HomeMy WebLinkAboutJULY - SEPT 1977180
Bakersfield, California, July 11, 1977
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., July 11, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Rogers.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Strong,
Barton, Christensen
Absent: Councilman Sceales
Minutes of budget session of June 22, 1977 and regular
meeting of June 27, 1977 were approved as presented.
Scheduled Public Statements.
Mrs. Anne Monroe, 236 New Stine Road, addressed the
Council expressing disapproval of certain benefits granted the
City of Bakersfield Police and Fire employees, the hiring of
special outside help, the City Council voting to meet twice a
month, the conditions of streets and roads, and various City
expenditures.
Mr. Joe Garone, tenant on City Sewer Treatment Farms,
stated he wished to compliment the Council and the people of
Bakersfield for their voluntary conservation of the use of water,
despite the fact that he has had to idle some of the leased
acreage because of a flow of water from the Treatment Plants of
10% to 12% less than a year ago.
City Manager Bergen reported that the Community Develop-
ment Block Fund of $820,000 has been approved effective July 13,
1977, to be used for curbs, gutters, storm drains, new streets,
housing code enforcement, and the removal of deteriorated and
dilapidated structures.
Counci~ Statements.
Councilman Rogers stated he wished to express his
appreciation to Mr. Frank Fabbri, City Parks Superintendent,
Bakersfield, California, July 11, 1977, Page 2
and the members of the City Parks Department for keeping the
standards of City Parks at such a high level, as reported in an
article in The Bakersfield Californian.
Reports.
Councilman Strong, Chairman of the Governmental Effi-
ciency and Personnel Committee, read Report No. 11-77 regarding
Change in Acting Appointment Ordinance as follows:
Due to an apparent conflict in the City's
acting appointment ordinance, the staff
has recommended a limitation be placed
on the amount of time an employee can be
appointed to an acting capacity. Under
the present ordinance, an employee could
work an indefinite period of time which
the Attorney's Office feels could violate
the right of reasonableness. Meet and
confer sessions have been held with the
various employee organizations and they
have agreed to the staff recommendation
of a six month limitation on acting
appointments and Civil Service Board
approval if an extended period of time
is necessary.
The Governmental Efficiency and Personnel
Committee supports this change and recom-
mends Council approval of the attached
ordinance regarding acting appointments.
Upon a motion by Councilman Strong, Governmental Effi-
ciency and Personnel Report No. 11-77 regarding Change in Acting
Appointment Ordinance was accepted and first reading was given
Ordinance of the Council of the City of Bakersfield amending
Subsection (a) of Section 3.18.110 of the Municipal Code concerning
Acting Appointment of Permanent Employees.
Upon a motion by Councilman Medders, City Manager's
Report regarding Request to Lease City-Owned Property, at the
Southeast corner of Mt. Vernon and Brundage Lane, was received and
placed on file. The staff recommended disapproval of the request,
considering the nature of the required ordinance changes to accommo-
date this one request, economic benefit to the City, and the City's
policy of not competing with private industry.
Bakersfield, California, July 11, 1977 - Page 3
Upon a motion by Councilman Rogers, City Manager's
Report regarding Proposed Bakersfield Cable TV Rate Increase was
received and placed on file, and the next regular Council Meeting
of Monday, July 25, 1977, was established as the date of hearing
the matter.
City Manager Bergen read a memorandum to Community
Director Dick Foster from Planning Director Dewey Sceales, dated
July 6, 1977, regarding the past history of the First Baptist
Church property at the northwest corner of Ming Avenue and New
Stine Road.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 4985 to 5137,
inclusive, in the amount of $150,289.03,
and Claims Nos. 1 to 15, inclusive, in
the amount of $10,658.34.
(b)
Sewer Line Easement from Tenneco Realty
Development Corporation, as required for
Parcel Map No. 4064.
(c)
Notice of Completion and Acceptance of
Work on resurfacing portions of Columbus
Avenue and Benton Street and reconstruction
of a portion of Monterey Street - Granite
Construction Company, Dicco Division.
(d)
Application for Encroachment Permit from
Haberfelde Ford, 1400 "H" Street, Bakers-
field, for construction of a 6-foot high
concrete block wall along 19th Street west
of Oak Street.
(e)
Application for Encroachment Permit from
P. V. Hinojos, 225 "U" Street, Bakersfield,
for construction of a 4-foot high concrete
sidewalk and in the public right of way.
(f)
Map of Tract No. 3878 and Improvement Agree-
ment for the construction of improvements
therein, located south of Freeway 58 and
west of Oleander Avenue.
(g)
Request of John L. Rose, Trades Assistant,
for additional 90-day leave of absence with-
out pay beginning July 7, 1977 and extending
through October 4, 1977.
Bakers£ield, California, July 11, 1977 - Page 4
183
(h)
Request from Tenneco Realty Development
for amendment to the General Plan on
property on the south side of Stockdale
Highway, west of Village Lane. (Refer
to Planning Commission for study and
recommendation.)
(i)
Adoption of Resolution No. 55-77 of the
Council of the City of Bakersfield, State
of California, calling a public hearing
to determine whether public necessity,
health, safety or welfare require forma-
tion of an Underground Utility District
within designated area, date of hearing
August 10, 1977.
(J)
Three agreements for the sale of sand out
of Calloway and Kern River bed with
Granite Construction Company.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), and (j) of the Consent Calendar
were adopted by the following roll call vote.
Ayes: Councilmen Medders, Ratty, Rogers, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Sceales
Deferred Business.
Adoption of Ordinance No. 2360 New
Series of the Council of the City
of Bakersfield amending various
sections of Chapter 9.08 of Title 9
of the Municipal Code, concerning
Public Pound.
This Ordinance was given first reading at the Council
Meeting of June 27, 1977.
Upon a motion by Councilman Christensen, Ordinance No.
2360 New Series of the Council of the City of Bakersfield amending
various sections of Chapter 9.08 of Title 9 of the Municipal Code,
concerning Public Pound, was adopted by the following roll call
vote
Ayes
Councilman Medders, Ratty,
Christensen
Rogers, Strong, Barton,
Noes None
Absent: Councilman Sceales
184
Bakersfield, California, July 11, 1977 - Page 5
New Business.
Electric Company Electric Extension
and Service Agreement.
This agreement, between the City of Bakersfield and
Pacific Gas & Electric Company, is a regular three-year service
agreement to provide electric service to City of Bakersfield
Well No. 9, 300 HP motor, located on Quailwood Drive, west of
E1 Rio Drive, Tract No. 3886.
Upon a motion by Councilman Medders, three-year agree-
ment between the City of Bakersfield and Pacific Gas & Electric
Company to provide electric service to City of Bakersfield Well
No. 9, 300 HP motor, located on Quailwood Drive, west of E1 Rio
Drive, Tract No. 3886, was approved and the Mayor was authorized
to execute same.
Approval of Quitclaim Deed for
surrender of excess Calloway Canal
right of way in Section 23, Town-
ship 29 South, Range 27 East.
The south right of way line of Calloway Canal was
established several years ago. This action would establish the
northerly and westerly line.
Upon a motion by Councilman Ratty, Quitclaim Deed for
surrender of excess Calloway Canal right of way in Section 23,
Township 29 South, Range 27 East, to Tenneco Realty Development
was approved and the Mayor was authorized to execute same.
Approval of Lease Agreement between
City of Bakersfield and Bayfield,
Ltd. for parking spaces.
This agreement would permit the Bank of America to use
20 parking spaces in the lot formerly occupied by the old police
building for three years at $10 per month per space. The City
Council authorized preparation of such agreement on May 9, 1977.
Upon a motion by Councilman Ratty, Lease Agreement
between the City of Bakersfield and Bayfield, Ltd. for parking
Bakersfield, California, July 11, 1977 - Page 6
185
spaces
one year,
same.
(20), with the correction of the term of the contract to be
was approved and the Mayor was authorized to execute
Adoption of Resolution No. 56-77 of
the City Council requesting Kern
County Local Agency Formation Commission
to approve revision of City's Sphere of
Influence and that such Commission find
that such request can be considered and
studied as part of periodic review.
The Planning Commission reviewed and approved the
proposed amendment to the Sphere of Influence on July 6, 1977.
This amendment is required in order to annex the newly-acquired
City properties west of the City Limits along the Kern River and
south of the existing Sewer Plant #2 spreading grounds. By
annexing this property prior to January 1978 the City will not
have to pay County taxes on the property.
Upon a motion by Councilman Rogers, Resolution No. 56-77
of the City Council requesting Kern County Local Agency Formation
Commission to approve revision of City's Sphere of Influence and
that such Commission find that such request can be considered and
studied as part of periodic review was adopted by the following
roll call vote:
Councilmen Medders, Ratty,
Christensen
Ayes:
Noes:
Absent:
Rogers, Strong, Barton,
None
Councilman Sceales
Adoption of Resolution No. 57-77 of
the Council of the City of Bakers-
field regarding Certification of
Right-of-Way for improvement of "Q"
Street between Truxtun Avenue and
Golden State Avenue.
Right-of-way certification is required by the Federal
Highway Administration when Federal Aid Urban Funds are proposed
for a street project.
The certification indicates that the City has the neces-
sary right-of-way for the construction of the FAU Project on "Q"
186
Bakersfield, California, July 11, 1977 - Page 7
Ayes:
Noes:
Absent:
Street. The "Q" Street reconstruction project is in the budget
for the current fiscal year.
Upon a motion by Councilman Ratty, Resolution No. 57-77
of the Council of the City of Bakersfield regarding Certification
of Right-of-Way for improvement of "Q" Street between Truxtun
Avenue and Golden State Avenue was adopted by the following roll
call vote:
Councilmen Medders, Ratty, Rogers, Strong, Barton,
Christensen
None
Councilman Sceales
Approval of Agreement between the City
of Bakersfield and Biggat, Frapwell,
Ghezzi and Cartnal, Architects, for
architectural services in connection
with the proposed remodeling and addi-
tion to the City Hall.
This
(1)
proposed south
(2)
contract includes two projects:
Architectural services for construction of the
wing of the City Hall, and
Architectural services for remodeling portions
Agreement between
Ghezzi and Cartnal,
of the first floor of the west wing of the existing building.
This agreement is within the existing agreement which
provides for this work.
Upon a motion by Councilman Ratty,
the City of Bakersfield and Biggar, Frapwell,
Architects, for architectural services in connection with the
proposed remodeling and addition to the City Hall was approved
and the Mayor was authorized to execute same.
Approval of Resolution No. 58-77
of the Council of the City of Bakers-
field approving the formation and
members and directors of the Southeast
Bakersfield Wastewater Treatment Facil-
ities Consolidation Corporation and
approving the financing arrangements
for bonds of said Corporation.
Assistant City Manager Buell stated the amount of the
bond issue as anticipated at this time is $4,380,000.
Bakersfield, California, July 11, 1977 - Page 8
187
Upon a motion by Councilman Rogers, Resolution No. 58-77
of the Council of the City of Bakersfield, approving the formation
and members and directors of the Southeast Bakersfield Wastewater
Treatment Facilities Consolidation Corporation and approving the
financing arrangements for bonds of said Corporation, was adopted
by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Sceales
Adoption of Resolution No. 59-77
of the Council of the City of Bakers-
field determining and certifying to
County of Kern Auditor-Controller
amount of cancellation fee landowner
must pay County Treasurer as deferred
taxes upon cancellation of Land Use
Contract under Williamson Act.
This Resolution certifying the cancellation fee is
required by Section 51283 of the Government Code prior to giving
tentative approval to the cancellation of any contract under the
Williamson Act.
Upon a motion by Councilman Rogers, Resolution No. 59-77
of the Council of the City of Bakersfield determining and certifyin~g
to County of Kern Auditor-Controller amount of cancellation fee
landowner must pay County Treasurer as deferred taxes upon cancel-
lation of Land Use Contract under Williamson Act was adopted by the
following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Sceales
Hearings.
This is the time set for public hearing regarding Petition
for Cancellation of Land Use Contract under Williamson Act.
This hearing has been duly advertised and the property
owners have been notified as required by law and the City Council
188
Bakersfield, California, July 11, 1977 - Page 9
acres covered
owners.
Ms.
has certified the cancellation fee. The proposed resolution con-
tains the findings required to be made by the Williamson Act for
cancellation of land use contracts. If adopted, tentative approval
of the cancellation of the contract is granted.
The cancellation becomes final upon the recording by the
City of a Certificate showing that the cancellation fee (deferred
taxes) has been paid to the County Treasurer, in full, within the
time limited by the resolution. Jurisdiction to approve or dis-
approve lies with the City Council due to annexation of the two
in the contract originally executed by the County and
Joyce Gardenhire, agent for the seller and buyer of
the property in question, appeared in approval.
Upon a motion by Councilman Medders, Resolution No. 60-77
determining petition for cancellation of Land Use Contract under
Williamson Act with respect to part of the
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Ratty,
Christensen
None
Councilman Sceales
land (two acres) was
Rogers, Strong, Barton,
Recess.
There being no further business to come before the Council,
upon a motion by Councilman Ratty, the meeting was recessed at
8:55 P.M. until 4:00 P.M., Tuesday, Julv~
M~ th~ Cify~6f Bake'rsfield, Calif.
ATTEST:
~E~.R~nd~c
CITY a io Clerk of the Council
of t~e City of B~l(ersfield, California
mp
Bakersfield, California, July 19, 1977
189
of
Hall at 4:00 P.M., July 19, 1977.
The meeting was called to order by Mayor Hart
by the Pledge of Allegiance.
Present:
Absent:
Minutes of a recessed meeting of the Council of the City
Bakersfield, California, held in the Council Chambers of City
followed
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales,
Strong, Barton, Christensen
None
Mayor Hart announced that this meeting is being held for
the purpose of hearing a presentation by the International Brother--
hood of Police Officers and the City's designated representative
regarding the City's final offer to Police Officers on salaries
and fringe benefits.
Mr. Robert Griem, Attorney for the International Brother-.
hood of Police Officers who has been acting as Chief Negotiator in
Bakersfield, stated that they are requesting that the Council up-
grade the Police Officer's retirement system by granting a retire-
ment plan that bases the benefits on years of service with a
mandatory retirement age of 60. As an example, an officer at age
50 with 20 years of service would receive 40%, or with 30 years of
service 60%. The present system was entered into in 1942 and
theoretically awards an officer one-half pay at age 55, it does
not take into consideration the amount of time on the force. An
officer who starts at age 21 or 35 will receive identical benefits
at age 55.
Mr. Griem cited various statistics which included:
1976 Police Officers Research Association of
California (PORAC) survey on salaries and
retirement systems of cities in California with
populations between 50,000 and 100,000.
Examples of stress a Police Officer works under.
Crime rate in Bakersfield.
190
Bakersfield, California, July 19, 1977 - Page 2
The remedy requested by the Union is that the City accept
their proposal, "Plan D," which allows for:
o
Compensation based on the last year of
salary as opposed to the last 3 years of
salary, including the 1959 Survivors
Benefit and POST Survivors Benefit, which
exist in the present program.
Provision £or military credit that would
allow the officer to pay into the system
for military service time.
3% pay raise - because the majority of
officers now pay between 6% and 9% of
their salaries into the retirement system
and under the new plan it would be a flat
9% for everyone. The 3% is requested so
there will not be an out-of-pocket loss
to officers for joining the new system.
Mr. Griem stated he did not know whether the objection
to this proposed retirement plan was money or not. He then
presented the Council with copies of two City of Bakersfield's
Daily Treasury Reports dated June 30, 1976 and June 30, 1977,
which, he stated, were made available by City Hall employees who
thought the Police Officers were getting a raw deal and were mailed
to him in an unmarked envelope. Mr. Griem stated he has had some
experience in accounting. The report dated June 30, 1976
(beginning of fiscal year) shows cash on hand in various forms
amounting to approximately $16,830,000.00 of which 99.88% is
invested and $10,440,000.00 of that is listed in inactive accounts.
Inactive accounts, as he reads the ledger, is money not earmarked
for any specific purpose.
fiscal year) shows funds
99.71% is invested, with
The report dated June 30, 1977 (end of
in the amount of $17,680,855.19 of which
inactive accounts totaling $7,110,000.00.
These figures taken on top of the proposed City budget of approxi-
mately $30,000,000.00 and the actual budget of approximately
$23,000,000.00 leads one to believe the money is actually there.
This leaves the Council with the choice of whether they want to
spend it or not, but the fact is there that the money exists.
Therefore, the ability to pay is not a logical reason for turning
down this particular request, the desire may be something else.
Bakersfield, California, July 19, 1977 - Page 3
191
Mr. Griem presented a petition from the Police Depart-
ment signed by ll0 officers, of all ranks, requesting Council
approval of the 2% at 50 Years Retirement Plan.
Mr. Griem concluded his presentation by stating that
the whole purpose of this entire proposal was to obtain a decent
retirement for the Bakersfield Police Officers and bring them up
to par with other cities by allowing them to retire with a little
dignity without having to find a part time job. The IBPO hopes
the Council will give favorable consideration to this proposal.
Mr. Nicholas Counter, City's Negotiator, explained the
difference in the roles of the Union, the City's Negotiators and
the Council at this meeting. It is hoped that the City's
Negotiators can convince the Council that the last proposal that
was made at the bargaining table is the best alternative to meet
the demands of employees, management and taxpayers.
Mr. Counter presented the Council with a position paper
from the designated representatives (J. Nicholas Counter III,
Richard Russell and Richard Oberholzer) of the City of Bakersfield
regarding the Impasse with the International Brotherhood of Police
Officers, dated July 19, 1977. Management's proposal (Alternative
A) to the Police Officers is a 4% salary increase effective July,
1977, 4% salary increase effective April, 1978, and a 10% increase
in health insurance contribution by the City, effective July, 1977.
Alternative B was set forth because it is important to understand
that management did not totally reject improvements in the retire-
ment plan at the negotiating table, in fact a proposal was made on
that subject which was not accepted by the other side. Alternative
B proposed a 4% salary increase effective July, 1977, 10% increase
in health insurance contribution by the City, but in lieu of the
4% salary increase in April, 1978 (under Alternative A) a retire-
ment improvement of 2% at 55, highest 3 years compensation was
offered, effective November, 1977.
Bakersfield, California, July 19, 1977 - Page 4
Mr. Counter pointed out the cost differences and benefits
in the present, 2% at 55 and 2% at 50 retirement plans as outlined
in the position paper. The remainder of the position paper
contained the following information:
History of Bakersfield's Retirement Contract.
Number of Police Officers contributing less
than 9% to P.E.R.S.
California cities with populations between
50,000 and 100,000 containing population,
retirement plans, total number of sworn
personnel, assessed valuation and general
tax rate.
United States Department of Labor, Bureau
of Labor Statistics, Annual Cost of an
Intermediate Budget for a 4-Person Family,
Autumn 1976.
1976-77 Budget for Police Protection for
Kern County and City of Bakersfield.
City of Bakersfield's Entry Level Classifi-
cations Salary Study.
City of Bakersfield's Management Proposal
Comparison for FY 1977-78 between IBPO
(Alternatives A and B), SEIU (Blue and White
Collar Units) and Teamsters (Fire and Super-
visory Units).
Cost of Living Increase - for Los Angeles-
Long Beach and San Francisco.
Analysis of Total Compensation for Police
Officers for FY 1977-78.
Pertinent Findings "Restoring Soundness to
California's Public Pension System" by
California Taxpayers Association - October
1976.
Alternatives for Councilmanic Action:
1. 2% at 50 retirement plan based upon highest
year of compensation plus 3% salary increase.
2. 15% salary increase.
4% salary increase effective as of the pay-
roll period in which the action is taken
plus 4% effective as of the first pay
period in April, 1978.
10% increase in contributions towards
health insurance coverage for employee
and family.
4. Lesser increase than any of the above.
Bakersfield, California, July 19, 1977 - Page 5
193
Mr. Counter stated that the rationale for giving a lesser
increase,than requested, would be an incentive to get the parties
together at the bargaining table. They should not be able to take
advantage of the impasse procedure to get what the City's negotiators
had offered at the table. That argument has been made on other
occasions and it made sense, but, frankly it does not make sense
here. As a negotiator, it is my feeling, that the people on the
other end of the table have acted very responsibly and have
sincerely put forth their position. I do not feel that there is
any need to teach them a lesson because they have done a very
respectful job. Mr. Counter urged the Council to choose between
Option No. 1 and Option No. 3, and urged the adoption of Option
No. 3 for all the reasons put forth.
Mr. Griem, in rebutting Mr. Counter's statements, stated
that they did not receive the 2% at 55 proposal as stated. It
is not actually being put forth as evidenced by the last page on
the position paper "Alternatives for Action" because it is not
included therein.
A brief recess was declared at 5:35 P.M. and the Council
reconvened at 5:45 P.M.
Councilman Rogers requested an explanation regarding
Mr. Griem's comments on the City's Treasury Reports.
Finance Director Haynes stated that the question re-
garding monies in the City Treasury has been confused with funds
that belong to the City and are available for budgeting purposes.
Every dollar available in the treasury has been budgeted and all
balances do not belong to the City of Bakersfield. The City
operates similar to a bank and all their monies do not belong to
them, they belong to depositors. The City's Treasury has several
depositors, such as; the Federal Government, State Government,
Redevelopment Agency, Public Improvement Districts, Subdividers
and bidders. There are many funds held in trust, such as; Fire-
men's Disability and Retirement Fund. The Treasury Report contains
194
Bakersfield, California, July 19, 1977 - Page 6
information as to what is in the treasury, not what the City's
monies are. The City budgets every dollar available that belongs
to the City of Bakersfield and also the anticipated money that
will be made on interest on those deposits. Every dollar that
was available was taken into consideration in the budget figures
in the City's Preliminary Budget.
Mr. Griem stated an inactive account, by its very
nature, is something that is just sitting there. The Wells Fargo
inactive account is identical from one year to the next year. If
the budget w~s balanced last year and it goes from the end of the
year figures of $16,830,000.00 to $17,680,000.00 the City has
picked up a cool $850,000.00 some place along the line, at least
by virture of these Treasury Reports.
The 2% at 55 proposal was considered before I arrived
on the scene by the officers in question and categorically refused.
The reason being that it still keeps the officers tied-up until
age 65 in an attempt to secure the benefits.
Councilman Strong stated that if the monies which Mr.
Griem speaks of are not available, then, we are back to what
monies are available and would a tax increase be required in
order to support the 2% at 50 retirement plan. It is important
to establish whether or not Mr. Griem believes Mr. Haynes and if
what he has said can be supported. The Council can then get down
to whether or not to consider a tax increase in order to support
the IBPO plan or try to work within the framework of the revenue
that is available. It is important, at this point, to determine
for this Council and the IBPO whether or not what Mr. Haynes said
was true with regards to these funds; that they are being held in
trust and are not available.
Councilman Christensen stated that he would like a
detailed report on the funds that are listed as inactive accounts
on the two Daily Treasury Reports Mr. Griem furnished the Council.
Bakersfield, California, July 19, 1977 - Page ?
195
Finance Director Haynes stated the terms "active and
inactive" are used by the bank and mean either checking or interest
drawing accounts. They have no bearing at all on whether or not
the funds are active. Inactive means that it is drawing interest
and not subject to a check being drawn on it for at least 30 days.
The funds move in and out of these accounts daily and only the
amount of money needed to cover one day of checks are moved into
the active accounts.
Councilman Sceales suggested that the City's outside
auditors be present at a Council Meeting to explain these accounts
to the Council.
Councilman Rogers made a motion that the decision on the
salaries and fringe benefits for Police Officers be held over until
the Council Meeting of July 25, 1977 and at that time the City's
outside auditors be present to answer questions regarding the
City Treasury Reports.
Mr. Counter stated that he would be out of the State
next Monday and would not be able to attend the meeting. He also
stated that the 2% at 55 plan, that was proposed at the bargaining
table, was a very serious proposal and it was rejected by the IBPO.
Their rationale being that it did not benefit as many of the
employees as the 2% at 50, therefore, IBPO was only considering
the 2% at 50 as a reasonable alternative. He wanted the Council
to understand that the 2% at 55 proposal was made in sincerity
and good faith.
Mr. Counter stated that midway through negotiations, in
a conversation with Mr. Griem, he related that the members voted on
the various options and as a result of this vote it was made clear
to him that IBPO had only two alternatives as set forth in the
position paper.
Mr. Counter further stated that the financial records of
the City are available during negotiations. If the request had
196
Bakersfield, California, July 19, 1977 - Page 8
been made a month or two ago or even six months ago, for this
information, it would have been provided. As a matter of fact we
would have wiIling~provided it as is normally done as part of the
negotiating process. It should be clear that this is a last
minute presentation. It was never brought to the negotiating
team's attention that they had any desire to have this kind of
information. We would have been glad to provide it if it had
been requested.
Mr. Counter stated that his background is in engineering
and not accounting. He is a lawyer and does not deal in this sort
of thing but feels, from a negotiating standpoint, that the City's
finances are two separate things. One is where you keep your funds,
how you keep rolling over those funds and make interest so that
there is more revenue to pay salaries and benefits, etc. The
Treasury records do not prove anything or that there is more money
available than what is in the budget. The place to look for what
money is available is in the budget. Those figures are available,
it is a matter of public record and nobody is hiding anything. I
want the record to be clear
available to the IBPO.
Councilman Rogers'
that this information was always
motion that the decision on the
salaries and fringe benefits for Police Officers be held over
until the Council Meeting of July 25, 1977 and at that time the
City's outside auditors be present to answer questions regarding
City Treasury Reports, carried by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen
Noes: Councilmen Medders, Ratty
Absent: None
Bakersfield, California, July 19, 1977 - Page 9
197
Adjournment.
There being no further business to come before the
Council the meeting was adjourned at 6:25 P.M.
Calif.
ATTEST:
CITY a Clerk of the Council
of the City of Ba~;~rsfield, California
ma
198
Bakersfield, California, July 25, 1977
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., July 25, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Harry Dutt
of the First United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Absent: None
Councilmen Ratty, Rogers, Sceales, Strong,
Barton, Christensen, Medders
Minutes of the regular meeting of July ll, 1977 and
recessed meeting of July 19, 1977, were approved as presented.
Correspondence.
Upon a motion by Councilman Barton, communication from
tenants and business people operating from the Bakersfield Airpark,
dated July 7, 1977, expressing their concern regarding continuation
of business at the airpark, was received and referred to the
Intergovernmental Relations Committee.
Upon a motion by Councilman Sceales, communication from
San Joaquin Community Hospital Corporation, 2615 Eye Street, dated
July 20, 1977, requesting closure of Eye Street between 26th and
28th Streets, and closure of 27th Street one-half block on each
side of Eye Street, was received and referred to the Planning
Commission for study and recommendation.
Reports.
Councilman Rogers, member of the Intergovernmental
Relations Committee, read Report No. 3-77 regarding Consultants,
Bakersfield Airpark, as follows:
At the City Council meeting on June 13, 1977,
the City Council approved a report £rom this
Committee authorizing the staff to proceed
with the preliminary work necessary to file a
grant application to do a master planning study
for the Bakersfield Airpark. The Council
recommended that they be given some information
relative to the selection of a specific
consultant.
Bakersfield, California, July 25, 1977 - Page 2
199
The City staff met with representatives of the
Los Angeles office of the Federal Aviation
Administration, and were able to obtain the
names of a dozen consultants who have done
master planning work similar to that which we
have to have done here. The staff then con-
tacted airport managers and administrators
and obtained from them a recommendation of
how well these consultants had performed, and
whether or not they had recommended them to
other agencies. As a result of that screening
process, the staff sent letters and met with
four consultants who were invited to submit
proposals for the Airpark study. Those four
consultants are:
(1) R. Dixon Speas (Los Angeles);
(2) August Compton and Associates (Burlingame);
(3) Daniel, Mann, Johnson and Mendenhall (Los
Angeles); and
(4) Peat, Marwick, Mitchell and Company (San
Francisco).
The staff has extensively reviewed the proposals
from these four companies, and based upon those
proposals and the amount of time and dollars
required, this Committee would recommend to the
Council that the firm of R. Dixon Speas be
retained to prepare the grant application and,
if funded, carry out the master plan. This
company has extensive knowledge of airport
master planning preparations, and prepared the
master plan for the Airport Authority in Mojave.
Their estimate is for a total cost of $29,200,
and the study to be completed within four to
six months of the time the City gives them the
notification to proceed. That notification
would be contingent upon funding approval by
the F.A.A.
It is therefore the recommendation of this
Committee that:
(1) This report be approved and placed on file;
and
(2)
The firm of R. Dixon Speas be retained to
prepare the grant application and, if
funded, carry out the master plan for the
Bakersfield Airpark.
Councilman Christensen stated that he was unable to attend
the meeting of the Intergovernmental Relations Committee but concurs
with the report.
Upon a motion by Councilman Rogers, Intergovernmental
Relations Committee Report No. 3-77 regarding Consultants, Bakers-
field Airpark, was accepted; and the firm of R. Dixon Speas was
200
Bakersfield, California, July 25, 1977 - Page 3
retained to prepare the grant application and, if funded, carry
out the master plan for the Bakersfield Airpark.
City Manager Bergen read a report regarding Fireworks,
as follows:
Attached is a memo from the Fire Chief dis-
cussing the property losses and personal
injuries from fireworks. The administration
concurs that serious consideration should be
given to prohibiting the future sale of fire-
works within the City.
It is my recommendation that this matter be
referred to the appropriate committee so that
they may study the public implications of such
a ban.
Fire Chief Needham answered questions of the Council
regarding fires and damages caused by fireworks.
After discussion, upon a motion by Councilman Sceales,
the matter of prohibiting the sale of Fireworks within the City
was referred to the Intergovernmental Relations Committee for
study and recommendation, and the staff was directed to notify
each organization involved in the sale of Fireworks for their
input at the commencement of deliberations.
City Manager Bergen read a report regarding Christmas
Tree Lights on Truxtun Avenue, as follows:
At the City Council meeting of December 6, 1976,
the City Council requested that appropriate
funds for expense of lighting the trees on
Truxtun Avenue be included in the FY 77-78
Budget.
The Fire Chief has now developed a specific
plan for the lighting of the trees within the
budget figure approved. By reducing the total
number of trees, it will reduce the overall
expense and conserve energy. The specific
plan does not; however, reduce the effect of
our "Christmas Tree Lane" and in fact, lengthens
it and spaces the lights so that its overall
appearance is maintained.
It is my recommendation that the plan as pro-
posed by the Fire Chief be approved.
Upon a motion by Councilman Strong, the matter of
Christmas Tree Lights on Truxtun Avenue, was referred to the
Intergovernmental Relations Committee for study and recommendation.
Bakersfield, California, July 25, 1977 - Page 4
201
The
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
Consent Calendar.
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 5138 to 5319 and
16 to 232, inclusive, in the amount of
$651,966.75.
Claim for Personal Injuries from Rebecca
Crofton. (Refer to City Attorney)
Public Utility Easement from James C.
Barks, Betty Barks, Jerry C. Fox, M.D.,
and Ruby J. Kelley, as required for
Parcel Map No. 4278.
Acceptance of Director's Deed from the
California Department of Transportation
to the City of Bakersfield and County
of Kern for an additional portion of
Elcia Drainfield.
Map of Tract No. 3800 and Improvement
Agreement for construction of improve-
ments therein - located north of Ming
Avenue and west of "F" Street.
Map of Tract No. 3897 and Improvement
Agreement for construction of improve-
ments therein - located north of Auburn
Street and west of Eissler Street.
Map of Tract No. 3951 - located east of
Grissom Street and south of Planz Road.
Improvement Agreement for Parcel Map No.
4064 with Tenneco Realty Development
Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3826 - Contract No.
76-115 with Moreland and Sons Construc-
tion, Inc.
Notice of Completion and Acceptance of
Work on construction of Northwest Bakers-
field Drain - Phase I - Contract No.
76-108 with H. A. Lewis Construction
Company.
Application for Encroachment Permit from
Phillip Prendez, 2904 Hollins Way, for
construction of 4-foot high concrete
block and wrought iron fence at back of
sidewalk in public right-of-way.
Application for Encroachment Permit from
Inez Chappelle, 631 "T" Street, for
construction of 4-foot high chain link
fence at back of sidewalk in public right-
of way.
Bakersfield, California, July 25, 1977 - Page 5
(m)
Application for Encroachment Permit from
Adanac Development Company for construc-
tion of 6-foot high concrete block wall
along Planz Road at back of sidewalk in
the public right-of-way.
(n)
Application for Encroachment Permit from
M.P. Shackleford, 1411 Meredith Drive,
for construction of 4-foot high chain
link fence along Meredith Drive at back
of sidewalk in the public right-of-way.
(o)
Plans and Specifications for construction
of a Reinforced Concrete Box Culvert at
30th Street and East Side Canal.
(P)
Plans and Specifications for construction
of Pavement on Planz Road between Real
Road and Wible Road.
(q)
Requesf from Hugh K. Sill and Michael
Cutbirth for annexation of property
located easterly of Oswell Street,
southerly of State Freeway 178 and
contiguous to the City boundary on the
north. (Refer to Planning Commission
for study and recommendation)
(r)
Request from Marie F. Shearer for annexa-
tion of property commonly known as 710-
714 Bernard Street. (Refer to Planning
Commission for study and recommendation)
(s)
Temporary Turnaround Easement from J. T.
Company as required for Tract Map No.
3897.
(t)
Map of Tract No. 3827 Unit "A" and Improve-
ment Agreement for construction of improve-
ments therein - located east of Stine Road
and south of Harris Road.
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) and (t) of the Consent Calendar, were adopted by
the following roll call vote:
Ayes:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Target
Chemical for Chemicals for the Parks Department, was accepted and
all other bids rejected.
Bakersfield, California, July 25, 1977 - Page 6
203
Ayes:
Noes: None
Absent: None
Upon a motion by Councilman Sceales, low bid of Robert
S. Stoddard and Co. for Bury Extensions for Fire Hydrants, was
accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company for construction of street improvements on
Ming Avenue, "0" Street and San Dimas Street, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Sceales, low bid of W. M.
Lyles Company for Storm Drain in Planz Road from Real Road to
Wible Road, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Deferred Business.
Adoption of Ordinance No. 2361 New
Series of the Council of the City
of Bakersfield amending Subsection
(a) of Section 3.18.110 of the
Municipal Code concerning Acting
Appointments of Permanent Employees.
Upon a motion by Councilman Strong, Ordinance No. 2361
New Series of the Council of the City of Bakersfield amending
Subsection (a) of Section 3.18.110 of the Municipal Code concerning
Acting Appointments of Permanent Employees, was adopted by the
following roll call vote:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Report from City Council's outside
auditing firm, Elmer Fox, Westheimer
and Co. regarding City Treasurer's
Reports.
At the Council Meeting of July 19, 1977 the Council
held over the decision on the salaries and fringe benefits for
Police Officers so that the City's outside auditors could be
present to answer questions regarding City Treasury Reports that
were presented by Mr. Robert Griem, Attorney for the International
Brotherhood of Police Officers.
2O4
Bakersfield, California, July 25, 1977 - Page 7
Mr. Don Ruggenburg and Mr. Butt Armstrong, Partners in
the firm of Elmer Fox-Westheimer and Co. (City's outside auditors),
presented copies and explained the following documents to the
Council and interested parties:
Cash in Treasury Distributed to Funds and
Analysis of General Fund Balance - June 30,
1976.
Combined Balance Sheet - All Funds - June
30, 1976.
General Tax Rate Category - 1976-77 Summary
of Balances, Revenues and Budgets by Funds.
Mr. Ruggenburg stated that Treasury Reports are prepared
daily by the Treasurer and they show various funds at that point
in time. In answer to the question of last week, regarding the
inactive accounts, the Treasurer classifies all balances which
are in excess of immediate needs as inactive, and places those
funds in various accounts that draw interest. The only funds that
the Council has unrestricted control over are shown at the end of
the fiscal year listed as "General Fund-Available" and these may
be used for the following year.
Councilman Rogers stated that several months ago each
Councilman was provided with a list showing the estimated revenue
and what portion would be available for salary increases for fiscal
year 1977-78. The impression was given, at the last Council
Meeting, that there were hidden funds over and above that estimate
that might be available for salary increases. Councilman Rogers
ash~d~there were any hidden funds over and above the estimate
that was given to the Council several months ago.
Mr. Ruggenburg stated that all the funds, balances and
restrictions are shown on the document entitled "Cash in Treasury
Distributed to Funds and Analysis of General Fund Balance - June
30, 1976," that was given to the Council tonight and none of those
represent hidden funds.
Councilman Christensen asked Mr. Robert Griem, of IBPO,
if they had, at anytime during negotiations, requested information
as to how much money was available for salaries and fringe benefits.
Bakers£ield, California, July 25, 1977 - Page 8
2O5
Mr. Robert Griem, Attorney for the International Brother.-
hood of Police Officers, answered, "specifically in dollars and
cents No." He stated that IBPO was informed that there was only
so much money in the barrel. They argued with the report of the
auditor which shows that at the end of fiscal year 1976 (June 30,
1976), there was $3,000,000.00 in the barrel, which the City had
a choice of using in a number of ways. Figures for the end of
fiscal year 1977 (June 30, 1977), have not been presented. It is
the IBPO's position, and still remains their position, that the
City had an equal and like sum this year that could have been
used, but someone in Management arbitrarily decided exactly how
much of that money was going to be provided for pay raises and as
such came forth with their offer.
The two Daily Treasury Reports were provided to IBPO
after the impasse with the City had been reached. Those reports
allowed the IBPO, during the impasse, to make their point with
regards to the year ending June 30, 1976; that there was $3,000,000.00
lying around. Granted the Council has the choice of what to do
with that money, reduce taxes, build buildings or grant employee
benefits. No one has told IBPO how much money was available on
June 30, 1977 because, from what was said last week, the audit
will not be completed until September. It was and still is IBPO's
contention that there is a great deal of money there that the
Council has the option of dividing in a number of different ways,
not the least of which is pay and benefits for employees. This
is what the Treasury Reports were designed to point out.
Councilman Ratty stated, after a thorough investigation
on his part, that he would recommend that the Council vote to
accept Alternate No. 3 (4% salary increase effective as of the
payroll period in which the action is taken, plus 4% salary increase
effective as of the first pay period in April, 1978 and 10% increase
in contributions towards health insurance coverage for employee and
family) as the final offer or send the negotiators back to the
206
Bakersfield, California, July 25, 1977 - Page 9
table with the understanding they may design another agreement
with the officers providing the total package, if the cost remains
the same.
Councilman Rogers made a motion that the Council accept
the recommendation of the City's Negotiators, Alternate No. 3,
which is a 4% salary increase effective as of the payroll period
in which the action is taken, plus a 4% salary increase as of the
first pay period in April, 1978 and 10% increase in contributions
towards health insurance coverage for employee and family.
Councilman Strong stated the effect of the motion will
put the Council in the same position it was two or three years ago,
that of negotiator, and that is what he cannot support. He stated
that he believes if the issue of the 2% at 50 retirement plan was
resolved that the negotiators could go back to the bargaining table
and hopefully come up with a solution, recommendation or request
that the Council could endorse. Just to sit here, not having
heard all sides and been in all phases of negotiations, would be
arbitrary on the part of the Council. This is the first time the
Council has been faced with this kind of situation and should not
be panicked or hurried into a decision. Councilman Strong also
stated that he had planned to vote to reject the 2% at 50 retire-
ment plan and ask that the negotiators, on both sides, return to
the bargaining table for further discussiomand recommendation to
the Council. His decision to reject the request was not made
because of the request itself, but because of the net effect of
that request.
Councilman Rogers' motion that the Council accept the
recommendation of the City's Negotiators, Alternate No. 3, which
is a 4% salary increase effective as of the payroll period in
which the action is taken, plus a 4% salary increase effective
the first pay period in April, 1978 and a 10% increase in
Bakersfield, California, July 25, 1977 - Page l0
207
contributions towards health insurance
family, the
Ayes:
Noes:
Absent: None
was adopted by
Councilmen Ratty, Rogers, Sceales,
Councilmen Strong, Barton
coverage for employee and
following roll call vote:
Christensen, Medders
Adoption of Resolution No. 67-77 of
the Council of the City of Bakers-
field amending the Salary Schedule
included in Resolution No. 51-77 to
provide Salary Increases for positions
in the Police Unit.
Upon a motion by Councilman Rogers, Resolution No. 67-77
of the Council of the City of Bakersfield amending the Salary
Schedule included in Resolution No. 51-77 to provide Salary Increases
for positions in the Police Unit, was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Christensen, Medders
Noes: Councilmen Strong, Barton
Absent: None
Councilman Rogers clarified his vote by stating that
these negotiations started in May and making a decision tonight
was not exactly panicking or rushing. If the Council did not
make a decision they would be back into negotiations.
Councilman Sceales clarified his vote by stating that
this impasse has been a test of the City Council and he does not
feel there have been negotiations, even though a lot of time has
been spent at it. One side has not changed or altered their
demands one bit.
Councilman Barton clarified his vote by stating that he
voted no because there are a lot of unanswered questions and he still
believes the Council is being arbitrary. The issue goes deeper
than what has been brought to the Council and it has a great
impact on the citizens of this community. The Council has a
responsibility to dig deeper into things than the staff does,
because the ultimate decision rests with the Council.
Bakersfield, California, July 25, 1977 - Page 11
Councilman Christensen clarified his vote by stating
that when bargaining you are suppose to lay all the cards on the
table and then start talking. From the reports that were given
to the Council he had every reason to believe things were going
smoothly, but the City and Police bargaining teams seemed to pay
more attention to formal negotiations than they did to substance.
Maybe if the City bargaining team had laid it on the counter to
IBPO and showed them how the City could stand up to the 2%, etc.,
that would have been fine. If they did not accept it then we
could have been into an impasse 7 or 8 weeks ago. He regretted
some of the things there were done as the negotiations went along,
especially last week. The bargaining teams fell down because they
did not deal with cold blooded substance. He favored the retire-
ment system based on years of service because the current retire-
ment plan is very unjust. It is regrettable that the IBPO did not
go for that, and instead argued for 2% at 50. He could not go for
the 2% at 50 plan because he
of that ward, by almost 4 to
2% at 50.
Councilman Medders stated that by declaring an impasse
the Council had to be arbitrary, that is what it meant.
Mayor Hart declared a brief recess at 9:30 P.M. and
reconvened at 9:35 P.M.
New Business.
Adoption of Resolution No. 61-77 of
the Council of the City of Bakers-
field extending filing date for
Annual Statements of Economic Interest.
The present deadline for filing the annual statement by
employees and officers of 21 City agencies is January 31st and
this resolution would require that they be filed on or before
March 31st of each year, covering the period ending December 31st.
The reason for the extension is to provide a grace period to permit
persons to utilize tax-filing information for purpose of satisfying
disclosure responsibilities under the Conflict of Interest Codes.
represents the 2nd Ward and the people
1, declined the retirement plan of
Bakersfield, California, July 25, 1977 - Page 12
209
Upon a motion by Councilman Ratty, Resolution No. 61-77
of the Council of the City of Bakersfield extending filing date
for Annual Statements of Economic Interest, was adopted by the
following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Adoption of Resolution No. 62-77 of
the Council of the City of Bakers-
field to allow Bakersfield Police
Officers to participate in California
Highway Patrol Training.
This resolution directs the Chief of Police to execute
agreements for participation of City Police Officers in the
California Highway Patrol training programs which are offered
without cost to the City.
Upon a motion by Councilman Sceales, Resolution No. 62-77'
of the Council of the City of Bakersfield to allow Bakersfield
Police Officers to participate in California Highway Patrol Training,
was adopted by the following roll call vote:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
None
None
Ayes
Noes
Absent:
Adoption of Resolution No. 63-77 of
the Council of the City of Bakers-
field establishing a Records-Retention
Schedule for the Police Department
and approving destruction of records
in accordance therewith.
This resolution, in effect, requires the Police Department
to retain designated types of records for periods of time specified,
and permits their destruction after required retention time.
Upon a motion by Councilman Medders, Resolution No. 63-77
of the Council of the City of Bakersfield establishing a Records
Retention Schedule for the Police Department and approving
Bakersfield, California, July 25, 1977 - Page 13
destruction of records in accordance therewith,
the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Ratty, Rogers, Sceales,
Christensen, Medders
None
None
Councilmen Strong
Approval of Annexation boundaries
was adopted by
Barton,
designated as Municipal Farm No. 4.
Upon a motion by Councilman Ratty, Annexation boundaries
Approval of Lease Agreement between
City and Haberfelde Ford for lease
of two lots to Haberfelde Ford.
Upon a motion by Councilman Ratty, Lease Agreement
between the City and Haberfelde Ford for lease of two lots to
Haberfelde Ford until they move into their new quarters in October
or November, was approved and the Mayor was authorized to execute
same.
LAFCO.
designated as Municipal Farm No. 4, containing approximately 480
acres of uninhabited territory, located east of the City's South-
east Municipal Plant and Farm, were approved and referred to the
City Engineer and City Attorney for referral to LAFCO.
Approval of Annexation boundaries
designated as Municipal Farm No. 3.
Upon a motion by Councilman Rogers, Annexation boundaries
designated as Municipal Farm No. 3, containing approximately 2,790
acres of uninhabited territory, located south of existing South-
east Municipal Farm, were approved and referred to the City
Engineer and City Attorney for referral to LAFCO.
Approval of Annexation boundaries
designated as Kern River No. 6.
Upon a motion by Councilman Rogers, Annexation boundaries
designated as Kern River No. 6, containing 3,320 acres of uninhabited
territory, located within the Kern River channel from the existing
City limits on the west to Interstate 5 Freeway, were approved and
referred to the City Engineer and City Attorney for referral to
Bakersfield, California, July 25, 1977 - Page 14
witnesses
item.
Approval of Agreement between the
City of Bakersfield and Robert E.
Reed providing for certain services
to the Police Department.
This agreement authorizes the Police Department to retain
and pay consultant a total of $2,000 for the 1977-78 fiscal year for
services including consultation, training and investigation by
expert hypnotist as an aid to memory recollection of willing
and/or victims of criminal acts. This is a budgeted
Upon a motion by Councilman Rogers, Agreement between
the City of Bakersfield and Robert E. Reed providing for certain
services to the Police Department, was approved and the Mayor was
authorized to execute same. Councilman Sceales voted in the
negative on this item and Councilman Christensen abstained from
voting because he does not believe in hypnotism.
Approval of Contract between the
City of Bakersfield and Greater
Bakersfield Chamber of Commerce for
the service of advertising the City
and promoting the Industrial Develop-
ment of the City.
Upon a motion by Councilman Medders, Contract between the
City of Bakersfield and Greater Bakersfield Chamber of Commerce for
the service of advertising the City and promoting the Industrial
Development of the City, was approved and the Mayor was authorized
to execute same.
Approval of Contract between the
City of Bakersfield and Greater
Bakersfield Chamber of Commerce for
the operation of a Convention Bureau.
Upon a motion by Councilman Medders, Contract between
the City of Bakerfield and Greater Bakersfield Chamber of Commerce
for the operation of a Convention Bureau, was approved and the
Mayor was authorized to execute same.
Hearings.
This is the time set for public hearing before the
Council £or hearing protests by persons owning real property
Bakersfield, California, July 25, 1977 - Page 15
within territory designated as "Fairfax 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.
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. 64-77
of the Council of the City of Bakersfield declaring that a majority
protest has not been made to the annexation of territory designated[
as "Fairfax No. 1" proposed to be annexed to the City of Bakers-
field, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Upon a motion by Councilman Strong, Ordinance No. 2362
New Series approving annexation of a parcel of uninhabited terri-
tory to the City o£ Bakersfield, California, designated as "Fairfa~i
No. 1," and providing £or the taxation of said territory to pay the
bonded indebtedness of said City, was adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing before the
Council for hearing objections to include within the Greater
Bakersfield Separation of Grade District certain territory desig-
nated as "Fairfax No. 1" Annexation.
This hearing has been duly advertised.
Bakersfield, California, July 25, 1977 - Page 16
213
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, Resolution No. 65-77
annexing certain territory designated as "Fairfax No. 1," to the
Greater Bakersfield Separation of Grade District, was adopted by
the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
This is the time set for continued public hearing before
the Council on the initiated action by the Planning Commission to
Zone Upon Annexation to an R-1 (One Family Dwelling) and to an
R-1-CH (One Family Dwelling - Church), or more restrictive, Zones,
affecting that certain property in the County of Kern north and
east of Highland High School, known as "Fairfax No. 1" Annexation.
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 June
6, 1977.
This proposed annexation contains approximately 104 acres
of undeveloped land, the easterly portion of which is presently
used for dry crop farming. Proposed use for the property is low-
density residential with the exception of a six-acre parcel planned
for a church. The proposed overall zoning would conform to the
Land Use Element of the General Plan. A Negative Declaration is
on file.
The Planning Commission recommended approval of the R-1
and R-1-CH zoning, as advertised, and found the zoning upon annexa-
tion would conform to the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
214
Bakersfield, California, July 25, 1977 - Page 17
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rogers, Ordinance No. 2363
New Series amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the City of Bakersfield and finding
said Zoning Upon Annexation of "Fairfax No. 1" consistent with
the General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing before the Council
for hearing protests by persons owning real property within terri-
tory 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.
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, October 26, 1977 at 8:00 P.M., by the following roll
call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
This is the time set for public hearing before the
Council on Resolution of Intention No. 921 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of portions of East 19th Street between Beale Avenue and Gage Street,
in the City of Bakersfield.
This hearing has been duly advertised and posted.
Bakersfield, California, July 25, 1977 - Page 18
215
pation.
Mayor Hart declared the hearing open for public partici-
Mr. Kenneth Ragsdale, 1125 Sumner Street, stated they
have just completed a new building at that location and objected
to the closing of that portion of East 19th Street because it
would restrict the approaches to their property.
Mr. John Stinson, owner of John's Sheet Metal at 921
East 21st Street, stated that this closing would restrict access
to his business.
Councilman Strong stated that the Public Works Department
attempted to contact all persons who would be affected by this
closing and they did a good job modifying it to meet the needs of
everyone in the area.
Mr. Dexter Haymond, 900 East 19th Street, stated that
the closing of this street will completely cutoff access to his
building on 19th Street.
Mr. Merl Akery, A & R Towing Service, stated that he
was objecting to the closing of this street because the east side
access to his property will be cutoff.
Mr. Harlan McFarland, owner of McFarland Motors at 1201
East Truxtun Avenue, presented a petition from persons who use
East 19th Street requesting that it remain open.
Mr. A1Russie, owner of property at the triangle at
Truxtun Avenue and 19th Street, stated that he favors the closing
of this portion of East 19th Street because their property cannot
be sold or used due to easement and curb and gutter requirements.
No further protests or objections being received, Mayor
Hart closed the public portion of the hearing for Council delibera-
tion and action.
After discussion, upon a motion by Councilman Strong,
action on Resolution of Intention No. 921 regarding the vacation
of portions of East 19th Street between Beale Avenue and Gage
Bakersfield, California, July 25, 1977 - Page 19
Street, was held over until the Council Meeting of August 10, 1977
to give Public Works time to address the problems brought up to-
night, by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rogers, Sceales,
Christensen, Medders
Council
Strong, Barton,
None
None
This is the time set for public hearing before the
on Resolution of Intention No. 922 of the Council of the
City of Bakerfield declaring its intention to order the vacation
of a portion of Tartan Place, between Auburn Street and Highland
High School, in the City of Bakersfield.
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Berdell Dickinson, owner of property,
the grading on these streets is almost completed.
No protests or objections being received,
stated that
Mayor Hart
closed the public portion of the hearing for Council deliberation
and action.
Councilman Rogers stated that Mr. Dickinson has been
working very hard to get these access streets to Highland High
School completed before the new school year starts and his efforts
are really appreciated.
Upon a motion by Councilman Rogers, Resolution No. 66-77
of the Council of the City of Bakersfield ordering the vacation of
a portion of Tartan Place, between Auburn Street and Highland High
School, in the City of Bakersfiled,
of improvements on Tartan Place at
by the following roll call vote:
Ayes:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
effective upon the completion
its new location, was adopted
Noes: None
Absent: None
Bakersfield, California, July 25, 1977 - Page 20
217
Upon a motion
Mrs. Ula B. Hemmingway,
STOP ERA by Rescinding,
Correspondence (Continued)
by Councilman Medders, communication from
Chairman of the California Central Division
dated July 20, 1977, providing the Mayor
and Council with documented proof of the impact of the Equal Rights
on American Society, was received and ordered placed on
Amendment
file.
Hearings
(Continued)
This is the time set for public hearing before the
Council to determine whether or not the addition of certain
charges for services to their rate schedule is justified for
Bakersfield Cable TV, Inc.
This hearing has been duly advertised.
Mayor Hart declared the hearing open for public partici-
pation.
Ms. Ruth Gelman requested information regarding the effect
and impact of the proposed $19.75 charge for initial installation ef
cable TV.
Mr. Howard Charmell, General Manager of Bakersfield
Cable TV, Inc., stated that they are requesting implementation of
the new rate categories and charges as stated in their proposal
submitted to the Council on April 25, 1977. These new categories
and charges do not change the existing rates for monthly service
The proposed new rate categories and charges are as
charges.
follows:
INSTALLATION
Primary Outlet, New $19.75
CONSTRUCTION:
Provide Underground Distribution Cost Plus
Trench 15%
OTHER RATES AND CHARGES:
Account Setup Charge (In Lieu of
Normal Installation Charge) $ 9.25
Bakersfield, California, July 25, 1977 - Page 21
Cable TV,
Committee
Council.
OTHER RATES AND CHARGES (CONTINUED):
Service Transfer Charge $ 9.25
Delinquent Account Collection At
Door $ 5.00
Return Check Charge $ 5.00
Councilman Barton stated that a former Councilman in-
formed him that during the proceedings for granting the cable
television franchise a statement was made by Bakersfield Cable
TV (formerly Trans-Video Corporation) that they would never charge
for a hookup and that was part of the condition of awarding them
the franchise.
Mr. Channell stated that he was not here at that time
and was not aware that such a statement had been made. He also
stated that the charge for a trench is from the house to the
property line.
No further protests or objections being received, Mayor
Hart closed the public portion of the hearing for Council deli-
beration and action.
Assistant City Manager Kelmar reported on the investi-
gation of the requested charges and financial review by the
Finance Department.
Upon a motion by Councilman Strong, financial in£or-
mation obtained by the Finance Department regarding Bakersfield
Inc., was referred to the Budget Review and Finance
for study, evaluation and recommendation back to the
Councilman Rogers requested that the statement made by
a former Councilman that Bakersfield Cable TV indicated that they
would never charge for installation, be researched and the infor-
mation supplied to the Council.
Bakersfield, California, July 25, 1977 - Page 22
219
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:50 P.M.
akersfield,
ATTEST:
CITY ~RK an~ficio Clerk of the Council
of th~ City of Bakersfield, California
ma
Calif.
Bakersfield, California, July 28, 1977
Minutes of a special meeting of the Council of the ~ity
of Bakersfield, California, held in the Council Chambers of City
Hall at 4:45 P. M., July 28, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Rogers, Sceales, Christensen,
Medders, Ratty
Absent: Councilmen Strong, Barton
New Business.
Assistant City Manager Buell explained that the Council
is being requested to approve the Official Statement of the City
of Bakersfield as it relates to the Southeast Bakersfield Waste-
water Treatment Facilities Consolidation Corporation for the bond
issue, which is now out to bid and those bids will be opened
August 10, 1977. The City's Financial Consultants have indicated
that while the endorsement of the City Council is not a legal
requirement, it puts the City in a more favorable position in
terms of obtaining a better interest rate on the bond bids.
Finance Director Haynes explained the Official Statement
and what it contains.
Adoption of Resolution No. 68-77 of
the Council of the City of Bakers-
field approving the Official State-
ment of the Southeast Bakersfield
Wastewater Treatment Facilities
Consolidation Corporation.
Upon a motion by Councilman Rogers, Resolution No. 68-77
of the Council of the City of Bakersfield approving the Official
Statement of the Southeast Bakersfield Wastewater Treatment
Facilities Consolidation Corporation, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rogers,
None
Councilmen Strong,
Sceales,
Barton
Christensen, Medders, Ratty
Bakersfield, California, July 28, 1977 - Page 2
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 4:50 P.M.
"~~i~t~//oof~Bakersfield, Calif.
ATTEST:
C~RK~and Ex~~fic
CITY io Clerk of the Council
of the City of Ba~rsfield, California
ma
Bakersfield, California, August 10, 1977
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., August 10, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Sceales, Strong, Christensen,
Medders, Rogers (seated at 8:50 P.M.)
Absent: Councilmen Barton, Ratty
Minutes of the regular meeting of July 25, 1977 and
special meeting of July 28, 1977, were approved as presented.
Scheduled Public Statements.
Mr. Buddy Graham, 3531 Palm Street, representing residents
of the Real Road and Palm Street area, presented a petition con-
taining 120 signatures requesting that immediate action be taken
to control traffic, on a 24 hour basis, in this area. Mr. Graham
stated that the traffic problems in this area have been getting
progressively worse during the last four years and it is now
completely out of control.
Mrs. Cleo Massey, 427 Real Road, commented on the volume
of traffic, speeding and danger to the children using this street.
Mrs. Elfrieda Middleton, 3427 Garnsey Lane, stated that
this area is like a freeway and very dangerous to the residents
and children.
Mrs. Dorothy M. Simmons, 12 Real Road, stated that it is
very difficult to get their car out of the driveway because of
the traffic.
Mrs. Herma C. Sandstead, 407 Real Road, suggested that a
stop light be installed at the intersection of Real Road and Palm
Street to slow the traffic.
Councilman Medders requested that a report be made at
the Council Meeting of August 24,
that can be taken to control the
and Palm Street area.
1977 suggesting positive action
traffic situation in the Real Road
Bakersfield, California, August 10, 1977 - Page 2
223
Correspondence.
Upon a motion by Councilman Medders, communication from
Reverend Norman M. Walters, 3301 Dwight Street, dated July 26,
1977, regarding Fireworks, was received and referred to the Inter-
governmental Relations Committee.
Upon a motion by Councilman Medders, communication from
the League of California Cities, dated July 22, 1977, regarding
League's headquarters office building project, was received and
ordered placed on file.
Upon a motion by Councilman Medders, communication from
State Department of Transportation, dated July 27, 1977, regarding
Relinquishment of Highway 06-Ker-58-R52.3/53.8 Right-of-Way, was
received and ordered placed on file.
Upon a motion by Councilman Medders, communication from
the Downtown Business Association, dated July 27, 1977, proposing
that the downtown parking mall be extended to include two blocks
east and two blocks west of present boundaries on 19th Street, was
received and referred to staff for study.
Upon a motion by Councilman Medders, communication from
the League of California Cities, dated August 5, 1977, requesting
the City Council to appoint a voting representative and alternate
for the Annual Conference to be held in San Francisco, September
25-29, 1977, was received and action held over until the Council
Meeting of August 24, 1977.
Upon a motion by Councilman Medders, communication from
Congressman William M. Ketchum, dated August 5, 1977, regarding
Congressman's "Medal of Merit" and "Medal of Valor" to be presented
to individuals whose community service and dedication rise above
and beyond the call of duty, was received and referred to the
Mayor for action.
Reports.
Councilman Strong, Chairman of
and Personnel Committee, read Report No.
the Governmental Efficiency
12-77 regarding Bidding
Bakersfield, California, August 10, 1977 - Page 3
Process for Weed Abatement Program, as follows:
At the City Council meeting of May 16, 1977,
the matter of the City's weed abatement was
referred to this Committee for review.
Prior to meeting with this Committee, the staff
formed a committee of its own to review the
weed abatement process and to formulate recom-
mendations. The Committee held several meetings
for the purpose of developing a more efficient
weed abatement program with lower costs for
abatement work and a higher level of control
and follow-up.
The staff committee subsequently had a meeting
with the GEP Committee and made their recom-
mendations. This Committee was favorable to
their proposal. The main points of the staff
proposal are to maintain control of the costs
to property owners for weed abatement work and
to prevent unfair and excessive charges for
same.
To carry out the objectives of the weed abate-
ment program this Committee recommends that in
lieu of letting bids to contractors as in the
past, an annual contract be negotiated on the
basis of cost. Attached to this report are
the criteria and rates to be used.
The revised process for the annual weed abate-
ment program is recommended as follows:
The Fire Department will determine which
lots are in need of cleaning on a sector
basis, and will post the lots and send
letters to property owners stating they
have seven (7) days by ordinance to clean
their lot or lots, and the failure to do
so will necessitate the City to clean the
property with an approximate cost. Letters
will be sent via registered return receipt
mail. Any letters returned or not received
for any reason will constitute an owner
search at the County Recorder's Office,
and will be sent to the proper owner.
A list will be compiled by the Fire Depart-
ment of all lots in need o£ cleaning, which
will be submitted to KCEOC so that they can
contact the property owners for the purpose
of cleaning the lots.
There will be close follow-up on every lot
on an individual basis by the Fire Depart-
ment. As each lot is cleaned it will be
removed from the list.
When three weeks pass from the date of
notice to property owners to clean their
lots, the lots that have not been cleaned
or lots for which arrangements have not
Bakersfield, Cali£ornia, August 10, 1977 - Page 4
225
been made for cleaning by KCEOC will auto-
matically be cleaned through the abatement
process by the company with which the
annual contract was negotiated.
Pictures will be taken by the Fire Depart-
ment immediately prior and after abatement,
with the address, lot number, photographer's
signature, and date of cleaning written on
the back side o£ each photograph.
Immediately after the lot has been cleaned,
a statement will then be sent to the
property owner for the cost of cleaning
the lot with an additional fee of $15.00
for administrative processing. If after
35 days from the date the statement is
mailed and the property owner does not pay,
the Fire Department will file with the
County Recorder a tentative assessment
against said property for the amount of
cleaning and the $15.00 administrative fee.
If the property owner pays after the
tentative assessment is filed, the Fire
Department will retract the assessment from
the County Recorder's files, otherwise it
will become a valid assessment against the
property by Council action after the hearing
process is satisfied.
There must be an annual resolution by the
Council ordering the Fire Chief to abate
the nuisance when it exists, and a hearing
for property owners to appear before the
Council if they so desire.
The Council will also hold a hearing on or
before August 15th of each year for those
persons owning property which was cleaned
by the City and to confirm the assessments
not paid after said hearing.
It is therefore the recommendation of this
Committee that the following action be taken:
1. This report be approved and placed on file.
That the Finance Director be authorized to
dispense with the usual bidding procedures
for weed abatement work and negotiate an
Annual Contract for same.
Councilman Strong made a motion that Report No. 12-77 of
the Governmental Efficiency and Personnel Committee regarding
Bidding Process for Weed Abatement Program, be accepted.
Councilman Sceales stated that he is a member of this
Committee and was not able to attend the meetings pertaining to
this item and requested that it be held over until the next Council
Meeting to allow time to study the implications.
226
Bakersfield, California, August lO, 1977 - Page 5
Councilman Strong withdrew his motion.
Upon a motion by Councilman Strong action on Report No.
12-77 of the Governmental Efficiency and Personnel Committee
regarding Bidding Process for Weed Abatement Program, was held
over until the Council Meeting of August 24, 1977.
City Manager Bergen read a report regarding Wastewater
Treatment Operator Certification, as follows:
At the May 23, 1977, City Council meeting, the
staff was instructed to study and make a report
regarding required certification of Wastewater
Treatment Operators. Attached to this report
are memoranda from James Groves, Wastewater
Superintendent, and Dale Hawley, Public Works
Director, which detail this State-mandated
requirement. In essence, these memoranda state
that on July 5, 1973, the State Water Resources
Control Board adopted regulations regarding
certification of supervisors and operators of
wastewater treatment plants. These regulations
require all employees to be certified by
September, 1976, according to the type of waste-
water facility to which they are assigned.
In accordance with this requirement, the City
Council, as well as the Miscellaneous Civil
Service Board, in July, 1974, approved the job
specifications for City treatment plant personnel
which required similar certification. All
personnel were informed of these requirements
at that time, and all new employees are informed
at the time they are hired.
To date, all City Operators are certified in
compliance with this State law. In addition
to the State requirements, the federal govern-
ment, in granting funds for construction of
treatment plants, established conditions that
cities must be in accordance with regulations
of State Water Resources Boards.
The City of Bakersfield will receive approxi-
mately $20 million in grant funds for Treatment
Plant No. 2. If we were found not to be in
compliance with the State Certification Program,
these funds could be in jeopardy of being
cancelled.
Based on the fact that the City is dealing
with the public's health when treating waste-
water, and the millions of dollars invested in
treatment plant facilities, the Manager's
Office is of the opinion these State require-
ments are not unreasonable. The City should
continue requiring certification of wastewater
treatment personnel.
Bakersfield, California, August 10, 1977 - Page 6
227
Upon a motion by Councilman Strong, report from the City
Manager regarding Wastewater Treatment Operator Certification, was
received and ordered placed on file.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 233 to 613,
inclusive, in the amount of $837,657.79.
(b)
Claim for Damages from Pacific Telephone
and Telegraph Company. (Refer to City
Attorney)
(c)
Public Utility Easement from John Lencioni
and Josephine Lencioni, as required for
Parcel Map No. 3705 Unit "A."
(d)
Flowage and Access Easement from John
Lencioni and Josephine Lencioni,.as
required for Parcel Map No. 3705 Unit
(e)
Street Easement from Mary D. Maretich,
Chris L. Maretich and Lori Ann Maretich,
providing street right-of-way for Wible
Road, Parcel Map No. 4255.
(f)
Street Easement from E. A. Bender and
Beth Bender, providing street right-of-way
for Planz Road and Madison Street, Parcel
Map No. 4106.
(g)
Improvement Agreement for Parcel Map No.
3705 Unit "A" with John and Josephine
Lencioni.
(h) Map of Tract No. 3913 located at Hunter
Avenue and Lansing Drive.
(i)
Notice of Completion and Acceptance of
Work on furnishing and applying Slurry
Seal to various City streets - Contract
No. 77-89 with Valley Slurry Seal.
(J)
Notice of Completion and Acceptance of
Work on construction of Northwest
Bakersfield Drain - Phase II - Contract
No. 76-162 with Peter C. David Company.
(k)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Parcel Map No. 3780 - Contract No.
76-134 with Tenneco Realty Development
Corporation.
(i)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3785 - Contract No.
76-145 with Tenneco Realty Development
Corporation.
Bakersfield, California, August 10, 1977 - Page 7
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3847 - Contract No.
76-150 with Arthur W. Adams and Jerraldine
A. Adams.
Application for Encroachment Permit from
Stan Magedson, 1512 Duke Drive, for
construction of 6 foot high brick and
wrought iron fence at back of sidewalk
and in public right-of-way.
Application for Encroachment Permit from
Richard C. McMasters, 5200 Langdon Avenue,
for relocation of an existing 6 foot high
wood fence and for construction of a 4
foot high chain link fence at back of
sidewalk in the public right-of-way.
Application for Encroachment Permit from
The Bakersfield Californian, 1707 Eye
Street, for construction of 6 foot high
chain link fence at back of sidewalk in
the public right-of-way.
Plans and Specifications for furnishing
and installing an Air Conditioning System
in City Hall Basement.
Request from James G. Bailey for annexa-
tion of property located southeasterly
of State Freeway 99 and Golden State
Highway Interchange, adjacent to Pierce
Road, containing approximately i acre of
land. (Refer to Planning Commission for
study and recommendation)
Request from The Development Groupe, Inc.,
for annexation of property located on
Bernard Street approximately 300 feet
west of Oswell Street, containing 9.73
acres of land. (Refer to Planning Com-
mission for study and recommendation)
Minute Order setting September 14, 1977,
as the date for hearing an Appeal by
Mrs. Ronald Goertz to the decision of
the Board of Zoning Adjustment in the
granting of a Modification to Alfred R.
Engel.
Adoption of Resolution No. 69-77 of the
Council of the City of Bakersfield
declaring its intention to call a Special
Election in certain inhabited territory
contiguous to said City proposed to be
annexed thereto, for the purpose of
submitting to the qualified electors re-
siding in said territory the question
whether said territory shall be annexed
to the City of Bakersfield, and fixing
Wednesday, September 14, 1977 in the
Council Chambers of City Hall, as the
time and place when and where any person
owning real property within such territory
may appear before said Council and show
cause why such territory should not be
so annexed.
Bakersfield, California, August 10, 1977 - Page 8
229
(v) Map of Tract No. 3904 and Improvement
Agreement for construction of improve-
ments therein - located west of Wible
Road and north of White Lane.
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o),
(p), (q), (r), (s), (t), (u) and (v) of the Consent Calendar,
were adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders
Noes: None
Absent: Councilmen Barton, Ratty, Rogers
Action on Bids.
Upon a motion by Councilman Sceales, low bids of Union
Oil Co. for 5 items and Service Oil Co. for 2 items for Annual
Contract-Lubricating Products, were accepted, all other bids
rejected and the Mayor was authorized to execute the contracts.
Upon a motion by Councilman Sceales, low bid of Central
Valley Supply Co. for Annual Contract No. 10278 - Water Meters,
was accepted, the other bid rejected and the Mayor was authorized
to execute the contract.
New Business.
Adoption of Resolution No. 70-77 of
the Council of the City of Bakers-
field changing a Council Meeting in
the month of September, 1977.
It is necessary to change the Council Meeting of September
28th to September 21st because the League of California Cities
Convention will be held September 25-29, 1977.
Upon a motion
70-77 of the Council of
Meeting in the month of
roll call vote:
Ayes: Councilmen
Noes: None
Absent:
by Councilman Christensen, Resolution No.
the City of Bakersfield changing a Council
September, 1977, was adopted by the following
Sceales, Strong, Christensen, Medders
Councilmen Barton, Ratty, Rogers
230
Bakersfield, California, August 10, 1977 - Page 9
This
cation for the
Airpark.
Adoption of Resolution No. 71-77 of
the Council of the City of Bakers-
field approving Application for
Master Planning Grant, Number
CA 77062781, for Airport Master Plan,
and authorizing the City Manager to
execute said Application.
resolution authorizes the filing of a Grant Appli-
Phase I and Phase II study of the Bakersfield
Upon a motion by Councilman Sceales, Resolution No.
71-77 of the Council of the City of Bakersfield approving Appli-
cation for Master Planning Grant, Number CA 77062781, for Airport
Master Plan, and authorizing the City Manager to execute said
Application, was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders
Noes: None
Absent: Councilmen Barton, Ratty, Rogers
Adoption of Resolution No. 72-77 of
the Council of the City of Bakers-
field designating additional City
agencies required to adopt Conflict
of Interest Codes, establishing
deadline for submission to the City
Council of proposed codes and
stating certain requirements of the
Political Reform Act of 1974.
This resolution would require the City's Water Board
and Water Department to prepare, adopt and submit Conflict of
Interest Codes to the City Council by September 14, 1977. The
Codes would become effective upon adoption by the City Council.
Upon a motion by Councilman Medders, Resolution No.
72-77 of the Council of the City of Bakersfield designating
additional City agencies required to adopt Conflict of Interest
Codes, establishing deadline for submission to the City Council
of proposed codes and stating certain requirements of the Political
Reform Act of 1974, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong, Christensen, Medders
None
Councilmen Barton, Ratty, Rogers
Bakersfield, California, August 10, 1977 - Page 10
231
~l~l~ ~u ~uup~ a Resolution of the
Council of the City of Bakersfield
prescribing Dog License Fees authorized
by Chapter 9.08 of the Municipal Code.
Section 9.08.050 of the Municipal Code authorizes the
Council to prescribe Dog License Fees by resolution. This
resolution prescribes the fee of $8.00 fora license good for two
years (present fee $4.00),and the fee of $2.00 for a duplicate dog
tag (present fee $1.00).
Councilman Strong questioned the necessity of doubling
the license fees.
Assistant City Manager Buell stated that this fee
schedule conforms to the one currently in effect in the County
and would make all fees consistent throughout the urban area.
City Manager Bergen stated that the City does not come
close to recovering costs because the present fees are low.
Councilman Christensen made a motion to table the
resolution prescribing Dog License Fees authorized by Chapter 9.08
of the Municipal Code until the first Council Meeting in October
because the City, County and S.P.C.A. are in discussions regarding
operation of the Dog Pound and many other things. This motion
failed to carry by the following roll call vote:
Ayes: Councilmen Strong, Christensen
Noes: Councilmen Sceales, Medders
Absent: Councilmen Barton, Ratty, Rogers
Assistant City Manager Buell, in answer to a question
by Councilman Sceales, stated that over the last several months
the Intergovernmental Relations Committee has been studying the
entire aspect of animal control. One of the first things attempted
was to conform the City's ordinance and fee schedule to the
County's (in some cases the County made changes to conform to the
City's ordinance), so that they could get to a point of equalization
for comparison purpose so an indepth cross study could be made.
The staff would recommend that the Council take action this evening
23'2
Bakersfield, California, August 10, 1977 - Page 11
to approve the fee schedule so things can move ahead with cost
analysis, with everything being equal, and resolve this issue once
and for all.
Councilman Sceales made a motion to adopt Resolution
prescribing Dog License Fees
Municipal Code. This motion
roll
Ayes:
Noes:
Absent:
that in case of a tie vote by the Council the Mayor
authorized by Chapter 9.08 of the
failed to carry by the following
call vote:
Councilmen Sceales, Christensen
Councilmen Strong, Medders
Councilmen Barton, Ratty, Rogers
Pursuant to Section 14 of the City Charter, which states
shall cast the
First reading of an Ordinance of the
Council of the City of Bakersfield
amending and repealing various
Sections of Chapter 4.16 of the
Municipal Code concerning procedure
for Elections for members of the
Council.
This ordinance makes Chapter 4.16 of the Municipal Code
consistent with the recent change in the Charter which eliminated
the Nominating Elections. It also changes the deadline for filing
nominating petitions from 60 to 68 days before the e~ction and
prohibits withdrawal of nomination papers after filing, to coincide
with State law.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending and repealing various
Sections of Chapter 4.16 of the Municipal Code concering procedure
for Elections for members of the Council.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending the Municipal Code by re-
pealing Chapter 7.12 and substituting
in lieu thereof a new Chapter 7.12,
enacted under Section 19 of Article
IV of the State Constitution providing
for the conduct of Bingo Games in the
City of Bakersfield.
deciding vote, Mayor Hart voted No.
Bakersfield, California, August 10, 1977 - Page 12
233
The Legislature recently adopted an urgency statute
adding mobilehome park associations, senior citizens organizations
and various other types of organizations exempt from the bank and
corporation tax, as eligible to conduct Bingo Games if the City so
provides by ordinance. The proposed ordinance makes the named
organizations eligible to apply for a City license and requires
a financial report from licensees, deemed necessary for enforce-
ment purposes.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Municipal Code by
repealing Chapter 7.12 and substituting in lieu thereof a new
Chapter 7.12, enacted under Section 19 of Article IV of the State
Constitution providing for the conduct of Bingo Games in the City
of Bakersfield.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.24.124 (b) (6)
of the Municipal Code concerning
required improvements in Subdivisions.
This ordinance is intended as a clarification of the
subdivision regulations to require that services from public
utilities, including cable television, shall be made available
for each lot in a subdivision.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 16.24.124 (b)
(6) of the Municipal Code concerning required improvements in Sub-
divisions.
Approval of Utilities Agreement
between the City and State of
California, Department of Transpor-
tation for necessary adjustments
on manhole frames and covers in
23rd and 24th Streets.
Upon a motion by Councilman Medders, Utilities Agreement
between the City and State Department of Transportation authorizing
Caltrans to make necessary adjustments for manhole frames and
covers in 23rd and 24th Streets between Oak Street and Golden State
234
Bakersfield, California, August 10, 1977 - Page 13
Avenue due to a resurfacing project, was approved and the Mayor
was authorized to execute same.
Councilman Rogers now in attendance at meeting.
Hearings.
This is the time set for continued hearing before the
Council on Resolution of Intention No. 921 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of portions of East 19th Street between Beale Avenue and Gage
Street, in the City of Bakersfield.
The public portion of this hearing was closed at the
Council Meeting of July 25, 1977 and action held over until tonight
in order to allow Public Works Department time to address the
problems of the property owners.
Director of Public Works Hawley reported on the meetings
held with the property owners to review their objections to this
proposed closing and outlined the solutions suggested by the
Public Works Department. He stated that all the people adjacent
to the closing were contacted. From a traffic safety viewpoint
he recommended that the street be closed. The closing will not
have a serious effect on any property within the area. The Public
Works Department modified the closing and agreed to make minor
improvements in an attempt to resolve some of the objections.
However, there remains many people in the area who prefer that the
street remain open.
Councilman Strong stated that this issue has been going
on for a long time and the staff has done a thorough job in trying
to work out the difficulties and problems of the property owners
affected by the closing.
Upon a motion by Councilman Strong, Resolution No. 73-77
of the Council of the City of Bakersfield ordering the vacation of
portions of East 19th Street between Beale Avenue and Gage Street,
Bakersfield, California, August 10, 1977 - Page 14
235
was adopted by
Ayes:
Noes:
Absent:
Abstaining:
the following roll call vote:
Councilmen Strong, Christensen,
None
Councilmen Barton, Ratty
Councilman Sceales
Medders, Rogers
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
within designated area.
This hearing has been duly posted and utility companies
within the District have been notified.
On July 11, 1977, the Council adopted Resolution No.
55-77 and established August 10, 1977 as the date for public
hearing on whether public interest requires underground of
public utilities on a portion of New Stine Road, Fjord Street,
Sundale Avenue and Belle Terrace.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Sceales, Resolution No.
74-77 of the Council of the City of Bakersfield, State of California,
establishing Underground Utility District No. 5, was adopted by the
following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Rogers
Noes: None
Absent: Councilmen Barton, Ratty
This is the time set for public hearing on application
by Kenneth F. Cooper to amend the zoning boundaries from an "A"
(Agricultural) Zone, to an M-1-D (Light Manufacturing - Architectural
Design), or more restrictive, Zone, affecting that certain property
commonly known as 1999 Oak Street.
236
Bakersfield, California, August 10, 1977 - Page 15
pation.
portion
action.
This hearing has been duly advertised, the property
posted and the property owners have been noti£ied as required by
law.
Subject property is located adjacent to and west of
Freeway 99, between the City's Corporation Yard on the south and
the Kern River levee on the north. Applicant proposes to expand
an existing wholesale nursery operation by adding a retail garden
center.
The proposed zoning would be consistent with the General
Plan which depicts this area as industrial. A Negative Declaration
was advertised and posted on June 24, 1977.
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 Medders, Ordinance No. 2364
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
1999 Oak Street, finding said zoning consistent with the General
Plan and Negative Declaration, was adopted by the following roll
call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Rogers
Noes: None
Absent: Councilmen Barton, Ratty
City Manager Bergen read the following statement into
the record:
The following statements are intended to put
the Rio Bravo annexation in a proper per-
spective as it relates to both service levels
and cost.
I would preface all of my remarks by stating
that the general philosophy followed is that
the service level provided to the Rio Bravo
annexation be predicated upon their ability
to pay. It has been our specific intention
Bakersfield, California, August 10, 1977 - Page 16
237
that the services to be provided will not place
a burden upon the taxpayers now presently
residing in the City. As the Rio Bravo area
develops, service levels will keep pace with
that development. Any service levels which
exceed the area's ability to pay must be
accompanied by a special revenue assessment.
The City's concern should be that non-contiguous
development does not result in costs for pro-
vision of necessary services which cannot be
offset by anticipated revenues.
I would re-emphasize that the statements made
in the section entitled "Urban Growth and Fiscal
Management" on Page 41 be reaffirmed.
In November, 1976, the staff prepared a General
Development Plan for the Rio Bravo annexation.
That plan was amended in February, 1977, and
provided a basis upon which all future decisions
regarding Rio Bravo would be developed. It
included a general development plan, an over-
view of existing conditions, assumptions about
the future, and specific planning elements.
With the continuation of the annexation pro-
ceedings, further updates of the General
Development Plan are necessary.
To further evaluate and implement the"General
Development Plan, Rio Bravo Annexation, November,
1976, amended February, 1977," I would submit
the following information to update this report,
which is hereby attached:
Fire Department Estimated Short-Range Costs
(Page 7) - Revised August 10, 1977.
2. Police Department Estimated Short-Range
Costs (Page 8) - Revised August 10, 1977.
3. Summary Cost/Revenue Differential (Page 12)
ao
Total Estimated Revenue
(contained in report)
$2,252,450
Revised August 10, 1977
2,393,893
Increase of 6.3% or $ 141,443
Total Estimated Cost
(contained in report)
Revised August 10, 1977
Increase of 17.7% or
$2,151,000
2,531,430
$ 380,431
Total net cost/revenue -
5 yr. period (contained
in report)
Total net cost/revenue
5 yr. period (revised
August 10, 1977)
+ $ 101,450
- $ (137,538)
Bakersfield, California, August 10, 1977 - Page 17
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Rio Bravo," 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.
One written protests was received in the City Clerk's
office from Kern Development Corporation, Orange Coast Developers,
3650 Cherry Avenue, Long Beach, California.
Mayor Hart declared the hearing open for public partici-
pation.
The following persons
Bravo" Annexation:
spoke in opposition to the "Rio
Mr. Jerry R. Brady, owner of property and
mineral rights in Section 18.
Mr. Frank A. Collins, partner of a Race
Track in Section 20.
Donald G. Kendall, Attorney representing
Clarence H. Baughman owner of 80 acres in
Section 13.
Mr. LeRoy W. Wirz, co-owner with Mr. Brady
in Section 18.
Mr. Harry Feder, oil & gas lease in Section
18.
The following persons spoke in favor of the "Rio Bravo"
Annexation:
Mr. George Nickel, Jr., property owner of a
large parcel of land in this area.
Mr. Clay Maynard, owner of 40 acres in the
area.
Mr. Pat Paola, property owner and developer.
No further protests or objections and no one else wishing
to speak in favor, Mayor Hart closed the public portion of the
hearing for Council deliberation and action.
City Manager Bergen stated that the protests amounted to
less than 10%, approximately 6½%, of the value of the territory.
Bakersfield, California, August 10, 1977 - Page 18
239
After discussion, upon a motion by Councilman Rogers,
Resolution No. 75-77 of the Council of the City of Bakersfield
declaring that a majority protest has not been made to the annexa-
tion of territory designated as "Rio Bravo" proposed to be annexed
to the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong, Christensen, Medders, Rogers
None
Councilmen Barton, Ratty
Upon a motion by Councilman Rogers, Ordinance No. 2365
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Rio
Bravo," was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Rogers
Noes: None
Absent: Councilmen Barton, Ratty
This is the time set for public hearing before the
Council for hearing objections to include within the Greater
Bakersfield Separation of Grade District a portion of certain
territory designated as "Rio Bravo" Annexation.
This hearing has been duly advertised.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Medders, Resolution No.
76-77 annexing certain territory designated as "Rio Bravo," to
the Greater Bakersfield Separation of Grade District, was adopted
by the following roll call vote
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong,
None
Councilmen Barton, Ratty
Christensen, Medders, Rogers
240
Bakersfield, California, August 10, 1977 - Page 19
This is the time set for public hearing on a proposed
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan to include that area known as "Rio Bravo"
Annexation.
This hearing has been duly advertised and the property
posted as required by law.
The Planning Commission held a public hearing on July
20, 1977, to amend the Land Use Element of the General Plan and
recommended approval to the City Council.
A Final Environmental Impact Report is on file covering
the "Rio Bravo" Annexation and the General Development Plan.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rogers, Resolution No. 77-77
of the Council of the City of Bakersfield adopting amendment to
the Land Use Element of the General Plan to include that area
known as "Rio Bravo" Annexation, was adopted by the following roll
call vote:
Ayes: Councilmen Sceales, Strong, Christensen, Medders, Rogers
Noes: None
Absent: Councilmen Barton, Ratty
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, t/he meeting was
adjourned at 10:30 P. ~~: ~/~.v~~e~~
M.
~Yl~Y~f~ the ~i y of Bakersfield, Calif.
ATTEST:
CI K o Clerk of the Council
of the City of Bak,~rsfield, California
ma
Bakersfield, California, August 24, 1977
241
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., August 24, 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 Strong, Barton, Christensen,
Medders, Ratty, Rogers, Sceales
None
Minutes of the regular meeting of August 10,
approved as presented.
Scheduled Public Statements.
Miss Kathy Shipley and "Scoobie Doo"
the Ice Capades, extended an invitation to
attend opening night of the Ice Capades at
Thursday, September 22, 1977.
1977 were
the Dog, representir~g
the Mayor and Council to
the Civic Auditorium on
Correspondence.
Upon a motion by Councilman Rogers, communication from
Glenn L. Fitts, dated August 9, 1977, resigning from the Police
Department Civil Service Commission, was received and the Mayor
was requested to send a letter of appreciation for years of service
to the City of Bakersfield.
Upon a motion by Councilman Ratty, communication £rom
State Department of Transportation, dated August 9, 1977, regarding
Relinquishment of State Highway Right-of-Way in the City of Bakers-
field on Route 58 between State Route 99 and "P" Street, was
received and ordered placed on file.
Upon a motion by Councilman Sceales, communication from
Gil Gia, 2913 Hollins Street, suggesting that the Council sponsor
a program in which service stations act as collection points for
used oil from automobiles, was received and referred to the Public
Works Department for report back to the Council.
242
Bakersfield, California, August 24, 1977 - Page 2
Upon a motion by Councilman Ratty, communication from
the Downtown Business Association, dated August 17, 1977, urging
support of proposed ordinance prohibiting trespassing on privately
operated business premises, was received and ordered placed on
file.
Upon a motion by Councilman Sceales, communication from
State Department of Transportation, dated August 17, 1977, requesting
a resolution of concurrence regarding a proposed change in descrip-
tion of Route 204 (Brundage Lane), was received.
Adoption of Resolution No. 78-77 of
the Council of the City of Bakers-
field concurring in the proposal to
change the Legislative Description
of Route 204.
Upon a motion by Councilman Strong, Resolution No. 78-77
of the Council of the City of Bakersfield concurring in the proposal
to change the Legislative Description of Route 204, was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton, Christensen,
Rogers, Sceales
Medders, Ratty,
None
None
Councilman Rogers made a motion that the communication
from Jessup Farms, 701 Western Avenue, Glendale, California, dated
August 19, 1977, regarding lease of City-owned property, be received
and referred to the staff for report to the Water and City Growth
Committee who will then make a report to the entire Council.
Councilman Barton offered a substitute motion that the
communication from Jessup Farms, 701 Western Avenue, Glendale,
California, dated August 19, 1977, regarding lease of City-owned
property, be received and referred to the Water and City Growth
Committee for report back to the Council. This motion was
unanimously approved.
Bakersfield, California, August 24, 1977 - Page 3
243
Upon a motion by Councilman Ratty, communication from
the Bakersfield Redevelopment Agency, dated August 24, 1977,
requesting a joint public hearing regarding sale of land located
on the southwest corner of 17th Street and Chester Avenue for
redevelopment purposes, was received and joint public hearing
between the City Council and Redevelopment Agency was set for
7:30 P.M., Wednesday, September 21, 1977 in the Council Chambers
of City Hall.
Councilman Barton made a motion that the time of the
joint public hearing between the City Council and Redevelopment
Agency be reconsidered and changed from 7:30 P.M. to 8:00 P.M.
and included within the regular meeting because historically
hearings have been set for the last item on the agenda. After
considerable discussion this motion failed to carry by the followi~g
roll call vote:
Ayes: Councilmen Barton, Christensen
Noes: Councilmen Strong, Medders, Ratty, Rogers, Sceales
Absent: None
Upon a motion by Councilman Medders, communication from
Mrs. Edna Buster, 2009 California Avenue, dated August 22, 1977,
protesting spiraling utility rates, was received and ordered placed
on file.
Council Statements.
Upon a motion by Councilman Ratty, Mr. Charles E.
Strange, 3401 Panorama Drive, was appointed to fill a vacancy on
the Police Department Civil Service Board created by the resignation
of Glenn L. Fitts, term expiring December 31, 1980.
Upon a motion by Councilman Christensen, the Legislative
Committee was requested to check with County Counsel Jordan and
State Legislators as to the positive need of Governor Brown's
veto of AB 1466 ("Nuclear Plant Bill") and report back to the
Council.
244
Bakersfield, California, August 24, 1977 - Page 4
Councilman Barton announced his intention to nominate
Mr. Kenneth Green, at the next Council Meeting, to fill the
vacancy on the Miscellaneous Departments Civil Service Commission.
Councilman Barton stated that he presented Mr. Green's name tonight
with the idea that he be invited to meet the Council at the
Luncheon Discussion on September 14, 1977.
Councilman Medders stated that he will also have a
nomination for this vacancy on the Miscellaneous Department Civil
Service Commission and was waiting for the l0 day posting period
to elapse.
Councilman Barton moved that the City extend an invitation
to all members of the Miscellaneous Departments Civil Service
Commission to meet with the Council at the Luncheon Discussion at
noon on September 14, 1977.
Councilman Sceales stated that this may be trivial but
he would suggest that the Commissioners be reminded that they have
to pay for their own lunch.
Councilman Barton made a motion that the City buy the
lunch for the members of the Miscellaneous Departments Civil
Service Commission. This motion carried by the following roll
call vote:
Ayes: Councilmen
Noes:
Absent:
Abstain:
Strong, Barton, Christensen, Ratty, Rogers,
Sceales
money he would suggest that the Council buy the Commissioners
lunch out of their own pocket.
Reports.
Councilman Rogers, member of
read Report No. 4-77 regarding AB 283,
the Legislative Committee,
as follows:
None
None
Councilman Medders
Councilman Rogers stated that since this is taxpayers
Bakersfield, California, August 24, 1977 - Page 5
245
AB 283 (Thomas)
AB 283 provides that zoning ordinances shall
be consistent with the general plan. That is
what the law is now and Bakersfield complies.
However, AB 283 goes further. Zoning matters
have always been treated as municipal affairs
and thereby subject to local regulation. AB
283 would take away from the City the right
to regulate zoning matters.
Further, AB 283 provides that any resident or
property owner may sue the City to enforce
compliance with the provisions of the act.
The bill then disclaims any financial respon-
sibility as a result of the act.
It is recommended that AB 283 be opposed both
from the standpoint of intruding into local
affairs and the disclaimer by the state of any
financial impact on the City.
Upon a motion by Councilman Rogers, Legislative Report
No. 4-77 regarding AB 283 was approved, and the Mayor was requested
to prepare the necessary communications to the proper persons in
Sacramento, with a copy to the League of California Cities,
expressing the Council's opposition.
Councilman Sceales, Chairman of the Intergovernmental
Relations Committee, read Report No. 4-77 regarding Dog License
Fees, as follows:
At the'Council meeting on August 10, 1977, the
Council on a split vote, with some members of
the Council not present, rejected a proposed
resolution establishing new fees for dog
licenses.
Subsequent to that meeting this Committee met
and reconsidered the proposed fee structure
and it is our recommendation that the full
Council reconsider the proposed resolution
establishing a $4.00 annual dog license fee.
As justification for making that recommendation
the Committee would cite that the annual animal
control costs for the City are estimated at
$50,000 per year and that something less than
$10,000 a year is being received in revenue to
offset that. By increasing the fee to the
proposed $4.00 per year, more of the cost of
this program would be offset. It would still,
however, operate at a $10,000 deficit. Another
factor is that there is a provision in the
Health and Safety Code of the State of California
that says that the fees charged for spaying and
neutering animals will be 50 percent of the
regular license rate and this provision would
246
Bakersfield, California, August 24, 1977 - Page 6
help offset some of the costs to the public.~
The City of Long Beach conducted a survey of
eighteen governmental agencies of which Kern
County was one, and the lowest license fee in
that survey was that of Kern County. All other
fees ranged from $6.00 for a one year license
to as high as $24.00. The City's current fee
of $1.00 is substantially less than the $4.00
fee charged by the County of Kern and is
considerably lower than a number of other
cities. The City's rate was adopted in 1970
and charges have not kept pace with other
increases.
It is, therefore, the recommendation of this
Committee that the attached resolution estab-
lishing an annual license fee of $4.00 to be
paid on a biannual basis be adopted.
Upon a motion by Councilman Sceales, Intergovernmental
Relations Committee Report No. 4-77 regarding Dog License Fees,
was accepted.
Adoption of Resolution No. 79-77 of
the Council of the City of Bakers-
field prescribing Dog License Fees
authorized by Chapter 9.08 of the
Municipal Code.
Upon a motion by Councilman Sceales, Resolution No.
79-77 of the Council of the City of Bakersfield prescribing Dog
License Fees authorized by Chapter 9.08 of the Municipal Code,
was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Ratty, Rogers, Sceales
Noes: Councilmen Strong, Barton, Medders
Absent: None
Councilman Rogers, Member of the Intergovernmental
Relations Committee, read Report No. 5-77 regarding Christmas
Tree Lights, as follows:
At the meeting of July 25, 1977, the Council
referred to this Committee the proposal by
the Fire Chief to reduce the number of
Christmas Tree Lights on Truxtun Avenue. At
the recent meeting of the Committee, we met
with the Chief to review his proposal.
The Chief's proposal would call for the lighting
of twelve trees along Truxtun Avenue between
"A" and "Q" Streets. Presently, there are
twenty-four trees lighted. The Chief indicated
that a number of stringers must be replaced and
Bakersfield, California, August 24, 1977 - Page 7
247
that by placing them at strategic locations
that the effect of the "Christmas Tree Lane"
can be maintained with a significant reduction
in the overall cost and also affect a reduction
of energy use. The proposal that the Chief
has made is also consistent with the amount
of funds that have been approved by the Council
in this fiscal year budget.
It is, therefore, the recommendation of this
Committee, that the proposal as put forth by
the Fire Chief be approved.
Upon a motion by Councilman Sceales, Intergovernmental
Relations Committee Report No. 5-77 regarding Christmas Tree Lights,
was accepted, and proposal as put forth by the Fire Chief, was
approved.
Councilman Christensen, Member of the Intergovernmental
Relations Committee, read Report No. 6-77 regarding Kern County
Commission on Aging, as follows:
At the Revenue Sharing Hearing on June 22, 1977,
the Council heard a request from Mr. Sherman
Tyler, representing the Kern County Commission
on Aging, and Mr. Tom Folsom, Staff Secretary
for the Commission, requesting funds for a study
on the feasibility of a multi-purpose senior
citizens complex.
At the present time the Commission has no
specific goals or objectives upon which to
build a comprehensive program for the provision
of programs and services to the senior citizens
of Kern County.
The County Board of Supervisors are to be
commended for establishing the Commission on
Aging. At such time as the Commission and
the Board approve goals and objectives and the
County agrees to be the lead agency, this
Council will be in a better position to study
under what conditions the City may be of
assistance in fulfilling those goals. Until
that time, however, the City does not feel
that it is proper to commit taxpayers' funds
to unapproved projects.
This Committee would recommend that the staff
be directed to work with the County in this
area of providing senior services and to help
the Commission establish goals and objectives
which will benefit all of the senior citizens
of Kern County. It is the recommendation of
this Committee that no specific action be taken
at this time and that this report be placed on
file.
Bakersfield, California, August 24, 1977 - Page
Upon a motion by Councilman Sceales, Intergovernmental
Relations Committee Report No. 6-77 regarding Kern County Commission
on Aging was accepted, and the staff was directed to work with the
County in this area of providing senior services and to help the
Commission establish goals and objectives which will benefit all of
the senior citizens of Kern County.
City Manager Bergen stated the report regarding Public
Works Employment Act covered items previously discussed; however,
there were two items that needed special explanation: (1) relocation
of Fire Stations No. 2 and No. 6, and (2) annexation and improvement
of California Avenue between Union Avenue and Baker Street. City
Manager Bergen read the report, as follows:
In November of last year, the Council authorized
the filing of an application under the Public
Works Employment Act, Round I. This application
was for three projects amounting to approximately
$1,500,000. The City did not receive any funds
at this time.
Early this year, Congress extended the Public Works
Employment Act into what they called Round II and
the cities were not required to re-submit their
applications. The Economic Development Administration
of the Department of Commerce developed their own
process for determining eligibility and for the
amount of money which the various agencies were to
receive. Those amounts are called planning target
allocations. Under Round II, Bakersfield again did
not receive a planning allocation. We were virtually
the only city in Kern County which did not receive
any money. In June, the City administration corres-
ponded with both the Regional Director of EDA in
Seattle and with Congressman William Ketchum,
protesting the manner in which the planning allocations
were made.
As part of Round II the EDA set aside money as part of
the total allocation program to what they called
"pocket of poverty" allocations and certain cities
which did not receive funding under Round II were
eligible to apply for pocket of poverty funds.
On August 8, 1977, the City was notified that it had
been selected for an eligibility of $2,800,000 in
pocket of poverty funds. These funds are restricted
for expenditure in census tracts 15, 20, and 22 within
the City of Bakersfield.
This authorization must also be shared with any school
district located within the area. Toward this end,
Public Works has met with representatives of Bakers-
field City School District and they propose construction
Bakersfield, California, August 24, 1977 - Page 9
249
of air-conditioning and new lighting at Owens,
Lincoln, and McKinley Schools, for a total
estimated cost of $867,000. The staff has
recommended City projects for expenditure of the
funds remaining.
Application for those funds had to be made within
fifteen days of receipt of the notification on
August 8, 1977. After discussion with the EDA in
Seattle, we found that the application for eligible
projects within the pocket of poverty area must be
presented to the EDA by August 23, 1977.
The staff, working on the basis of the original
Council authorization, has made application for
pocket of poverty funding as outlined on attached
Resolution updating the City's application.
We recommend adoption of the attached Resolution.
Fire Chief Needham gave a supplemental verbal report
regarding the proposed relocation of Fire Stations.
City Manager Bergen reported on the proposed annexation
and improvement of California Avenue between Union Avenue and Baker
Street.
After considerable discussion, upon a motion by Councilman
Strong, report from City Manager regarding Public Works Employment
Act was accepted.
Adoption of Resolution No. 80-77 of
the Council of the City of Bakers-
field approving the Application for
Public Works Employment Act of 1977,
Grant moneys for Storm Drains, New
Fire Station, Street Improvements
and Curbs and Gutters.
Upon a motion by Councilman Strong, Resolution No. 80-77
of the Council of the City of Bakersfield approving the Application
for Public Works Employment Act of 1977, Grant moneys for Storm Drains,
New Fire Station, Street Improvements and Curbs and Gutters, was
adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Ratty
Noes: Councilmen Rogers, Sceales
Absent: None
Abstaining: Councilman Medders
Councilman Medders stated his abstaining vote was due to
a possible conflict of interest, real or imagined.
250
Bakersfield, California, August 24, 1977 - Page I0
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 6-77 regarding 1977-78 Property
Tax Rate and Reserves, as follows:
The Budget Review and Finance Committee has
met with the members of the staff and reviewed
the City's assessed valuation, cash reserves
as required by Section 58 of the City Charter,
and general financing requirements for the
1977-78 fiscal year.
Assessed Valuation
The City's assessed valuation for 1977-78 amounts
to $280,502,315. This represents an increase of
$31,696,301 or 12.7 percent over 1976-77. Of
this increase, $2,524,990 results from the utility
roll which is assessed by the State Board of
Equalization. The remaining portion comes from
local assessments by the County Assessor's Office.
It is significant to note that this remaining
increase of $29,171,311 is totally attributable
to new annexations and new construction within
the City. There were no reappraisals by the
County Assessor of existing property within the
City during this last year.
Reserves
In accordance with Council policy to reserve for
future commitments made through the meet and confer
process, the payroll reserve has been established
at $485,000. This represents the cost of the
second year (1978-79) of the Teamster two-year
salary agreement which the Council approved in
June and the difference between the cost of the
incremental salary increases given employees for
1977-78 and the cost beginning July 1, 1978. This
Committee feels this policy is sound financing
and should be maintained.
The other adjustment in reserves is an increase in
the cash basis reserve of $110,000 to $2,245,000.
Based on the Charter requirements, this reserve
should be at a level of about $3,300,000. It will
still be necessary to rely on the equipment replace-
ment reserves to cover the difference. It is the
Committee's feeling that the City should strive to
build this reserve, as funds become available, to
the level required by the Charter and not have to
depend on other reserves.
Despite the adjustments recommended above, the
City's reserves within the General Tax Rate Category,
which funds the City's general operations, have been
decreased by $618,425 in order to finance the 1977-78
budget.
Bakersfield, California, August 24, 1977 - Page 11
Property Tax Rate
The Committee's review of the financing of the
Bond Tax Rate Category indicates that the
combination of an increase of $14,790 in budget
requirements and the increased assessed valuation
results in a reduction of the bond tax rate of
approximately $.02. This Committee feels that as
the necessary financing requirements of these
obligations of the City are reduced, the taxpayers
should receive the resulting benefit. This
reduction and the reduction made by the Council
last year amount to a drop in this tax rate of
$.05 per $100 of assessed valuation over the two
years.
However, in light of the Council's desire to main-
tain the same level of service to the community
and the effect of the drought on the area's
economy, this Committee feels that no further tax
reduction can be made at this time.
Conclusion
The Committee recommends the Council increase the
General Cash Reserve by $110,000 and reduce the
City's property tax rate from $2.5915 to $2.5716
per $100 of assessed valuation for 1977-78 and
adopt the ordinance attached.
Councilman Strong commented that perhaps the Budget Review
and Finance Committee at a later date supply additional information
as to the Charter requirement regarding Cash Reserves. Councilman
Barton questioned the amount of City Reserve Funds.
After a lengthy discussion, upon a motion by Councilman
Medders, Budget Review and Finance Committee Report No. 6-77 regarding
1977-78 Property Tax Rate and Reserves was accepted.
Adoption of Ordinance No. 2366 New
Series levying upon the assessed
valuation of the taxable property in
the City of Bakersfield, a rate of
taxation upon each one hundred dollars
of valuation for the Fiscal Year
beginning July 1, 1977, and ending
June 30, 1978.
Upon a motion by Councilman Medders, Ordinance No. 2366
New Series levying upon the assessed valuation of the taxable property
in the City of Bakersfield, a rate of taxation upon each one hundred
dollars of valuation for the Fiscal Year beginning July 1, 1977, and
ending June 30, 1978, was adopted by the following roll call vote:
252
Bakersfield, California, August 24, 1977 - Page 12
Ayes:
Councilmen Strong, Christensen, Medders, Ratty, Rogers,
Sceales
Noes: Councilman Barton
Absent: None
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 7-77 regarding Renewal of School
Crossing Guard Contract, as follows:
For the past two years, the City has contracted
with Mr. Horace Clark to operate the school
crossing guard program for the City. The Police
Chief is satisfied with the services of Mr. Clark
and recommends the contract be renewed for the
1977-78 fiscal year. Mr. Clark has agreed to a
5 percent increase in his fee for the administration
of the program (from $133 per month per guard to
$140). Both the Committee and the staff feel this
is reasonable. The other costs within the contract
will not change. The contract does contain a pro-
vision, however, that if the minimum wage is
increased by the State during the year, the City
agrees to pay the increased amount.
The Police Chief is also recommending that one
additional guard be added in the vicinity of Pauley
School (see Attachment #1). The need for this
guard meets the warrants used by the City. As
this additional guard was not budgeted for, a
transfer of $5,000 from the Council's Contingency
Account will be required.
This Committee has reviewed the above and recommends
that the contract (see Attachment #2) with Mr.
Horace Clark be approved for the 1977-78 fiscal
year and $5,000 be transferred from the Council's
Contingency Account, 11-512-6100, to the Police
Department, Account 11-625-4500, to fund the addi-
tional guard at Pauley School.
Upon a motion by Councilman Medders, Report No. 7-77 from
the Budget Review and Finance Committee regarding Renewal of School
Crossing Guard Contract, was accepted; Agreement with Horace W.
Clark for administration of School Crossing Guard Program was
approved; and budget transfer from the Council's Contingency Account
No. 11-512-6100 to the Police Department Account No. 11-625-4500
in the amount of $5,000.00 to fund the additional guard at Pauley
School was approved.
City Manager Bergen submitted internal staff memo dated
August 22, 1977, regarding Real Road and Palm Street, for background
Bakersfield, California, August 24, 1977 - Page
253
information only and reported verbally regarding traffic along Real
Road and Palm Street and recommended (1) supporting the Planning
Commission's recommendations regarding requesting the Kern County
Board of Supervisors to initiate proceedings to annex to the City
Real Road between Palm Street and Chester Lane, and (2) that a
complete evaluation of the traffic problem be made after the County
construction project between Palm Street and Chester Lane is complete,
at which time the proposed annexation should be complete and within
the jurisdiction of the City.
Mr. Bud Graham, who resides on the corner of Palm Street
and Real Road, stated willingness of the property owners to meet
with Council members and staff for discussion of the matter.
Councilman Barton, Chairman of the Business Development and
Parking Committee, referred to a letter from Ms. Jacqueline Parish,
Executive Director, Downtown Business Association, dated July 25,
1977, relative to the Proposed Downtown Improvement District Budget
for Fiscal Year 1977-78 and stated the consensus of the Committee is
that the Budget be approved as presented.
Upon a motion by Councilman Barton, Downtown Improvement
District Budget for Fiscal Year 1977-78, as stated in the Downtown
Business Association's letter dated July 25, 1977, was approved.
Upon a motion by Councilman Christensen, the Council Meeting
was recessed at 10:10 P.M. by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Abstaining: Councilman Sceales
Mayor Hart reconvened the meeting at 10:20 P.M.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 614 to 752,
inclusive, in the amount of $184,683.66.
(b) Claim for Personal Injuries from Cheryl
S. McCoy, 3901 Soranno Avenue, Apt. "C",
Bakersfield. (Refer to City Attorney)
254
Bakersfield, California, August 24, 1977 - Page
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
Claim for Damages from Automobile Club of
Southern California on behalf of L. B.
Kinslow, 1316 Union Avenue, Bakersfield.
(Refer to City Attorney)
Street Easement from Ira L. Brummell,
providing street right-of-way for McDonald
Way and Belle Terrace as required by the
Planning Commission for Parcel Map No.
3653.
Street Easement from Maurice St. Clair,
Lois St. Clair, Frank St. Clair and
Arlana St. Clair, providing street right-
of-way for Wible Road as required by the
Planning Commission for Parcel Map No.
4148.
Street Easement from Agnes Drury Clark,
providing street right-of-way for Alum
Avenue as required by the Planning Com-
mission for Parcel Map No. 4148.
Street Easement from W.H.O. Development,
providing street right-of-way for Wible
Road and Alum Avenue as required by the
Planning Commission for Parcel Map No.
4148.
Map of Tract No. 3795, Unit A, and Improve-
ment Agreement for construction of improve-
ments therein - located south of College
Avenue and east of Montello Street.
(Substituted for original item.)
Deleted
Improvement Agreement for Parcel Map No.
3653 with Ira L. Brummell.
Improvement Agreement for Parcel Map No.
4110 with Tenneco Realty Development
Corporation.
Improvement Agreement for Parcel Map No.
4165 with Tenneco Realty Development
Corporation.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3813 - Contract No. 76-85
with Fred S. Macomber.
Plans and Specifications for Standby Air
Conditioning System for Police Building
Communications Section.
Request of Jane Talbot, Engineering Drafts-
man, for 30-Day Leave of Absence Without
Pay, beginning August 21, 1977 and extending
through September 21, 1977.
Bakersfield, California, August 24, 1977 - Page 15
255
(p) Resolution No. 81-77 of the Council of
the City of Bakersfield fixing Wednesday,
October 12, 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
"Bernard No. 3," proposed to be annexed
to the City of Bakersfield.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (j), (k), (1), (m), (n), (o) and (p) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Black-
welders for Refuse Compactor, was accepted and all other bids
rejected.
Upon a motion by Councilman Medders, bid of American
LaFrance Company for 100 Foot Rear Mount Aerial Ladder Fire Truck
Closed Cab Forward Design, was accepted.
Upon a motion by Councilman Ratty, low bid of California
Sheet Metal for furnishing and installing Air Conditioning System
in City Hall Basement, was accepted, all other bids rejected and
authorization granted to transfer necessary funds.
Upon a motion by Councilman Sceales, low bid of Griffith
Company for construction of pavement on Planz Road between Real Road
and Wible Road, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Deferred Business.
Appointment of Voting Delegate and
Alternate for the League of Cali-
fornia Cities Conference, September
25-29, 1977.
Each year the League of California Cities requests that the
City Council designate a voting representative and alternate to vote
on matters affecting municipal or league policy during the conference.
256
Bakersfield, California, August 24, 1977 - Page 16
Upon a motion by Councilman Christensen, Councilman
Barton was designated as Voting Delegate for the League of Cali-
fornia Cities Conference to be held in San Francisco, September
25-29, 1977.
Upon a motion by Councilman Medders, Councilman
Christensen was designated as Alternate Voting Delegate for the
League of California Cities Conference to be held in San Francisco,
September 25-29, 1977. Councilman Christensen voted in the negative
on this motion.
Approval of Report No. 12-77 from
Governmental Efficiency and Personnel
Committee regarding Bidding Process
for Weed Abatement Program.
Action on this report was held over from the Council
Meeting of August 10, 1977.
Upon a motion by Councilman Strong, Report No. 12-77 from
the Governmental Efficiency and Personnel Committee regarding Bidding
Process for Weed Abatement Program, was accepted; and the Finance
Director was authorized to dispense with the usual bidding procedure
for Weed Abatement and negotiate an Annual Contract for same.
Deferral of an Ordinance of the
Council of the City of Bakersfield
amending and repealing various
Sections of Chapter 4.16 of the
Municipal Code concerning procedure
for Elections for members of the
Council.
Councilman Medders made a motion to adopt an Ordinance of
the Council of the City of Bakersfield amending and repealing various
Sections of Chapter 4.16 of the Municipal Code concerning procedure
for Elections for members of the Council.
Councilman Strong offered a substitute motion that the
Ordinance amending and repealing various Sections of Chapter 4.16 of
the Municipal Code concerning procedure for Elections for members of
the Council, be deferred until such time as the staff can present
a report regarding this Ordinance. This motion was unanimously
approved.
Bakersfield, California, August 24, 1977 - Page 17
257
Adoption of Ordinance No. 2367 New
Series of the Council of the City of
Bakersfield amending the Municipal
Code by repealing Chapter 7.12 and
substituting in lieu thereof a new
Chapter 7.12, enacted under section
19 of Article IV of the State
Constitution providing for the
conduct of Bingo Games in the City
of Bakersfield.
Upon a motion by Councilman Strong, Ordinance No. 2367
New Series of the Council of the City of Bakersfield amending the
Municipal Code by repealing Chapter 7.12 and substituting in lieu
thereof a new Chapter 7.12, enacted under Section 19 of Article IV
of the State Constitution providing for the conduct of Bingo Games
in the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
Adoption of Ordinance No. 2368 New
Series of the Council of the City of
Bakersfield amending Section 16.24.124
(b) (6) of the Municipal Code con-
cerning required improvements in
Subdivisions.
Upon a motion by Councilman Medders, Ordinance No. 2368
New Series of the Council of the City of Bakersfield amending
Section 16.24.124 (b) (6) of the Municipal Code concerning required
improvements in Subdivisions, was adopted by the following roll call
vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
New Business.
Adoption of Emergency Ordinance No.
2369 New Series of the Council of
the City of Bakersfield adding
Chapter 10.47 to the Municipal Code
prohibiting trespasses upon privately
operated business premises.
258
Bakersfield, California, August 24, 1977 - Page 18
This ordinance makes it a misdeameanor to use privately
owned business premises for any purpose which is contrary to the
functions or services provided by the business without the consent
of the owner or his agent.
After discussion, upon a motion by Councilman Christensen,
Emergency Ordinance No. 2369 New Series of the Council of the City
of Bakersfield adding Chapter 10.47 to the Municipal Code prohibiting
trespasses upon privately operated business premises, was adopted by
the following roll call vote:
Ayes: Councilmen Strong,
Rogers,
Noes: None
Absent: None
Barton, Christensen, Medders, Ratty,
Sceales
This
fee for Bingo.
ordinance.
Adoption of Resolution No. 82-77 of
the Council of the City of Bakers-
field fixing fee for application for
Bingo License pursuant to Chapter
7.12 of the Municipal Code.
resolution prescribes $50.00 as the annual license
The fee is currently $50.00 under the present
Upon a motion by Councilman Strong, Resolution No. 82-77
of the Council of the City of Bakersfield fixing fee for application
for Bingo License pursuant to Chapter 7.12 of the Municipal Code,
was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
Adoption of Resolution No. 83-77 of
the Council of the City of Bakers-
field authorizing the Director of
Public Works to sign an Application
by the City of Bakersfield to the
Public Utilities Commission of the
State of California for an order
authorizing construction of the
Separation Structure under the main
line track of the Atchison, Topeka
and Santa Fe Railway on Truxtun
Avenue.
Bakersfield, California, August 24, 1977 - Page 19
259
The City recently received notice that this crossing has
been placed number two in priority in the State and we are eligible
to receive a State allocation of $500,000 for this grade separation
project. The project cost is estimated at $1,000,000 and is in the
budget for construction in the current fiscal year.
Upon a motion by Councilman Medders, Resolution No. 83-77
of the Council of the City of Bakersfield authorizing the Director
of Public Works to sign an Application by the City of Bakersfield
to the Public Utilities Commission of the State of California for
an order authorizing construction of the Separation Structure under
the main line track of the Atchison, Topeka and Santa Fe Railway
on Truxtun Avenue, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
Approval of Contract with Grunwald
Crawford Associates for preparation
of EIR for General Plan change and
Zone Change at intersection of Ming
Avenue and New Stine Road.
Upon a motion by Councilman Sceales, Contract with Grunwald
Crawford Associates for preparation of EIR for General Plan change
and Zone Change at intersection of Ming Avenue and New Stine Road,
was approved and the Mayor was authorized to execute same.
Approval of Agreement between the
City and California Water Service
Company providing terms for extension
of water main from a point near Oak
Street to serve the City's New
Corporation Yard.
Upon a motion by Councilman Ratty, Agreement between the
City of Bakersfield and California Water Service Company providing
terms for extension of water main from a point near Oak Street to
serve the City's New Corporation Yard, was approved and the Mayor
was authorized to execute same.
260
Bakersfield, California, August 24, 1977 - Page
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 Ratty, 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. East California Avenue between Union Avenue
and King Street.
2. Real Road between Palm Street and Chester
Lane; and the north ~ of Palm Street between
Real Road and Western Drive (City limit line).
3. Stockdale Highway/Brundage Lane between
Olive Street and McDonald Way; and Oak
Street between Brundage Lane and City limit
line (1000 feet north of Brundage Lane).
4. Stockdale Highway between Cherry Hills Drive
and City limit line (400 feet east of E1 Rio
Drive).
Councilman Sceales voted in the negative on this motion.
Hearings.
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),
to a R-2-D (Limited Multiple Family Dwelling - Architectural Design),
to a C-1-D (Limited Commercial - Architectural Design), to a C-2-D
(Commercial - Architectural Design), to an M-1-D (Light Manufacturing -
Architectural Design), to an R-S-2~-A (Residential Suburban Two and
one-half Acre Minimum Lot Size), to an "A" (Agricultural), and to an
MH (Mobilehome), or more restrictive, Zones, affecting that certain
property in the County of Kern generally lying easterly of the
boundary of the City of Bakersfield, southerly of the Kern River,
northerly of the easterly extension of College Avenue, and with Kern
Canyon lying on the east, and known as "Rio Bravo" Annexation.
This hearing has been duly advertised, the property posted
and the property owners have been notified as required by law.
Bakersfield, California, August 24, 1977 - Page 21
261
Subject Rio Bravo Annexation contains approximately
13,420 acres, or 21 square miles, the majority of which is unde-
veloped. The proposed overall zoning would be similar to that
allowed by the existing County zoning and would conform to the Rio
Bravo Annexation General Development Plan which is a part of the
Environmental Impact Report approved and certified by the City
Council.
Mayor Hart declared the hearing open for public partici-
pat ion.
Mr. Clint Smoot questioned whether the proposed zoning
would permit him to continue to graze his cattle. Planning
Director Sceales stated this is a seasonal use and not a permanent
use and he does not foresee any problems.
No protests or objections and no one wishing to speak in
favor, Mayor Hart closed the public portion of the hearing for
Council deliberation and action.
Upon a motion by Councilman Rogers, Ordinance No. 2370
New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map)
of the Municipal Code of the City of Bakersfield and finding said
Zoning Upon Annexation of "Rio Bravo" consistent with the General
Plan, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
This is the time set for public hearing on application by
Manfred N. Spaeth to amend the zoning boundaries from an R-1 (One
Family Dwelling) and a C-2-D (Commercial - Architectural Design),
Zone, to an MH (Mobilehome), or more restrictive, Zone, affecting
those certain properties in the City of Bakersfield located on the
northeast corner of South Chester Avenue and Planz Road.
This hearing has been duly advertised, the property posted
and the property owners have been notified as required by law.
262
Bakersfield, California, August 24, 1977 - Page 22
Council that
September 8,
town Center,
Plan (AQMP).
Subject property. is undeveloped and contains 15.56 acres.
A 117-1ot mobilehome development is proposed. Access will be off
South Chester Avenue which is depicted as a major arterial on the
Bakersfield General Plan.
The staff advertised and posted a Negative Declaration on
July 7, 1977. No protests, oral or written, were received.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and action.
Upon a motion by Councilman Barton, action on application
by Manfred N. Spaeth to amend the zoning boundaries from an R-1 (One
Family Dwelling) and a C-2-D (Commercial - Architectural Design),
Zone, to an MH (Mobilehome), or more restrictive, Zone, affecting
those certain properties in the City of Bakersfield located on the
northeast corner of South Chester Avenue and Planz Road, was held
over until the Council Meeting o£ September 14, 1977.
Councilman Medders stated that he would like to remind the
the Air Quality Board of Kern County will be meeting
1977, at 7:30 P.M. at the Bakersfield College Down-
regarding preparation of an Air Quality Maintenance
upon
11:00 P.M.
Adjournment.
There being no further business to come before the Council,
a motion by Councilman Ratty, the meeting was adjourned at
MAYOR Bakersfield, Calif.
ATTEST:
CITY an ficio Clerk of the Council
of t~e City of Ba~rsfield, California
ma/mp
Bakersfield, California, September 14, 1977
263
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P. M., September 14, 1977.
the City
of City
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald A.
Rogers.
The City Cl~rk called the roll as follows:
Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales,
Strong
Absent: Councilmen Barton, Christensen
Minutes of the regular meeting of August 24, 1977 were
approved as presented.
Scheduled Public Statements.
Mrs. Jill Haddad, 2501 Crest Drive, member of the Bakers-
field Planning Commission, referred to an article appearing in the
Bakersfield Californian on Sunday, September 11th, entitled "Beware
of State Mandated Urban Control," by Mary K. Shell. According to
the article this proposal is a regional government pla~ and if put
into effect the bureaucrat~ in Sacramento, in most cases appointed
by the Governor, would dictate to the citizens of cities and
counties where they would live and the life style they may enjoy.
Home rule would be permanently endangered if this proposal is
adopted. as State policy and the article indicates that it would be
in effect by fall. Mrs. Haddad requested that the Council adopt a
resolution opposing State Mandated Urban Control in an effort to
protect home rule and leave the control at the local level where
the people can be heard.
After discussion, upon a motion by Councilman Rogers,
action on the request of Mrs. Haddad to adopt a resolution opposing
State Mandated Urban Control, was held over until the Council
Meeting of September 21, 1977.
264
Bakersfield, California, September 14, 1977 - Page 2
Correspondence.
Upon a motion by Councilman Medders, communication from
Pacific Gas and Electric Company, dated August 22, 1977, regarding
Notice of Intention for Gas Turbine Project, was received and
ordered placed on file.
Upon a motion by Councilman Strong, communication from
Joseph T. Dougherty, 1216 Duke Drive, dated August 30, 1977,
requesting consideration of an increase and/or cost of living
adjustment for members of the Bakersfield Fire Department Relief
and Pension Fund, was received and referred to the Governmental
Efficiency and Personnel Committee.
Upon a motion by Councilman Sceales, communication from
Golden Empire Transit, dated August 31, 1977, submitting a copy
of their Financial Report for year ending June 10, 1977, was
received and ordered placed on file.
Councilman Rogers requested that the communications from
Jeanette L. Wadman, Diane Meyer, Margaret E. Ackermann, Leonard
Bruns and Dr. Stephen Montgomery, dated September 1 & 2, 1977,
submitting their resignations from the Board of Charity Appeals
andSolicitations, be considered during a report on this subject
scheduled later in the agenda.
Upon a motion by Councilman Ratty,
in the vicinity of Bakersfield High School,
petition from residents
dated August 10, 1977,
requesting that action be taken to alleviate problems caused by
students of that high school, was received and referred to the
Police Chief for report.
Mayor Hart stated that he received a communication from
the Bakersfield Advertising Club requesting that he proclaim
Thursday, September 22, 1977, as WIP Day (Water Is Precious). On
WIP Day it is being requested that citizens of Bakersfield not use
water from 2:00 to 4:00 P.M. as a personal dedication to the con-
servation of domestic water. During this two-hour period it will
Bakersfield, California, September 14, 1977 - Page 3
265
be possible to save 7 million gallons of water, if the entire City
refrains from turning on its faucets.
Council Statements.
Councilman Medders nominated Mr. William Jing, 2730 -
3rd Street, to fill a vacancy on the Miscellaneous Departments
Civil Service Board.
Councilman Strong stated that Councilman Barton indicated
that he would withdraw Mr. Kenneth Green's name from nomination to
fill the vacancy on the Miscellaneous Departments Civil Service
Board. Councilman Barton also indicated that next time there is a
vacancy on a Civil Service Board he would nominate Mr. Green.
Upon a motion by Councilman Medders, Mr. William Jing,
2730 - 3rd Street, was appointed to fill a vacancy on the Miscella-
neous Departments Civil Service Board, created by the termination
of Arturo Rios' appointment, term expiring December 31, 1978, by
the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Barton, Christensen
Adoption of Ordinance No. 2371 New
Series of the Council of the City
of Bakersfield amending Section
2.04.010 of the Municipal Code
changing the meeting dates of the
City Council to Wednesdays of each
week.
Councilman Rogers stated that because hearings have to
be scheduled in advance and time will soon be running out on the
temporary schedule of Council Meeting dates, he would make a motion
to adopt an Ordinance setting Council Meeting dates for the 2nd
and 4th Wednesdays of each month.
Councilman Ratty requested that the motion be divided
into two parts; first the day of the week, and then the dates of
meetings.
Councilman Rogers indicated that he had no objections
to dividing the question.
266
Bakersfield, California, September 14, 1977 - Page 4
Councilman Medders stated he has no objections to holding
meetings on Wednesdays, but has not yet decided whether every two
weeks is advisable or not.
Councilman Strong stated he had no objections to holding
meetings on Wednesdays, but felt the full Council should be present.
before permanent dates are set.
Councilman Ratty indicated that he agreed with Council-
man Strong's philosophy on this matter.
After discussion, Councilman Strong offered a substitute
motion that the matter of setting dates for Council Meetings be
held over until next week when the whole Council is present. This
motion failed to carry by the following roll call vote:
Ayes: Councilmen Medders, Strong
Noes: Councilmen Ratty, Rogers, Sceales
Absent: Councilmen Barton, Christensen
Councilman Rogers' motion to adopt an Ordinance No. 2371
New Series of the Council of the City of Bakersfield amending
Section 2.04.010 of the Municipal Code changing the meeting dates
of the City Council to Wednesdays of each week, was adopted by
the following roll call vote:
Ayes: Councilmen Medders, Rogers, Ratty, Sceales
Noes: Councilman Strong
Absent: Councilmen Barton, Christensen
Councilman Strong clarified his negative vote by stating
that something this important should be voted on by the whole
Council because it affects each member individually.
Councilman Rogers made a motion that the Ordinance include
that the Council Meetings be held on the 2nd and 4th Wednesdays of
each month on a permanent basis. This motion failed to carry by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rogers, Sceales
Councilmen Medders, Ratty, Strong
Councilmen Barton, Christensen
Bakers£ield, California, September 14, 1977 - Page 5
267
Adoption of Resolution No. 84-77
amending Resolution No. 41-77 by
extending the time of meetings of
the Council of the City of Bakers-
field until December 31, 1977.
After discussion, upon a motion by Councilman Medders,
Resolution No. 84-77 amending Resolution No. 41-77 by extending
the time of meetings of the Council of the City of Bakersfield
until December 31, 1977, was adopted by the following roll call
vote:
Ayes: Councilmen Medders, Ratty, Rogers, Strong
Noes: Councilman Sceales
Absent: Councilmen Barton, Christensen
City Attorney Hoagland stated that in November the
scheduling of hearings will again become a problem.
Reports.
Councilman Rogers, member of the Legislative Committee,
read Report No. 5-77 regarding AB 1466, as follows:
AB 1466
(Gualco, Craven, and Kapiloff)
The City Council requested a report from the
Legislative Committee relative to the effect
AB 1466 has on the nuclear plant proposed for
the Wasco area.
AB 1466 would amend Section 21080 of the Public
Resources Code allowing public agencies to
provide planning, engineering, purchase of
equipment, fuel and power prior to completion
of an Environmental Impact Report on the
facility.
This exemption applies only if the EIR is pre-
pared by the State Energy Resources Conserva-
tion and Development Commission, by the Public
Utilities Commission, or by the city or county
in which the powerplant and related facility
would be located.
Since the EIR for the Wasco plant is being
prepared by the Los Angeles Department of
Water and Power, as lead agency, for a plant
located in a county other than Los Angeles,
AB 1466 is not applicable to the Wasco plant.
Recommendation - Since AB 1466 is not applicable
to the Wasco plant, it is the recommendation of
the Legislative Committee that any action
268
Bakersfield, California, September 14, 1977 - Page 6
relative to AB 1466 should be made by the
Board of Supervisors who represent the entire
county.
Upon a motion by Councilman Rogers, Legislative Report
No. 5-77 regarding AB 1466, was approved.
Assistant City Manager Russell read a report from the
City Manager regarding Board of Charity Solicitations, as follows:
Over the past several years, the City has had
all of Chapter 7 of the Municipal Code under
study to determine if there are sections which
could be modernized and also if there are
provisions which are no longer valid.
One of the conditions is the elimination of
the Board of Charity Solicitations and handling
the issuance of solicitation permits adminis-
tratively. Recent court decisions have
narrowly defined the grounds upon which permits
may be denied and in particular with religious
solicitations, there is very little discretion
on the part of the Board if 'the applicant
meets the provisions of the ordinance.
With minimal changes the Finance Department
is capable of issuing a solicitation permit
with the Police Department providing staff
and investigative background personnel for
them.
The staff had planned to present this change
along with the complete revamp of Title 7
later this year. However, with the resigna-
tions of the current Board this would appear
to be an appropriate time.
Attached is an ordinance for the Council's
consideration which would abolish the Board
of Charity Solicitations and vest the authority
to issue permits in the Finance Department and
establish an appeal procedure to the City
Manager. The staff would recommend adoption
of this ordinance.
Mr. Don Hopkins, Manager of Better Business Bureau and
former member of the Board of Charity Appeals and Solicitations,
cited some of the problems this Board has had in the past, the
reason most of the present members submitted resignations and
recommended the following:
1. Do not abolish the Board.
2. Assign a Deputy City Attorney to aid the
Board.
3. Board Chairman be elected each year.
Bakersfield, California, September 14, 1977 - Page 7
269
4. Closer relationship be established between
the Board and Police Department.
Assistant City Attorney Oberholzer outlined the back-
ground leading up to the Board refusing to issue a Charity
Solicitation Permit to the Unification Church and the advice
given to the Board, by the City Attorney's office, that they must
issue a permit because they found the application had substantially'
complied with the ordinance.
After considerable discussion, upon a motion by Council-
man Rogers, the five letters of resignation from the members of
the Board of Charity Solicitations, were not accepted but held in
abeyance until next week; the recommendations from the staff were
held over until next week; and the City Attorney's office was
requested to meet with the members of the Board in an attempt to
resolve the issue and also investigate the possibility of having
them withdraw their resignations, by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Barton, Christensen
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 753 to 1064,
inclusive, in the amount of $509,990.67.
(b) Claim for Damages from Victor Melendez.
(Refer to City Attorney)
(c) Easement for Street Right-of-Way from
Tenneco Realty Development Corporation,
providing street right-of-way for Office
Centre Court, located west of California
Avenue and north of Lennox Avenue.
(d) Sewer Line Easement from Sill-Caratan
Development to serve the new Corporation
Yard, located between Easton Drive and
the Atchison, Topeka & Santa Fe Railroad.
(e) Utility Easement from City to P.G. & E.,
for an easement within Beach Park property
for underground electric service to the
Racquetball/Handball facility.
2;7 0
Bakersfield, California, September 14, 1977 - Page 8
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
(p)
Map of Tract No. 3859 "A" and Improvement
Agreement for construction of improvements
therein - located north of College Avenue
and east of Sterling Road.
Map of Tract No. 3898 and Improvement
Agreement for construction of improve-
ments therein - located northeast of
White Lane and Wilson Road.
Map of Tract No. 3900 and Improvement
Agreement for construction of improve-
ments therein located east of Ashe
Road between Ming Avenue and Planz Road.
Map of Tract No. 3903 and Improvement
Agreement for construction of improve-
ments therein located east of Ashe
Road and north of Planz Road.
Map of Tract No. 3955 and Improvement
Agreement for construction of improve-
ments therein - located north of Stock-
dale Highway and east of Gosford Road.
Application for Encroachment Permit from
Carl Karcher Enterprises, Inc. (Carl's
Jr.) for construction of a 6" high planter
curbing within the public right-of-way and
at back of sidewalk at 2412 Ming Avenue.
Plans and Specifications for Northwest
Bakersfield Drain Pump Station expansion.
Plans and Specifications for construction
of Sewer Main between Easton Drive and
the new City Corporation Yard.
Resolution No. 85-77 of the Council of
the City of Bakersfield fixing Wednesday,
October 26, 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
"Wilson Road No. 3," proposed to be
annexed to the City of Bakersfield.
Resolution No. 86-77 of the Council of
the City of Bakersfield fixing Wednesday,
October 26, 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
"Harris No. 1," proposed to be annexed
to the City of Bakersfield.
Minute Order setting October 12, 1977 as
the date for hearing an Appeal by Cecil
E. Shackelford, et al, to the decision
of the Board of Zoning Adjustment in the
granting of a Conditional Use Permit to
Celso Robert Osorio.
Bakersfield, California, September 14, 1977 - Page 9
271
(q)
Budget Transfer from Public Works Equip-
ment Replacement Contingency Account No.
81-484-6100 to Public Works Auto Equip-
ment Account No. 81-484-7200 within the
Equipment Replacement Fund in the amount
of $5,800, to Account No. 81-484-7500
Radio and Communications Equipment in
the amount of $450.00 and to Account No.
81-484-8300, Equipment NOC in the amount
of $1,409.71 for siren, speakers, alley
light switches, lit bar, mikes and fitting
equipment, for replacement of sedan
destroyed by fire.
(r)
Budget Transfer from Public Works Equip-
ment Replacement Contingency Account No.
81-484-6100 to Public Works Auto Equip-
ment Account No. 81-484-7200 within the
Equipment Replacement Fund in the amount
of $5,800 for replacement of wrecked sedan.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q) and (r) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Barton, Christensen
Action on Bids.
Upon a motion by Councilman Ratty, all bids for construc-
tion of Reinforced Concrete Box Culvert at 30th Street and East
Side Canal, were rejected.
Upon a motion by Councilman Medders, bid of Haberfelde
Ford for two 1977 Model Four Door Sedans for the Fire Department,
was accepted and the other bid rejected.
Upon a motion by Councilman Sceales, low bid of Clanton
Construction for Annual Contract No. 11878 for Curbs, Gutters and
Sidewalks, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Medders, low bid of Tejon
Vangas for Annual Contract for Propane, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
272
Bakersfield, California, September 14, 1977 - Page 10
Upon amotion by Councilman Rogers, low bid of Cummins
Service and Sales for Diesel Engine, was accepfed and the other
bid rejected.
Upon a motion by Councilman Medders, low bid of Clow
Corporation for Fire Hydrants and Accessories, was accepted and
all other bids rejected.
Upon a motion by Councilman Sceales, low bid of Kern
County Equipment Company for Three Wheel Traffic Control Vehicle,
was accepted and the other bid rejected. This item was $122.70
over the amount budgeted and there are sufficient savings in this
account to cover the additional amount. Councilman Rogers voted
in the negative on this motion.
Upon a motion by Councilman Ratty, low bid of Halprin
Supply for Yellow Turnout Coats (50 each), was accepted and all
other bids rejected.
Upon a motion by Councilman Sceales, low bid of G.C.A.
Drilling & Blasting Co. for 1700 ft. of Asbestos Concrete Pipe
installed in Grissom Street between White Lane and District
Boulevard, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Items 15 and 16 to Section
17.64.020 of the Municipal Code, pro-
viding for granting of Conditional
Use Permits in any Zone.
This proposed amendment would allow by Conditional Use
Permit: Sand and gravel excavation sites; drilling for the
production of oil, gas and other hydrocarbon substances; and the
installation and maintenance of necessary buildings, apparatus
incidental thereto in any zone subject to the conditions outlined
in "A" (Agricultural) Zone - Section 17.36.020 (F).
Drilling for oil would remain a permitted use in the
Flood Plain Primary, Flood Plain Secondary, "A" (Agricultural) and
"W" (Oil Well) Zones.
Bakersfield, California, September 14, 1977 - Page 11
This proposed amendment would be consistent with that
allowed in the County Zoning Ordinance and would alleviate problems
with sand and gravel operations, and the Kern Bluff Oil Field
within the Rio Bravo Annexation.
The Planning Commission has reviewed and approved this
proposed amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Items 15 and 16 to Section
17.64.020 of the Municipal Code, providing for granting of Conditional
Use Permits in any Zone.
Adoption of Resolution No. 87-77 of
the Council of the City of Bakers-
field adopting Conflict of Interest
Codes for the City of Bakersfield
Water Board and the Water Department.
This resolution approves and adopts Conflict of Interest
Codes for the City of Bakersfield Water Board and the Water Depart-
ment. Both City agencies have conducted a public hearing as
required by law and have approved the proposed Codes and now
request adoption by the Council.
Upon a motion by Councilman Rogers, Resolution No. 87-77
of the Council of the City of Bakersfield adopting Conflict of
Interest Codes for the City of Bakersfield Water Board and the
Water Department, was adopted by the following roll call vote:
Ayes Councilmen Medders, Ratty, Rogers, Sceales, Strong
Noes None
Absent: Councilmen Barton, Christensen
Approval of Water Enterprise Budgets,
Agricultural and Domestic, for Fiscal
Year 1977-78.
The preparation and adoption of a comprehensive budget
is essential for good financial management, however, it should be
recognized that the same degree of rigid budgetary control cannot
be expected to be exercised in an enterprise operation. An
enterprise is a self-supporting operation of a commercial nature.
274
Bakersfield, California, September 14, 1977 - Page 12
Its revenues and expenses will vary with the level of service,
and in this case with the supply of water available, and if
rigidly controlled may delay necessary expansion or emergency
repairs or impede satisfactory performance. As a result, it may
become necessary during the fiscal year for the Water Board to
take actions which may alter these estimates.
The Water Board has reviewed the alternate financial
plans for a dry year, normal year and wet year and based on current
long-range forecasts recommends the approval of the plan for a dry
year.
Upon a motion by Councilman Rogers, Water Enterprise
Budgets, Agricultural and Domestic, for a dry year, for Fiscal
Year 1977-78, were approved.
Approval of Engineering Services Agree-
ment between City and Mason, Vancurren
and Wachob, Inc., providing terms and
performance requirements for investi-
gation and design of Storm Drains in
portions of Hayes Street, 2nd Street,
"V" Street, 4th Street, "K" Street,
31st Street and Panama Street.
After discussion, upon a motion by Councilman Strong,
Engineering Services Agreement between the City and Mason, Van-
curten and Wachob, Inc., providing terms and performance require-
ments for investigation and design of Storm Drains in portions of
Hayes Street, 2nd Street, "V" Street, 4th Street, "K"
Street, 31st Street and Panama Street, was approved and the Mayor
was authorized to execute same, by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Sceales, Strong
Noes: Councilman Rogers
Absent: Councilmen Barton, Christensen
Approval of Engineering Services
Agreement between City and Rickett,
Ward and Delmarter, a Partnership,
providing terms and performance
requirements for investigation and
design of Street Improvements in
an area bounded by Lakeview Avenue,
Brundage Lane, King Street and
Virginia Avenue.
Bakersfield, California, September 14, 1977 - Page 13
275
Councilman Rogers stated
stood that
in any way;
which will
that he wanted it clearly under-
he is not opposed to the upward mobility of minorities,
but does oppose the City setting a trap for themselves
spring shut in the near future by having to put down
goals and timetables which can then be used as a club over our
heads at a later date. Which, he was convinced, they have every
intention of using when the time is right.
Upon a motion by Councilman Ratty, Engineering
Services Agreement between the City and Rickett, Ward and Delmarter,
a Partnership, providing terms and performance requirements for
investigation and design of Street Improvements in an area bounded
by Lakeview Avenue, Brundage Lane, King Street and Virginia Avenue,
was approved and the Mayor was authorized to execute same. Council-
man Rogers voted in the negative on this motion.
Approval of Engineering Services
Agreement between City and Lee Worth
Engineering, a Sole Proprietorship,
providing terms and performance
requirements for investigation and
design of Street Improvements in
California Avenue between Union
Avenue and King Street.
Upon a motion by Councilman Ratty, Engineering Services
Agreement between the City and Lee Worth Engineering, a Sole
Proprietorship, providing terms and performance requirements for
investigation and design of Street Improvements in California
Avenue between Union Avenue and King Street, was approved and the
Mayor was authorized to execute same. Councilman Rogers voted in
the negative on this motion.
Approval of Engineering Services
Agreement between City and Giersch
and Gong-Guy, a Partnership, pro-
viding terms and performance
requirements for investigation and
design of Storm Drains in portions
of "L" Street and "N" Street between
Richland Street and California Ave.
Upon a motion by Councilman Strong, Engineering Services
Agreement between the City and Giersch and Gong-Guy, a Partnership,
276
Bakersfield, California, September 14, 1977 - Page 14
providing terms and performance requirements for investigation and
design of Storm Drains in portions of "L" Street and "N" Street
between Richland Street and California Avenue, was approved and
the Mayor was authorized to execute same. Councilman Rogers voted
in the negative on this motion.
Approval of Engineering Services
Agreement between City and Lusich,
Patrick, Henderson, Mueller and
Associates, Inc., providing terms
and performance requirements for
investigation and design of Street
Improvements in an area bounded by
California Avenue on the north,
Lakeview Avenue on the west and the
Southern Pacific Railroad on the
east and south.
Upon a motion by Councilman Ratty, Engineering Services
Agreement between the City and Lusich, Patrick, Henderson, Mueller
and Associates, Inc., providing terms and performance requirements
for investigation and design of Street Improvements in an area
bounded by California Avenue on the north, Lakeview Avenue on the
west and the Southern Pacific Railroad on the east and south, was
approved and the Mayor was authorized to execute same. Councilman
Rogers voted in the negative on this motion.
Approval of Architectural Services
Agreement between City and Harding
and Gaines, Architects, providing
terms and performance requirements
for investigation and design of a
Fire Station near the intersection
of East Cali£ornia Avenue and Gage
Street.
Upon a motion by Councilman Strong, Architectural Servcies
Agreement between the City and Harding and Gaines, Architects,
providing terms and performance requirements for investigation and
design of a Fire Station near the intersection of East California
Avenue and Gage Street, was approved and the Mayor was authorized
to execute same. Councilman Rogers voted in the negative on this
motion.
Approval of Notice of Completion and
Acceptance of Work on the City's new
Corporation Yard Facility.
Bakersfield, California, September 14, 1977 - Page 15
The work under this contract is substantially complete
with the exception of items which cannot be tested due to some
utilities being incomplete which will serve the Corporation Yard.
Some miscellaneous cleanup work also remains to be done. The
utilities are not the responsibility of this contractor, but should
be completed within 60 to 90 days.
The Public Works Department recommends acceptance of the
work with the condition that $75,000 be withheld from the Contractor's
final payment until such time that all equipment can be tested and
any necessary corrections made.
Upon a motion by Councilman Medders, Notice of Completion
and Acceptance of Work on the City's new Corporation Yard Facility,
Contract No. 76-79 with Fred S. Macomber, with the condition that
$75,000 be withheld from final payment until such time that all
equipment can be tested and any necessary corrections made, was
approved and the Mayor was authorized to execute same.
Hearings.
Mayor Hart announced that the last hearing on the agenda
would be heard first so the people in attendance could leave
immediately thereafter.
This is the time set for public hearing on an Appeal by
Mrs. Ronald Goertz to the decision of the Board of Zoning Adjust-
ment 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.
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.
Bakersfield, California, September 14, 1977 - Page 16
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.
On August 30, 1977 a letter was received in the City
Clerk's Office from Alfred Engel requesting that the hearing be
rescheduled as he will be out of town tonight.
Councilman Rogers wanted to know if it was Mr. Engel's
plan to have two double car garages and requested that this
information be supplied at the continued hearing.
Upon a motion by Councilman Rogers, hearing on appeal
by Mrs. Ronald Goertz to the decision of the Board of Zoning
Adjustment regarding Alfred R. Engel's application for a Modifi-
cation of an R-1 (One Family Dwelling) Zone to permit the reduction
of the required front yard setback £rom the required 25 feet to 23
feet on that certain property commonly known
was continued until October 12, 1977, by the
vote
Ayes
Noes
Absent:
Councilmen Medders, Ratty, Rogers,
Council
as 3312 Crest Drive,
following roll call
None
Councilmen Barton,
Christensen
Sceales, Strong
This is the time set for public hearing before the
for hearing protests by persons owning real property
within certain inhabited territory designated as "Kern City,"
proposed to be annexed to the City of Bakersfield.
This hearing has been duly advertised. This is one of
the steps necessary preparatory to calling a Special Annexation
Election.
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.
Bakersfield, California, September 14, 1977 - Page 17
279
Upon a motion by Councilman Strong, Resolution No. 88-77
of the Council of the City of Bakersfield making final determina-
tion of boundaries of territory proposed to be annexed, designated
as the "Kern City" Annexation, was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Ratty, Rogers, Sceales,
None
Councilmen Barton, Christensen
This is the time set for continued hearing on
Strong
application
by Manfred N. Spaeth to amend the zoning boundaries from an R-1
(One Family Dwelling), and a C-2-D (Commercial - Architectural
Design), Zone to an MH (Mobilehone), or more restrictive, Zone,
affecting those certain properties in the City of Bakersfield
located on the northeast corner of South Chester Avenue and Planz
Road.
The public portion of this hearing was closed at the
Council Meeting of August 24, 1977 and action held over until
tonight. This hearing was duly advertised, the property posted
and the property owners were notified as required by law.
Subject property is undeveloped and contains 15.56 acres.
A ll7-1ot mobilehome development is proposed. Access will be off
South Chester Avenue which is depicted as a major arterial on the
Bakersfield General Plan.
Staff advertised and posted a Negative Declaration on
July 7, 1977.
No protests, oral or written, were received.
Mayor Hart declared the hearing open for public partici-
pation. Mr. John De Falco, 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.
Bakersfield, California, September 14, 1977 - Page 18
Upon a motion by Councilman Sceales, Ordinance No. 2372
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that
certain property in the City of Bakersfield located on the north-
east corner of South Chester Avenue and Planz Road, finding said
zoning consistent with the General Plan and the Negative Declaration,
were adopted by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Barton, Christensen
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:20 P.M.
MAYOR oi;.tl~e C~i~ty of Bakersfield,
Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex-Officio Clerk of the Council
of the City of Bakersfield, California
T CITY CLERK
ma
Bakersfield, California, September 21, 1977
281
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 7:30 P.M., September 21,
1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance.
Present:
The City Clerk called the roll of the Council as follows:
Mayor Hart.
Absent: None
follows:
Present:
Absent:
Councilmen Ratty, Rogers (seated at 7:40 P.~.),
Sceales (seated at 7:37 P.M.), Strong, Barton,
Christensen, Medders
The Agency Secretary called the roll of the Agency as
Agency Members Casper, Foth, Lewis, Mooneyham, Poehner
Agency Members King, Puder
MAYOR HART: This is the time for the special joint
meeting of the City Council and the Redevelopment Agency, called
for the purpose of conducting a public hearing on a proposed
development agreement to construct a four-story bank and office
building on the corner of 17th Street and Chester Avenue, and the
subsequent sale of land. This is the time and place set for such
joint public hearing as specified in the Joint Notice of Public
Hearing published pursuant to the California Community Redevelopment
law.
Eugene Jacobs, Special Counsel for the Redevelopment
Agency, announced that the contract with hotel developer Daniel
Fritz, Vancouver, British Columbia (Metro Plaza), was signed
earlier this evening and a hearing will be set on this matter about
30-45 days from the date that contract is presented to the Agency.
The Council adopted Resolution No. 67-76 on August 30,
1976, which stated that if an application for a Building Permit
and the fees have not been filed for such application by October 1,
1977, the Redevelopment Agency was directed to initiate appropriate
procedures to delete that area from the Downtown Bakersfield
Bakersfield, California, September 21, 1977 - Page 2
Redevelopment Project area. Mr. Jacobs recommended that the
Council adopt a resolution extending that deadline date to February
l, 1978, and if after holding a public hearing it is decided not
to go forward then the area could be deleted.
Adoption of Resolution No. 89-77 of
the Council of the City of Bakers-
field regarding Resolution No. 67-76
and its intent to delete area from
the Downtown Bakersfield Redevelop-
ment Project Area under certain
circumstances.
Upon a motion by Councilman Ratty, Resolution No. 89-77
of the Council of the City of Bakersfield regarding Resolution No.
67-76 and its intent to delete area from the Downtown Bakersfield
Redevelopment Project Area under certain circumstances, was adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Medders
Noes: None
Absent: Councilmen Rogers, Sceales
MAYOR HART: The record contains the following documents:
a. Development and Disposition Agreement.
b. Summary and Report
c. Land Marketing Report
All persons who desire to be heard will have an opportunity
to speak. Before commencing to speak, you will be sworn in by the
City Clerk. Before you start speaking, please give your name,
address, and the organization, if any, which you are representing
at this hearing. In order that everyone will be able to hear
those who are speaking, we want to urge you to speak clearly and
directly into the microphone.
I now declare the public hearing open for the City
Council.
this
development in
Under the law, it is my responsibility to preside over
joint public hearing.
We shall now have the presentation of the proposed
the Redevelopment Project Area by the Agency staff.
Bakersfield, California, September 21, 1977 - Page 3
283
At this time, I would like to call on Mr. Dick Foster, Community
Development Director of the City and Deputy Executive Director of
the Redevelopment Agency.
COMMUNITY DEVELOPMENT DIRECTOR FOSTER: Tonight's public
hearing is on a Participation and Development Agreement between
the Redevelopment Agency, California Republic Bank (the partici-
pant) and Guay & Danielson (the developer). Briefly the agreement
states the Agency shall purchase the land, sell it to California
Republic Bank and the developer will construct a four-story office-
bank building and parking garage which will be owned and maintained.
by the developer. At this time I would like to introduce Mr.
Eugene Jacobs, Special Counsel for the Redevelopment Agency, who
will explain the proposal in more detail.
SPECIAL COUNSEL JACOBS: This project is similar to the
Bank of America development, except that the amount that could be
paid, in their case, was considerably loss than the market at that
time. Therefore, it was necessary, because of dropping land prices,
for the Agency to build a parking garage. In this case the
developer can pay for the land and still build a parking garage.
It will not be necessary for the Agency to build the parking
garage.
One parcel is owned by the Agency, but the other two are
not. The contract provides that the Agency buy the two parcels of
land, sell the parcels to the bank and they in turn will lease all
the land to the developer; except the small bank building on the
northeast corner of Truxtun Avenue and Eye Street, which will be
used as a computer center in the basement and a savings and loan
on the street floor. The developer will then have a leaseback
from California Republic Bank for a bank site in the main four-
story building and lease out the remaining space for offices.
Based on a report from Keyser-Marston Associates, Agency's
Economic Advisors, Mr. Jacobs briefly explained the financing of
the parking garage.
284
Bakersfield, California, September 21, 1977 - Page 4
COMMUNITY DEVELOPMENT DIRECTOR FOSTER: Before the
Agency's presentation is concluded it should be noted that the
Council and Agency certified an Environmental Impact Report on
November 18, 1974, which covers all new development in the entire
Downtown Bakersfield Redevelopment Project area. On this project
it was only necessary to prepare an initial study on any potential
impact on the environment and this has been done.
This concludes the Agency's presentation. If there are
any questions, Agency representatives are available for a more
in-depth discussion.
MAYOR HART: At this time, we will have the oral state-
ments and questions by persons in
or environmental clearance.
After being sworn in Mr.
favor of the proposed development
Lawrence Guay, partner in Guay
and Danielson, developer for the project, stated he is in favor
of the project and the preliminary plans, engineering, mechanical
engineering and electrical engineering are completed. Negotiations
with the bank are in the final stages and if the project goes
ahead they are ready.
MAYOR HART: At this time, we will have the oral state-
ments and questions by persons who oppose the proposed development
or environmental clearance. No one in the audience came forward
to speak in opposition of the project.
MAYOR HART: Hearing no requests to speak, I hereby
declare the public hearing closed for the purposes of the City
Council.
AGENCY CHAIRMAN CASPER: I hereby declare the public
hearing closed for the purposes of the Redevelopment Agency.
MAYOR HART: Do the members of the Redevelopment Agency
desire to discuss and consider taking action at this time?
AGENCY CHAIRMAN CASPER: We do Mr. Mayor. Do any members
of the Redevelopment Agency desire to ask questions or request
further clarification on the proposed development?
Bakersfield, California, September 21, 1977 - Page 5
Adoption of Resolution No. RA2-77 of
the Bakersfield Redevelopment Agency
finding that the proposed Partici-
pation and Development Agreement
between the Agency, California Republic
Bank and Guay & Danielson will not
have a significant effect on the
environment and that no subsequent
or supplemental Environmental Impact
Report is required for the Downtown
Bakersfield Redevelopment Project.
Upon a motion by Agency Member Foth, seconded by Agency
Member Poehner, Resolution No. RA2-77 of the Bakersfield Redevelop-.
ment Agency finding that the Participation and Development Agree-
ment between the Agency, California Republic Bank and Guay and
Danielson will not have a significant effect on the environment
and that no subsequent or supplemental Enivornmental Impact Report
is required for the Downtown Bakersfield Redevelopment Project, was
adopted by the following roll call vote:
Ayes: Agency Members Casper, Foth, Lewis, ~ooneyham, Poehner
Noes: None
Absent: Agency Members King, Puder
Adoption of Resolution No. RA3-77 of
the Bakersfield Redevelopment Agency
approving the sale of certain real
property within the Downtown Bakers-
field Redevelopment Project pursuant
to a Participation and Development
Agreement between the Agency,
California Republic Bank and Guay &
Danielson and authorizing the
execution of the Agency.
Upon a motion by Agency Member Lewis, seconded by Agency
Member Foth, Resolution No. RA3-77 of the Bakersfield Redevelopment
Agency approving the sale of certain real property within the
Downtown Bakersfield Redevelopment Project pursuant to a Partici-
pation and Development Agreement between the Agency, California
Republic Bank and Guay & Danielson and authorizing the execution
of the Agency, was adopted by the following roll call vote:
Ayes: Agency Members Casper, Foth, Lewis, Mooneyham, Poehner
Noes: None
Absent: Agency Members King, Puder
Bakersfield, California, September 21, 1977 - Page 6
AGENCY CHAIRMAN CASPER: I hereby transmit to the City
Clerk and the City Council, the resolutions of the Agency approving
and recommending that the Council adopt the same two resolutions.
MAYOR HART: Thank you. Do any members of the Council
desire to ask questions or request any further clarification on
the resolutions?
Adoption of Resolution No. 90-77 of
the City Council of the City of
Bakersfield, California, finding that
the proposed Participation and
Development Agreement between the
Bakersfield Redevelopment Agency,
California Republic Bank and Guay &
Danielson will not have a signifi-
cant effect on the environment and
that no subsequent or supplemental
Environmental Impact Report is
required for the Downtown Bakers-
field Redevelopment Project.
Upon a motion by Councilman Ratty, Resolution No. 90-77
of the City Council of the City of Bakersfield, California, finding
that the proposed Participation and Development Agreement between
the Bakersfield Redevelopment Agency, California Republic Bank and
Guay & Danielson will not have a significant effect on the environ-
ment and that no subsequent or supplemental Environmental Impact
Report is required for the Downtown Bakersfield Redevelopment
Project, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Adoption of Resolution No. 91-77 of
the City Council of the City of
Bakersfield, California, approving
the sale of certain real property
within the Downtown Bakersfield
Redevelopment Project pursuant to a
Participation and Development Agree-
ment between the Bakersfield Redevelop-
ment Agency, California Republic Bank
and Guay & Danielson.
Upon a motion by Councilman Medders, Resolution No. 91-77
of the City Council of the City of Bakersfield, California, approving
the sale of certain real property within the Downtown Bakersfield
Bakersfield, California, September 21, 1977 - Page 7
287
Redevelopment Project pursuant to a Participation and Development
Agreement between the Bakersfield Redevelopment Agency, California
Republic Bank and Guay & Danielson, was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Adjournment.
Agency Chairman Casper adjourned the Joint Public Hearing
before the Council of the City of Bakersfield and the Bakersfield
Redevelopment Agency regarding development agreement to construct
a four-story bank and office building on the corner of 17th Street
and Chester Avenue, and the subsequent sale of land, at 7:55 P.M.
The next regularly scheduled meeting of the Redevelopment Agency
is Tuesday, September 27, 1977, at 4:00 P.M., in the Council Chambers
of City Hall.
Mayor Hart adjourned the Joint Public Hearing before the
Council of the City of Bakersfield and the Bakersfield Redevelopment
Agency regarding development agreement to construct a four-story
bank and office building on the corner of 17th Street and Chester
Avenue, and the subsequent sale of land, at 7:55 P.M.
~Y~'~ f t~sfield, Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex-Officio Clerk of the Council
of the City of Bakersfield, California
BY ~dT-4_~j~,~_ ~
/ ASSISTANT CITY CLER~
ma
Bakersfield, California, September 21, 1977
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., September 21, 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:
Present: Mayor Hart. Councilmen Ratty, Rogers, Sceales, Strong,
Barton, Christensen, Medders
Absent: None
Minutes of the regular meeting of September 14, 1977
were approved as presented.
Scheduled Public Statements.
Dr. Royce Johnson, M.D., Kern County Interagency Council
on Smoking and Health, requested that the Council adopt an ordinance
prohibiting smoking in City-owned public facilities. Dr. Johnson
stated that the County of Kern has passed a resolution prohibiting
smoking in the Board's Chambers and several other public areas.
Mr. Joe Stevens, Lung Association, explained what is
contained in the County resolution banning smoking in certain
areas.
After discussion, upon
the staff was requested to draft
a motion by Councilman Christensen,
an ordinance prohibiting smoking
in certain areas of City-owned public facilities.
Mr. Gilbert Gia, 2913 Hollins Street, thanked the Council
for the action taken tonight regarding an ordinance banning smoking
in certain areas of City-owned facilities.
Council Statements.
Upon a motion by Councilman Barton, Assistant Public
Works Director Edgar W. Schulz was appointed as the Public Works
Director's alternate to the Board of Zoning Adjustment, term
expiring December 1, 1977.
Bakersfield, California, September 21, 1977 - Page 2
289
Councilman Barton questioned the City Attorney regarding
the duties of the Board of Charity Solicitations and suggested that
the legal staff be present at their special meeting to be held
~onday, September 26th at 8:00 P.M., in the Police Building, to
thoroughly discuss the legal ramifications of an application that
has been submitted, what their duties and responsibilities are,
and encourage the use of the legal department anytime a doubtful
situation arises.
City Attorney Hoagland stated that that has already been
accomplished. An Attorney has been assigned to attend their
meetings regularly until such time as the Attorney and Board feel
it is not necessary to attend all meetings.
Councilman Rogers stated that the ordinance governing
the Board of Charity Solicitations should be updated and he was
hoping a motion would be made requesting the staff to do that and
come back to the Council with a report at their earliest convenience.
City Attorney Hoagland stated that it is his understanding
that the Board of Charity Solicitations is going to study this
ordinance, with staff assistance, and submit the changes they deem
appropriate to the Council.
Upon a motion by Councilman Sceales, memorandum from the
City Manager regarding Zone Changes, dated September 14, 1977, was
referred to the Planning Commission for study and recommendation
back to the Council.
Reports.
Assistant City Manager Russell read a report from the
City Manager regarding the Board of Charity Solicitations, as
follows:
At the request of the City Council, the City
Attorney, the Chief of Police and the Assistant
City Manager met last week with the Chairman
and two members of the Board of Charity Solici-
tations regarding the recent resignations of
five of its members. As a result of this
meeting, the members of the Board which were
present indicated their willingness to continue
serving in this capacity, and the Chairman
Bakers£ield, California, September 21, 1977 - Page 3
stated he would contact the other members and
let the staff know of their decisions.
On Monday of this week, the Chairman, Dr.
Steven Montgomery, was contacted, and he in-
formed us that he could not speak on behalf
of the other members at this time; however,
he agreed to call a special meeting of the
Board for the week of September 26 in an
attempt to resolve this issue and also act
on the solicitation request of the Unification
Church. The staff will be in attendance at
this meeting, and has offered any reasonable
backup support in regard to legal issues,
secretarial help and housing as requested by
the Board.
Councilman Medders made a motion that the report from
the City Manager regarding Board of Charity Solicitations be
accepted.
Councilman Strong stated that in view of the fact that
there was a report from the staff recommending that perhaps the
Council take another position, it might be well to include in the
motion an expression of the Council's confidence in the Board as
it exists and as provided for in the ordinance.
Councilman Medders' motion that the report from the
City Manager regarding Board of Charity Solicitations, be accepted;
and an expression of confidence from the Council in the Board as
it exists and as provided for in the ordinance, was approved.
Councilman Rogers, Chairman of the Water and City Growth
Committee, read Report No. 4-77 regarding Sewer Treatment Plant
No. 2, Farming Lease, as follows:
At the Council meeting of August 24, 1977, a
letter from Jessup Farms, Glendale, California,
was referred to this Committee. The major
thrust of the letter was to question the
manner in which the City was going to handle
the lease of various properties during the
time that construction was in process at Sewer
Treatment Plant No. 2.
The particular piece of property in question
is Section 3, Township 31 South, Range 28 East,
MDM, and was acquired by the City from Southern
Pacific Railroad. Jessup Farms had a lease in
effect on the property when we acquired it and
the City agreed to continue the lease until it
expires on December 31, 1977.
Bakersfield, California, September 21, 1977 - Page 4
291
This Committee has met with the staff to review
its proposals for both water and property
management during construction and specifica-
tions to determine what commitments have been
made to either existing or prospective lessees.
It was the staff's suggestion and this Committee
recommends, that this particular piece of
property be put out to bid on a one year lease
basis at the end of the current lease period.
The bid process would be handled as we do all
bids and will invite all qualified individuals
to present bids for the lease of this property.
This Committee feels that this is the fairest
way to handle the property in question and will
give everyone an equal opportunity to take part.
After discussion, upon a motion by Councilman Rogers,
Water and City Growth Committee Report No. 4-77 regarding Sewer
Treatment Plant No. 2, Farming Lease, was accepted; and recom-
mendations as outlined in the report, were approved.
Councilman Rogers stated that Mayor Hart has received a
communication from Mayor Pete Wilson of San Diego and Mayor Charles
B. Wheeler of Kansas City, Mo., dated September 13, 1977, requesting
opposition to Federal legislation HR 10/S.80, now being considered
by the U.S. Senate, which would virtually repeal the Hatch Act.
HR 10 has passed the House.
Councilman Strong stated that he would be very hesitant
to act on this type of thing because he would hate to see the
Council get involved in a situation that might be construed as an
endorsement of Mr. Wilson's candidacy for Governor.
After discussion, upon a motion by Councilman Rogers,
the City Attorney was requested to supply more information on HR 10
to the Council and this item was ordered placed on the agenda for
the Council Meeting of October 12, 1977. Councilman Strong voted
in the negative on this motion.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1065 to 1290,
inclusive, in the amount of $382,885.87.
(b)
Claim for Damages from Lois Hopkins, 1906
Roosevelt Street, Bakersfield. (Refer to
City Attorney)
292
Bakersfield, California, September 21, 1977 - Page 5
(¢)
Claim for Damages from Pacific Telephone
and Telegraph Company. (Refer to City
Attorney)
(d)
Claim for Damages from Charley D. and
Pamela Spohn, 336 McCord Avenue, Space
No. 4, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages from Gerald Wayne Naff,
1413 Ralston Street, Bakersfield. (Refer
to City Attorney)
(f)
Street Easement from Valcoart Properties,
Inc., providing right-of-way for Wible
Road as required by the Planning Commission
for Parcel Map 4339.
(g)
Map of Tract No. 3838 "C" and Improvement
Agreement for construction of improvements
therein - located south of Auburn Street
at Eissler Street.
(h) DELETED
(i)
Plans and Specifications for improvements
of "Q" Street from Truxtun Avenue to
Golden State Avenue.
(J)
Plans and Specifications for construction
of Tennis Court Lighting at Beale and
Wilson Parks.
(k)
Request from Moreland Engineering, Inc.,
for annexation of property located at the
southeast corner of South "H" Street and
Pacheco Road, containing approximately 20
acres of land. (Refer to Planning Com-
mission for study and recommendation)
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (i), (j) and (k) of the Consent Calendar,
were adopted by the following roll call vote:
Ayes:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Strong, bid of Hoven's for
Annual Contract for Blueprinting Reproduction, was accepted and
the Mayor was authorized to execute the contract.
Bakersfield, California, September 21, 1977 - Page 6
293
Deferred Business.
Request of Mrs. Jill Haddad for
adoption of Resolution opposing
State Mandated Urban Control.
Councilman Ratty stated that it was brought to his
attention, through the staff, that this item is going to be dis-
cussed at the Annual Conference of the League of California Cities
in San Francisco, next week, and it might be helpful to listen to
that discussion before making a decision.
Assistant City Manager Buell stated that the resolutions
to be considered at the League Conference were included in the
Council packets last week and the resolution regarding State
Mandated Urban Control is No. 30. It will be heard by the Committee
on Environmental Quality on Sunday, General Resolution Committee o~
Tuesday and then presented to the General Assembly on Wednesday.
Councilman Rogers stated that he is concerned that what-
ever the League does, as a body, may not be in the best interest
of the City of Bakersfield. The Council should do what is best
for the City of Bakersfield and not be concerned with what every-
one else is doing in their area.
City Attorney Hoagland stated it was his understanding
that this will be discussed at the League Meeting in light of
what the League adopted as their Action Plan several years ago.
This particular Urban Development Strategy does not square away
with the League's Action Plan. At least the League would not
take a position adopting this insofar as it runs counter to the
so-called Action Plan. Whatever takes place at the League, in
this discussion, is going to be most beneficial for enlightenment
of the Council and Planning Commission.
Councilman Sceales made a motion to adopt a resolution
opposing State Mandated Urban Control. This motion failed to carry
by the
Ayes:
Noes:
Absent:
following roll call vote:
Councilmen Rogers, Sceales, Medders
Councilmen Ratty, Strong, Barton, Christensen
None
294
Bakersfield, California, September 21, 1977 - Page 7
Councilman Ratty clarified his negative vote by stating
that it sounds as if he is voting for State Mandated Controls,
and he is not. He stated he would rather listen to the input
from the League before making a decision on this matter.
Councilman Strong clarified his negative vote by stating
that he thinks one of the reasons this whole proposal is being
considered is the fact that so many cities throughtout the State
of California are having problems that they recognize and they
want the State Legislature to focus on some of those problems.
There will be an excellent dialogue at the League and it would
be beneficial to listen to the pros and cons as it is debated
before taking a position.
Councilman Barton clarified his negative vote by stating
he would like to know a little more about the issue.
Councilman Christensen clarified his negative vote by
stating that he has not read all the information provided and is
not happy to seek glory on snap judgments and will attend all the
meetings possible on this subject. He also stated he could think
of one thing in particular that might necessitate, in certain
areas in the State of California, State action to force certain
cities to adopt adequate sewer systems and set forth the improve-
ment of certain health problems.
Adoption o£ Ordinance No. 2373 New
Series of the Council of the City
of Bakersfield adding Items 15 and
16 to Section 17.64.020 o£ the
Municipal Code, providing for granting
of Conditional Use Permits in any
zone.
Upon a motion by Councilman Sceales, Ordinance No. 2373
New Series of the Council of the City of Bakersfield adding Items
15 and 16 to Section 17.64.020 of the Municipal Code, providing
for granting of Conditional Use Permits in any zone, was adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales,
Christensen, Medders
Noes: None
Absent: None
Strong, Barton,
Bakersfield, California, September 21, 1977 - Page 8
295
New Business.
Adoption of Resolution No. 92-77 of
the Council of the City of Bakers-
field calling a Special Election to
be held on Tuesday, the 7th day of
March, 1978, pertaining to the
Annexation of Kern City to the City
of Bakersfield, establishing voting
precinct, polling place and officers
of election, for said Election.
This resolution sets March 7, 1978, as the date of the
Kern City Annexation Election, the earliest date the City can
legally hold the election. It states the proposition to be voted
upon, describes the territory proposed to be annexed, establishes
the precinct, polling place and officers of election and directs
the Clerk to publish Notice of the Election in accordance with law.
Upon a motion by Councilman Sceales, Resolution No. 92-77
of the Council of the City of Bakersfield calling a Special Election
to be held on Tuesday, the 7th day of March, 1978, pertaining to
the Annexation of Kern City to the City of Bakersfield, establishing
voting precinct, polling place and officers of election, for said
Election, was adopted by the following roll call vote:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 93-77 of
the Council of the City of Bakers-
field requesting conveyance of Ease-
ment in certain real property from
Mount Vernon Sanitation District to
City of Bakersfield for valuable
consideration.
The easements are necessary for construction of sewer
pipelines in conjunction with the expansion of the City of Bakers-
field Wastewater Treatment Plant No. 2.
Upon a motion by Councilman Rogers, Resolution No. 93-77
of the Council of the City of Bakersfield requesting conveyance
of Easement in certain real property from Mount Vernon Sanitation
District to the City of Bakersfield for valuable consideration, was
296
Bakersfield, California, September 21, 1977 - Page 9
adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales,
Christensen, Medders
Noes: None
Absent: None
Strong, Barton,
Approval of Agreement between the
City of Bakersfield and Grunwald,
Crawford and Associates to prepare
an Air Quality Mitigation Plan in
connection with the expansion of
Sewer Treatment Plant No. 2.
Upon a motion by Councilman Rogers, Agreement between
the City of Bakersfield and Grunwald, Crawford and Associates to
prepare an Air Quality Mitigation Plan in connection with the
expansion of Sewer Treatment Plant No. 2, was approved and the
Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and the Downtown
Business Association providing
electrical outlets on traffic signal
poles in the downtown area.
Upon a motion by Councilman Ratty, Agreement between the
City of Bakersfield and the Downtown Business Association providing
electrical outlets on traffic signal poles for Christmas Tree
Lighting in an area bounded by Truxtun Avenue, "G" Street, 22nd
Street and "M" Street, was approved and the Mayor was authorized
to execute same.
Adjournment.
There being no further business to
Council, upon a motion by Councilman Strong,
adjourned at 9:05 P.M.
come before the
the ~eeting was
MAYOR o~L~the'Cfty of Bakersfield, Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex-Officio Clerk of the Council
of the City of Bakersfield, California
BY
/ ASSISTANT CITY CLERK
ma