HomeMy WebLinkAboutAPR - JUNE 1977Bakersfield, California, April 4, 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., April 4, 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 Medders, Ratty, Rogers, Sceales,
Strong, Barton, Christensen
Absent: None
Minutes of the regular meeting of March 28, 1977 were
approved as presented.
Scheduled Public Statements.
Mrs. Arlene Pike, 2412 San Pablo, stated that she was
not objecting to a "Garage Sale" but requested that the Council
do something to control continuous "Garage Sales" that disrupt
the neighborhood and result in excess debris in yards and illegal
signs being posted on cars, poles, etc.
Upon a motion by Councilman Rogers the problem of
continuous "Garage Sales" was referred to the staff for investi-
gation and report back to the Council with suggestions as to how
this nuisance can be controlled.
John Lavender of the First Baptist Church offered
Dr.
an Invocation.
Mr.
Leonard Cravens, 2609 Chester Avenue, presented a
petition from businessmen located on Chester Avenue, from 24th
Street to the Garces Circle, expressing their opposition to the
proposed reconstruction of Chester Avenue between 24th Street and
Garces Circle because the length of time of construction would be
detrimental to business in that area and would cause substantial
losses to each person who signed the petition.
Director of Public Works Hawley explained the procedure
that would be used to prevent lengthy blocking of the access to
Bakersfield, California, April 4, 1977 - Page 2
these businesses and offered to meet with the businessmen in the
area to go over the plans in detail.
Mr. Cravens stated that if the project has to be done
then he would suggest that the starting time be changed.
Mr. Bud Steel, 3115 Chester Avenue, questioned the staff
regarding the project to widen and resurface Chester Avenue.
Mr. LeRoy Wirz, Attorney representing Henry Hank, 2519
Chester Avenue, questioned the staff regarding access to driveways
during construction.
Mr. Guy Rodgers, owner of Rodgers' Furniture 2825 Chester
Avenue, stated that most of his business comes from people window
shopping and during this construction they will not travel Chester
Avenue. He also stated that after completion of the project their
signs will not conform to the City's Sign Ordinance.
Correspondence.
Upon a motion by Councilman Rogers, communication from
the Downtown Business Association, dated March 23, 1977, requesting
the City Council to begin immediately to take the preliminary steps
to form a Parking District for downtown by hiring a Parking
Consultant, was received and referred to the Business Development
and Parking Committee.
Councilman Christensen read a letter from Rodney Langston,
18 Vernal Place, opposing the use of traffic radar by the Bakers-
field Police Department.
Councilman Christensen made a motion that the letter
from Rodney Langston be received and referred to the Governmental
Efficiency and Personnel Committee for review.
Police Chief Price answered questions of the Council
regarding use of traffic radar in other cities and explained the
Police Department's plans for use in the City of Bakersfield. He
also stated that they do not anticipate that this use of radar
will be a revenue producing item but would be for the purpose of
reducing traffic accidents and gaining compliance with the speeds
posted.
Bakersfield, California, April 4, 1977 - Page 3
3
Councilman Rogers stated the Governmental Efficiency and
Personnel Committee can receive Mr. Langston's letter but he does
not see how it can be answered until Chie£ Price decides how the
radar is going to be used.
Councilman Medders asked if Councilman Christensen's
motion pertained to what the Chief of Police plans to do with the
radar.
Mayor Hart stated that the motion was to refer Mr.
Langston's letter to the Governmental Efficiency and Personnel
Committee.
Councilman Christensen's motion that the letter from
Rodney Langston be received and referred to the Governmental
Efficiency and Personnel Committee for review was approved.
Council Statements.
Upon a motion by Councilman Rogers, Mayor Hart's appoint-
ment of Mr. John S. Mooneyham, 4801 Belle Terrace, to the Bakers-
field Redevelopment Agency,
approved. This vacancy was
Stewart.
term expiring February l, 1979, was
created by the resignation of James L.
Reports.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 2-77 regarding Recreation
Budget for 1977-78 Fiscal Year and Changes in Recreation Fees,
as follows:
RECREATION BUDGET
The City Council's Auditorium-Recreation Com-
mittee met to review the proposed Recreation
Budget for the 1977-78 fiscal year. A copy of
the proposed budget is attached. The budget
is submitted annually prior to the regular
budget hearings in order that recruitment of
personnel for the summer programs can begin
immediately.
The recreation program budget is divided into
four sub-programs, i.e., major activity areas,
which are aquatics, sports, parks and play-
grounds, and the California Avenue Park
Neighborhood Facility. The proposed budget
4
Bakersfield, California, April 4, 1977 - Page 4
totals $460,640 which reflects an increase of
$8,725, or 2% above the approved budget for
1976-77.
The following is a summary of the major changes
in the proposed budget of each sub-program
compared with that adopted for 1976-77:
AQUATICS
The aquatics budget which totals $101,365 is
up $2,705. There are no proposed changes in
this program from last year. The increase is
due to salary step increases and increased
cost of supplies. Also, an additional racing
lane marker is being requested to complete the
set. -
SPORTS
The sports budget which totals $97,160 is up
$16,755. This increase is primarily due to
the inclusion of $13,295 to allow for the
expansion of the adult summer softball program.
The program presently consists of one hundred
twenty-three (123) teams in three leagues --
fast pitch, slow pitch and ladies. However,
after the sign-up period for this year, there
are an additional 72 teams on a waiting list.
Due to this tremendous interest, this Committee
feels this program should be expanded to permit
these other teams to participate. The team
registration fees from these additional teams
will offset a large part of this increased cost.
PARKS AND PLAYGROUNDS
The parks and playgrounds budget which totals
$104,310 is down $22,115. This decrease
results from the elimination of the remaining
two teen center programs. This program is
being eliminated due to a lack of participation.
CALIFORNIA AVENUE PARK NEIGHBORHOOD FACILITY
The California Avenue Park Neighborhood Facility
budget which totals $157,805 is up $11,380.
This increase results from the higher cost of
utilities of $4,300, increased allocation of
maintenance costs of $2,050 and higher capital
outlay requests of $4,390. The capital out-
lay request of $2,860 for weight station
equipment is being included pending further
study and recommendation by the staff. This
Committee is concerned about the potential
liability to the City in case of injury and
proper supervision of the program.
CHANGES IN RECREATION FEES
In keeping with the Council's policy regarding
recreation fees recovering fifty percent of
program costs, the staff has informed this
Committee that the current fees for adult
Bakersfield, California, April 4, 1977 - Page 5
softball, adult basketball and adult-youth
tennis are not meeting this funding level.
It is our feeling that these fees be adjusted
as follows:
FROM TO
Adult softball $125.00 $150.00
Adult basketball
90.00 115.00
Tennis
Adult 5.00 8.00
Youth 2.00 5.00
IlL Conclusion, this Committee recommends that
the City CounCil approve the proposed Recreation
Budget for the 1977-79 fiscal year and the
changes in recreation £ees.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 2-77 regarding Recreation Budget
for 1977-78 Fiscal Year and Changes in Recreation Fees, was
accepted; Recreation Budget for Fiscal Year 1977-78, was approved;
and changes in Recreation Fees, were approved.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 3-77 regarding 1976 Park
Bond Act, as follows:
In November, 1976, the electorate of the State
of California passed Proposition 2 which
authorized the State to issue 280 million
dollars of bonds to provide funds for the
acquisition, development or restoration o~
state and local parks, beaches, historical
resources and recreational facilities. The
Act provides that 85 million dollars will be
distributed to counties and then, cities and
districts within each county based on a per
capita allocation. Kern County's share will
be $1,328,045.
However, at least 50% of the cities and districts
representing 50% of the population of the
cities and districts within each county must
approve a county priority plan for expenditure.
The county priority plan must then be approved
by the State. The County of Kern has met with
representatives of the cities and districts
and has submitted the attached proposal for
approval by the applicable governing bodies.
The City of Bakersfield's share under this
plan will be $281,200.
It is the recommended by this Committee that
this proposal be accepted and the attached
6
Bakersfield, California, April 4, 1977 - Page 6
resolution be approved and forwarded to the
Kern County Board of Supervisors.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 3-77 regarding 1976 Park Bond Act,
was accepted.
Adoption of Resolution No. 28-77 of
the Council of the City of Bakers-
field approving the Priority Plan
for expenditure for Kern County
under the Nejedly-Hart State, Urban,
and Costal Park Bond Act of 1976.
Upon a motion by Councilman Christensen, Resolution No.
28-77 of the Council of the City of Bakersfield approving the
Priority Plan for expenditure for Kern County under the Nejedly-
Hart State, Urban, and Costal Park Bond Act of 1976, was adopted
by the following roll call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong,
Barton, Christensen
Noes: None
Absent: None
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 2-77 regarding Requests from
Sani-Tainer, Inc., regarding Downtown Refuse Collection Contract,
as follows:
On August l, 1972, the City awarded the contract
for refuse collection in the downtown commercial
area to Consolidated Waste Disposal, Inc., for
a period of five years and, if mutually agreed
to, up to an additional five years. In May,
1976, the Council approved the transfer of this
contract to Sani-Tainer.
In January, 1977, the Council referred to this
Committee a letter from Sani-Tainer, Inc.,
which requested the following:
1. Increasing their compensation under the
provisions of the contract.
2. Extending the term of the contract.
3. Expanding the service area.
On February 7, 1977, the Council, on recom-
mendation of this Committee, authorized a rate
increase. The report also indicated that
Bakersfield, California, April 4, 1977 - Page 7
7
alternatives to extending the term of the
contract and service area were being considered.
Alternatives were evaluated based on perfor-
mance of the contractor, economics to the City
and maintaining the present balance of collection
between the City and local contractors.
Between May, 1976, when the contract was trans-
ferred to Sani-Tainer, and March 30, 1977, the
City received seventeen complaints of damage
to property and thirteen complaints of poor
service. In addition, there are a number of
other complaints that are currently being
investigated by the Sanitation Division.
During the same period of time, the City
received less than five complaints relating
to commercial collections for all the other
outside contractors. There has been some
improvement noted recently, however, the
performance still cannot be considered satis-
factory.
The staff has indicated that by allowing the
local contractors to absorb one residential
route now being served by the City, the City
could assume the collection in the central
business area and effect an annual savings
to the City of $38,200 (see Attachment A).
This changeover would result in no increase
in City personnel. There would be a one time
cost of $10,000 for the conversion of thirty
bins in the downtown area. This conversion
would have to be accomplished prior to the
City assuming collection. The Sanitation
Superintendent indicates there are sufficient
budget savings in this year's budget to
accomplish this.
This Committee has carefully considered this
matter and recommends the following:
1. The contract with Sani-Tainer, Inc., which
expires on July 31, 1977, not be renewed.
The City assume the refuse collection in
the area served by Sani-Tainer and allow
the local Association to absorb one
residential route now being served by the
City.
Authorize the Sanitation Division to utilize
$10,000 of budget savings to convert thirty
bins.
Councilman Medders made a motion that Budget Review and
Finance Committee Report No. 2-77 regarding Requests from Sani-
Tainer, Inc., regarding Downtown Refuse Collection Contract, be
accepted; contract with Sani-Tainer, Inc., which expires on July
31, 1977, not be renewed; that the City assume refuse collection
Bakersfield, California, April 4, 1977 - Page 8
in the area served by Sani-Tainer and allow the local Association
to absorb one residential route now being served by the City; and
the Sanitation Division be authorized to utilize $10,000 of budget
savings to convert thirty bins.
Mr. Herb Lathan, representing Sani-Tainer, Inc., ex-
plained what it cost them to convert bins and outlined some of
the difficulties they have had in Bakersfield.
Councilman Rogers stated that he is in favor of the
City limiting the expansion of their business operations,
especially when in competition with private contractors.
Councilman Medders stated that the wording in recom-
mendation No. 3 of the report should be changed to read:
3. Authorize the Sanitation Division to
utilize $10,000 of budget savings to
replace or convert thirty bins.
After a lengthy discussion Councilman Rogers offered a
substitute motion that action on Report No. 2-77 from the Budget
Review and Finance Committee regarding Requests from Sani-Tainer,
Inc., regarding Downtown Refuse Collection Contract, be held over
for one week in order to clarify some o£ the questions brought
up tonight. This motion failed to carry by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Rogers, Strong
Councilmen Medders, Ratty, Sceales, Barton, Christensen
None
Councilman Medders' motion that Budget Review and
Finance Committee Report No. 2-77 regarding Requests from Sani-
Tainer, Inc., regarding Downtown Refuse Collection Contract, be
accepted; contract with Sani-Tainer, Inc., which expires on July
31, 1977, not be renewed; that the City assume refuse collection
in the area served by Sani-Tainer and allow the local Association
to absorb one residential route now being served by the City; and
the Sanitation Division be authorized to utilize $10,000 of budget
Bakersfield, California, April 4, 1977 - Page 9
9
savings to convert or replace thirty bins, was approved. Councilman
Rogers voted in the negative on this motion.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 6-77 regarding Air Quality
Maintenance Planning, as follows:
Over the last several years, two actions have
been taking place concurrently which have
finally come together. In the first action,
the County of Kern, through its Air Pollution
Control District, has been under order by the
California Air Resources Board to develop an
Air Quality Maintenance Plan because the Air
Resources Board has determined that pollution
levels in Kern County exceed minimum standards.
In the second action, the City of Bakersfield,
as a condition of their Clean Water Grant for
the expansion of Sewer Treatment Plant No. 2,
was required by the State to commit two man-
years to air quality maintenance planning. On
June 7, 1976, the Council adopted the Water
and City Growth Committee Report No. 7-76,
making that two man-year commitment. The City
Council did not at that time, however, deter-
mine the method in which that commitment was
to be accomplished.
In order for Kern County to begin to comply
with the Air Resources Board requirements,
they undertook to develop a comprehensive
work plan which would ultimately lead to an
air quality maintenance planning effort. In
order to accomplish that work plan, Kern
County Council of Governments became the lead
agency and, through a detailed and competitive
selection effort, retained the consulting
firm of Grunwald, Crawford and Associates to
develop and, subsequently, carry out that work
program. Final enforcement of the plan will
be the responsibility of the County Air
Pollution Control District.
During this time, the City of Bakersfield has
been a member of the Technical Advisory Com-
mittee to the Air Resources Board and Kern
COG, and has been a participant in the planning
and is contributing approximately 20 percent
of the total effort.
The California Air Resources Board has also
been involved in this planning effort, and
they have indicated that our participation
in the current air quality maintenance planning
program would constitute fulfillment of our
commitment under the grant.
In the meantime, the City staff has been looking
at various alternatives under which it could
comply with the two man-year commitment. It
reviewed three alternatives:
10
Bakersfield, California, April 4, 1977 - Page 10
To hire an additional city employee in the
Planning Department at the Associate
Planner level for two years;
2. To hire, under contract, a person at the
Associate Planner level; and
3. To have a consultant fulfill the 2-year
commitment.
The Committee has determined that the 2-year
commitment would cost approximately $50,000.
This was determined by taking the Associate
Planner position, plus fringe benefits, for a
2-year period. Because a planning effort of
this type takes a very specialized technical
knowledge, this Committee feels that it would
not be possible to easily obtain the necessary
qualified person; therefore, it would appear
that the consultant is the best alternative.
Once the degree of participation of the City
had been determined in the work program, the
staff asked Grunwald, Crawford and Associates
to determine how much of that work could be
accomplished by them and what tasks could be
accomplished by existing city staff. As a
result of this, Grunwald, Crawford and Associates
has presented, for approval, an agreement under
which they would undertake apprximately 65
percent of the City's obligation. The remaining
35 percent would be accomplished by existing
city staff and could be blended into their
present duties without significantly over-
loading them. The City's cost is $30,000 which
will be paid for out of the City's portion of
the total sewer construction costs.
It is, therefore, the recommendation of this
Committee that the following actions be taken:
1. That the report be approved and placed on
file; and
That the agreement with Grunwald, Crawford
and Associates be approved and the Mayor
be authorized to execute.
After discussion, upon a motion by Councilman Strong,
Governmental Efficiency and Personnel Committee Report No. 6-77
regarding Air Quality Maintenance Planning, was accepted; and
agreement with Grunwald, Crawford and Associates, was approved
and the Mayor was authorized to execute same.
Councilman Sceales, member of the Governmental Efficiency
and Personnel Committee, read Report No. 7-77 regarding Public
Works Reorganization and Deputy City Attorney Reclassification
as follows:
Bakersfield, California, April 4, 1977 - Page 11
The Governmental Efficiency and Personnel
Committee has held several meetings with the
staff regarding reorganization of the City's
Public Works Department. This reorganization
is requested at this time, in that the Deputy
Public Works Director classification is vacant
and recommended to be eliminated, and also
because of the increased work load in the
Engineering Section. Attached to this report
is information submitted to the GEP Committee
by the staff which clearly points out the need
for this reorganization. As you will note,
the tract and parcel map processing and the
number of annexations processed by the
Engineering Section have more than doubled in
the last year and one-half in comparison to
past years. The size of the City in square
miles has increased nearly 20% in the past
five years and could double during this next
year. Engineering Services has reached the
point where they have nearly $1,500,000 in
projects backlogged.
The Council can take pride in the fact that
they have held the line over the years in the
total number of City employees in comparison
to other governmental agencies. However, due
to annexations and building growth within the
City which, by the way, presently represents
62% of all the building taking place in Kern
County, we must recognize the fact that the
departments cannot operate with the same
number of personnel indefinitely. For example,
the Engineering Section has not had an increase
in personnel in the last fifteen years.
In order to keep up with the persent work
load the GEP Committee is recommending Council
approval of the following:
1. Eliminate the Deputy Public Works Director
classification.
Create the classification of Assistant
Public Works Director at a salary range
of $1,920 to $2,334 per month and authorize
two positions, one to oversee the Engineering
and Waste Water Sections, the other to
oversee Field Services at the City's new
Corporation Yard.
3. Authorize one additional Engineering
Technician I for the Traffic Section.
Upgrade the salary range of the Traffic
Engineer from $1,499 to $1,827 per month
to $1,738 to $2,118 per month and place
this classification in the Management
Unit.
5. Authorize one additional position of
Engineer III for the Design Section.
6. Reclassify the Account Clerk II position
at the Corporation Yard to Personnel Clerk.
Bakersfield, California, April 4, 1977 - Page 12
The total annual cost for these transactions
will be $72,125, however, due to the length
of time required to fill these vacancies and
the amount of monies saved in not filling the
present Deputy Director position, we are not
requesting a budget transfer for the remainder
of this fiscal year. Monies will be requested
in the 1977-78 budget.
In order to effectuate these changes we are
recommending Council approval of this report
and the attached job specifications and
salary resolutions.
In addition we are recommending approval of
the reclassification o£ the present Deputy
City Attorney I to Deputy City Attorney II.
The City Attorney has assured us that this
increase is justified at this time based on
the work assignments performed by this
individual.
Upon a motion by Councilman Sceales, Governmental
Efficiency and Personnel Committee Report No. 7-77 regarding Public
Works Reorganization and Deputy City Attorney Reclassification, was
accepted; and recommendations as delineated in the report, were
approved.
Adoption of Resolution No. 29-77 of
the Council of the City of Bakers-
field amending Resolution No. 46-76,
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Sceales, Resolution No.
29-77 of the Council of the City of Bakersfield amending Resolutio~
No. 46-76, setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Medders, Ratty, Rogers, Sceales, Strong,
Barton, Christensen
Noes: None
Absent: None
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3740 to 3797,
inclusive, in the amount of $564,980.47.
Bakersfield, California, April 4, 1977 - Page 13
13
(b)
Claim for Damages from Town & Country
Realty, 1330 Brundage Lane. (Refer to
City Attorney)
(c)
Map of Tract No. 3842 and Improvement
Agreement for construction of improve-
ments therein located at northwest
corner of Stockdale Highway and Ashe
Road.
(d) Improvement Agreement for Parcel Map No.
4026 as required by the Planning Commission.
(e)
Request from J. Edgar Dunn Realty, 2324
Brundage Lane, for annexation of property
lying east of Union Avenue between White
Lane and Pacheco Road and containing
approximately 68 acres of land. (Refer
to Planning Commission for study and
recommendation)
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d) and (e) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes:
Councilmen Medders, Ratty, Rogers, Sceales, Strong,
Barton, Christensen
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Strong, Annual Contract for
Automotive Batteries with Fleet Parts & Instruments, was terminated
because batteries offered by this company did not meet bid speci-
fications; and Annual Contract for Automotive Batteries was
awarded to the next lowest bidder A-1 Battery and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of W. M.
Lyles Company for construction of Sanitary Sewer Main in portions
of Belle Terrace, Westwind and 21st Street, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Deferred Business.
Deferral of action on Charter Review
Commission.
At the Council Meeting of March 28, 1977, Councilman
Barton proposed that the Council appoint a Charter Review Commission
Bakersfield, California, April 4, 1977 - Page
to be comprised of 15 members (each Councilman appoint two members
and the Mayor appoint one member) in order to have a wide repre-
sentation of the citizens of Bakersfield. In the recommendation
Councilman Barton requested that the Commission be appointed and
active by June l, 1977 so that there will be sufficient time to
make recommendations to the Council for presentation to the voters
at the primary election in June, 1978.
After discussion, upon a motion by Councilman Rogers,
action on Charter Review Commission was deferred for one additional
week for a report from the staff regarding some of the ramifications
involved in appointing a commission of this type. Councilman
Barton voted in the negative on this motion.
New Business.
Adoption of Resolution No. 30-77 of
the Council of the City of Bakers-
field authorizing Assignment of
Lease of Beach Park Property.
The Lease Agreement between the City and Burke, Kuttler
and Beguelin for the racquetball complex requires a City resolutio~
for any assignment. This assignment is made for the purpose of
establishing a limited partnership consisting of the same three
original signators to the lease.
Upon a motion by Councilman Rogers, Resolution No. 30-77
of the Council of the City of Bakersfield authorizing Assignment
of Lease of Beach Park Property, was adopted by the following roll
call vote:
Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong,
Barton, Christensen
Noes: None
Absent: None
Approval of Lease between the City
of Bakersfield and Burke, Kuttler
and Beguelin for Beach Park Property.
Upon a motion by Councilman Rogers, Lease between the
City of Bakersield and Burke, Kuttler and Beguelin for Beach Park
Property, was approved and the Mayor was authorized to execute same.
Bakersfield, California, April 4, 1977 - Page 15
Approval of Contract with Book
Publishing Company for Annual
Supplementation of the Municipal
Code.
Upon a motion by Councilman Rogers, Contract with Book
Publishing Company for annual supplementation of the Municipal
Code at $17.00 per page, was approved and the Mayor was authorized
to execute same.
Approval of Agreement between the
City of Bakersfield and Mr. & Mrs.
Leroy Paslay, 2821 Parkway, for
operation of Concession Stand at
Beach Park.
Upon a motion by Councilman Rogers, Agreement between
the City of Bakersfield and Mr. & Mrs. Leroy Paslay, 2821 Parkway,
for operation of Concession Stand at Beach Park, was approved and
the Mayor was authorized to execute same.
Approval of Minute Order setting
April 25, 1977 as the date for
hearing an Appeal by L. C. Webb,
Jr. to decision of the Board of
Zoning Adjustment.
Upon a motion by Councilman Rogers, Minute Order setting
April 25, 1977 as the date for hearing an Appeal by L. C. Webb,
Jr. to decision of the Board of Zoning Adjustment, was approved.
Councilman Rogers made a motion that the staf£ be
instructed to prepare a report regarding ramifications of changing
the Council Meeting date from every Monday night to the 2nd and
4th Tuesday of each month.
Councilman Strong requested that Councilman Rogers
include a provision in his motion whereby the staff would evaluate
the average amount of time each Council Meeting takes.
Councilman Sceales requested that the report include a
provision that if there is ever any urgent business that the
Council can hold a Special Meeting upon twenty-four hours notice.
Councilman Barton requested that the staff include in
the report meeting dates of School Boards, Commissions, Committees,
etc.
16
Bakersfield, California, April 4, 1977 - Page 16
Councilman Strong also suggested that the staff include
the feasibility of meeting once a month.
Councilman Rogers' motion that the staff be instructed
to prepare a report to be returned to the Council regarding
ramifications of changing the Council Meeting date from every
Monday night to the 2nd and 4th Tuesday of each month or twice
each month and incorporate in that report the suggestions of the
other Councilmen. This motion was unanimously approved.
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.
MAY~~l~o~ield, Calif.
ATTEST:
CITY C~t~K and Ex-Off/~cio Clerk of the Council
of the~City of Bakeryield, California
ma
Bakersfield, California, April 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., April 11, 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 o£ the regular meeting of April 4,
approved as presented.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque
Ragsdale, who completed 21 years of service with
Bakersfield, effective March 17, 1977.
Scheduled Public Statements.
Mr. Joe McCann,
blocks of Redlands Drive,
children in this area and
1977 were
to Mr. John L.
the City of
representing residents in the 3200-3300
stated that because of the danger to
the number of accidents due to speeding
and reckless driving they would ~ike to request that the City
install a 4-Way Stop Sign at the intersection of Redlands Drive
and Auburn Street.
Mr. Tom Edwards, 3325 Redlands Drive, requested that
something be done to slow the traffic on this street.
Mrs. Andrea Christensen, residing on the corner of
Redlands Drive and Auburn Street, stated that she is concerned for
the safety of her children.
Mrs. Marjorie Holt, 3201 Redlands Drive, stated that
their property has been damaged several times and she is also
concerned about the safety of the children living on this street.
Upon a motion by Councilman Rogers, traffic problem on
Redlands Drive between Auburn and Pasadena Streets, was referred
Bakersfield, California, April 11, 1977 - Page 2
to the Traffic Authority and Police Department for a thorough study
and report back to the Council as rapidly as possible.
Correspondence.
Upon a motion by Councilman Sceales, communication from
Dr. Claude W. Richardson, County Superintendent of Schools, dated
April ll, 1977, thanking the Mayor and Council for providing for
the installation of a traffic signal at the intersection of New
Stine Road and Sundale Avenue, was received and ordered placed on
file.
Council Statements.
Adoption of Resolution No. 31-77 of
the Council of the City of Bakers-
field declaring the week of April
25-29, 1977, as "California's
Forgotten Victims Week."
Upon a motion by Councilman Ratty, Resolution No. 31-77
of the Council of the City of Bakersfield declaring the week of
April 25-29, 1977, as "California's Forgotten Victims Week," was
adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Councilman Ratty commented on a letter from Jose Gonzales
that appeared in the Bakersfield Californian on Wednesday, April
2nd, regarding the Garces Statue. Councilman Ratty stated that
the Council did not vote to move the statue and did not comment
that it does not look good at its present site.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3798 to 3887,
inclusive, in the amount of $103,090.83.
(b) Storm Drain Easement from Title Insurance
and Trust Company providing access for
future storm drain to be constructed from
Auburn Street to existing drainage facili-
ties within Freeway 178 as required for
Parcel Map No. 3697.
Bakersfield, California, April 11, 1977 - Page 3
19
(c)
Alley Easement from Laura G. Churchman
and Michael A. MacDuff located at east
end of Parkwood Court and west of the
Stine Canal.
(d)
Street Right-of-Way Deed from Ming
Investments located at southeast corner
of Ming Avenue and Akers Road.
(e)
Improvement Agreement for Parcel Map No.
3624 for improvements required by the
Planning Commission.
(f)
Notice of Completion and Acceptance of
Work on pavement improvements on portions
of Planz Road, Ashe Road and Stine Road -
Contract No. 77-16 with Griffith Company.
Plans and Specifications for construction
of Traffic Signal Systems at Chester Ave.
and Truxtun Avenue, 34th and "Q" Streets,
Sundale Avenue and New Stine Road, and
Truxtun Avenue and "H" Street, and Street
Improvements at Chester Avenue and Truxtun
Avenue and Sundale Avenue and New Stine
Road.
(h)
Request from Moreland Engineering, Inc.
for amendment to the General Plan for
property located within Tract No. 3915.
(Refer to Planning Commission for study
and recommendation)
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, bid of Three Way
Chevrolet for 7,200 Lbs. G.V.W. Pickup Truck and 7,400 Lbs. G.V.W.
Van, was accepted.
Deferred Business.
Deferral of action on Charter Review
Commission.
At the Council Meeting of April 4, 1977 action on a
Charter Review Commission was deferred for one week for a report
from the staff.
Bakersfield, California, April ll, 1977 - Page 4
After discussion, upon a motion by Councilman Rogers,
action on a Charter Review Commission was deferred until the staff
has completed a comprehensive report, by the following roll call
vote:
Ayes
Noes
Absent:
Councilmen Ratty, Rogers, Sceales,
Christensen, Medders
None
None
Strong, Barton,
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 16.12.050, 16.24.112,
16.24.116, 16.24.132, 16.36.112 and
Chapter 16.40 of Title 16 of the
Municipal Code concerning Subdivision
Regulations to supplement and imple-
ment the Subdivision Map Act.
This proposed ordinance was recommended by the Planning
Commission and would require the filing of Preliminary Soil Report
and Grading Plan for subdivisions and an Engineer's recommendation
to prevent structural damage where problems exist. Final Maps and
Parcel Maps could be approved subject to the condition that no
Building Permit could be issued until a Final Soil Report
certifying corrective action has been completed and until grading
work, including installation of drainage facilities and erosion-
control measures are completed in accordance with grading plan.
The ordinance also corrects errors in and conforms the Subdivision
Ordinance with recent changes in the Map Act.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 16.12.050,
16.24.112, 16.24.116, 16.24.132, 16.36.112 and Chapter 16.40 of
Title 16 of the Municipal Code concerning Subdivision Regulations
to supplement and implement the Subdivision Map Act.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 17.47 to Title 17 of
the Municipal Code providing regula-
tions for Planned Commercial Develop-
ments.
Bakersfield, California, April 11, 1977 - Page 5
Ayes:
Noes:
Absent:
This proposed ordinance was recommended by the Planning
Commission and creates a Planned Commercial Development (PCD) Zone,
very similar to the present Planned Residential Development Zone.
It will permit diversification in the relationship of various
professional and commercial uses so that the scheme of the entire
development will be known in detail in advance of building.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 17.47 to Title
17 of the Municipal Code providing regulations for Planned Commercial
Developments.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.04.500 of the
Municipal Code concerning Alley
Parking.
This proposed ordinance would permit business vehicles
as well as DMV-registered commercial vehicles to park in alleys
for one hour when deliveries are being made.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 11.04.500 of
the Municipal Code concerning Alley Parking.
Adoption of Resolution No. 32-77 of
the Council of the City of Bakers-
field requesting the California
Highway Commission to widen the Planz
Overcrossing at 99 Freeway.
Upon a motion by Councilman Sceales, Resolution No. 32-77
of the Council of the City of Bakersfield requesting the California
Highway Commission to widen the Planz Overcrossing at 99 Freeway,
was adopted by the following roll call vote:
Councilmen Ratty, Rogers, Sceales, Strong, Barton,
Christensen, Medders
None
None
Approval of Cooperative Agreement
between the City and C~unty of Kern
for construction of drainage facilities
along Oswell Street near College Avenue.
Bakersfield, California, April ll, 1977 - Page 6
Upon a motion by Councilman Rogers, Cooperative Agree-
ment between the City and County of Kern for construction of
drainage project along Oswell Street near College Avenue, was
approved and the Mayor was authorized to execute same.
Rearings.
This is the time set for public hearing on Resolution
of Intention No. 918 of the Council of the City of Bakersfield
declaring its intention to order the vacation of a portion of
East 19th Street between Gage Street and Beale Avenue, in the
City of Bakersfield.
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Strong, hearing on
of Intention No. 918 regarding the vacation of a portion
19th Street between Gage Street and Beale Avenue, was continued
until April 25, 1977 due to the interest shown on the project and
opposition of one resident, with the idea that those persons would
have the opportunity to be heard, by the following roll call vote:
Ayes Councilmen Ratty, Rogers, Sceales,Strong, Barton,
Christensen, Medders
Noes None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 8:50 P.M.
MAY City of Bakersfield, Calif.
ATTEST:. ~d
CIT'Y~L~RK E icio Clerk of the Council
of t~e City of ~akersfield, California
Resolutio~
of East
ma
Bakersfield, California, April 18, 1977
23
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., April 18, 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 Rogers, Sceales, Strong,
Barton,
Christensen, Medders, Ratty
Absent: None
Minutes of the regular meeting of April
approved as presented.
Scheduled Public Statements.
Mr. Warren Nettleton, 5904 Carissa Avenue,
ll, 1977 were
stated that
he owns apartments and since beginning service with Bakersfield
Cable TV there has been four years of incorrect bills, mistakes,
failures to credit payments, irregular billings, lost checks and
disconnect notices despite their continual attempts to reconcile
the account and make correct payments. Mr. Nettleton requested
that the Council help to resolve this situation.
Councilman Christensen made a motion that the staff
request Bakersfield Cable TV to resolve Mr. Nettleton's problem
and make a report to the Council on what was done to correct it.
This motion was unanimously approved.
Correspondence.
Upon a motion by Councilman Rogers, communication from
the State Department of Transportation, dated April 7, 1977, in-
forming the City that the relinquishment of superseded State Highway
Route 58 (Sumner Street) was recorded, was received and ordered
placed on file.
Upon a motion by Councilman Rogers, communication from
the State Department of Transportation, dated April 12, 1977,
regarding Notice of Intention to relinquish various frontage roads
Bakersfield, California, April 18, 1977 - Page 2
in connection with Freeway 58 south of Brundage Lane, was received
and referred to the staff.
Upon a motion by Councilman Rogers, communication from
the State Department of Transportation, dated April 13, 1977, re-
garding construction of ramps on Route 178 at Mt. Vernon Avenue,
was received and ordered placed on file.
Upon a motion by Councilman Medders, communication from
Mrs. Sofiea B. Clerico, 4409 Hillsborough Drive, requesting a
variance in the Home Occupation Ordinance, Section 17.08.280, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Christensen, communication
from Mrs. Eve Derby Stockton, President of the Kern Audubon Society,
dated March 31, 1977, requesting that the land along the Kern River'
west of Bakersfield, north of Panama Lane and east of Enos Lane,
totaling approximately 2760 acres, be designated as an educational
study area and wildlife preserve, was received, ordered placed on
file and referred to the Water and City Growth Committee.
Council Statements.
Upon a motion by Councilman Christensen, communication
from Sierra Club, Kern-Kaweah Chapter, requesting Council support
in the passage of SB 4 ("Bottle Bill"), was received and referred
to the Legislative Committee for study and recommendation back to
the Council at next week's meeting.
Reports.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 4-77 regarding Revision of
Use of State Park Funds, as follows:
In January, 1977, the Council authorized the
staff to apply for State Park Funds under the
Urban Open-Space and Recreation Program for
certain improvements at Lowell and Beach Parks.
However, the City has recently been informed
by representatives of the State Department of
Parks and Recreation that Beach Park will not
Bakersfield, California, April 18, 1977 - Page 3
qualify for grant funds under this program as
it cannot be considered a neighborhood park.
The Parks Superintendent has suggested improve-
ments at Beale, Jefferson and California Avenue
Parks (see Attachment I) be substituted in the
grant application for those at Beach Park.
This Committee concurs with these and recommends
the Council authorize the staff to revise the
application to provide for these changes and
approve the attached resolution.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 4-77 regarding Revision of Use of
State Park Funds, was accepted.
Adoption of Resolution No. 33-77 of
the Council of the City of Bakers-
field approving the Block Grant
Application for Grant Funds under
Urban Open-Space and Recreation
Program for improvements at Lowell,
Beale, Jefferson and California
Avenue Parks.
Upon a motion by Councilman Christensen, Resolution No.
33-77 of the Council of the City of Bakersfield approving the
Block Grant Application for Grant Funds under the Urban Open-Space
and Recreation Program for improvements at Lowell, Beale, Jefferson
and California Avenue Parks, was adopted by the following roll
call vote:
Ayes:
Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3888 to 3965,
inclusive, in the amount of $177,888.42.
(b)
Claim for Damages from Catherine Dounies,
240 South Real Road, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Damages from Donna Marie
Sequeido and Margaret Jestice, 1306 Niles
Street, Apt. K, Bakersfield. Refer to
City Attorney)
Bakersfield, California, April 18, 1977 - Page 4
(d)
Claim for Violation of Civil Rights from
Lewis Verne Wickliffe, 301-A Chester Ave.,
Bakersfield. (Refer to City Attorney)
(e)
Map of Tract No. 3846 and Improvement
Agreement for construction of improve-
ments therein, located at southwest
corner of Brewer Avenue and LaCosta St.
(f)
Map of Tract No. 3882 and Improvement
Agreement for construction of improve-
ments therein, located south of Ming
Avenue and east of Ashe Road.
(g)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Parcel Map No. 2912 - Contract No.
76-13 with J. L. Dandy Co.
(h)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Parcel Map No. 2913 - Contract No.
75-113 with Kern-Cal Corporation.
(i)
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Parcel Map No. 3162 - Contract No.
75-108 with Motel 6, Inc.,Expansion
Department.
(J)
Notice of Completion and Acceptance of
Work on street improvements under Tract
No. 3809 - Contract No. 76-141 with
Tenneco Realty Development Corporation.
(k) Application for Encroachment Permit from
Clorine Patterson, 1700 Clark Avenue.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar,
were adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Deferred Business.
Adoption of Ordinance No. 2331 New
Series of the Council of the City
of Bakersfield amending Sections
11.04.490 and 11.04.500 of the
Municipal Code concerning Loading
Zones and Alley Parking
Upon a motion by Councilman Ratty, Ordinance No. 2331
New Series of the Council of the City of Bakersfield amending
Bakersfield, California, April 18, 1977 - Page 5
Sections 11.04.490 and 11.04.500 of the Municipal Code concerning
Loading Zones and Alley Parking, was adopted by the following roll
call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Adoption of Ordinance No. 2332 New
Series of the Council of the City
of Bakersfield amending Sections
16.12.050, 16.24.112, 16.24.116,
16.24.132, 16.36.112 and Chapter
16.40 of Title 16 of the Municipal
Code concerning Subdivision Regula-
tions to supplement and implement
the Subdivision Map Act.
Upon
a motion by Councilman Strong, Ordinance No. 2332
New Series of the Council of the City of Bakersfield amending
Sections 16.12.050, 16.24.112, 16.24.116, 16.24.132, 16.36.112 and
Chapter 16.40 of Title 16 of the Municipal Code concerning Sub-
division Regulations to supplement and implement the Subdivision
Map Act, was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Adoption of Ordinance No. 2333 New
Series of the Council of the City
of Bakersfield adding Chapter 17.47
to Title 17 of the Municipal Code
providing regulations for Planned
Commercial Developments.
Upon a motion by Councilman Strong, Ordinance No. 2333
Absent: None
New Series of the Council of the City of Bakersfield adding Chapter
17.47 to Title 17 of the Municipal Code providing regulations for
Planned Commercial Developments, was adopted by the following roll
call vote:
Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Ayes
Noes None
Absent: None
Bakersfield, California, April 18, 1977 - Page 6
Approval of Community Development
Block Grant Application.
On February 28, 1977, the Council reviewed the proposed
plan for the $820,000 H.U.D. Community Development Block Grant
application and authorized the staff to proceed with the preparation
of a final application. This application represents the same plan
as previously reviewed.
Filing deadline is May 17, 1977, and Council action will
allow the required three week final environmental certification
process. This process will end May 13, 1977, three days before
the deadline.
After discussion, upon a motion by Councilman Ratty,
Community Development Block Grant Application, was approved and
the City Manager was authorized to submit application to H.U.D.,
by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Ratty
Noes: Councilmen Rogers, Sceales, Medders
Absent: None
New Business.
Approval of Assignment of two Power
Agreements with Pacific Gas and
Electric Company.
These agreements provide for payment to the City for
advances made by Tenneco for power lines to operate control
structures on the river canal and pioneer canal.
Upon a motion by Councilman Rogers, Assignment of two
Power Agreements with Pacific Gas and Electric Company, were
approved and the Mayor was authorized to execute same.
Approval of Annexation boundaries
designated as Wilson Road No. 3.
Upon a motion by Councilman Sceales, Annexation boundaries
designated as Wilson Road No. 3, containing approximately 3 acres
of uninhabited territory, were approved and referred to the City
Engineer and City Attorney for referral to LAFCO.
Bakersfield, California, April 18, 1977 - Page 7
29
Hearings
This is the time set for deferred public hearing on an
Appeal by Rick Montoya to the decision of the Board of Zoning
Adjustment denying Clarence H. Santy's application for a Zone
Modification to allow an existing six-foot fence approximately
twelve feet from curb, and seven feet from sidewalk and within
the ten foot sideyard setback in an R-1 (One Family Dwelling) Zone
on that certain property commonly known as 2901Estero Street.
This hearing has been duly advertised, the property posted
and the property owners have been notified as required by law.
This hearing was rescheduled from the Council Meeting of March 21,
1977 due to an illness in the Montoya family.
The Board of Zoning Adjustment was of the opinion this
requested modification would not be consistent with the purposes
and intent of the Zoning Ordinance and it is not necessary to
secure an appropriate improvement on this reverse corner lot.
Mayor Hart declared the hearing open for public partici-
pation.
Mr. Rick Montoya requested that the Council grant
modification to allow an existing 6 foot fence to remain as
the
the
mistake was made by the developer before he purchased the property.
Mr. Montoya also submitted a letter from his neighbor, Harold P.
Bopp, 4605 Hahn Avenue, stating the fence does not obstruct their
view and allows more privacy.
Mrs. Jean Webb stated that they have an appeal scheduled
for next week for the same situation and requested that the
modification be granted.
No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
After discussion, upon a motion by Councilman Sceales,
Zoning Resolution No. 253 granting modification of the Land Use
3O
Bakersfield, California, April 18, 1977 - Page 8
Zoning Ordinance of the City of Bakersfield to permit an existing
six-foot high grapestake fence to encroach into the required side
street yard setback to within two feet of the property line on
that certain property commonly known as 2901Estero Street, was
adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
This is the time set for public hearing on application
by Bonneville Corporation to amend the zoning boundaries from a
C-1 (Limited Commercial) Zone and an R-1 (One Family Dwelling)
Zone to a C-2 (Commercial), or more restrictive, Zone, affecting
those certain properties in the City of Bakersfield commonly known
as 2915 Brundage Lane and 12, 16 and 20 South Olive Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
These properties, containing approximately .73 acres
were a portion severed and isolated from the residential neighbor-
hood to the south when Route 58 Freeway was constructed. All land
in the vicinity between Route 58 Freeway and Brundage Lane is zoned
C-2. This proposed C-2 (Commercial) zoning would be consistent
with the Land Use Element of the General Plan.
An environmental assessment was made and a negative
declaration was posted on March 2, 1977. No one appeared at the
Planning Commission meeting objecting to the proposed zoning.
The Planning Commission recommended to the City Council
that the C-2 zoning be approved as requested and as advertised.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Sam Smith of Thompson Realty, representing the appli-
cant Bonneville Corporation, was present to answer questions of the
Council. No protests or objections being received, the public
Bakersfield, California, April 18, 1977 - Page 9
31
portion of the
action.
Upon
hearing was closed for Council deliberation and
a motion by Councilman Medders, Ordinance No. 2334
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 2915
Brundage Lane and 12, 16 and 20 South Olive Street and finding said
zoning consistent with the General Plan, was adopted by the following
roll call vote:
Ayes: Councilmen Rogers,
Medders,
Noes: None
Absent: None
Sceales, Strong, Barton, Christensen,
Ratty
Executive Session.
Upon a motion by Councilman Rogers, the Council recessed
to an Executive Session for consultation with Nicholas Counter,
the City's Labor Negotiator.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 9:50 P.M.
MAY he it ~y~
ATTEST:
~LER~K~ndEx~o
CIT a Clerk of the Council
of the City of Bakgrsfield, California
ma
Bakersfield, California, April 25, 1977
Present:
Absent:
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P. M., April 25, 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 Sceales, Strong, Barton,
Christensen, Medders, Ratty, Rogers
None
Minutes of the regular meeting of April 18, 1977 were
approved as presented.
Scheduled Public Statements.
Mr. Jack Collier, 2931 California Avenue, requested
information on the Police Department's ticketing policy because
he has been getting tickets on his car and there are several
vehicles in this area that have been sitting in the same spot for
months without being given a violation. Mr. Collier stated that
this has been going on since he had a conversation with a Police
Officer regarding several burglaries that took place at his place
of business.
Councilman Rogers made a motion that Mr. Collier's
complaint regarding the Police Department's ticketing policy and
his conversation with the Police Officer, be referred to the Police.
Chief for investigation and report back to the Council.
Councilman Medders stated that he has already requested
Police Chief Price to investigate this matter and report to the
Council.
Councilman Rogers withdrew his motion.
Mr. John Evans, representing residents on Hughes Lane,
presented a Petition to the Director of Public Works opposing the
proposed widening of Hughes Lane between Ming Avenue and Wilson
Road.
Bakersfield, California, April 25, 1977 - Page 2
33
Correspondence.
A communication was read into the record from Bakersfield
Cable TV, Inc., dated April 21, 1977, responding to a complaint
from Mr. Warren Nettleton regarding his account.
Mr. Warren Nettleton, 5904 Carissa Avenue, stated that
contrary to what the letter from Bakersfield Cable TV states that
their account has not been completely reconciled and suggested
that they maintain accounts for this area in Bakersfield rather
than at their main office.
Upon a motion by Councilman Rogers, communication from
Bakersfield Cable TV, Inc., dated April 21, 1977, requesting new
additional categories of rates and services, was received and
referred to the staff for a recommendation at which time the
Council will probably set a date for public hearing.
Mr. Howard Channell, General Manager of Bakersfield
Cable TV, Inc., explained, in response to Mr. Nettleton's problem,
that the accounts are processed through a computer and there is
always a lag time between the time the payment is received and
they receive a read-out.
Council Statements.
Upon a motion by Councilman Rogers, Mrs. Jill Haddad,
2501 Crest Drive, was reappointed to the Planning Commission, term
expiring April 17, 1981.
Reports.
City Manager Bergen read a report regarding Charter
Review Commission, as follows:
At the City Council meeting of April ll, the
City Council directed the staff to prepare a
report which would give the Council some infor-
mation on the kinds of changes that may be
covered by a Charter Review Commission.
Attached to this report is a complete list of
all of the Charter Committees that have been
formed since the Charter was initially adopted
in 1915. Also attached is a copy of the cover
sheet of the Charter indicating the dates on
34
Bakersfield, California, April 25, 1977 - Page 3
which it has been amended. I have also attached,
for the Council's reference, a detailed listing
of all of the Charter provisions which have
been put before the electorate over the last
twenty years, and indicated whether those pro-
positions have passed or failed.
The staff would recommend that any review of
the Charter be done in two steps. The first
step would be to review the Charter provisions
which have been superseded either by legislative
action of the State or by case law. Attached
to this report is a memorandum from the City
Attorney which details these kinds of changes.
After that review is completed, then the Com-
mission could review the remaining provisions
as they deem necessary without having to be
concerned that they may be dealing with pro-
visions which are no longer legal. This would,
the staff feels, aid the Commission in the
development of their review schedule.
The staff has not, at this point, made any
recommendations as to how the Commission should
be formed, the size of the Commission, or other
areas of this nature. We stand ready to help
the Council make this determination if they so
desire.
Councilman Barton made a motion that the Council estab-
lish a 15 member Charter Review Commission (2 appointed by each
Councilman and I appointed by the Mayor) and authorize the staff
to assist this Commission in their efforts.
Councilman Rogers offered a substitute motion that
first the staff submit a report making recommendations regarding
the elimination of archaic sections or sections that have been
superseded either by legislative action of the State or by case
law from the Charter, and then the Council establish a 9 member
Charter Review Commission (each Councilman appoint i member from
his Ward and the Mayor appoint 2 members at large).
After a lengthy discussion, Councilman Rogers' substitute
motion failed to carry by the following roll call vote:
Ayes: Councilmen Sceales, Medders, Rogers
Noes: Councilmen Strong, Barton, Christensen, Ratty
Absent: None
Councilman Barton stated that he would suggest that the
staff make the Charter Review Commission aware of the Charter
Bakersfield,
California,
April 25,
1977 - Page 4
35
sections that are no longer valid because they have been superseded
either by legislative action of the State or by case law.
After further discussion, Councilman Barton's motion
that the Council establish a 15 member Charter Review Commission
(2 appointed by each Councilman and i appointed by the Mayor) and
authorize the staff to assist this Commission in their efforts,
was approved by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Ratty
Noes: Councilmen Sceales, Medders, Rogers
Absent: None
City Attorney Hoagland stated that the people who serve
on this Charter Review Commission must be residents of the City.
Upon a motion by Councilman Barton, Report from the City
Manager regarding Charter Review Commission, was received and
ordered placed on file.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3966 to 4132,
inclusive, in the amount of $225,780.07.
(b)
Map of Tract No. 3870 and Improvement
Agreement for construction of improve-
ments therein - located north of Ming
Avenue and west of Ashe Road.
(c)
Map of Tract No. 3871 and Improvement
Agreement for construction of improve-
ments therein - located north of Ming
Avenue and west of Ashe Road.
(d)
Map of Tract No. 3872 and Improvement
Agreement for construction of improve-
ments therein - located north of Ming
Avenue and west of Manning Street.
(e)
Map of Tract No. 3873 and Improvement
Agreement for construction of improve-
ments therein - located north of Ming
Avenue and west of Manning Street.
(f)
Map of Tract No. 3874 and Improvement
Agreement for construction of improve-
ments therein located north of Ming
Avenue and west of Manning Street.
36
Bakersfield, California, April 25, 1977 - Page 5
(g)
Map of Tract No. 3875 and Improvement
Agreement for construction of improve-
ments therein - located north of Ming
Avenue and west of Manning Street.
(h)
Request from Galey's Marine Supply, Inc.,
Don Galey owner, 404 Bernard Street, for
annexation of property located on north
side of Bernard Street between Inyo and
Tulare Streets, containing one-half City
block. (Refer to Planning Commission
for study and recommendation)
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
New Business.
Adoption of Resolution of Intention
No. 919 of the Council of the City
of Bakersfield, declaring its
intention to order the vacation of
portions of 32nd, 33rd and "K" Streets,
in the City of Bakersfield.
Upon a motion by Councilman Ratty, Resolution of Intention
No. 919 of the Council of the City of Bakersfield, declaring its
intention to order the vacation of portions of 32rid, 33rd and "K"
Streets, in the City of Bakersfield and setting May 23, 1977 for
hearing on the matter before the Council, was adopted by the
following roll call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Adoption of Resolution of Intention
No. 34-77 of the Council of the
City of Bakersfield declaring its
intention to grant renewal of Spur
Track Permit in and along 15th
Street between "O" and "N" Streets
to the Atchison, Topeka and Santa
Fe Railway Company, pursuant to City
Charter proceedings for granting of
franchise.
Bakersfield, California, April 25, 1977 - Page 6
37
No. 34-77
intention
This resolution prepared pursuant to the City Charter,
expresses an intention of the City Council to grant a 21-year
revocable Spur Track Permit to Santa Fe to continue to maintain
its spur track in 15th Street between "O" and "N" Streets and
sets a hearing for May 23rd for opportunity of public to voice
any objections to the granting thereof. Santa Fe's 25-year
franchise expired on December 19, 1976.
Upon a motion by Councilman Ratty, Resolution of Intention
of the Council of the City of Bakersfield declaring its
to grant renewal of Spur Track Permit in and along 15th
Street between "0" and "N" Streets to the Atchison, Topeka and
Santa Fe Railway Company, pursuant to City Charter proceedings for
granting of franchise and
matter before the Council,
setting May 23,
was adopted by
vote:
Ayes: Councilmen Sceales, Strong,
Ratty, Rogers
Noes: None
Absent: None
Barton,
1977 for hearing on the
the following roll call
Christensen, Medders,
Denial of request of Louie Tessendori
for annexation to the City of two
vacant lots located on northwest
corner of Quincy Street and Miller
Street.
Subject request for annexation was received by the City
Council on February 23, 1976 and referred to the Planning Commission
on March 1, 1976.
The staff advised Mr. Tessendori to solicit endoresments
from the property owners (within this one-half block) to add their
properties to his request for annexation and he was not successful
in obtaining their approval.
The Planning Commission was of the opinion that there
would not be any particular economic or functional advantages to
the City annexing these small parcels. The Planning Commission
recommended against annexing this property to the City until the
owners of at least the one-half block request annexation.
Bakersfield, California, April 25, 1977 - Page 7
After discussion, upon a motion by Councilman Strong,
request of Louie Tessendori for annexation to the City of two
vacant lots, 25' x 150' in size, located on the northwest corner
of Quincy Street and Miller Street, was denied.
Councilman Christensen requested that the staff contact
the Kern County Assessor and determine how property assessments
are made on houses, buildings, etc., that are partially located
in the City and partially in the County.
Approval of Lease Agreement with
Haberfelde Ford.
This lease is for the property of Haberfelde's which
the City has purchased. It is for $1,000 per month per the
agreement at the time the City purchased the property. Haberfelde
intends to vacate the property around October of this year.
Upon a motion by Councilman Ratty, Lease Agreement with
Haberfelde Ford for property City purchased from them, was approved
and the Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield, Kern County
Water Agency and State Reclamation
Board providing for sharing of cost
of aerial photography and topography
mapping of Kern River between
Golden State Avenue and the mouth
of the Kern River Canyon.
The Reclamation Board is developing river profiles and
encroachment lines for a 100-year flood along this segment of the
river and the Public Works Department recommends that recent data
should be used in lieu of existing data in developing the maps.
The Reclamation Board agreed to pay one-half of the cost for new
data with the remainder to be shared between the City and the
Kern County Water Agency on the basis of the portions of the river
within the City or County. Total cost of the work is $30,500 and
the City's share is $5,500.
Upon a motion by Councilman Rogers, Agreement between the
City of Bakersfield, Kern County Water Agency and State Reclamation
Bakersfield, California, April 25, 1977 - Page 8
39
Board providing for sharing of cost of aerial photography and
topography mapping of Kern River between Golden State Avenue and
the mouth of the Kern River Canyon, was approved and the Mayor was
authorized to execute same.
Approval of acquisition of property
from Southern Pacific Land Company
as part of the Bakersfield Sub-
regional Sewage System.
This purchase is for 2,790 acres which is the major part
of the land to be acquired as a disposal site for treated effluent
from Wastewater Treatment Plant No. 2. The total cost is
$2,738,399.73, of which 87½% will be paid by Federal and State
grant funds and 12½% local funds. This local share will be paid
with Sewer Bond Funds and is a budgeted item.
Upon a motion by Councilman Rogers, acceptance of Deeds,
Leases and Escrow Instructions and authorization for funds to be
placed in Escrow for acquisition of property from Southern Pacific
Land Company as part of the Bakersfield Subregional Sewage System,
was approved.
Hearings.
This is the time set for public hearing on an appeal by
L. C. Webb to the decision of the Board of Zoning Adjustment
regarding his application for a Zone Modification for the purpose
of leaving an existing six-foot fence approximately fourteen feet
in from curb and within the ten foot sideyard setback in an R-1
(One Family Dwelling) Zone, on that certain property commonly
known as 4500 Santanna Avenue.
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.
Mr. L. C. Webb requested that the Council grant the
modification to allow an existing 6 foot fence to remain as the
40
Bakersfield, California, April 25, 1977 - Page 9
mistake was made by the developer before he purchased the property.
Mr. Lorry G. Patt, neighbor of Mr. Webbs, stated that
the fence does not obstruct their view and they would pre£er it
remain the way it was constructed.
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, Zoning Resolution
No. 254 granting modification of the Land Use Zoning Ordinance of
the City of Bakersfield to allow an existing 6-foot high grape-
stake fence to encroach into the required side street yard setback
to within 2 feet of the property line on that certain property
commonly known as 4500 Santanna Avenue, was adopted by the
following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
This is the time set for continued public hearing before
the Council on Resolution of Intention No. 915 of the Council of
the City of Bakersfield declaring its intention to order the
vacation of a portion of East 19th Street between Gage Street and
Beale Avenue, in the City of Bakersfield.
This hearing has been duly advertised and posted. This
hearing was continued from the Council Meeting of April ll, 1977.
Mr. Harlan McFarland, owner of McFarland Motors at 1201
East Truxtun Avenue, presented a petition from residents and
business owners in this
of East 19th Street.
Mr. A1 Russie,
area opposing the vacation of a portion
representing the Russie Trust, 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.
Bakersfield, California, April 25, 1977 - Page 10
Upon a motion by Councilman Strong, action on Resolution
of Intention No. 918 regarding the vacation of a portion of East
19th Street between Gage Street and Beale Avenue, was held over
and will be rescheduled for hearing
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong,
Ratty, Rogers
Council
in approximately 60 days, by
Barton, Christensen, Medders,
None
None
This is the time set for public hearing before the
for hearing protests by persons owning real property
within territory designated as "College 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-
No protests or objections being received, the public
hearing was closed for Council deliberation and
pation.
portion of the
action.
Upon
of the Council
a motion by Councilman Rogers, Resolution No. 35-77
of the City of Bakersfield declaring that a majority
protest has not been made to the annexation of "College No. 1,"
proposed to be annexed to the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Upon a motion by Councilman Rogers, Ordinance No. 2335
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "College
No. 1," and providing for the taxation of said territory to pay
Bakersfield, California, April 25, 1977 - Page
the bonded indebtedness of said City, was
roll call vote:
Ayes: Councilmen Sceales, Strong, Barton,
Ratty, Rogers
Noes: None
Absent: None
adopted by the following
Christensen, Medders,
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action by the
Planning Commission to Zone Upon Annexation to an R-1 (One Family
Dwelling) and an R-2-D (Limited Multiple Family Dwelling - Archi-
tectural Design), or more restrictive, Zones, affecting that
certain property in the County of Kern located generally south
and east of Bakersfield Country Club, known as "College No. 1"
Annexation.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This zoning upon annexation contains approximately 400
undeveloped acres, except for two water storage tank sites. Two
City approved tentative subdivision maps, containing 383 lots,
have been filed on the westerly portion.
One of the owners of subject property attended the
Planning Commission hearing on this matter and requested R-1
zoning for the property that was advertised R-2-D. Several property
owners in the unincorporated area adjacent to the annexation spoke
in opposition to the R-2 zoning.
An environmental assessment was made and a Negative
Declaration was posted on March 25, 1977.
The Planning Commission recommended R-1 (One Family
Dwelling) Zone for all property within the annexation and found
said zoning consistent with the Land Use Element of the General
Plan.
Bakersfield, California, April 25, 1977 - Page 12
43
pation.
Mayor Hart declared the hearing open for public partici-
Mr. Mike Sisson, 3209 Montello Street, stated he would
like to voice his opposition to the R-2 zoning and hoped that the
Council would uphold the recommendations of the Planning Commission
and zone all this property
Dr. Thomas Reese, major owner of southern portion of the
College No. 1 Annexation, requested that the R-2 zoning, as
originally requested, be granted.
Mr. Irvin Dalke, 3501Janene Way, requested that the
Council uphold the Planning Commission recommendation and grant
R-1 zoning for the entire area.
Mr. Carl Moreland, representing Dr. Reese, stated that
there was a misunderstanding at the Planning Commission hearing
and Dr. Reese would like his property zoned R-2 as originally
requested.
Mrs. Jill Haddad, Planning Commission Chairman, stated
that Mr. Karl Stahl requested that his property be changed from
R-2 to R-1 and the Planning Commission was under the impression
he owned the entire parcel requesting R-2 zoning and granted his
request.
Mr. Jeff Wattenbarger, partner in Wattenbarger & Stahl
Developers, stated that they feel R-1 zoning would be compatible
with the area they are planning to develop.
No further protests or objections being received Mayor
Hart closed the public portion of the hearing for Council deli-
beration and action.
After discussion, upon a motion by Councilman Strong,
Zoning of College No. 1Annexatio~ located generally south and
east of Bakersfield Country Club, was referred back to the
44
Bakersfield, Cali£ornia, April 25, 1977 - Page
Planning Commission for further study and recommendation,
following roll call vote:
Ayes: Councilmen Sceales, Strong,
Ratty, Rogers
Noes: None
Absent: None
Barton, Christensen,
by the
Medders,
Opposition to Senate Bill 12.
Councilman Medders stated that the League of California
Cities requested that prior to May 2, 1977 the Council go on
record in opposition to Senate Bill 12.
Councilman Christensen stated that he could not support
a vote on this matter until more information was available.
Upon a motion by Councilman Strong, the Council went on
record in opposition to SB-12; the staff was requested to notify
the League of California Cities of this action and obtain infor-
mation on the bill; and if the material developed by the staff
proves the Council to be in error then a Special Council Meeting
will be called to correct this action. Councilman Christensen
abstained from voting on this matter.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:15 P.M.
MAi~'~'h~field,
Calif.
ATTEST:
CI ~LE(RK and E~ Clerk of the
T- ~ Council
of £he City of B~kersfield, California
ma
Bakersfield, Cali£ornia, May 2, 1977
Minutes of a regular meeting of the Council of the City
o£ Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., May 2, 1977.
The meeting was called to order by Vice-Mayor Medders
followed by the Pledge of Allegiance and Invocation by Reverend
Norbert Oesch of St. John's Luthern Church.
Present:
Absent:
The City Clerk called the roll as
Councilmen Strong, Barton, Ratty,
Rogers, Sceales
Mayor Hart
Minutes of the regular meeting of April 25, 1977 were
follows:
Christensen, Medders,
approved as presented.
Correspondence.
Upon a motion by Councilman Sceales, communication from
the State Department of Transportation, dated April 25, 1977,
acknowledging receipt of resolution requesting widening o£ Planz
Road Overcrossing, was received and ordered placed on file.
Upon a motion by Councilman Rogers, communication from
Bakersfield Cable TV, Inc., dated April 27, 1977, requesting
deletion of a portion of the New Rate Categories and Changes that
was submitted to the Council on April 25, 1977, was received and
referred to Assistant City Manager Kelmar for inclusion in the
staff report to the Council.
Council Statements.
Councilman Rogers stated that next week the Legislative
Committee will submit a report to the Council regarding the
Business Inventory Tax Bill.
Councilman Ratty announced
Westra, 913 Nimrod Court, Apt. C, to
Reports.
Councilman Rogers, Chairman of the Water and City Growth
Committee, read Report No. 1-77 regarding Various Water Matters,
as follows:
that he appointed Mr. Clarence
the Charter Review Commission.
46
Bakersfield, California, May 2, 1977 - Page 2
The purpose of this report is to bring the City
Council up-to-date on the operation of the Water
Department and the impact that the current
drought conditions are having. The Committee
will also suggest some actions to the Council.
The lower river water rights of the Kern River
produce a substantial quantity of water over
the long-term, averaging something on the
order of 45,000 acre-feet per year as a theo-
retical entitlement; however, such annual
entitlements occur on an average of only once
in four or five years.
The plan for water management of the lower
river water rights will firm up a supply of
water to support the Rio Bravo annexation.
The Olcese Water District is acquiring a
substantial portion of the lower river water
rights. Water available under the lower river
rights, although intermittent in occurrence,
could be made more firm through storage in
Lake Isabella by exchanges and/or by develop-
ing a water spreading and recovery program
utilizing such water. A plan for such water
spreading and recovery has been under discussion
in this Committee for some time, and that
consideration has produced a Memorandum of
Understanding between Olcese Water District
and the City.
The Memorandum of Understanding, which is
attached for your reference, sets out the
essential principles upon which a future
formal agreement will be drawn. When completed,
that agreement will be brought back to the
Council for approval.
At the same time that the Olcese negotiations
have been going on, we have been working with
Tenneco to arrive at an agreement whereby the
City would acquire ownership to the surface
rights of the Kern River channel from Manor
Street downstream to the City's 2,800 acres.
Under this agreement, the City would utilize
Tenneco's water production facilities (wells),
canals, and other water conveyance facilities
in the Pioneer Canal and James Canal service
areas. The agreement also provides that the
City would sell to Tenneco certain quantities
of the City's miscellaneous Kern River water
as available and subject to all prior commit-
ments under the City's existing contracts. As
a third part of this agreement, the City would
transfer ownership of the land it acquired on
California Avenue as a potential fire station
site to Tenneco, and Tenneco will, at a future
date, deed to the City a site of comparable
size and dimension when the southwest develop-
ment requires such a station.
The City's Kern River nonutility water supply
averages in excess of 125,000 acre-feet per
Bakersfield,
California, May 2, 1977 - Page 3
year. However, in this dry year of 1977, the
Kern River is probably going to produce a
total supply of 155,000 acre-feet, of which
the City's share will be only about 12,000
acre-feet. This is the driest year in recorded
history on the Kern River.
The City will deliver all of the water it has
available this year, including all of the City's
water stored in Lake Isabella, so that as much
water as possible can be made available for
irrigation. This will mean that irrigation
storage in Lake Isabella will drop to its lowest
stage since 1962.
In spite of the dry year, revenues of the City
Water Department will be sufficient to pay all
operating costs and bond obligations of the
water operation for 1977.
The pending agreement with Tenneco and the
Memorandum of Understanding with Olcese Water
District will enable the City to initiate its
water spreading and recovery program in the
groundwater basin so that in a future dry year,
the City will have banked sufficient water in
groundwater storage to draw upon so that the
impact of such a dry year will be greatly
alleviated. Both agreements will produce sub-
stantial benefits to the City and additional
revenue.
Therefore, it is the recommendation of this
Committee that the following actions be taken:
1. That the report be approved and placed on
file;
That the Memorandum of Understanding with
the Olcese Water District be approved;
and
3. That the agreement with Tenneco be approved
subject to receipt of A. B and C Exhibits
satisfactory ~o ~he Ci~.
Mr. Thomas M. Stetson, City's Consulting Engineer for
Water matters, explained the plan for spreading and recovery of
water and answered questions of the Council.
Upon a motion by Councilman Rogers, Water and City Growth
Committee Report No. 1-77 regarding Various Water Matters, was
accepted; Memorandum of Understanding with 01cese Water District,
was approved; and Agreement with Tenneco West, Inc. and Tenneco
Realty Development Corporation, was approved and the Mayor was
authorized to execute same, subject to receipt of Exhibits A, B
and C~ satisfactory to the City.
Bakersfield, California, May 2, 1977 - Page 4
City Attorney Hoagland reported on a request from the
Board of Zoning Adjustment regarding Parking Leases on City-Owned
Parking Lots, as follows:
The Board of Zoning Adjustment has the follow-
ing three matters pending:
New restaurant on corner of "H" and 16th
Streets.
New office building on "F" Street between
Truxtun Avenue and 16th Street.
New office complex at Truxtun Avenue and
"F" Street.
All three are within a two block area and lack
the required off-street parking. Rather than
grant modifications it has been proposed that
the City lease spaces to these businesses on
City-owned parking lots at 17th and "F" Streets
and the property acquired from Haberfelde Ford
when it is vacated.
The Board of Zoning Adjustment has delayed a
decision on these three items until Tuesday,
May 10, 1977, and it is requested that they
be referred to the Business Development and
Parking Committee for report back to the
Council next Monday, May 9, 1977.
Upon a motion by Councilman Barton, the matter of the
request from the Board of Zoning Adjustment regarding Parking
Leases on City-owned parking lots, was referred to the Business
Development and Parking Committee for report back to the Council
on May 9, 1977.
Upon a motion by Councilman Barton, communication from
the Downtown Business Association, dated April 26, 1977, regarding
a parking problem in the downtown area, was received and referred
to the Business Development and Parking Committee for study and
recommendation.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4133 to 4199,
inclusive, in the amount of $113,052.77.
(b)
Claim for Damages from Stephen Michael
Tauzer, Bakersfield. (Refer to City
Attorney)
Bakersfield, California, May 2, 1977 - Page 5
49
(d), (e),
by the
Ayes
Noes
Absent:
(c)
Notice of Completion and Acceptance of
Work on project known as resurfacing
portions of California Avenue and East
Truxtun Avenue - Contract No. 77-53
with Griffith Company.
(d)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3746 - Contract No.
76-29 with The Mobilhome Corporation.
(e)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3787 - Contract No.
76-84 with Tenneco Realty Development
Corporation.
(f)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3803 - Contract No.
76-24 with Fred S. Macomber.
(g) Application for Encroachment Permit from
Lionel Van Sickle, 3600 Kapral Way.
(h) Application for Encroachment Permit from
T. Jamison, 3501 Mt. Vernon Avenue.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(f), (g) and (h) of the Consent Calendar, were adopted
following roll call vote:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
None
None
Action on Bids.
Upon a motion by Councilman Sceales, low bid of William
A. West Co. for Tandum Suspension and Trailer Axles,
and all other bids rejected.
Rejection of all bids for improve-
ment of Chester Avenue between 24th
Street and Garces Circle. FAU
Project No. M-F294(2).
was accepted
Councilman Ratty stated that since the businessmen in
this area have requested that the project be deferred until January,
he would make a motion that all bids for the improvement of Chester
Avenue between 24th Street and Garces Circle, FAU Project No.
M-F294(2), be rejected.
5O
Bakersfield, California, May 2, 1977 - Page 6
Director of Public Works Hawley explained some of the
problems involved and increased costs that would be incurred if
this project is deferred until January.
Mr. LeRoy Wirz, Attorney representing some of the
businessmen on Chester Avenue between 24th Street and Garces
Circle, outlined some of the problems that will be encountered
by these businessmen if the project is carried out at this time
of the year, and reaffirmed the request that the Council defer
the reconstruction until the first of January, 1978.
Mr. Raymond J. Holohan, Project Manager for H. A. Lewis
Construction Company, Riverside, California, low bidder on the
project, explained the reason the cost of this project would be
lower if constructed now rather than in the winter, and assured
the businessmen that access to and from their businesses would
not be blocked except for approximately four days on each side of
the street.
Mr. Bud Steel, 3115 Chester Avenue, stated that the
construction, at this time, would take away their prime selling
time.
After considerable discussion, Councilman Ratty's motion
that all bids for the improvement of Chester Avenue between 24th
Street and the Garces Circle, FAU Project No. M-F294(2), be
rejected, carried by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
Upon a motion by Councilman Christensen, high bid of
Sanitation Engineers for operation of Concession Stand at Bakers-
field Civic Auditorium for five years, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Bakersfield, California, May 2, 1977 - Page 7
51
New Business.
Adoption of Ordinance No. 2336 New
Series approving annexation of a
parcel of uninhabited territory to
the City of Bakersfield, California,
designated as "Manor No. 1," and
providing for the taxation of said
territory to pay the bonded indebted-
ness of said City.
Upon a motion by Councilman Rogers, Ordinance No. 2336
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Manor
No. 1," and providing for the taxation of said territory to pay
the bonded indebtedness of said City, was adopted by the following
roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 10.60 to the Munici-
pal Code concerning Conduct Prohibited
upon Water Canals.
This proposed ordinance would prohibit swimming, boating,
skiing, etc. in water canals within the City for the protection of
the public health, safety and welfare.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 10.60 to the
Municipal Code concerning Conduct Prohibited upon Water Canals.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 11.20 to the Munici-
pal Code concerning Regulations for
Kern River Bicycle Trail.
Since the annexation of Kern River No. 4, the Kern River
Bicycle Trail between Beach Park and Manor Street has been within
the Bakersfield City Limits. The County ordinance regulating the
use of the bicycle trail is no longer applicable. The proposed
ordinance provides regulations generally limiting the use of the
bicycle trail to bicycles and makes violations an infraction.
Bakersfield, California, May 2, 1977 - Page 8
This ordinance was recommended by the Police Department.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 11.20 to the
Municipal Code concerning Regulations for Kern River Bicycle
Trail.
Adoption of Resolution No. 36-77 of
the Council of the City of Bakers-
field concerning transmittal of City
Street Deficiency Report to Depart-
ment of Transportation pursuant to
Section 2156 of the Streets and
Highways Code.
Every four years a report is made by Caltrans to the
California Legislature detailing the progress made on City streets
and providing an estimate of future needs on the City street
system.
Upon a motion by Councilman Rogers, Resolution No. 36-77
of the Council of the City of Bakersfield concerning transmittal
of City Street Deficiency Report to Department o£ Transportation
pursuant to Section 2156 of the Streets and Highways Code, was
adopted by the following roll call vote:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Ayes:
Noes: None
Absent: None
Approval o£ Right-of-Way Contract
between the City and Caltrans and
Easement Deed from City to Caltrans.
On February 28, 1977, the Council approved a Right of
Entry Agreement between the City and Caltrans for reconstruction
and widening of the bridge structure on Enos Lane (State Route 43)
at the Kern River, pending Caltrans negotiating a settlement with
the City for the property. The contract stipulates that Caltrans
shall pay to the City $200.00 for 0.389 acres of land adjacent to
the structure which was approved under the Right of Entry Agreement.
Upon a motion by Councilman Strong, Right-of-Way Contract
between the City and Caltrans for $200.00 for 0.389 acres of land
Bakersfield, California, May 2, 1977 - Page 9
53
adjacent to bridge structure on Enos Lane (State Route 43) at the
Kern River and Easement Deed from City to Caltrans, was approved
and the Mayor was authorized to execute same.
Denial of request of Moreland Engineering,
Inc. for annexation to the City of
Bakersfield of 29+ acres of land near
the northwest corner of Sterling Road
and Brundage Lane.
Subject request for annexation was received by the City
Council and referred to the Planning Commission for study and
recommendation. The Annexation Committee representing various
City departments recommended that the annexation not be pursued
for the following reasons:
The property is not contiguous with the
City Limits but lies nine-tenths of a
mile easterly thereof.
o
The property is located in the East Niles
Community Services District and as such
does not require annexation to the City
in order to supply needed sewer and water
facilities. Therefore, those utilities
necessary to serve future development are
best provided by that district.
It would not be cost effective for the
City to provide other needed services,
such as Police, Fire and Street Mainte-
nance.
The Planning Commission at their April 16, 1977 meeting
reviewed the findings of the City staff and concurred the annexa-
tion at this time would not be in the best interest of the City.
Upon a motion by Councilman Ratty, request of Moreland
Engineering, Inc. for annexation to the City of Bakersfield of
29~ acres of land near the northwest corner of Sterling Road and
Brundage Lane, was denied.
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 RS-2½-A-CH-FP-S
(Residential Suburban - 2½ Acre - Church - Flood Plain Secondary),
and an RS-2~-A-FP-S (Residential Suburban - 2½ Acre - Flood Plain -
54
Bakersfield, California, May 2, 1977 - Page l0
Secondary), or more restrictive, Zones, affecting that certain
property in the County of Kern located east of Manor Street and
north of the Kern River Bluffs, known as Manor No. 1 Annexation.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Manor No. i Annexation consists of five parcels and
contains approximately 20 acres, two parcels of which have improve--
ments, one with a single family dwelling and the other a storage
structure. This area is substantially level and is located within
the area of the Kern River Secondary Flood Plain.
The Planning Commission was of the opinion these zonings
would be compatible with the Land Use Element of the General Plan,
and will allow the same number of dwelling units as permitted
under the present County zoning. The Flood Plain Overlay Zone
would provide the necessary control over future development since
this area is subject to inundation during an intermediate regional
flood (100-year flood).
The Planning Commission recommended the zonings upon
annexation, as advertised, and found that they would be consistent
with the Land Use Element.
Vice-Mayor Medders declared the hearing open for public
participation.
Mr. Dean Gay explained the needs of this area and outlined
the requested zoning.
No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rogers, Ordinance No. 2337
New Series amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the City o£ Bakersfield and finding
Bakersfield, California, May 2, 1977 - Page
said Zoning Upon Annexation of "Manor No. 1" 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
of Diamond International Corporation to amend the zoning boundaries
from a C-2 (Commercial) Zone to an M-1 (Light Manufacturing), or
more restrictive, Zone, affecting that certain property in the
City of Bakersfield commonly known as 2223 White Lane.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This property between White Lane on the north and
Southern Pacific Asphalto Railroad on the southeast is proposed
to be developed with a home building material supply business.
Approximately 53 acres to the rear of the parcel will be used for
storage and sales of lumber which will be served by an existing
spur railroad track. This use would be compatible with the area;
there is an existing mini-warehouse operation adjacent to the west
property line.
The Planning staff filed a Negative Declaration on March
25, 1977.
The Planning Commission found that the proposed zoning
would be consistent with the General Plan and recommended approval
of the M-1 zoning, as advertised and requested.
Vice-Mayor Medders declared the hearing open for public
participation. Mr. Richard Cushman, General Manager of Diamond
International Corporation,
questions of the Council.
the public portion of the
tion and action.
the applicant, was present to answer
No protests or objections being received,
hearing was closed for Council delibera-
56
Bakersfield, California, May 2, 1977 - Page 12
Upon a motion by Councilman Barton, Ordinance No. 2338
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 2223 White
Lane and finding said zoning 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
of Charlotte R. Brock to amend the zoning boundaries from an R-3
(Limited Multiple Family Dwelling) Zone to a C-2-D (Commercial
Architectural Design), or more restrictive, Zone, affecting that
certain property in the City of Bakersfield located on the south-
west corner of 1st Street and "L" Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject property contains approximately one acre, the
northerly portion o£ which is developed with residential units.
Approximately one-fourth of this block is presently zoned C-2.
A Negative Declaration was posted on March 25, 1977.
The Planning Commission found that the C-2-D zoning
would be consistent with the Land Use Element of the General Plan;
the "D" Design Overlay would ensure compatible development with
the area, and recommended approval.
Vice-Mayor Medders declared the hearing open for public
participation.
Mr. Freeman Richardson, a property owner in the area,
wanted to know what the property owner planned for this property.
Charlotte Brock, the applicant, was present to answer
questions of the Council.
Bakers£ield, California, May 2, 1977 - Page 13
No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Christensen, Ordinance No.
2339 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 south-
west corner of 1st Street and "L" Street and finding said zoning
consistent with the General Plan, was adopted by the following
roll call vote:
Ayes: Councilmen Strong,
Rogers,
Noes: None
Absent: None
Barton, Christensen, Medders, Ratty,
Sceales
There being no
Council, upon a motion by Councilman Ratty,
adjourned at 9:40 P.M.
Adjournment.
further business to come before the
the meeting was
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
H. E. BERGEN
CITY CLERK and Ex-Officio Clerk of the Council
of the City of Bakersfield, California
BY
~SSISTANT CITY CLER~
ma
Bakers£ield, California, May 9, 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., May 9, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Brian
Endicott of Kern View Hospital.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Barton, Christensen, Medders,
Ratty, Rogers, Sceales, Strong
Absent: None
Minutes of the regular meeting o£ May 2, 1977 were
approved as presented.
Scheduled Public Statements.
Gretchen Reinecke, President of the Arts Council of
Bakersfield, invited the Council and Mayor to attend the Arts
Council Symposium, Saturday, May 14, 1977.
Correspondence.
Upon a motion by Councilman Rogers, communication from
the Bakersfield Art Association, Inc., dated May 6, 1977, requesting
approval o£ appointments of Vina Cross, 2717 Chester Lane, George
Van Dreal, 1201 Duke Drive, and Genell Swan, 1805 Doolittle Avenue,
to the Board of the Bakersfield Art Association, was received and
appointments were approved.
Council Statements.
Councilman Ratty announced that he appointed Mr. A1
Engi, 6021 Almendra Court, Apt. C, to the Charter Review Commission.
Reports.
Councilman Rogers, member of the Legislative Committee,
read Report No. 1-77 regarding Senate Bill 443 (Smith), as £ollows:
S.B. 443 would increase the present 50% busi-
ness tax exemption over the next five years
to 100% exemption by 1982-83. The business
inventory tax is a tax on inventories held
by businesses. Thus the warehousing and
storage of raw materials and other goods
Bakersfield, California, May 9, 1977 - Page 2
being held for manufacture and sale are subject
to tax.
While S.B. 443 would phase out the inventory
tax by 1982-83, the bill provides that local
governments would be reimbursed for tax losses
based upon the 1977-78 level plus 5% adjust-
ment factor per year.
The inventory tax laws are not prevalent in
most other states. Because California does
have the tax, warehousing and storage is done
in states that do not have the tax. The cost
of warehousing and transportation is passed
on to the consumer. It is believed by many
in the business community that the abolition
of the tax will increase the economic activity
in the state, at the same time, allow the sale
of commodities to be sold for less to the
consumer because of not having to be stored
out of state.
The warehousing of finished goods for resale
and the manufacturing of raw materials into
finished goods, in California, rather than in
states which do not tax these goods, would
have a marked influence on the economic
viability o~ California business.
Many businesses have moved to Nevada because
of the tax and many other have chosen not to
locate in California because of the tax, al-
though the market for their warehousing is in
California.
For the foregoing reasons, the Legislative
Committee recommends that the City Council
support Senate Bill 443. The League of
California Cities has already given its
support to this bill. The Chamber of Commerce
also supports the bill.
Councilman Rogers stated that communications have been
received from the Bakersfield Board of Realtors, Senator Stiern
and Assemblyman Thomas supporting Senate Bill 443.
Councilman Christensen read statistical data regarding
the monetary loss to the State of California due to the present
Business Inventory Tax.
Upon a motion by Councilman Rogers, Legislative Report
No. 1-77 regarding Senate Bill 443 (Smith),was approved, and the
Mayor was requested to prepare the necessary communications to
the Senate Finance Committee, Senator Walter Stiern and Assemblyman
William Thomas, expressing the Council's support.
6O
Bakersfield, California, May 9, 1977 - Page 3
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 4-77 regarding Various
Parking Matters, as follows:
At the request of the City Attorney, the City
Council, at its May 2 meeting, referred to
this Committee a request from the Board of
Zoning Adjustment £or three separate parking
modifications:
From James Banducci, a reduction of 23
spaces for a proposed new office complex
to be constructed on the northeast corner
of "F" Street and Truxtun Avenue.
From Ray Yinger, a reduction of 7 spaces
for a proposed new office building to be
constructed on the northeast corner of
"F" Street and 16th Street.
From Tony Wells, a reduction of 99 spaces
for a proposed restaurant in the existing
Sanitex Laundry building behind the new
police building. This request has now
been continued for 60 days.
The Board of Zoning Adjustment would not grant
a reduction o~ required parking spaces, but
suggested a solution which, with Council
approval, would provide the required parking
and allow the proposed development to proceed.
The Committee reviewed the downtown parking
problems with the Board of Zoning Adjustment
recommendations in mind, and make the £ollowing
recommendations to the Council.
Authorize an agreement between the City and
each of the applicants which would:
Lease to Mr. Banducci, 23 spaces from the
city parking lot located behind his pro-
posed development on 17th Street between
"F" and "G" Streets for $7 per month per
space.
Lease to Mr. Yinger, 7 spaces on the same
city parking lot £or $7 per month per
space.
The Committee felt that the $2,520 per year
income from these two leases would be an
asset to the Parking Enterprise Fund. These
agreements would not place an undue burden
upon the parking situation in an area outside
o£ the central business district.
In a separate request, the Bayfield Company
requested temporary use of 20 spaces, on the
Police Parking lot, for $200 per month until
the company could negotiate with the proposed
Bakersfield, California, May 9, 1977 - Page 4
61
new parking lot on the Elks Building site for
an additional f'loor of parking. The spaces
are needed in order to accommodate a large
tenant who will not lease without the parking.
The "K" Street Parking Garage is 100 percent
leased at this time. The Committee recommends
the Council authorize a lease agreement to
cover these 20 spaces.
The Parking Enterprise Fund now has $11,453 in
it after ten months of collecting parking
meter revenues. Estimated annual revenue is
$12,700. There are three parking lots in the
downtown area (22nd & H, 20th & M, 17th & F)
which are currently not metered which the
Committee felt should be metered. Added
income from metering the three lots, plus
income from the proposed lease agreements,
would provide an approximate $11,000 per year
to the current $12,700 estimate for a total
of $23,700 per year income from which we
could purchase more parking lots.
It is, therefore, the recommendation of this
Committee that the City Council:
Authorize the City to develop agreements
with Banducci, Yinger, and the Bayfield
Company for lease of parking spaces, and
the Mayor be authorized to sign.
Authorize the metering of the three un-
metered lots within the central business
district.
After discussion, upon a motion by Councilman Barton,
Business Development and Parking Committee Report No. 4-77 regarding
Various Parking Matters, was accepted; the City was authorized to
develop agreements with Banducci, Yinger, and the Bayfield Company
for lease of parking spaces and the Mayor was authorized to
execute same; and authorization was granted to meter three un-
metered lots within the central business district.
Councilman Ratty, member of the Business Development
and Parking Committee, read Report No. 5-77 regarding Parking Fine
Revenue, as follows:
Over the last several months, this Committee
has been looking at the revenue being generated
from parking meters in the downtown area as a
revenue source to the Parking Authority. One
source of revenue, which is not going to the
Parking Authority, is that which is derived
from the collection of fines for parking
citations. These fines currently come into
Bakersfield, Cali£ornia, May 9, 1977 - Page 5
the City's General Fund and are used as a
revenue source for that fund.
Because this Committee is vitally concerned
with the need for additional parking in the
city, and particularly in the downtown area,
this Committee is requesting that the Council
refer to the Budget Review and Finance Com-
mittee, the request of this Committee that
all revenues derived from parking violations
be placed in the Parking Authority Fund and
be deleted as a General Fund revenue source.
Upon a motion by Councilman Ratty, Business Development
and Parking Committee Report No. 5-77 regarding Parking Fine
Revenue, was accepted; and request of the Business Development
and Parking Committee that all revenues derived from parking
violations be placed in the Parking Authority Fund and deleted
as a General Fund revenue source, was referred to the Budget
Review and Finance Committee.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4200 to 4286,
inclusive, in the amount of $3,023,910.15.
(b)
Claim for Damages from Maxine Laru St.
Clair, P.O. Box 4, Santa Margarita,
California. (Refer to City Attorney)
(c)
Storm Drain Easement from Stewart and
Wattenbarger providing easement for
storm drain through Lot 65, Tract No.
3801.
(d)
Street Right-of-Way Deed from Piombo
Corporation as required for Parcel Map
No. 3955.
(e)
Street Right-of-Way Deed from Alvin K.
and Florence A. Kuest as required for
Parcel Map No. 3955.
(f)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3761-B - Contract No.
76-135 with Lenco Development Corporation.
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3770 - Contract No.
76-119 with Tenneco Realty Development
Corporation.
Bakersfield, California, May 9, 1977 - Page 6
63
(h)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3788 - Contract No.
76-93 with Tenneco Realty Development
Corporation.
(i)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3805 - Contract No.
76-57 with Oldham Construction Co.
(j) Application for Encroachment Permit from
Kenneth Baker, 1124 University Avenue.
(k)
Plans and Specifications for resurfacing
portions of Columbus Avenue and Benton
Street and reconstruction of a portion
of Monterey Street.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar,
were adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Noes: None
Absent: None
Deferred Business.
Adoption of Ordinance No. 2340 New
Series of the Council of the City
of Bakersfield adding Chapter 10.60
to the Municipal Code concerning
Conduct Prohibited upon Water Canals.
Upon a motion by Councilman Rogers, Ordinance No. 2340
New Series of the Council of the City of Bakersfield adding Chapter
10.60 to the Municipal Code concerning Conduct Prohibited upon
Water Canals, was adopted by the following roll call vote:
Ayes:
Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Noes: None
Absent: None
Adoption of Ordinance No. 2341 New
Series of the Council of the City
of Bakersfield adding Chapter 11.20
to the Municipal Code concerning
Regulations for Kern River Bicycle
Trail.
Upon a motion by Councilman Ratty, Ordinance No. 2341
New Series of the Council of the City of Bakersfield adding Chapter
64
Bakersfield, California, May 9, 1977 - Page 7
ll.20 to the Municipal Code concerning Regulations
Bicycle Trail, was adopted by the following roll call vote:
Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
None
None
Ayes
Noes
Absent:
for Kern River
New Business.
Approval of Plans and Specifications
for Wastewater Treatment Facilities
at Treatment Plant No. 2.
This project includes modifications and additions of
secondary treatment facilities at Plant No. 2,
interceptor sewer from Plant No. 1 to Plant No.
of an effluent irrigation system on City owned
Engineer's estimate for the work is $22,000,000.
Upon a motion by Councilman Sceales, Plans and Specifi-
cations for Wastewater Treatment Facilities at Treatment Plant No.
2, was approved and the Southeast Bakersfield Wastewater Treatment
Facilities Corporation was authorized to advertise for bids.
Director of Public Works Hawley stated that the action
taken tonight will complete design plans of the City's contractor,
Metcalf and Eddy, to provide engineering services for the South-
east Bakersfield Sewer Project. Within the next three or four
weeks Public Works will be submitting Change Order No. 3 for the
construction phase of the project, and as in Phase I and II,
Metcalf and Eddy will be using local engineering firms.
Approval of Application by Carl
Karcher Enterprises, Inc. to install
a double faced sign 20 feet wide to
8 feet high with a 10 foot star on
top for Carl's Jr. Restaurant at 815
Real Road.
This sign would be 60 feet high and is interior lighted
plastic in a C-2 zone. Pursuant to Section 13.40.080 of the
Municipal Code no permit for a sign exceeding fifty feet from
grade level shall be issued without prior approval of the City
Council.
construction of an
2 and construction
lands. The
Bakersfield, California, May 9, 1977 - Page 8
Other signs in the immediate area over 50 feet in height
are:
The Coffee Shop - 90 feet
Shell Oil - 80 feet
Standard Oil - 80 feet
Mobil Oil 65 feet
Rodeway Inn 70 feet
McDonald's Restaurant 80 feet
Mr. David B. Garrison, representing Carl's Jr. Restaurant,
requested that the Council grant permission to erect this sign.
After discussion, upon a motion by Councilman Rogers,
application by Carl Karcher Enterprises, Inc. to install a double
faced sign 20 feet wide to 8 feet high with a l0 foot star on top
for Carl's Jr. Restaurant at 815 Real Road, was approved.
Approval of Agreement between the
City of Bakersfield and State
Department of Transportation for
construction of freeway on and off
ramps on the west side of Mt. Vernon
Avenue.
The original freeway agreement dated September 5, 1961
between the County of Kern and Caltrans did not provide for
construction of freeway on and off ramps on the west side of Mt.
Vernon Avenue. Since the City has requested the ramps, a new
agreement is necessary.
Under this agreement, the City shall bear any right-of-
way costs, including any utility relocation and the State shall
bear all other costs necessary to provide the ramps subject to
budgeting of funds by the California Highway Commission.
Upon a motion by Councilman Roger, Agreement between the
City and State Department of Transportation providing for construction
of freeway on and off ramps on the west side of Mt. Vernon Avenue,
was approved and the Mayor was authorized to execute same.
Approval of Contract Change Order
No. 3 to Contract No. 76-79 with
Fred S. Macomber for construction
of Corporation Yard Facilities.
This Change Order requires the relocation of the paint
storage tank in the Crafts Building and to revise the door opening
66
Bakersfield, California, May 9, 1977 - Page 9
for the paint spray booth in same building. The door opening was
revised due to the spray booth requiring more clearance than the
plans required along a wall adjacent to the door.
These changes will result in an increase of $1,958.10
to the contract price of $2,063.737.00 or an increase of less
than a tenth of 1%.
Upon a motion by Councilman Ratty, Contract Change Order
No. 3 to Contract No. 76-79 with Fred S. Macomber for construction
of Corporation Yard Facilities, was approved and the Mayor was
authorized to execute same.
Approval of Construction Change
Order No. 1 to Contract No. 76-108
with H. A. Lewis Construction Co.
for Northwest Bakersfield Drain -
Phase I.
This Change Order requires a modification of the electrical
service for the pump station under this contract. The modification.
results in a savings of $762.35.
Upon a motion by Councilman Ratty, Construction Change
Order No. 1 to Contract No. 76-108 with H. A. Lewis Construction
Co. for Northwest Bakersfield Drain - Phase I, was approved and
the Mayor was authorized to execute same.
Hearings.
This is the time set for public hearing on application
by John Lencioni to amend the zoning boundaries from an M-1-MH
(Light Manufacturing - Mobilehome) Zone to an M-2 (General
Manufacturing), or more restrictive, Zone, affecting that certain
property in the City of Bakersfield located on the east side of
Stine Road, 500 feet north of Pacheco Road.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject property contains approximately 4½ acres of
undeveloped land and is the west 1/3 of a tentative industrial
subdivision.
Bakersfield, California, May 9, 1977 - Page 10
The Planning Commission found the proposed zoning
compatible with the area and consistent with the Land Use Element
of the General Plan.
The Planning Commission recommended approval of the M-2
(General Manufacturing) zoning subject to the application of the
"D" Design Overlay.
A Negative Declaration was posted on March 25, 1977.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Jerry Vancuren, representing the applicant John
Lencioni, was present to answer questions of the Council. No
protests or objections being received, the public portion of the
hearing was closed for Council deliberation and action.
Upon a motion by Councilman Sceales, Ordinance No. 2342
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that certain
property in the City of Bakersfield located on the east side of
Stine Road, 500 feet north of Pacheco Road, subject to the appli-
cation of the "D" Design Overlay and finding said zoning consistent
with the General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Noes: None
Absent: None
This is
the time set for public hearing on application
by Tenneco Realty Development Corporation to amend the zoning
boundaries from an "A" (Agricultural) Zone to a C-O-D (Commercial
and Professional Office - Architectural Design), or more restrictive,
Zone, affecting that certain property in the City of Bakersfield
located on the northwest corner of Stockdale Highway and Montclair
Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
68
Bakers£ield, California, May 9, 1977 - Page 11
Sceales,
Noes: None
Absent: None
Subject property contains approximately 6¼ acres of
undeveloped land.
The Planning Commission found the proposed zoning to
be a logical expansion of the existing C-O zoning in the area and
consistent with the Land Use Element of the General Plan.
A Negative Declaration was posted on March 25, 1977.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Chuck Tolfree, representing the applicant Tenneco
Realty Development Corporation, was present to answer questions
of the Council. No protests or objections being received, the
public portion of the hearing was closed for Council deliberation
and action.
Upon a motion by Councilman Medders, Ordinance No. 2343
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-
west corner of Stockdale Highway and Montclair Street and finding
said zoning consistent with the General Plan, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Strong
Recess.
Mayor Hart recessed the regular meeting for a Budget
Hearing on Title II Funds of the Public Works Employment Act of
1976.
Budget Hearing.
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 3-77 regarding Proposed Use of
Title II Funds of the Public Works Employment Act of 1976, as
follows:
Bakersfield, California, May 9, 1977 - Page 12
69
On November 8, 1976, this Committee reported
to the Council regarding these funds. As the
Council may recall, the purpose of the Public
Works Employment Act was to stimulate the
economy at the state and local levels as an
antirecessionary measure. Title II of this
Act is specifically designed to assist local
government maintain levels of public employ-
ment and basic services.
In November, the Council authorized the staff
to place the City's allocations of these funds
in a trust account, not to be spent until the
staff obtained further information for this
Committee to evaluate as to whether the City
complied with all the required assurances.
Attachment #1 to this report discusses these
staff findings.
As of this date, the City has $232,850 in the
trust account (see Attachment #2 for an analysis
of these receipts). The regulations for the
use of these funds require the funds to be
appropriated or spent within six months of
receipt. Therefore, the receipt of $108,340
on November 19, 1976, must be appropriated or
spent by May 19, 1977, in order to meet this
requirement. The staff has informed us there
are accounts within various departmental
operating budgets where there are needs totaling
$113,400 above the amounts budgeted for this
fiscal year (see Attachment #3). We have
reviewed these and feel they are justified.
This Committee feels the City is in compliance
with the Act and recommends the following:
The City Council authorize the appropria-
tion of $113,400 of Title II funds to
meet the needs as indicated on Attachment
#3.
The City Council authorize the staff to
use the remaining amount of these funds
in the budget for the 1977-78 fiscal year
which the Council will review in June.
Councilman Medders made a motion that Budget Review and
Finance Committee Report No. 3-77 regarding Proposed Use of Title
II Funds of the Public Works Employment Act of 1976, be accepted;
appropriation of $113,400 of Title II Funds to meet the needs as
indicated on Attachment No. 3, be authorized; and the staff be
authorized to use the remaining amount of these funds in the budget
for the 1977-78 fiscal year which the Council will review in June.
Councilman Christensen questioned the title of this
report "Public Works Employment Act of 1976" as compared to the
7O
Bakersfield, California, May 9, 1977 - Page 13
recommendation that the Title II Funds be used to pay for utility
bills, weed abatement, pre-employment physical examinations, vehicle
tires and refuse bins.
City Manager Bergen stated that the Public Works Employ-
ment Act o£ 1976 was comprised of three specific items:
Title I, for two billion dollars, was to pro-
vide employment for projects, etc., which
various cities applied for. The City of
Bakersfield applied and was turned down.
Title II was specifically designated to pro-
vide assistance to State and local governments
to be used for the maintenance of levels of
public employment and basic services. It
provides up to 1.25 billion dollars in five
quarterly payments for the period July l, 1976
through September 30, 1977.
Title III was for specific sewer grants, none
of which qualified in the State of California.
Councilman Strong asked if the staff felt that the recom-
mendations for the expenditure of these Title II funds follow
closely with the intent of the act.
City Manager Bergen stated "yes" and that Assistant City
Manager Kelmar attended a meeting in Los Angeles, sponsored by
the Federal Government, and it was brought out that in the normal
operating budget, expenses, such as power bills, etc.,would qualify
and were expressly the type of uses intended under Title II.
Assistant City Manager Kelmar stated that the basic
intent behind this act was maintenance of basic services and in
recessionary times, when the Federal Government was cutting back,
that they did not want local or State Governments also cutting
back. Their intent is to provide funds to keep the economy going.
Councilman Strong stated that he has supported the use
of Federal funds since becoming a Councilman, but in this parti-
cular instance he does not believe that the recommended uses of
these funds is why the Public Works Employment Act was passed. He
stated that he believes it is a flagrant circumvention of the
Council's responsibility, as local government officials, to face
up to the problem of unemployment in this area.
Bakersfield, California, May 9, 1977 - Page 14
71
Councilman Strong offered a substitute motion that the
proposed use of Title II Funds of the Public Works Employment Act
of 1976, be referred back to the Budget Review and Finance Committee
with the idea of developing plans to reduce unemployment and this
recommendation be submitted to the Council next Monday, May 16,
1977.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received and no one wishing
to speak in favor, the public portion of the hearing was closed.
Councilman Strong's substitute motion that the proposed
use of Title II Funds of the Public Works Employment Act of 1976,
be referred back to the Budget Review and Finance Committee with
the idea of developing plans to reduce unemployment and this
recommendation be submitted to the Council next Monday, May 16,
1977, failed to carry by the following roll call vote:
Ayes: Councilmen Christensen, Ratty, Strong
Noes: Councilmen Barton, Medders, Rogers, Sceales
Absent: None
Councilman Medders' motion that the Budget Review and
Finance Committee Report No. 3-77 regarding Proposed Use of Title
II Funds of the Public Works Employment Act of 1976, be accepted;
appropriation of $113,400 of Title II Funds to meet the needs as
indicated on Attachment No. 3, be authorized; and the staff be
authorized to use the remaining amount of these funds in the
budget for the 1977-78 fiscal year which the Council will review
in June,
Ayes:
Noes:
Absent:
to the
carried by the following roll call vote:
Councilmen Barton, Medders, Ratty, Rogers, Sceales
Councilmen Christensen, Strong
None
The Budget Hearing was adjourned and the Council
regular Council Meeting.
reconvened
72
Bakersfield, California, May 9, 1977 - Page 15
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 9:50 P.M.
Calif.
ATTEST:
CITY ~RK Cand Ex~~[erk of the Council
of the City of Ba~ sfield, California
ma
Bakersfield, California, May 16, 1977
73
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., May 16, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald A.
Rogers.
Present:
Absent:
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Medders, Rogers, Sceales,
Councilmen Christensen, Ratty, Barton
Minutes of the regular meeting of May 9,
approved as presented.
Council Statements.
Upon a motion by Councilman Rogers,
Strong
1977 were
report from the City
Manager regarding Council Meeting Dates, was deferred until May 23,
1977, so that the absent Councilmen may participate in the dis-
cussions.
Councilman Sceales stated that he would not be present
next week when the City Manager's report on Council Meeting Dates
will be discussed and he would like to go on record in support of
the Council meeting twice a month or every other week.
Reports.
Councilman Strong, member of the Auditorium-Recreation
Committee, read Report No. 5-77 regarding Civic Auditorium User
Fees, as follows:
This Committee has met with the staff to dis-
cuss a revision in the user fees at the Civic
Auditorium. It was pointed out that the present
rental rates and other fees have been in effect
since 1964. Since that time, the major
operating expenses, i.e., employee costs and
utilities have increased 65 percent. Attach-
ment #1 to this report indicates the present
rates in effect and the proposed rates.
A new rate category is being requested to be
added to the rate schedule called Single-Agent
Sales Attractions. This fee would be $750 or
10 percent of gross receipts and pertain to
anyone desiring to lease the facility for the
74
Bakersfield, California, May 16, 1977 - Page 2
purpose of merchandising large volumes of items.
As a result of not having a category for this
use, it was previously categorized under trade
shows which resulted in a lower charge and
would enable the user to undersell regular
commercial businesses selling these same items.
The Auditorium Manager has indicated that these
proposed fees are competitive with other
facilities in the local area and still below
others in the San Joaquin Valley. He further
feels these increases would not deter users
from the facility as he cannot presently fill
all the requests for its use.
Therefore, this Committee recommends that the
City Council approve the attached resolution
setting the new rates effective July 1, 1977.
Upon a motion by Councilman Strong, Auditorium-Recreation
Committee
was accepted.
Report No. 5-77 regarding Civic Auditorium User Fees,
Adoption of Resolution No. 37-77 of
the Council of the City of Bakers-
field amending Resolution Nos. 67-64
and 80-68 respecting Commercial
Rental Rates and Ticket Service for
the Civic Auditorium.
Upon a motion by Councilman Strong, Resolution No. 37-77
of the Council of the City of Bakersfield amending Resolution Nos.
67-64 and 80-68 respecting Commercial Rental Rates and Ticket
Service for the Civic Auditorium, was adopted by the following
roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Christensen, Ratty, Barton
City Manager Bergen announced that budget hearings are
planned for June 20, 21, and 22, 1977.
City Manager Bergen stated that the Mayor and Council
have received an invitation from the 15th District Agricultural
Association to attend the Second Annual Kern County Fair Barbecue
to be held May 22, 1977 from 4:00 P.M. to 8:00 P.M.
City Manager Bergen read a report regarding Replacement
of Police Department Public Safety Status System, as follows:
Attached are three memorandums from the Chief
of Police detailing problems that they have
Bakersfield, California, May 16, 1977 - Page 3
75
had with the status system installed in the
Communications Center.
Because this system is necessary for their
operation, it is of some urgency that action
be taken by the Council as soon as possible.
I would recommend that the Council authorize
the City to request official proposals and
bids for the status system as recommended by
the Chief of Police. After review of these
proposals to determine the system that will
best serve the needs of the department, we
will return to the Council to request acceptance
of the bids and transfer the necessary funds.
Mr. Bergen read a memorandum from the Chief of Police
to the City Manager, dated May 13, 1977, regarding Replacement of
the Department's Public Safety Complaint Entry Dispatch Status
System.
Upon a motion by Councilman Rogers, the staff was
authorized to request official proposals and bids for the Public
Safety Status System as recommended by the Chief of Police.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4287 to 4351,
inclusive, in the amount of $133,666.54.
(b)
Grant of Easement from City of Bakers-
field to California Water Service Co.,
Pacific Gas & Electric Co., Pacific
Telephone Co. and Bakersfield Cable TV,
Inc., right-of-way for construction of
utilities within the south 60 feet of
Beach Park property.
(c)
Map of Tract No. 3660 "B" and Improvement
Agreement for construction of improve-
ments therein, located south of White
Lane and east of Monitor Street.
(d)
Map of Tract No. 3792 and Improvement
Agreement for construction of improve-
ments therein, located north of University
Avenue and east of Columbus Street.
(e)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3680 - Unit G - Contract
No. 76-149 with Gatewood Estates.
(f
Request from DeYoung Development Co. Inc.,
for annexation of property located on
the northeast corner of Wilson Road and
Stine Road. (Refer to Planning Commission
for study and recommendation)
76
Bakersfield, California, May 16, 1977 - Page 4
Upon a motion by Councilman Strong, Items (a), (b), (c),
(d), (e) and (f) of the Consent Calendar, were adopted by the
call vote:
Councilmen Medders, Rogers, Sceales,
None
following roll
Ayes:
Noes:
Absent:
Strong
Councilmen Christensen, Ratty, Barton
Deferred Business.
Adoption of Ordinance No. 2344 New
Series amending Section 17.12.020
of Chapter 17.12 (Zoning Map) of
the Municipal Code of the City of
Bakersfield. (Zoning Upon Annexa-
tion of College No. 1)
At the Council's request the Planning Commission recon-
sidered the proposed zoning upon annexation of College No. 1
Annexation.
The Planning Commission was of the opinion that all
property within the annexation should be zoned for single family
dwelling. Zoning districts other than R-1 could be considered
in the future as the property develops.
Mr. Karl Stahl and Mr. Jeff Wattenbarger, who were
present in the audience, indicated their approval of the recom-
mended zoning for this property.
Upon a motion by Councilman Rogers, Ordinance No. 2344
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 "College No. l" consistent with the
General Plan, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Rogers, Sceales, Strong
None
Councilmen Christensen, Ratty, Barton
Deferral of action on request from
Ms. Sofiea B. Clerico for variance
in Zoning Ordinance concerning Home
Occupation Permit.
The Planning Commission reviewed the request
Clerico for an
of Ms.
amendment to the Zoning Ordinance (Home Occupation)
Bakersfield, California, May 16, 1977 - Page 5
77
to permit retail sales o£ antique furniture from her residence.
The Commission was of the opinion the conditions of the Home
Occupation Permit should not be changed to permit the retail sales
of any item from a home in a residential area.
Upon a motion by Councilman Strong, action on request
from Ms. Sofiea B. Clerico for variance in Zoning Ordinance
concerning Home Occupation Permit, was deferred for one week until
Ms. Clerico can write a letter to the staff requesting that this
be deferred until a later date.
New Business.
Adoption of Resolution of Intention
No. 920 of the Council of the City
of Bakersfield, declaring its
intention to order the vacation of
the Alley east of Chester Avenue
between Geneva Avenue and the
Southern Pacific Railroad, in the
City of Bakersfield.
Upon a motion by Councilman Sceales, Resolution of
Intention No. 920 of the Council of the City of Bakersfield,
declaring its intention to order the vacation of the Alley east
of Chester Avenue between Geneva Avenue and Southern Pacific
Railroad, in the City of Bakersfield and setting June 6, 1977 for
hearing on the matter before the Council, was adopted by the
following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Christensen, Ratty, Barton
Adoption of Ordinance No. 2345 New
Series approving annexation of a
parcel of uninhabited territory to
the City of Bakersfield, California,
designated as "Ming No. 8," and
providing for the taxation of said
territory to pay the bonded indebted-
ness of said City.
Upon a motion by Councilman Sceales, Ordinance No. 2345
New Series approving annexation of a parcel of uninhabited territory
to the City of Bakersfield, California, designated as "Ming No. 8,"
78
Bakersfield, California, May 16, 1977 - Page 6
and providing for the taxation
indebtedness of said City, was
vote:
Ayes: Councilmen Medders, Rogers,
Noes:
Absent:
of said territory to pay the bonded
adopted by the following roll call
Sceales, Strong
None
Councilmen Christensen, Ratty, Barton
Failure to adopt Resolution o£ the
Council of the City of Bakersfield
authorizing the use of the Local
Agency Investment Fund under the
Office of the California State
Treasurer as an investment media
alternative.
City monies temporarily on hand until needed to pay City
bills are regularly placed in interest bearing investment media as
authorized by State law. The available investment media are
selected by the City Finance Director from day-to-day as they fit
the cash flow needs of the City and accommodate the size of the
temporary cash balances. The authorized media have been govern-
ment securities, bank certificates of deposit, bankers acceptances
and savings accounts. One additional media has been authorized by
State law effective January l, 1977, which is the "Local Agency
Investment Fund" of the California State Treasurer's Office. This
resolution does not require the City to use the media but
that additional investment media available to the City of
field at the City's option.
Councilman Sceales stated that he would have to oppose
sending City funds to the State to be invested.
Councilman Rogers made a motion to adopt a Resolution of
the Council of the City of Bakersfield authorizing the use of the
Local Agency Investment Fund under the Office of the California
State Treasurer as an investment media alternative, which failed
to carry by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Medders, Rogers, Strong
Councilman Sceales
Councilmen Christensen, Ratty, Barton
will make
Bakers-
Bakersfield, California, May 16, 1977 - Page 7
79
Approval of Annexation boundaries
designated as Panama Lane No. 1.
Upon a motion by Councilman Sceales, Annexation boundaries
designated as Panama Lane No. l, containing approximately 80 acres
of uninhabited territory, located at the northeast corner of
Panama Lane and Stine Road, were approved and referred to the City
Engineer and City Attorney for referral to LAFCO.
Approval of Annexation boundaries
designated as Stockdale No. 10.
Upon a motion by Councilman Sceales, Annexation boundaries
designated as Stockdale No. 10, containing approximately 3,500 acres
of uninhabited territory, located westerly of the existing City
boundaries, south of Stockdale Highway, easterly of Buena Vista
Road and northerly of Pacheco Road, were approved and referred to
the City Engineer and City Attorney for referral to LAFCO.
Approval of Annexation boundaries
designated as Terrace Way No. 3.
Upon a motion by Councilman Sceales, Annexation boundaries
designated as Terrace Way No. 3, containing approximately 6.50 acres
of uninhabited territory, located on the west side of South "H"
Street between Route 58 Freeway and Terrace Way, were approved
and referred to the City Engineer and City Attorney for referral
to LAFCO.
Approval of Agreement between the
City and Pacific Gas & Electric Co.
for natural gas service to the new
Corporation Yard west of Oak Street.
The Agreement provides Pacific Gas & Electric Co. with
authority to construct a gas main for service to the City's new
Corporation Yard west of Oak Street. City cost for
construction is $17,911 and sufficient funds are in
this work.
Upon a motion by Councilman Medders, Agreement between
the City and Pacific Gas & Electric Co. for natural gas service
to the new Corporation Yard, west of Oak Street, was approved,
the gas main
the budget for
8O
Bakersfield, California, May 16, 1977 - Page 8
the Mayor was authorized to execute same, and payment of $17,911
to Pacific Gas & Electric Co. was authorized.
Hearings.
This is the time set for hearing before the Council for
consideration and confirmation of the Report and Assessment List
for Abatement of Weeds under the 1976 Weed Abatement Program.
This hearing was duly posted and notices mailed to al~
owners of property on which the nuisance was abated.
Fire Chief Needham read the Report on the 1976 Weed
Abatement Program, as follows:
The 1976 Weed Abatement Program commenced with
a City-Wide inspection and posting of 502 lots
during the period of May 7 to May ll, 1976.
On May 24, 1976, "Notices To Destroy Weeds"
letters were mailed to the owners of 502 lots
posted.
The second inspection was made between May 18
and May 23, 1976.
Resolution No. 38-76 adopted by the City Council
on June 7, 1976, finding weed growth on 140
properties to be a nuisance, directed the Fire
Chief to remove and destroy said weeds.
Prior to the arrival of the contractor's
forces to remove and destroy said weeds,
additional 37 parcels were cleaned.
an
From September 30, 1976 to March 24, 1977, a
total of 103 parcels, upon which assessments
are required, were cleaned by the contractor,
Specialized Spray Service. The total assess-
ment for work done, including administration
costs, under the 1976 Weed Abatement Program
was TWENTY-FIVE THOUSAND TWO HUNDRED TWENTY
DOLLARS AND NO CENTS ($25,220.00).
Chief Needham stated that Parcel No. 138-130-07 owned
by Lloyd R. Scroggins has been excluded from the Assessment List
because the contractor failed to take "before and after" pictures
of the lot and there is no proof that the lot was cleaned. Mr.
Walter Fillmore will not be billed because the Fire Department
did not properly notify him to abate the weeds on his lot.
Mayor Hart declared the hearing open for public partici-
pation.
Bakersfield, California, May 16, 1977 - Page 9
Mr. Vincent Telese, representing Alma Investment Co.,
325 South Chester Avenue, Parcel No. 018-320-13 (located south of
115 Northrup Street), objected to the excessive amount of the
assessment for cleaning the lot.
Mrs. Eunice Smith, representing Maggie Hayman, 1316
Virginia Avenue, Parcel No. 019-072-11 (vacant lot between 415 &
423 South Haley Street), stated that they had cleaned the lot and
notified the City. Somehow the inspection was never made and
several months later an assessment was
weeds.
Mr. Chester Little, 909 East
received £or abating the
18th Street, Parcel No.
017-270-06 (located at 927 East 18th Street), stated he did not
purchase this property until August 5, 1976, and has never received
a notice to abate the weeds.
Mr. Curtis Johnson, 101 "O" Street, Parcel No. 017-430-01
(located south of 231 Beale Avenue), stated that he cleaned this
lot and notified the City, and then later received an assessment
from the City.
Mr. Wayman Turner, 822 Collins Way, Parcel No. 019-042-06,
stated that H. C. Langston was mistakenly sent the assessment and
also the contractor made an error and cleaned the lot next door.
No further protests or objections being received, the
public portion of the hearing was closed for Council deliberation
and action.
After discussion, upon a motion by Councilman Strong, the
bidding process and bid qualifications for the Weed Abatement
Program were referred to the Governmental Efficiency and Personnel
Committee to explore some way to reduce the assessments to the
property owners.
Upon a motion by Councilman Strong, Assessment List for
Abatement of Weeds under the 1976 Weed Abatement Program, was
confirmed and the City Clerk was directed to file same with the
Bakersfield, California, May 16, 1977 - Page 10
County Recorder, with the exception of the parcels that have been
protested which are to be referred to the staff for investigation
and report back to the Council.
This is the time set for public hearing before the
Council of the City of Bakersfield on the initiated action of the
Planning Commission to Zone Upon Annexation to an R-1 (One Family
Dwelling), and to 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
law.
and the property owners have been notified as required by
acres of undeveloped land,
This proposed annexation contains approximately 104
the easterly portion o£ which is
presently used for dry crop farming.
is low-density residential with the
planned for a church. The proposed
Proposed use for the property
exception of a six-acre parcel
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 that the zoning upon
annexation would conform to the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rogers, public hearing on
the Zoning Upon Annexation of Fairfax No. 1 Annexation, was
continued until June 6, 1977, by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Christensen, Ratty, Barton
Bakersfield, California, May 16, 1977 - Page ll
83
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-3-D (Limited
Multiple Family Dwelling - Architectural Design), and a C-1-D
(Limited Commercial - Architectural Design), or more restrictive,
Zones, affecting that certain property in the County of Kern
located on the northeast corner of Ming Avenue and Hughes Lane,
known as Ming No. 8 Annexation.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
This proposed annexation contains approximately 2.6
acres of vacant property. The proposed zoning, R-3-D and C-I-D,
would allow basically the same development as existing County
zoning. The proposed commercial development will have access to
both Hughes Lane and Ming Avenue. The proposed multiple family
development will have access to Hughes Lane. A Negative Declaration
is on file.
The Planning Commission recommended approval of the
R-3-D and C-1-D zoning upon annexation, and found that it conforms
to the Land Use Element of the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Sceales, Ordinance No. 2346
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 "Ming No. 8" consistent with the General
Plan,
Ayes:
Noes:
Absent:
was adopted by the following roll call vote:
Councilmen Medders, Rogers, Sceales, Strong
None
Councilmen Christensen, Ratty, Barton
Bakersfield, California, May 16, 1977 - Page 12
This is the time set for public hearing on application
by Lusich, Patrick, Henderson, Mueller & Associates, Inc. to amend
the zoning boundaries from an R-1 (One Family Dwelling) Zone to an
R-2 (Limited Multiple Family Dwelling), or more restrictive, Zone,
affecting that certain property in the City of Bakersfield located
north of Auburn Street and west of Eissler Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject areas contain approximately 4~ acres of undeveloped
property consisting of 19 lots in a tentative subdivision map.
Twelve of these lots have a powerline easement at the rear;
remaining seven back onto a power station site. With the exception
of three lots on the east side of the power station site, all lots
abut a secondary highway.
In order to ensure that future development will be
compatible with proposed development in the area, the Planning
Commission recommended the "D" Design Overlay be applied to this
requested zoning.
The Planning Commission recommended approval of the
R-2-D zoning, as requested and advertised, and found that it would
be consistent with the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Alan Harrison, representing the applicant, was present
to answer questions of the Council. No protests or objections
being received, the public portion of the hearing was closed for
Council deliberation and action.
Upon a motion by Councilman Rogers, Ordinance No. 2347
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 north of Auburn Street
Bakersfield, California, May 16, 1977 - Page 13
and west of Eissler Street and find said zoning consistent with
the General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong
Noes: None
Absent: Councilmen Christensen, Ratty, Barton
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Sceales, the meeting was
adjourned at 9:50 P.M.
MA o t~field,
Calif.
ATTEST:
CITY C~E~K and E~-Off~io Clerk of the Council
of the~City of Baker~eld, California
ma
86
Bakersfield, California, May 23, 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., May 23, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Floyd Tuffs
of the Trinity United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Ratty, Rogers, Strong, Barton,
Christensen, Medders
Absent: Councilman Sceales
Minutes of the regular meeting of May 16, 1977 were
approved as corrected.
Scheduled Public Statements.
Mr. Robert Charlton, 3415 Belle Terrace, Wastewater
Treatment Plant Lab Technician and Operator for the City of
Bakersfield, read a statement requesting that the job specifications
for this position be changed so that it is not required to be
certified by the State Water Resources Control Board and pay a
rental fee every two years for the use of this certificate.
Upon a motion by Councilman Rogers, Mr. Charlton's
request that the job specifications for the position of Waste-
water Treatment Plant Lab Technician and Operator be changed so
that it is not required to be certified by the State Water
Resources Control Board, was referred to the staff for study and
recommendation. Councilman Christensen voted in the negative on
this motion.
Mr. Brent McClanahan,
Minnesota Vikings Football Team,
3220 Lotus Lane, a member of the
invited the Mayor, Council and
public to participate in the First Annual Brent McClanahan Foot-
ball Clinic and Golf Classic, sponsored by the South Bakersfield
Kiwanis, to be held June 25 & 26, 1977.
Bakersfield, California, May 23, 1977 - Page 2
Mr. Ron Jessie, member of the Los Angeles Rams Football
Team, stated that he has been working with the U. S. Department
of Commerce and National Alliance of Businessmen on a program to
provide jobs for youths during the summer, and requested that the
Council use their influence in the community to aid in this
program.
Councilman Strong requested that the time for filing
applications for Fireworks be extended from May 15th to May 30th,
for this year only.
City Manager Bergen stated that the time is established
by ordinance and it would have to be amended to extend the filing
date and later another ordinance would have to be adopted to
change the date back to May 15th.
Councilman Ratty stated that he could support this
extension just one time, if it is understood that he would not
support it in the future.
Adoption of Emergency Ordinance No.
2348 New Series amending Section
14.40.040 (a) of the Municipal Code
concerning Filing Deadline for Filing
Applications for Fireworks Permits.
Upon a motion by Councilman Rogers, Emergency Ordinance
No. 2348 New Series amending Section 14.40.040 (a) of the Municipal
Code concerning Filing Deadline for filing applications for Fire-
works Permits and directing the staff to inform everyone who filed
a late application, was adopted by the following roll call vote
Ayes: Councilmen Ratty, Rogers, Strong, Barton, Christensen
Noes: Councilman Medders
Absent: Councilman Sceales
Councilman Medders clarified his negative vote by stating
that the deadline was changed from 30 to 60 days, a few years ago,
and he feels this is giving preferential treatment to a certain
group and is setting a precedence to extend the deadline in the
future.
Bakersfield, California, May 23, 1977 - Page 3
Correspondence.
Upon a motion by Councilman Ratty, communication from
David R. Cartnal, Chairman of the Bakersfield Sign Ordinance
Advisory Committee, dated May 11, 1977, regarding Implementation
of Sign Ordinance, was received and referred to staff for investi-
gation and report back to the Council.
Upon a motion by Councilman Rogers, communication from
Senator Dennis E. Carpenter, dated May 16, 1977, regarding the
legislation to abolish the Business Inventory Tax, was received
and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
the Member Unit Advisory Committee to the Kern County Water Agency,
dated May 17, 1977, requesting that the Council appoint a repre-
sentative and alternate to that Committee, was received and
Councilman Rogers was appointed as the representative and Council-
man Barton was appointed as alternate.
Upon a motion by Councilman Strong, communication from
Tenneco Realty Development Corporation, dated May 23, 1977,
regarding Stockdale No. 10 Annexation, was received and ordered
placed on file.
Upon a motion by Councilman Ratty, communication from
Concrete Surf Company, dated May 19, 1977, requesting use of
portions of certain City parks as Skateboard Parks, was received
and referred to staff for study and report back to the Council at
the meeting of June 6, 1977.
Upon a motion by Councilman Rogers, communication from
Moreland Engineering, Inc., dated May 23, 1977, regarding Abandon-
ment of Tartan Place, was received and referred to the Planning
Commission for proper action.
Council Statements.
Councilman Christensen announced that he appointed Mrs.
Judy Garrett, 2631 Sunset Avenue, to the Charter Review Commission.
Bakersfield, California, May 23, 1977 - Page 4
Councilman Barton announced that he appointed Mr. Milton
Younger, 1833 Chevy Chase Drive, to the Charter Review Commission.
Councilman Strong announced that he appointed Mr. Gabriel
Solomon, 22 "P" Street, and Mr. Louis Whitfield, 925 Bank Street,
to the Charter Review Commission.
Reports.
City Manager Bergen read a report from Fire Chief Needham
regarding the five parcels of property that were deferred from the
Assessment List of the 1976 Weed Abatement Program at the Council
Meeting of May 16, 1977. Chief Needham recommended that the
Assessments for Parcel Nos. 018-320-13, 019-072-11, 017-270-06
and 017-430-01 be confirmed and Parcel No. 019-042-06 be deleted
from the Assessment List.
Upon a motion by Councilman Strong, action on recommenda-
tions from the Fire Chief regarding the five parcels of property
that were deferred from the Assessment List of the 1976 Weed
Abatement Program, was held over until June 6, 1977 and the staff
was requested to notify the five property owners so that they may
be present.
City Manager Bergen read a report regarding Council
Meeting Dates.
After considerable discussion, Councilman Barton made a
motion that the report from the City Manager regarding Council
Meeting Dates, be accepted.
After further discussion, Councilman Rogers offered a
substitute motion that the report from the City Manager regarding
Council Meeting Dates, be held over until June 6, 1977 at which
time the staff could present a more comprehensive report that
addresses all areas of Councilmanic duties. This motion carried
by the
Ayes
Noes
Absent:
following roll call vote:
Councilmen Ratty, Rogers, Strong,
Medders
None
Councilman Sceales
Barton,
Christensen,
99
Bakersfield, California, May 23, 1977 - Page 5
Councilman Rogers, member of the Legislative Committee
read Special Report No. 2-77 regarding Federal Unemployment
Compensation Act Amendments, as follows:
Attached is a summary of the Unemployment
Compensation Amendments of 1976 which will be
applied against local governments commencing
January l, 1978.
The cost to the City will be approximately
$252.00 per employee per year or a total
annual cost of over $250,000 annually.
The National Institute of Municipal Law Officers
have retained the firm of Rhyne and Rhyne to
test the validity of the amendments. This is
the law firm that successfully had declared
invalid the Fair Labor Standards Act as it
applied to cities.
What the firm intends to do is to get a "stay
order" out of the Federal District Court in
Richmond, Virginia which would hold in abeyance
the levy against the City until the case is
tried and appealed to the U. S. Supreme Court.
It is estimated that this will take three
years.
The cost to the City will be $5,000.00
initially with refunds made if the amount of
money collected from cities throughout the
nation are in excess of needs for the liti-
gation.
The City, if a participant, and if the stay
order is issued, must put into its reserve
account $250,000 annually because if the law-
suit is unsuccessful the City will have to
reimburse the unemployment fund for those years
the City was withholding the funds. However,
during these years the City will be earning
interest on the withheld funds which will not
have to be paid over. The interest alone
would off-set the $5,000.00 fee, many times
over, during the three-year period.
It is the recommendation of the Legislative
Committee that the City participate in the
lawsuit and authorize payment of $5,000.00 to
the NIMLO Federal Unemployment Compensation
Tax Litigation Trust Fund.
Councilman Rogers made a motion that Special Legislative
Report No. 2-77 regarding Federal Unemployment Compensation Act
Amendments, be accepted; and the City's participation in the law-
suit and payment of $5,000.00 to the NIMLO Federal Unemployment
Compensation Tax Litigation Trust Fund, be authorized.
Bakersfield, California, May 23, 1977 - Page 6
Councilman Christensen stated that he basically agrees
with the report, but felt the $5,000.00 fee for participation in
the lawsuit exorbitant.
City Attorney Hoagland explained the reasons £or the
$5,000.00 fee and the benefits to the City by participating in
the lawsuit.
Councilman Barton stated that he feels this litigation
is worthwhile but the City should not blindly join this trust at
that exorbitant fee.
During discussion, Councilman Barton offered a substitute
motion that the City of Bakersfield send $100.00 to the NIMLO
Federal Unemployment Compensation Tax Litigation Trust Fund and
inform them they have our fair share.
Councilman Barton withdrew his substitute motion and
offered another substitute motion that action on Special Legis-
lative Report No. 2-77 regarding Federal Unemployment Compensation
Act Amendments be deferred, so the City Attorney may have time to
gather further information, and this item be held over until
Wednesday, May 25, 1977 at 5:00 P.
following roll call vote:
Ayes: Councilmen Ratty, Strong,
Noes: Councilman Rogers
Absent: Councilman Sceales
Consent Calendar.
The following items were listed on
(a)
(b)
(c)
(d)
M. This motion carried by the
Barton, Christensen, Medders
the Consent Calendar:
Allowance of Claims Nos. 4352 to 4518,
inclusive, in the amount of $231,071.95.
Claim for Damages from Pacific Telephone
and Telegraph Company. ~Refer to City
Attorney)
Claim for Personal Injuries from Thelma
K. Hood, 354 Petrol Road. (Refer to
City Attorney)
Claim for Personal Injuries and Property
Damage from Neva Collar, 388 Petrol Road,
Bakersfield. (Refer to City Attorney)
Bakersfield, California, May 23, 1977 - Page 7
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
Map of Tract No. 3885 and Improvement
Agreement for construction of improve-
ments therein - located north of Quail-
wood Drive and west of E1 Rio Drive.
Map of Tract No. 3886 and Improvement
Agreement for construction of improve-
ments therein located north of Stock-
dale Highway and west of E1 Rio Drive.
Improvement Agreement for Parcel Map No.
3955 as required by the Planning Com-
mission.
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3793 - Contract No. 76-20
with Charles Gotunda.
Notice of Completion and Acceptance of
Work on construction of Sanitary Sewer
Main in portions of Belle Terrace,
Westwind Drive and 21st Street - Contract
No. 77-56 with W. M. Lyles Co.
Application for Encroachment Permit from
Coleman Company, 600 New Stine Road, for
construction of carport over a portion
of City storm drain easement between
McDonald Way and Valhalla Drive approxi-
mately 800 feet north of Ming Avenue;
subject to condition that in the event
the City should require an excavation
to maintain said storm drain within the
easement that the applicant shall dis-
mantle and remove the carport at his
expense for time period necessary to
accomplish the maintenance work.
Application for Encroachment Permit from
Huth Builders, 124 Chester Avenue, for
construction of 4-foot high block wall
along the 3600 block of Hughes Lane,
adjacent to back of sidewalk.
Amended Plans and Specifications for
improvements of Hughes Lane from Wilson
Road to Ming Avenue.
Specifications for furnishing and
applying Slurry Seal to various City
streets.
Request from R. L. Dennen for annexation
of property located south of Panama Lane
and west of Freeway 99. (Refer to
Planning Commission for study and
recommendation)
Authorization to use $7,000 budgeted for
park uses to repair automatic sprinkling
system in Beach Park.
Bakersfield, California, May 23, 1977 - Page 8
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rogers, Strong, Barton, Christensen,
Medders
None
Councilman Sceales
Approval of Budget Transfer in the
amount of $7,000.00 for completion
of construction of Planz Park Storage
Room.
Upon a motion by Councilman Ratty, Budget Transfer from
Account No. 54-392-9400 to Account No. 57-392-9400 in the amount
of $7,000.00 for completion of construction of Planz Park Storage
Room, was approved by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Strong, Barton, Christensen,
Medders
Noes: None
Absent: Councilman
Sceales
New Business.
Approval of Annexation boundaries
designated as Bernard No. 3.
Upon a motion by Councilman Medders, Annexation boundaries
designated as Bernard No. 3, containing approximately 1.45 acres of
uninhabited territory, located on the north side of Bernard Street
between Inyo and Tulare Streets, were approved and referred to the
City Engineer and City Attorney for referral to LAFCO.
Approval of Cooperative Agreement
between the City and County of Kern
for widening and reconstruction of
Palm Street east of Real Road.
This agreement authorizes the County to include a City
project for the widening and reconstruction of Palm Street east
of Real Road as part of a larger County project on Real Road.
The project includes widening of the present two lane section of
Palm Street to a four lane standard section. The County will
Bakersfield, California, May 23, 1977 - Page 9
prepare the plans and specifications
The City's
sufficient
budget for
and administer the contract.
cost for Palm Street is estimated at $26,500.00 and
funds are available in the Major Street Improvement
this work.
Upon a motion by Councilman Medders, Cooperative Agree-
ment between the City and County of Kern for widening and
reconstruction of Palm Street east of Real Road, was approved and
the Mayor was authorized to execute same.
Hearings.
This is the time set for public hearing before the
Council on Resolution of Intention No. 919 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of portions of 32nd, 33rd, and "K" Streets, in the City of Bakers-
field.
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Christensen, Resolution No.
38-77 of the Council of the City of Bakersfield ordering the
vacation of portions of 32nd, 33rd, and "K" Streets, in the City
of Bakersfield, was adopted by the following rol~ call vote:
Ayes: Councilmen Ratty, Rogers, Strong, Barton, Christensen,
Medders
Noes: None
Absent: Councilman Sceales
This is the time set for public hearing before the
Council on Resolution of Intention of the Council of the City of
Bakersfield declaring its intention to grant renewal of Spur Track
Permit in and along 15th Street between "O" and "N" Streets to the
Atchison, Topeka and Santa Fe Railway Company, pursuant to City
Charter proceedings for granting of franchise.
Bakersfield, California, May 23, 1977 - Page 10
pation.
portion of the hearing was closed for
action.
Upon a motion by Councilman
New Series of the Council of the City
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public partici-
No protests or objections being received, the public
Council deliberation and
Strong, Ordinance No. 2349
of Bakersfield granting to
Atchison, Topeka and Santa Fe Railway Company, its successors and
assigns, a Permit to continue to maintain and operate Spur Track
in Fifteenth Street between "0" and "N" Streets, was adopted by
the following roll call vote:
Ayes: Councilmen Ratty, Rogers,
Medders
Noes: None
Absent: Councilman Sceales
Executive
The Council recessed to
on salary negotiations.
Recess.
Upon a motion by Councilman
the regular meeting at 10:50 P.M.
at 5:00 P. M.
Strong, Barton, Christensen,
Session.
an Executive Session for report
Strong, the Council recessed
until Wednesday, May 25, 1977,
A~rsfield,
Calif.
ATTEST:
CITY~K and~ Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, May 25, 1977
Minutes of a recessed meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 5:00 P.M., May 25, 1977.
The meeting was called to order by Mayor Hart.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Ratty, Rogers, Strong, Barton,
Present:
Absent:
Christensen, Medders
Councilman Sceales
Special Legislative Report.
At the Council Meeting of May 23, 1977, action was
deferred on Special Legislative Report No. 2-77 regarding Federal
Unemployment Compensation Act Amendments, until the City Attorney
had time to gather further information on the cost of the City's
participation in the lawsuit to test the validity of the amend-
ments.
City Attorney Hoagland stated that the NIMLO Federal
Unemployment Compensation Tax Litigation Trust Fund want to
collect $300,000.00 to retain the firm of Rhyne and Rhyne to test
the validity of these amendments. As of last week $850,000.00
has been collected and they expect to have $1,500,000.00 by the
end of this week. NIMLO does not care whether or not the City of
Bakersfield participates in the lawsuit and will not change their
rules for this City. They do not believe that the cost of the
lawsuit will exceed the anticipated $300,000.00, and the money
collected over the amount needed for the lawsuit will be prorated
back to the participants. Their preliminary legal tactic is to
get an injunction against the Federal Government for applying this
act to those cities and states who participate. If the City of
Bakersfield does not participate we will not be named in any
injunction that prohibits the Federal Government from applying
the law to us and we will have to pay into the Federal Unemploy-
ment Compensation Act Amendments.
Bakersfield, California, May 25, 1977 - Page 2
After discussion, upon a motion by Councilman Rogers,
Special Legislative Report No. 2-77 regarding Federal Unemployment
Compensation Act Amendments, was accepted; and the City's partici-
pation in the lawsuit and payment of $5,000.00 to the NIMLO Federal
Unemployment Compensation Tax Litigation Trust Fund, was authorized,
by the following roll call vote:
Ayes: Councilmen Ratty, Rogers, Barton, Medders
Noes: Councilman Strong
Absent: Councilman Sceales
Abstaining: Councilman Christensen
Councilman Christensen stated that he abstained from
voting on this matter because it was too vague.
Upon a motion by Councilman Rogers, Budget Transfer from
Council Contingency Fund Account No. 11-512-6100 to City Attorney's
Professional & Consulting Fees Account No. 11-422-4100 in the
amount of $5,000.00 for payment to the NIMLO Federal Unemployment
Compensation Tax Litigation Trust Fund, was approved by the
following roll call vote:
Ayes: Councilmen Ratty, Rogers, Barton, Medders
Noes: Councilman Strong
Absent: Councilman Sceales
Abstaining: Councilmen Christensen
Executive Session.
The Council recessed to an Executive Session for report
on salary negotiations.
Adjournment.
There being no further business to come before the
Council, upon a motion b~~o ~11y~.~
b~ a 'lman Barton, the meeting was
adjourned at 6:45 P.M.
sfleld, Callf
ATTEST:/
CITY CL~and~x-~Of~ll, ionic erk of the Council
of the City of Bakers~ield, California
ma
Bakersfield, California, June 6, 1977
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., June 6, 1977.
the City
of City
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend James E.
Davis of the First Congregational Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Rogers, Sceales, Strong,
Absent: None
Barton,
Minutes of the regular meeting of May 23, 1977 and
Recessed Meeting of May 25, 1977, were approved as presented.
Correspondence.
Upon a motion by Councilman Rogers, communication from
State Department of Transportation, dated May 23, 1977, regarding
the City's rejection of bids for construction of Chester Avenue
between 24th Street and Garces Circle, FAU Project No. M-F294(2),
was received and ordered placed on file.
Upon a motion by Councilman Strong, communication from
Ms. Sofiea B. Clerico, 4409 Hillsborough Drive, dated May 27, 1977,
withdrawing request for Home Occupation Permit, was received and
ordered placed on file.
Upon a motion by Councilman Sceales, communication from
Elmer Fox, Westheimer & Co., Certified Public Accountants, dated
May 25, 1977, submitting a proposal for the audit of financial
statements of the City of Bakersfield for year ending June 30,
1977, was received and referred to the Budget Review and Finance
Committee.
Upon a motion by Councilman Ratty, communication from
Golden Empire Transit, dated May 25, 1977, submitting their
proposed budget for Fiscal Year 1977-1978 and notification of
public hearings on said budget, was received and ordered placed
on file.
Christensen, Medders, Ratty
Bakersfield, California, June 6, 1977 - Page 2
99
Upon a motion by Councilman Rogers, communication from
Arvin-Edison Water Storage District, dated June 1, 1977, requesting
the City of Bakersfield and County of Kern to impose mandatory
curtailment of domestic water use, was received and ordered placed
on file.
Councilman Rogers stated that on February 28, 1977, the
Council adopted a resolution urging residents of the City of
Bakersfield to reduce personal water use and eliminate waste of
available water supplies on a voluntary basis.
Upon a motion by Councilman Medders, position paper from
the 1976-77 Kern County Grand Jury, dated June 6, 1977, regarding
Violations of Public Grade Crossings by Railroads, was received,
ordered placed on file and the City Attorney was requested to
communicate with the Grand Jury and inform them of the City of
Bakersfield's authority, responsibilities and limitations in
regards to railroad crossings.
Upon a motion by Councilman Medders, communication from
the Kern County Office on Aging, dated June 3, 1977, regarding
public hearing on the State Plan on Aging for Fiscal Year 1978,
to be held June 17, 1977 from 10:00 A.M. to 4:00 P.M. at Scott
Community Center, 1101 East Belle Terrace, was received and
ordered placed on file.
Council Statements.
Councilman Christensen announced that he appointed Mr.
Steven Ladd, 513 Bobwhite Court, to the Charter Review Advisory
Commission.
Councilman Barton made a motion that the name of the
Charter Review Commission be changed to Charter Review Advisory
Committee and after considerable discussion withdrew the motion
with the understanding that this is an advisory commission only.
Mayor Hart announced that he appointed Mr. Hugh Sill,
Sr., 1809 Beech Street, to the Charter Review Advisory Commission.
iO0
Bakersfield, California, June 6, 1977 - Page 3
Councilman Rogers announced that he appointed Mrs. Jill
Haddad, 2501 Crest Drive, to the Charter Review Advisory Commission.
Councilman Rogers made a motion that all members of the
Charter Review Advisory Commission be residents of the City of
Bakersfield. This motion carried by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Councilman Ratty stated that during the short time he
has been on the Council it has become increasingly obvious that
there exists little effective communications among the Councilmen.
We as Councilmen must seek a better atmosphere which lends itself
to an indepth personal discussion on how to function better in
the public as a body. The Council must learn to interact with
one another, therefore, I would like to make a motion that this
Council meet informally at noon of the day of the formal meeting
at an appropriate dining room and said meeting be placed on the
agenda. This meeting is not meant to replace the pre-meeting held
before the Council Meeting or any of the formal deliberations of
the regular meeting. It is intended only to be added as a tool
to help the Council understand and express itself more effectively
at the regular meeting.
City Attorney Hoagland stated that the Council could
have that meeting as long as it is noticed as a meeting on the
regular Council agenda and the public and news media are not barred
from attending. It must also be understood that at this meeting
no decisions or agreements to make decisions can be made.
Mayor Hart stated that no formal action would be required
to hold the noon meetings.
Reports.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 8-77 regarding Finance
Department Reorganization, as follows:
Bakersfield, California, June 6, 1977 - Page 4
101
In line with other departmental reorganizations
which take place periodically throughout the
City, the City Manager's Office has recommended
some major changes in the Finance Department.
Several months ago, the Assistant Finance
Director's position became vacant and since
that time the staff has been evaluating the
needs of the Finance Department before filling
the vacancy. Attached to this report are
memorandums from Finance Director, D. L. Haynes,
to City Manager, H. E. Bergen, which outline
in detail the Finance Director's requests for
this reorganization.
The staff has analyzed these requests and
presented a modified proposal to the GEP
Committee which will result in an overall
savings and add to the efficiency of the
department.
The staff proposals are to eliminate the
authorization of Assistant Finance Director,
create a new position of Data Processing
Manager, upgrade the present Internal Auditor
classification, and change the present Data
Processing and Systems Supervisor classifi-
cations from the Management Unit to the
Supervisory Unit. The Finance Director
intends to shift the workloads internally
whereby he and the Internal Auditor can absorb
the responsibilities of the Assistant Finance
Director if the time spent in managing the
Data Processing Division by the Finance
Director is taken over by a full-time Data
Processing Manager. As a result of this
reorganization, the staff anticipates more
efficiencies in areas such as Police Statistics,
Cost Accounting, Management Information, and
Accounts Receivable. In addition, an overall
evaluation of the entire Data Processing
system will be completed through the expertise
of the new Data Processing Manager. At the
conclusion of this study, as well as other
evaluations of the department by the Finance
Director and the City Manager's Office, it is
anticipated that further reorganizations will
be forthcoming during the 1977-78 fiscal year.
The GEP Committee has reviewed this reorgani-
zation during several meetings with the staff
and as a result we are recommending the
following:
1. Eliminate the authorization of Assistant
Finance Director.
Create the classification of Data Processing
Manager at a monthly salary range of $1655
to $2016 and place this classification in
the Management Unit.
Upgrade the Internal Auditor's monthly
salary range from $1230 - $1499, to $1351 -
$1645.
1_02
Bakersfield, California, June 6, 1977 - Page 5
Change the Data Processing and Systems
Supervisor from the Management Unit to the
Supervisory Unit effective the first pay
period in July, 1977.
The overall annual savings of this reorganiza-
tion will amount to approximately $4,000.
In order the effectuate these changes, the
GEP Committee is recommending adoption of the
attached salary resolutions and job specifi-
cations.
Upon a motion by Councilman Strong, Governmental
Efficiency and Personnel Committee Report No. 8-77 regarding
Finance Department Reorganization, was accepted; and recommendations
as delineated in the report, were approved.
Adoption of Resolution No. 39-77 of
the Council of the City of Bakers-
field amending Resolution No. 46-76,
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 39-77
of the Council of the City of Bakersfield amending Resolution No.
46-76, setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Strong, Report from the City
Manager regarding Council Meeting Dates, was deferred until the
Council Meeting of June 13, 1977.
City Manager Bergen read a report regarding Skateboard
Parks, as follows:
At the meeting of May 23, 1977, the Council
referred a communication from Concrete Surf
Company to the staff for a study and report
back. The thrust of the request from Concrete
Surf was for the lease of park property in two
spearate locations, for the construction of
skateboard parks.
Bakersfield, California, June 6, 1977 - Page 6
103
From the beginning, the staff has not felt
that the matter at issue was whether or not
there should be skateboard parks within the
City. Skateboard parks have been built in
many areas of the country and have been to
date, quite successful. The issue at hand is
really whether or not the lease of park property
for private enterprise, such as this, is a
proper use of park lands. This proposal is
significantly different from the one involving
the handball-tennis complex at Beach Park.
Historically, private enterprise has not built
handball and tennis courts for public use.
The only such facilities were either private
clubs or they were built at public expense in
park areas. The tennis-handball complex at
Beach Park was an opportunity for private
capital to invest in a public enterprise.
Skateboard parks, on the other hand, have been
and are continuing to be built for the benefit
of the general public by private enterprise.
Such being the case, the staff cannot recommend
that public lands be leased for such a private
enterprise.
Notwithstanding our objection to the use of
park property, the City is more than willing
to work with any developer to provide such a
facility for the enjoyment of the community.
Upon a motion by Councilman Medders, report from the
City Manager regarding Skateboard Parks, was accepted; and recom-
mendation that public lands not be leased for such a private
enterprise, was approved.
Director of Public Works Hawley read a report from the
Public Works Department regarding Relinquishment of Frontage Roads
Along Freeway 58, as follows:
On April 18, 1977, the City Council referred
to the staff for review and recommendation a
proposal by the State Department of Trans-
portation to relinquish to the City various
frontage roads, relocated and reconstructed
city streets; cul-de-sacs and other local
roads adjacent to Freeway 58.
These parcels are being relinquished in
accordance to freeway agreement dated February
19, 1962 between the City and the State.
We have made a field review of the parcels to
be relinquished and they have been constructed
to City standards. It is recommended the City
accept title.
Upon a motion by Councilman Medders, report from the
Public Works Department regarding Relinquishment of Frontage Roads
Bakersfield, California, June 6, 1977 - Page 7
along Freeway 58, was received and ordered placed on file.
Director of Public Works Hawley read a report from the
Public Works Department regarding Traffic Problems on Redlands
Drive, as follows:
Pursuant to the Council's request at the April
11, 1977 Council Meeting, we have reviewed the
traffic data and made a field study of traffic
movements along Redlands Drive between Pasadena
Street and Oswell Street.
Attached is a report of the findings by Jerry
Hahs, Traffic Engineer. As recommended in the
report, I have ordered the installation of
curve warning signs in advance of the curve
along Redlands Drive. In addition, the Police
Department will continue increased enforce-
ment efforts.
Upon a motion by Councilman Rogers, report from the Public
Works Department regarding Traffic Problems on Redlands Drive and
recommendations therein, was accepted.
Mr. Joe McCann, 3307 Redlands Drive,
the curve warning signs slowdown traffic, but
their intention to request that stop signs be
stated that he hopes
if it doesn't it is
installed.
Mrs. Marjorie Holt, 3201 Redlands Drive, stated that
she is very disappointed with the decision of the Council to
provide only a curve sign, and the residents of this street still
feel that stop signs are warranted for the safety of the children.
Jerry Hahs, Traffic Engineer, explained the reason the
recommendation was made to install curve warning signs instead of
stop signs.
Mr. Tom Edwards, 3325 Redlands Drive, requested that the
Council install a 3-Way Stop Sign at Redlands Drive and Auburn
Street.
After considerable discussion, Councilman Rogers made a
motion that the Traffic Department be directed to install a 3-Way
Stop Sign at the intersection of Redlands Drive and Auburn Street.
This motion carried by the following roll call vote:
Ayes Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Noes
Absent:
Medders
None
None
Bakersfield, California, June 6, 1977 - Page 8
105
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4519 to 4665,
inclusive, in the amount of $261,503.04.
(b)
Claim for Damages from William H. Herron,
Sr., 704 Lincoln Avenue, Bakersfield.
(Refer to City Attorney)
(c)
Grant Deed from Tenneco Realty Develop-
ment Corporation providing a 10 acre
park site adjacent to Castle School,
near the intersection of Wilson Road
and Edgemont Drive.
(d)
Map of Tract No. 3879 and Improvement
Agreement for construction of improve-
ments therein - located north of West
Columbus Street and west of Union Ave.
(e)
Map of Tract No. 3911 "A" and Improvement
Agreement for construction of improve-
ments therein - located north of Ming
Avenue and west of Valhalla Drive.
(f)
Notice of Completion and Acceptance of
Work on construction of Storeroom
Addition at Wayside Park and at Saunders
Park - Contract No. 77-52 with J. E.
Stanley.
(g)
Application for Encroachment Permit from
Willie Hollins, 105 "U" Street, for
construction of 4-foot high chain link
fence along 100 block of "U" Street,
adjacent to back of sidewalk.
(h)
Application for Encroachment Permit from
Walter Littler, 1209 McCurdy Drive, for
construction of 4-foot high concrete
wall on north side of Bernard Street,
west of Cleo Court, adjacent to back of
sidewalk.
(i)
Application for Encroachment Permit from
H. J. Reinhardt, 631 Truxtun Avenue, for
construction of building fascia and
trellis attached to building and projects
18" into the public right-of-way on
Truxtun Avenue. The vertical clearance
is 7'6" from sidewalk grade.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h) and (i) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent:None
106
Bakersfield, Cali£ornia, June 6, 1977 - Page 9
Action on Bids.
Upon a motion by Councilman Sceales, low bid of Granite
Construction Company for resurfacing portions of Columbus Avenue
and Benton Street and reconstruction of a portion of Monterey
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 Galland
Electric for installation of traffic signa~ systems at the inter-
sections of New Stine Road & Sundale Avenue and "Q" Street & 34th
Street, and also street improvements at the intersections of
Truxtun Avenue & "H" Street and Truxtun Avenue & Chester Avenue,
was approved, the other bid rejected and the Mayor was authorized
to execute the contract.
Deferred Business.
Continued Hearing on 5 Parcels of
Property deferred from Assessment
List of 1976 Weed Abatement Program.
This is the time set for continued hearing on Parcel
Nos. 018-320-13, 019-072-11, 017-270-06, 017-430-01 and 019-042-06
that were deferred from the Assessment List of the 1976 Weed
Abatement Program which was held May 16, 1977.
Chief Needham stated that the property owners of the
five parcels in question have been duly notified of the continued
hearing as per the Council's request.
During discussion, upon a motion by Councilman Strong,
Parcel No. 017-270-06 belonging to Mr. Chester Little, was deleted
from the Assessment List of the 1976 Weed Abatement Program as he
did not own the property when the notice was sent out to destroy
the weeds.
After further discussion, Councilman Strong made a
motion that due to delays in the program that Parcel Nos. 018-320-13,
019-072-11, 017-430-01 and 019-042-06 be deleted from the Assess-
ment List of the 1976 Weed Abatement Program.
Bakersfield, California, June 6, 1977 - Page 10
107
Councilman Medders suggested that if the Weed Abatement
Program is submitted to the Governmental Efficiency and Personnel
Committee for study that they consider, instead of cleaning the
lots, issuing tickets to the property owners and fine them if they
are not cleaned.
Councilman Strong's motion that due to delays in the
program Parcel Nos. 018-320-13, 019-072-11, 017-430-01 and 019-042-06
be deleted from the Assessment List of the 1976 Weed Abatement
Program, was approved by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Ratty
Noes: Councilmen Medders
Absent: None
New Business.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 5.16.010, 5.16.020,
5.16.030 and 5.16.040 of the Munici-
pal Code concerning Unclaimed Property.
This ordinance conforms City law to State law, in regards
to unclaimed property. It requires the Police Department to store
such property for specified periods and restore to owner on proof
of ownership. After lapse of storage period, unclaimed property
may be sold or retained for public use, and bicycles and toys may
be used in juvenile delinquency prevention programs.
First reading was considered given an Ordinance of the
amending Sections 5.16.010,
the Municipal Code concerning
Council of the City of Bakersfield
5.16.020, 5.16.030 and 5.16.040 of
Unclaimed Property.
This
Kern Community
from June 13,
Approval of Joint Powers Agreement
between City of Bakersfield and
Kern Community College District
Addendum No. 4 to Agreement No.
28-72 concerning use of Bakersfield
Community College Swimming Pool.
is an addendum to the original agreement with the
College District for use of their swimming pool
1977 through August 12, 1977.
108
Bakersfield, California, June 6, 1977 - Page ll
Upon a motion by Councilman Ratty, Joint Powers Agree-
ment between the City of Bakersfield and Kern Community College
District - Addendum No. 4 to Agreement No. 28-72 for use of
swimming pool from June 13, 1977 through August 12, 1977, was
approved and the Mayor was authorized to execute same.
Approval of Contract with Musicians'
Union Local 263 for Seven Band
Concerts in Beale Park.
Upon a motion by Councilman Medders, Contract with
Musicians' Union Local 263 for seven Band Concerts to be held in
Beale Park commencing June 19, 1977 and extending through July 31,
1977, was approved and the Mayor was authorized to execute same.
Hearings.
This is the time set for public hearing before the
Council on Resolution of Intention No. 920 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of the Alley east of Chester Avenue between Geneva Avenue and the
Southern Pacific Railroad, in the City of Bakersfield.
This hearing has been duly advertised and posted.
Mayor Hart declared the hearing open for public partici-
pation. Mr. H. R. "Bob" Bergman spoke in favor of the vacation of
the alley. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Barton, Resolution No. 40-77
of the Council of the City of Bakersfield ordering the vacation of
the Alley east of Chester Avenue between Geneva Avenue and the
Southern Pacific Railroad, was adopted by the following roll call
vote:
Ayes:
Councilmen Rogers, Sceales,
Medders, Ratty
Noes: None
Absent: None
Strong, Barton,
Christensen,
Bakersfield, California, June 6, 1977 - Page 12
109
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. i 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 May
16, 1977.
Mr. Berdell Dickinson, 3904 Panorama Drive, urged the
Council to expedite the annexation of Fairfax No. 1, if possible.
Upon a motion by Councilman Rogers, public hearing on
the Zoning Upon Annexation of Fairfax No. 1 Annexation, was
continued until July 25, 1977, by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
None
Noes:
Absent: None
This
is the time set for public hearing on application
by Louis J. Brandt to amend the zoning boundaries from an R-3
(Limited Multiple Family Dwelling) Zone to a C-1 (Limited
Commercial), or more restrictive, Zone, affecting that certain
property in the City of Bakersfield commonly known as 240 Chester
Avenue (rear portion).
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
The adjacent properties are zoned C-2, undeveloped; C-I,
undeveloped; and R-3 which is improved with a large apartment
complex. The proposed zoning would conform to the Land Use Element
of the General Plan; however, to ensure that future development
will be compatible with the existing abutting residential development
110
Bakersfield, California, June 6, 1977 - Page 13
the Planning Commission recommended that the "D" Overlay be applied.
An environmental assessment was made and a Negative
Declaration was posted on April 21, 1977.
The Planning Commission recommended approval of the
requested C-1 zoning with the application of the "D" Overlay and
found that it would be consistent with the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Louis J. Brandt, the applicant, was present to
answer questions of the Council. No protests or objections being
received, the public portion of the hearing was closed for Council
deliberation and action.
Upon a motion by Councilman Medders, Ordinance No. 2350
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 240 Chester
Avenue and find said zoning consistent with the General Plan, was
adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
This is the time set for public hearing on application
by Donald G. Sharpe to amend the zoning boundaries from an R-2-D
(Limited Multiple Family Dwelling - Architectural Design), Zone
to a P.U.D. (Planned Unit Development), or more restrictice, Zone,
affecting that certain property in the City of Bakersfield located
on the east side of "Q" Street, between 38th Street and 40th Street.
This hearing has been duly advertised the property
posted and the property owners have been notified as required by
law.
This undeveloped parcel
surrounded by apartment complexes.
contain 112 of
144 units;
contains 4.4 acres and is
This proposed P.U.D. would
these would be designed in size for
Bakersfield, California, June 6, 1977 - Page 14
singles and couples without children. Thirty-seven percent of the
total lot area will be open space. The Planning Commission was of
the opinion that the requested zoning would be consistent with the
General Plan which depicts this area as medium-density residential.
An environmental assessment was made and a Negative
Declaration was advertised and posted on April 22, ~977.
The Planning Commission approved the Negative Declaration,
and recommended approval of the P.U.D., as requested and reviewed,
subject to certain findings.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Donald G. Sharpe, the applicant, was present to answer
questions of the Council.
the public portion of the
tion and action.
No protests or objections being received,
hearing was closed for Council delibera-
Upon a motion by Councilman Ratty, Ordinance No. 2351
New Series of the Council of the City of Bakersfield amending
Section 17.12.020 of Title 17 of the Municipal Code changing the
Land Use Zoning of that certain property located on the east side
of "Q" Street, between 38th Street and 40th Street and making
findings in connection with P.U.D. Zone, was adopted by the
following roll call vote:
Ayes
Councilmen Rogers,
Noes
Absent:
Medders,
None
None
This is
Sceales, Strong, Barton, Christensen,
Ratty
the time set for public hearing on application
by Robert E. McCarthy, Jr. to amend the zoning boundaries from an
R-3 (Limited Multiple Family Dwelling), Zone to an R-3-P (Limited
Multiple Family Dwelling - Parking), or more restrictive, Zone,
affecting that certain property in the City of Bakersfield commonly
known as 3020 Jewett Avenue.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Bakersfield, California, June 6, 1977 - Page 15
Subject property, 100' x 167' in size, and having 100
feet of frontage on Jewett Avenue, is bounded by alleys on the
east and south sides. Properties to the west and south are zoned
and developed with manufacturing. Applicant proposes to develop
the parcel for parking facilities for his existing tank and steel
operation. The "P" Overlay zone, with the provisions contained
in the ordinance, will ensure its compatibility with the R-3
residentially zoned properties to the north and west.
An environmental assessment was made and a Negative
Declaration was posted on February 16, 1977.
The Planning Commission recommended approval of the
R-3-P zoning, as requested and reviewed, and found that it would
be consistent with the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Michael McCarthy, representing the applicant, was
present to answer questions of the Council. No protests or
objections being received, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Christensen, Ordinance No.
2352 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 3020
Jewett Avenue and find said zoning consistent with the General Plan,
was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
This is the time set for public hearing on application
by Tenneco Realty Development Corporation to amend the zoning
boundaries from an R-1 (One Family Dwelling) Zone to an R-2-D
(Limited Multiple Family Dwelling - Architectural Design), to an
R-3-D (Limited Multiple Family Dwelling - Architectural Design),
Bakersfield, California, June 6, 1977 - Page 16
113
and to a C-2-D (Commercial - Architectural Design), or more
restrictive, Zones, affecting those certain properties in the
City of Bakersfield located on the east side of Ashe Road, north
of White Lane.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject property, undeveloped and containing 34 acres,
is part of a planned Tenneco neighborhood bounded by Ashe Road
on the west and White Lane on the south. Both streets are major
arterials, as depicted on the General Plan. Tenneco proposes
R-2-D zoning for 16.971 acres; R-3-D zoning for 4.457 acres; and
C-2-D zoning for 12.567 acres. These proposals would be consistent
with the Land Use Element of the General Plan.
An environmental assessment was made and a Negative
Declaration was posted on April 21, 1977.
The Planning Commission recommended approval of the
zonings as requested and reviewed, and determined it would be
consistent with the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Chuck Tolfree, representing the applicant Tenneco
Realty Development Corporation, was present to answer questions of
the Council. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Sceales, Ordinance No. 2353
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that certain
property in the City of Bakersfield located on the east side of
Ashe Road and north of White Lane and find said zonings consistent
with the General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Bakersfield, California, June 6, 1977 - Page 17
This is the time set for public hearing on application
by Earl White to amend the zoning boundaries from an R-S (Residential
Suburban), Zone to an R-3-D (Limited Multiple Family Dwelling -
Architectural Design), or more restrictive, Zone, affecting those
certain properties in the City of Bakersfield commonly known as
1816 through 2016½ Planz Road.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Subject property contains approximately 3.5 acres of
undeveloped land sandwiched between R-3 zoned property on the
north and south sides. At the time of annexation this area was
an outlying district on which animals were kept on several of the
parcels. It is now surrounded by urban development and this
proposed R-3-D would allow a logical use of the land and would
be consistent with the Land Use Element of the General Plan.
An environmental assessment was made and a Negative
Declaration was posted on April 8, 1977.
The Planning Commission recommended approval of the
R-3-D zoning, as requested and reviewed, and found this zoning
consistent with the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Bob Pettis, Sierra Real Estate, was present to answer
questions of the Council. No protests or objections being received,
the public portion of the hearing was closed for Council delibera-
tion and action.
Upon a motion by Councilman Barton, Ordinance No. 2354
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 1816
through 2016 Planz Road and find said zoning consistent with the
Bakersfield, California, June 6, 1977 - Page 18
115
General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen,
Medders, Ratty
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Ratty, the meeting was
adjourned at 10:15 P.M.
Calif.
ATTEST:
CITY C~RK an~ ~x-O~icio Clerk of the Council
of th~ City of BakerSfield, California
ma
116
Bakersfield, California, June 13, 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., June 13, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Robert
Sanford of the Wesley United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Sceales, Strong, Barton,
Christensen, Medders, Ratty, Rogers
Absent: None
Minutes of the regular meeting of June 6,
1977 were
approved as presented.
Correspondence.
Upon a motion by Councilman Ratty, communication
from
Mrs. Nessie C. Paul, 3206 Candace Street, Carmichael, California,
dated June 1, 1977, requesting Council opposition to various bills
that would require water meters on every unmetered water user in
the State of California, was received and ordered placed on file.
Upon a motion by Councilman Sceales, communication from
Mr. L. N. Hawley, 906 Blossom Street, dated June 6, 1977, requesting
lease of property located on southeast corner of Mt. Vernon Avenue
and Brundage Lane for an Open-Air Fruit Stand, was received and
referred to staff for study and recommendation.
Upon a motion by Councilman Strong, communication from
State Commission on Aging, dated June 7, 1977, commending the
Council's effort to better the lot of older people in this com-
munity, was received and ordered placed on file.
Upon a motion by Councilman Rogers, communication from
Porterville Area Environmental Council, dated June 10, 1977,
recommending that the Council take certain actions to protect the
environment along the lower Kern River area, was received and
referred to the Water and City Growth Committee.
11.7
Bakersfield, California, June 13, 1977 - Page 2
Upon a motion by Councilman Rogers, communication from
residents of Redlands Drive, dated June 10, 1977, expressing their
gratitude to the Council for installation of a 3-Way Stop Sign on
Redlands Drive, was received and ordered placed on file.
Reports.
Councilman Rogers, Chairman of the Water and City Growth
Committee, read Report No. 2-77 regarding Water Board, as follows:
When the City acquired the water rights from
Tenneco West, Inc. last December, it was
determined that the entire water operation
should be self-sufficient. The Water Depart-
ment has been established as an enterprise
fund and operates on the revenue which it
generates. It does not receive revenue from
the General Fund of the City. It is the
Department's responsibility to work within a
budget approved by the City Council.
In order to assure that the Water Department
has the flexibility to insure its self-
sufficiency it is necessary to establish a
Water Board to handle many of the routine
responsibilities that are a normal part of
managing an asset such as this. Typically
this could include authorizing exchange of
water, overseeing the operation of the Ashe
Water service area including main line exten-
sions and the short-term sale of excess water.
This Committee recommends that the board be
established and that it be composed of the
Water and City Growth Committee members plus
the City Manager and the City Attorney. The
power of the board would be basically threefold:
First, they would establish water rates;
secondly, they would have the power to employ
nonpermanent persons as the operation of the
system may require; and thirdly, the board would
have the power to control and order expenditures
of money subject to a budget which would have
prior approval of the City Council. An ordinance
to accomplish this purpose is attached and this
is considered first reading.
Upon a motion by Councilman Rogers, Water and City
Growth Committee Report No. 2-77 regarding Water Board, was
accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 1.30 to the Municipal
Code creating the Bakersfield Water
Board, setting forth the powers and
duties of said Board.
Bakersfield, California, June 13, 1977 - Page 3
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 1.30 to the
Municipal Code creating the Bakersfield Water Board, setting forth
the powers and duties of said Board.
Councilman Sceales, Chairman of the Intergovernmental
Relations Committee, read Report No. 1-77 regarding Bakersfield
Airpark, as follows:
In February of 1976, the City Council received
a report on the Bakersfield Airpark and
endorsed recommendations 2, 3 and 4. Those
recommendations are attached to this report
for the Council's reference.
Over the past year, the City has at various
times met with the County in an attempt to
implement the recommendations, but little
progress has been made.
The problem the staff and the County have been
confronted with is a lack of significant
information about the airpark, its facilities,
its operation, and the implications of public
ownership. Because of this the staff has been
in touch with the Federal Aviation Adminis-
tration concerning a master planning grant.
The City would act as the lead agency and we
are hopeful that the County will formally
agree to participate also. Under the grant
the FAA pays 90 percent o£ the cost and the
City would have a master plan done to deter-
mine if the continued existence of a privately
owned airpark would better serve the Bakers-
field area if it were publically owned; under
what type of organizational arrangement it
should operate; study alternative sites; and
determine facility requirements. All of the
actual grant elements would be performed by a
consultant familiar with airport planning.
This Committee feels that this master planning
grant will provide the necessary information
upon which to base future decisions both in
the City and in the County.
This Committee recommends that the staff be
authorized to proceed with the preliminary
work to prepare a grant application. Final
approval o£ the application will be brought
back to the City Council at a later date.
Upon a motion by Councilman Sceales, Intergovernmental
Relations Committee Report No. 1-77 regarding Bakers£ield Airpark,
was accepted; the staff was authorized to proceed with the pre-
liminary work to prepare a master planning grant application to
Bakersfield, California, June 13, 1977 - Page 4
119
be brought back to the Council for final approval; and the staff
was requested to prepare a list of qualified consulting firms for
Council consideration.
Upon a motion by Councilman Sceales, the staff was
directed to formally request the Kern County Board of Supervisors
to participate in the study on the Bakersfield Airpark.
City Manager Bergen read a report regarding Council
Meeting Dates, as follows:
At the City Council meeting of April 4, 1977,
the staff was instructed to prepare a report
regarding the ramifications of changing the
meeting dates of the City Council. The minutes
from that meeting indicate that the staff was
to include within that report (1) the average
amount of time that each Council Meeting takes,
and (2) an indication of the meeting dates of
other agencies, such as school boards, com-
mittees, commissions, etc. Subsequent direction
from the Council has also indicated a need to
review all aspects of a Councilman's duties.
Those points will be addressed in the report.
I. Duties
The Duties of the City Council
The City of Bakersfield Charter (Chapter 12)
sets forth the duties of Councilmen. This
section is the one which sets apart Charter
from General Law cities by defining those
things considered a "municipal affair." Under
this section, the Council has a broad grant of
power to perform those functions not specifi-
cally restricted by the Constitution or State
law. In summary, the City Council establishes
local laws, sets policy, approves programs,
appropriates funds, establishes the City's tax
rate and in general, provides to the citizens
a better, more attractive and healthier place
to live. As a result, these duties imply that
the City Council must spend a considerable
amount of time determining policy which
dictates a level of services.
Policy Determination
Policy determination is a process of deciding
what is to be done. The staff responsibility
is how it is to be done. The manner in which
the Council arrives at policy decisions is
done in basically four steps:
Determining what is needed. Many sources
of information are available such as, a
Councilman's own observations, requests
of individual citizens or citizens' group,
and the recommendations of staff.
120
Bakersfield, California, June 13, 1977 - Page 5
Determining the will of the people. The
views of interest groups, discussions with
individuals, and the Council's own re-
actions as citizens must be evaluated.
o
Determining the level of service that can
be provided consistent with the financial
capabilities of the City.
4. Taking action.
Public Leadership
Probably equally important, and the most time
consuming, role of a Councilman is in the area
of public leadership. Public leadership is
more than policy determination because it
implies the involvement of and contact with
people. It requires the Council to generate
and promote City-wide programs. There are,
basically, three ways for the Council to assure
public leadership:
1. Critically examine traditional City policies
and operations.
2. Assume the role of a community opinion
leader.
3. Generate public support.
Demands on a Councilman's Time
The foregoing discussion has served to point
out that the duties of a Councilman are not
limited or restricted to the time set for
Council meetings. In fact, the interval
between meetings is much more time consuming.
One of the heaviest demands on a Councilman's
time is the necessity to evaluate the infor-
mation and material with which he is confronted.
It comes from all sources, both within and
outside the City organization. Councilmen
have basically three sources to obtain infor-
mation. First, talking with groups and
individuals, and keeping in touch with what
is going on. This is a time consuming activity
however. Secondly, information comes unsolici-
ted in the form of complaints, suggestions and
ideas from interest groups. The third source
of information is the City staff. Occasionally,
a fourth source is used in the form of special
citizen advisory boards such as was formed for
the Sign Ordinance and is being formed to
review the Charter. These special committees
present an additional demand on time.
The'kverage" citizen does not always understand
government. It does not see why the man whom
he votes as a Councilman should not personally
serve him. One of the greatest problems for a
Councilman is getting over to the public that
Bakersfield, California, June 13, 1977 - Page 6
the true function of a Councilman is to be a
generalist in policy making. The Council,
therefore, has an important public relations
role to play in providing leadership. In
this role, the Council's responsibility is
for informing the citizen by explaining the
City's programs. To do this he must use
extensive use of the media in press releases,
interviews, etc.
Other Duties Between Meetings
Homework - A large volume of information
is supplied to each Councilman relative
to items on the agenda. Each Councilman
spends a sizeable amount of time reading
this material and preparing for the meeting.
He must frequently personally visit the
site or meet with his constituents to
determine a proper course of action.
Representing the City - An important task
is that of representing the City at all
levels of government in matters of muni-
cipal interest. This frequently includes
meeting with the Board of Supervisors and
our legislative representatives.
Conferences - As a Councilman becomes more
involved with his duties he will, by
necessity, attend conferences dealing with
municipal problems. These conferences
offer the Councilman an opportunity to
hear how other cities handle problems.
Ceremonial Duties - Each Councilman, at
one time or another, is called upon to
represent the City at various community
and social functions.
Citizen Complaints - Every Councilman can
expect to receive occasional complaints,
some of which may find their way to the
Council meeting and as in the case of
regular agenda items, he again may have to
spend time visiting the site of the com-
plaint and working with the staff to take
warranted corrective action.
Committee Meetings - With seven standing
committees and each Councilman serving on
three of them, chairing one, the time spent
in this activity can be substantial.
Service and Special Organizations - Almost
every Councilman belongs to one or more
service clubs in which he formally or
informally represents the City. In addition,
some members represent the City in County,
State and Federal level committees.
Summary
The City operates under a Council-Manager form
of government where the City Manager has
Bakersfield, California, June 13, 1977 - Page 7
"general supervision and direction of the
administrative operation of the City." In
order for the Manager to carry out this function
he must have policy and program guidance from
the City Council. Policy development is not
easily accomplished and the foregoing dis-
cussion has served to highlight the amount of
time and the level of commitment that is
necessary when a person accepts the respon-
sibility of becoming a Councilman. It also
points up the fact that the time spent by a
Councilman in a public meeting is only the
"tip of the iceberg." There is a responsi-
bility to fairly evaluate the needs of the
community and translate those needs into policy.
It must be remembered that the City Council
serves on a part-time basis with only a token
salary relative to the time commitment required
to adequately perform their duties. They are
all businessmen in the community who make a
sacrifice on their own time and money to be a
Councilman.
II. Meeting Times
What California Cities Do
The first step the staff took was to evaluate
the meeting dates of all cities in the State
of California. We used, as our reference, the
roster of California cities put out by the
Secretary of State's Office. Four hundred and
eleven cities are reported in that roster and
the breakdown is as follows:
Each week 28
4 times per month - 16
2 times per month - 303
1 time per month 52
Other 12
Using the same statistics, but determining the
days on which they meet, the following is
observed:
Monday - 181
Tuesday - 153
Wednesday - 48
Thursday - 25
Other 4
Attachment 1 details the meeting dates for all
of these cities.
Cities Between 50,000 and 100,000
The staff has also looked at all cities within
the 50,000-100,000 population range (the range
in which the City of Bakersfield falls). The
statistics are as follows:
Bakersfield, California, June 13, 1977 - Page 8
123
Each week - 14
4 times per month - 9
2 times per month - 22
Other - 5
And they meet on the following days:
Monday - 24
Tuesday - 24
Wednesday -
Other - i
Attachment 2 details the meeting schedules of
these cities.
Other Agency Meeting Dates
Attachment 3 indicates the various meeting
dates for public and private agencies.
Meetings of the City Council
A review of the past five years' meetings
reveals the Council has had the following
number of regular meetings:
1972 - 41
1973 - 37
1974 - 39
1975 - 41
1976 - 40
In addition to these regular meeting, the Council
has averaged one special and three recessed
meetings a year.
A detailed analysis was made for the years 1974,
1975, and 1976 to determine the length of
meetings. Averages for these years are as
follows:
Regular Sessions
1974 - i hour 27 minutes
1975 - 1 hour 43 minutes
1976 - 1 hour 30 minutes
Summer Sessions
1974 - 1 hour 1 minute
1975 - i hour 55 minutes
1976 1 hour 12 minutes
So far this year, the Council meetings have
averaged 1 hour and 24 minutes.
As can be seen from these times, the Council
generally spends less time at its meetings
during the summer schedule when the Council
is only meeting twice per month, than it does
during its regular sessions when it is meeting
every week. It is also interesting to note
that the summer sessions, from a standpoint
124
Bakersfield, California, June 13, 1977 - Page 9
of the amount of City business, are some of
our busiest, since it is the time directly
after the budget has been adopted and the City
is implementing many of the programs that have
been approved in the budget.
Analysis
Based upon the majority of cities our size
meeting on a twice per month schedule, and the
fact that the Council has shown by its past
performance that it can easily conduct the
amount of business in a reasonable length of
time on a twice per month meeting schedule,
it would appear that this would be a reasonable
alternative for the Council to adopt.
It is important for the Council to bear in mind
that they may continue a regular meeting of
the Council if there is a pressing issue which
needs to be decided. This would also give the
Council the flexibility to hold special meetings
when and if required. Because of this, it is
quite possible that even though a change to
twice per month meeting schedules may be estab-
lished, the overall number of meetings held by
the City Council may not change.
While the specific actions of the Council do
not necessarily take a great deal of time, it
has become far more complex to implement those
actions, particularly when measured in the work
load of the City Clerk's Office. That office
has had to take on additional responsibilities
of the Fair Political Practices Filings, as
well as the Conflict of Interest Codes for all
one hundred and sixty designated City employees
and board and commission ~embers. This has
been an additional burden on that office, and
that, coupled with the work of processing the
Council's actions, is going to necessitate an
additional employee or two in that office in
the very near future. If, however, the Clerk's
Office is given additional time to process
materials generated by the City Council, as
would be the case in a twice per month meeting
schedule, this situation could be greatly
relieved.
With respect to the day of the week for meetings,
it would appear that Tuesdays, and in particular
the 2nd and 4th Tuesdays of each month, would
have the least conflict. If a Monday schedule
was established, there would be a conflict with
Monday holidays. The first Tuesday is the Kern
COG meeting, and a member of the Council sits
on that board. It should be noted that LAFCO
meets on the 2rid and 4th Tuesdays; however,
since a significant part of the LAFCO delibera-
tions involves the City, we have not had a
representative on that board because of
conflict of interest.
Bakersfield, California, June 13, 1977 - Page 10
125
Conclusion
It would appear that the City Council could
change its meeting dates to the 2rid and 4th
Tuesdays of each month and still conduct its
business in a reasonable length of time. It
would allow the Council members more time to
attend to other City business. This change
would not, however, decrease the work load of
the staff, except the Clerk's Office as already
noted. These dates would not conflict with
other boards and commissions, and, based upon
past experience, would not significantly
lengthen the duration of meetings. This change
could be implemented at the time of our tradi-
tional summer schedule.
Councilman Christensen stated that the Council did not
ask for a report to justify a change, they ask for facts instead
of the feasibility of making such a change. This report only
points out the advantages of changing Council Meeting dates and
not the disadvantages.
Councilman Christensen read the statement in the report
concerning the need of one or two more employees in the City
Clerk's Office because of the Fair Political Practices and Conflict
of Interest filings and stated that he had contacted two Cities,
Kern County Clerk's Office, and the Fair Political Practices
Commission in Sacramento. The Fair Political Practices Commission
in Sacramento indicated that they have 5,000 Statewide filings
two times a year and have only one or two persons handling this
for the entire State.
After further comment, Councilman Christensen made a
motion that the City Manager give the Council a detailed report
as to how one or two people would keep busy with the Fair Political
Practice filings and the Conflict of Interests. The time speci-
field for the report from the staff was three weeks. This motion
carried by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton, Christensen, Ratty
Councilmen Sceales, Medders, Rogers
None
126
Bakersfield, California, June 13, 1977 - Page 11
Councilman Rogers clarified his negative vote by stating
that he felt the meaning of the statement in the report was some-
what twisted, with Councilman Christensen's comments, and he did
not think the City Manager implied that this would require that
much additional help just to do this one job. This was just an
added burden on the City Clerk's Office.
Councilman Rogers made a motion to adopt a Resolution
fixing the time of Meetings of the Council of the City of Bakers-
field during the months of July, August, September and October,
1977, with the understanding that meeting on the 2nd and 4th
Wednesdays of August, September and October is a three month trial
period.
Councilman Sceales stated that he is not hesitant about
changing the Council Meeting dates to two times a month and has
supported it from the beginning. If the people want to meet with
the Council they will be available and special meetings can be
held if necessary.
Councilman Strong stated he had reservations about the
report but will support the motion because it is on a trial basis,
and if the Council sees fit to go back to meeting each Monday
night that can be accomplished at a later date.
Adoption of Resolution No. 41-77
fixing the time of Meetings of the
Council of the City of Bakersfield
during the months of July, August,
September and October, 1977.
After discussion, Councilman Rogers' motion to adopt
Resolution No. 41-77 fixing the time of Meetings of the Council
of the City of Bakersfield during the months of July, August,
September and October, 1977, with the understanding that meeting
on the 2nd and 4th Wednesdays of August, September and October is
a three month trial period, carried by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Sceales, Strong, Medders,
Councilmen Barton, Christensen
None
Ratty, Rogers
Bakersfield, California, June 13, 1977 - Page 12
127
Councilman Barton stated that he wants to be provided
with staff members once a month to meet with constituents of the
7th Ward in that Ward.
Councilman Christensen in clarifying his negative vote
stated he felt it is regrettable the way the report was introduced.
By changing to two times a month from four times a month the
people are being robbed of a "government of the people, by the
people and for the people" and to give less government to the
people to help solve their problems.
Councilman Medders stated he does not have reservations
about leaving the Council Meetings like they are, but will not
oppose a change on a trial basis. If it doesn't work out during
the trial period he will make a motion to change back to every
Monday night.
Councilman Ratty stated he appreciates staff's hard
work and long hours. There will be no monetary savings to them
as they put in much longer hours than the necessary forty, and
he takes exception to the argument that staff is getting some
kind of economic remuneration for not being there.
Upon a motion by Councilman Ratty, report from the
Community Development Director regarding Implementation of the
Sign Ordinance, was received and the City Clerk was requested to
place on the Agenda for the Council Meeting of June 20, 1977.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4666 to 4757,
inclusive, in the amount of $55,205.44.
(b) Claim for Damages from Donna E. Myers,
4900 Nordic #9, Bakersfield. (Refer to
City Attorney)
(c) Claim for Personal Injuries from Isaiah
Briggs, 1229 - 4th Street, Bakersfield.
(Refer to City Attorney)
(d) DELETED
128
Bakersfield, California, June 13, 1977 - Page 13
(e)
Application for Encroachment Permit from
First Federal Savings & Loan, 1517 - 18th
Street, for construction of concrete
slumpstone veneer along face of building
encroaching into public right-of-way
approximately four inches.
(f)
Plans and Specifications for construction
of street improvements on Ming Avenue,
"O" Street and San Dimas Street.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(e) and (f) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Peabody-
Dewald Company for 30 Refuse Containers, was accepted and the
other bid rejected.
Deferred Business.
Adoption of Ordinance No. 2355 New
Series of the Council of the City
of Bakersfield amending Sections
5.16.010, 5.16.020, 5.16.030 and
5.16.040 of the Municipal Code
concerning Unclaimed Property.
Upon a motion by Councilman Sceales, Ordinance No. 2355
New Series of the Council of the City of Bakersfield amending
Sections 5.16.010, 5.16.020, 5.16.030 and 5.16.040 of the Munici-
pal Code concerning Unclaimed Property, was adopted by the
following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Bakersfield, California, June 13, 1977 - Page 14
New Business.
Adoption of Resolution No. 42-77 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within territory
designated as "Fairfax No. 1,"
proposed to be annexed to the City
of Bakersfield.
Upon a motion by Councilman Rogers, Resolution No. 42-77
of the Council of the City of Bakersfield setting July 25, 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 "Fairfax No. 1," proposed to be annexed to the City
of Bakersfield, was adopted by the following roll call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
Adoption of Resolution No. 43-77 of
Intention to include within the
Greater Bakersfield Separation of
Grade District certain territory
designated as "Fairfax No. 1," and
setting the time and place for
hearing objections to the inclusion
of said territory within said
District.
Upon a motion by Councilman Rogers, Resolution No. 43-77
of Intention to include within the Greater Bakersfield Separation
of Grade District certain territory designated as "Fairfax No. 1,"
and setting July 25, 1977, in the Council Chambers of City Hall,
as the time and place for hearing objections to the inclusion of
said territory within said District, was adopted by the following
roll call vote:
Ayes:
Councilmen Sceales, Strong, Barton, Christensen, Medders,
Ratty, Rogers
Noes: None
Absent: None
130
Bakersfield, California, June 13, 1977 - Page 15
Upon
of the Council
in the Council
Adoption of Resolution No. 44-77 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within territory
designated as "Union No. 7," pro-
posed to be annexed to the City of
Bakersfield.
a motion by
of the City
Chambers of
Councilman Barton, Resolution No. 44-77
of Bakersfield setting July 25, 1977,
City Hall as the time and place for
Council of the
of Title 14 of
Ayes:
Noes:
Absent:
of Bakersfield, was adopted by the following roll call vote:
Councilmen Sceales, Strong, Barton, Christensen,
Ratty, Rogers
None
None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 14.40.040 (a) of
Title 14 of the Bakersfield Municipal
Code concerning Fireworks.
This
to be acquired
water Treatment Plant No. 2. The cost is $350,235.50, of which
87½% will be paid by Federal and State grant funds and 12~% local
funds. This local share will be paid with sewer bond funds and
is a budgeted item.
Upon a motion by Councilman Rogers, Deed for property
from Angus D. Crites as part of the Bakersfield Subregional
Sewage System, was accepted and authorization granted to place
funds in escrow.
Medders,
First reading was considered given an Ordinance of the
City of Bakersfield amending Section 14.40.040 (a)
the Bakersfield Municipal Code concerning Fireworks.
Approval of acquisition of property
from Angus D. Crites as part of the
Bakersfield Subregional Sewage
System.
purchase is for 318 acres which is part of the land
as a disposal site for treated effluent from Waste-
hearing protests by persons owning real property within territory
designated as "Union No. 7," proposed to be annexed to the City
Bakersfield, California, June 13, 1977 - Page 16
131
Approval of acquisition of property
from Joffre P. and Marjorie J. Reyes
as part of the Bakersfield Subregional
Sewage System.
This purchase is for 140 acres which is part of the land
to be acquired as a disposal site for treated effluent from Waste-
'water Treatment Plant No. 2. The cost is $176,963.94 of which
87½% will be paid by Federal and State grant funds and 12½% local
funds. This local share will be paid with sewer bond funds and is
a budgeted item.
Upon a motion by Councilman Rogers, Deed for property
from Joffre P. and Marjorie J. Reyes as part of the Bakersfield
Subregional Sewage System, was accepted and authorization granted
to place funds in escrow.
Executive Session.
The Council recessed to an Executive Session for report
on salary negotiations.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:15 P.M.
M ORdersfield, Calif.
ATTEST:
of the City of BakerYfield, California
ma
132
Bakersfield, California, June 20, 1977
Minutes of a regular meeting of the Council o£ the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:20 P.M., June 20, 1977.
The meeting was called to order by Vice-Mayor Medders
followed by the Pledge of Allegiance and Invocation by Police Chief
Bob Price.
The City Clerk called the roll as follows:
Present:
Councilmen Strong, Barton, Christensen, Medders, Ratty
(seated at 7:25 P.M.), Rogers, Sceales (seated at 7:35
P.M.)
Absent: Mayor Hart
Minutes of the regular meeting of June 13, 1977 were
approved as presented.
Reports.
Councilman Rogers, member of the Legislative Committee,
read Report No. 3-77 regarding SB 164 - Compulsory and Binding
Arbitration for Police and Firemen, as follows:
Two years ago the City Council opposed
such a measure as this. The League of
California Cities opposes SB 164.
Compulsory and Binding Arbitration means
that if Police and Firemen cannot reach
an agreement relative to wages and other
conditions of work, such will be decided
by compulsory arbitration. The decision
of the arbitration is then binding on the
Council.
Elected officials would no longer have
the responsibility of setting wages, hours
and working conditions. Elected officials
may, under SB 164, have only the respon-
sibility of setting a tax rate to meet
increases of salaries that may be granted
by arbitration.
Many editorials have been written against
SB 164 by leading newspapers throughout
the state, citing the proposition that the
responsibility of setting salaries by the
elected officials would be eradicated by
SB 164.
It is the recommendation of the Legislative
Committee that the Council oppose SB 164.
Bakersfield, California, June 20, 1977 - Page 2
133
Upon a motion by Councilman Rogers, Legislative Report
No. 3-77 regarding SB 164 - Compulsory and Binding Arbitration for
Police and Firemen, was approved and the Mayor was requested to
prepare necessary communications to the State Senator and proper
committee, expressing the Council's opposition, by the following
roll call vote:
Ayes: Councilmen Strong, Christensen, Medders, Rogers
Noes: Councilman Barton
Absent: Councilmen Ratty, Sceales
Councilman Medders, Chairman of the Budget Review and
Finance Committee, read Report No. 4-77 regarding Audit of City
Financial Records for 1976-77, as follows:
On June 6, 1977, the City Council
referred to this Committee for their
recommendation a letter from Elmer Fox,
Westheimer & Co., regarding a proposal
for auditing the City's financial
records for the 1976-77 fiscal year.
The firm proposes to audit the City's
financial records with the exception of
revenue sharing funds for a fee not to
exceed $12,500. This represen~an increase
of $1,500 from last year and is entirely
attributable to the Water Enterprise
operation. However, this additional fee
will be paid out of the water operation
and not the general fund. Also, an audit,
as required by Federal regulations, will
be made of the Title II funds received by
the City at no additional cost. The
maximum charge for auditing the revenue
sharing funds will not exceed $1,700 and,
as in the past, will be paid from these
funds.
The firm has done an excellent job of
auditing the City's financial records
over the years. It is the company's policy
to rotate staff annually so as to maintain
a balance of individuals who have been
involved with the audit in the past and new
people to allow for a fresh approach.
Therefore, this Committee recommends that
the firm of Elmer Fox, Westheimer & Co. be
retained to audit the City's financial
records for the 1976-77 fiscal year.
134
Bakersfield, California, June 20, 1977 - Page 3
Upon a motion by Councilman Christensen, Budget Review
and Finance Committee Report No. 4-77 regarding Audit of City
Financial Records for 1976-77, was accepted; and recommendation
that the firm of Elmer Fox, Westheimer & Co. be retained to audit
the City's financial records for the 1976-77 Fiscal Year, was
approved.
Councilman Ratty now in attendance at Council Meeting.
Councilman Rogers, Chairman of the Water and City Growth
Committee, read Report No. 3-77 regarding Rate Increase for Ashe
Water Service Area, as follows:
When the City acquired the Ashe Water
Service area as part of the water
acquisition from Tenneco West, Inc.,
Ashe Water had in effect a rate structure
which was not adequately reflective of the
actual cost of running that system. Cost
increases are directly reflective of
additional utility and power expenses.
For the last six months an independent
analysis has been made by our water system
accountant and he has recommended that a
rate adjustment for the Ashe Water Service
area be made. As justification for this
rate increase the following facts are
presented:
Since the Ashe Water rates became
effective on December 12, 1975, it has
remained unchanged. Further, the rate
structure encourages the use of water.
Their current rates are shown on Attach-
ment #1.
During a corresponding period of time
California Water Service Company (which
is handling the operation of Ashe Water
Service for the City) has had seven rate
increases. In 1975, their charge was
15 cents per 100 cubic feet for all water
used and that has increased to 19.9 cents
per 100 cubic feet for the first 500 cubic
feet and 24.1 cents per 100 cubic feet for
all water over 500 cubic feet. There is
also a flat rate meter rental charge.
Their current rates are shown on Attach-
ment #2.
t
Because of this rate differential the Ashe
Water Service area is showing an average
monthly loss in excess of $12,000.
Bakersfield, California, June 20, 1977 - Page 4
135
In order to correct this, the Committee
feels that a rate structure, comparable
to that currently in effect with Cal Water
should be adopted, and that periodic adjust-
ments be made by the Water Board using Cal
Water rates as a guide.
The Committee realizes that there are going
to be increases in charges to Ashe customers
which range from seven percent to 52 per-
cent and averages 32 percent overall.
However, we also realize that Ashe cannot
continue to operate in a deficit position.
This Committee recommends that:
1. This report be approved and placed on
file.
The attached resolution revising the
water rates for the Ashe Water Service
area be approved.
Upon a motion by Councilman Rogers, Water and City Growth
Committee Report No. 3-77 regarding Rate Increase for Ashe Water
Service Area, was accepted.
Adoption of Resolution No. 45-77 of
the Council of the City of Bakers-
field setting Rates for Water Service
in the Bakersfield Water Service Area.
Upon a motion by Councilman Rogers, Resolution No. 45-77
of the Council of the City of Bakersfield setting Rates for Water
Service in the Bakersfield Water Service Area, was adopted by the
following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers
Noes: None
Absent: Councilman Sceales
Upon a motion by Councilman Ratty, report from the Com-
munity Development Director regarding Implementation of the Sign
Ordinance, was accepted; and the Sign Ordinance Committee was
reinstated with the understanding that any reappointments be made
in the same manner as previously set out by the Council.
Councilman Sceales now in attendance at Council Meeting.
136
Bakersfield, California, June 20, 1977 - Page 5
The
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Consent Calendar.
following items were listed on the Consent
Allowance of Claims Nos. 4758 to 4921,
inclusive, in the amount of $530,073.03.
Street Right-of-Way Deed from John and
Josephine Lencioni for District Boulevard
and Stine Road as required for Parcel Map
No. 3705.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3771 - Contract No. 76-56
with Charles L. Wren.
Application for Encroachment Permit from
Colleen Franey Bell, 2605 Planz Road, for
construction of 5-foot high wood fence in
public right-of-way along the Planz Road
and E1 Potrero frontage at above location.
Request from Thomason Construction for
annexation of property located on the
northwest corner of Stockdale Highway and
Allen Road, containing approximately 78
acres of land. (Refer to Planning Com-
mission for study and recommendation)
Adoption of Resolution of Intention No.
922 of the Council of the City of Bakers-
field, declaring its intention to order
vacation of a portion of Tartan Place,
between Auburn Street and Highland High
School, in the City of Bakersfield and
setting July 25, 1977 for hearing on the
matter before the Council.
Adoption of Resolution No. 46-77 of the
Council of the City of Bakersfield fixing
August 10, 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
"Rio Bravo," proposed to be annexed to
the City of Bakersfield.
Adoption of Resolution No. 47-77 of
Intention to include within the Greater
Bakersfield Separation of Grade District
a portion of certain territory designated
as "Rio Bravo," and setting August 10,
1977, in the Council Chambers of City
Hall, as the time and place for hearing
objections to the inclusion of said
territory within said District.
Calendar:
Bakersfield, California, June 20, 1977 - Page 6
137
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (£), (g) and (h) 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 Strong, low bid of Valley
Slurry Seal Company for furnishing and applying Slurry Seal to
various City streets, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Deferred Business.
Adoption of Ordinance No. 2356 New
Series of the Council of the City
of Bakersfield amending Section
14.40.040 (a) of Title 14 of the
Bakersfield Municipal Code concerning
Fireworks.
Upon a motion by Councilman Strong, Ordinance No. 2356
New Series of the Council of the City of Bakersfield amending
Section 14.40.040 (a) of Title 14 of the Bakersfield Municipal Code
concerning Fireworks, 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. 2357 New
Series of the Council of the City
of Bakersfield adding Chapter 1.30
to the Municipal Code creating the
Bakersfield Water Board, setting
forth the powers and duties of said
Board.
Upon a motion by Councilman Rogers, Ordinance No. 2357
New Series of the Council of the City of Bakersfield adding Chapter
1.30 to the Municipal Code creating the Bakersfield Water Board,
138
Bakersfield, California, June 20, 1977 - Page 7
setting forth the powers and duties of said Board,
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton, Christensen,
Rogers, Sceales
None
None
was adopted
Medders, Ratty,
New Business.
Adoption of Resolution No. 48-77 of
the Council of the City of Bakersfield
certifying completion of final Environ-
mental Impact Report for proposed
annexation to the City of Bakersfield
designated as Wible No. 2, in compliance
with CEQA and Guidelines together with
findings.
The Planning Commission, on June 15, 1977, reviewed and
approved the Final EIR for the proposed annexation known as Wible
No. 2, and determined it was in compliance with applicable laws
and regulations and recommended certification of the Final EIR by
the City Council in accordance with Resolution No. 24-77. The
next step in the annexation is the approval of the Final EIR and
annexation by LAFCO.
Upon a motion by Councilman Sceales, Resolution No. 48-77
of the Council of the City of Bakersfield certifying completion of
final Environmental Impact Report for proposed annexation to the
City of Bakersfield designated as Wible No.
CEQA and Guidelines together with findings,
following roll call vote:
Ayes
Noes
Absent:
Councilmen Strong,
Rogers,
None
None
Barton,
Sceales
designated
2, in compliance with
was adopted by the
Christensen, Medders, Ratty,
Approval of Annexation boundaries
designated as Manor No. 2.
Upon a motion by Councilman Rogers, Annexation boundaries
as Manor No. 2, containing approximately 160 acres of
Bakersfield, California, June 20, 1977 - Page 8
139
uninhabited territory, located north of Panorama Drive, south of
the Kern River and east of Manor Street, were approved and referred
to the City Engineer and City Attorney for referral to LAFCO.
Approval of Annexation boundaries
designated as College No. 2
Upon a motion by Councilman Rogers, Annexation boundaries
designated as College No. 2, containing approximately 40 acres of
uninhabited territory, located generally in the northwest quadrant
of Willis Avenue and Morning Drive, were approved and referred to
the City Engineer and City Attorney for referral to LAFCO.
Appointment to Charter Review Advisory
Commission.
Councilman Barton announced that he appointed Mr. Paul
3100 Amber Court, to the Charter Review Advisory
G. Busacca,
Commission.
Recess.
The Council recessed the regular Council Meeting at
7:45 P.M. to meet in Executive Session immediately following the
Budget Hearing.
Executive Session.
The Council met in Executive Session for report on salary
negotiations.
Recess.
There being no further business to come before the Council
the meeting was recessed at 9:10 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
CITY a io Clerk of the Council
of the City of ~kersfield, California
ma
140
Bakersfield, California, June 20, 1977
Minutes of the Council of the City of Bakersfield,
California, meeting in budget sessions at 7:50 P.M., June 20,
1977.
The meeting was called to order by Vice-Mayor Medders.
The City Clerk called the roll as follows:
Present: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Absent: Mayor Hart
City Manager Bergen stated the final figure on the salary
negotiations is not known at this time and there have been recent
developments in insurance, but if the Council's guidelines are
followed with regards to salaries and the insurance is not sub-
stantially different than expected now, the City has a balanced
budget without an increase in the tax rate. The budget does not
assume a change in the level of service, however, it does reflect
some expansion due to growth occurring in the past year and in
addition copes with inflation. The Council usually covers the
budget in three sessions, which include:
1. Personnel Cost - which includes direct salary
and all supplemental benefits and this year
it is approximately $15,000,000.00 or approxi-
mately 70% of the General Tax Rate Category.
That will be heard tomorrow night.
2. Operating Budget - which is approximately
$5,000,000.00 and a detailed report will be
presented tonight from the Budget Review and
Finance Committee.
3. Capital Improvement Budget - including public
hearing on revenue sharing, scheduled for
Wednesday night.
Councilman Medders, Chairman, and Councilman Sceales,
of the Budget Review and Finance Committee, read Report
regarding Operating Budget for Fiscal Year 1977-78, as
member,
No. 5-77
follows:
It has been the responsibility of the Budget Review
and Finance Committee to make recommendations on the
proposed annual Operating Budget, the adequacy of
reserves, and the proposed property tax rate. The
Committee will meet after the 1976-77 financial
Bakersfield, California, June 20, 1977 - Page 2
141
records have been closed, salary determinations
made, and final assessed valuation figures are
available, to review reserves and the property
tax rate.
This report will be restricted to the proposed
Operating Budget for 1977-78. It is important
that action be taken on the Operating Budget at
this time prior to the beginning of the next
fiscal year.
The budget format is similar to that of last year.
The budget has been divided into the six major
service areas -- Management Services, Environmental
Services, Development and Transportation Services,
Public Safety Services, Recreation and Cultural
Services, and Support Services. In turn, these
service areas are further split into the various
programs and sub-programs that make up each major
service area. Major specific objectives to be
achieved during the year are also listed for each
sub-program.
The Operating Budget discussed in this report
consists of the operating expenses and fixed asset
purchases proposed for the General Tax Rate Category,
the proposed expenditure of the remaining Title II
funds which are included in the Restricted Agency
Category, and the equipment to be replaced under the
Equipment Replacement program (see Attachment #1
Summary of Proposed Operating Budget). Operating
expenses consist basically of materials, supplies,
utilities, etc. Fixed assets consist of departmental
capital outlay items, e.g., office equipment, auto-
motive equipment, communication equipment, etc.
The Operating Budget does not include salaries and
supplemental benefits nor capital improvement projects.
The Governmental Efficiency and Personnel Committee
will make recommendations on all salary matters. The
entire City Council will review the proposed Capital
Improvement Program which has been evaluated by the
Planning Commission.
The departmental operating budgets have again been
prepared in a manner to reflect the total direct (i.e.,
salaries, supplies, and equipment) and indirect (i.e.,
data processing, legal, personnel, etc.) costs of
providing a particular program. This is accomplished
by the inclusion in the budgets, where applicable, of
the following accounts: (1) Custodial Services Cost
Allocation, Object No. 5300; (2) Administrative Cost
Allocation, Object No. 5400; and (3) Rental Internal
Organizations (Equipment Maintenance), Object No. 6200.
The Custodial Services Cost Allocation is reflected
in those programs which receive custodial services.
In the case of programs located in City Hall, each
program is charged for their proportionate share of
the maintenance costs of City Hall based on their total
square footage of office space. Programs operating
outside of City Hall are charged based on the cost of
the employees and materials involved in performing the
services.
Bakersfield, California, June 20, 1977 - Page 3
The Administrative Cost Allocation entails an
allocation of the cost of staff programs (i.e.,
City Manager's Office, City Clerk, City Attorney,
and Finance) to the various line programs (i.e.,
Police, Fire, Public Works, etc.) based on the
percentage that the cost of each line program
bears to the total cost of all line programs;
the theory being that staff programs are designed
to provide services to the line programs. The
allocations are, of course, deducted from the
budgets of the staff programs as "Costs Applied,"
Object No. 0001, so that the total City budget
remains unchanged.
The Equipment Maintenance Division of the Public
Works Department provides a central equipment
pool for all departments except Fire. All depart-
ments using this equipment are charged a rental
rate which reflects the total cost of maintenance
and a replacement allowance. This rental charge
is reflected in each using department's budget
under the account entitled "Rental Internal Organi-
zations," Object No. 6200. The total rental charges
are taken as a reduction in the budget of the equip-
ment maintenance program as "Costs Applied," Object
No. 0001, so that the total City budget is not
changed. For 1977-78, these rental rates have been
adjusted in certain programs to reflect more realis-
tically the cost of operating the applicable equipment.
In view of the relative size of the Operating Budget
which is approximately 25 percent of the General Tax
Rate Category and the nature of the items comprising
it (i.e., utility costs, fuel and oil, equipment
parts), any significant reductions cannot be made
without changing the level of service and resulting
in added costs in the future. The Operating Budget
is directly related to the level of service provided
by the City. For example, it is estimated that it
will cost $333,600 to pay for street lighting energy
charges during 1977-78. This level of service is
provided to residents in conjunction with City policy
to provide street lighting on all City streets.
Many of the operating expenses, such as utilities
and payments for outside refuse contractors, are
difficult to reduce. For example, proposed 1977-78
utility costs total $1,103,115; payments to private
refuse contractors are estimated at $590,170; and
fuel, oil, tires, and equipment parts are projected
to cost $602,870. During the next fiscal year, these
costs alone will amount to approximately 40 percent
of the entire Operating Budget. Many other increases
in operating expenses are attributable to inflation.
The following is a summary of the Operating Budget
indicating (1) the amount proposed for each City
program, (2) the increase or decrease over the amount
approved last year, (3) pertinent comments concerning
the items included in the specific budgets, and (4)
a page number reference to the applicable budget in
the preliminary budget book.
Bakersfield, California, June 20, 1977 - Page 4
143
MANAGEMENT SERVICES
Mayor - (Page 16) $6,410 (+ $765)
This minor increase results from higher requests
in various operating accounts within this budget.
City Council - (Page 18) - $476~600 (+ $58,615)
This increase basically results from the combination
of an increase of $100,000 in the Council's Contin-
gency Account and $9,600 in other outside services
offset by a re duction of $57,100 in the request
for professional and consulting services. Due to
the uncertainties at this time surrounding the
ultimate outcome of State legislation which is
required by Federal law to include local government
in the Federal Unemployment Compensation Program
effective January 1, 1978, an increase in the Contin-
gency Account is needed to provide the necessary
funding.
By more than a 2/3 vote at the 1976 Annual Conference,
the League of California Cities General Assembly
approved the construction of a headquarters building
in Sacramento in lieu of the practice of the last 78
years of leasing office space (see Attachment #2).
The financing method to be used is a special assess-
ment based on population of each city which can be
paid over a three-year period. The City of Bakers-
field's assessment is $9,375; however, by making a
one-time payment by August 1, 1977, a 10 percent
discount can be obtained. The reduction in the
Professional and Consulting Account results from not
budgeting for water engineering consultant fees as
a result of the completion of the acquisition of
Tenneco water rights. The budget amount for audit
fees has been reduced by this Committee by $3,000
as the contract for the annual audit is below the
estimate used in the preliminary budget.
City Manager - (Page 22) - $173,595 (- $17,040)
The decrease is primarily due to a reduction in the
elections budget as there are no councilmanic elections
this next fiscal year. This decrease is offset by a
$10,000 increase in expenses for pre-employment
physical examinations. Funds are included for the
replacement of two typewriters.
Community Promotions - (Page 26) - $29,000 (no change)
This budget provides funds, on a contractual basis,
to the Greater Bakersfield Chamber of Commerce for
industrial promotion and City growth (see Attachment
#3). In addition, funds have been budgeted in the
past for any special tasks the City may specifically
request the Chamber to perform. However, this latter
item has not been utilized very often. The Chamber
is requesting (see Attachment #4) that the City
participate along with the County of Kern and Kern COG
in the establishment of a data bank at Cat-State
Bakersfield. This would provide all types of statis-
tical and economic data on Bakersfield and Kern County
144
Bakersfield, California, June 20, 1977 - Page 5
on a current basis for use by the City, County,
etc. This information would be most useful to
the City in preparation of budgets, bond pros-
pectuses, labor negotiations, and planning. The
City's share would be $10,000 to be funded over
a two-year period. The funds previously mentioned
which have been budgeted for special tasks could
be used for the City's share.
Insurance - (Page 30) - $635,100 (+ $355,100)
The increase is due to additional premiums necessary
for liability and fire insurance coverage. Since
the publication of the preliminary budget, the
staff has been informed by the City's liability
insurance agent that the estimate given to the City
for budget purposes will not be sufficient and an
additional $200,000 should be provided in the budget
at this time. Various alternatives are being pursued
on the City's behalf and the possibility exists this
additional increase may not reach this magnitude.
However, if these efforts fail, it is necessary to
have these funds budgeted in order to pay the premiums.
The staff feels that consideration must now be given
by the City to investigate the feasibility of becoming
self-insured for liability insurance as was done for
Worker's Compensation insurance. With the premium at
its current level and the prospect of it increasing
in future years, possible savings can be made by
becoming self-insured. The staff plans to investigate
the feasibility of such a program in the next fiscal
year.
ENVIRONMENTAL SERVICES
Waste Water Services - (Page 39) - $322,830 (+ $44,810)
This budget is higher primarily due to an increase of
$31,365 for electricity costs. The remaining increase
results from a higher administrative cost allocation
and equipment rental charge. The electricity increase
results from a 20 percent anticipated rate increase;
the addition of the storm drain pump station in Beach
Park which was part of the Northwest Storm Drain Project;
and during the construction of the Southeast treatment
plant's expansion, the current gas powered pumps will
be replaced by electric pumping equipment which is
necessary in order to achieve the higher level of
treatment.
Refuse Management Services - (Page 45) - $1,101,195
(+ $91,785)
This budget is up due to an estimated increase in payments
to private refuse contractors in the amount of $63,035
and a higher administrative cost allocation. The higher
payments to the private refuse contractors result from
increases in the number and type of collections due
to the residential and commercial growth in the South-
west area. Title II funds in the amount of $9,400 are
being proposed to make the final monthly payment (July,
1977) to Sani-Tainer, Inc., for refuse collection in
the downtown area.
Bakersfield, California, June 20, 1977 - Page 6
145
DEVELOPMENT AND TRANSPORTATION SERVICES
Development Services Administration - ~age 55) -
$20,435 (- $8,960)
This budget decrease results primarily from no funds
being included for professional and consulting
services. This year's budget contained $10,000
for various consulting services. This decrease has
been partially offset by a higher custodial services
cost allocation. Funds have been included for the
purchase of an additional filing cabinet.
Planning - (Page 59) $102,935 (+ $55,985)
The increase in this budget is due largely to the
inclusion of $40,000 for professional and consulting
services to perform a water and sewer study in
connection with the Rio Bravo annexation, after it
is annexed to the City. This study is necessary for
long-range planning to provide water and sewer for
the future development of this approximately 20
square mile annexation. The remaining increase
results from higher requests for office supplies
due to greater activity related to subdivisions,
environmental assessments, annexations and zoning,
and a higher administrative cost allocation.
Public Works Administration - (Page 63) - $53,085
(+ $8,945)
This budget is up due largely to higher custodial
services and administrative cost allocation.
Engineering Services (Page 68) $134,370 (+ $24,980)
This budget increase results from higher equipment
rental charges, administrative cost allocation and
custodial services cost allocations. Title II funds
in the amount of $750 are being proposed to purchase
an engineering table and chair, and one set of walkie-
talkies for the construction survey crew.
Streets - (Page 74) - $653,585 (+ $47,115)
Higher equipment rental charges of $45,320 and admin-
istrative cost allocation of $10,840 offset by a
reduction of $11,000 in the estimate for maintaining
canal fences and canal structures result in the increase
in this budget.
Traffic Control (Page 79) - $244,925 (+ $30,565)
Of this increase 50 percent is attributable to higher
electricity costs to operate traffic signals and pay-
ments to the State and County for the City's share of
joint traffic signals. The latter represents mostly
energy costs as well. The remaining portion of the
increase is due to higher equipment rental charges,
cost of traffic paint and administrative cost allocation.
146
Bakersfield, California, June 20, 1977 - Page 7
PUBLIC SAFETY SERVICES
Police Services - (Page 97) - $1,582,650 (+ $92,660)
This increase results from $164,535 of higher requests
for operating materials and charges offset by a
reduction of $71,875 of fixed asset requests. The
primary increases in operating accounts are as follows:
Utilities
Equipment Rental Charges
Custodial Services and
Administrative Cost
Allocation
Other Outside Services and
Charges
Equipment Parts
Office Supplies
All Others
$ 42,005
44,830
57,560
7,620
5,000
8,475
6,665
$164,535
Utility costs are higher primarily due to an increase
of $39,010 in the electricity account. This request
results from anticipated rate increases and the under-
estimate made of electricity costs of the new building
in the current year's budget. As the Council may
recall, $25,000 of the monies recently budgeted of
Title II funds were used for this purpose. Equipment
rental rates have been adjusted based on the first
year's experience of the Police Department being part
of the Equipment Maintenance Division of the Public
Works Department. The rental charges initially
estimated were insufficient. Other outside services
and charges are higher due to the addition of one
school crossing guard during the current year and
budgeting for the first time of veterinarian fees.
By law, the Police Department is required to take
injured stray dogs that are found to a veterinarian.
Additional funds are necessary for equipment parts to
repair Police radios and other communications equipment.
Office supplies are higher due to price increases and
increased printing costs. With the Fire Department
no longer providing printing services, all forms,
reports, etc., will have to be done commercially.
Of the $66,085 of fixed asset requests, $46,800 of
these are being recommended for purchase by Title II
funds. These include the replacement of the Police
Radio Repeater which is 10 years old and unreliable,
the addition of squelch equipment to the radio system
to eliminate the growing interference being experienced
in the communications system from outside sources, the
replacement of twelve handi-talkie radios which are now
11 years old and very worn-out, and the purchase of
three pieces of shop test equipment needed by the
Electronic Technicians.
Bakers£ield, California, June 20, 1977 - Page 8
147
Fire Services - (Page 108) - $913,365 (+ $161,930)
Of this increase, $68,760 results from higher
requests in operating materials and charges and
the remaining $93,170 in increased fixed asset
purchases. The primary increases in operating
accounts are as follows:
General Maintenance Supplies $10,870
Equipment Parts 5,000
Materials and Supplies NOC 5,475
Utilities 18,680
Other Outside Services and
Charges 13,485
Administrative Cost Allocation 8,545
All Others 6,705
$68,760
General maintenance supplies are higher due to
price increases of janitorial and household
supplies, budgeting for the first year of a
three-year program to repair the City's
Christmas lights and stringers, and an improved
station maintenance program. The increase in
equipment parts results from the department
budgeting for communication equipment parts, the
cost of which was previously absorbed by the
Police Department when their Electronic Tech-
nicians repaired Fire Department equipment.
Utility costs are up due to anticipated rate
increases. Other outside services and charges
increases result from $10,000 more being budgeted
for the weed abatement program and budgeting for
outside printing costs.
The $93,170 of higher requests for fixed asset
items are found in the following areas:
Fire Hydrants
Automotive Equipment
Signal & Communications
Equipment
Equipment NOC
All Others
$25,990
8,600
19,430
22,430
16,720
$93,170
As a result of new subdivisions developing in the
City, substantially more fire hydrants will be
required. The increase in automotive equipment is
attributable to the purchase of a diesel engine to
replace a worn-out gas engine in a fire pumper. The
installation of this engine prolongs the life of the
pumper and results in not having to replace the
entire pumper. The major items of signal and com-
munications equipment to be purchased are squelch
equipment (previously mentioned in the Police budget)
and replacement of old handi-talkie radios. Equipment
not otherwise classified contains replacement of hydrant
protector caps, and the purchase of bury extensions
which bolt to hydrant burys for proper hydrant height.
Title II funds in the amount of $43,355 are proposed
for use to purchase Fire Department equipment. The
Bakersfield, California, June 20, 1977 -Page 9
communications equipment request has been reduced
by $2,500 in light of the proposed changes to be
made in the Communication Center.
Building Services (Page 114) - $70,840 (+ $24,245)
This budget reflects an increase due to higher equip-
ment rental charges resulting from additional building
inspectors added this year, higher administrative
cost allocation and the inclusion of the first year
of a three-year microfilming program. As the depart-
ment is required to keep permanently on file permit
applications and blueprints that contain a structural
engineer's seal, it is proposed that these be micro-
filmed which would eliminate thirteen filing cabinets
as well as increase office efficiency.
Repair and Demolition - ~age 117) - $30,000 (no change)
This budget provides funds for the demolition of
dangerous buildings. Costs incurred by the City are
assessed against affected property owners and ulti-
mately paid back to the City.
Councilman Rogers questioned the amount on page 116 of
the Preliminary Budget which shows $80,000.00 budgeted for Repair
and Demolition for Fiscal Year 1977-78 and this report shows only
$30,000.00 budgeted.
Assistant City Manager Kelmar stated the portion in this
report represents the general operations of the City and the
$50,000.00 difference represents the portion of the Community
Development Program, Neighborhood Conservation, which is part of
the Restricted Agency Category.
Street Lighting - (Page 119) $389,355 (+ $74,310)
This increase is due to anticipated rate increases
for electricity.
RECREATIONAL AND CULTURAL SERVICES
Recreation - (Page 128) - $131,910 (+ $12,275)
This budget is increased due to higher utility costs,
custodial services, and administrative cost alloca-
tions. Funds are included for an announcement board
and weight station equipment for the California Avenue
Neighborhood Facility. In April, when the Council
approved the Recreation Budget for 1977-78, the
Auditorium-Recreation Committee was unable to make a
recommendation regarding a summer basketball program
as the Kern High School District had not committed
the school gymnasiums for this program. Since then,
the District has agreed to this and it is the recom-
mendation of this Committee that this program, as
Bakersfield, California, June 20, 1977 - Page 10
149
outlined in Attachment #5, be added to the Recrea-
tion Budget with a maximum cost of $2,500. The
Auditorium-Recreation Committee also concurs with
this recommendation.
Parks - (Page 134) - $581,500 (+ $59,610)
The major increases in this budget are due to higher
utility costs of $18,050, equipment rental charges
of $19,415, and administrative cost allocation.
General maintenance supplies request is up $6,000
due to increased park acreage and median islands to
be maintained. Funds are included to replace obsolete
sprinkler heads, a portable sewer auger, and portable
welder. Title II funds are proposed to be used to
replace worn-out playground equipment and obsolete
pool filters and a gas chlorinator totaling $6,000.
Auditorium - (Page 139) - $240,965 (+ $13,155)
This budget is increased due to higher utility costs
and administrative cost allocation offset by a
reduction in fixed asset requests. Funds are included
for the replacement of old microphones and boomerangs
for spotlights, modifications of the sound system, and
the purchase of tables to replace some of those acquired
when the building was new.
Cunningham Art Gallery - (Page 144) - $3,205 (- $1,690)
This reduction results from a decrease in the utility
costs necessary to operate the building and the cus-
todial services allocation.
SUPPORT SERVICES
Finance (Page 153) - $66,600 (+ $10,715)
Increases in the Finance budget are due to higher
duplicating costs, the increased cost of maintenance
of office machines, and higher custodial services and
administrative cost allocations. Funds are included
in fixed assets to replace a typewriter, purchase a
chair, printing calculator, and a portable calculator.
Title II funds in the amount of $445 are proposed to
be used to replace a more than ten year old printing
calculator in the Accounting Division.
Data Processing - (Page 159) - $78,695 (+ $10,530)
This budget is higher due to a computer rental increase
effective July 1, 1977, price and usage increase for
data processing forms and cards, and higher adminis-
trative cost and custodial services allocations.
Funds are included for the purchase of additional
disk packs and two filing cabinets.
Bakersfield, California, June 20, 1977 - Page 11
City Attorney - (Page 164) - $39,935 (- $45,655)
This decrease is primarily attributable to a
reduction of $50,000 in the professional and
consulting services account. This results from
the completion of the acquisition of Tenneco water
rights and, thus, not having to budget for water
attorney consulting fees.
Councilman Christensen asked what it cost the City of
Bakersfield to acquire the rights to the Kern River water.
City Manager Bergen stated the total cost over the last
seven to ten years was close to $1,000,000.00. This figure repre-
sents all consultants' fees, including the sale of bonds.
General Services - (Page 169) - $228,080 (+ $53,185)
Of this increase, $41,405 relates to utility costs.
This results from anticipated rate increases and
budgeting for the new Corporation Yard facility.
The remaining increase primarily relates to the
higher costs of maintenance agreements for elevators
and air conditioning equipment. Funds are included
for the replacement of an original heating and
cooling unit in one of the outside ticket booths at
the Auditorium.
Equipment Management - (Page 174) - $88,175 (-$87,225)
Equipment Management is responsible for the maintenance
of 470 pieces of equipment for all departments except
Fire. The above program cost of $88,175 includes the
sum of the total salaries and supplemental benefits,
operating expenses, and departmental capital outlay,
less the equipment rental charges made to other depart-
ments and the Water Department for the use of the
equipment.
The operating expense portion before rental charges to
departments amounts to $1,274,068 or $129,465 more
than last year. Of this, approximately $95,000 is
related to the Water Division equipment. The remaining
portion is primarily attributable to the budget for
tire purchases. Upon assumption of the maintenance
program for Police vehicles, insufficient funds had
been originally estimated for this need.
The decrease in the overall budget results from the
adjustment made in rental rates in certain programs
to reflect more realistically the cost of operating
the applicable equipment.
Recommended fixed asset purchases include a portable
storm water pump to be used in the event of power
failures, an additional sand spreader to reduce delays
and increase annual sand sealing production in the
Street Maintenance Division, and a striping machine
that will enable crosswalks to be completed in less
than half the time it currently takes. Title II funds
in the amount of $12,700 are proposed to be used for
fixed asset purchases in this program.
Bakersfield, California, June 20, 1977 - Page 12
151
City Manager Bergen stated the City has established a
liability on the books of the Water enterprise, and the City will
be repaid from profits of the Water enterprise as it materializes.
Equipment Replacement - (Page 179) - $579,650
Of this total, $390,650 relates to the replacement
of equipment under the supervision of Equipment
Management. There are 107 pieces of equipment that
will be fully depreciated in the coming fiscal year;
however, only 43 are being recommended for replace-
ment. The major items are two street sweepers, a
motor grader, a hydraulic sewer cleaning truck, and
a street patch truck.
The remaining $189,000 pertains to Fire Department
equipment. The major item being the purchase of a
100 foot Aerial Ladder Truck to replace a 1952, 65
foot Aerial Ladder Truck. This new piece is neces-
sary as well, in light of the number of taller
buildings being constructed in the City.
Survey of City Charges and Fees
The Budget Review and Finance Committee report on
the operating budget last year recommended the staff
review the City's charges and fees. During this
fiscal year, recommendations were made and approved
by the Council in recreation and auditorium fees and
charges. This Committee has reviewed a report from
the Police Chief (see Attachment #6) regarding
fingerprinting fees and the Public Works Director
(see Attachment #7) relating to the charge for special
pickups by the Street Cleaning Section and permit fees.
The Committee concurs with these recommendations that
(1) a $2.00 fee be established for all fingerprint
impressions rolled by the Police Department, (2) the
fee for special pickups by the Street Cleaning Section
be increased to $25.00 per hour to help defray costs,
and (3) the charge for street opening, sidewalk, curb
and gutter, and driveway permits be increased to $5.00
and if the City performs a compaction test on tests
for the work under the permit, a charge of $10.00 per
permit would be necessary. The staff also indicated
further recommendations would be forthcoming during
this next fiscal year.
City Manager Bergen stated it is recommended that these
fees be effective July 1, 1977.
Conclusion
The Committee has reviewed these budget requests
in light of City growth and continued inflation.
However, it must be remembered that the operating
budget is closely tied to current levels of service
and as a result it is difficult to make significant
reductions. Therefore, this Committee recommends
acceptance of this report and the adoption of the
attached resolutions relating to the changes in
City charges and fees.
Bakersfield, California, June 20, 1977 - Page 13
Upon a motion by Councilman Sceales, Budget Review and
Finance Committee Report No. 5-77 regarding Operating Budget for
Fiscal Year 1977-78, was accepted, by the following roll
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Medders, Ratty,
Sceales, Strong
None
None
Upon
of the Council
permits, brush
was adopted by
Ayes:
Noes:
Absent:
Adoption of Resolution No. 49-77 of
the Council of the City of Bakers-
field setting fees for certain permits,
brush hauling and special pick-ups of
miscellaneous items.
call vote:
Rogers,
a motion by Councilman Sceales, Resolution No. 49-77
of the City of Bakersfield setting fees for certain
hauling and special pick-ups of miscellaneous items,
the following roll call vote:
Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
None
None
Adoption of Resolution No. 50-77 of
the Council of the City of Bakers-
field setting fees for Fingerprinting
services performed by the Police
Department.
Upon a motion by Councilman Sceales, Resolution No. 50-77
Ratty, Rogers,
None
Ayes:
Noes:
Absent:
None
Councilmen Barton, Christensen, Medders,
Sceales, Strong
of the Council of the City of Bakersfield setting fees for Finger-
printing services performed by the Police Department, was adopted
by the following roll call vote:
Bakersfield, California, June 20, 1977 - Page 14
Recess.
The Council recessed its budget
until Tuesday, June 21, 1977 at 7:00 P.M.
hearings at
8:45 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
CITY fZ~ERK and Ex-~ficio Clerk of the Council
of the City of Bakersfield, California
ma
154
Bakersfield, California, June 21, 1977
Minutes of the Council of the City of Bakersfield,
California, meeting in budget sessions at 7:00 P.M., June 21,
1977.
The meeting was called to order by Vice-Mayor Medders.
The City Clerk called the roll as follows:
Present: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Absent: Mayor Hart
Councilman Rogers, member of the Governmental Efficiency
and Personnel Committee, read Report No. 9-77 regarding Recommen-
dations Regarding Reclassifications, New Positions, Salary Adjust-
ments and Title Changes, as follows:
During the past few months, the City Manager's
Office has reviewed various budget requests for
additional personnel, reclassifications, salary
adjustments, and title changes which were made
by department heads. Departmental requests were
made for 38 additional employees and several
reclassifications which, if allowed, would result
in an additional cost of approximately $630,000.
After reviewing these requests and considering
service level and anticipated revenue, the City
Manager reduced these requests from 38 to 11 new
positions.
Attached to this report is a memorandum from the
City Manager to the GEP Committee which outlines
the Manager's recommendations for fiscal year
1977-78. The GEP Committee has met with the staff,
and we concur with most of the Manager's recommen-
dations; however, in some areas we have suggested
further studies be made during fiscal year 1977-78.
After careful consideration, the GEP Committee is
recommending the following:
Public Works Department
1. One additional position of Trades Assistant--
General Services Division.
One new position of Park Maintainer--Parks
Division. The GEP Committee will consider one
additional employee during the year on a need
basis.
3. One new classification of Park and Landscape
Designer--Engineering Division.
4. Two new positions of Electrical Technician II--
General Services Division.
5. One new position of Building Maintainer I--
General Services Division.
Bakersfield, California, June 21, 1977 - Page 2
155
One new classification of Parts and Materials
Clerk--Equipment Division.
7. One reclassification of Traffic Painter I to
Traffic Painter II.
8. One reclassification of Draftsman I to Engi-
neering Technician I--Engineering Division.
10.
11.
One reclassification of Engineering Technician
I to Engineering Technician II--Engineering
Division.
Elimination of one Tree Maintainer I position.
Elimination of Automotive Service Worker I
and II classifications and creation of a new
classification of Automotive Service Worker
at the Automotive Service Worker II pay scale
and reclassification of two Automotive Service
Workers II to Trades Assistant.
Police Department
1. One new position of Clerk Typist II.
2. One new position of Police Laboratory Technician.
Creation of a new classification of Transcribing
Typist and reclassification of three Clerk Steno-
grapher II's and two Clerk Typist I's to Trans-
cribing Typist.
The GEP Committee will review the Police Officers'
Standards and Training (P.O.S.T.) survey in the near
future, and possibly make further recommendations
during fiscal year 1977-78.
Salary Adjustments and Title Changes
Adjustment of salary range of Telecommunicator
Telecommunicator II, and Senior Communications
Operator of 10%.
Change the title of the Telecommunicator I,
Water Department, to Water Dispatcher, and
change the title of Senior Communications
Operator, Water Department, to Water Supervisor.
o
Elimination of the classification of Deputy City
Manager and adjustment of Assistant City Manager's
salary by 2~%.
4. Adjustment of temporary salary schedule in accor-
dance with minimum wage law.
The total cost to the City for these changes will be
$160,523. In order to effectuate these changes, the GEP
Committee is recommending approval of this report, the
attached job specifications, and the attached salary
schedule.
1.56
Bakersfield, California, June 21, 1977 - Page 3
Upon a motion by Councilman Rogers, Governmental Effi-
ciency and Personnel Committee Report No. 9-77 regarding Recom-
mendations Regarding Reclassifications, New Positions, Salary
Adjustments and Title Changes, was accepted; and recommendations
as contained in the report, were approved.
Councilman Strong, Chairman of the Governmental Effi-
ciency and Personnel Committee, read Report No. 10-77 regarding
Salaries and Supplemental Benefits, as follows:
In compliance with State law and the City's
Employer-Employee Relations Ordinance, the
City's designated representative, Nick Counter,
along with the Management team, has held
numerous meet and confer sessions with repre-
sentatives of the International Brotherhood of
Police Officers and the Teamsters Union, which
represents the City's Fire Fighters. In addi-
tion, the Management team has consulted with
representatives of the General Employees Super-
visory Unit, the Confidential Unit, and the
Police Supervisory Unit. The GEP Committee met
with the Management Unit regarding their requests
for salaries and supplemental benefits. In all
cases, with the exception of the Police Unit,
agreements have been reached. The Police Unit
has notified the Management team that they are
not satisfied with the City's last offer;
therefore, they have chosen to pursue the
impasse procedure. The City Council will meet
in the near future to determine a method of
resolving this impasse.
Based upon guidelines established by the City
Council and facts presented to the City's
designated representative and Management team
during the meet and confer sessions, the GEP
Committee makes the following recommendations
for salaries and supplemental benefits with
regard to all units, with the exception of the
Police Unit:
Fire Unit and Fire Supervisory Unit
(Represented by California Teamsters Union
Local 911)
Two-Year Contract
1. Effective the first pay period in July, 1977,
a 3% across-the-board salary increase.
2. Effective the closest pay period to April 1,
1978, a 4% across-the-board salary increase.
Effective the closest pay period to July 1,
1978, a 3% across-the-board salary increase.
Bakersfield, California, June 21, 1977 - Page 4
4. Effective the closest pay period to April 1,
1979, a 4% across-the-board salary increase.
o
Effective July 1, 1977, increase the City's
contribution to medical insurance $15 per
month.
Effective July 1, 1978, increase the City's
contribution to medical insurance an addi-
tional $15 per month.
Effective July 1, 1977, an increase of $50
annually towards uniform allowance.
This agreement costs $156,100 during fiscal year
1977-78, and averages 4.94% of total compensation.
The second year costs $157,990, and averages 4.63%
of total compensation.
Confidential Unit
1. Effective the first pay period in July, 1977,
a 5% across-the-board salary increase.
2. Effective the first pay period in April, 1978,
a 3% across-the-board salary increase.
Effective July 1, 1977, an increase of $5.19
per month towards medical insurance programs.
Total cost of this package is $20,630, or 6.25%,
based on total compensation for fiscal year 1977-78.
General Employees Supervisory Unit
1. Effective the first pay period in July, 1977,
a 5% across-the-board salary increase.
2. Effective the first pay period in April, 1978,
a 3% across-the-board salary increase.
3. Effective July 1, 1977, an increase of $5.19
per month towards medical insurance programs.
Total cost of this package is $55,130, or 5.90%,
based on total compensation for fiscal year 1977-78.
In addition, we are recommending the authorization
of 12 additional Supervisor II positions, which will
allow the Public Works Director more latitude in
promotions for Maintenance Craft Worker II's and
Supervisor I's. This does not increase the present
number of personnel. Total cost of this package is
$14,550.
Police Supervisory Unit
1. Effective the first pay period in July, 1977,
a 5% across-the-board salary increase.
Effective the first pay period in April, 1977,
a 3% across-the-board salary increase.
Effective July 1, 1977, an increase of $5.19
per month towards medical insurance programs.
Bakersfield, California, June 21, 1977 - Page 5
Effective July 1, 1977, 100% of the
insurance premium paid by the City
for each employee equal to employee's
projected annual salary to the nearest
$500.
Total cost of this package is $33,600, or 6.09%
based on total compensation for fiscal year
1977-78.
Management Unit
1. Effective the first pay period in July, 1977,
a 5% across-the-board salary increase.
2. Effective the first pay period in April, 1977,
a 3% across-the-board salary increase.
Effective July 1, 1977, an increase of $5.19
per month towards medical insurance program.
Total cost of this package is $112,080, or 5.85%,
based on total compensation for fiscal year 1977-78.
Retired Employees
Requests were received regarding improved benefits
for retired employees; however, the Committee is
not ready to make recommendations at this time.
We will study these requests and possibly make
recommendations during fiscal year 1977-78.
The total cost of these packages is $392,090, or
5.47% increase of total compensation for all units.
In order to implement these changes, the GEP Com-
mittee recommends Council approval of the attached
Memorandum of Understanding with the California
Teamsters Union Local 911, approval of the attached
amendments to the Personnel and Compensation Ordi-
nance, and the attached Resolution setting salaries
and supplemental benefits, and adoption of the
attached salary schedule.
Upon a motion by Councilman Strong, Government Efficiency
and Personnel Committee Report No. 10-77 regarding Salaries and
Supplemental Benefits, was accepted; and Memorandum of Understanding
with the California Teamsters Union Local 911 and salary schedule,
were approved.
Adoption of Resolution No. 51-77 of
the Council of the City of Bakers-
field setting Salaries and Related
Benefits for Officers and Employees
of the City of Bakersfield.
Upon a motion by Councilman Strong, Resolution No. 51-77
of the Council of the City of Bakersfield setting Salaries and
Bakersfield, California, June 21, 1977 - Page 6
159
Related Benefits for Officers and Employees of the City of Bakers-
field, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Noes: None
Absent: None
Adoption of Ordinance No. 2358 New
Series of the Council of the City
of Bakersfield repealing Section
3.18.136, amending Subsections (e)
and (g) of Section 3.18.200 of the
Municipal Code concerning Compensa-
tion for Officers and Employees of
the City of Bakersfield.
Upon a motion by Councilman Strong, Ordinance No. 2358
New Series of the Council of the City of Bakersfield repealing
Section 3.18.136, amending Subsections (e) and (g) of Section
3.18.200 of the Municipal Code concerning Compensation for Officers
and Employees of the City of Bakersfield, was adopted by the
f~l~wing roll call vote:
Ayes:
Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Barton
Noes: None
Absent: None
Recess.
Upon a motion by Councilman Sceales, the Council recessed
its budget hearings at 7:35 P.M. until Wednesday, June 22, 1977
at 7:00 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
CITY/CLERK and-Ex-O/~icio Clerk of the Council
of the City of Bakak,'sfield, California
ma
160
Bakersfield, California, June 21, 1977
Minutes of a recessed meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 7:35 P.M., June 21, 1977.
The meeting was called to order by Vice-Mayor Medders.
The City Clerk called the roll as follows:
Present: Councilmen Strong, Barton, Christensen, Medders, Ratty,
Rogers, Sceales
Absent: Mayor Hart
Reports.
Councilman Sceales, Chairman of the Intergovernmental
Relations Committee, stated that Assistant City Manager Buell
would present a verbal report regarding Dog Licenses and Fees.
Assistant City Manager Buell gave the following Report
No. 2-77 from the Intergovernmental Relations Committee regarding
Dog Licenses and Fees:
For some months the Intergovernmental Relations
Committee has had under study the various aspects
of the City's policies, resolutions and ordinances
concerning animals and animal control.
Basically there are three phases to the animal
situation:
1. Animal Regulations - Ordinance and fee structure.
2. Animal Impoundment - Operation of the Pound
Facility.
3. Animal Control.
The City does not currently operate the pound
facility. It is being operated, under contract,
by the County of Kern and they are utilizing the
City's former facility on Brundage Lane and Mt.
Vernon Avenue.
The City currently runs its own Animal Control
operation. Animal Control is that portion of the
operation which checks out complaints such as,
checking dogs for licenses, picking up stray
animals and enforcing the leash law.
In regards to regulations, the last major revision
to Chapter 9 of the Municipal Code, which deals
with animals, was 1949. At that time the fees
for impoundment were established and they have not
been raised since then. The license fees were
last revised in 1970. The fees are considerably
out of date and not adequate to the job at hand.
Bakersfield, California, June 21, 1977 - Page 2
161
The Intergovernmental Relations Committee would
recommend that an ordinance be adopted which
would contain the following changes:
The definition of a "Kennel" be extended to
cover any place where three or more dogs,
over four months old, are kept, boarded,
trained, bred or sold.
Adopt a License Fee which is the same as
currently in effect in the County of Kern,
a $4.00 annual fee, but the license cover
a two year period and cost $8.00. State
law requires that a lesser fee be charged
for spayed or neutered animals. The County
provision is $1.00 per year and the Committee
would recommend the same.
Redemption Charges. Chapter 9.08.030 gives
specific authority to the Health Officer to
impound animals picked up within the City,
but it does not give him authority to set
the fees. It is the Committee's recommenda-
tion that the Health Officer be allowed to
set the fees equivalent to the County fees
for the redemption of animals given over to
the pound. The County last set their fees
in February, 1976.
Upon a motion by Councilman Sceales, the City Attorney
was requested to present an ordinance, containing the provisions
outlined in the report, to the Council for first reading at the
meeting of June 27, 1977.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 7:45 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
oCfITY~E~K a fflclo Clerk of the
the C~tyK a~~d, California Council
ma
162
Bakersfield, California, June 22, 1977
Present:
Absent:
Minutes of the Council of the City of Bakersfield,
California, meeting in budget sessions at 7:00 P.M., June 22,
1977.
The meeting was called to order by Vice-Mayor Medders.
The City Clerk called the roll as follows:
Councilmen Barton, Christensen, Medders, Ratty, Rogers
(seated at 7:25 P.M.), Sceales, Strong
Mayor Hart
Public Hearing on Federal Revenue
Sharing Funds.
Vice-Mayor Medders declared the meeting open
hearing on Revenue Sharing Funds.
for public
City Manager Bergen stated that the Planning Commission
held a public hearing on May 18, 1977 on the proposed use of
Federal Revenue Sharing Funds.
Mr. Sherman Tyler, representing the Kern County Commission
on Aging, stated they would like to have a multi-purpose senior
citizens complex and requested funds in the amount of $30,000.00
for site acquisition, environmental study and report and on site
development design. Mr. Tyler stated that there is plenty of money
available for senior citizen projects but they must have a show of
confidence from the County and City.
City Manager Bergen stated the Council and staff supported
the formation of the Commission on Aging; however, the Commission
needs a responsible government agency to assist them in obtaining
their goals. The City supported the County in forming this Commission.
Nevertheless, it is very difficult, or at least inappropriate, for
the City to be the responsible government agency because the majority
are not City residents. The County should be the lead agency to give
this Commission assistance and provide that responsible government
agency because all are County residents. Then the City would be in
a position to react to specific proposals.
Bakersfield, California, June 22, 1977 - Page 2
163
Mr. Tom Folsom, Staff Secretary for the Kern County
Commission on Aging, outlined that the Commission has no specific
goals but is responding in this instance to the publicized oppor-
tunity to appear before the Council relative to the solicitation
of comments particularly from older people or their representatives
with respect to the use of Revenue Sharing Funds. With respect to
the County, there are various departments that provide services to
the County, there are various departments that provide services for
people--the Welfare Department, Recreation Department, Public Health
Department, Kern Medical Center, Veterans Services--and as a result
the Commission on Aging and its staff were never authorized to provide
any direct services. Our role in this respect has been one of an
advisory role to the County Board of Supervisors to work in a liaison
relationship with the State Department of Aging to coordinate with the
various organizations and agencies in the County of Kern that are
working on social service programs and community service programs
which elderly people can take advantage of. This is particularly the
function of the Commission on Aging and its staff and as far as the
County is concerned.
Councilman Rogers now in attendance at the meeting.
City Manager Bergen recommended that the Council request
the Board of Supervisors to take an active part and become the lead
agency in the matter of aiding senior citizens.
Upon a motion by Councilman Barton, the Intergovernmental
Relations Committee was requested to communicate with the Board of
Supervisors regarding the County addressing the problem of the senior
citizens and report back to the Council.
No one in the audience wishing to speak regarding Federal
Revenue Sharing Funds, Vice-Mayor Medders closed the public hearing.
164
Bakersfield, California, June 22, 1977 - Page 3
Capital Improvement Program 1977-78.
City Manager Bergen stated that the Capital Improvement
Program is for five years, 1977-82, but only the first year is
formally approved for funding as part of the current year's budget.
The remaining four years are for planning purposes only; they are
not being adopted or funded tonight. Mr. Bergen suggested that the
Council retain their copies of the 5-Year Program and make comments
or suggestions during the ensuing year.
Sometime in April of this year the staff submitted
of the Preliminary Capital Improvement Program to the Council
comments and suggestions. Then the Preliminary Capital Improvement
Program, together with Council comments, was submitted to the Plan-
ning Commission for their review and public hearing held May 18,
1977.
Mr. Bergen read a letter from the Planning Commission,
dated May 18, 1977, as follows:
The Planning Commission of the City of Bakersfield here-
with submits the Capital Improvement Program for the
years 1977-82, inclusive, pursuant to Title 17,
Chapter 3, Section 65401 of the State Conservation
and Planning Law.
The Commission recommends approval of the five-year
Capital Improvement Program, as submitted and reviewed,
with the following modifications:
RECREATION AND CULTURAL SERVICES
BEACH PARK
Restroom and snack bar - $35,000
Recommendation:
Restroom and snack bar - $35,000 DEFER TO 1979-82
BEACH PARK
Additional security lighting -
$10,000 1978-79
Recommendation:
Additional security lighting -
$10,000 CONSIDER 1977-78
The Commission also wished to recommend the purchase
of additional properties within the Civic Center Complex,
when available, for future parking needs.
copies
for
Bakersfield, California, June 22, 1977 - Page 4
Mr. Bergen stated the Capital Improvement Budget is
divided into five major service sections:
1. Environmental Services
2. Recreation and Cultural Services
3. Public Safety Services
4. Development and Transportation Services
5. Support Services
The Council and staff reviewed the Capital Improvement
Program for Fiscal Year 1977-78 by categories, as follows:
ENVIRONMENTAL SERVICES
A total of $8,483,000 is proposed for improvements
related to storm drains, sewers, and waste water
treatment for the next five years.
The major project, in the amount of $5,330,000, is
the expansion of Sewage Treatment Plant No. 3 in
the southwest area proposed for the 1979-82 period.
This need results from the tremendous growth that
is occurring in this area. This project will be
financed primarily through grants from the Environ-
mental Protection Agency. The local share is
proposed to come from bond funds.
Storm drains, in the amount of $1,921,000, are
proposed in this five-year program. This includes
the completion o£ both the northwest and northeast
storm drain projects.
Sewer projects total $1,229,000--the most significant
being the Panama Lane Interceptor Sewer in the
amount of $600,000. It is also necessitated by the
growth and annexations in the southwest area. It
will be financed in a similar fashion as the expansion
of Plant No. 3.
Councilman Barton stated that the 7th Ward has had drainage
problems on Laurel Drive, Sandra Drive and Chadbourn Street and it
is his intention to request that the Sandra Drive Storm Drain project
at a cost of $20,000.00 be placed in the current year's budget rather
than sometime between 1979-1982.
Director of Public Works Hawley stated that there have
been problems caused by debris in the pumps on two occasions in the
last year. If funds were available it would be desirable to modify
and enlarge these pump stations. An attempt was made to come up with
Bakersf±eld, Californ±a, June 22, 1977 - Page
a priority on the projects, but the Sandra Drive project was not
included in the current year's funding.
Councilman Barton made a motion that the Sandra Drive
Storm Drain Project at a cost of $20,000.00 be moved up and placed
in the current year's budget. After discussion, Councilman Barton
withdrew his motion.
Councilman Rogers pointed out that the Northeast Bakers-
field Drainage Project (page 5 of the budget) total for 5 years
should be $150,000.00 rather than $50,000.00.
RECREATION AND CULTURAL SERVICES
A total of $1,296,940 is proposed for improvements
related to parks and the Civic Auditorium.
Of the $295,740 requested for park improvements
for the 1977-78 fiscal year, $244,980 or approximately
83 percent will be financed from various state and
federal revenue sources. The improvements proposed
for Beach Park represent the largest park request.
These improvements will be made in conjunction with
the handball-racquetball and tennis complexes to be
constructed in Beach Park.
Funds totaling $545,000 are proposed for Auditorium
improvements including $400,000 for a storage building
and $145,000 for property acquisition adjacent to the
facility for future parking purposes.
City Manager Bergen stated the City entered into a Ground
Lease in August 1976 with Burke, Kuttler & Beguelin for a racquetball/
handball facility in Beach Park, which is now under construction and
should be completed by December, 1977. The City also entered into a
Ground Lease with Robert P. Mahoney for a tennis/restaurant complex
and a commitment has not been received.
Mr. Bergen suggested that a letter be sent to Mr. Mahoney
requesting a status report because of the $35,000 in the budget for
a snack bar and restroom in Beach Park which is tied in with the
proposed tennis/restaurant complex.
Upon a motion by Councilman Rogers, the staff was requested
to write a letter to Mr. Robert P. Mahoney requesting a status report
on the proposed tennis/restaurant complex in Beach Park.
Bakersfield, California, June 22, 1977 - Page 6
167
Public Works Director Hawley suggested, as recommended
by the Planning Commission, that the $10,000.00 for security lighting
in Beach Park be moved forward from the 1978-79 budget to the 1977-78
budget subject to available funds.
Upon a motion by Councilman Christensen, the Council recessed
at 8:35 P.M. and reconvened at 8:50 P.M.
PUBLIC SAFETY SERVICES
A total of $1,121,100 is proposed for improvements
related to the Police and Fire Departments.
The $84,100 included for the Police Department
includes a new firing course at the Pistol Range
and some modifications deemed necessary in the
Communications Center.
Of the $1,037,000 proposed for the Fire Department,
$155,000 is included for the City's share of a fire
training facility to be constructed at the old fair-
grounds. This would be a joint City-County project
with the County providing the property and other
improvements. It would serve both departments.
Also proposed is a three-phased project in the amount
of $645,000 to expand and remodel the facilities at
Station No. 1. This building constructed in 1939 is
no longer capable of meeting the current space needs
of the department.
Assistant City Manager Kelmar stated that $155,000.00 is
budgeted for a joint City-County Fire Training Facility at the old
fairgrounds in the 3800 block of Chester Avenue. Currently the only
training facility the City has is a tower at Fire Station No. 1 that
was constructed in 1939 and it is not adequate for present day needs.
After discussion, upon a motion by Councilman Barton, the
staff was requested to send a letter to all Kern County Public entities
inviting them to an informal meeting in the Council Chambers to discuss
the concept of a Public Services Training Facility for Police and Fire,
prior to closing of budgets in July or August.
DEVELOPMENT AND TRANSPORTATION SERVICES
A total of $8,651,000 is proposed for improvements
related to streets, traffic signals, and parking.
The projects connected with the Truxtun Avenue
Extension total $2,402,000. Of this, $1,892,000
or approximately 79 percent will be financed by
168
Bakersfield, California, June 22, 1977 - Page 7
various state and federal revenue sources.
Truxtun Avenue will be extended to Stockdale
Highway in two phases. In addition, $262,000
is being proposed to assist in alleviating the
traffic problem in the area of Highland High
School.
A total of $745,000 is included over the 5-year
period to acquire property in the Civic Center
area as it becomes available between 16th Street
and the railroad tracks and "H" and Eye Streets
to meet future parking needs.
City Manager Bergen stated that the Council reaffirmed
its policy of the Civic Center Plan and authorized purchase of vacant
property as it becomes available, and $140,000.00 has been budgeted
for expansion and parking.
Councilman Rogers stated that free parking for City
employees is part of their compensation and it should be noted in the
salary negotiations next year.
Councilman Ratty suggested that before the reconstruction
begins on 18th Street in a few years that Public Works discuss it
with the property owners well in advance of construction.
Director of Public Works Hawley stated that there are
several projects planned in the central business area which should be
discussed with property owners before construction.
SUPPORT SERVICES
A total of $3,275,500 is proposed for improvements
related to the Corporation Yard and City Hall.
The $1,065,500 included for the Corporation Yard
represents the final funds necessary to complete
this facility, which should be ready for occupancy
in early 1978.
Of the $2,210,000 included for City Hall, $100,000
is proposed for improvements to the 1st floor,
West Wing. These would include modifications to
the Caucus Room area and lobby area and restrooms
outside the Council Chambers to provide for the
handicapped.
The remaining City Hall funds would be used to
construct a new structure located south of the
present West Wing and connected thereto. It is
initially proposed this building consist of a
basement, ground level, and an upper level. However,
it would be constructed to allow for a multi-story
building if necessary. The architects, contracted
Bakersfield, California, June 22, 1977 - Page 8
169
for by the Council, have completed their space
needs study of City Hall, and recommend this
concept before any other funds are spent on the
existing building to provide additional space.
City Manager Bergen stated that when the present City Hall
was designed, 25 years ago, the population of the City according to
the 1950 Census was 34,784 and the present population is 82,000;
the area of the City at that time (25 years ago) was 8.86 square
miles and the present incorporated area is a little over 34 square
miles, and annexations are in process that will increase it approxi-
mately 30 square miles, which means the incorporated area will probably
be approximately 64 square miles in one year. When the City Hall was
first occupied in 1955 there were 50 employees working in City Hall;
today there are 107 employees. The only expansion that has been made
to City Hall since 1955 is the Second Floor, West Wing, which has 7
employees. Space in the City Hall is beyond the point of efficiency.
Mr. Bergen stated that it is very important to keep the
City Hall employees together for public convenience and to avoid the
tendency to expand and request more employees if different departments
are located in other areas.
Councilman Barton stated he would like to make changes in
the budget which will not have an effect on any other ward or an
impact on the budget.
Director of Public Works Hawley outlined the changes as
follows:
ENVIRONMENTAL SERVICES
Defer the Laurel Drive Storm Drain construction
between Beryl Drive and Rosalia Drive for one
year (Page 5) - $30,000.00.
Change the $50,000.00 budgeted for the Hughes
Lane Storm Drain construction between Westhaven
Avenue and Planz Road to $34,000.00 for 1977-78
and $16,000.00 for 1978-79. (Page 5)
Add Chadbourn Street Storm Drain for $26,000.00
in 1977-78.
Add $20,000.00 for construction of the Sandra
Drive Pump Station in 1977-78.
170
Bakersfield, California, June 22, 1977 - Page 9
Upon a motion by Councilman Barton, petition from parents
of children attending Leo G. Pauley School and letter from Joyce
Wardlaw, President of Planz P.T.A., requesting School Crossing
Guards, were accepted and referred to the staff for study and recom-
mendation.
Councilman Sceales suggested that the persons responsible
for preparing these budgets contact each Councilman personally for
their input and needs in their wards.
Upon a motion by Councilman Strong, the Capital Improve-
ment Program for Fiscal Year 1977-78 was approved as modified.
Adoption of Resolution No. 52-77 of
the Council of the City of Bakers-
field approving and adopting the
Budget for the Fiscal Year 1977-78.
Upon a motion by Councilman Strong, Resolution No. 52-77
of the Council of the City of Bakersfield approving and adopting
the Budget for the Fiscal Year 1977-78, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers,
Sceales, Strong
Noes: None
Absent: None
City Manager Bergen urged the Council to contact the staff
during the year for input into the Capital Improvement Budget. Projects
are not done by wards; the staff tries to do them by need. Expenditures
cannot be distributed evenly in each ward each year. They probably
even out over the long run.
Adjournment.
There being no further business to come before the Council,
sitting in Budget Sessions, upon a motion by Councilman Christensen
the meeting was adjourned at 10:05 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
CITY ~LERK and Ex-Off~c~o Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, June 27, 1977
171
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., June 27, 1977.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Don Rogers.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Christensen, Medders, Ratty,
Rogers, Strong, Barton
Absent: Councilman Sceales
Minutes of the regular meetings of June 20 and 21, 1977
and budget sessions of June 20 and 21, 1977 were approved as presented.
Correspondence.
Upon a motion by Councilman Rogers, communication from
Mr. Louis G. Whitfield, Chairman, Miscellaneous Departments Civil
Service Board, dated June 27, 1977, recommending that the City Council
consider a replacement for Mr. Arturo Rios to the Miscellaneous Depart-
ments Civil Service Board, was received and placed on file.
Council Statements.
Councilman Christensen requested that the City Clerk read
into the record the memorandum to the City Council from City Manager
Bergen regarding Report on Council Meeting Dates, as follows:
At the Council meeting of June 13, 1977, a
majority of the City Council requested that
the City Manager give a detailed report "as
to how one or two people would keep busy with
the Fair Political Practice Filings and Conflict
of Interest."
The reason the reference to the City Clerk's
office was even included in the report on
Council meeting dates was because it is the
only office that would see a possible reduction
in workload because of fewer minutes and agendas.
The specific paragraph is quoted from the report
as follows:
"While the specific actions of the
Council do not necessarily take a
great deal of time, it has become
far more complex to implement those
actions, particularly when measured
in the workload of the City Clerk's
office. That office has had to take
Bakersfield, California, June 27, 1977 - Page 2
on additional responsibilities of
the Fair Political Practice Filings,
as well as the Conflict of Interest
Codes for all one hundred and sixty
designated City employees and board
and commission members. This has
been an additional burden on that
office, and that, coupled with the
work of processing the Council's actions
is going to necessitate an additional
employee or two in that office in the
very near future."
I must respond by indicating that the particular
reference to numbers of employees was taken out
of context during the Council's discussion and
several significant points were overlooked.
First, the statement that the City Clerk's office
has taken on additional work of the Fair Political
Practice Filings and Conflict of Interest was not
intended to infer these filings alone would justify
additional personnel, nor that it would even keep
one person busy full time. Secondly, the report
did state these filings, "coupled with the work of
processing the Council's actions." There was no
request for personnel made in the report.
The additional duties of filing were included
because they come due at times prescribed by law
and the other duties of the office must be deferred.
The additional time available under a twice-per-
month schedule would help to lessen this peak impact.
The reference to additional employees should have
indicated that coupled with the increasing work of
processing Council's actions, it will be necessary
to evaluate the need for an additional employee
in that office in the near future.
The report had no intention of inferring these
filings alone would justify additiona2 personnel.
I hope that this explanation will clarify my state-
ments in the referenced report.
Councilman Christensen pointed out a change of sentence
structure where it is stated "Conflict of Interest Codes for all
one hundred and sixty designated City employees and board and
commission members."
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4922 to 4984,
inclusive, in the amount of $286,648.42.
(b)
Claim from Richard King, 2118 Castro
Street, Martinez, California. (Refer to
City Attorney)
Bakersfield, California, June 27, 1977 - Page 3
173
(c)
Notice of Completion and Acceptance of Work
on Improvement of Planz Road between H Street
and McCourry Street.
(d)
Notice of
on Street
No. 3589.
Completion and Acceptance of Work
and Sewer Improvements under Tract
(e)
Notice of
on Street
No. 3801.
Completion and Acceptance of Work
and Sewer Improvements under Tract
(f)
Notice of
on Street
No. 3821.
Completion and Acceptance of Work
and Sewer Improvements under Tract
(g)
Notice of
on Street
No. 3824.
Completion and Acceptance of Work
and Sewer Improvements under Tract
(h)
Notice of
on Street
No. 3863.
Completion and Acceptance of Work
and Sewer Improvements under Tract
(i)
Notice of
on Street
4012.
Completion and Acceptance of Work
Improvements under Parcel Map No.
(J)
Application for Encroachment Permit from James
Wardlow, 4505 Siam Court, for construction of
a 4-foot high chain link fence at back of
sidewalk at the subject location.
(k)
Plans and Specifications for Construction of
a Storm Drain in Planz Road from Real Road to
Wible Road.
(i)
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 and
setting the date of hearing for July 25, 1977.
(m)
A Resolution of the Council of the City of
Bakersfield setting date (July 11, 1977) and
place of hearing in matter of proposed cancel-
lation of Land Use Contract with respect to
part of land, under the Williamson Act, and
directing City Clerk to give notice in accord
with Section 51284 of the Government Code. (53-77)
(n)
Request from Cutbirth-Sill-Caraton for amend-
ment to the General Plan on property at the
northwest corner of Ming Avenue and New Stine
Road. This letter supersedes letter sent by
the First Baptist Church on March 17, 1977.
Upon a motion by Councilman Ratty, Item (n) of the Consent
Calendar, request from Cutbirth-Sill-Caraton for amendment to the
General Plan on property at the northwest corner of Ming Avenue and
17'4
Bakersfield, California, June 27, 1977 - Page 4
New Stine Road, superseding letter sent by the First Baptist
Church on March 17, 1977, was removed from the Consent Calendar
and the City Manager was requested to report to the Council at
the next meeting regarding the history of the acquisition of
this property, such as zoning changes, etc.
City Manager Bergen stated the staff would research and
provide the Council with this information. I talked with an
official of Tenneco today and he indicated they had had a meeting
some weeks ago at which time they were willing to support a
proposal that would have involved 5 to 6 acres of office develop-
ment, with the remaining going to residential low-density. Now
I understand they are going back to requesting 3 acres of office,
9 acres of retail commercial, and 6 acres of multiple residential.
Upon a motion by Councilman Ratty,
(d), (e), (f), (g), (h), (i), (j), (k), (1),
Calendar were adopted by the following roll
Items (a),
and (m) of
call vote:
(b), (c),
the Consent
Ayes: Councilmen Christensen, Ratty, Rogers, Strong, Barton
Noes: None
Absent: Councilman Sceales
Abstaining: Councilman Medders
Councilman Medders qualified his abstaining vote by
stating that in order'to be fair we should go to the present owner
and ask for the other side of the story. Councilman Ratty stated
it was his intention to include both sides of the story in the
report. Councilman Medders withdrew his abstaining vote and voted
aye.
Upon a motion by Councilman Ratty, Item (n) of the Consent
Calendar, request from Cutbirth-Sill-Caraton for amendment to the
General Plan on property at the northwest corner of Ming Avenue and
New Stine Road, was referred to the Planning Commission for study
and recommendation.
Bakersfield, California, June 27, 1977 - Page 5
175
City Manager Bergen brought the Council's attention to
Item (1) of the Consent Calendar, setting a date of hearing on
the vacation of portions of East 19th Street between Beale Avenue
and Gage Street, which the Council had previously referred to the
Public Works Department. The Public Works Department feels they
alternative that will be acceptable to the adjacent property
have an
owners.
Action on Bids.
Upon a motion by Councilman Medders, low bid of Griffith
Company for Improvement of Hughes Lane between Wilson Road and Ming
Avenue 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
amending various sections of Chapter
9.08 of Title 9 of the Municipal Code,
concerning Public Pound.
This proposed Ordinance (1) changes the definition of
"dog kennel" to mean any place where more than three dogs are kept;
(2) provides minimum conditions and makes kennel permit revocable
for cause; (3) deletes specific fees for all licenses, such fees
to be prescribed by Resolution of the Council; license period
remains two years, but begins in July rather than January; (4)
requires Animal Control Division, rather than Health Officer, to
remove dead animals from City streets.
The Intergovernmental Relations Committee of the Council
recommends adoption of this amendment.
First reading was considered given an Ordinance 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.
t76
Bakersfield, California, June 27, 1977 - Page 6
Adoption of Resolution No. 54-77 of
the Council of the City of Bakersfield
acknowledging receipt of a copy of
Notice of Intention to Circulate Peti-
tion and an Affidavit of Publication
and consenting to the commencement of
annexation proceedings and circulation
of Petition for the annexation to the
City of Bakersfield of certain inhabited
and incorporated territory in the County
of Kern designated as "Kern City."
The adoption of this Resolution is one of the steps
in the proposed annexation of property known as "Kern City."
Upon a motion by Councilman Medders, Resolution No.
54-77 of the Council of the City of Bakersfield acknowledging
receipt of a copy of Notice of Intention to Circulate Petition
and an Affidavit of Publication and consenting to the commencement
of annexation proceedings and circulation of Petition for the
annexation to the City of Bakersfield of certain inhabited and
incorporated territory in the County of Kern, designated as "Kern
City," was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Strong,
Barton
Noes: None
Absent: Councilman Sceales
Approval of request of Finance Director
for authorization to write-off Uncol-
lectible Accounts Receivable.
Upon a motion by Councilman Medders, the Finance Director
was authorized to write-off Uncollectible Accounts Receivable
totaling $351.04, with collection efforts to be continued by the
City's collection agency, Herbert P. Sears Co.
Approval of Contract between the City
of Bakersfield and the Panama School
District for Community Recreation
Program.
Upon a motion by Councilman Ratty, annual contract contract
between the Panama School District and the City of Bakersfield for
promotion of programs for community recreation was approved and the
Mayor was authorized to execute same.
Bakersfield, California, June 27, 1977 - Page 7
177
Approval of Contract between the City
of Bakersfield and the Bakersfield City
School District for transporting children
to day camp.
Upon a motion by Councilman Medders, annual contract
between the City of Bakersfield and the Bakersfield City School
District for transporting children to day camp was approved and
the Mayor was authorized to execute same.
Approval of Change Order No. 3 to
Agreement No. 75-2 with Metcalf &
Eddy, Inc. for engineering services
on the Southeast Bakersfield Treatment
Plant expansion program.
Under this change order the engineers will provide
construction services for the facilities at City Plant No. 2. As
in the design phase, Metcalf & Eddy will be using local engineering
firms for a large portion of the work. The cost is $885,015, of
which 873% will be paid by Federal and State
by local funds.
In response to Councilman Barton's
grant funds and 12½%
questions, Director
of Public Works Hawley explained that the original
provided for the design plus construction services,
requested. Change Order No. 1 and Change Order No.
agreement
if the City so
2 provided for
some changes in the actual design. Change Order No. 3 is something
new; it would be for the engineering construction inspection services.
Upon a motion by Councilman Rogers, Change Order No. 3 to
Agreement No. 75-2 with Metcalf & Eddy, Inc. for engineering services
on the Southeast Bakersfield Treatment Plant expansion program was
approved, subject to final written approval from the State, and the
Mayor was authorized to execute same.
Hearings.
This is the time set for public hearing on application by
Joyce Gardenhire to amend the zoning boundaries from an A (Agricul-
tural) Zone to an M-1 (Light Manufacturing), or more restrictive,
zone, affecting that certain property located on the south side of
White Lane, approximately 800 feet east of Stine Road.
178
Bakersfield, California, June 27, 1977 - Page 8
posted,
law.
This hearing has been duly advertised, the property
and the property owners have been notified as required by
The subject property contains approximately two acres.
It is served by White Lane, a major highway as depicted on the
City's General Plan. The Planning Commission recommended approval
of the zone change as requested and as advertised, subject to the
application of the "D" Design Overlay to ensure compatible develop-
ment with the area.
A Negative Declaration was posted on May 20, 1977.
Mayor Hart declared the hearing open for public partici-
pation. Ms. Joyce Gardenhire, agent for the seller and the buyer
of the property, endorsed approval.
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, Ordinance No. 2359
amending Title 17 of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the south side of White Lane and
approximately 800 feet east of Stine Road, subject to the applica-
tion of the "D" Design Overlay, and finding that said zone change
would be consistent with the General Plan, was adopted by the
following roll call vote:
Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Strong,
Barton
Noes: None
Absent: Councilman Sceales
Executive Session.
Upon a motion by Councilman Ratty, the Council recessed
to an Executive Session at 8:25 P.M. for report from Mr. Nicholas
Counter, the City's Labor Negotiator, regarding impasse in negotia-
tions with International Brotherhood of Police Officers, Local 571.
Bakersfield, California, June 27, 1977 - Page 9
179
The Council reconvened at 9:30 P.M., and Mayor Hart
requested a date be set for an impasse meeting of the City Council
with the International Brotherhood of Police Officers. Mr. Counter
was requested to make a brief report on potential meeting dates.
Mr. Counter indicated he had been in touch with Mr. Robert Griem,
representative of the International Brotherhood of Police Officers,
with the suggestion that the meeting be held this week. However,
Mr. Griem indicated he would be out of town and suggested meeting
during the week of July 18, 1977.
Upon a motion by Councilman Barton, the time of meeting
of the City Council with Mr. Nicholas Counter and Mr. Robert Griem
on Tuesday, July 19, 1977, at 4:00 P.M., in the Council Chambers
of City Hall was approved.
Councilman Barton asked if there was anyone in the audience
who wished to comment regarding the meeting date of July 19, 1977,
and there was no response.
Councilman Christensen stated it may not be possible for
him to attend inasmuch as he may be on vacation.
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Ratty, the meeting was adjourned at 9:35
P.
MA OR'~B~Calif.
ATTEST:
CITY ~L~ERK and Ex Of Vi~io Clerk of the Council
of the City of BakerSfield, California
mp
180
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.
Council Statements.
Councilman Rogers stated he wished to express his
appreciation to Mr. Frank Fabbri, City Parks Superintendent,