drake
Street between 24th Street and the center
line of the now vacated 25th Street.
(Refer to Planning Commission for study
and recommendation)
Minute Order setting December 14, 1977,
as the date for hearing an Appeal by Ben
D. Benton to the decision of the Board
of Zoning Adjustment.
Upon
(d), (e), (f),
and (q) of the
roll call vote:
Ayes: Councilmen Barton,
Sceales
Noes: None
Absent: Councilman Strong
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
Christensen, Medders, Ratty, Rogers,
Hearings.
This is the time set for continued public hearing on
application by the Planning Commission to amend the zoning boundaries
from within freeway right-of-way to an M-1-D (Light Manufacturing -
Architectural Design), or more restrictive, Zone, affecting that
certain property in the City of Bakersfield lying within State
Route 99 Freeway and located on the northwest corner of Pierce
Road and Rosedale Highway.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This hearing was continued at the meeting of November 9,
1977, at the request of Hilaire Ann Geraldine, Agent and Counsel
for Mrs. Vera Geraldine and Mrs. Yvonne Costigan.
This is an undeveloped parcel of approximately 2.3 acres
lying within the freeway right-of-way and which the state wishes
to sell when zoning is completed. All properties on the west side
of Pierce Road are zoned M-1-D with a parking strip adjacent to the
362
Bakersfield, California, November 23, 1977 - Page 12
road. The State is retaining a parcel to the north of subject
property to use as an equipment storage yard.
The Planning Commission was of the opinion this M-1-D
zoning would be a logical expansion of the existing zoning on the
west side of Pierce Road, found it would not have a significant
adverse effect on the environment, would be consistent with the
Land Use Element of the General Plan and recommended approval.
Vice-Mayor Medders declared the hearing open for public
participation.
Mr. Leroy Jackson, representing his wife Hilaire Ann
Geraldine who is the Attorney for Mrs. Vera Geraldine and Mrs.
Yvonne Costigan, stated that after talking with the City staff,
who did not foresee any problems, it is requested that this
property be zoned C-2-D rather than M-1-D.
No protests or objections being received, Vice-Mayor
Medders closed the public portion of the hearing for Council
deliberation and action.
Upon a motion by Councilman Ratty, Ordinance No. 2384
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of approxi-
mately 2.3 acres lying within the right-of-way of State Route
99 Freeway on the northwest corner of Pierce Road and Rosedale
Highway, finding the C-2-D zoning consistent with the General
Plan, and the Negative Declaration, were adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Panama Lane No. 1," proposed to
be annexed to the City of Bakersfield.
Bakersfield, California, November 23, 1977 - Page 13
363
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 82.7 +
acres of land located on the northeast corner of Stine Road and
Panama Lane.
Vice-Mayor Medders declared the hearing open for public
participation. Mr. A1 Wheelan, representing the property owner,
was present to answer questions of the Council. No protests or
objections being received, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Sceales, Resolution No.
103-77 of the Council of the City of Bakersfield declaring that a
majority protest has not been made to the annexation of territory
designated as "Panama Lane No. 1," proposed to be annexed to the
City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
Upon a motion by Councilman Sceales, Ordinance No. 2385
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Panama
Lane No. 1," 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 Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
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 "Panama Lane No. l" Annexation.
364
Bakersfield, California, November 23, 1977 - Page 14
This hearing has been duly advertised.
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 Sceales, Resolution No.
104-77 annexing certain territory designated as "Panama Lane No.
1," to the Greater Bakersfield Separation of Grade District, was
adopted by the following roll call vote
Ayes: Councilmen Barton, Christensen Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
This is the time set for public hearing on application
by Carl R. Moreland to amend the zoning boundaries from an "A"
(Agricultural) Zone to an R-1 (One Family Dwelling), to an R-2
(Limited Multiple Family Dwelling), to an R-3 (Limited Multiple
Family Dw~ng), or more restrictive, Zones, affecting those
certain properties in the City of Bakersfield located on the
southeast corner of Stine Road and Pacheco Road.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This 56 acre parcel is undeveloped at this time; however,
a tentative subdivision map has been filed which contains 203
residential lots. An environmental assessment was made and a
Negative Declaration was advertised and posted on October 7, 1977.
The Planning Commission was of the opinion these proposed zonings
would be compatible with the adjacent properties and would be
consistent with the Land Use Element of the General Plan. The
Commission did recommend the application of the "D" Design Overlay
to the R-2 and R-3 in order to ensure that future development
would be compatible with the area.
Bakersfield, California, November 23, 1977 - Page 15
365
The Planning Commission approved the Negative Declaration
and recommended approval of the zonings as set forth above.
Vice-Mayor Medders declared the hearing open for public
participation. Mr. Bob Richwood, representing the applicant, was
present to answer questions of the Council. No protests or objections
being received, the public portion of the hearing was closed for
Council deliberation and action.
Upon a motion by Councilman Sceales, Ordinance No. 2386
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that certain
property in the City of Bakersfield located on the southeast corner
of Stine Road and Pacheco Road, finding R-l, R-2-D and R-3-D zonings
consistent with the General Plan, and the Negative Declaration,
were adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes:
Absent:
None
Councilman Strong
This is the time set for public hearing on application
Dickinson to amend the zoning boundaries from an R-1
by B. L.
(One Family Dwelling) Zone to an R-2 (Limited Multiple Family
Dwelling), or more restrictive, Zone, affecting those certain
properties in the City of Bakersfield known as Lots 1 through 14,
Tract No. 3868.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject 4.8 acre parcel of vacant land contains 14 lots
covered by a tentative subdivision map, abuts Highland High School
on the west and would be served by Panorama Drive and Fairfax Road
shown on the General Plan as two major arterials.
Staff determined the project would not have a significant
adverse effect on the environment and a Negative Declaration was
advertised and posted on October 21, 1977.
366
Bakersfield, California, November 23, 1977 - Page 16
illv ri~lilliil~ UUllUl~i551Ull W~ Ui Lll~ o on the requested
zoning would be consistent with the Land Use Element of the General
Plan. However, the Commission felt the "D" Design Overlay should
be applied to ensure compatible development with the surrounding
area.
The Planning Commission approved the Negative Declaration
and the R-2-D (Limited Multiple Family Dwelling - Architectural
Design) Zone.
Vice-Mayor Medders declared the hearing open for public
participation. Mr. B. L. Dickinson, the applicant, was present to
answer questions of the Council. No protests or objections being
received, the public portion of the hearing was closed for Council
deliberation and action.
Upon a motion by Councilman Rogers, Ordinance No. 2387
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 known as Lots 1
through 14, Tract 3868, finding the R-2-D zoning consistent with
the General Plan, and the Negative Declaration, were adopted by
the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
This is the time set for public hearing before the
Council on an Appeal by Flavia C. Gamargo to the decision of the
Board of Zoning Adjustment regarding her request for a Conditional
Use Permit to permit the operation and maintenance of a Day Care
Nursery for six (6) children in an R-1 (One Family Dwelling) Zone
on that certain property commonly known as 2817 St. Mary's Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Bakersfield, California, November 23, 1977 - Page 17
36'7
The Board of Zoning Adjustment considered Mrs. Gamargo's
application and voted denial on her request based on the fact three
property owners within the immediate vicinity, including her
adjacent neighbor to the north, submitted letters expressing
opposition.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Robert Small, 2820 St. Mary's Street and representing
two neighbors who submitted signed statements, stated they object
to expanding this nursery to six children.
Mrs. Flavia Gamargo requested that the Council grant the
Conditional Use Permit because she has no intention of taking care
of more than two additional children.
No further protests or objections being received and no
one else wishing to speak in favor, the public portion of the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Medders, Zoning Resolution
No. 258 Denying Conditional Use Permit to permit the operation and
maintenance of a Day Care Nursery for six (6) children on that
certain property commonly known as 2817 St. Mary's Street, was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: None
Absent: Councilman Strong
Council Statements.
Upon a motion by Councilman Rogers, Building Director
Calvin Bidwell was appointed to the Board of Zoning Adjustment,
term expiring December 1, 1978. This vacancy was created by the
retirement of Philip White, Building Director.
Reports.
Councilman Rogers, Chairman of the Water and City Growth
Committee, read Report No. 5-77 regarding Municipal Farm Lease, as
follows:
368
Bakersfield, California, November 23, 1977 - Page 18
In 1973 the City entered into a lease agreement
with the Garone Cattle Company for them to
develop and farm 2,500 acres known as the ~uni-
cipal Sewer Farm Property. The term of the
lease was for six (6) years, commencing January
l, 1974, and ending December 31, 1979. The
lease also sets forth that the lease may be
terminated upon one (1) year's written notice
to lessee.
Expansion and modifications of the new plant
at the site of Sewer Plant #2 will take approxi-
mately 500 acres of land out of production.
The total construction project is expected to
be substantially completed by December 31, 1978.
At that time there will be approximately 5,200
acres to be managed.
There are two facts which have been brought to
the attention of this committee. The first is
that because of the increase in size of the
total acreage involved, this land should be put
out for a new lease. This area is more than
twice as large as the area currently under
cultivation. Secondly, because of the water
management effort necessary to handle up to 19
million gallons per day, it would be to the
City's advantage to have one leaseholder for
all the farmland. Because of these two factors,
the lease with Garone Cattle Company should be
terminated effective commencing January l,
1979. In order to do so, written notice must
be given to Garone before December 31, 1977.
This committee will come to the Council at a
later date with recommendations for a new
lease covering the entire site.
It is therefore the recommendation of this
committee that the Lease No. 73-57 with Garone
Cattle Company be terminated effective December
31, 1978.
Upon a motion by Councilman Rogers, Report No. 5-77 from
the Water and City Growth Committee regarding Municipal Farm Lease,
was accepted; and termination of Lease No. 73-57 with Garone Cattle
Company, effective December 31, 1978, was approved.
City Manager Bergen reported that in late 1976 the
Insurance Services Offices (ISO) resurveyed the City and notice
has been received regarding results of the regr~ding study which
indicate that a regression from Class 2 to Class 3 has occurred,
and unless substantial improvements are made the City will be
regraded to a Class 3.
Bakersfield, California, November 23, 1977 - Page 19
369
City Manager Bergen reported that a resolution will be
placed on the Agenda of the next meeting changing the Council
Meeting of December 28, 1977 to December 21, 1977.
Action on Bids.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company for improvement of "Q" Street from Truxtun
Avenue to Golden State Avenue, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Sceales, low bid of Micon
Construction Company for construction of Sanitary Sewer Main in
the Alley north of Ming Avenue 35' + east of the intersection of
Fremont Street, was accepted, the other bid rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of G. C. A.
Construction Company for construction of Storm Drain for the
Corporation Yard Facility, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company for construction of Northwest Bakersfield
Drain, Phase IV, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, low bid of McKee
Electric for construction of tennis court lighting at Wilson and
Beale Parks, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Deferred Business.
Adoption of Ordinance No. 2388 New
Series of the Council of the City of
Bakersfield amending the Table of
Sections of Chapter 14.40, amending
Section 14.40.010 and adding Section
14.40.055 to the Municipal Code
Prohibiting Sale of Fireworks to
persons under the age of sixteen
years.
Upon a motion by Councilman Barton, Ordinance No. 2388
New Series of the Council of the City of Bakersfield amending the
37O
Bakersfield, California, November 23, 1977 - Page 20
Table of Sections of Chapter 14.40, amending Section 14.40.010
and adding Section 14.40.055 to the Municipal Code Prohibiting Sale
of Fireworks to persons under the age of sixteen years, was adopted
by the following roll call vote:
Ayes: Ratty, Rogers,
Noes:
Absent:
Councilmen Barton, Christensen, Medders,
Sceales
None
Councilman Strong
Fire Station Site Acquisition.
City Manager Bergen stated that the Council took action
Director of Public Works,
station locations.
New Business.
Approval of Agreement with Herbert P.
Sears, Inc., for collection of various
bills, accounts and claims emanating
from the City.
Upon a motion by Councilman Ratty, Agreement with Herbert
P. Sears, Inc. for collection of various bills, accounts and
claims emanating from the City, was approved and the Mayor was
authorized to execute same.
Councilman Rogers questioned the staff regarding enforce-
ment of the Sign Ordinance in the City.
City Manager Bergen stated the staff will come back to
the Council with a report on the enforcement policy of the Sign
Ordinance.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Barton,~ meeting was
adjourned at 11:45 P.M. ~~~
MAY~ t~e City of Bakersfield, Calif.
ATTEST: Z
CITY io Clerk of the Council
of the City of B~ersfield, California
ma
on this item earlier in the meeting. The record should show that
memorandums were furnished to the Council from the Fire Chief and
dated November 21, 1977, regarding fire
Bakersfield, California, December 14, 1977
371
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., December 14, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Bishop Charles Call
of the Church of Jesus Christ of Latter-Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen
Christensen, Medders, Ratty,
Rogers, Sceales, Strong, Barton
Absent: None
Minutes of the regular meeting of November 23, 1977,
were approved as presented.
Mayor Hart announced that the public hearing on appli-
cation by William H. Rogers to amend the zoning boundaries from
an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple
Family Dwelling - Architectural Design), or more restrictive, Zone,
affecting those certain properties in the City of Bakersfield
located south of Highway 178 and east of the Bakersfield Country
Club, will be continued until Wednesday, January 11, 1978.
Scheduled Public Statements.
Mr. H. A. Jensen, Jensen International, Inc., 4117
Rosedale Highway, stated that they were second lowest bidder on
two Cab and Chassis for the Public Works Department. Mr. Jensen
requested that the Council award the bid to Jensen International
because the low bidder, Ray Gaskin Service, is an out of town
dealer, his local dealership would have to honor the warranties
and there was only $66.00 difference in the two bids. However,
he wanted to assure the Council they would do everything possible
to make sure the trucks do a good job for the City, no matter who
the bid is awarded to.
Correspondence.
Upon a motion by Councilman Ratty, communication from
Mayor Donald E. Conley of California City, dated November 21, 1977,
372
Bakersfield, California, December 14, 1977 - Page 2
requesting a resolution petitioning the legislature to
in restructuring specific elements
as outlined in his enclosed letter,
placed on file.
Upon
A. C. Hutchins,
act swiftly
of the criminal justice system
was received and ordered
a motion by Councilman Sceales, communication from
2808 Summit Circle, dated December 1, 1977,
regarding no parking areas on 19th and 21st Street at Oak Street,
was received and referred to the administrative staff for investi-
gation and action.
Upon a motion by Councilman Medders, communication from
the Kern Mosquito Abatement District, dated December l, 1977,
regarding expiration of George H. Barnett, Sr's. term as a member
of the Kern Mosquito Abatement District Board of Trustees, was
received and the City Clerk was directed to place on Agenda the
first meeting of January, 1978.
Council Statements.
Upon a motion by Councilman Barton petition from 240
parents of children attending Planz School requesting that crossing
guard protection be provided at Planz School and McCourry Street,
was received and ordered placed on file.
Councilman Barton stated he had discussed this matter
with the Public Works Department and Traffic Engineer. They have
conducted a study of the situation and it meets the warrants to
establish a School Crossing Guard at this intersection.
Councilman Barton made a motion that if a School Crossing
Guard is available from another location that he be assigned to the
Planz Road and McCourry Street intersection; and if this is not
feasible then adequate funds be allocated to assign a School
Crossing Guard at the beginning of the session immediately
following Christmas vacation.
Public Works Director Hawley summarized a memorandum
from Traffic Engineer Jerry Hahs, dated November 21, 1977, regarding
School Crossing studies.
Bakersfield,
California, December 14,
1977 - Page 3
373
Councilman Sceales stated that this matter should be
resolved by the next meeting and requested that Councilman Barton
withdraw his motion until that time.
Councilman Barton stated that he would withdraw his
motion if there is an assurance from the staff that this item will
be resolved and the staff have a recommendation available at the
Council Meeting of December 21, 1977 regarding funds for a School
Crossing Guard at the intersection of Planz Road and McCourry Street.
City Manager Bergen assured Councilman Barton that it
will be on the agenda for the next meeting with a copy of the
report.
Councilman Sceales made a motion that the ordinance
setting dates of Council ~eetings be amended and the Council revert
back to meeting each week on Monday nights.
Councilman Rogers offered a substitute motion that the
Council go on record in support of the existing ordinance that
states the Council shall meet on Wednesday nights of each week.
Councilman Christensen requested that if the Council
votes to meet on Wednesday nights that the Council packets be
delivered on Friday nights rather than Monday nights to give the
Council more time to study the enclosed material.
Councilman Rogers' substitute motion that the Council
go on record in support of the existing ordinance that states the
Council shall meet on Wednesday nights of each week, carried by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Ratty, Rogers, Strong, Barton
Councilmen ~edders, Sceales
None
Reports.
Councilman Christensen, Chairman
Recreation Committee, read Report No. 8-77
as follows:
of the Auditorium-
regarding Candy Prices,
374
Bakersfield, California, December 14, 1977 - Page 4
The Council Auditorium-Recreation Committee
recently met to consider a request from the
City's Concessioners to increase candy prices.
Currently the price charged is 25~ and the
Concessioner indicates that he loses l~ on
each candy bar sold. The request is for an
increase from 25~ to 35~.
The Citizens Auditorium-Recreation Committee
has recommended approval of this request.
This Committee recommends approval of the
price increase on candy only from 25~ to 35~
effective January l, 1978.
Upon a motion by Councilman Christensen, Report No. 8-77
from the Auditorium-Recreation Committee regarding Candy Prices,
was accepted; and price increase on candy (only) from 25~ to 35~
effective January 1, 1978, was approved.
Upon a motion by Councilman Medders, Public Works
Director Dale Hawley was reappointed to the Board of Zoning
Adjustment and Assistant Public Works Director Edgar W. Schulz
was reappointed as the Public Works Director's alternate to the
Board of Zoning Adjustment, terms expiring December 1, 1980.
Councilman Christensen read Report No. 7-77 of the
Auditorium-Recreation Committee, as prepared by the staff, regarding
Auditorium Marquee, as follows:
Since the Civic Auditorium was constructed,
there has been a vandalism problem with the
marquee. This problem has now reached the
point that the City must spend $400 - $500 per
year for replacement of letters. This annual
expense can be substantially reduced by the
addition of a clear, unbreakable lens, or
cover, over the entire front surface of the
marqueee. This cover could be locked.
There has only been minimal identification of
the Civic Auditorium. Recently there has been
confusion over identifying the Civic Auditorium
and Civic Center. More building identification
can be obtained by adding a new top strip to
the existing marquee. It would have the words
"Civic Auditorium" in cut-out letters, back
lighted for nighttime visibility.
All of these modifications can be made for
$1700.
It is the recommendation of this Committee that
the marquee modifications be approved and that
Bakersfield,
California,
December 14,
1977 - Page 5
375
$1700 be transferred from the Council Contingency
Fund to the appropriate Auditorium account.
Councilman Christensen stated that he read this report
as an example of a distortion of facts because it is vague and
ambiguous, and then outlined the background for this request.
Councilman Christensen then read Report No. 7-77 of the
Auditorium-Recreation Committee, as amended, regarding Auditorium
Name-Plate, as follows:
Since the Civic Auditorium was constructed there
has been no visible identification of this
complex causing confusion over identification.
Citizens of the Second Ward contacted their
Councilman complaining of this oversight. In
turn, Staff Members were made aware of this
problem. Mr. Francis Parsons, one of the
original architects of the building, was
contacted and he consented to pursue the
problem. The resultant recommendation was to
place an 18" panel over the present marquee
housing 10" cut out letters, "CIVIC AUDITORIUM,"
back lighted for nighttime visibility. The
Staff as well as this committee agreed this
was an adequate solution to the problem. This
can be done for $1,000.
It is the recommendation of this Committee that
$1,000 be transferred from the Council Contin-
gency Fund to the appropriate Auditorium
account.
Councilman Christensen made a motion that Report No.
7-77 of the Auditorium-Recreation Committee regarding Auditorium
Name-Plate, be accepted; and Budget Transfer from the Council
Contingency Fund to appropriate Auditorium account in the amount
of $1,000.00, be approved.
Councilman Medders stated that he understood that
$1,000.00 was being allocated for the sign and $700.00 for the
cover.
Auditorium Manager Graviss stated that maybe he did not
make it clear to Councilman Christensen that the sign would cost
$1,000.00 and the cover $700.00. He made the recommendation to
Assistant City Manager Buell, who wrote the report, that the
amount be set at $1,700.00 to cover the cost of these items.
376
Bakersfield, California, December 14, 1977 - Page 6
Councilman Christensen's amended motion that Report No.
7-77 of the Auditorium-Recreation Committee regarding Auditorium
Name-Plate, be accepted; and Budget Transfer from the Council
Contingency Fund to the appropriate Auditorium account in the
amount of $1,700.00, be approved, was unanimously approved.
City Manager Bergen read a report regarding Title II
Antirecessionary Funds, as follows:
The City of Bakersfield has again received
funds under Title II of the Public Works
Employment Act. As the Council may recall,
these funds are designed to assist local
government maintain levels of employment and
basic services.
The City presently has approximately $155,000
of these funds in a trust account. Of this,
$96,600 was received on July 11, 1977 and the
remaining amount on October 11, 1977. The
regulations require these funds be appropriated,
obligated, or actually spent within six months
from receipt.
Various alternatives for the use of these funds
have been investigated. However, staff recently
became aware of the need for additional funds
within the operating budgets of several depart-
ments which would normally require a transfer
from the Council's contingency account before
the end of the fiscal year, i.e. electric power
bills for street lights, $80,000; and Civic
Auditorium, $40,000. These needs would meet
the eligibility requirements of the Act, and
we would recommend the use of these funds for
these needs.
However, it is necessary that a hearing be held
by the end of this month to meet the Act's
time requirements, at which time the use of
these funds can be determined by the Council.
Upon a motion by Councilman Rogers, report from the City
Manager regarding Antirecessionary Funds, was accepted; the
report was referred to the Budget Review and Finance Committee for
study and recommendation; and Wednesday, December 21, 1977, at
8:00 P.M., in the Council Chambers of City Hall was the time and
place set for hearing at which time the use of the funds can be
determined by the Council.
City Manager Bergen stated that the report requested by
the City Council at the November 23rd meeting of the incident at
the College Dance November 12th was completed late last night,
Bakersfield,
California, December 14, 1977 - Page 7
377
about 10:30 P.M. The report was complicated by several factors;
(1) the amount of basic information available with the need to
contact other parties; and (2) the time element to complete was
rather short, when you consider other entities that the City of
Bakersfield does not have control over were involved. The last
interview took place last Friday and we were still unable to inter-
view one person and have not received a written statement from
another party. In addition, some written reports are still not
available; for example, a polygraph examination given by the
Attorney General's office last Thursday, although the conclusions
were given to us verbally. However, Monday (when the Agenda was
prepared) we felt that sufficient information, statements and facts
were available to prepare a report in accordance with the Council's
request. It was on that basis that I put it on the Agenda, which
conforms to the Council's request. It might be added at this time
that there are 164 pages of Police Reports that were prepared by
various officers and 45 hours of interviews on tape.
The report submitted should adequately cover the questions
that arose out of the incident or at least as to the City's involw~-
ment. The areas of School District responsibilit~ or responsibility
of some persons attending the dance, is not covered in the report
except as it directly affects the City Police Department. I have
had numerous meetings and conferences with Chief Price in the
course of this investigation and I believe the report represents
an open, candid appraisal of the Police Department's conduct in
this incident; at least with the information that was available
at this time.
I would invite any Councilman (after you read the report
and have had sufficient time to digest it and discuss it with your
constituents) to avail yourselves of any or all of the background
material (reports, tape recordings) that have been prepared as a
result of this investigation of the invident. Finally, the report
itself does not require any specific action from the Council and I
would be happy to answer any questions.
378
Bakersfield, California, December 14, 1977 - Page 8
Assistant City Clerk Anderson read the report from
the Chief of Police, dated December 13, 1977 entitled "Investigation
of College Incident November 12, 1977." The report was in two
parts; the first being a sequential enumeration of the events; and
the second being a response to specific charges brought before the
Council.
Mr. Robert J. Reader, Instructor at Bakersfield College
who was in charge of the dance, presented the Council with and
read a lengthy statement entitled "The Saturday and Sunday,
November 12 and 13, Police versus Citizens Confrontation at and
near the Bakersfield College Campus Center," dated December 14,
1977.
Adoption of Resolution No. 105-77 of
the Council of the City of Bakers-
field setting forth its position on
obedience to laws.
After a lengthy discussion, Councilman Strong made a
motion that the following resolution be adopted:
Resolve that it is the policy of the Bakers-
field City Council to vigorously oppose any
excessive use of force by any Bakersfield
Police Officer, and that each Officer at all
times act within the scope of his authority.
It is also the policy of this Council that
citizens be allowed their God-given right of
peaceful assembly, but at the same time obey
all laws of this City and this State.
Our adherence to these policies causes us to
direct the City Manager to report back to the
Council at our second meeting in January all
of the steps that have been taken which are
reasonable, appropriate, and fair to resolve
this matter.
I urge the support of this resolution by the
Mayor and each Council member.
Respectfully submitted,
Vernon D. Strong
Councilman Rogers asked the City Attorney if it was
proper for the City Council to take this type of action, regarding
the Bakersfield College incident, before all pending trials and
litigations are settled in a court of law.
Bakersfield,
California,
December 14,
1977 - Page 9
379
City Attorney Hoagland stated that, generally speaking,
it would not be proper; however, in relationship to the resolution
there is nothing contained therein that could not be adopted with
some changes in wording. For example, the last three words in the
second paragraph "resolve this matter" would be more appropriate
if it was changed to "accomplish the above."
Councilman Rogers requested that Councilman Strong defer
action on this resolution until the Council has had time to study
it as some of the wording does not appear
it has not yet been decided in a court of
force was used or not.
to be appropriate because
law whether excessive
Councilman Strong stated the City Attorney has assured
the Council that there is nothing wrong with adopting this
resolution. Councilman Strong also assured the Council that there
is no hidden meaning in the resolution, you either oppose the use
of excessive force or you don't. All this resolution states is
that the Council is taking a position against irresponsible acts
of this nature.
Councilman Strong's motion that Resolution No. 105-77 of
the Council of the City of Bakersfield setting forth its position
on obedience to laws, deleting the last three words in the last
paragraph "resolve this matter" and adding the words "accomplish
the above," be adopted, carried by the
Ayes: Councilmen Christensen, Ratty,
Noes: Councilmen Medders, Rogers
Absent: None
following roll call vote:
Sceales, Strong, Barton
Councilman Medders in clarifying his negative vote stated
he could support the first paragraph but not the second.
Councilman Rogers in clarifying his negative vote stated
that Councilman Strong has stated that all this resolution states
is that the Council is against irresponsible acts and then has added
"resolve this matter." Meaning this incident, which is concluding
that it was an irresponsible act; that has not been proved in a
380
Bakersfield, California, December 14, 1977 - Page l0
court of law. If Councilman Strong would have asked for support
of a resolution against irresponsible acts, I would have been
happy to support it, but some of the phraseology still bothers
me even with the change suggested by the City Attorney. In its
present form I cannot support it.
Mayor Hart declared a brief recess at ll:15 P.M. and
the Council reconvened at 11:20 P.M.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a~) Allowance of Claims Nos. 2128 to 2444,
inclusive, in the amount of $706,997.62.
(b)
Claim for Damages from Joe Melendez and
Sandra Melendez on behalf of Shelley
Melendez, 1306 Chester Avenue, Bakers-
field. (Refer to City Attorney)
(c)
Claim for Personal Injuries from Ray Louis
Burgemaster, 1009 - 33rd Street, Bakers-
field. (Refer to City Attorney)
(d)
Claim for Damages from William Carl
Williams, Kern County Jail, Bakersfield.
(Refer to City Attorney)
(e)
Street Easements from California Water
Service Company for Pacheco Road and
Akers Road as required by the Planning
Commission for Parcel Map No. 4321.
(f)
Irrigation Pipeline Easement from City
of Bakersfield to Jessup Farms located
south of Panama Lane approximately one
mile west of Fairfax Road. Part of
settlement agreement with Jessup Farms
for pipeline and road dedication the
City purchased from their firm.
(g)
Map of Tract No. 3892 Unit A and Improve-
ment Agreement for construction of improve-
ments therein located south of Freeway
178 and east of Oswell Street.
(h)
Improvement Agreement for Parcel Map No.
4421 with Tenneco Realty Development
Corporation, as required by the Planning
Commission.
(i)
Notice of Completion and Acceptance of
Work under Parcel Map No. 3535 - Contract
No. 76-i13 with Maurice St. Clair and M.
Frank St. Clair.
(J)
Notice of Completion and Acceptance of
Work on Street Improvements under Tract
No. 3764 - Contract No. 77-14 with The
Development Groupe.
Bakersfield,
California, December 14,
1977 - Page ll
381
(k)
(i)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
Notice of Completion and Acceptance of
Work under Parcel Map No. 4026 - Contract
No. 77-47 with Elmer F. Karpe, Inc.
Notice of Completion and Acceptance of
Work under Parcel Map No. 4041 with
Rickett, Ward and Delmarter.
Application for Encroachment Permit from
Mr. Harry F. Smith, Harry F. Smith
Construction Company, 4312 Camden Street,
for construction of concrete block
retaining wall 40-inches high at back of
sidewalk and in public right-of-way on
the Coronado Avenue side of the north-
west corner lot at Coronado Avenue and
Pinot Noir Way.
Application for Encroachment Permit from
Mr. Jim Burke, Jim Burke Ford, 2001 Oak
Street, for construction of paint shop
doors that encroach into the public right-
of-way between curb and property line on
21st Street which doors are opened for
ingress and egress of vehicles.
Plans and Specifications for construction
of Curbs and Gutters, Paving and Street
Improvements on various streets in the
Sunset-Mayflower District, bounded by
California Avenue on the north, Lakeview
Avenue on the west and the Southern
Pacific Railroad on the south and east.
Plans and Specifications for construction
of Storm Drains in 2rid and 4th Streets
between "V" and "T" Streets, "V" Street
between 2nd and 4th Streets and Hayes
Street between Brundage Lane and 3rd
Street. Economic Development Adminis-
tration Project No. 07-51-27067, Phase II.
Plans and Specifications for construction
of Storm Drains in "K" Street between
32nd and 34th Streets, 31st Street between
"Q" Street and Panama Street and "V" Street
between 2nd Street and Brundage Lane. A
Community Development Block Grant project.
Request from Century 21, Gibson, Inc., for
annexation of property located on north
side of Panama Lane east of South "H"
Street, containing 17.84 acres of land.
(Refer to Planning Commission for study
and recommendation)
Request from the Church of Religious
Science for annexation of property located
west of Manor Street, south of Roberts
Lane and north of the Kern River, containing
15.88 acres of land. (Refer to Planning
Commission for study and recommendation)
Bakersfield, California, December 14, 1977 - Page 12
(t)
Request from Dave Demeter for annexation
of property located on the southern most
side of Pacheco Road, eastern most side
of Hughes Lane and bounded on the north
by the Southern Pacific Railroad, con-
taining 20.95 acres of land. (Refer to
Planning Commission for study and recom-
mendation)
(u)
Resolution No. 106-77 of the Council of
the City of Bakersfield fixing Wednesday,
January 25, 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
"Terrace Way No. 3," proposed to be
annexed to the City of Bakersfield.
(v)
Resolution No. 107-77 of the Council of
the City of Bakersfield fixing Wednesday,
January 25, 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
"Wible No. 2," proposed to be annexed
to the City of Bakersfield.
(w)
Resolution of Intention No. 108-77 to
include within the Greater Bakersfield
Separation of Grade District a portion
of certain territory designated as
"Wible No. 2," and setting Wednesday,
January 25, 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.
(x)
Resolution of Intention No. 923 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a portion of 33rd Street
between Jewett Avenue and "K" Street
in the City of Bakersfield and setting
Wednesday, January ll, 1978 for hearing
on the matter before the Council.
(d), (e),
(q), (r),
were adopted by
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(s), (t), (u), (v), (w) and (x) of the Consent Calendar,
the following roll call vote:
Ayes:
Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Bakersfield,
California, December 14, 1977 - Page 13
383
Action on Bids.
Upon a motion by Councilman Sceales, low bid of Three
Way Chevrolet for one Smoothside Pickup Truck, was accepted and
the other bid rejected.
City Manager Bergen stated that due to Mr. H. A. Jensen's
inquiry into the award of bid on Cab and Chassis for the Public
Works Department (2 each), he would suggest that action be deferred.
Upon a motion by Councilman Barton the Hearings are to
be acted upon first and then continue with the rest of the Agenda.
Hearings.
This is the time set for public hearing before the
Council on an Appeal by Ben D. Benton to the decision of the Board
of Zoning Adjustment regarding his application for Modification of
a C-2 Commercial) Zone to allow the elimination of the required
54 off-street parking spaces for retail sales and lunch room on
that certain property commonly known as 1400 17th Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The Board of Zoning Adjustment considered and denied the
modification request by Mr. Benton based on the fact the Bank of
America parking structure has reached its capacity and now has a
waiting list for spaces; there is an increased demand for parking
spaces in the area since new businesses are in operation, the
occupancy factor of the Bank of America building and Haberfelde
Building, and the fact this sizable reduction in required parking
would compound the already critical need for parking in the area.
A letter and testimony were received at the Board of
Zoning Adjustment hearing from Mr. Anthony E. Wells, general
partner of Haberfelde Building, Ltd., opposing waiver of 54 off-
street parking spaces.
Mayor Hart declared the hearing open for public partici-
pation.
384
Bak~rs£ield, California, December 14, 1977 - Page 14
Mr. Everett C. Murray, representing Mr. Ben D. Benton,
read a prepared statement requesting that the modification be
approved and outlined the plans for the building which would be
transformed from an eyesore into a modern structure that would
be a credit to the appearance of downtown Bakersfield.
Mr. Roger Marshall, owner of Press Building at 19th
and "K" Streets and associated with an architectural firm in
San Luis Obispo, spoke in favor of the modification.
Mr. Tony Wells, General Partner in the Haberfelde
Building, objected to the modification because it will cause
additional parking problems in this area. He did not object to
the structure being renovated.
No further protests or objections being received and no
one else wishing to speak in favor, the public portion of the
hearing was closed for Council deliberation and action.
Mr. Ben D. Benton requested that the modification be
granted.
Upon a motion by Councilman Ratty, the matter of the
Appeal by Ben D. Benton to the decision of the Board of Zoning
Adjustment regarding his application for a Modification of a C-2
(Commercial) Zone to allow the elimination of the required 54 off-
street parking spaces for retail sales and lunch room on that
certain property commonly known as 1400 - 17th Street, was referred
to the Business Development and Parking Committee for study and
report back to the Counci~ at the meeting of December 21, 1977.
This is the time set for continued public hearing before
the Council for hearing protests by persons owning real property
within territory designated as "Union No. 7," proposed to be
annexed to the City of Bakersfield.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law. This hearing was continued at the Council Meeting of October
26, 1977.
Bakersfield,
California, December 14, 1977 - Page 15
385
This is an uninhabited annexation containing 11.61 +
acres of land located west of South Union Avenue between Pacheco
Road and Fairview Road.
Upon a motion by Councilman Medders, public hearing
before the Council for hearing protests by persons owning real
property within territory designated as "Union No. 7," proposed
to be annexed to the City of Bakersfield, was continued until
Wednesday, March 22, 1978 at 8:00 P.M. in the Council Chambers of
City Hall.
The public hearing on application by William H. Rogers
to amend the zoning boundaries from an R-1 (One Family Dwelling)
Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural
Design), or more restrictive, Zone, affecting those certain
properties in the City of Bakersfield located south of Highway
178 and east of Bakersfield Country Club, was continued until
Wednesday, January ll, 1978 at 8:00 P.M., in the Council Chambers
of City Hall.
This is the time set for public hearing on application
by John A. Marshall to amend the zoning boundaries from an R-1
(One Family Dwelling) Zone to an R-1-CH (One Family Dwelling -
Church), or more restrictive, Zone, affecting that certain property
in the City of Bakersfield commonly known as 2515 Church Avenue.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject property is improved with a church and related
facilities at this time. It is the church's intention to enlarge
the sanctuary from 120 to 150 seats. Changing the zoning to R-1-CH
will allow modifications to the site without application for
Conditional Use Permit.
The staff made an environmental assessment and advertised
and posted a Negative Declaration on November 4, 1977.
386
Bakers£ield, California, December 14, 1977 - Page 16
The Planning Commission approved and adopted the Negative
Declaration and the R-1-CH (One Family Dwelling - Church) Zone, as
requested and advertised.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rogers, Ordinance No. 2389
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 2515
Church Avenue, finding the R-1-CH zoning consistent with the General
Plan, and the Negative Declaration, were adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action of the
Planning Commission to Zone Upon Annexation to an R-S (Residential
Suburban), an R-1 (One Family Dw~ng),
Family Dwelling - Architectural Design),
Family Dw~ng - Architectural Design),
an R-2-D (Limited Multiple
an R-3-D (Limited Multiple
and an MH (Mobilehome), or
more restrictive, Zones, affecting those certain properties in the
County of Kern located on the northeast corner of Stine Road and
Panama Lane, known as Panama Lane No. i Annexation.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This annexation covers approximately 83 acres of un-
developed land bounded on the west by Stine Road and on the south
by Panama Lane. These streets are depicted as major arterials on
the Bakersfield General Plan.
Bakersfield,
California,
December 14,
1977 - Page
387
Several property owners appeared at the Planning Com-
mission hearing and were concerned with the R-1 zoning. They
felt the R-1 would be in conflict with the existing R-S. A street
bisecting the R-S and R-1 is proposed to serve as a buffer.
An environmental assessment was made by the staff and a
Negative Declaration was advertised and posted on November l, 1977.
The Planning Commission approved and adopted the Negative
Declaration, recommended R-S, R-i, R-2-D, R-3-D and MH zoning as
advertised and found these zonings would be consistent with the
Bakersfield General Plan.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. A1 Wheelan, applicant for original annexation, was
present to answer questions of the Council.
Mr. Gerald Perkins, representing most of the property
owners just north of this 83 acres, stated that they would like
the entire area zoned R-S, half acre lots, so there will not be
conflict with the keeping of animals.
No further protests or objections being received and no
one else wishing to speak in favor, the public portion of the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Sceales, Ordinance No. 2390
New Series of the Council of the City of Bakersfield amending
Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield, regarding property known as
"Panama Lane No. 1" Annexation, finding said zonings consistent
with the General Plan, and the Negative Declaration, were adopted
by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
388
Bakersfield, California, December 14, 1977 - Page 18
Action on Bids.
(Continued)
Upon a motion by Councilman Medders, all bids for Storm
Drain System on "L" Street and Vernal Place between 4th Street
and Route 58, were rejected as being excessive and the Finance
Director was authorized to readvertise for bids.
(NOTE: The next eleven items were voted upon in
one motion by the Council)
Upon a motion by Councilman Rogers, low bid of Granite
Construction Company for resurfacing portions of Baker Street,
California Avenue, 4th Street, Lakeview Avenue and "P" Street,
E.D.A. Project No. 07-51-27066, Phase I, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rogers, low bid of S. Salomon
Pipeline Company for construction of Curbs and Gutters in the
Mayflower-Sunset District, E.D.A. Project No. 07-51-22588, Phase I,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Rogers, low bid of Micon
Construction Company for Storm Drain System in "N" Street and 4th
Street between "L" Street and California Avenue, E.D.A. Project
No. 07-51-27067, Phase I, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rogers, bid of Kern Turf
Supply for Annual Contract for P.V.C. Pipe and Sprinkler Supplies
for City Parks Department (A.C.B. 12178), was accepted and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Rogers, low bid of Service
Paper Products for Annual Contract No. 10678 for Cut Paper Stock
(32 items), was accepted, the other bid rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Rogers, bid of Jim Alfter
for Annual Contract No. 16178 for Canal Liner Repair, was accepted
and the Mayor was authorized to execute the contract.
Bakersfield,
California, December 14, 1977 - Page 19
389
Upon a motion by Councilman Rogers, low bid of Bakers-
field Chrysler Plymouth for Police Special Four Door Sedans (four
each), was accepted and all other bids rejected.
Upon a motion by Councilman Rogers, low bid of Jim
Burke Ford for Four Door Sedans (two each), was accepted and the
other bid rejected.
Upon a motion by Councilman Rogers, low bid of Wally
Tucker Datsun for Lightweight Pickup Trucks (six each), was
accepted and all other bids rejected.
Upon a motion by Councilman Rogers, low bid of Valley
Equipment Company for various pieces of Shop Equipment for New
Corporation Yard, was accepted and all other bids rejected.
Upon a motion by Councilman Rogers, low bid of Chester
Avenue Brake Company for Brake Equipment for New Corporation Yard,
was accepted and all other bids rejected.
Upon a motion by Councilman Medders, the one bid received
from RLW Equipment for Weaver Shop Equipment for New Corporation
Yard, was rejected as being incomplete and the Finance Director
was authorized to readvertise for bids.
Upon a motion by Councilman Sceales, the one bid received
from RLW Equipment for Underground Fuel Tanks (three each), was
rejected as being invalid and the Finance Director was authorized
to readvertise for bids.
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 1.86 to Title 1,
repealing Subsection (d) of Section
13.04.120 of Chapter 13.04, amending
Section 13.28.110 of Chapter 13.28,
concerning creation of Housing
Advisory Finance and Appeals Board,
setting forth powers and duties
thereof.
State law requires the existence of a Board to hear
appeals on relocation (housing and business) when the Agency is
acquiring property. The Redevelopment Agency has requested the
390
Bakersfield, California, December 14, 1977 - Page 20
creation of a Housing Advisory Finance and Appeals Board, and
this is concurred with by the Agency's Special Legal Counsel.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 1.86 to Title 1,
repealing Subsection (d) of Section i3.04.120 of Chapter 13.04,
amending Section 13.28.110 of Chapter 13.28, concerning creation
of Housing Advisory Finance and Appeals Board, setting forth
powers and duties thereof.
Adoption of Ordinance No. 2391 New
Series approvin~ annexation of a
parcel of uninhabited territory to
the City of Bakersfield, California,
designated as "College No. 2," and
providing for the taxation of said
territory to pay the bonded indebted-
ness of said City.
This
and no hearing
annexation.
is uninhabited territory known as "College No. 2,"
was necessary since there was 100% consent to this
following roll
Ayes
Noes
Absent:
call vote:
Councilmen Christensen, Medders,
Strong, Barton
None
None
Adoption of Resolution No. 109-77 of
the Council of the City of Bakers-
field in the matter of regulation of
Smoking in Council Chambers while
City Council is in session and in
Elevator located in City Hall.
This resolution provides limitations on smoking in
certain areas within City Hall, as requested by the
their meeting of September 21, 1977.
Ratty, Rogers, Sceales,
Council in
Upon a motion by Councilman Ratty, Ordinance No. 2391
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as
"College No. 2," and providing for the taxation of said territory
to pay the bonded indebtedness of said City, was adopted by the
Bakersfield, California, December 14, 1977 - Page 21
391
Dr. Royce Johnson, Chairman of the Interagency Council
on Smoking and Health, stated they had hoped for a broader
resolution but thanked the Council for the one to be adopted
tonight.
Upon a motion by Councilman Medders, Resolution No.
109-77 of the Council of the City of Bakersfield in the matter of
regulation of Smoking in Council Chambers while City Council is in
session and in Elevator located in City Hall, was adopted by the
following roll call vote:
Ayes: Councilmen Christensen, Menders, Ratty, Rogers, Sceales,
Barton
Noes: None
Absent: Councilman Strong
Adoption of Resolution No. 110-77 of
the Council of the City of Bakers-
field providing for the consolidation
of City of Bakersfield Annexation
Election with the Kern Union High
School Revenue Limit Increase Election
to be held on Tuesday, March 7, 1978.
Upon a motion by Councilman Sceales, Resolution No.
110-77 of the Council of the City of Bakersfield providing for
the consolidation of City of Bakersfield Annexation Election with
the Kern Union High School Revenue Limit Increase Election to be
held on Tuesday, March 7, 1978, 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. 111-77 of
the Council of the City of Bakers-
field amending Section 6 of Resolution
No. 92-77, providing for Voting Pre-
cincts, Polling Places and Officers
of Election for Special Election for
Annexation of Kern City.
This resolution establishes two precincts for voting
purposes in the Kern City Annexation Election. Originally only
one precinct was planned, but due to consolidation of the election
392
Bakersfield, California, December 14, 1977 - Page 22
with the High School Election two precincts are required.
Upon a motion by Councilman Sceales, Resolution No.
111-77 of the Council of the City of Bakersfield amending Section
6 of Resolution No. 92-77, providing for Voting Precincts, Polling
Places and Officers of Election for Special Election for Annexa-
tion of Kern City, 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. 112-77 of
the Council of the City of Bakers-
field changing a Council Meeting in
the month of December, 1977.
Upon a motion by Councilman Medders, Resolution No.
112-77 of the Council of the City of Bakersfield changing a Council[
Meeting in the month of December, 1977, 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. 113-77 of
the Council of the City of Bakers-
field consenting to a Joint Public
Hearing on the initial Environmental
Study, proposed Lease of property,
and Joint Development Agreement for
a proposed Hotel in the Downtown
Bakersfield Redevelopment Project;
authorizing the establishment of a
date therefor; and publication of
Notice of Joint Public Hearing.
Upon a motion by Councilman Medders, Resolution No.
113-77 of the Council of the City of Bakersfield consenting to a
Joint Public Hearing on the initial Environmental Study, proposed
Lease of property, and Joint Development Agreement for a proposed
Hotel in the Downtown Bakersfield Redevelopment Project; authorizing
the establishment of a date therefor; and publication of Notice of
Bakersfield, California, December 14, 1977 - Page 23
393
Joint Public Hearing,
Ayes:
was adopted by the following roll
Councilmen Christensen, Medders, Ratty, Rogers,
Barton
call vote:
Sceales,
Noes: None
Absent: Councilman Strong
Approval of Local Agency~State Master
Agreement and Program Supplement No.
1 for Railroad Crossing Protection at
Baker Street and A. T. & S. F. R. R.
Upon a motion by Councilman Medders, Local Agency-State
Master Agreement and Program Supplement No. i for Railroad Crossing
Protection at Baker Street and A. T. & S. F. R. R., was approved
and the Mayor was authorized to execute same.
Approval of Assignment of Lease of
City owned property located on Sec-
tion 27, T31S, R28E, M.D.B. & M.,
from Strike Ten Corporation to
Calplans Agricultural Fund.
Upon a motion by Councilman Medders, Assignment of Lease
of City owned property located on Section 27, T31S, R28E, M.D. B.
& M., from Strike Ten Corporation to Calplans Agricultural Fund,
was approved and the Mayor was authorized to execute same.
Approval of Installation and Service
Agreement with Alarmex to install
and rent Fire Alarm Systems for the
City Hall and California Neighbor-
hood Facility.
Upon a motion by Councilman Ratty, Installation and
Service Agreement with Alarmex to install and rent Fire Alarm
Systems for the City Hall and California Neighborhood Facility,
was approved and the Mayor was authorized to execute same.
Approval of Lease of City property
located at 1510 "H" Street to Griff's
Auto Polish (Jim Griffith) for three
years.
Upon a motion by Councilman Ratty, Lease of City property
located at 1510 "H" Street to Griff's Auto Polish (Jim Griffith)
for three years, was approved and the Mayor was authorized to
execute same.
394
Bakersfield, California, December 14, 1977 - Page 24
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 12:10 A.M.
City of Bakersfield, Calif.
ATTEST:
ma
Bakersfield, California, December 21, 1977
395
Minutes of a Joint Public Hearing of the Council of the
City of Bakersfield and the Bakersfield Redevelopment Agency, held
in the Council Chambers of City Hall at 7:00 P.M., December 21,
1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance.
The City Clerk called the roll of the Council, as follows:
Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales,
Strong, Barton, Christensen
Absent: None
The Agency Secretary called the roll of the Agency, as
follows:
Present: Agency Members Casper, Foth, Lewis, Mooneyham, Poehner
Absent: Agency Members King, Puder
City Manager and Executive Director of the Redevelopment
Agency Bergen stated that Special Counsel for the Redevelopment
Agency Eugene Jacobs and the Developer were unable to attend the
meeting tonight because of conditions on the Ridge Route. Mr.
Jacobs prepared the agreement that is being considered and he
recommends that the City Council and Redevelopment Agency approve
it. Mr. Jacobs has informed the staff that the developer is unable
to move ahead with preliminary plans, financing, commitments, etc.,
until the agreement is entered into. The agreement outlines and
defines the basis by which a hotel can be built; it does not
guarantee that it will be built. The agreement does not require
the City to do something it is unable to perform. For example,
Redevelopment Agency bonds may not be saleable at that particular
time. Perhaps the project is not as economical as the developer
thought in the beginning and the bonds would not sell. It would
not result in a liability for the City. It does assure the developer
that the City's intent is to move ahead with the project. If any
serious questions develop tonight the hearing could be continued
until January 4, 1978. It is the staff's and Mr. Jacobs' hope
396
Bakersfield, California, December 21, 1977 - Page 2
that the Council and Redevelopment
possible.
MAYOR HART: This is the
Agency move ahead as early as
time set for the joint public
hearing of the City Council and the Redevelopment Agency, called
for the purpose of considering the proposed leased land as pro-
vided for in the Proposed Joint Development Agreement between the
has
Redevelopment Agency and Metro Plaza, Inc. Metro Plaza, Inc.
proposed to build a 354-room hotel across from the Convention
Center.
The documents under consideration at this hearing are:
1. The proposed Joint Development Agreement.
2. The initial Environmental Study.
3. The Summary Report on the Lease of real property.
COMMUNITY DEVELOPMENT DIRECTOR FOSTER: The Joint Develop-
ment Agreement proposes a project whereby the developer will build
a hotel and the Redevelopment Agency will build a 400-car parking
garage. Underlying the whole project proposal is the basic fact
that the City will own the land under the hotel and the garage.
There proposes to be no sale of land. This condition is to exist
for the term of the lease which is for 50 years with two 10 year
renewal options. Mr. Foster briefly outlined the proposed project
with the aid of an architectural rendering and map of the area.
EXECUTIVE DIRECTOR BERGEN: A time schedule of the pro-
ject will be presented to the Council in about thirty days. The
City is not fully comitted until the actual sale of the bonds.
MAYOR HART: All persons desiring to speak on the Proposed
Hotel Agreement will be given the opportunity to speak; but first,
Mrs. Anderson, are there any communications for or against the
proposal?
ASSISTANT CITY CLERK ANDERSON: A communication has been
received and distributed to all members from J. Banducci, 1025 -
18th Street, expressing objections to the proposed development.
Bakersfield, California, December 21, 1977 - Page 3
397
MAYOR HART: I now delcare the public hearing open for
the City Council. Are there any persons wishing to speak against
the proposal?
Mr. William Brady, property owner in the proposed develop-
ment area, very strongly objected to the hotel being constructed
in this area because he does not want to relocate his business.
MAYOR HART: Are there any persons wishing to speak in
favor of the proposal?
Mr. John McWhorter, Certified Public Accountant, 817
Truxtun Avenue, stated that Bakersfield needs this type of hotel
and is very much in favor of the project going forward.
Ms. Jeri Bruce, Director of the Convention Bureau of
the Bakersfield Chamber of Commerce, spoke in favor of the hotel
complex.
MAYOR HART: Hearing no further requests to speak, I
hereby declare the public hearing closed and defer to the Redevelop-
ment Agency.
AGENCY CHAIRMAN CASPER: Thank you Mr. Mayor. Do any
members of the Redevelopment Agency desire to ask questions or
request further clarification on the proposal?
Adoption of Resolution No. RAll-77
of the Bakersfield Redevelopment
Agency certifying that the infor-
mation contained in the initial
study with respect to the proposed
Joint Development Agreement between
the Agency and Metro Plaza, Inc.,
has been reviewed and considered;
and finding that the implementation
of said Joint Development Agreement
will not have a significant effect
on the environment.
Upon a motion by Agency Member Foth, seconded by Agency
Member Lewis, Resolution No. RAll-77 of the Bakersfield Redevelop-
ment Agency certifying that the information contained in the initial
study with respect to the proposed Joint Development Agreement
between the Agency and Metro Plaza, Inc., has been reviewed and
considered; and finding that the implementation of said Joint
398
Bakersfield, California, December 21, 1977 - Page 4
Development Agreement will not have a significant effect
on the
environment, was adopted by the following roll call vote:
Ayes: Agency Members Casper, Foth, Lewis, Mooneyham, Poehner
Noes: None
Absent: Agency Members King, Puder
Adoption of Resolution No. RA12-77
of the Bakersfield Redevelopment
Agency finding that the considera-
tion for the Lease of certain real
property in the Downtown Redevelop-
ment Project is not less than Fair
Market Rental Value in accordance
with covenants and conditions
governing such Lease; approving the
Lease of said property to Metro
Plaza, Inc., approving the Joint
Development Agreement pertaining
thereto; and authorizing the execution
of said Joint Development Agreement.
Upon a motion by Agency Member Poehner, seconded by
Agency Member Mooneyham, Resolution No. RA12-77 of the Bakersfield
Redevelopment Agency finding that the consideration for the Lease
of certain real property in the Downtown Redevelopment Project is
not less than Fair Market Rental Value in accordance with covenants
and conditions governing such Lease; approving the Lease of said
property to Metro Plaza, Inc.; approving the Joint Development
Agreement pertaining thereto; and authorizing the execution of
said Joint Development Agreement, was adopted by the following
roll call vote:
Ayes: Agency Members Casper, Foth, Lewis, Mooneyham, Poehner
Noes: None
Absent: Agency Members King, Puder
Adoption of Resolution No. RA13-77
of the Bakersfield Redevelopment
Agency adopting a Housing Replace-
ment Plan for housing to be removed
from the low and moderate income
housing market in the Downtown
Bakersfield Redevelopment Project
Area.
Upon a motion by Agency Member Mooneyham, seconded by
Agency Member Poehner, Resolution No. RA13-77 of the Bakersfield
Redevelopment Agency adopting a Housing Replacement Plan for
Bakersfield, California, December 21, 1977 - Page 5
399
housing to be removed from the low and moderate income housing
market in the Downtown Bakersfield Redevelopment Project Area,
was adopted by the following roll call vote
Ayes:
Noes:
Absent:
Agency Members Casper, Foth, Lewis
None
Agency Members King, Puder
AGENCY CHAIRMAN CASPER:
I turn the meeting back to you.
MAYOR HART: Thank you.
desire to ask questions or request
Mr. Mayor,
proposal?
Mooneyham, Poehner
the Agency has acted,
Special Counsel Jacobs not being present tonight and expressed
his concern with Mr. Brady's property rights.
Adoption of Resolution No. 114-77 of
the Council of the City of Bakers-
field certifying that the information
contained in the initial study with
respect to the proposed Joint Develop-
ment Agreement between the Bakersfield
Redevelopment Agency and Metro Plaza,
Inc. has been reviewed and considered;
finding that the implementation of
said Agreement will not have a signi-
ficant effect on the environment;
finding that the consideration for
the Lease of the property thereunder
is not less than Fair Market Rental
Value in accordance with covenants
and conditions governing such Lease;
and approving the Lease of such
property and said Joint Development
Agreement.
Upon a motion by Councilman Christensen, Resolution No.
114-77 of the Council of the City of Bakersfield certifying that
the information contained in the initial study with respect to the
proposed Joint Development Agreement between the Bakersfield
Redevelopment Agency and Metro Plaza, Inc. has been reviewed and
Councilman Strong stressed his dissatisfaction with
this is not a blighted area.
just the location and agrees with Mr. Brady, in his feeling, that
Councilman Sceales stated he does not oppose the hotel,
Do any members of the Council
further clarification of the
4OO
Bakersfield, California, December 21, 1977 - Page 6
considered; finding that the implementation o£ said Agreement will
not have a significant effect on the environment; finding that the
consideration for the Lease of the property thereunder is not less
than Fair Market Rental Value in accordance with covenants and
conditions governing such Lease; and approving the Lease of such
property and said Joint Development Agreement, was adopted by the
following roll call vote:
Ayes: Councilmen Medders,
Noes: Councilmen Sceales,
Absent: None
Ratty, Rogers, Barton, Christensen
Strong
Adjournment.
Agency Chairman Casper adjourned the Joint Public Hearing:
before the Council of the City of Bakersfield and the Bakersfield
Redevelopment Agency regarding Joint Development Agreement between
Bakersfield Redevelopment Agency and Metro Plaza, Inc., at 8:00
P.M.
Upon a motion by Councilman Sceales, the Joint Public
Hearing before the Council of the City of Bakersfield and the
Bakersfield Redevelopment Agency regarding Joint Development
Agreement between the Bakersfield Redevelopment Agency and Metro
Plaza, Inc., was adjourned at 8:00 P.M.
ATTEST:
Y~LE~R~ an~
CIT K io Clerk of the Council
of the City of t~akersfield, California
ma
Bakersfield, California, December 21, 1977
401
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:05 P.M., December 21, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Mr. George Russell
member of the Church of Jesus Christ of Latter-Day Saints.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales,
Strong, Barton, Christensen
Absent: None
Minutes of the regular meeting of December 14, 1977,
were approved as presented.
Scheduled Public Statements.
Mr. Steve Gustin, owner and operator of a skip-loader,
stated that his bid on the Weed Abatement Program was denied
because his father is a City Fireman and it was ruled a conflict
of interest.
Councilman Barton requested that the City Manager meet
with Mr. Gustin to resolve this matter.
Correspondence.
Upon a motion by Councilman Medders, communication from
Eddie D. Bell requesting annexation of property located north of
Ming Avenue and lying on the east side of Wible Road, was received
and referred to the Planning Commission for study and recommendatic, n.
Council Statements.
Mayor Hart read a report regarding the devastating wind-
storm that hit the City of Bakersfield and surrounding area on
December 20, 1977, as follows:
Tuesday morning, December 20th, when the
emergency situation threatened the City, Mr.
Bergen, Chief of Police Bob Price, Fire Chief
Dennis Needham, Director of Public Works Dale
Hawley and myself met at an early hour, hoping
to assume control of the situation. We
mobilized our staff on a 24-hour basis, in-
forming them regarding preliminary actions and
outlining actions for the safety of the citizens.
4O2
Bakersfield, California, December 21, 1977 - Page 2
Chief Price and Chief Needham had activity logs
that they maintained throughout the entire
situation, as is traditional with their depart-
ments.
As the emergency developed in intensity, we met
again in the afternoon to determine the extent
and severity of the damages and designated my
office as the authority to speak for the City
to the Governor's office and to the news media
to keep the public informed. Chief Price,
Chief Needham, and Director of Public Works
Hawley projected the requirements in antici-
pation of what would be needed to contend with
the situation that existed. The Intelligence
Center in the basement of the Police Department
was to gather and process all reports bearing
on the situation, we being fully aware that to
make valid decisions we should remain current
on the situation as it existed and the new
developments as they arose.
I will remain in contact with the news media,
establishing public information and requests
that would help us resolve the emergency situa-
tion and emphasizing the necessity of a City-
wide or Greater Bakersfield's cooperation. I
might add that the press, television, and radio
have rendered yoemen service in keeping the
citizens of the area aware of what it would
take to overcome our mutual problems.
This day I have talked with Mr. Grey Davis,
Governor Brown's Executive Secretary, and Mr.
Dick Adams of the Fresno Office of Emergency
Services, and Mr. Ray Jackson, Kern County
Emergency Services Coordinator, relating to
them the extent of the damages as near as we
can determine and asking what they in their
wisdom determine the measure of assistance and
relief the State can offer those persons who
have suffered a disastrous measure of damage
to businesses and residences as a result of
the excessive winds in this community. We
have remained cognizant of all disruptions of
electric power, been informed as to the possi-
bility of damage to gas lines, petroleum lines,
and the rupture of water and sewer systems.
To this point we have been able to contend with
all problems with our own personnel in the
Police Department, Fire Department, and those
persons involved in community service with
Public Works. The executive authority has
remained in constant touch throughout all of
yesterday, all last night, and the entirety of
this Wednesday the 21st. We have kept the news
media aware of developments, the State aware of
our situation, and the public informed.
We are working in close cooperation with Board
of Supervisors Chairman David Head, Mr. Herb
Bell, Sheriff A1 Loustalot, and the various
department heads at the County level to make
Bakersfield, California, December 21, 1977 - Page 3
403
our report complete to the State agencies that
will react to our needs.
We are using our Building and Public Works
people to fully assess the damages within the
community so that we can reflect an accurate
dollar value of the damages inflicted on this
City during the emergency. We are working
with the County as to our report of the extent
of our damages, so that the Federal Disaster
Administration and representative of the Governor,
who will be here on Thursday, will have a uni-
fied report as to damages, not only to the City
of Bakersfield, but Greater Bakersfield and
surrounding environs, which would be submitted
through the office of Board of Supervisors
Chairman Dave Head.
I ask the Council to sanction these actions
that we might proceed with whatever measures
are necessary to contend with the situation
that exists.
I might add the reaction or response we have
received from the community should surprise
nobody, for this is a wonderful City precisely
because its citizens are knit together by the
strongest bonds of community. Fellow feelings
of people for one another generate a group
spirit or climate of thought, of response. It
is something vague and inchoate, easier to feel
than describe, but effective.
Upon a motion by Councilman Barton, the Bakersfield
Disaster Council was granted sanction to proceed with whatever
measures necessary to contend with the situation that exists.
Upon a motion by Councilman Ratty, report from the
Chief of Police, dated December 13, 1977, entitled "Investigation
of College Incident November 12, 1977," that was submitted at the
Council Meeting of December 14, 1977, was received and ordered
placed on file.
Councilman Ratty read the following prepared statement:
A recent statement directly quoted in the
'Bakersfield Californian' by a non-Council
member intimated that our City Manager is in
jeopardy of being fired. The quote to which I
refer is: "If Harold Bergen wants to continue
as City Manager .... " I feel the honesty and
integrity of this Council has been compromised
by this quotation.
It is our duty and obligation to reaffirm the
belief that we - each - are elected by the
people to direct this City according to the
wishes of the people. Not individuals or
pressure groups with a personal or political
axe to grind.
4O4
Bakersfield, California, December 21, 1977 - Page 4
This Council, by the following motion, will
take a public position asserting our leadership
responsibility in an honest and straightforward
manner. Thus ending rumors that have caused
misunderstanding, and loss of confidence among
certain segments of City employees and the
general public.
I, therefore, move that this Council reaffirm
our support of Mr. Harold Bergen, City Manager,
and Mr. Robert Price, Chief of Police, by a
roll call vote.
Councilman Strong stated he does not believe any Council--
man has determined whether or not that quote was actually made or,
if it was made, found out what the individual actually meant by
the statement. In all fairness to the person who made the state-
ment opportunity should be given to come before the Council and
clarify its meaning and intent.
Councilman Christensen stated that if the Council has to
approve and react to everything printed in the newspapers or said
on television or radio the Council would be just like a cricket
and humming all day long. It is not the duty of this Council to
censor the newspapers, radio or television.
Councilman Sceales stated that he thought the Council
was losing the intent of the motion; it is merely a vote of
confidence for the City Manager and Police Chief.
Councilman Ratty's motion that the Council reaffirm their
support of Mr. Harold Bergen, City Manager, and Mr. Robert Price,
Chief of Police, was approved by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales
Noes: Councilmen Strong, Barton
Absent: None
Abstaining: Councilman Christensen
Councilman Strong, in clarifying his negative vote, stated.
that he would most definitely vote in favor of the motion after the
person has had a chance to address the Council and express what
was meant by the statement, if indeed he said it.
Bakersfield, California, December 21, 1977 - Page 5
405
Councilman Barton, in clarifying his negative vote, stated
he does not think it is as simple as a vote of confidence and he
did not read the newspaper article.
Councilman Medders read the following prepared statement:
Throughout the year the Public Works Department
picks up and hauls brush and tree trimmings
from City residences at the request of the
property owners. The minimum fee for this
service is $25.00.
If the City Council decides to waive the fee
for hauling tree trimmings and brush resulting
from the windstorm of December 20th and 21st,
then the following should apply:
If a resident has fallen tree limbs as
a result of the windstorm he can call
the City and the limbs will be removed
at no charge. The City will require the
resident to place the limbs in the
parking lane (not to extend more than
8' into the street from the curb) in
front of their homes.
Requests must be made before January 6th.
The number to call is 861-2781.
Tree trimmings and brush removal which is
not a result of the December 20th and
21st windstorm will continue to be hauled
away at the minimum fee of $25.00.
Upon a motion by Councilman Medders, Brush Hauling fee
of $25.00 was waived for persons who need this service due to
damage incurred from the windstorm that hit the City on December
20 and 21, 1977, if they call the Public Works Department by
January 6, 1978.
Councilman Medders stated that he is highly appreciative
of the job City Policemen do day after day and hope they continue
to put forth the same fine effort.
Reports.
Councilman Sceales, member of the Governmental Efficiency
and Personnel Committee, read Majority Report No. 13-77 regarding
Additional Safety Positions for Police Department, as follows:
In past years the City Council has periodically
voiced their concern regarding the number of
sworn police personnel in relationship to the
population and size of this city. In 1976 the
4O6
Bakersfield, California, December 21, 1977 - Page 6
staff was directed by the City Council to con-
duct a manpower allocation study. The Peace
Officers Standards and Training Agency (POST)
was brought in to help in this project. The
cities of Simi Valley, Turlock, Richmond and
San Mateo were contacted as they had recently
conducted and implemented the results of a
similar study.
From January 1, 1977, to March 26, 1977, this
study was conducted by the Bakersfield Police
Department. During the course of this twelve-
week survey, all activities of the Operations
Division, Patrol Division and Traffic Division
were charted. These activities included calls
for service, administrative duties, personal
time and patrol activities. The study was to
determine if the manpower in the Operations
Division was being utilized in the most efficient
manner possible and to determine if there was
a real need for additional manpower.
Problems pointed out by the survey are: l)
Frequently, the Communications Center is
holding five to nine calls because of the lack
of units to send. Therefore , the shortage of
officers on the street has a direct bearing on
the time it takes before a citizen can get
needed police service. 2) There is little
time available for preventive patrols. 3)
Several of the geographic districts are not
being serviced on a regular basis. 4) There
is not enough time allowed for neighborhood
and business patrol. This results in an in-
creased number of complaints from citizens to
the Department and the City Council.
POST representatives met with the GEP Committee
in October of this year and recommended 14 new
officers. This increase in personnel will
accomplish improvements in several areas: l)
Response time would be reduced and more districts
will be covered and the size of each district
reduced. This would give a much better level
of service. 2) More preventive patrols would
be provided during the time of greatest need.
In studying the POST recommendation for four-
teen additional personnel, the GEP Committee
considered the unique characteristics of the
City of Bakersfield as compared to other cities.
Bakersfield is a growing city, not locked in by
surrounding cities, and the resident population
of 82,000 reflects a small segment of the direct
population of the City. In a recent survey
made by the Police Department, it was found
that in the area of misdemeanor citations, 49
percent were issued to persons other than city
residents. Fifty-one percent of the traffic
citations and sixty-six percent of the total
arrests were also people residing outside the
city limits. In other words, non-residents
contributed to one-half of the total workload
of the City Police Department.
Bakersfield, California, December 21, 1977 - Page ?
4O7
After considering all factors and several
meetings regarding this issue, the majority
of the GEP Committee is convinced additional
safety personnel are needed. It is also evi-
dent that fourteen new positions and equipment
are extremely costly, $310,860 to be exact.
The majority of the GEP Committee is recom-
mending that ten new police officer positions
be authorized effective January l, 1978, and
that $132,000 be transferred from the Council's
Contingency Fund to the proper Police Department
accounts to fund this transaction for the
remainder of this fiscal year ($95,000 for
personnel costs plus $37,000 for departmental
capital outlay). The total annual cost on the
basis of the current budget is $204,000
($190,000 for personnel costs and $14,000
equipment rental).
If the Council approves this recommendation,
it is important that this action be taken
because the next Police Officer Academy begins
next month.
Respectfully submitted,
Councilman Donald A. Rogers
Councilman Michael E. Sceales
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Minority Report regarding Additional
Police Personnel, as follows:
On October 19, 1977 the GEP met with the members
of the POST (Peace Officers Standard Training)
and certain ranking.members of the Bakersfield
Police Department to discuss the results of a
recent survey which had just been completed
by these two groups working together. The
survey appeared to concentrate on the number
of calls received by the Police Department,
their broad classification, and the average
time required for an Officer or Officers to
respond to the scene of certain calls. The
discussion also included a cursory examination
of the relative time spent by the average
patrolman in the performance of his many duties
while on shift. As a result of this survey
the Police Department is requesting 14 addi-
tional Police Officers (ll patrolman and 3
traffic officers).
Although this request was the primary subject
of discussion during two previous GEP meetings
and has been under deliberation by at least
two of its members for more than two months,
it wasn't until after the Bakersfield College -
Police indicent, with some coercing from the
staff, that the other two members of the GEP
decided to make the recommendation authorizing
l0 new police officers.
4O8
Bakersfield, California, December 21, 1977 - Page 8
While it is readily admitted that this minority
report is influenced to some degree by those
officer's conduct during that previously men-
tioned incident, there are certain other over-
riding but unrelated concerns which should be
addressed before any long-range determination
is made regarding the total manpower in the
Police Department.
The ultimate recommendation of this minority
report is predicated on some of those issues
expressed below:
The recommendation authorizing 10 new
police officers is purely arbitrary; it
is a result of no study or set of facts
and amounts to nothing more than political
dogma.
Although the non-budgeted cost of adding
such additional personnel is astronomical,
the other two members of the GEP refused
to endorse the use of Federal Funds.
Consequently, the cost would be spent from
the general fund.
Request involving such large expenditures
should only be allowed during pre-budget
periods where the financial impact could
be considered in light of other fiscal
cost.
Only a few months ago during budget con-
siderations additional police personnel
was recommended by this same GEP and
ultimately approved by the Council.
Although there are 5 Captains, l0 Lieutenants,
19 Sergeants and 28 Detectives currently
authorized in the Police Department;
nothing significant was mentioned in the
POST survey regarding their duties, time,
and motion responsibility.
Chief Price admitted during these talks
that the number of accidents involving
police vehicles was extremely high; yet,
no accurate accounting of the incidents
or their cost have ever been provided the
Council.
Some cities with similar population operate
their Police Department with as few as 90
police officers while our full compliment
is 160. This does not include the large
number of non-sworn (support) personnel.
One of the POST members in his comments to
the committee suggested that the high cost
of funding these additional positions could
be offset by revenues accruing to the City
from the writing of more traffic tickets
by the new officers.
Bakersfield, California, December 21, 1977 - Page 9
4O9
Again it is the position of this minority report
that requestor this magnitude, where no urgency
exist, should follow Council policy and be
submitted at budget-time.
It is therefore requested that this minority
report be accepted, and that the recommendation
by the majority report authorizing l0 new
positions in the Police Department be denied
AT THIS TIME.
Respectfully submitted,
Councilman Vernon D. Strong
Chairman GEP
During discussion, Lt. Rudder, of the Police Department,
answered questions of the Council regarding the twelve-week survey
made of the Operations Division.
During a lengthy discussion, Councilman Sceales made a
motion that the Council set a policy that if there is to be a
Minority and Majority Report, on the same subject, and both reports
are not ready at the same time, then they will be held over for the
following week. This motion failed to carry by the following roll
call vote:
Ayes: Councilmen Medders, Rogers, Sceales
Noes: Councilmen Ratty, Strong, Barton, Christensen
Absent: None
Councilman Sceales made a motion that Majority Report
No. 13-77 of the Governmental Efficiency and Personnel Committee
regarding Additional Safety Positions for Police Department, be
accepted; ten new Police Officer positions, effective January 1,
1978, be authorized; and Budget Transfer from the Council's
Contingency Fund to the proper Police Department accounts, in the
amount of $132,000 to fund this transaction for the remainder of
this fiscal year, be approved.
Councilman Christensen reported on the number of Police
Officers, per 1,000 population, and population of the areas
surrounding the following cities:
410
Bakersfield, California, December 21, 1977 - Page 10
City
Chula Vista
Costa Mesa
San Mateo
Pamona
Stockton
Salinas
Merced
Ventura
Bakersfield
Population
80 000
77 000
80 000
83 600
122 000
74 200
32 000
70,000
82,000
(84,000)
Carson
Lakewood
Councilman
by the next meeting,
rate compared to the
Surrounding Policemen
Area Sworn Per 1,000
Population Officers Population
40,000 89 1.1
1,500,000 130 1.7
300,000 110 1.4
200,000 142 1.7
60,000 224 1.8
16,000 114 1.5
35,000 51 1.6
35,000 94 1.3
126,000 160 1.9
Contracted Cities
80,000 33,600
85,000 235,000
Christensen requested
88 1.1
60 .7
that the staff secure,
the City of Bakersfield's rank in the crime
cities reported above.
Chief Price answered questions of Councilman Barton
regarding the POST survey, conducting a survey of the Police
Department and the statistics quoted by Councilman Christensen.
After considerabl~ discussion, Councilman Sceales'
motion that Majority Report No. 13-77 of the Governmental Efficiency
and Personnel Committee regarding Additional Safety Positions for
Police Department, be accepted; ten new Police Officer positions,
effective January 1, 1978, be authorized; and Budget Transfer from
the Council's Contingency Fund to the proper Police Department
accounts, in the amount of $132,000 to fund this transaction for
the remainder of this fiscal year, be approved, carried by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Ratty, Rogers, Sceales
Councilmen Strong, Barton, Christensen
None
Bakersfield, California, December 21, 1977 - Page ll
411
Upon a motion by Councilman Barton the staff was instructed
to contact the Arthur D. Little Company as to the cost of a manage-
ment study of the Police Department. Councilmen Rogers and Sceales
voted in the negative on this motion.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 14-77 regarding Two Addi-
tional Fire Department Personnel, as follows:
In 1976, the City's Weed Abatement Program was
transferred from the Public Works Department to
the Fire Department. At that time it was felt
that a temporary employee, six months a year,
could handle this program; however, it has
become apparent that this is not the case.
The major duties of the Weed Abatement Coordina-
tor are dealing with property owners, researching
titles, dealing with other government agencies,
coordinating and follow-up of work performance,
photographing of property prior to and after
cleaning, billing property owners, and recording
assessments. The entire program requires one
full-time employee, nine to ten months out of
the year, and during the slack time the Fire
Chief will utilize this employee as a supple-
mentary inspector.
The other requested position is for one addi-
tional Fire Captain to be utilized in the
Training Division. This Division has operated
with one Battalion Chief since the mid-1930's.
Occasionally a Fire Captain who has been injured
and was not able to go on firefighting duties
was assigned to the Training Division on a
temporary basis. Over the years there have
been safety employees who have retired on a
service connected disability who could have
been able to fill such a position and remain
until a normal retirement age. If this position
is authorized the Fire Chief intends to transfer
a recently injured employee into this position.
The duties and responsibilities of this position
would involve the training of Fire personnel
in the fire station and on the drill grounds.
He would assist the Training Officer in carrying
out the training program of the Fire Department.
In more detail, he would be working very close
with the ranks of Firefighter and Fire Engineer.
This position would enable the Training Officer
to further develop the overall Fire Department
training program.
The GEP Committee members have discussed both
of these programs and are unanimously in favor
of both of these positions.
Bakersfield, California, December 21, 1977 - Page 12
We are, therefore, recommending Council approval
of one Weed Abatement Coordinator at a salary
level of $1066 to $1299 per month and the
authorization of one additional Fire Captain
position.
The total annual cost for these two positions
will be $42,000; however, the Fire Chief feels
that he has enough money in his current budget
to finance both positions for the remainder
of fiscal year 1977-78.
In order to effectuate this report we are
recommending approval of the attached salary
resolution and job specifications for Weed
Abatement Coordinator.
Upon a motion by Councilman Strong, Report No. 14-77 of
the Governmental Efficiency and Personnel Committee regarding Two
Additional Fire Department Personnel, was accepted; job specifi-
cations for Weed Abatement Coordinator, was approved; and one
additional Fire Captain position, was approved.
Adoption of Resolution No. 115-77 of
the Council of the City of Bakers-
field amending Resolution No. 51-77,
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Christensen, Resolution No.
115-77 of the Council of the City of Bakersfield amending Resolution
No. 51-77, setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Medders, Ratty, Rogers, Sceales, Strong,
Barton, Christensen
Noes: None
Absent: None
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 6-77 regarding Board of
Zoning Adjustment Appeal - Ben Benton, as follows:
At the City Council meeting of December 14,
1977, Mr. Ben D. Benton appealed the decision
of the Board of Zoning Adjustment which had
denied his request for a modification of 54
parking spaces.
Bakersfield, California, December 21, 1977 - Page 13
On Monday afternoon this Committee met to
review the materials related to the appeal.
It is our feeling that in view of the critical
parking problems downtown that the appeal be
denied and the decision of the Board of Zoning
Adjustment upheld.
Within the next six months a parking study will
be completed. If, as a result of that study,
changes in our Zoning Ordinance change the
parking requirements for Mr. Benton, and if Mr.
Benton does not proceed with his modified
development, then it is the intention of this
Committee to, upon its own action, review Mr.
Benton's request and other action may be forth-
coming.
Councilman Barton made a motion that Report No. 6-77 of
the Business Development and Parking Committee regarding Board of
Zoning Adjustment Appeal - Ben Benton, be accepted.
Mr. Ben D. Benton requested that the modification be
granted.
Vice-Mayor Medders reminded the Council and public that
the hearing was held and closed to the public at the meeting of
December 14, 1977.
Councilman Strong requested that a decision on this
appeal be held over until the next meeting to allow Mr. Benton
time to thoroughly discuss the parking problem with the Business
Development and Parking Committee.
Councilman Rogers stated that he is not prepared to vote
on this matter tonight and would like it held over until the next
meeting.
After a lengthy discussion, Councilman Barton's motion
that Report No. 6-77 of the Business Development and Parking
Committee regarding Board of Zoning Adjustment Appeal - Ben Benton,
be accepted, was approved by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Sceales, Barton
Noes: Councilmen Rogers, Strong, Christensen
Absent: None
Bakersfield, California, December 21, 1977 - Page
Adoption of Zoning Resolution No.
259 Denying Modification of the Land
Use Zoning Ordinance of the City of
Bakersfield to allow the elimination
of the required 54 Off-Street Parking
Spaces for retail sales and lunch
room on that certain property
commonly known as 1400 - 17th Street.
Upon a motion by Councilman Barton, Zoning Resolution
No. 259 Denying Modification of the Land Use Zoning Ordinance of
the City of Bakersfield to allow the elimination of the required
54 Off-Street Parking Spaces for retail sales and lunch room on
that certain property commonly known as 1400 - 17th Street, was
adopted by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Sceales, Barton
Noes: Councilmen Rogers, Strong, Christensen
Absent: None
Director of Public Works Hawley read a report regarding
Crossing Guard Reassignment, as follows:
In September, 1977, four way stop signs were
installed at the intersection of Planz Road
and Wible Road, which is also protected by a
school crossing guard. Recent studies indicate
that the crossing guard is no longer warranted.
The Traffic Engineer has discussed this matter
with the Principal of Seibert School and he
has indicated that he would like to see the
crossing guard remain even though it might not
meet the warrants.
We have also recently made a study for the un-
controlled intersection at Planz Road and
McCourry Street. With the widening and re-
construction of Planz Road, the traffic has
increased and this intersection now meets the
warrants for an adult crossing guard.
It is recommended that the adult crossing guard
at Planz Road and Wible Road be reassigned to
Planz Road and McCourry Street. If the crossing
guard is not reassigned, it is recommended that
$3500 be transferred from Council Contingency
Funds to provide a crossing guard at Planz
Road and McCourry Street for the remainder of
the fiscal year.
Councilman Sceales stated that he opposes transferring
a crossing guard at this time.
Upon a motion by Councilman Barton, Budget Transfer from
the Council Contingency Fund, in the amount of $3,500.00, to provide
Bakersfield, California, December 21, 1977 - Page 15
415
a crossing guard at Planz Road and McCourry Street for the remainder
of this fiscal year, was approved.
City Manager Bergen commended the Public Works Department,
as well as the Police Department and Fire Department, for the fine
job they did during the windstorm of December 20, 1977. Councilman
Sceales concurred in this statement.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2445 to 2622,
inclusive, in the amount of $293,430.75.
(b)
Public Utility Easement from John Lencioni
and Josephine Lencioni as required for
Parcel Map No. 3705 "B."
(c)
Application for Encroachment Permit from
David J. Miller, 319 Beech Street, for
construction of a 3' to 4' high grape
stake fence at back of sidewalk in the
public right-of-way at 319 Beech Street.
Request for deviation from City Sidewalk
Standard for construction of a free form
sidewalk approximately parallel to north
curb line of Stockdale Highway from
Montclair Street west approximately 600
feet.
Upon a motion by Councilman Ratty, Items (a), (b), (c)
and (d) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes:
Councilmen Medders, Ratty, Rogers, Sceales, Strong.
Barton, Christensen
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Sceales, low bid of Odorite
Janitorial Supply Company for Annual Contract No. 17078 for
Janitorial Supplies, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rogers, the next four items
were voted upon in one motion by the Council. Councilman Christensen
voted in the negative on this motion.
416
Bakersfield, California, December 21, 1977 - Page 16
Upon a motion by Councilman Rogers, bid of Rose Chemical
Engineering for Annual Contract No. 10178 for Water Treatment
Chemicals (14 items), was accepted, the other bid rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rogers, low bids of Moore
Business Forms for 21 items, Vanier Graphics for 7 items, Data
Documents for 5 items and Kern Printing Company for I item for
Annual Contract for Printing Special Forms (34 items), were accepted
and the Mayor was authorized to execute the contracts.
Upon a motion by Councilman Rogers, low bid of Kern
County Equipment Company for German- Rupp 10" Self Priming Trash
Pump with Diesel Engine, was accepted and all other bids rejected.
Upon a motion by Councilman Rogers, low bid of Ray Gaskin
Service for two Cabs and Chassis for Public Works Department, was
accepted and all other bids rejected.
Upon a motion by Councilman Sceales, the bid received
for Hunter Shop Equipment for New Corporation Yard, was rejected
and the Finance Director was authorized to readvertise the project.
Upon a motion by Councilman Ratty, low bid of James G.
Francis for Chester Avenue Improvement between 24th Street and
Garces Circle, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract, conditioned on
receipt of approval of such award by the Federal Highway Adminis-
tration and CalTrans.
Upon a motion by Councilman Sceales, low bid of Jim
Burke Ford for ten Pickup Trucks, was accepted and the other bid
rejected.
Upon a motion by Councilman Ratty, bid of Flashco, Inc.,
for Hydraulic Tailgate Spreaders for Public Works Department (two
each), was accepted.
Upon a motion by Councilman Rogers, high bid of Garone
Cattle Company for Municipal Sewer Farm Lease (638.4 acres), was
accepted, the other bid rejected and the Mayor was authorized to
execute the lease.
Bakersfield, California, December 21, 1977 - Page 17
417
Deferred Business.
Adoption of Ordinance No. 2392 New
Series of the Council of the City
of Bakersfield adding Chapter 1.86
to Title l, repealing Subsection (d)
of Section 13.04.120 of Chapter 13.04,
amending Section 13.28.110 of Chapter
13.28, concerning creation of
Housing Advisory Finance and Appeals
Board, setting forth powers and
duties thereof.
Upon a motion by Councilman Barton, Ordinance No. 2392
New Series of the Council of the City of Bakersfield adding Chapter
1.86 to Title 1, repealing Subsection (d) of Section 13.04.120 of
Chapter 13.04, amending Section 13.28.110 of Chapter 13.28, con-
cerning creation of Housing Advisory Finance and Appeals Board,
setting forth powers and duties thereof, was adopted by the
following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong,
Barton, Christensen
Noes: None
Absent: None
New Business.
Adoption of Resolution No. 116-77 of
the Council of the City of Bakers-
field approving method for distri-
bution, among the County of Kern and
Cities within Kern County, of Federal
Funds available under the Safer Off-
System Roads Program.
In the past, the City has received funds for street
improvements on the City's Federal Aid-Urban Routes, which consists
mainly of the major streets. This program provides some funding
for the County and Cities on the minor or local roads which are
not on the FAU System. The distribution of the funds is based
primarily on urban population.
Upon a motion by Councilman Ratty, Resolution No. 116-77
of the Council of the City of Bakersfield approving method for
distribution, among the County of Kern and Cities within Kern
County, of Federal Funds available under the Safer Off-System
Bakersfield, California, December 21, 1977 - Page 18
Roads Program, was adopted by the following roll call vote:
Ayes:
Councilmen Medders, Ratty, Rogers, Sceales, Strong,
Barton, Christensen
Noes: None
Absent: None
Approval of Purchase of Property
adjacent to Fire Station No. 1.
The purchase price is $157,000 which is within accept-
able limits of the appraisal. The property is being acquired for
the expansion of offices for the Fire Department. This is a
budgeted item, and the price is well within the budget figures.
Upon a motion by Councilman Ratty, purchase of property
adjacent to Fire Station No. i for expansion of offices, in the
amount of $157,000, was approved and the City Attorney was
authorized to open escrow.
Recess.
Upon a motion by Councilman Rogers, the Council recessed
the regular meeting for a Budget Hearing on Title II - Anti-
recessionary Funds.
Budget Hearing.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 8-77 regarding Title II -
Antirecessionary Funds, as follows:
The City of Bakersfield has again received
funds under Title II of the Public Works
Employment Act. As the Council may recall,
these funds are designed to assist local
government maintain levels of employment and
basic services.
The City presently has $155,000 of these funds
in a trust account (See Attachment #1 for an
analysis of these receipts). The regulations
for the use of these funds require they be
appropriated, obligated, or actually spent
within six months of receipt. The staff has
informed us there is a need for additional
funds within the operating budgets of several
departments resulting from City growth and
prices and rates higher than anticipated.
(See Attachment #2). These uses would meet
the eligibility requirements of the Act.
Bakersfield, California, December 21, 1977 - Page 19
This Committee has reviewed these and feel they
are justified and therefore recommends the City
Council authorize the appropriation of $155,000
of Title II funds to meet these needs as
indicated on Attachment #2.
ATTACHMENT #2
City of Bakersfield
Recommended Use of Title II Funds
Electricity:
Street Lighting $ 80,000
Auditorium 42,000
Police 10,000
California Avenue
Park Facility 8,000
Street Maintenance Materials
$140,000
15,000
TOTAL $155,000
Vice-Mayor Medders declared the hearing for public
participation. No protests or objections being received and no
one wishing to speak in favor, the public portion of the hearing
was closed.
Upon a motion by Councilman Sceales, Report No. 8-77
from the Budget Review and Finance Committee regarding Title II -
Antirecessionary Funds, was accepted; and appropriation of
$155,000 of Title II Funds to meet the needs as indicated on
Attachment #2, was approved. Councilman Strong abstained from
voting on this matter.
The Budget Hearing was adjourned
vened to the regular Council Meeting.
Adjournment.
There being no further business to
Council, upon a motion
adjourned at 11:40 P.M.
and the Council recon-
come before the
by Councilman Ratty, the meeting was
MAYOR of the Ci~sfield,
ATTEST~ --
Calif.
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