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HomeMy WebLinkAboutJAN - MAR 1979416 Bakersfield, California, January 10, 1979 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 8:00 P.M., January 10, 1979. The meeting was called to order by Mayor Hart, the City of City followed by the Pledge of Allegiance and Invocation by Mr. Claude Brown member of the High Council of the Church of Jesus Christ of Latter- Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Ratty, Sceales, Strong, Christensen, Medders Absent: Councilman Barton Minutes of the regular meeting of December 20, 1978 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Sceales, communication from Sill Properties, Inc., dated January 3, 1979, submitting formal notification of cancellation of Lease No. 73-81 with the City for a parking lot located on the northwest corner of 18th and Eye Streets, and requesting that the parking meters be removed, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Sceales stated the City of Bakersfield and every community in the State of California will be receiving a notice, within 10 days, from the State Department of Insurance to participate in a study on behalf of their residents abolishing territorial ratings for automobile insurance premiums. The results of this study could increase the cost of automobile insurance to the residents of Bakersfield and Kern County by approximately 25%. In essence this area would be subsidizing higher rated territories, such as, Los Angeles and San Francisco. Councilman Sceales then read a resolution and requested that it be adopted and forwarded to the Commissioner of Insurance (for inclusion in the hearing record), Assemblyman Donald A. Rogers and Senator Walter W. Stiern. Bakersfield, California, January 10, 1979 - Page 2 417 Adoption of Resolution No. 1-79 of the Council of the City of Bakers- field urging the State Commissioner of Insurance to maintain and recom- mend to the State Legislature maintenance of territorial rating for automobile insurers. Upon a motion by Councilman Sceales, Resolution No. 1-79 of the Council of the City of Bakersfield urging the State Com- missioner of Insurance to maintain and recommend to the State Legislature maintenance of territorial rating for automobile insurers, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Christensen, Medders Noes: None Absent: Councilman Barton Councilman Christensen read the following prepared state- ment regarding the Redevelopment Agency: The qualified voters have elected the City Council for the purpose of serving as a check and balance for all City services. As we know, it is good government to review periodically the functions and operations of any and all services paid for by taxpayers. One of the fundamental purposes of this review is to see if certain components have outlived the purpose for which they were created and have become obsolete. With this purpose in mind, I believe the Council and the public should be given the complete facts involving the Downtown Redevelop- ment Agency. For a long time the cost involved with the operation of this agency has been a mystery to most of the Council and the tax- paying public. We need to be given the complete facts regarding: 1. The agency's purpose. 2. Past accomplishments of the agency. 3. Agency's total cost to the taxpayers. The total cost of retaining Eugene Jacobs and exactly what these costs represent in the way of services performed by Mr. Jacobs. There are those would say my present interest in this question grows out of my efforts to be re-elected. That is right because I do expect the question to become a campaign issue because the Redevelopment Agency has been one about which too little has been known for too long. 4t8 Bakersfield, California, January 10, 1979 - Page 3 Should the purpose of the agency be redefined? Should we try to determine whether the agency existence is now in keeping with its original purpose? In light of the Proposition 13 man- date, should the taxpayers be asked to carry this burden, if indeed it is a burden? Therefore, I move, at this time, the staff provide the Council, by January 24, 1979, with a comprehensive report covering the following facts: 1. The redefined purpose of the agency. 2. Past accomplishments of the agency. 3. Total cost to the taxpayers, both budgetary and otherwise. 4. Total cost of retaining Eugene Jacobs. 5. How much the redevelopment area members are being subsidized by the taxpayer. 6. What particular efforts are taken to deter- mine whether or not businesses within the area want to remain within the area. Councilman Christensen's motion was approved by the following roll call vote: Ayes: Councilmen Sceales, Strong, Christensen, Medders Noes: Councilman Ratty Absent: Councilman Barton Mayor Hart announced that he appointed Ms. Shirley Davidson, 2608 Loch Ness Court, to the Board of Directors of the Kern County Economic Opportunity Corporation to fill the vacancy created by the resignation of Councilman Vernon D. Strong. Upon a motion by Councilman Sceales, Mr. Robert B. Lumis, 4314 Woodlake Drive, was reappointed to the Police Department Civil Service Board for a six year term expiring December 31, 1984. Upon a motion by Councilman Medders, Mr. Stanley Jones, 1801 Oak Street, and Mr. William Jing, 2730 - 3rd Street, were reappointed to the Miscellaneous Departments Civil Service Board for a four year term expiring December 31, 1982. Upon a motion by Councilman Sceales, Mr. Hulen L. Burcher, 24 Oregon Street, was reappointed to the Citizens Auditorium- Recreation Committee for a seven year term expiring January 3, 1986. Bakersfield, California, January 10, 1979 - Page 4 419 REPORTS Councilman Sceales, Chairman of the Intergovernmental Relations Committee, read Report No. 1-79 regarding Bakersfield Airpark, as follows: The City Council has received and referred to this Committee the Bakersfield Airpark Site Evaluation Study performed by R. Dixon Speas Associates. This study which represented the first half of a master planning study was jointly funded by the City, County and Federal Aviation Administration. It was performed to determine whether an airport was needed in the south Bakersfield area, and if so, what is the most desirable location. This Committee has reviewed the study with the representative from the consulting firm and concurs with the report's recommendation that an airport is needed in this area and the present Bakers- field Airpark location is the most suitable. If the Council agrees with this recommendation, we should then proceed with the second phase of the study, the purpose of which would be to determine the financial feasibility of develop- ing the Bakersfield Airpark, i.e. whether it can be self-supporting and how it should be managed. Attached (see Attachment #1) is a proposal letter from R. Dixon Speas Associates which describes the work program and costs. The consultant's proposal indicates the study would be 80% funded by the FAA. Early last month it was learned the FAA has committed all of their planning study funds for this fiscal year and none are available until the next fiscal year which begins October l, 1979. However, the City can file at this time for the grant application at no cost and if any funds should become available this year, a grant might be offered to the City. Filing the grant application does not commit the City as the City has the right to either accept or reject the grant offer if it should be made (see letter from consultant, Attachment #2). If a grant should be offered, we would then request the County to participate. Therefore, this Committee would recommend the Council approve the filing of a grant application with the Federal Aviation Administration for the second phase of this planning study. After discussion, upon a motion by Councilman Sceales, Report No. 1-79 from the Intergovernmental Relations Committee regarding Bakersfield Airpark, was accepted; and filing of a grant application with the Federal Aviation Administration for the second 420 Bakersfield, California, January 10, 1979 - Page 5 phase of the planning study, was approved, by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Christensen, Medders Noes: None Absent: Councilman Barton CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2861 to 3126, inclusive, in the amount of $639,219.26. (b) Claim for Personal Injuries from Lupe Trevino on behalf of Johnny Francisco Trevino, 901 Hill Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from California Casualty Management Co. on behalf of Charles Dennis Knight. (Refer to City Attorney) (d) Claim for Damages from Gladys Stockton, 1515 - 20th Street, Bakersfield. (Refer to City Attorney) (e) Deleted. (f) Deleted. (g) Deleted. (h) Street Right-of-Way Deed from Developers Financial Corporation providing for a portion of Akers Road as required for Parcel Map. No. 4321. (i) Street Right-of-Way Deed from Tenneco Realty Development Corporation providing for portions of White Lane between Grissom Street and Wilson Road. (J) Improvement Agreement for Parcel Map No. 4444 with Jeffrey L. Sanders for con- struction of improvements required by the Planning Commission. (k) Improvement Agreement for Parcel Map No. 4905 with Lawton Powers for construction of improvements required by the Planning Commission. (i) Improvement Agreement for Parcel Map No. 5122 with Tenneco Realty Development Corporation for construction of improve- ments required by the Planning Commission. Bakersfield, California, January 10, 1979 - Page 6 42/_ (m) (n) (o) (P (q (r (s) (t) Notice of Completion and Acceptance of Work for street improvements on Panorama Drive from Columbus Street to 100 feet east of Cabarnet Drive - Contract No. 78-159 with Granite Construction Company. Notioe of Completion and Acceptance of Work for pavement improvements on Wilson Road from White Lane to Ginger Drive - Contract No. 78-158 with Granite Con- struction Company. Application for Encroachment Permit from Tumblin Company, 2901 "H" Street for construction of an overhead powerline on Nottingham Lane west of Sutton Place, where all facilities are underground. This is a temporary encroachment and the Public Works Department recommends approval provided the applicant removes it within six months from the date the permit is granted. Application for Encroachment Permit from Hardt Construction, 2218 Brundage Lane, for construction of a 6-foot high masonry wall within the street right-of-way on Stockdale Highway at the northwest corner of 8tockdale Highway and E1 Rio Drive. Application for Encroachment Permit from Southern Pacific Transportation Company, P.O. Box 3036, Bakersfield, for con- struction and maintenance of a spur track across Grissom Street, approximately 740 feet north of District Boulevard, to serve an industrial subdivision. The applicant will also make application with the P.U.C. for construction of the rail- road track across a public street. Application for Encroachment Permit from Robert Byrd, 2908 Dell Avenue, for construction of a 4-foot high chain link fence 6-feet behind face of curb adjacent to existing sidewalk at 2908 Deli Avenue. Agreement between P. G. & E. and the City of Bakersfield providing for electrical service to a well site on the City's Municipal Farm located near the inter- section of Panama Lane and Mt. Vernon Avenue, extended. Resolution of Intention No. 940 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Manor Street located at the northwest corner of West Columbus Street and Union Avenue, in the City of Bakersfield, and setting Wednesday, January 31, 1979 for hearing on the matter before the Council. 422 Bakersfield, California, January 10, 1979 - Page 7 (u) Resolution No. 2-79 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 645, Annexation No. 268 (Real No. 1), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, February 21, 1979. (v) Resolution No. 3-79 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 650, Annexation No. 272 (Panama No. 2), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, February 21, 1979. (w) Resolution No. 4-79 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 654, Annexation No. 273 (Union Avenue No. 9), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, February 21, 1979. (x) Resolution No. 5-79 of the Council of the City o£ Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 655, Annexation No. 274 (Rancheria No. 1), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, February 21, 1979. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w) and (x) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Christensen, Medders Noes: None Absent: Councilman Barton ACTION ON BIDS Upon a motion by Councilman Medders, low bid of BC Chemicals for Annual Contract for Water Treatment Chemicals, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Bakersfield, California, January 10, 1979 - Page 8 Upon a motion by Councilman Medders, low bids of San Joaquin Supply (28 items), Odorite Janitorial Supply (15 items), Hudson Supply Co. (25 items' and National Sanitary Supply (7 items) for Annual Contract (A.C.B. #17080) for Janitorial Supplies, were accepted, all other bids rejected and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Sceales, low bid of Jim Alfter for Annual Contract (A.C.B. #16180) for Canal Liner Repair, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of American Fence Co. for Fencing for Canal Property, was accepted and all other bids rejected. Upon a motion by Councilman Medders, low bid of Valley Pipe and Supply for Fire Hydrants and Accessories, was accepted and the other bid rejected. Upon a motion by Councilman Sceales, low bid of Berchtold Equipment Co. for 40 H.P. Tractor Loader, was accepted, all other bids rejected and Budget Transfer in the amount of $1,494.38 from Account No. 81-484-7300 to Account No. 81-484-8300, was approved. Upon a motion by Councilman Medders, low bid of Jim Burke Ford for two Police Special 4-door Sedans, was accepted and all other bids rejected. Upon a motion by Councilman Sceales, low bid of Galland Electric for construction of Traffic Signal Systems and Street Improvements on California Avenue at Chester Lane and Easton Drive and on Ming Avenue at Stine Road and New Stine Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Councilman Medders asked several questions regarding synchronizing the signals on California Avenue to relieve the traffic congestion on Real Road and also the status of the annexation of Real No. 1 so that the promised stop sign can be installed in that area. 424 Bakersfield, California, January 10, 1979 - Page 9 Public Works Director Hawley stated the signals on California Avenue will be synchronized and tied-in with the signal at Real Road, and earlier in the meeting the Council set the date of hearing on Real No. 1 Annexation for February 21, 1979. DEFERRED BUSINESS Adoption of Ordinance No. 2472 New Series of the Council of the City of Bakersfield amending Title 8 of the Municipal Code by adding a new Chapter 8.62 thereto directing the Health Officer to review and certify all private sewer systems. Upon a motion by Councilman Sceales, Ordinance No. 2472 New Series of the Council of the City of Bakersfield amending Title 8 of the Municipal Code by adding a new Chapter 8.62 thereto directing the Health Officer to review and certify all private sewer systems, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Christensen, Medders Noes: None Absent: Councilman Barton Adoption of Ordinance No. 2473 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding pro- perty known as a portion of Kern River No. 6 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located on the south side of Stockdale Highway, between Renfro and Allen Roads to an R-S (Residential-Suburban) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2473 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as a portion of Kern River No. 6 Annexation, finding said zoning consistent with the General Plan, were adopted Bakersfield, California, January 10, 1979 - Page 10 by the following roll call Ayes: Councilmen Ratty, Noes: None Absent: Councilman Barton Mayor Hart vote: Sceales, stated that Strong, Christensen, Medders due to a real or imaginary con- flict of interest he would not participate in the following matter and yielded the chair to Vice-Mayor Medders. Deferral of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northwest corner of Ming Avenue and New Stine Road, approving the Preliminary Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Ming and New Stine Properties and would change subject property from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a P.C.D. (Planned Commercial Development) Zone. Councilman Strong questioned the Planning Commission's recommendation to exclude certain types of commercial development on this property. Director of Fire & Development Services Needham stated that the two conditions placed on the commercial development of this property are; (1) no fast food restaurants; and (2) no grocery stores. The developer did not appeal these restrictions. Councilman Strong stated he would be hesitant to vote for a zone change that places this type of restriction on the developer, especially a grocery store. Councilman Ratty stated the citizens did not want any- thing constructed there in the first place, but they were coerced into commercial development to stop the pollution of their core by a mass of humanity in a very high-density apartment complex. Now the developer states it would be developed with the most palatable type of development with the least possible disturbance to the 426 Bakersfield, California, January 10, 1979 - Page surrounding residents. The residents are trying to make sure this corner is developed without high-density traffic coming and going at all hours of the day and night, such as, Stockdale Highway and California Avenue. The least the Council can do is protect the residents with the type of development they want. Councilman Sceales stated he would like to talk to the residents of this area and get their input before the Council takes action on the zone change, and made a motion that an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northwest corner of Ming Avenue and New Stine Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, be deferred until the Council Meeting of January 24, 1979. This motion was unanimously approved. Adoption of Ordinance No. 2474 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 1400 Easton Drive. The application for this amendment was made by Carver Development Company and would change subject property from a C-2-D (Commerical - Architectural Design) Zone to an M-1-D (Light Manufacturing - Architectural Design) Zone. Upon a motion by Councilman Medders, Negative Declaration and Ordinance No. 2474 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 1400 Easton Drive, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, None Councilman Barton Sceales, Strong, Christensen, Medders Bakersfield, California, January 10, 1979 - Page 12 4 o7 NEW BUSINESS Adoption of Resolution No. 6-79 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Annexation No. 277 (Kern River No. 7). This is an uninhabited annexation containing 43.2 acres of City-owned property located along the southern boundary line of the recent Kern River No. 6 Annexation, between Enos Lane and three miles west of Buena Vista Road. Upon a motion by Councilman Medders, Resolution No. 6-79 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 277 (Kern River No. 7), was adopted and referred to the Public Works Department and City Attorney for submittal to LAFCO by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Christensen, Medders Noes: None Absent: Councilman Barton Approval of Partial Improvement Agreement between Roy G. Lutrel and the City of Bakersfield for Lots 28 through 35 (Parcel Map No. 3930), located on the east side of Union Avenue south of Planz Road. agreement is necessary to permit occupancy by Mr. bought and built upon the lots covered by the This Lutrel who has agreement. Public Works Director Hawley stated this property is located on the east side of Union Avenue south of Planz Road and the owner constructed curbs, gutters and sidewalks in front of his building, but not in front of the adjacent storage yard. The owner has bonded for the improvements and this agreement provides for the work to be done within six months. Upon a motion by Councilman Sceales, Partial Improvement Agreement between Roy G. Lutrel and the City of Bakersfield for Bakersfield, California, January 10, 1979 - Page 13 Lots 28 through 35 (Parcel Map No. 3930), located on the east side of Union Avenue south of Planz Road,. was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Housing Authority of Kern County authorizing payment of $110,000.00 out of the Community Development Block Grant for direct housing assistance for expansion and improvement of the Adelante Vista Low-Income Housing Project and Oro Vista Low-Income Housing Project. Upon a motion by Councilman Strong, Agreement between the City of Bakersfield and Housing Authority of Kern County authorizing payment of $110,000.00 out of the Cemmunity Development Block Grant for direct housing assistance for expansion and improvement of the Adelante Vista Low-Income Housing Project and Oro Vista Low-Income Housing Project, was approved and the Mayor was authorized to execute same. Approval of additional Budget Trans- fer in the amount of $3,000.00 for purchase of nine (9) Police Sedans. On December 6, 1978, the low bid of $61,851.70 from Jim Burke Ford for nine Police Sedans was accepted by the Council. This bid exceeded the amount available and a transfer of $3,000.00, above the $3,681.70 previously transferred, is requested. Upon a motion by Councilman Sceales, additional Budget Transfer, in the amount of $3,000.00, from Construction and Street Maintenance Account No. 81-484-7300 to Equipment Replacement-Auto- motive Equipment Account No. 81-484--7200 for the purchase of nine Police Sedans, was approved. Adoption of Resolution No. 7-79 of the Council of the City of Bakers- field deleting Council Meetings in the months of January and February, 1979. Upon a motion by Councilman Medders, Resolution No. 7-79 of the Council of the City of Bakersfield deleting Council Meetings Bakersfield, California, January 10, 1979 - Page 14 429 in the months of January and February, following roll call vote: Ayes: Noes: Absent: Council, 1979, was adopted by the Councilmen Ratty, None Councilman Barton Sceales, Strong, Christensen, Medders ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was adjourned at 8:50 P.M. MAYORt-6f th~ City of Bakersfield, Calif. ATTEST: of the City~'of Bak~rsfield, California CITY~E~ an~Clerk of the Council ma 430 Bakersfield, California, January 24, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., January 24, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Mr. Dean Winn member of the High Council of the Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as £ollows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Medders, Ratty Absent: Councilman Sceales Minutes of the regular meeting of January 10, 1979 were approved as presented. HEARINGS Mayor Hart announced that Mrs. Digna Caneta has with- drawn her appeal to the decision of the Board of Zoning Adjustment regarding Richard C. Tucker's application for a Modification to permit the reduction of the minimum lot area requirement for four dwellings from 10,000 square feet to 9,758 square feet and to permit the reduction of the required front yard setback from 25 feet to 15 feet in an R-2 (Limited Multiple Family Dwelling) Zone, certain property co~nonly known as 2805 Chester affecting that Lane. SCHEDULED PUBLIC STATEMENTS Mr. John Pryor, President of the Greater Bakersfield Chamber of Commerce, presented a report on the 1978 activities of the Chamber of Commerce and Convention Bureau and their plans for the coming year. Mr. Pryor also stated that Bakersfield's market share of the growing convention business is shrinking. The reason is, that although operating costs have escalated dramatically, the funds of the Convention Bureau's operation have not. The Conven- tion Bureau would like to substantially increase the number of conventions and delegates, thereby, bring new money into Bakersfield. Bakersfield, California, January 24, 1979 - Page 2 The Chamber of Commerce is requesting that the budget for the Convention Bureau be increased from $35,000 to $50,000 beginning with the 1979-80 Fiscal Year. The additional income will be earmarked exclusively for the marketing efforts of the bureau. With the increased effort the City can be certain that a substantial return on this investment will follow as the conventions are conducted. Pastor Gary D. Christiansen, First Presbyterian Church, 1705 17th Street, read a prepared statement requesting the traffic signals at 17th and "H" Streets be either retimed, so that all directions remain red momentarily in order to clear the inter- section, or install the lights on poles extending over the inter- section. This request was referred to staff for study. Mr. Frederic Hougardy, Executive Director of the Bakers- field Association for Retarded Citizens, requested that the City Council adopt a resolution supporting B.A.R.C.'s Paper Recycling Program. Adoption of Resolution No. 8-79 of the Council of the City of Bakers- field supporting B.A.R.C.'s Grant Application to the California State Solid Waste Management Board for the Association's Recycling Program. Upon a motion by Councilman Barton, Resolution No. 8-79 of the Council of the City of Bakersfield supporting B.A.R.C.'s Grant Application to the California State Solid Waste Management Board for the Association's Recycling Program, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Sceales CORRESPONDENCE Upon a motion by Councilman Medders, communication from the Kern County Board of Supervisors, dated January 16, 1979, regarding hearing to be held Tuesday, February 20, 1979, on land 432 Bakersfield, California, January 24, 1979 - Page 3 use contracts under the Williamson Act, was received, ordered placed on file and referred to staff for appropriate action. Upon a motion by Councilman Medders, communication from the Office of the City Council of the City of Burbank, dated January 17, 1979, urging support of SCA-2 (Robbins Bill), was received and ordered placed on file. Upon a motion by Councilman Medders, communication from Watson Company, dated January 24, 1979, requesting the vacation of the south one-half of 25th Street lying adjacent to Lots 1 through 5 inclusive, in Block 469D, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Ratty made the following statement regarding last Monday's vote by the Kern County Board of Supervisors on three Island Annexations: Councilman Ratty stated he would first like to congratulate Supervisors Head and Mitchell on their votes for a responsible efficient service district. It really grieves me to take great pains to understand the issues only to have that very right straightforward position voted right out the window. Supervisor Young would do well to support the County Supervisors Association's position of cooperation between the Cities and County on issues of mutual benefit, rather than criticizing them. Super- visor Tackett does not seem to understand that these Island Annexafions are an attempt to consolidate the urban district. As for Super- visor Harvey, the presentation by the City clearly illustrates the City's ability to pro- vide these services. In defiance of that position I feel Mr. Harvey is clutching at straws to justify an expedient decision. How- ever, our friends in the County Fire Department have won another battle and only the citizens, both County and City, will lose with poor service and higher taxes. Yet, it seems, it is business as usual with Supervisors Tackett, Young and Harvey worrying about the sad state of affairs of the County Library system while allowing one or two million dollars to be wasted in duplicate fire services. As sad as it is to see these annexations lose, I hope the Supervisors will end the duplication of fire facilities and effect the necessary savings for all of Bakersfield's citizens in the City and County. Bakersfield, Cali£ornia, January 24, 1979 - Page 4 433 Councilman Ratty requested that the staff obtain a transcript of the comments made at the Board of Supervisors' hearing on the Island Annexations. REPORTS Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 1-79 regarding Resolution of Intention to amend Contract with Public Employees' Retirement System, as follows: In accordance with Memorandum of Understanding with the International Brotherhood of Police Officers, Service Employees International Union and Teamsters, Local 911, the staff has recently finalized plans which will improve the polioe, fire, and miscellaneous employees retirement programs. As the Council will recall, the City agreed to these improvements last June if the costs were not prohibitive. Since that time the Public Employees Retirement System (PERS) has com- pleted an actuarial study and the increased costs are relatively close to the negotiated~ guidelines. All three unions have reviewed the actuarial figures and have agreed to the following: Police Safety Employees Change the basic Retirement Program from ~~ at age 55 to 2% at age 55 on the highest one year salary rather than the higheSt three years. Retirement Rate Increase - 3.315% Annual Cost - $112,305. A 1% increase in salary for Police Unit and Police Supervisors Employees effective the first pay period in April, 1979 in lieu of Military Buy-Back for Retirement purposes. Fiscal Year 1978-79 Cost - $8,500 Fire Safety Employees Change the basic Retirement Program from ½ at age 55 to 2% at age 55 based on the highest one year salary rather than the highest three years. Retirement Rate Increase - 3.315% Annual Cost - $95,975 o A 2% increase in salary for Fire Unit and Supervisory Unit employees effective the last pay period in March, 1979. Fiscal Year 1978-79 Cost - $16,494 434 Bakersfield, California, .January 24, 1979 - Page 5 Miscellaneous Employees Change the present Retirement Program which is based on the average of the highest three years to the highest one year. Retirement Rate Increase - .942% Annual Cost - $61,960 In order to implement these changes, the following time schedule must be adhered to: 1. January 24, 1979 - Adoption of Resolution of Intention to Amend Contract with PERS. January 31, 1979 - Election by Safety Employees to change to the 2% at age 55 basic Retirement Program. 3. February 7, 1979 - First reading of Ordi- nance to adopt amendments to the PERS Contract. 4. February 21, 1979 -Flnal reading of Ordinance. 5. March 23, 1979 - Effective day of the Ordinance. After careful consideration of the various Memorandums of Understanding and the actuarial study by PERS, the Governmental Efficiency and Personnel Committee is recommending Council approval of this report, a budget transfer of $14,975 from the Council Contingency Fund to cover additional costs based on the actuarial study and approval of the attached Resolution of Intention to amend the City's Contract with PERS. Upon a motion by Councilman Strong, Report No. 1-79 from the Governmental Efficiency and Personnel Committee regarding Resolution of Intention to amend Contract with Public Employees' Retirement System, was accepted; and Budget Transfer, in the amount of $14,975, from the Council's Contingency Fund to the appropriate account to cover additional costs based on the actuarial study, was approved. Adoption of Resolution No. 9-79 of Intention to approve an Amendment to Contract between the Board of Adminis- tration of the Public Employees' Retirement System and the City Council of the City of Bakersfield. Upon a motion by Councilman Strong, Resolution No. 9-79 of Intention to approve an Amendment to Contract between the Bakersfield, California, January 24, 1979 - Page 6 435 Board of Administration of the Public Employees' Retirement System and the City Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Christensen, Medders, Ratty None Councilman Scea~es Deferral of Comprehensive Report from the City Manager regarding the Redevelopment Agency. Councilman Christensen stated that the lengthy report on the Redevelopment Agency was presented to the Council just prior to the meeting and the Council has not had a chance to study it; and he made a motion that action on the report be deferred until next week. Councilman Ratty offered a substitute motion that the report be received and placed on file so it is public information. After discussion this substitute motion failed to carry by the following roll call vote: Ayes: Councilmen Medders, Ratty Noes: Councilmen Strong, Barton, Christensen Absent: Councilman Sceales Councilman Medders asked, if the report is going to be held over until next week, will it become public information if it has not been received and placed on file. Councilman Christensen stated that, so there is not a misunderstanding about releasing this report on the Redevelopment Agency, he would withdraw his motion. Councilman Christensen made a motion that the report on the Redevelopment Agency be held over until next week and considerable time be set aside at that Council meeting to discuss any questions that might arise. Upon a motion by Councilman Ratty, reconsideration of Councilman Ratty's substitute motion that the report be received and placed on file so it is public information, was approved. Councilman Strong voted in the negative on this motion. 436 Bakersfield, California, .January 24, 1979 - Page 7 Councilman Ratty's substitute motion that the report on the Redevelopment Agency be received and placed on file so it is public information, was approved by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty Noes: Councilman Strong Absent: Councilman Sceales Councilman Christensen's motion that the report on the Redevelopment Agency be held over until next week and considerable time be set aside at that Council Meeting to discuss any questions that might arise, was approved. City Manager Bergen stated that the report is lengthy and it is very proper to hold it over for discussion next week. It is a comprehensive report and in order to make it as complete and accurate as possible considerable research was necessary to obtain information from the original files. The figures given for the public sector are from the City's files and the figures from the private sector are the best that could be obtained. It was felt by relating the cost to projects, or at least as near as possible, it would make the report more meaningful to anyone reading it. The report was prepared by sections and Section IV - Past Accomplishments of the Agency Including Cost - was prepared by Assistant City Manager-Finance Kelmar. If there are any questions during the week that need augmenting or clarifying please call. CONSENT CALENDAR The following items were listed on (a (b (C the Consent Calendar: Allowance of Claims Nos. 3127 to 3455, inclusive, in the amount of $688,841.05. Claim for Damages from Stanley J. Benson, 4119 Pioneer Drive, ]Bakersfield. (Refer to City Attorney) Claim for Damages 611 Sonora Street, to City Attorney) from Ted Joseph Spanke, Bakersfield. (Refer Bakersfield, California, January 24, 1979 - Page 8 437 (d) (e) f) g) h) i) J) k) (i) (m) (n) Claim for Damages from Denise Young, Route 4, Gorman, California. (Refer to City Attorney) Grant Deed for road easement from Pacific Gas & Electric Company providing for necessary right-of-way for construction of a portion of the Truxtun Avenue Ex- tension between Oak Street and the Carrier Canal. Street Right-of-Way Deed from Luey Gong and Lee Soo Fun Gong providing for addi- tional dedication of Park Drive, as required for Tract No. 4049, located south of College Avenue, west of Morning Drive. Improvement Agreement for Parcel Map No. 753 with Bernard & Sons, Inc., for con- struction of improvements required by the Planning Commission and located north of 40th Street between Jewett Avenue and "L" Street. Map of Tract No. 3812 and Improvement Agreement with Reeder Development Corp. for construction of improvements therein, located north of Harris Road between Stine Road and Akers Road. Map of Tract Nos. 4029, 4030, 4031 and 4048 and Improvement Agreements with Tenneco Realty Development Corporation for construction of improvements therein, located south of Ming Avenue and west of Ashe Road. Deleted Notices of Completion and Acceptance of Work for Tract No. 3990, Contract No. 78-12 with Coleman T. Proctor; and Tract Nos. 3883 & 3884, Contract No. 78-49, Tract No. 3940, Contract No. 78-4 and Tract No. 3942, Contract No. 78-6 with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work on Storm Drains in East 19th Street and Brown Street, E.D.A. Project No. 07-51-27068, Phase II, Contract No. 78-133 with Granite Construction Company. Plans and Specifications for construction of Wheelchair Ramps in the Downtown and Civic Center Areas. Request from Gerald Van Horn for annexa- tion of property located southerly of the Arvin-Edison Canal, westerly of "H" Street and northerly of Berkshire Road, containing approximately 55 acres of land. (Refer to Planning Commission for study and recommendation) 438 Bakersfield, Cali£ornia, January 24, 1979 - Page 9 (o) Request from H. B. Pearson £or annexation of property located on the northwest corner of Fiorito Street and Belle Terrace. (Refer to Planning Commission for study and recommendation) (p) Requests from Raymond J. & Betty L. Mish, Rod G. Hayden, Ed H. Barger and Patrick Paola for annexation of property located north of Niles Street between Park Drive and Valencia Drive, containing approxi- mately 40 acres of uninhabited land. (Refer to Planning Commission for study and recommendation) (q) Request from Robert Strepy and Jeffery French for annexation of property located easterly of Morning ])rive, south of College Avenue and north of Niles Street, containing approximately 18 acres of inhabited land. (Re£er to Planning Commission for study and recommendation) (r) Contract Change Order No. 1 to Contract No. 78-148 with Granite Construction Company for Canal Crossing on Stine Road and White Lane. This change is required to move the westerly wing wall on Stine Road 4' west to clear a conflicting utility crossing and total increase in contract price is $1,463.16. (s) Extension of Time to Pacific Telephone Company for Division 2 of Underground District No. 6 (Truxtun Avenue between Oak Street and "H" Street), to complete their work due to problems with delivery of necessary materials. Public Works Department recommends approval of the time extension, setting a completion date of April 30, 1979. (t) Budget Transfer from Council's Contingency Fund - Account No. 11-512-6100 to City Clerk's Legal Advert:[sing Account No. 11-523-3200 and Other Outside Services and Charges Account No. 11-523-4500, in the amount of $6,600~00 for processing annexations. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (k), (1), (m), (n), (o), (p), (q), (r), (s) and (t) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Sceales Bakersfield, California, January 24, 1979 - Page l0 439 ACTION ON BIDS Upon a motion by Councilman Medders, low bid of Baker's Welding Supply for work benches, cabinets, lifting beams and parts boxes for new Corporation Yard, was accepted and all other b~ds rejected. Upon a motion by Councilman Medders, low bid of Kern Kopy for Copy Machine for Corporation Yard, was accepted and all other bids rejected. Upon a motion by Councilman Medders, iow bid of Granite Construction Company for Storm Drains in Elm Street, Myrtle Street, Park Way and "T" Street, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, low bid of Dean Clark & Sons for Basketball Court Lighting and Security Lighting for Lowell Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Mayor Hart stated that due to a real or imaginary con- flict of interest he would not participate in the following matter and yielded the chair to Vice-Mayor Medders. Referral back to the Planning Com- mission of an Ordinance 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 o£ that certain property located on the northwest corner of Ming Avenue and New Stine Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. Action on this ordinance was deferred from the Council Meeting of January 10, 1979. The application for this amendment was made by Ming and New Stine Properties and would change subject property from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a P.C.D. (Planned Commercial Development) Zone. 44O Bakersfield, California, January 24, 1979 - Page ll Councilman Ratty made a motion to adopt the Negative Declaration and Ordinance of the Council of the City of Bakers- field amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northwest corner of Ming Avenue and New Stine Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan. Councilman Ratty stated there are residents of this area in the audience who wish to speak in favor of this zone change. It is their understanding that a grocery store or fast food chain were not to be put in the shopping center as it was first designed and that is the basis upon which they agreed to the P.C.D. Zone. Mr. Bob Kirby, 1900 Weyburn Way, stated they have attended numerous meetings regarding this zone change and are not happy with it because they wanted homes instead of a shopping center, but agreed to help with the rezoning to avoid more apartments. It was more or less guaranteed to the surrounding property owners that it would be a very low profile business offices. What is before the Council tonight is about the best that could be done. Mr. Melvin Madruga, 1905 Weyburn Way, stated there have been numerous meetings with the property owners, Council, Planning Commission staff and Mr. Hugh Sill, and right from the beginning the understanding was that it would be a low profile type shopping center. The one thing the property owners requested was that a large supermarket not be constructed on this property. If this has changed there will be a lot of unhappy taxpayers in the West- wood Estates. Mr. Scott Goetz, 5900 Lindbrook Way, stated Mr. Sill almost guaranteed the property owners that they would not have a grocery store on that property. It would be low profile, a Newport Beach motif, which they are definitely not doing at this point. Bakersfield, California, January 24, 1979 - Page 12 441 Mr. Jim Camp, one of the developers, stated, with respect to the representations that were supposedly attributed to Mr. Sill, throughout the entire process of amending the General Plan there were no representations, expressed or implied by any of the developers at the time, with respect to any of the uses to which the property would be devoted, including a supermarket. The developers are not, at this time, trying to tell people that a supermarket will be constructed. All that is being requested is that the developers have that alternative available to them in order to insure the viability of the project. With respect to the uses, the low profile nature of the center has been adopted in the design. The developers have gone to considerable expense in designing the project in keeping with the type of motif of the surrounding area. As far as the low profile nature of the center, he did not see how a supermarket could disrupt the surrounding neighborhood. With respect to the Stockdale center that people seem to be pointing out as a constant source of trouble, it ~s not the supermarket that caused the problems, it is the theater and penny arcade type of stores. With that in mind, and in an attempt to placate and satisfy the neighbors and also thank them for their support, the developers o£ their own volition went to the Planning Commission and stated they did not want a theater or fast food restaurant. The Planning Commission adopted that recommendation and at that time indicated they did not want a supermarket there. He did not think any of the neighborhood's interests had been jeopardized at this point. Some of the objections they are voicing really do not involve the supermarket, it involves the commercial center which has been settled. During discussion Councilman Strong stated that he s~ill feels there are some areas in this zone change that should be discussed at length in a hearing other than at the Council level. There are residents in that area who would like a grocery store in that complex. He was not sure that all Councilmen are in agreement 442 Bakersfield, California, January 24, 1979 - Page recommendation back to the Council. following roll call vote: Ayes: Noes: Absent: that certain businesses should be excluded and he would not want to see the Council enter into something that is so restrictive that it would keep the project from being successful. Councilman Strong further stated he would be in favor of sending this matter back to the Planning Commission, one more time, to give the residents an opportunity to be heard no matter what position they have taken in the past. After further discussion, Councilman Strong made a substitute motion that the zone change application for the property located on the northwest corner of Ming Avenue and New Stine Road be referred back to the Planning Commission for further study and This motion carried by the Councilmen Strong, Barton, Christensen, Medders Councilman Ratty Councilman Sceales NEW BUSINESS First reading o£ an Ordinance of the Council of the City of Bakersfield amending Section 1.80.050 of Chapter 1.80 of Title i of the Municipal Code of the City of Bakersfield, respecting Emergency Organization and Functions. This ordinance would amend Ordinance No. 2121 New Series, Section 1.80.050, to designate the Director of Fire and Development Services as Assistant Director, and the Director of Public Works and Police Chief as Deputy Directors. The ordinance designates certain powers to City Directors for the purpose of planning and operating in the event of disaster of extreme peril within the community. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 1.80.050 of Chapter 1.80 of Title 1 o£ the Municipal Code of the City of Bakersfield, respecting Emergency Organization and Functions. Bakersfield, California, January 24, 1979 - Page 14 443 First reading of an Ordinance of the Council of the City of Bakersfield amending Title 13 of the Bakersfield Municipal Code, permitting certain deviations under Development Plan approval in limited zones. This proposed amendment was approved by the Planning Commission and would permit the Building Director to authorize reasonable modifications in the application of this title in connection with a development plan in a P.U.D., P.C.D. or "D" Overlay Zone, which had prior approval by the Planning Commission. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 13 of the Bakers- field Municipal Code, permitting certain deviations under Develop- ment Plan approval in limited zones. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Westfield Road and Deseret Way. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-l-CH (One Family Dwelling - Church), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Westfield Road and Deseret Way. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 4012 White Lane. The application for this amendment was made by Richard Villarreal and would change subject property from an R-1 (One 444 Bakersfield, California, January 24, 1979 - Page 15 Family Dwelling) Zone to a C-1-D Limited Commercial - Architectural Design), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 4012 White Lane. Adoption of Resolution No. 10-79 of the Council of the City of Bakers- field amending the City's Emergency Plan to include therein the Kern County Flood Evacuation Plan. The Kern County Flood Evacuation Plan has been compiled by representatives of the County and cities therein, in conjunction with the Kern County Office of Emergency Services. This plan should be adopted as part of the Bakersfield City's Emergency Plan for emergency procedures. Upon a motion by Councilman Medders, Resolution No. 10-79 of the Council of the City of Bakersfield amending the City's Emergency Plan to include therein the Kern County Flood Evacuation Plan, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Sceales Authorization granted to staff ~o submit application to the California Department of Housing and Community Development for Housing Advisory Service (SB 910) Grant Funds. The Department of Housing and Community Development has available technical assistance funds for a Housing Advisory Service (SB 910) to provide information, counseling services, and practical education to homeowners on construction and rehabilitation skills. HCD will place special emphasis on awarding the grants to those applicants which propose to utilize existing resources with those to be supplied through SB 910. Additional consideration will be given to programs which combine efforts of local organizations Bakersfield, California, January 24, 1979 - Page 16 445 with that of governmental agencies. As of this date two such groups, the NAACP and Kern County Economic Opportunity Commission, have expressed the desire to submit joint applications with the City of Bakersfield for SB 910 funding. Final details of the proposal have not been finalized. However, both projects will be operated in conjunction with the City's Home Improvement Loan Project currently supported by Community Development Funds. January Council date for these funds to operate a one-year program as outlined. Council will have the opportunity to approve receipt of the funds after announcement of grant awards by HCD on February 22, 1979. Upon a motion by Councilman Strong, authorization was granted to staff to submit an application to the California Department of Housing and Community Development for Housing Advisory Service (SB 910) Grant Funds, by the following roll call Applications are due in Sacramento no later than 5:00 P.M., 31, 1979. Therefore, it is recommended that the City direct the Community Development staff to apply by that Barton, Christensen, Medders, Ratty vote: Ayes: Noes: Absent: None Councilman Sceales Adoption of Revised City of Bakers- field Standard Drawing No. S-26, Street Sections. The Major Arterial Street Standard has been revised to reduce the median width from 18' to 14' Six travel lanes will be provided by elimination of the parking lane. This revision will also provide for the alternate of either constructing a raised median or paving and striping median area. The Local Collector Street Standard has been revised to replace the 40' wide street to allow for a 44' wide section if a traffic engineering study warrants the wider section. Councilmen Strong, 446 Bakersfield, California, January 24, 1979 - Page 17 Upon a motion by Councilman Ratty, revised City of Bakersfield Standard Drawing No. S-26, Street Sections, was adopted. Approval of Contract between the City of Bakersfield and the Kern Union High School District for use of City Swimming Pools and Softball Facilities. This agreement is a revision of Agreement No. 5-67 and major changes include the addition of softball facilities and reimbursement of maintenance cost for use of the facilities by the District. Upon a motion by Councilman Strong, Agreement No. 5-67, was terminated; and agreement between the City of Bakersfield and the Kern Union High School District for use of City Swimming Pools and Softball Facilities, to execute same. was approved and the Mayor was authorized HEARINGS This is the time set for ,continued public hearing before the Council for hearing protests by persons owning real property or any registered voter residing within territory designated as "Real No. 2," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised; a notice posted; persons filing special request for, chief petitioners, if any, any affected City, County or District, and LAFCO Executive Officer have been notified as required by law. This is an inhabited annexation containing 1.8 + acres of land located northwest of Real Road and Verde Street. Mayor Hart announced that under the law written protests will be received and the Council will hear any oral protest to the annexation. All interested parties should be aware that in deter- mining the value of protests, after the conclusion of the public hearing, the Council can only consider written protests. There- fore, if anyone is here to protest and has not filed it in writing, and wish to have it counted for the purpose of evaluation, it must be filed with the Clerk before the conclusion of the public hearing. Bakersfield, California, January 24, 1979 - Page 18 447 A written protest may be signed by several persons, listing each individuals name and address. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, the public hearing was closed and the annexation of inhabited territory known as "Real No. 2," was ordered to be submitted to the Council for determination not less than 30 days from this date, by the following roll Ayes Noes Absent: Council, adjourned at call vote: Councilmen Strong, Barton, Christensen, Medders, None Councilman Sceales ADJOURNMENT There being no further business to come before upon a motion by Councilman 9:30 P.M. Ratty the Ratty, the meeting was M~~ City of Bakersfield, Calif. ATTEST: CITY[~LERK-and~x-Officio Clerk of the Council of the City of Bakersfield, California ma 448 Bakersfield, California, January 31, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., January 31, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong (seated at 8:05 P.M.) Absent: None Minutes of the regular meeting of January 24, 1979 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Sceales, communication from Pacific Gas & Electric Company, dated January 23, 1979, regarding undergrounding of electric facilities in Tract No. 4086, was received and referred to the Public Works Department for appropriate action. REPORTS Comprehensive Report from the City Manager concerning the Redevelopment Agency. Councilman Christensen made the following statement: On January 10, 1979, when my original request was made of the City staff to provide the Council with a report answering specific questions regarding some of the activities of the Rede- velopment Agency, I sincerely hoped, after receiving Council approval of my motion, the staff would recognize the significance of the request and respond in a serious, mature and comprehensive manner. Instead the staff has, again, attempted to circumvent the directive of this Council by providing incomplete answers to some of the questions and completely ignoring others. While the request may appear to have some political overtones, I believe when I made the request and I believe now, the questions asked are of great basic interest to the tax- payers of this City. Even the 1977-78 Grand Jury was vitally interested in this entire matter of Downtown Redevelopment and, I believe, they questioned the City Manager and at least one Councilman about the Agency's activities. Bakersfield, California, January 31, 1979 - Page 2 449 Now I would like to reiterate, at this time, that I am in favor of downtown revitalization and my voting record so indicates. The passage of Proposition 13 and some questionable activities of the Agency now makes it necessary for this Council, not the Agency itself, to re-examine the goals, priorities and expenditures of the Agency to be sure that the general welfare of the public is being served. The Council should not have to scratch, dig, hunt and literally beg for certain information. The Council should not have to engage in political game playing in order to find out the facts. Certain information should be honest and free-flowing to the Council and initiated by the staff. Now I do not plan, tonight, to repudiate all of the allegations or the half truths of this report that is here in front of us. I simply want to say that it is far from being compre- hensive. It is more in the nature of a hasty overview. Let's face a few facts. There is not in existence, at this time, a Council approved current proposal for a downtown hotel development adjacent to the Civic Center Complex, or anywhere else for that matter. If there is, I challenge the staff to produce it. This Council has not formally discussed such a pro- posal in over a year. Likewise, there is not in existence, at this time, a current Council approved proposal for a shopping mall anywhere in Downtown Bakersfield. Notice, I was careful to include all of Down- town Bakersfield because each time I read about it in the paper the location has changed. To my knowledge the Council has not formally dis- cussed a downtown shopping center in several years. It is misleading and a trifle dishonest for the City staff and/or Agency members to continue to dangle these two defunct projects in the public's eye in an attempt to justify the fruit- less expenditures of thousands of dollars of taxpayers' money for Agency activities. It is a little dishonest for the staff to admit, in the report, that the Agency sold a parcel of prime commercial land for $100,000.00 without revealing that the same land cost the City, in an earlier transaction, well over $400,000.00. It is a bit dishonest and misleading for the staff to use phrases such as the $80,500.00, the amount of money the Agency has owed the City since 1975, will be reimbursed to the City when sufficient funds are available through the Agency, provided they are not necessary for development projects. 450 Bakersfield, California, January 31, 1979 - Page 3 My question, No. 5 in the :report, clearly addressed the issue of tax subsidy to the area members, owners within the Redevelopment Area boundary. The staff concerned itself with how much Agency board members were paid. If the staff is still unclear on what the question meant then I suggest the staff read, if they haven't already, Mr. McCance's article of January 28, 1979, in the Bakersfield Californian entitled "Renewal Issue More Than Election Talk." This article explains my concerns much better than I can myself. I believe it is time for a true accounting of the Agency's cost. Councilman Christensen distributed copies of W. J. McCance's article that appeared in the Bakersfield Californian on January 28, 1979. There is one conclusion that can be drawn from this staff report: Agency members were apparently willing to spend large sums of money in order to induce private investors to invest in the downtown area. With the inflation situation being what it is, and prior to the passage of Proposition 13, tax increments provided the slush funds to make certain kinds of lucrative overtures possible. But even in the face of such grandiose offers investors shied away from the downtown area. What do you suppose they will do now that the Agency is :in debt and can no longer make such offers. Your honor, I should like, with your permission, to ask Mr. Bergen and the staff a few questions. Councilman Christensen asked, if the developers would go ahead with the proposed regional shopping center with the present three committed participants if a fourth cannot be negotiated. City Manager Bergen stated he wanted to make it very clear he is not speaking for the private sector; they are the ones that will be investing considerable :funds and make the decision. The developer has stated that two major department stores are needed before they can proceed with the development of a shopping center in the downtown area. The City has a letter of commitment from J. C. Penney's, but not a commitment from another major department store. Councilman Christensen asked if Mr. Jacobs has responded, in the affirmative, to a statement he made last June that things looked copacetic and in 4 to 6 months things should go ahead. Bakersfield, California, January 31, 1979 - Page 4 451 City Manager Bergen stated that it is very important to understand that the present policy of the Council and Redevelopment Agency, and the premise on which the Redevelopment Agency was formed, is that they only assist the private sector in development. Re- development as being practiced in the City of Bakersfield is based on the Redevelopment Agency assisting, not doing it. It is not urban renewal, like San Francisco, where you see blocks that the Redevelopment Agency purchased, removed buildings and then waited for the private sector to come in and develop. It has been the policy here that the City of Bakersfield not get involved in pur- chasing property and demolishing buildings until a private developer is committed to proceed. Without the Redevelopment Agency's assistance to put parcels together the present projects would not be possible and the old dilapidated and vacant buildings would still be there. By writing off the economic obsolescence, to the extent of removing 01d buildings and selling land to offset the cost of structured parking, they were able to come in with economical projects. Without this underwriting of costs those developments would not have taken place. This is the same basis the City is reacting to for a shopping center or hotel. It would not be advisable for the Council or Agency to start trying to do these projects themselves. The City should wait for the private sector to indicate a willingness and commitment to proceed. During discussion, Councilman Christensen asked, since the last proposed hotel site has been moved to the civic center parking lot, why would the Agency be involved in negotiating that project when it is public property and not a blighted area. What power does the Agency have to make a deal with public property since there are no tax increments involved? City Manager Bergen stated the direct power would be the authority granted to it by the City Council. The Agency negotiates on behalf of the City Council. 452 Bakersfield, California, January 31, 1979 - Page 5 Councilman Christensen made a motion that the staff provide the Council with an addendum of additional information, specifically addressing the previously asked questions which related to the comprehensive report, and also questions amplified by Mr. McCance's newspaper article, to be furnished to the Council in their packets on Monday, February 5, 1979. Councilman Medders stated he does not believe the staff is obligated, or that the Council should obligate them, to answer newspaper columns. That is one person's opinion and not necessarily what the Council perceives it to be. He felt the Council had already done a good job in helping Councilman Christensen campaign from the Council floor. If Councilman Christensen does not under- stand the report that is too bad, because it is not right to take up a lot more of the staff's time to do things he could have found out for himself. Councilman Medders also stated he had not learned anything tonight that he did not already know. Councilman Ratty stated he feels most of this information has been before the Council before. The report is good and the Redevelopment Agency is doing an excellent job, they serve with time and energy without remuneration. Mr. Gene Winer, Businessman in the downtown area and former Mayor of the City of Bakersfield (1960-64), spoke in favor of redevelopment. After a lengthy discussion, Councilman Sceales stated it is fine if a Councilman wants to pursue this subject further on their own time, but not on the Council floor. They could have gotten a lot more questions answered and they know that. They should not wait until they are on the Council floor to ask the questions,because a lot of time is wasted and it could have been done on a one-to-one basis with the staff. Councilman Christensen's motion that the staff provide the Council with an addendum of additional information, specifically addressing the previously asked questions which related to the Bakersfield, California, January 31, 1979 - Page 6 453 comprehensive newspaper on Monday, call vote: Ayes: Noes: Absent: that in report and also questions amplified by Mr. McCance's article, to be furnished to the Council in their packets February 5, 1979, failed to carry by the following roll Councilmen Barton, Christensen, Strong Councilman Medders, Ratty, Sceales None Pursuant to Section case of a tie vote by 14 of the City Charter, which states the Council the Mayor shall cast the deciding vote, Mayor Hart voted No. Mayor Hart stated his vote was based on what Councilmen Sceales and Medders both stipulated, that if the Council would seek this information from the staff they will give you the answers. City Manager Bergen invited any Councilman to call and the staff will try to furnish answers to the best of their ability. Mr. Bergen also stated that because of the rush to get the report prepared and to the Council last week, it was not properly proof- read and he corrected several typographical errors. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3456 to 3556, inclusive, in the amount of $215,981.19. (b) Late Claim for Damages from Joyce Linnette Gallendar, Emmit Roy Gallendar and Kristine Joyce Gallendar, 415 Roberts Lane, Apt. 14, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Paige Joseph Biggs, P. O. Box 2208, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from M. L. Norman, Jr., San Joaquin Billiard Supply, 143 Chester Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Personal Injuries from Robert Eugene Munn and Frank Lomely, 1306 Niles Street, Apt. B, Bakersfield. (Refer to City Attorney) 454 Bakers£ield, California, January 31, 1979 - Page 7 (f) Grant Deed for Utility Easement from the City of Bakersfield to Pacific Gas and Electric Company providing right-o£-way to construct, install, inspect, maintain, replace, remove and use their £acilities within the Carrier Canal right-of-way south of the proposed Truxtun Avenue Extension. (g) Application for Encroachment Permit from California Water Service Company for construction of a water line across City owned property located in the "green belt" north of Pacheco Road and east of South "H" Street. The line will improve domestic service to the area. (h) Plans and Specifications for construction of Farm Headquarters and Maintenance Building at Wastewater Treatment Plant No. 2. (i) Plans and Specifications for construction of lighting improvements at Beale Park, California Avenue Park and Jefferson Park. (J) Map of Tract No. 4069 and Improvement Agreement with Challenge Builders for construction of improvements therein, located north of Ming Avenue and west of South "H" Street. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong Noes None Absent: None ACTION ON BIDS Upon a motion by Councilman Medders, bid of Travenol Laboratories, Inc., for three year lease of property located at 2014 "L" Street, was accepted, the other bid rejected and the Mayor was authorized to execute the Lease Agreement. Upon a motion by Councilman Sceales, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with Motorola Communications for portable radios for the Police Department; and Budget Transfer Bakersfield, California, January 31, 1979 - Page 8 455 No. 11-624-7500, was approved. DEFERRED BUSINESS Adoption of Ordinance No. 2475 New Series of the Council of the City of Bakersfield amending Section 1.80.050 of Chapter 1.80 of Title i of the Municipal Code of the City of Bakers- field, respecting Emergency Organiza- tion and Functions. Upon a motion by Councilman Ratty, Ordinance No. 2475 New Series of the Council of the City of Bakersfield amending Section 1.80.050 of Chapter 1.80 of Title 1 of the Municipal Code of the City of Bakersfield, respecting Emergency Organization and Functions, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong Noes: None Absent: None Adoption of Ordinance No. 2476 New Series of the City Council of the City of Bakersfield amending Title 13 of the Bakersfield Municipal Code, permitting certain deviations under Development Plan approval in limited zones. Upon a motion by Councilman Ratty, Ordinance No. 2476 New Series of the City Council of the City of Bakersfield amending Title 13 of the Bakersfield Municipal Code, permitting certain deviations under Development Plan approval in limited zones, was adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong Noes None Absent: None Adoption of Ordinance No. 2477 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Westfield Road and Deseret Way. 456 Bakersfield, California, January 31, 1979 - Page 9 The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-I-CH (One Family Dwelling - Church) Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2477 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Westfield Road and Deseret Way, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong Ayes: Noes: None Absent: None Adoption of Ordinance No. 2478 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 4012 White Lane. The application for this amendment was made by Richard Villarreal and would change subject property from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Archi- tectural Design) Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2478 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 4012 White Lane, finding said zoning consistent with the General Plan, were adopted by the following roll Ayes: Councilmen Barton, Strong Noes: None Absent: None Christensen, Medders, call vote: Ratty, Sceales, Bakersfield, California, January 31, 1979 - Page l0 457 NEW BUSINESS Adoption of Resolution No. 11-79 of the Council of the City of Bakers- field supporting Fair Housing in the City of Bakersfield. This resolution states the City will promote Fair Housing with respect to the following: Upon of the Council in the City of vote: Ayes: Equal opportunity in the access and use of real estate; Ample supply of affordable decent housing for families of all sizes and income levels dispersed throughout the entire community; Encouragement and support of physically, economically and socially diversified communities throughout the entire City; Promotion of harmony among tenants, manage- ment, owners and the real estate industry. a motion by Councilman Strong, Resolution No. 11-79 of the City of Bakersfield supporting Fair Housing Bakersfield, was adopted by the following roll call Councilmen Barton, Christensen, Medders, Ratty, Scea]es, Strong Noes: None Absent: None Mr. Jack F. Balfanz, President of the Bakersfield Board of Realtors, presented a letter supporting the adoption of the resolution regarding Fair Housing in the City of Bakersfield. Adoption of Resolution No. 12-79 of the Council of the City of Bakers- field approving the Application for Grant Funds under the State Litter Control, Recycling and Resource Recovery Fund. The State Litter Control, Recycling and Resource Recovery Act of 1977 provides funds for litter' cleanup and litter law en- forcement. The City is eligible to receive $21,227 for litter removal from parks and public streets:. This resolution designates the Director of Public Works as the authorized person to submit all documents which may be necessary for the completion of this program. 458 Bakers£ield, California, January 31, 1979 - Page Upon a motion by Councilman Medders, Resolution No. 12-79 of the Council of the City of Bakersfield approving the Application for Grant Funds under the State Litter Control, Recycling and Resource Recovery Fund, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong Noes: None Absent: None Presentation by Fire and Development Services Department and Public Works Director of Proposed Amendment to the Land Use Element involving two (2) segments or areas. Principal Planner Mel Tooker, outlined the two segments of the General Plan (listed under the hearing) that are proposed for amendment and explained the basic land uses that would be allowed in these areas. Public Works Director Hawley commented on traffic considerations for these two areas. Adoption of Resolution No. 13-79 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final EIR, making findings and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 39-78, re proposed. General Plan Amendment and Zone Change Application for property located at the south- east corner of Planz and Stine Roads. The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment and Zone Change and recommended by Resolution No. 66-78, certification by the City Council. Upon a motion by Councilmar Sceales, Resolution No. 13-79 of the Council of the City of Bakerstield declaring it has reviewed, evaluated and considered the information contained in the Final EIR, making findings and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Bakersfield, California, January 31, 1979 - Page 459 Act, the State EIR Guidelines and City Resolution No. 39-78, re proposed General Plan Amendment and Zone Change Application for property located at the southeast corner of Planz and Stine Roads, was adopted by the following roll call vote: Christensen, Medders, Ratty, Councilmen Barton, Strong None None Ayes: Noes: Absent: Adoption of Resolution No. 14-79 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final EIR, making findings and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 39-78, re proposed General Plan Amendment and Zone Change Application for approximately 125 acres of land located along California Avenue from Easton Drive and Marella Way on the north and Lennox Avenue and Business Center Drive on the south. Sceales, The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment and Zone Change and recommended by Resolution No. 67-78, certification by the City Council. Upon a motion by Councilman Ratty, Resolution No. of the Council of the City of Bakersfield declaring it has 14-79 reviewed, pleted in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 39-78, re proposed General Plan Amendment and Zone Change Application for approximately 125 acres of land located along California Avenue from Easton Drive and Marella Way on the north and Lennox Avenue and Business Center Drive on the south, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong Noes: None Absent: None making findings and certifying that said Final EIR has been com- evaluated and considered the information contained in the Final EIR, 460 Bakersfield, California, January 31, 1979 - Page ]3 HEARINGS This is the time set for public hearing regarding Amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerning those properties located on the: 1.Southeast corner of Stine Road and Planz Road; 2. West side of California. Avenue, between Lennox Avenue and Easton Drive, and on the east of California Avenue, between Business Center Drive and Marella Way. This hearing has been duly advertised and the property owners have been notified as required by law. This proposed amendment was approved by the Planning Commission, after a public hearing, on December 20, 1978, and recommended for adoption by the City Council. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 15-79 of the Council of the City of Bakersfield making findings and approving Amendment to the Land Use ~:lement of the Bakersfield Metropolitan Area General Plan and certifying Final Environmental Impact Reports, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong Noes: None Absent: None This is the time set for public hearing before the Council on Resolution of Intention No. 940 of the Council of the City of Bakersfield, declaring its i~tention to order the vacation of a portion of Manor Street located at the northwest corner of West Columbus Street and Union Avenue, in the City of Bakersfield. This hearing has been duly posted. Bakersfield, California, January 31, 1979 - Page 14 461 pation. portion action. Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public of the hearing was closed for Council deliberation and Upon a motion by Councilman Ratty, Resolution No. 16-79 of the Council of the City of Bakersfield ordering the vacation of a portion of Manor Street located at the northwest corner of West Columbus Street and Union Avenue, in the City of Bakersfield, was adopted by the following roll call vote Ayes: Noes: Absent: Councilmen Barton, Christensen Medders, Strong Council, adjourned at 9:20 P.M. Ratty, Sceales, None None ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was ATTEST: CITY ~RK and E~Officio Clerk of the Council o£ the City of B~(kersfield, California ma 462 Bakersfield, California, February 7, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 7, 1979. The meeting was called to order by Vice-Mayor Medders, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. The City Clerk called the roll as follows: Present: Councilmen Christensen, Medders, Ratty, Sceales, Strong, Barton (seated at 8:05 P.M.) Absent: Mayor Hart. Minutes of the regular meeting of January 31, 1979 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Thomas W. Smith, 3908 Panorama Drive., dated February 5, 1979, requesting that a strip of City-owned property, 100 feet east of his residence, be declared surplus so that it may be purchased, was received and referred to staff for study and recommendation. Upon a motion by Councilman Ratty, communication from Eddy & Tuculet, Architects, dated February 6, 1979, requesting annexation of property located on the north side of Stockdale Highway (directly across from Stockdale Country Club), just west of Las Portalas development, containing approximately 8 acres of land, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Sceales stated he received a communication from Castle School Parent Club, 6001Edgemont Drive, dated January 31, 1979, requesting that the City staff meet with school officials to discuss use of school playgrounds in conjunction with the development of an adjacent park. Ceuncilman Sceales requested that the staff contact school officials and make arrangements for a meeting to draft a mutual agreement. Bakersfield, California, February 7, 1979 - Page 2 463 Councilman Sceales also stated that it is his under- standing that the Planning Commission's Park Committee is in the process of evaluating improvements w~Lthin neighborhood parks and made a motion that the communication from Castle School Parent Club, dated January 31, 1979, be referred to the Planning Com- mission for study and recommendation. This motion was unanimously approved. Upon a motion by Councilman Sceales, Mr. Lynn E. Hall, 713 Cantleberry Lane, was reappointed to the Board of Directors of the Golden Empire Transit for a four year term expiring January 6, 1983. Councilman Medders apologized to the residents along Park Way, Sunset Avenue, Elm Street and Myrtle Street for the inconveniences during the construction of a storm drain project. The contractors began construction the morning before the bid was awarded. Most people can understand and go along with an incon- venience if the benefits are such that they will gain in the long run and there have been drainage problems in that area. However, the residents were not given proper notification prior to the start of construction so they could make other arrangements. Councilman Medders asked the Public Works Director why the residents were not notified and what is being done to make sure this does not happen again. Director of Public Works Hawley stated it is correct that the contractor started work on the morning of January 24, 1979, and the bid was awarded that evening. It was not authorized by the Public Works Department, steps have been taken to correct this situation and there are certain steps that can be taken so this will not happen again. Due to the fact that it was not authorized there was not sufficient time to prepare a handout. It is the policy of the Public Works Department to prepare a handout and go door-to-door contacting residents and if they are not at home a copy is left with a phone number so they know who to 464 Bakersfield, California, February 7, 1979 - Page 3 contact if a problem arises. There are two things that can be done and employees in the Public Works Department have already been instructed to do the following: 1. Revise specifications so that the contractor is required to have a written notice to proceed before commencing work. 2. The Public Works manual of instructions for employees has been amended to include a procedure that will be followed on all future construction projects. It has been a policy of the Public Works Department to notify residents, but it has not been in written form. REPORTS Public Works Director Hawley read a report, dated February 5, 1979, regarding Traffic Problems at the Intersection of Columbus Street and Auburn Street:, as follows: Pursuant to the Council's request at the November 8, 1978 Council Meeting, we have reviewed the traffic data and made a field study of traffic movements; at the intersection of Columbus Street and Auburn Street. Attached is a report of the findings by Jerry Hahs, Traffic Engineer. As recommended in the report, I have ordered the signing and striping changes to be made. We will continue surveillance of the intersection and data will be reviewed to determine if additional traffic control devices are warranted. Mr. Joe Weldin has been notified of our report and recommendation. Councilman Sceales stated a contract for installation of traffic signals at the intersections of Stine Road & Ming Avenue and New Stine Road & Ming Avenue was approved approximately three weeks ago and he asked when the work will be completed. Director of Public Works ttawley stated the contract has a five month completion date and the work should be completed in that time. CONSENT CALENDAR The following items were ~[isted on the Consent Calendar: (a) Allowance of Claims Nos. 3558 to 3659, inclusive, in the amount of $595,013.05. Bakersfield, California, February 7, ]979 - Page 4 465 (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (1) Claim for Damages from Randy Page, 3216 Hughes Lane, Bakersfield. (Refer to City Attorney) Claim for Damages from Cheryl Neilson, 710 Idlewood Court, Bakersfield. (Refer to City Attorney) Sewer and Access Easements from Tri-Plex Trading Corporation as required for Parcel Map Nos. 4807 and 4954. Street Right-of-Way Deed from Helfac Corporation and Ruth Thayer providing for a return at the northeast corner of 40th Street and "Q" Street as required for Parcel Map No. 4955. Sewer and Access Easements from Helfac Corporation and Ruth Thayer as required for Parcel Map No. 4955. Grant of Road Easement from Sing Lum providing necessary right-of-way for construction of a portion of Akers Road between White Lane and Alum Avenue. Grant of Sewer Line Easement from Tenneco Realty Development Corporation providing a strip of land 20 feet in width to lay, construct, operate, maintain, repair, reconstruct, change the size of and re- move a sanitary sewer trunk line to service the Laurelglen Area located between South Laurelglen Boulevard and Ashe Road. Grant of Road Easement from Tenneco Realty Development Corporation providing necessary right-of-way for construction of a por- tion of Ashe Road between Half Moon Drive and Herb Way. Improvement Agreement for construction of sidewalks in Tract Nos. 3931 and 3932, located south of White Lane, west of South Real Road. Notices of Completion and Acceptance of Work for street and sewer improvements in Tract No. 3931-A, Contract No. 78-43, Tract Nos. 3931-B, C & D, Contract No. 78-126, Tract No. 3932-A, Contract No. 78-44 and Tract Nos. 3932-B & C, Contract No. 78-127 with Challenge Builders. Notice of Completion and Acceptance of Work on construction of Canal Culverts at White Lane and Stine Canal and Stine Canal and Farmer's Canal - Contract No. 78-148 with Granite Construction Company. 466 Bakersfield, California, February 7, 1979 - Page 5 (m) Notice of Completion and Acceptance of Work on construction of Curbs and Gutters on various streets in the Mayflower- Sunset Tract, E.D.A. Project No. 07-51- 22588, Phase II - Contract No. 78-22 with Jim Alfter. (n) Application for Encroachment Permit from Harolyn L. Johnson, 2334 Dracena Street, for construction of a 4-foot high wood fence extending to the back of sidewalk along side of property lines at 325 Holtby Road. (o) Application for Encroachment Permit from Lee B. Reed, 6601 Bridgeport Lane, for construction of 6-foot high fence on a 3-foot high retaining wall along back of sidewalk at southwest corner of Bridge- port Lane and Angels Camp Street. The fence will begin at rear property line and run approximately 40' along back of sidewalk on Angels Camp Street. (p) Plans and Specificat±ons for pavement improvements on portion of Ashe Road, Fairfax Road and Panorama Drive. (q) Plans and Specifications for construction of curbs and gutters~ paving and street improvements within an area bounded by California Avenue, Union Avenue, Santa Fe Railroad tracks, East Truxtun Avenue and Southern Pacific Railroad tracks. (r) Plans and Specifications for King Street reconstruction between Brundage Lane and California Avenue. (s) Agreement with Pacific Gas and Electric Company for installation of two street lights along Stine Road. (t) Request from James W.. Jacobs for abandon- ment of portion of "0" and 23rd Streets, lying adjacent to Lot 7 Block 149 of Baker's Homestead Tract. (Refer to Planning Commission for study and recom- mendation) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s) and (t) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Sceales, Strong, Barton Noes: None Absent: None Bakersfield, California, February 7, 1979 - Page 6 467 ACTION ON BIDS After discussion, upon a motion by Councilman Ratty, low bid of Christeve Corporation for construction of Sanitary Sewer in Panama Lane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Councilman Barton voted in the negative on this motion. Councilman Barton clarified his negative vote by stating that the development of this project and eventual participation may be valid to some degree, but he would like more assurance than that, if the City taxpayers are paying $600,000 front money with the idea that somewhere down the line the City will get it back. It is about time the Council takes an honest and forthright stand in making developers come up with a guarantee that subvention by the rest of the taxpayers will be reimbursed. Upon a motion by Councilman Ratty, low bids of O. B. Nuzum Tire Service (22 items), Trans State Wholesale (11 items), and Goodyear Tire Service (4 items) for Annual Contract No. 11680 for Tires and Tubes, were accepted, all other bids rejected and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Sceales, Council action of October 4, 1978, awarding bid for two Four-Wheel Street Sweepers to M-B Company, was rescinded and the Finance Operations Manager was authorized to rebid the items. Upon a motion by Councilman Christensen, low bid of Central Valley Supply for Miscellaneous Pipe and Accessories, was accepted and all other bids rejected. Upon a motion by Councilman Sceales, Iow bid of Hunsaker Construction Company for construction of Sanitary Sewer in the Laurelglen Area, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. 468 Bakersfield, California, February 7, 1979 - Page 7 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 3.30 of the Munici- pal Code of the City of Bakersfield by amending Section 3.30.040 authorizing certain employees to make arrests. This ordinance authorizes such employees as Community Service Technicians to issue citations for bicycle violations. First reading was considered given an Ordinance of the Council of the C~ty of Bakersfield amending Chapter 3.30 of the Municipal Code of the City of Bakersfield by amending Section 3.30.040 authorizing certain employees to make arrests. Acceptance of Grant Deed from Tenneco Realty Development Corporation pro- viding 8.1 acres of land located on north side of Westwold Drive east of Gosford Road to be used for a fire station, drainfield and a possible future park. The land will not be developed as a park unless funds become available and are budgeted for construction and maintenance. Upon a motion by Councilman Sceales, Grant Deed from Tenneco Realty Development Corporation providing 8.1 acres of land located on the north side of Westwold Drive east of Gosford Road to be used for a fire station, drainfield and a possible future park, was accepted. Adoption of Resolution No. 17-79 of the Council of the City of Bakers- field approving Negative Declaration for the construction of the Chester Avenue and Southern Pacific Railroad Separation of Grade Project, and approving said Project. Approval of the Negative Declaration is necessary prior to the Public Utilities Commission Order for Construction of the project. After the P.U.C. Order is made, the City can make application with Caltrans for approval and allocation of funds for the project. This will have to be accomplished prior to April 1, 1979, in order for the project to be funded in the 1979-80 Fiscal Year. Bakersfield, California, February 7, 1979 - Page 8 469 Upon a motion by Councilman Ratty, Resolution No. 17-79 of the Council of the City of Bakersfield approving Negative Declaration for the construction of the Chester Avenue and Southern Pacific Railroad Separation of Crade ~roject, and approving said Project, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Sceales, Strong, Barton Noes: None Absent: None Approval of Joint Agreement between the County of Kern, City of Bakers- field and Quad Consultants, Inc., for the initial phase of a Senior Citizen's Center Study, in the amount of $2,000, with the understanding that prior to any further work being done on subsequent phases, prior Council approval must be obtained. The focus of the Senior Citizen's Study will provide needed information as to accessibility, uses, size, location of available sites, methods of maintenance, etc. The study will be jointly financed with City and County Community Development Block Grant funds. The study will be instrumental in selecting a site which will serve the largest number of senior citizens within the Bakersfield Metropolitan Area. Councilman Strong made a motion that the Joint Agreement between the County of Kern, City of Bakersfield and Quad Consultants, Inc., for the initial phase of a Senior Citizen's Center Study, in the amount of $2,000, with the understanding that prior to any further work being done on subsequent phases, prior Council approval obtained, be approved and thc, ~ayor authorized to execute must be same. Mr. Harry Tow, Quad Consultants, Inc., answered questions of the Council regarding the differer~t phases and cost of the study. During discussion, Councilman Barton stated he is whole- heartedly in favor of a Senior Citizen's Facility. However, he does have some reservations about the study because he has not seen the contract and timetables, and $70,000 would go a long way in funding and developing the facility and program. Bakersfield, California, February 7, 1979 - Page 9 Councilman Barton offered a substitute motion that action on the Joint Agreement be deferred until the next Council Meeting, with the stipulation that staff and Quad Consultants submit more detailed information in respect to timetables and cost factor for each phase of the survey. Barton's substitute motion call vote: Ayes: Councilman Barton Noes: Absent: After a lengthy discussion Councilman failed to carry by the following roll Councilmen Christensen, Medders, Ratty, Sceales, Strong None Councilman Strong's motion that the Joint Agreement between the County of Kern, City of Bakersfield and Quad Consultants, Inc., for the initial phase of a Senior Citizen's Center Sfudy, in the amount of $2,000, with the understanding that prior to any further work being done on subsequent phases, prior Council approval must be obtained, was approved and the Mayor was authorized to execute same by the following roll call vote: Ayes: Councilmen Christensen, Noes: Councilman Barton Absent: None Medders, Ratty, Sceales, Strong Approval of Agreement between the City of Bakersfield and Harding & Mue]ler, Architects, providing the terms and performance requirements for the design of a Fire Station near the intersection of Westwold Drive and Gosford Road. Upon a motion by Councilman Sceales, the City of Bakersfield and Harding & Mueller, Agreement between Architects, providing Station near the intersection of Westwold Drive and Gosford Road, was approved and the Mayor was authorized to execute same. Approval of Transfer of Capital Improvement Program Funds for in- stallation of Traffic Signals at 21st and Oak Streets and Pierce Road and Gilmore Streets. The Traffic Engineer has recommended a high priority for the installation of traffic signals at 21st and Oak Streets and at the terms and performance requirements for the design of a Fire Bakersfield, California, February 7, 1979 - Page l0 471 Pierce Road and Gilmore Street. Funds have not been budgeted for these two signals. Within the current budget are funds in the amount of $129,000 which were budgeted for widening and reconstructing 18th Street between "F" Street and Chester Avenue. It is the Public Works Director's recommendation that this project be deleted and reconsidered at some future date and that the $129,000 be allocated for the traffic signals at 21st and ()ak Streets and at Pierce Road and Gilmore Street. Upon a motion by Councilman Ratty, Transfer of Capital Improvement Program Funds for installation of traffic signals at 21st and Oak Streets and at Pierce Road and Gilmore Street, which were originally budgeted for widening and reconstructing 18th Street between "F" Street and Chester Avenue, in the amount of $129,000, was approved. Approval of Engineering Services Agreement between the City and Perry and Louden for investigation and design of new traffic signals at the intersections of 21st Street at Oak Street and Pierce Road at Gilmore Street and modification of existing traffic signals to provide mastarm signal heads on Chester Avenue at 18th, 19th, 20th and 21st Streets. Upon a motion by Councilman Ratty, Engineering Services · Agreement between the City and Perry and Louden for investigation and design of new traffic signals at the intersections of 21st Street at Oak Street and Pierce Road at Gilmore Street and modi- fications of existing traffic signals to provide mastarm signal heads on Chester Avenue at 18th, 19th, 20th and 21st Streets, was approved and the Mayor was authorized to execute same. Adoption of Sewer Service Area Boundary for a portion of Sections 23, 24, 25 and 26 of T30S, R27E and Sections 19 and 30 of T30S, R28E and establishing Sewer Connection Fees within the boundary. This service area boundary includes portions of an area bounded by Stine Road on the west, Pacheco Road on the north, Union 472 Bakersfield, California, February 7, 1979 - Page ll Avenue on the east and the Arvin-Edison Canal on the south. It is being requested that approval be given to the sanitary sewer ser- vice area and sewer connection fees for all properties within the benefited area boundary to pay a portion of the construction cost of the Panama Lane Trunk Sewer. Upon a motion by Councilman Barton, Sewer Service Area Boundary for a portion of Sections 23,'24, 25 and 26 of T30S, R27E and Sections 19 and 30 of T30S, R28E and establishing Sewer Connection Fees within the boundary, was adopted. First reading of an Ordinance of the Council of the City of Bakersfield authorizing an Amendment to the Contract between the City Council of the City of Bakersfield and the Board of Administration of the California Public Employees' Retire- ment System. This ordinance amends agreement with P.E.R.S. to give effect to changes authorized by the Council. First reading was considered given an Ordinance of the Council of the City of Bakersfield authorizing an Amendment to the Contract between the City Council of the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System. Approval of Municipal Farm Lease Agreement between Jeff and Marjorie Reyes and the City of Bakersfield. This agreement extends the lease on a parcel of property that is not incorporated in the Garone Lease until October, 1979. It allows the current farmer to continue to lease the land from the City until July 31, 1979. Upon a motion by Councilman Ratty, Municipal Farm Lease Agreement between Jeff and Marjorie Reyes and the City of Bakers- field, was approved and the Mayor was authorized to execute same. Bakersfield, California, February 7, 1979 - Page 12 473 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:20 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex-Officio Clerk of tile Council of the City of Bakersfield, California BY ma 474 Bakersfield, California, February 21, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 21, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Inw)cation by Director of Public Works Dale Hawley. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Ratty, Sceales, Strong, Barton, Christensen Absent: None Minutes of the regular meeting of February 7, 1979 were approved as presented. Councilman Medders requested the Clerk to read Council- man Strong's motion and vote on that motion to approve a Joint Agreement between the County of Kern, City and Quad Consultants, Inc., for the initial phase of a Senior Citizen's Center Study, in the amount of $2,000, on pages 8 and 9 of the minutes of the meeting of February 7, 1979. Councilman Medders quoted a verbatim excerpt from the February 13, 1979, Channel 17, 6:00 P.M. news. The speaker was interviewing John Means: "Medders supported, last week, $70,000.00 for a study to see if there is a need for a Senior Citizen's Center. Well the need is there but they haven't even talked to the center---gone out and talked to the group. So let's save that $70,000.00 and put that into a new building rather than seem to have a study to see if we need a study. That doesn't make sense." Councilman Medders made the following statement: The part that doesn't make sense, to me, is how you can confuse $2,000.00 with $70,000.00. I have never used this Council seat as a means of promoting myself or campaigning. I feel that my integrity has been attacked and I will not stand for it or put up with it, because I don't have to. There is no need for this kind of statement to loosely fall around or for a person to run out and say anything they think of and have people believe it. If a person obviously distorts facts, as has clearly been Bakersfield, California, February 21, 1979 - Page 2 475 shown, then what creditability does he have for talking about budgets and other items. My answer is absolutely none. SCHEDULED PUBLIC STATEMENTS Mrs. Anne Monroe, 3991Marella Way, made a statement regarding laws that are now in existence and asked why some of them are not being enforced. Mrs. Monroe also questioned the City's participation in government giveaway programs. Mayor Hart invited Mrs. Monroe to meet with him and several staff members, in his office, to answer her questions. Mr. John Means, 311Holtby Road, stated that he would like to respectfully request that the Council take the necessary steps to repeal the garbage tax. He stated he will be accused of political grandstanding but assured tile Council that his intentions are sincere. The reason this request is being made is, that when the Council passed the garbage tax on June 15, 1978, the City of Bakersfield enjoyed an unrestricted surplus of $4,262,298.00. That is in the City of Bakersfield's Annual Budget, Schedule l, balance as of July l, 1978, Available Revenues, page 5, and is in addition to the restricted surplus of $1,800,000.00. Therefore, the garbage tax was totally unnecessary, because the City had the available revenues to collect garbage without further taxing the citizens. Councilman Christensen stated that he is not opposed to user pay fees if they are needed for essential services of the City. When essential services are ill jeopardy he is prepared to vote for additional taxes. He agreed with Mr. Means' statement because of the City's surplus financial condition when the garbage tax was proposed. He felt the added tax, at that time, was not necessary and it is not necessary now. He voted against it then and is prepared to vote against it now. Councilman Christensen made a motion that the garbage tax, passed in 1978, be repealed. 476 Bakersfield, Cali£ornia, February 21, 1979 - Page 3 Councilman Ratty stated that about the surplus in May of last year. and a memo was presented on that date. all of the Councilmen knew These funds were not hidden In fact there were alter- natives published shortly after that stating what could be done and how to arrange the budget. What Mr. Christensen says of these statements is unfortunate because he was asked, at that time, where the budget could be cut by $1,000,0©0.00, if the money was not forthcoming. No one wanted to take $1,000,000.00 from the Police and Fire Departments or cut Recreation in half. Dr. Ratty also stated he could not understand what the trouble is, because all that money was used. He would like to know where the Council is going to cut $1,000,000.00. He asked the Councilmen, who did not want to pass the tax, where they wanted to cut the budget. The Council was asked this last year and they just did not do it. He felt the statements made tonight were irresponsible and the Council floor was being used for campaigning purposes. The Council Chambers have never been used this way before and there is not a Councilman in these Chambers who want to pass taxes that are not necessary. The Council passed the 'tax to balance the budget, to balance the services they feel require it. Councilman Medders stated the word "tax" is being mis- used. A tax has not been levied; it is a refuse collection fee or user fee. Nobody is going to propose or vote for a user pay fee or tax that is not needed in an election year and then run for office. This matter of the budget can be cleared up once and for all because, obviously, there are people that do not read correctly. They read down the columns instead of across and they are confused. Councilman Medders stated he requested Assistant City Manager-Finance Kelmar to prepare a budget document large enough for everyone to see and explain it so everyone can under- stand. Assistant City Manager-Finance Kelmar stated, as Council- man Ratty alluded to, early in 1978 the staff made a report to the Bakersfield, California, February 21, 1979 - Page 4 477 they wanted to keep in the City of Bakersfield. able to finance this budget there are basically revenue: Council regarding the City's financial status. The concern was the possibility of Proposition 13 passing and where the City would stand. On May 3rd a report was made to the City Council, based on the best information the staff had available at that time, indi- cating what the alternatives were for financing the budget with- out the passage of Proposition 13 and what they would look like if it passed. The staff prefers to call these funds "carryovers," and there is a definite distinction between the term carryover and surplus. It has always been the policy of the City of Bakers- field to use any remaining funds to finance next year's operations. Surplus to the staff means taking monies, setting it aside and not using it; that has never been the City's policy. Money left over, when the books are closed on June 30th, has always been used to finance next year's budget. At that time the staff made an estimate that the carryover would be 3.9 million dollars. When the books were closed on June 30th, they are not actually closed until sometime in August when the final accounting entries and bills are taken into consideration, this carryover amounted to 4.2 million dollars. The staff had made an estimate about 3 or 4 months in advance and it was off a few hundred thousand dollars. With the aid of a very large photo of Budget Summary Schedule l, page 5 of the 1978-79 Annual Budget, showing the General Tax Rate categories, Assistant City Manager-Finance Kelmar stated the final budget appropriation of 24.5 million dollars basically represented the level of service the Council decided In order to be three sources of Carryover balances of 4.2 million dollars, plus the restricted balances. Sales Tax, Building Permit Fees, Business License Fees and things of that nature, approximately 16.5 million dollars. 3. Property Taxes. 478 Bakersfield, California, February 21, 1979 - Page 5 In addition there is a "Transfers In" column which, in effect, represents reductions of reserves that were necessary in addition to the other sources of revenue to be able to finance the budget. Assuming the level of expenditure of 24.5 million dollars, it becomes obvious that all of the carryovers, property taxes, reduction in reserves and other reveaues were necessary to balance the budget. The 4.2 million dollars is used entirely in the budget. Without the garbage charge the budget was not balanced and the $900,000.00 for one-half year revenue was necessary to balance that budget. In regards to the allegations of the other "surplus" the City has sitting around of 1.8 million dollars, the Charter of the City of Bakersfield requires the City to have a cash fund which will enable it to carry out its operations for the first four months of the year, which, in effect, means until property taxes are due. Historically, the City generally receives approximately half of that property tax revenue in December. It has been indi- cated that the actual revenue the City will receive is approximately 3.6 million dollars. As a result it was necessary to have 1.8 million dollars on hand in order to meet that Charter requirement. At the beginning of the year the City had 2.245 million dollars and to follow the Charter the reserve was reduced by $445,000.00 to bring it down to $1,800,000.00. This money was used to help balance the budget. In order for the City to be able to finance the level of service the Council adopted it was necessary to use all the carry- overs, $775,000 reduction in reserves and the $900,000 for garbage charges. Those three items enabled 'the City to make up the 3 million dollars lost in property taxes. There is no question that without the garbage charge the City budget would not have been balanced. The entire 4.2 million dollars was used to finance the 1978-79 budget. Bakersfield, California, February 21, 1979 - Page 6 479 Mr. Arthur Rockoff, 4501 Christmas Tree Lane, stated as a permanent resident of this City he wished to make it clear that he was not here to speak for or against the refuse collection fee. People living in the 3rd Ward have expressed a sincere concern about the confusion relating to the budget surplus. He stated his comments would be limited to his field of expertise. After studying the City budget he reached the following conclusions. The current budget provides for no surplus, except that required by law and responsible fiscal policy. Sometimes in the heat of election rhetoric the true facts become unclear. He wished to clear the air and give his interpretation of what, in fact, has transpired. During the Fiscal Year 1977-78 the City operated under a budget and during that year Bakersfield experienced a dramatic economic activity beyond that projected. That situation produced more income than was expected. This additional income is being returned to the people of Bakersfield in the form of services now being provided. If the funds from 1977-78 had not been available the people of this City would have been faced with two alternatives; (1) $4,000,000 in fees for services now being provided, or (2) $4,000,000 or approximately a 16% reduction of present services. Mr. Rockoff stated he is satisfied that the $4,000,000 overage from the 1977-78 year is now being returned to the people. Councilman Sceales clarified the way he is going to vote on Councilman Christensen's motion by stating that the majority of the City Council passed the Emergency User Pay Garbage Fee Ordinance in the anticipation of not having enough funds to continue present services. The cost to homeowners is $3.00 per month and has been in effect for one month. The Council asked the citizens of Bakersfield to allow the time to determine the City's financial position, as any other business requires, in which to make an intelligent and unemotional decision. Decisions made emotionally and under threat are always wrong. Within four months the City 48O Bakersfield, California, February 21, 1979 - Page 7 will know what the budget requirements will be and, like the Utility Tax, if the user fee charge is not required it will be eliminated. The majority of the Counci~ will never bow to any form of coercion or political denunciation. Councilman Sceales indicated that he intends to vote no on Councilman Christensen's motion. Mrs. Pat Narinian, City resident, stated she is very hearing about the 4.2 million dollars surplus. It is tired of not a surplus; it is a carryover from the previous year, as we were told. It helped pay this year's expenses. It is already spent and by July 1st there will not be a cent left. There is not a surplus and it is a good thing the City had that much left over last year, because it helped pay for the garbage cost among other things. This year's garbage costs are 2.3 million dollars and the Garbage User Pay Fee will only cover $900,000 of it. For those who want to get rid of this User Pay Fee, I would like to ask where the money will come from to continue garbage service, plus all the other services, when 85% of the budget goes to pay for Police and Fire protection, parks and Public Works. She did not feel too many people want to see cuts in those areas. She felt the City is extremely efficiently run. It is too bad that cannot be said for other levels of government. The City has grown from 16 square miles to 80 square miles with hardly any increase in the number of employees. The City's financial position is very strong, not like Cleveland or New York. The City lost 3 million dollars in revenue due to Proposition 13, yet the budget was balanced, no employees were laid off, the high level of service was continued and the taxpayers were only asked for an additional $900,000 for the current budget. The $3.00 per month User Pay Fee is small when compared to what other communities are paying. Bakersfield's fee is small because it is being subsidized out of the General Fund which includes the so-called 4.2 million dollar surplus. Bakersfield, California, February 21, 1979 - Page 8 481 Mrs. Narinian also stated she was tired of hearing about the garbage issue and she is almost ready to request the Council to completely quit subsidizing it with tax money. If the tax- payers are that upset over $3.00 per month let them pay the whole bill. Then they will be paying 2 or 3 times as much as they are right now for garbage pickup. The City residents had better wake up to the bargain they are getting in the way this City is run. It is very efficiently run and I am very proud of what these men are doing. Councilman Ratty called for the question. Councilman Strong stated he remembers some of the justi- fications made by the staff in attempting to justify this tax, and it is a tax. There was a lot of concern on the part of the staff to pass it as a tax before the deadline imposed by Proposition 13. It required 5 votes of the Council instead of the usual 4, simple majority, because it is a tax. This report might impress a number of you who are not familiar with how the staff does things. He indicated he was not very impressed in that it is a very simple matter to make available taxes equal budget appropriations. That is the trick and it is a trick. There is no way that any staff member in this Chamber can sit here and tell me the budget will be balanced as of July l, 1979, because that amount of money which they show under budgeted appropriations has not been spent. It is just a means of balancing available revenues. Councilman Strong stated if he remembered correctly, as the Council was debating the whole issue of garbage assessments, Proposition 13 had not passed at that time. The staff projected that they would receive about 31% of the property taxes that was presently being received prior to the passage of Proposition 13. The staff did not tell you that now that 4 million plus represents about 56% of the revenues. The assessed valuation in the City of Bakersfield has increased since the last assessment, over 500 million dollars. That is not in the report. Also the cost of sewer services is no longer a burden on 482 Bakersfield, California, February 21, 1979 - Page 9 the General Tax Category. The operation and maintenance of sewer services will be paid for with an additional fee. So we are talking about losing approximately 3 million dollars under Proposi- tion 13 and picking up 1.9 million dollars under garbage tax and a certain amount of money under sewer tax. Coupled with the carry- over of last year, that is quite a b~t of money. Some neighbor- hoods under Proposition 13 did not get a tax reduction. As a matter of fact, their taxes were increased up to 200%. That was not in just a small segment of the C~ty; that fact exists in a large segment of the City. Certain people who are on fixed incomes were not paying any taxes or $25 to $30 per year, now are faced with a tax burden of $200, $250 to $300. It does not hurt those of you who happen to live in an elite section of the City where the taxes were reduced. It is a tremendous burden on those persons who live in that area where the taxes have been increased some 200%. In addition to that they are going to have to pay a sewer fee. With that sewer fee, the garbage tax, P. G. & E., facing a cut in Social Security and sometimes incomplete report by the staff and sometimes inconsistent City Council, I do not see how some people are going to make it. Councilman Strong further stated he could certainly support: the motion because he is not impressed. This is the same kind of report that the Council received when the tax was proposed. It is not accurate. When July 1st comes there will be another one. This one will be scrapped and it goes on and on and on. He stated he knows because he sits here week after week. The truth is that the garbage tax is not a big thing, except for the fact it was unneces- sary. The sewer tax was necessary, hut because of the surplus that, too, could have been delayed. He stated since being on this Council he has tried to take a very responsible position. When essential services were in jeopardy, he has voted to maintain that level of services which he felt the citizens of this community wanted. The garbage tax does not mean that the level of essential services will Bakersfield, California, February 21, 1979 - Page 10 483 be raised by any stretch of the imagination. What it does insure is that ~he City will have all the money it need~ for all the expenditures that it wants. If you out there are satisfied with that kind of arrangement then it is suggested that you keep on applauding when somebody gives you an incomplete report, such as this. If you really want to know the facts, it is suggested that you come down to City ttall, go in the back room an~ ask the hard questions that must be asked in order to get the facts. He stated he did not see how a person can take one page and explain a 35 million dollar budget. It is not really 24 million, it is 35 million. Councilman Ratty's motion to call by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales Noes: Councilmen Strong, Barton, Christensen Absent: None Pursuant to Section 14 of the City Charter, that in case of a tie vote by the Council, the Mayor deciding vote, Mayor Hart voted Aye. During discussion Councilman Christensen asked how much money is in each Contingency Fund and is this money part of the surplus being discussed. Assistant City Manager-Finance Kelmar stated this is a situation that covers many different areas. is one part of the budget "~eneral Tax Rate" General Tax Rate category there is a Council for the question carried which states shall cast the $400,000. It is money that is budgeted each year for any emergency that may arise during the year that the Council sees fit to expend funds on. There was approximately $177,000 of that remaining at the end of the last fiscal year and that money is included in the 4.2 million dollars. What can be seen here category. Within that Contingency Fund of 484 Bakersfield, California, February 21, 1979 - Page 11 passed call vote: Ayes: Councilmen Strong, Noes: Councilmen Medders, Absent: None Councilman Christensen's motion that the garbage tax, in 1978, be repealed failed to carry by the following roll Christensen Ratty, Sceales, Barton Councilman Barton clarified his negative vote by stating that he wished the Council had not been put into this position at this time. It is unknown what the carryover will be and whether or not the fees can be rejected or modified for next year's budget. Until such time as the picture becomes clearer as to what the City's funds will be and the level of services to taxpayers, he would vote No. Councilman Medders stated he could not vote for something that would unbalance the budget at this time of the year. These things are not set in concrete and il! it is found they are not needed, or any part not needed, it can be reduced. The Council is trying to provide essential services the best way they know how. It is not to try to rip and dig the public. It is to try and give the public the things they are used to. As long as it can be done he thought it was the thing to do. Mayor Hart declared a brief recess at 9:05 P.M. and the Council reconvened at 9:08 P.M. Mr. Thomas J. Anton, of the law firm of Darling, Macklin & Day who represent Sierra Flight Service, stated they were under the impression a statement would be made tonight regarding the air transportation service affecting Kern County and the Mayor has indicated that is what will happen. Mr. Anton explained Sierra Flight Service's flights to Las Vegas beginning March 1, 1979 and stated they are contemplating other services in the future. Bakersfield, California, February 21, 1979 - Page 12 485 Upon a motion Center Neon Co., Inc., 430 East 1979, requesting the Council to Planning ComMission's denial of CORRESPONDENCE by Councilman Sceales, communication from 21st Street, dated February 15, hear an appeal regarding the their request for a double-faced plastic sign for the Black Angus Motel, was received and Wednesday, March 7, 1979, was the date set for hearing of that appeal. Upon a motion by Councilman Ratty, communication from the State Department of Parks and Recreation, dated February 14, 1979, notifying the City that the First Baptist Church at 1200 Truxtun Avenue has been placed on the National Register of Historic Places, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from the City of Arcadia, dated February 16, 1979, regarding financial support for a lawsuit filed against the City of Arcadia, was received and referred to staff for study. COUNCIL STATEMENTS Adoption of Resolution No. 18-7~ of the Council of the City of Bakers- field supportin~ the Kern County Board of Supervisors in their petition to the Civil Aeronautics Board and the Public Utilities Commission for consider- ing airline service into the Bakersfield Metropolitan Area. Mayor Hart requested a motion to support the Kern County Board of Supervisor's petition to the Public Utilities Commission for consideration of airline services into this community for reconsideration of some of the routing that is being denied Kern County in the latest move by United Airlines. While he enthuses with the offer of the new airline that is coming into the area to try to relieve the situation, the attitude of the Board of Super- visors is that if they do not hear from the City they will take for granted that we are not attracted to the idea of having air transportation of the magnitude that is needed. 486 Bakersfield, California, February 21, 1979 - Page 13 Upon a motion by Councilman Christensen, Resolution No. 18-79 of the Council of the City of Bakersfield supporting the Kern County Board of Supervisors in their petition to the Civil Aero- nautics Board and the Public Utilities Commission for considering airline service into the Bakersfield Metropolitan Area, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Barton, Christensen Noes: None Absent: Councilman Strong CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3660 to 3962, inclusive, in the amount of $473,539.15. (b) Claim for Personal Injuries from Nellie Knettel, 1812 Stillman Avenue, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Ray Catulli, 6012 Almendra Avenue, Apt. D, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from The Farmers Insurance Group on behalf of Mary Ann Seals, 2809 "Q" Street;, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Jacobson & Gianquinto, 651 "H" Street, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Allstate Insurance Company, Pasadena, California, on behalf of Jose Maltos, 822 Chapman, Bakersfield. (Refer to City Attorney) (g) Map of Tract No. 3915 and Improvement Agreement with Lawton Powers for con- struction of improvements therein - located north of Auburn Street and east and west of Fairfax Road. (h) Notices of Completion and Acceptance of Work for street and sewer improvements under Tract No. 4027 located at Wilson Road and Marshall Street, Contract No. 78-21 with C.W.D. Construction Co., Inc., and Tract No. 3660-B located at White Lane and Monitor Street, Contract No. 77-75 with Piombo Corporation. Bakersfield, California, February 21, 1979 - Page 14 487 (i) Request from Coleman Company, 1415 McDonald Way, as owners of Lots 2 and 7 inclusive of Tract No. 2963, that proceedings be instituted to abandon that certain dedication wherein all rights of vehicular access to and from New Stine Road were relinquished. (Refer to Planning Commission for study and recommendation) (J) Request from Cherokee ;{echanical, Inc., 2231 "R" Street, Bakersfield, for closing of existing dirt alley, one-half block long, between 22nd and 23rd Streets and "Q" and "R" Streets. (Refer to Planning Commission for study and recommendation) (k) Request from Edward L. Mainus, Jr. for annexation of uninhabited property located on the south side of Fairview Road, approximately ~ mile east of South "H" Street, containing 16.56 acres of land. (Refer to Planning Commission for study and recommendation) (i) Agreement between the City of Bakersfield and the State Department of Transportation providing reimbursement to the City for streets on Federal Air Routes which were damaged by the storm in February, 1978. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Barton, Christensen Noes: None Absent: Councilman Strong ACTION ON BIDS Upon a motion by Councilman Medders, bid of Three Way Chevrolet for One Ton Cab and Chassis (one only), was accepted. Upon a motion by Councilman Medders, low bid of Charles I. Cunningham for construction of Wheelchair Ramps in the Downtown Areas, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, all bids for Electric Door Operators for City Corporation Yard were rejected and the Finance Operations Manager was authorized to resolicit proposals. 488 Bakersfield, California, February 21, 1979 - Page 15 DEFERRED BUSINESS Adoption of Ordinance No. 2479 New Series of the Council of the City of Bakersfield amending Chapter 3.30 of the Municipal Code of the City of Bakersfield by amending Section 3.30.040 authorizing certain employees to make arrests. Upon a motion by Councilman Sceales, Ordinance No. 2479 New Series of the Council of the City of Bakersfield amending Chapter 3.30 of the Municipal Code of the City of Bakersfield by amending Section 3.30.040 authorizing certain employees to make arrests, was adopted by the following roll call vote: Ayes Councilmen Medders, Ratty, Sceales, Barton, Christensen Noes None Absent: Councilman Strong Adoption of Ordinance No. 2480 New Series of the Council of the City of Bakersfield authorizing an Amendment to the Contract between the City Council of the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System. Upon a motion by Councilman Barton, Ordinance No. 2480 New Series of the Council of the City of Bakersfield authorizing an Amendment to the Contract between the City Council of the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System, was adopted by the following roll call vote: Councilmen Medders, Ratty, Sceales, Barton, Christensen Ayes: Noes: Absent: None Councilman Strong NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 7.52.210 and 7.52.270 (d) of the Municipal Code relative to Limousine Service Rates and License Requiremeats. Bakersfield, California, February 21, ~979 - Page 16 489 This ordinance updates the rates to be charged for limousine service and also updates the City's existing ordinance to conform with State law. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 7.52.210 and 7.52.270 (d) of the ~unicipal Code relative to Limousine Service Rates and License Requirements. First reading of an ©rdinance of the City Council of the City of Bakers- field amending Title 15 of the ~uni- cipal Code dealing with Mobilehome Park Design. This proposed amendment would delete the requirement of a 400 square foot accessory slab for mobilehome sites in mobile- home parks. The deletion of this requirement was recommended for approval by the Planning Commission on February 7, 1979. First reading was considered given an Ordinance of the City Council of the City of Bakersfield amending Title 15 of the Municipal Code dealing with Mobilehome Park Design. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Harris Road a~d State Freeway 99. The application for this amendment was made by Larry E. Perry and would change subject property from an "A" (Agricultural) Zone to an MH (Mobilehome), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Harris Road and State Freeway 99. 490 Bakersfield, California, February 21, 1979 - Page 17 First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.27 of Title 17 of the Municipal Code regarding Automotive Repair in the C-2 Zone and setting certain minimum standards therefor. This proposed amendment clarifies automotive repair uses in the C-2 General Commercial Zone, to prohibit the outside storage of junk or disabled vehicles, or parts of, or the outside storage of automobile supplies or accessories, unless such storage is screened from public view by a fence enclosure not less than six (6) feet in height, composed of masonry or chain link with slats. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.27 of Title 17 of the Municipal Code regarding Automotive Repair in the C-2 Zone and setting certain minimum standards therefor. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Rancheria No. 1 Annexation. This ordinance would zone upon annexation that certain property in the County of Kern located westerly of Rancheria Road, north of the Kern River, to an R-1 (()ne Family Dwelling), or more restrictive Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Rancheria No. 1 Annexation. Approval of Engineering Services Agreement between the City and BPW Engineers for investigation and design of new traffic signals at the intersections of Stockdale High- way/Montclair Street, Stockdale High- way/El Rio Drive, California Avenue/ Mohawk Street and at an intersection on California Avenue between Stockdale Highway and Mohawk Street; and Budget Transfer in the amount of $20,000 from the Council Contingency Account and Engineering's Salary Account. Bakersfield, California, February 21, 1978 - Page 18 491 After discussion, upon a motion by Councilman Ratty, Engineering Services Agreement between the City and BPW Engineers for investigation and design of new traffic signals at the inter- sections of Stockdale Highway/Montclair Street, Stockdale Highway/ E1 Rio Drive, California Avenue/Mohawk Street and at an intersection on California Avenue between Stockdale Highway and Mohawk Street, was approved and the Mayor was authorized to execute same; and Budget Transfer from the Council Contingency Account No. 11-512-6100 in the amount of $6,000.00 and Engineering's Salary Account No. 11-242-0100 in the amount of $14,000.00, was approved. HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property or any regis- tered voter residing within territory designated as "Real No. 1," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised; a notice posted; persons filing special request for, chief petitioners, if any, any affected City, County or District, and LAFCO Executive Officer have been notified as required by law. This is an inhabited annexation containing 35.3 ± acres of land located on the east line of Real Road, north of Palm Street, south of Chester Lane and west of Saunders Park. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, the public hearing was closed and the annexation of inhabited territory known as "Real No. 1," was ordered to be submitted to the Council for determination not less than 30 days from this date, by the following roll call vote: Ayes Noes Absent: Councilmen Medders, Ratty, None Councilman Strong Sceales, Barton, Christensen 492 Bakersfield, California, February 21, 1979 - Page 19 This is the time set for public hearing before the Council for hearing protests by persons owning real property or any regis- tered voter residing within territory designated as "Panama No. 2," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised; a notice posted; persons filing special request for, chief petitioners, if any, any affected City, County or District, and LAFCO Executive Officer have been notified as required by law. This is an inhabited annexation containing 80.6 ~ acres of land located on the north side of Panama Lane and westerly of Wible Road. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council[ deliberation and action. Upon a motion by Councilman Barton, the public hearing was closed and the annexation of inhabited territory known as "Panama No. 2," was ordered to be submitted to the Council for determination not less than 30 days from this date, by the £ollowing roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Barton, Christensen Noes: None Absent: Councilman Strong This is the time set for public hearing before the Council for hearing protests by persons owning real property or any regis- tered voter residing within territory designated as "Union Avenue No. 9," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised; a notice posted; persons filing special request for, chief petitioners, if any, any affected City, County or District, and LAFCO Executive Officer have been notified as required by law. This is an inhabited annexation containing 183.7 ~ acres of land located north of Pacheco Road at South Union Avenue. Mayor Hart declared the hearing open for public partici- pation. Bakersfield, California, February 21, 1979 - Page 20 493 Mr. Jess Norman, 138 East Pacheco Road, stated he was protesting this annexation. Mayor itart announced that all interested parties should be aware that in determining the value of protests, after the conclusion of the public hearing, the Council can only consider written protests. Therefore, if anyone is here to protest and has not filed it in writing, and wish to have it cou~ted for the purpose of evaluation, it mu~t be filed with the City Clerk before the conclusion of the public hearing. A written protest may be signed by several persons, listing each individual's name and address. The Clerk provided paper for the protesters to sign and turn in before the conclusion of the hearing. Mr. W. K. Harris, 4301 Eve Street, questioned the staff regarding inhabited annexation laws. Mr. Buster Cox, 4212 Gordon Street, stated he is opposing this annexation and they had only two days notice of the hearing. City Manager Bergen explained some parts of the new State law regarding inhabited annexations. Mr. Cox indicated that he has a petition containing signa- tures opposing the annexation. Councilman Barton stated, in £airness to people living in this annexation area and to resolve the problem of not having enough time to obtain signatures opposing the annexation, he would make a motion that the hearing be continued until the next week's Council Meeting. No further protests or objections being received, Mayor Hart closed the public portion of the hearing for Council delibera- tion and action. Councilman Barton's motion that the public hearing re- garding "Union Avenue No. 9" Annexation be continued until the Council Meeting of February 28, 1979, in order to allow residents of the area to obtain signatures in opposition, was unanimously approved. 494 Bakersfield, California, February 21, 1979 - Page 21 City Manager Bergen stated the petitions should be completed and ready to hand in and contain names and addresses of property owners and registered voters by the next Council Meeting. Mr. Herbert Keller, 4412 Eve Street, asked several questions about the contents of the petitions. This is the time set for public hearing before the Council for hearing protests by persons owning real property within terri- tory designated as "Rancheria No. 1," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and the property owners have been notified as required by law. This is an uninhabited annexation containing 169.7_ + acres of land located in the vicinity of Rancheria Road north of the Kern River. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 19-79 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 274, Proceeding No. 655 (Rancheria No. 1) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, None Councilman Strong Ratty, Sceales, Barton, Christensen Bakersfield, California, February 21, 1979 - Page 22 495 Council, at 10:05 P.M. ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was adjourned MAYO~of'th~ City of Bakersfield, Calif. ATTE~ ma 496 Bakersfield, California, February 28, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., February 28, 1979. The meeting was called to order by Vice-Mayor Medders, followed by the Pledge of Allegiance and Invocation by Mr. Don Minor member of the High Council of the Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Councilman Ratty, Sceales, Strong, Medders Absent: Mayor Hart. Councilmen Barton, Christensen Minutes of the regular meeting of February 21, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Abdul Khalid, owner of Stop and Shop Market, 1007 East Brundage Lane, stated he has a problem with winos loitering in front of his business which is causing him to lose customers. Mr. Khalid stated the Police Department has informed him that they can do nothing about the problem. Vice-Mayor Medders and Councilman Sceales informed Mr. Khalid that his property is located in the County and he should contact the Kern County Sheriff's Office for aid. City Manager Bergen stated that he would send someone out to Mr.. Khalid's property in the morning to determine whether it is located in the City or County and advise him of the proper agency to contact for help in solving this problem. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Citizens for Freeway Routes 138 & 48, dated February 23, 1979, requesting a letter affirming the Council's support of their Committee's goals, was received and referred to staff for appro- priate action. Bakersfield, California, February 28, 1979 - Page 2 497 REPORTS City Manager Bergen reported the City Charter states that the new Council shall be seated the second Monday after the General Municipal Election, which would be Monday, March 19, 1979. The Council could be seated the first Wednesday after that, or the Council could delete the meeting of Wednesday, March 14, 1979 and change the regular meeting of March 21, 1979 to Monday, March 19, 1979. If the Council prefers to meet Monday, March 19, 1979 the staff will prepare a resolution to that effect for action at next week's meeting. The Council indicated they prefer to meet Monday, March 19, 1979. City Manager Bergen stated the City Clerk's Office received the tape recording regarding the two hearings held by the Kern County Board of Supervisors on the three Island Annexations. A transcript of the hearings is not available and the audio on the first hearing is not legible. City Manager Bergen stated there is a hearing scheduled for next week's Council Meeting, March 7, 1979, on an Appeal by Moreland Engineering, Inc., acting on behalf of Highlands Real Estate Corporation, to the decision of the Planning Commission denying their application for a zone change from an R-1 to a P.U.D. in the 3100 and 3200 Blocks of La Costa Street (odd only). There appears to be a lot of interest in this zone change and inasmuch as a Councilman will be elected and seated in Ward 3, it is suggested that a motion be made next week to continue the hearing until March 28, 1979. Councilman Sceales announced that it is the intent of the Council to make a motion at the meeting of March 7, 1979 to continue the hearing on an Appeal by Moreland Engineering, Inc., acting on behalf of Highlands Real Estate Corporation, to the decision of the Planning Commission denying their application for a zone change from an R-1 to a P.U.D. in the 3100 and 3200 Blocks of La Costa Street (odd only) until March 28, 1979, when a Councilman 498 Bakersfield, California, February 28, 1979 - Page 3 from Ward 3 will be seated on the Council. City Manager Bergen stated that the staff will notify anyone who inquires that the hearing will be opened on March 7, 1979, but will be continued until March 28, 1979. Assistant City Clerk Anderson stated on page 4 of the minutes of February 21, 1979, there is a typographical error. It states "this carryover amounted to 2.4 million dollars" and it should read "this carryover amounted to 4.2 million dollars." CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3963 to 4077, inclusive, in the amount of $165,156.02. (b) Claim for Damages from Pacific Gas and Electric Company, 1918 "H" Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Pacific Gas and Electric Company, 1918 "H" Street, Bakersfield. (Refer to City Attorney) (d) Application for Leave to Present a Late Claim for Personal Injuries by Johnny Francisco Trevino, by and through his Guardian ad Litem, Lupe Trevino. Refer to City Attorney) (e) Claim for Damages from Jesse Acunia, 3023 Virginia Avenue, Apt. #2, Bakersfield. (Refer to City Attorney) (f) Director's Deed from the State of Cali- fornia, Department of Transportation, providing right-of-way for Pierce Road. (g) Grant of Sewer Line Easements from A & P Land Co., Inc., Richard L. Dennen, et al, Lloyd M. and Violet E. Hale, Regional Mortgage Co., Therese M. Quarles, Amerigo and Mary Sandrini, Douglas Fox, et al, and Tom J. and Opal M. Fowler, providing necessary right-of-way to lay, construct, operate, maintain, repair, reconstruct, change the size of and remove a sanitary sewer trunk line located at Panama Lane between Stine Road and 660 feet easterly of Freeway 99. (h) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3911 (A) located at Valhalla and Fjord Streets - Contract No. 77-83 with Westwind Joint Venture. Bakersfield, California, February 28, 1979 - Page 4 499 (i) (J) (k) (i) (m) (n) (o) (p) (q) (r) Notice of Completion and Acceptance of Work on storm drain construction in "L" Street and Vernal Place from 4th Street to Route 58 - Contract No. 78-19 with W. M. Lyles Co. The original completion date was September 6, 1978 and Public Works Department recommends an extension of time due to delay in delivery of pumps from the manufacturer in Tulsa, Oklahoma. The revised completion date is February 16, 1979. Notice of Completion and Acceptance of Work on construction of Quailwood Park Irrigation System - Contract No. 78-89 with Clark's Sprinkler Service. Notice of Completion and Acceptance of Work on construction of Fairfax Road from State Highway 178 to Auburn Street and pavement widening' on State Highway 178 - Contract No. 78-98 with Griffith Company. Notice of Completion and Acceptance of Work on construction of storm drains in Chadbourn Street, Hughes Lane and White Lane - Contract No. 78-106 with Granite Construction Company. Notice of Completion and Acceptance of Work on construction of Kroll Way Park Irrigation System - Contract No. 78-132 with Clark's Sprinkler Service. Notice of Completion and Acceptance of Work on construction o£ concrete improve- ments on "T" and "L" Streets - Contract No. 78-138 with Jim ~lfter. Notice of Completion and Acceptance of Work on construction of a reinforced concrete box culvert at 30th Street and the Eastside Canal - Contract No. 78-147 with Gene Miller Construction. Application for Encroachment Permit from William Swanson, 5916 DeParsia Avenue, Bakersfield, for construction of a 6 foot high wood fence along back of side yard sidewalk on Vyn Drive at northwest corner of Vyn Drive and DeParsia Avenue. Application for Encroachment Permit from Tim Willard, 2712 Akers Road, Bakersfield, for construction of a 4 foot high brick and wrought iron fence along back of sidewalk at 2712 Akers Road. Application for Encroachment Permit from James W. Sneeden, 6009 College Avenue, Bakersfield, for construction of a 6 foot high wood fence along back of side yard sidewalk on Vyn Drive at southwest corner of Vyn Drive and College Avenue. 500 Bakersfield, California, February 28, 1979 - Page 5 (s) Plans and Specifications for construction of Corporation Yard Storage Bins. (t) Contract Change Order No. 1 to Contract No. 78-l)Twith Charles H. Miller for addi- tions to the Corporation Yard Facility. This Change Order provides for relocation of hydraulic lines, medification of underground fuel tanks and installation of compressed air lines and increases the contract price from $304,826.00 to $314,712.54 (u) Request from F. P. and Betty L. Mondary, 2529 Monterey Street, for closing of City street listed as East 19th Street between Owens and Gage Streets. (Refer to Planning Commission for study and recommendation) (v) Resolution of Intention No. 941 of the Council of the City of Bakersfield, declaring its intention to order the vacation of Fraser Road between Ashe and Gosford Roads, in the City of Bakersfield, and setting Wednesday, March 28, 1979 for hearing on the matter before the Council. (w) Resolution of Intention No. 942 of the Council of the City of Bakersfield, declaring its intention to order the vacation of portions of "K" Street, 38th Street, and 40th Street, adjacent to Blocks 666 and 667, in the City of Bakersfield, and setting Wednesday, March 28, 1979 for hearing on the matter before the Council. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v) and (w) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Medders Noes: None Absent: Councilmen Barton, Christensen ACTION ON BIDS Upon a motion by Councilman Sceales, low bid of Griffith Company for construction of street improvements on Wible Road from Planz Road to Alum Avenue and on Stine Road from Planz Road to Hartford Avenue, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Bakersfield, California, February 28, 1979 - Page 6 DEFERRED BUSINESS Adoption of Ordinance No. 2481 New Series of the Council of the City of Bakersfield amending Sections 7.52.210 and 7.52.270 (d) of the Municipal Code relative to Limousine Service Rates and License requirements. Upon a motion by Councilman Ratty, Ordinance No. 2481 New Series of the Council of the City of Bakersfield amending Sections 7.52.210 and 7.52.270 (d) of the Municipal Code relative to Limousine Service Rates and License requirements, was adopted Ayes: Noes: Absent: by the following roll call Councilmen Ratty, None Councilmen Barton, vote: Sceales, Strong, Medders Christensen Adoption of Ordinance No. 2482 New Series of the City Council of the City of Bakersfield amending Title 15 of the Municipal Code dealing with Mobilehome Park Design. Upon a motion by Councilman Sceales, Ordinance No. 2482 New Series of the City Council of the City of Bakersfield amending Title 15 of the Municipal Code dealing with Mobilehome Park Design, was adopted by the following roll call vote: Ayes; Councilmen Ratty, Sceales, Strong, Medders Noes: None Absent: Councilmen Barton, Christensen Adoption of Ordinance No. 2483 New Series of the Council of the City of Bakersfield amending Chapter 17.27 of Title 17 of the Municipal Code regarding Automotive Repair in the C-2 Zone and setting certain minimum standards therefor. Upon a motion by Councilman Ratty, Ordinance No. 2483 New Series of the Council of the City of Bakersfield amending Chapter 17.27 of Title 17 of the Municipal Code regarding Automotive Repair in the C-2 Zone and setting certain mimimum standards there- Ayes Noes Absent: was adopted by the following roll call vote: Councilmen Ratty, Sceales, Strong, Medders None Councilmen Barton, Christensen Bakersfield, California, February 28, 1979 - Page 7 Adoption of Ordinance No. 2484 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Rancheria No. Annexation. This ordinance zones upon annexation that certain property in the County of Kern located westerly of Rancheria Road, north of the Kern River, to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2484 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Rancheria No. 1 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Medders Noes: None Absent: Councilmen Barton, Christensen Adoption of Ordinance No. 2485 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Harris Road and State Freeway 99. The application for this amendment was made by Larry E. Perry and would change subject property from an "A" (Agricultural) Zone to an MH (Mobilehome) Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2485 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Harris Road and State Freeway 99, finding Bakersfield, California, February 28, 1979 - Page 8 said zoning consistent with the General Plan, following roll call vote: were adopted by the Ayes Councilmen Ratty, Sceales, Strong, Medders Noes None Absent: Councilmen Barton, Christensen Adoption of Resolution No. 20-79 of the Council of the City of Bakers- field making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 269, Proceeding No. 646 (Real No. 2) annexed to the City of Bakersfield. As of this date all annexation proceedings have been completed according to law. The hearing was completed and closed January 24, 1979 and no written or oral protests were filed. Upon a motion by Councilman Ratty, Resolution No. 20-79 of the Council of the City of Bakersfield making finding that a majority pro,est has not been made and ordering the territory designated as Annexation No. 269, Proceeding No. 646 (Real No. 2) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Sceales, Strong, Medders Noes: None Absent: Councilmen Barton, Christensen NEW BUSINESS Acceptance of Grantee Performance Report and directing the Community Development staff to submit the report to the Department of Housing and Urban Development for their review. The Community Development Block Grant Programs require that each jurisdiction receiving funds submit a report on the progress of projects undertaken during the previous twelve months. This report must be submitted to HUD by March l, 1979, and will be reviewed prior to the approval of the succeeding year's application. Upon a motion by Councilman Strong, Grantee Performance Report, was accepted; and the Community Development staff was Bakersfield, California, February 28, 1979 - Page 9 directed to submit the report to the Department of Housing and Urban Development for their review. Deferral of decision on paving of Akers Road between White Lane and Southern Pacific Railroad by Granite Construction Company. The City budgeted funds in the current Fiscal Year for the City's share of the improvements on this portion of Akers Road. During a paving project for a tract adjacent to Akers Road the Contractor inadvertently paved the City's share of this street without approval or a contract with the City. The Contractor, Granite Construction, has admitted the oversight and requested some City participation in the cost of this work. The Contractor paved approximately 35,616 square feet of the City's share and has indicated that he would like to at least recover their cost, which amounts to $.40 per square foot. for this type of work is $.60 to $.70 per square The normal rate foot. Since the City budgeted funds for this project, the Public Works Department recommends that the Council dispense with normal bidding procedures and allow the payment of $14,246.40 for this work. City Attorney Hoagland requested that the approval of the paving of Akers Road by Granite Construction be deferred be- cause the City has some other matter~ with this company that should be resolved at the same time. Upon a motion by Councilman Sceales, decision on the paving of Akers Road between White Lane and Southern Pacific Rail- road by Granite Construction, was deferred until the Council Meeting of March 7, 1979. Approval of Improvement Agreement with Southgreen Partners for con- struction of Water Main Improvements on Parcel Map No. 4734 Parcel "A". This water main is to be constructed along the north side of Ming Avenue from New Stine Road west for 1,327 + feet. Bakersfield, California, February 28, 1979 - Page l0 Upon a motion by Councilman Sceales, Improvement Agree- ment with Southgreen Partners for construction of Water Main Improvements on Parcel Map No. 4734 Parcel "A", was approved and the Mayor was authorized to execute same. HEARINGS This is the time set for continued hearing before the Council for hearing protests by pers:ons owning real property or any registered voter residing within territory designated as "Union Avenue No. 9," proposed to be annexed to the City of Bakersfield. This is one of two recent annexations requested by the property owners in the vicinity of Union Avenue between White Lane and Pacheco Road. The first annexation located generally east of Union Avenue was uninhabited and was completed January 10, 1979. This annexation is inhabited and contains 183.7 acres of land with approximately 770 residents and is located generally west of Union Avenue. This hearing was duly advertised; a notice posted; persons filing special request for, chief petitioners, if any, any affected City, County or District and LAFCO Executive Officer were notified as required by law. This hearing was continued from the Council Meeting of February 21, 1979, in order to allow residents of the area time to circulate petitions in opposition to the annexation. Vice-Mayor Medders announced that under the law written protests will be received and the Ceuncil will hear any oral protests to the annexation. All interested parties should be aware that in determining the value of protests, after the conclusion of the public hearing, the Council can only consider written protests. Therefore, if anyone is here to protest and has not filed it in writing, and wishes to have it counted for the purpose of evaluation, it must be filed with the City Clerk before the conclusion of the Bakersfield, California, February 28, 1979 - Page public hearing. A written protest may be signed by several persons, listing each individuals name and address. Director of Fire and Development Services Needham stated staff originally considered the area comprised of Union Avenue No. 8 and 9 annexations as one annexation. However, because a portion of Union Avenue No. 9 is inhabited Union Avenue No. 8 was processed and annexed first. Property owners in these areas requested annexation before the passage of Proposition 13 and the Municipal Reorganization Act (MORGA). These acts have an impact on the areas because if they had been requested after that the staff may have changed the recommendations on the service area boundary line. At that point in time the staff felt it was cost effective to go ahead and recommend these annexations and that it why the service area boundary line is located around Union Avenue No. 8 boundary. The property tax in the City and County is 1% irregardless of where a person lives. If there is a majority protest on Union Avenue No. 9, staff will have to take a close look at the relationship between these two annexations as to how the defeat of Union Avenue No. 9 will ~ffect Union Avenue No. 8 and possibly come back to the Council with a recommendation. City Attorney Hoagland stated, as stipulated last week, the only purpose of this hearing is for the opponents to file written protests. There is no other function of a hearing such as this other than to file protests. When staff tallies the value of the protests, property owners and registered voters, then in a period of time, not less than 30 days from this date, the Council will make a final determination. In the final determination there are certain options open to the Council depending on the percentage of protests. If the protests are not sufficient the Council does not have the option of terminating proceedings. are over 50% the proceedings are automatically Hoagland stated he would inform the Council of have in regards to this annexation If the protests terminated. Mr. the options they after the protests are evaluated. Bakersfield, California, February 28, 1979 - Page 12 City Manager Bergen stated the proponents were not given the opportunity to speak at last week's hearing and they should be given that opportunity tonight. Vice-Mayor Medders declared the hearing open for public participation. Mr. Herbert Keller, 4412 Eve Street, asked questions regarding installation and cost of sewers and presented petitions containing signatures of 129 registered voters and 213 property owners protesting the annexation of Union Avenue No. 9. Public Works Director Hawley outlined the procedures for formation of a Public Improvement District for sewers. Mr. Buster Cox, 4212 Gordon Street, regarding the process of obtaining City sewer vehicles having to cross unincorporated areas within the City limits. questioned the staff services and City to reach property Mr. Ed Barger, representing Alpha & Omega Realty and Development Corporation and Dream World Developments, stated they have a 7.7 acre parcel and a 38 home subdivision map which was tentatively approved by the City subject to annexation and final grade plans. The reason they requested this annexation is because the people purchasing homes want City services. If the annexation is denied it will be another year before they can reapply. They have people lined up to purchase these homes and they cannot go ahead with the project until this is resolved. Mr. Barger offered his services free of charge to the opponents. Mr. George Reed, owner of 7.6 acres on the corner of White Lane and Union Avenue, stated his property will remain undeveloped until it is annexed into the City. Mr. Billy James, 4221 Eve Street, stated he is generally for annexation because the benefits are better in the City. Mr. James questioned the staff regarding property taxes and assessments and City services. Bakersfield, California, February 28, 1979 - Page 13 Councilman Strong stated there have been comments made tonight which leads him to believe that if answers to questions had been given before people signed the protest petition they would have not signed it. City Attorney Hoagland stated they could withdraw their names from the petition prior to the closing of the public hearing tonight or the Council may continue the hearing up to 60 days from the date of the original hearing of February 21, 1979. Councilman Strong stated since the passage of Proposition 13 there are a number of people living contiguous to City boundaries who do not have a clear understanding of how taxes are applied, services rendered and cost effectiveness of coming into the City. He stated he would like to give those persons an opportunity to ask questions and obtain answers before the public hearing is closed. Mr. Art Taber, 200 Pacheco Road, stated they are in favor of this annexation and questioned services and property taxes. During discussion, Mr. Keller the staff about City indicated that he did not think it was fair that the opponents were allowed only one week to obtain signatures on the petitions protesting the annexation and the proponents were going to be allowed until March 28, 1979 to convince people to withdraw their names from the petitions. Mr. Keller requested that the protest petitions be returned to him until the meeting of March 28, 1979. City Attorney Hoagland stated this is a protest hearing and the petitions have already been filed with the Clerk, but Mr. Keller may have a copy of the petitions. After discussion, upon a motion by Councilman Sceales, public hearing in regards to inhabited territory known as "Union Avenue No. 9," was continued until the Council Meeting of March 28, 1979. Bakersfield, California, February 28, 1979 - Page 14 City Manager Bergen invited any proponent or opponent to contact the staff to answer any questions they might have. The staff will also be available to attend any meetings that might be called in regards to annexations. ADJOURNMENT There being no further business to come be£ore the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:25 P.M. R for Clarence E. Medders k~SY4~E-MAYO'R of the City of Bakersfield, Calif. ATTEST: oC~ tYhCeL~i~tyaondf ~~i~ofrntih~ Council ma Bakersfield, California, March 7, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 7, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Mr. Jerry Cally member of the High Council of the Church of Jesus Christ of Latter- Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Ratty Absent: Councilmen Sceales, Medders Minutes of the regular meeting of February 28, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Community Development Housing Coordinator Jim Gilchrist stated that when Contract No. 79-22, with Quad Consultants for a Senior Citizens Center Study, was drafted the cancellation clause was incorrectly written. The staff is requesting that the Council approve a correction in the cancellation clause that would permit the City to terminate the contract at anytime with 15 days written notice. Upon a motion by Councilman Strong, correction to the cancellation clause of Contract No. ?9-22, with Quad Consultants for a Senior Citizens Center Study, permitting the City to terminate the contract at anytime with 15 days written notice, was approved. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Bill J. Wagner, dated February 28, 1979, resigning from the Board of Building and Housing Appeals, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Ruppel & Nunneley, Certified Public Accountants, dated February 27, 1979, requesting that they be considered for the annual audit Bakersfield, California, March 7, 1979 - Page 2 Puder, Court, February 1, 1983. of accounts and records of the City of Bakersfield, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Barton, communication from Charles E. Strange submitting his resignation from the Police Department Civil Service Board, was received and the Clerk was instructed to post a notice as required by law. Mayor Hart indi- cated that he would write Mr. Strange a letter of appreciation. COUNCIL STATEMENTS Mayor Hart announced that he reappointed Dr. Glenn D. 2520 Cedar Street, and Mr. John S. Mooneyham, 4800 Capella to the Bakersfield Redevelopment Agency, terms expiring The (a) (b) (c) (d) (e) (f) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 4078 to 4219, inclusive, in the amount of $322,822.32. Claim for Personal Injuries from Ora Benedict, 500 Montcla:[r Street, Bakers- field. (Refer to City Attorney) Water Pipeline Easements from Southgreen Partners and James S. Camp Company, Hugh K. Sill, Michael Cutbirth and Anton G. Caratan to serve parcels located on the north side of Ming Aw~nue west of New Stine Road. Map of Tract No. 3928 and Improvement Agreement for construction of improve- ments therein, located north of Alfred Harrell Highway, west of Lake Ming Road. Notice of Completion and Acceptance of Work on street improvements under Tract No. 3911 (B), located at Fjord Street and Virgo Court - Contract No. 77-166 with Westwind III. Application for Encroachment Permit from Tommie Townsend, 5700 Nordic, #45, Bakers- field, for construction of brick light standards 1½' x 1½' x 3½' high to be placed at back of sidewalk on each side of driveway at 4209 Akers Road. Bakersfield, California, March 7, 1979 - Page 3 (g) Specifications for Demolition of Struc- tures and related improvements in portions of Blocks 325 (former Haberfelde Ford Service and Parts Building south of City Hall) and 307 (fire damaged former Transonic Buildings on north side of 16th Street west of "Q" Street). (h) Resolution No. 21-79 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 673, Annexation No. 276 (Pacheco No. 9), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, April ll, ].979. 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 Strong, Barton, Christensen, Ratty Noes: None Absent: Councilmen Sceales, Medders ACTION ON BIDS Upon a motion by Councilman Strong, low bid of Griffith Company for pavement improvements on portions of Ashe Road, Fairfax Road and Panorama Drive, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of Monk Stationers, Inc., for Annual Contract for Office Supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Removal from Agenda of requests for payment by Granite Construction Company for paving of Akers Road between White Lane and Southern Pacific Railroad. Last week the City Attorney recommended that this item be continued for one week. The City Attorney is currently reviewing the request of Granite Construction and recommends that the matter be removed from the agenda with the understanding that it will be brought back to the Council for consideration at a later date. Bakersfield, California, March 7, 1979 - Page 4 Upon a motion by Councilman Barton, request for payment by Granite Construction Company for paving of Akers Road between White Lane and Southern Pacific Railroad, was removed from the agenda with the understanding that it will be brought back to the Council for consideration at a later date. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield deleting Chapter 7.28 in its entirety and adding a new Chapter 7.28 (Adult Bookstores) to the Municipal Code o£ the City of Bakersfield. This ordinance regulates the licensing of adult book- stores and specifies operating conditions. First reading was considered given an Ordinance of the Council of the City of Bakersfield deleting Chapter 7.28 in its entirety and adding a new Chapter 7.28 (Adult Bookstores) to the Municipal Code of the City of Bakersfield. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Municipa~ Code providing for Special Dwelling Setbacks adjoining Agricultural (A) and Suburban Residential Zones. This proposed amendment was approved by the Planning Commission on February 7, 1979, and would prohibit dwellings within 50 feet of lot line adjoining properties zoned to permit the keeping of livestock. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Muni- cipal Code providing for Special Dwelling Setbacks adjoining Agricultural (A) and Suburban Residential Zones. Adoption o£ Resolution No. the Council of the City of field altering the Council of in the month of March, 22-79 of Bakers- Meetings 1979. Upon a motion by Councilman Ratty, Resolution No. 22-79 the Council of the City of Bakersfield altering the Council Bakersfield, California, March 7, 1979 - Page 5 Meetings roll Ayes: Noes: Absent: in the month of March, call vote: Councilmen Strong, None Councilmen Sceales, 1979, was adopted by the following Barton, Christensen, Ratty Medders HEARINGS This is the time set for public hearing before the Council on an Appeal by Moreland Engineering, Inc., acting on behalf of Highlands Real Estate Corporation, to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, affecting those certain properties in the City of Bakersfield commonly known as the 3100 and 3200 Blocks of La Costa Street (odd only). This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission by a majority vote denied the request for a P.U.D. Zone. This hearing was discussed at last week's meeting and the Council indicated it was their intent to open the hearing and continue it until March 28, 1979 when the Councilman for the 3rd Ward will have been seated. Mayor Hart declared the hearing open for public partici- pation. Upon a motion by Councilman Ratty, public hearing before the Council on an Appeal by Moreland Engineering, Inc., acting on behalf of Highlands Real Estate Corporation, to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, affecting those in the City of Bakersfield commonly known as the Blocks of La Costa Street (odd only), was opened the Council Meeting of certain properties 3100 and 3200 and continued until March 28, 1979, by the following roll call Bakersfield, California, March 7, 1979 - Page 6 vote: Ayes: Councilmen Strong, Noes: None Absent: Councilmen Sceales, This is Barton, Christensen, Ratty Medders the time set for hearing before the Council on an Appeal by Center Neon Company, Inc., regarding the Planning Commission's denial of their request for a double-faced plastic sign for the Black Angus Motel. The Planning Commission denied the request for a Special Sign Permit to allow an additional 8 x 24 foot double-faced interior illuminated sign 30 feet in height for the Black Angus Motor Inn located at 333 Union Avenue. Mr. Ralph Kerber, Center Neon Company, Inc., stated the owner of the Black Angus Motel feels adequate sign representation is needed due to the separation of the motel and restaurant. The sign presently on the property is tol~ally inadequate. The motel owner wants to install the new sign and remove all existing signs. Building Director Bidwell stated the ordinance provides for only one free standing sign per parcel, or each frontage, regardless of the number of businesses. The sign can identify all businesses on the parcel, but only one free standing sign is allowed. The Planning Commission felt that in areas where there are numerous businesses, such as a shopping center, if the ordinance was relaxed the area could conceivably end up with 25 free standing signs. The Planning Commission felt there was not an overriding condition at this location to justify an additional free standing sign. Councilman Ratty made a motion that the decision of the Planning Commission be upheld and request of Center Neon Company, Inc., for a free standing sign at the Black Angus Motel be denied. Councilman Strong stated there are two businesses on this parcel of property and offered a substitute motion that this matter Bakersfield, California, March 7, 1979 - Page 7 be held over until the Council Meeting of March 19, 1979 in order to provide the time for each member of the Council to visit the site before making a decision. Mr. Kerber suggested that the Council view the area at night so that they can see the motel's identification problem. Councilman Strong's substitute motion that this matter be held over until the Council Meeting of March 19, 1979 in order to provide the time for each member of the Council to visit the site before making a decision, was approved by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen Noes: Councilman Ratty Absent: Councilmen Sceales, Medders ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 8:35 P.M. MAY~~field, Calif. ATTEST: CITY ,fficio Clerk of the Council the City ~rsfield, California ma Bakersfield, California, March 19, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 19, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Mr. Dean Winn member of the High Council of the Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Barton, Christensen, Ratty, Strong Absent: Councilmen Medders, Sceales Minutes of the regular meeting of March 7, 1979 were approved as presented. Reception of Certificate of Election from Kern County Clerk of Results of General Municipal Election for the office of Councilman in the Second, Fifth and Sixth Wards and Special Municipal Election for the unexpired term of Councilman in the Third Ward of the City of Bakersfield, California, held on March 6, 1979. Upon a motion by Councilman Barton, Certificate of Election from Kern County Clerk of Results of General Municipal Election for the office of Councilman in the Second, Fifth and Sixth Wards and Special Municipal Election for the unexpired term of Councilman in the Third Ward of the City of Bakersfield, California, held on March 6, 1979, was received, ordered placed on file and spread in full in the minutes. Bakersfield, California, March 19, 1979 - Page 2 KERN COUNTY CLERK'S CERTIFICATE OF CANVASS OF RETURNS OF THE GENERAL MUNICIPAL ELECTION IN WARDS 2, 5 AND 6, AND THE SPECIAL MUNICIPAL ELECTION IN WARD 3, CITY OF BAKERS- FIELD, HELD ON MARCH 6, 1979. I, GALE S. ENSTAD, County Clerk of the County of Kern, State of California hereby certify as follows: 1. Pursuant ko the authorization of Resolution No. 121-78 of the Council of the City of Bakersfield and the provisions of Elections Code Section 17081, I have canvassed the returns of the elections held on March 6, 1979 in Wards 2, 3, 5 and 6 of the City of Bakersfield. 2. The Statement of Results attached hereto shows: (a) The total number of ballots cast in each Ward. (b) The number of votes cast at each precinct for each candidate. (c) The total number of votes cast for each candidate. DATED: March 8, 1979 /s/GALE S. ENSTAD GALE S. ENSTAD, County Clerk Bakersfield, California, March 19, 1979 - Page 3 3 STATEMENT OF ALL VOTES CAST AT THE GENERAL MUNICIPAL ELECTION AND SPECIAL MUNICIPAL ELECTION HELD MARCH 6, 1979 IN THE CITY OF BAKERSFIELD STATE OF CALIFORNIA 4 Bakersfield, California, March 19, 1979 - Page 4 GENERAL MUNICIPAL ELECTION MARCH 6, i[979 WARD NO. 2 CONS. CONSISTING OF REGISTERED VOTES NO. PRECINCTS VOTERS CAST CHRISTENSEN POEHNER 1 303 401 186 79 106 2 308 & 309 793 277 183 92 3 310 & 311 924 366 168 195 4 304 & 305 701 359 191 166 5 306 & 307 650 296 150 145 6 302 & 326 946 409 209 194 7 506 & 507 234 55 45 l0 8 501 & 503 705 195 162 32 9 504 & 505 543 195 108 85 Absentee Ballots TOTAL 5,897 PERCENT 40.9% 75 33 40 2,413 1,328 1,065 WARD NO. 5 CONS. CONSISTING OF REGISTERED VOTES NO. PRECINCTS VOTERS CAST MEANS MEDDERS 20 416 677 243 68 174 21 400 & 402 916 391 186 204 22 527 & 528 582 299 198 99 23 530 & 535 848 417 251 161 24 538, 539 & 540 900 421 246 169 25 544 & 545 684 348 228 118 26 542 & 543 622 279 196 79 27 529 & 536 681 357 202 153 28 403 453 214 133 80 Absentee Ballots TOTAL 6,363 62 29 27 3,031 1,737 1,264 PERCENT 47.6% Bakersfield, California, March 19, 1979 - Page 5 GENERAL MUNICIPAL ELECTION MARCH 6, 1979 WARD NO. 6 CONS. CONSISTING OF REGISTERED VOTES NO. PRECINCTS VOTERS CAST PAYNE SCEALES 29 405 426 142 47 95 30 404 & 418 870 107 50 56 31 425 754 151 70 81 32 414 & 424 956 150 89 61 33 417 564 109 60 48 34 408 & 426 906 134 83 51 35 423 464 72 44 28 36 421 576 144 118 24 37 407 229 59 27 32 38 551 & 553 853 170 100 67 39 415 1,245 321 173 147 Absentee Ballots 50 23 26 TOTAL 7,843 1,609 884 716 PERCENT 20.5% SPECIAL MUNICIPAL ELECTION MARCH 6, 1979 WARD NO. 3 CONS. CONSISTING OF REGISTERED VOTES NO. PRECINCTS VOTERS CAST CASWELL CLOSE GREER MILLER PREJEAN ROCKOFF STEVENS l0 321 637 257 79 ll 0 71 59 33 4 ll 322 679 222 43 4 14 65 36 45 15 12 323 896 316 lO1 39 0 87 30 58 16 316 & 318 704 217 58 21 5 64 18 46 5 17 312 & 313 834 330 39 22 2 77 125 58 7 18 314 & 315 867 248 65 9 1 58 31 81 2 19 319 & 320 837 283 55 17 0 115 39 52 5 Absentee Ballots 130 21 13 2 18 3~ 36 7 TOTAL 5,454 2,003 461 136 24 555 369 409 46 PERCENT 36.7% Bakersfield, California, March 19, 1979 - Page 7 Adoption of Resolution No. 23-79 declaring Results of Canvass of Returns of the General Municipal Election in the Second, Fifth and Sixth Wards, and the Special Muni- cipal Election in the Third Ward, in the City of Bakersfield, held on the 6th day of March, 1979. Upon a motion by Councilman Barton, Resolution No. 23-79 declaring Results of Canvass of Returns of the General Municipal Election in the Second, Fifth and Sixth Wards, and the Special Municipal Election in the Third Ward, in the City of Bakersfield, held on the 6th day of March, 1979, was adopted by the roll call vote: Ayes Noes Absent: Councilmen Barton, Christensen, Ratty, Strong None Councilmen Medders, Sceales The results of the election were as follows: WARD NO. 2: J. M. "Chris" Christensen 1,328 Ralph H. Poehner 1,065 WARD NO. 3: James Arnold Caswell 461 Caroline St. John Close 136 James E. Greer 24 Robert N. "Rob" Miller 555 Ralph J. Prejean 369 Arthur L. Rockoff 409 Earl F. Stevens, Jr. 46 WARD NO. 5: John M. Means 1,737 Clarence E. Medders 1,264 WARD NO. 6: Thomas Anthony Payne 884 Michael E. Sceales 716 hereby declared term of SECOND WARD FIFTH WARD SIXTH WARD The following persons are to the office of City Councilman for a full J. M. "CHRIS" CHRISTENSEN JOHN M. MEANS THOMAS ANTHONY PAYNE following to be elected four years: 8 Bakersfield, California, March 19, 1979 - Page 8 The following person is hereby declared to be elected to the office of City Councilman for an unexpired term of two years: Council, adjourned. Office to Present: Absent: ROBERT N. "ROB" MILLER THIRD WARD ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the Council was Newly Elected Council Members Sworn in by Assistant City Clerk. Assistant City Clerk Anderson administered the Oath of the following newly elected Councilmen: J. M. "Chris" Christensen Robert N. "Rob" Miller John M. Means Thomas Anthony Payne Councilman Second Ward Councilman Third Ward Councilman Fifth Ward Councilman Sixth Ward Mayor Hart convened the new Council at this time: The City Clerk called the roll as follows: Mayor Hart. Councilmen Barton, Miller, None Christensen, Means, Payne, Ratty, Strong ELECTION OF VICE-MAYOR Councilman Strong nominated Councilman James J. for the Office of Vice-Mayor of the City of Bakersfield. Barton Upon a motion by Councilman Christensen nominations for the Office of Vice-Mayor were closed. Councilman James J. Barton was elected to the Office of Vice-Mayor of the City of Bakersfield, by the following roll call vote Ayes Noes Absent: elected Vice-Mayor of Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong None None Vice-Mayor Barton stated he was deeply honored to be the City and would use this Chair in a very Bakersfield, California, March 19, 1979 - Page 9 9 impartial manner for the service of each Councilman in any endeavor to bring out facts and information that will make everyone do a better job for this City. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from the State Department of Alcoholic Beverage Control, dated March 8, 1979, regarding the zoning of areas where an application has been received for an Alcoholic Beverage License, was received and referred to the Planning Department. Upon a motion by Councilman Ratty, communication from Stanley Hamilton, Executive Director of the Common Carrier Conference Irregular Route, Washington, D.C., dated March 8, 1979, regarding deregulation of airline and trucking services, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Amelia C. Gonzalez, 1504 E1 Toro Drive, regarding an accident with a City vehicle, was received and referred to the City Attorney for appropriate action. COUNCIL STATEMENTS Councilman Means thanked the people who helped with his campaign and the voters of the Fifth Ward for their support. Councilman Payne thanked the people who worked on his campaign and the voters of the 6th Ward for their support. He also stated it is his intention to work in a diligent, enthusiastic and conscientious manner with the other members of the Council and staff to make Bakersfield a better place to live for everyone, and represent all constituents of the 6th Ward by serving in a sincere and constructive manner. Councilman Miller thanked the people who helped with his campaign and the voters of the Third Ward for their support. Councilman Christensen thanked the voters of the Second Ward for returning him to office and also pledged to try to make this City a better place to live by having an open vision of what should be done. 10 Bakersfield, California, March 19, 1979 - Page 10 Councilman Christensen made a motion that as of March 28, 1979, and thereafter, the 7:30 P.M. pre-meeting held each week prior to the regular Council Meeting in the Caucus Room be changed to start at 7:45 P.M. and held in the Council Chambers. This motion was approved by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Strong Noes: Councilman Ratty Absent: None REPORTS City Attorney Hoagland made the following oral report on United Airlines: United Airlines has notified the City and County of the curtailment of certain flights; primarily the nonstop flights to San Francisco. The County has taken the lead in objecting to this maneuver, or this fact, on the basis that it may be a prelude to United Airlines pulling out altogether. The same thing happened in 1964, in that they were going to pull out of the valley completely. At that time the City and County joined forces with such entities as Modesto, Eureka, Visalia, Fresno, etc., and it was successful. A number of persons went to Washington, D.C. to appear before the Civil Aeronautics Board, along with a Washington Attorney who was fimiliar with airline procedures. At that time the Civil Aeronautics Board would not allow United Air- lines to pull out. At the present time Hughes Airwest has pulled out and United Airlines is going to curtail their flights. It is recommended that the City participate, financially, in objecting to the pull out by United Airlines. The County in- tends, and will bear the brunt of the financial cost, to employ legal counsel in Washington, D.C., who is familiar with airline procedures to ascertain that everything is done properly and to do whatever they can to stop it. The rules on this type of thing have changed due to the Deregulation Act of last year. No one knows whether or not the Civil Aeronautics Board can put a stop to this because they have been bombarded with requests from cities throughout the United States in similar situations. What they intend to do and what they can do with it is anyones guess at this time. However, the impact on the City of Bakersfield is thought to be very serious. Bakersfield, California, March 19, 1979 - Page ll It is recommended that the Council participate with the County, up to the amount of $5,000.00, to show their concern as to the possible pull out of United Airlines. It is estimated, at this time, that the total cost of this endeavor will probably be more than $25,000.00. Councilman Barton made a motion that the City join with the County in filing a petition for repeal of United Airline's pull out and the financial participation be referred to the Inter- governmental Relations Committee for study and recommendation back to the Council. Councilman Strong offered a substitute motion that the Council approve the recommendation of the City Attorney to parti- cipate in this endeavor up to the amount of $5,000.00, with the understanding that the Intergovernmental Relations Committee continue to consider this matter and report back to the Council if the participation extends beyond that amount. After discussion Councilman Strong withdrew the substitute motion. Councilman Barton's motion that the City join with the County in filing a petition for repeal of United Airline's pull out and the financial participation be referred to the Inter- governmental Relations Committee for study and recommendation back to the Council, was approved. Appointments of Council Standing Committees. Councilman Barton proposed the appointment of the following Council Standing Committees: AUDITORIUM-RECREATION J.M. "Chris" Christensen, Chairman Vernon D. Strong John M. Means BUDGET REVIEW AND FINANCE John M. Means, Chairman Rob Miller Vernon D. Strong BUSINESS DEVELOPMENT & PARKING James J. Barton, Rob Miller Thomas A. Payne Chairman INTERGOVERNMENTAL RELATIONS Donald K. Ratty, Chairman James J. Barton J.M. "Chris" Christensen VOUCHER APPROVAL Rob Miller, Chairman Donald K. Ratty John M. Means WATER AND CITY GROWTH Thomas A. Payne, Chairman Donald K. Ratty James J. Barton Bakersfield, California, March 19, 1979 - Page 12 GOVERNMENTAL EFFICIENCY & PERSONNEL Vernon D. Strong, Chairman Thomas A. Payne J. M. "Chris" Christensen Upon a motion by Councilman Barton, the assignment of Council Standing Committees, as proposed, were approved. Director of Fire & Development Services Needham made the following oral report regarding the Joint City-County Senior Citizens' Center Study: Recently the Council authorized the staff to proceed with a Senior Citizens' Study on the basis that it would be done in a phase program. The first phase is to cost no more than $2,000. In a subsequent meeting it was requested by the Community Development & Housing Coordinator that the Council have the authorization to cancel the contract at anytime. The contract was amended to give that power to the Council. This is a joint study with the County, and the Board of Supervisors have not voted on it, but recently decided to return it to the City with a request that it be re-examined by the Council. The Board of Supervisors did not give any specific direction, therefore, the staff recom- mends, if the Council wishes, that it be referred to the City and County Intergovern- mental Relations Committee. Upon a motion by Councilman Ratty, Joint City-County Senior Citizens' Study was referred to the Intergovernmental Relations Committee for advisement to be brought back to the Council with appropriate recommendations for action. Councilman Strong announced that at the Council Meeting of March 28, 1979, he intends to recommend that the Council appoint Mr. William H. McCullough, 2525 Buena Vista Street, to the vacancy on the Police Department Civil Service Board. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4220 to 4561, inclusive, in the amount of $1,277,032.50. (b) Claim for Damages from Ricky Gerald Loring, 4801 Belle Terrace, Apt. G, Bakersfield. (Refer to City Attorney) Bakersfield, California, March 19, 1979 - Page 13 13 (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) Street Dedication from Tenneco Realty Development Corporation providing right- of-way for Mohawk Avenue, located north of Lennox Avenue west of California Ave., as required for Parcel Map No. 4898. Access Easement from Elvin G. & Ida E. Berchtold and Project 37, a General Partnership, providing access as required for Parcel ~{ap No. 4894, located at the southwest corner of Jewett Avenue and West Columbus Street. Map of Tract No. 3892, United C, D, & E, and Improvement Agreement with Cutbirth & Sill Development Company for construc- tion of improvements therein located south of State Route ]78 between Oswell Street and the Bakersfield Country Club. Map of Tract No. 3974 & 4111 and Improve- ment Agreement with B. L. Dickinson, Inc., for construction of improvements therein located north of Panorama Drive, east of Fairfax Road. Map of Tract No. 3977 and Improvement Agreement with B. L. Dickinson, Inc., for construction of improvements therein - located north and south of Panorama Drive, east of Fairfax Road. Map of Tract No. 4001 and Improvement Agreement with Piombo - Regent for con- struction of improvements therein - located north of Calcutta Drive and east of Monitor Street. Map of Tract No. 4086, located along California Avenue, east of Easton Drive, and being developed by Carl G. Oblinger. Improvement Agreement for Parcel Map No. 4894 with Project 37, located on the southwest corner of Jewett Avenue and West Columbus Street. Improvement Agreement for Parcel Map No. 4905 with Lawton Powers, located on the northeast corner of Wible Road and White Lane. Deleted. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3812 located at Harris Road and Julie Street - Contract No. 79-9 with R D I Corporation. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3905 located at Harris Road and Matin Street - Contract No. 77-151 with Kern Valley Homes. 14 Bakersfield, California, March 19, 1979 - Page 14 (o) Notice o£ Completion and Acceptance of Work on Lighting System for Game Court at Grissom Park - Contract No. 78-82 with Del Mar Electric Company. (p) Notice of Completion and Acceptance of Work for improving and resurfacing Sumner Street between East ?ruxtun Avenue and Kern Street - Contract No. 78-150 with Granite Construction Company. (q) Application for Encroachment Permit from John Willingham and Chuck Dawson, 2716 "L" Street; for construction of a 6 foot high fence up to and along back of side- walk at 820 Pacheco Road. (r) Application for Encroachment Permit from Sill Properties, 1508 18th Street, Room 232, for construction of line posts, 2'6" inside the right-of-way at the northwest corner of 18th and Eye Street parking lot. (s) Plans and Specifications for construction of Asphalt Concrete Surfacing on various streets in the Mayflower Addition. (t) Plans and Specifications for construction of the Kern River Canal Diversion Structure, near Coffee Road. (u) Plans and Specifications for construction of Curbs and Gutters in the Lowell Addiition Area bounded by California Avenue, "P" Street, 4th Street and "L" Street. Councilman Means requested that Items (t) and (u) of the Consent Calendar be considered separately. Upon a motion by Councilman Ratty, Items (a), (d), (e), (f), (g), (h), (i), (j), (k), (m), (n), (o), (r) and (s) of roll Ayes Noes Absent: Items the Consent Calendar, were adopted by call vote: Councilmen Barton, Ratty, None None (b), (c), (p), (q), the following Christensen, Means, Miller, Payne, Strong Community Development funds was budgeted on Item (u) and is an agricultural water project. Councilman Means asked what was originally budgeted for (t) and (u) of the Consent Calendar. Director of Public Works Hawley stated $145,000 of Item (t) Bakersfield, California, March 19, 1979 - Page Upon a motion by Councilman Ratty, Items (t) and (u) of the Consent Calendar, were adopted by the following roll call vote: Councilmen Barton, Christensen, Means, Miller, Payne, Ayes: Noes: Absent: Ratty, None None Strong ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of Overhead Door Company for three electric motor driven roll-up door operators for the Corporation Yard, was accepted and the other bid rejected. Upon a motion by Councilman Barton, low bid of Kern Rock Company for Annual Contract No. 10480 for Select Road Materials, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Jim Burke Ford for Tilt-Cab and Chassis, was accepted and the other bid rejected. Upon a motion by Councilman Payne, low bid of Business & Institutional Furniture Company for Shop Tables, Chairs and Lockers, was accepted and all other bids rejected. Upon a motion by Councilman Means, low bid of M-B Company for two Four-Wheel Street Sweepers, was accepted, all other bids rejected and Budget Transfer in the amount of $5,880.00 from Account No. 81-484-6100 to Account No. 81-484-7900, was approved. Upon a motion by Councilman Strong, low bid of Humes Electric and Refrigeration Service for construction of Lighting Improvements at Beale Park, California Avenue Park and Jefferson Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No, 2486 New Series of the Council of the City of Bakersfield deleting Chapter 7.28 in its entirety and adding a new Chapter 7.28 (Adult Bookstores) to the Muni- cipal Code of the City of Bakersfield. Bakersfield, California, March 19, 1979 - Page After discussion upon a motion by Councilman Ratty, Ordinance No. 2486 New Series of the Council of the City of Bakers- field deleting Chapter 7.28 in its entirety and adding a new Chapter 7.28 (Adult Bookstores) to the Municipal Code of the City of Bakersfield, was adopted by the following roll call vote: Christensen, Means, Miller, Payne, Strong Councilmen Barton, Ratty, None None Ayes: Noes: Absent: Adoption of Ordinance No. 2487 New Series of the Council of the City of Bakersfield amending Title 17 of the Municipal Code providing for Special Dwelling Setbacks adjoining Agricul- tural (A) and Suburban Residential Zones. Upon a motion by Councilman Barton, Ordinance No. 2487 New Series of the Council of the City of Bakersfield amending Title 17 of the Municipal Code providing for Special Dwelling Setbacks and adjoining Agricultural (A) and Suburban Residential Zones, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Montclair Street, between Marella Way and the westerly extension of La Mirada Drive. The application for this amendment was made by John Deeter and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling), or more restrictive Zones. The Planning CorrLmission at their February 7, 1979, meeting recommended the "D" (Architectural Design Overlay) be applied to the Bakersfield, California, March 19, 1979 - Page 17 R-2 Zone to ensure compability of future development with residential properties. First reading was considered given an Ordinance adjacent 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 west side of Montclair Street, between Marella Way and the westerly extension of La Mirada Drive. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the north side of Sea Pines Drive between Melbourne Lane and Barrington Street and making findings in connection with P.U.D. Zone. The application for this amendment was made by Jack Balfanz and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the north side of Sea Pines Drive between Melbourne Lane and Barrington Street and making findings in connection with P.U.D. Zone. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located in the rear of 3401 and 3421 Wilson Road. The application for this amendment was made by Moreland- Obar and would change subject property from an R-i-CH (One Family Dwelling - Church) and C-2-D (Commercial - Architectural Design) Zones to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by Bakersfield, California, March 19, 1979 - Page 18 changing the Land Use Zoning of that certain property in the City of Bakersfield located in the rear of 3401 and 3421 Wilson Road. Adoption of Resolution No. 24-7~ of the Council of the City of Bakers- field authorizing filing of Applica- tion and verifying that sufficient funds are available and that all other matters prerequisite to awarding the contract for a Grade Separation on Chester Avenue at the Southern Pacific Transporation Company Track in the City of Bakers- field will be undertaken. This resolution is necessary to authorize the Public Works Director to file an application with Caltrans for the allo- cation of funds for the Chester Avenue/Southern Pacific Railroad Grade Separation and also verifies that the City will make avail- able a portion of the funds for the 10% local share of the project. The local share of the project will be £unded jointly by the City, County and Separation of Grade District. Upon a motion by Councilman Christensen, Resolution No. 24-79 of the Council of the City of Bakersfield authorizing filing of Application and verifying that sufficient funds are available and that all other matters prerequisite to awarding the contract for a Grade Separation on Chester Avenue at the Southern Pacific Transportation Company Track in the City of Bakersfield will be undertaken, was adopted by the following roll call vote: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong None None Ayes: Noes; Absent: Approval of Agreement between the City of Bakersfield and the Southern Pacific Transportation Company for construction and maintenance of a Grade Separation Structure at the intersection of the Southern Pacific Transportation Company's Tracks with Chester Avenue. Upon a motion by Councilman Christensen, Agreement between the City of Bakersfield and the Southern Pacific Transportation Bakersfield, California, March 19, 1979 - Page 19 19 Company for construction and maintenance of a Grade Separation Structure at the intersection of the Southern Pacific Transportation Company's Tracks with Chester Avenue, was approved and the Mayor was authorized to execute same. Approval of Consultant Services Agreement with EDAW, Inc., for prepa- ration of a Metropolitan Bakersfield Housing Element. The City in concert with the County Community Development Program Office and the County Planning Department have selected a consultant firm to prepare a Metropolitan Bakersfield Housing Element. Requests for proposals were sent to nine consultant firms. Five proposals were received. to give presentations and one result of that presentation. Two consultant firms were selected final consultant was selected as the EDAW, Inc., was selected by the Evaluation Committee. The City's cost will be $24,448.00. Sufficient funds exist in the contingency portion of the Community Development Block Grant to pay this cost. Upon a motion by Councilman Strong, Consultant Services Agreement with EDAW, Inc., for preparation of a Metropolitan Bakersfield Housing Element, was approved and the Mayor was authorized to execute same. Approval of Links, Incorporated, for Second Annual Housing Conference. Links, Incorporated, a non-profit corporation, is putting on its second annual Housing Conference and has requested the City, through the Community Development Program, to be a cosponsor. The conference will provide information to the public on alternative mortgage programs and different methods for meeting the housing needs of low and moderate income residents. The City has been requested to contribute $750.00 towards the conference costs. This amount will be paid out of Community Development funds. Councilman Ratty stated he agrees with having the Housing Conference, but feel allocating funds to cosponsor it will set a Bakersfield, California, March 19, 1979 - Page 20 precedence for similar groups. In light of the economies people feel should be exercised in City government they might not be in favor of spending money for this type of item. If the money is needed it should be provided by realtors, banks, construction firms and related businesses involved with housing. Councilman Ratty made a motion that the approval of the Housing Conference and the contribution of $750.00 towards con- ference costs be divided into two motions. Councilman Strong stated the funds being expended are Community Development funds and are part of the ongoing Community Development Program to educate and involve the public. Last year's conference was very worthwhile because there were a number of speakers who came to Bakersfield from different areas to explain the technical facets of the Community Development Program. The amount being requested is very small in light of the kind of conference produced last year. Councilman Ratty's motion that the approval of the Housing Conference and the contribution of $750.00 towards con- ference costs be divided into two motions, failed to carry by the following roll call vote: Ayes: Councilmen Barton, Miller, Ratty Noes: Councilmen Christensen, Means, Payne, Strong Absent: None Upon a motion by Councilman Strong, Contract with Links, Incorporated, for Second Annual Housing Conference, was approved and the Mayor was authorized to execute same. Councilmen Miller and Ratty voted in the negative on this motion. HEARINGS This is the time set for continued hearing before the Council on an Appeal by Center Neon Company, Inc., regarding the Planning Commission's denial of their request for a double-faced plastic sign for the Black Angus Motel. Bakersfield, Cali£ornia, March 19, 1979 - Page 21 The Planning Commission denied the request for a Special Sign Permit to allow an additional 8 by 24 foot double-faced interior illuminated sign 30 feet in height £or the Black Angus Motor Inn located at 333 Union Avenue. This hearing was continued from the Council Meeting of March 7, 1979, in order to provide time for each Councilman to visit the site before making a decision. Mr. ?ze-Chang Hu, owner of the Black Angus Motel, stated the motel and restaurant are operated by two different persons and the motel is inadequate because it cannot be seen from the sign for the highway. Mr. Ralph Kerber, Center Neon Company, Inc., stated that if this Special Sign Permit is granted the two small signs now existing on that property will be removed. After discussion, upon a motion by Councilman Strong, request of Center Neon Company, Inc., for a Special Sign Permit to allow an additional 8 x 24 foot double-faced interior illuminated sign 30 feet in height for the Black Angus Motor Inn located at 333 Union Avenue, with the understanding the two small signs now existing on that property w~ll be removed, was approved by the following roll call vote: Ayes Councilmen Barton, Miller, Strong Noes Councilmen Means, Payne, Ratty Absent: None Abstaining: Councilman Christensen Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council, the Mayor shall cast the deciding vote, Mayor Hart voted Aye. Bakersfield, California, March 19, 1979 - Page 22 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 9:35 P.M. MAYOP~f t~e C'ity of Bakersfield, Calif. ATTEST: CITY~ERK~a~io Clerk of the Council of the City of B~kersfield, California ma Bakersfield, California, March 28, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., March 28, 1979. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. The City Clerk called the roll as follows: Present: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Absent: Mayor Hart Minutes of the approved as presented. regular meeting of March 19, 1979 were SCHEDULED PUBLIC STATEMENTS Linda Ann Frick, Attorney at Law and resident of the Ming Avenue and New Stine Road area, presented a written appeal to the Council opposing the adoption o£ the ordinance that is on tonight's agenda changing the zoning to a P.C.D. on that property located on the northwest corner Stine Road. Vice-Mayor Barton informed Ms. man Payne's intention to make a motion a later date. Ms. at that time. of Ming Avenue and New Frick that it is Council- to continue that item until Frick indicated that she would prefer to discuss it CORRESPONDENCE Upon a motion by Councilman Christensen, communication from the City of Delano, dated March 20, 1979, regarding advance notice of the South San Joaquin Division of the League of California Cities meeting to be held April 27, 1979, was received and ordered placed on file. Upon a motion by Councilman Christensen, from the Kern County Medical Society, dated March garding United Airlines' communication 20, 1979, re- intention to withdraw air flights from Bakersfield, California, March 28, 1979 - Page 2 Bakersfield to San Francisco, was received and ordered placed on file. Upon a motion by Councilmaa Ratty, communication from Jeffrey A. Burns, dated February 15, 1979, requesting an amend- ment to the General Plan for a professional office located at 1921 "B" Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Means, communication from Michael R. Murphy, 625 - 30th Street, dated March 27, 1979, requesting an increase in Taxi Cab Rates, was received and referred to staff for appropriate action. COUNCIL STATEMENTS Deferral of an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Ming Avenue and New Stine Road and making findings in connection with the P.C.D. Zone. Upon a motion by Councilman Payne, action on an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Ming Avenue and New Stine Road and making findings in connection with the P.C.D. Zone, was deferred until the Council Meeting of April 18, 1979, in order to allow the residents and developer more time to study the matter and, hopefully, reach an agreement. Council- man Payne stated that he would personally notify the residents and developer when this item is placed back on the agenda. Councilman Strong nominated Mr. William H. McCullough, 2525 Buena Vista Street to fill the vacancy on the Police Depart- ment Civil Service Board. Councilman Ratty nominated Mr. Brad Ritter, 3301 Christmas Tree Lane to fill the vacancy on the ]Police Department Civil Service Board. Bakersfield, California, March 28, 1979 - Page 3 Upon a motion by Councilman Strong nominations for the vacancy on the Police Department Civil Service Board were closed. Mr. William H. McCullough, 2525 Buena Vista Street, was appointed to fill the vacancy, created by the resignation of Charles E. Strange, on the Police Department Civil Service Board, term expiring December 31, 1980, by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Strong, Barton Noes: None Absent: None Abstaining: Councilmen Miller, Ratty Upon a motion by Councilman Strong, appointment of Mr. William H. McCullough to the Police Department Civil Service Board was made unanimous. Mr. William McCullough thanked the Council for their faith, confidence and courage in giving him the opportunity to serve all of the citizens of Bakersfield. Withdrawal by applicant of an Ordi- nance 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 west side of Montclair Street, between Marella Way and the westerly extension of La Mirada Drive. Assistant City Clerk Anderson stated that at 4:50 P.M. this afternoon Mr. Sam Lozano, Designer for the applicant John Deeter, called and withdrew the proposed zone change because they discovered, after the Planning Commission hearing, that the project was not feasible. Upon a motion by Councilman Miller, continued public hearing before the Council on an Appeal by Moreland Engineering, Inc., acting on behalf of Highlands Real Estate Corporation, to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, affecting those 26 Bakersfield, California, March 28, 1979 - Page 4 certain properties in the City of Bakersfield commonly known as 3100 and 3200 Blocks of La Costa Street (odd only), was deferred until the Council Meeting of April 4, 1979. Councilman Miller request~.d a status report on the grant and construction of the Sewage Treatment Plant. Director of Public Works Hawley stated the expansion and upgrading of Treatment Plant No. 2 is a two year project and the work, at this time, is about 75% to 80% complete. The most recent estimated completion date is September 30, 1979 and the contract appears to be on schedule. Councilman Miller asked i~ the~e were any prerequisites in the grant in terms of funding for the operation of the plant. Director of Public Works Hawley stated there were many conditions in the grant and a more ~ndepth report could be made at a later date. Councilman Miller inquired about traffic control problems in the 3rd Ward, specifically on Auburn Street and Columbus Avenue. Director of Public Works Hawley stated that a study was made of this intersection a couple months ago and a report given to the City Council. The report indicated that none of the minimum warrants had been met for installation of traffic signals, however, it did indicate that certain signing and striping changes were needed. The changes have been completed and the Traffic Authority will continue to evaluate that intersection to determine if additional traffic warrants are needed. Since the last report was made on the speeding on Auburn Street several subdivisions have been constructed and Auburn Street has been extended east to tie into Fairfax Road and it might be worthwhile to conduct a new speed survey. Councilman Miller asked if there is a projected date for the closing of the landfill operation, located in the 3rd Ward, that is being operated by the County of Kern. Bakersfield, California, March 28, 1979 - Page 5 Director of Public Works Hawley stated that the last time he talked with the County Public Works Department it was indicated that Area A, which is the western portion of the land- fill, should be completed the latter part of this year. The contractor will then move into Area B, the eastern portion of the landfill, which should take approximately 2 years to complete. It is estimated that the overall completion date of the landfill should be about January, 1982. REPORTS Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 2-79 regarding Contract with Nicholas Counter III for Fiscal Year 1979-80 Employee Negotiations, as follows: The Governmental Efficiency and Personnel Committee has reviewed the attached contract for services rendered by Nicholas Counter, the City's chief negotiator. This contract calls for the present retainer arrangement to be extended for another one year period at the same monthly rate of $1,000 per month. The Governmental Efficiency and Personnel Committee is of the opinion that Mr. Counter represents the City in a fair and equitable manner and should be retained as the City's chief negotiator. We are therefore recom- mending Council approval of the attached agreement. After discussion, upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 2-79 regarding Contract with Nicholas Counter III for Fiscal Year 1979- 80 Employee Negotiations, was accepted; and agreement with Nicholas Counter III, was approved and the Mayor was authorized to execute same. Councilman Payne, member of the Governmental Efficiency and Personnel Committee, read Report No. 3-79 regarding Compulsory Medical Benefits for Pregnancy Care, as follows: On October 31, 1978, a new law was passed which amends Title VII of the Civil Rights Act. This new law in essence prohibits any type of employee Bakersfield, California, March 28, 1979 - Page 6 discrimination on the basis of pregnancy. Employers who presently maintain health care benefits for employees are now required to provide maternity benefits on the same basis as any other illness. (Attached to this report is information from Blue Cross and the City Attorney's Office regarding this matter). The City's two medical insurance carriers, Blue Cross and Crown Life, have informed us that effective May l, 1979 the following increases will be in effect for this maternity benefit: 445 married employees covered through Blue Cross - $5.51 per month. 234 single employees covered through Blue Cross - $.70 per month. 70 Fire Department employees covered through Crown Life - $3.96 per month. These increased rates will amount to an addi- tional $35,000 annually in insurance premiums. In order to provide this coverage for the remainder of Fiscal Year 1978-79, it will be necessary to transfer $5,833 from the Council's Contingency fund to the City's account for employee health and life insurance. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 3-79 regarding Compulsory Medical Benefits for Pregnancy Care, was accepted; and Budget Transfer from the Council's Contingency Fund to the City's account for Employee Health and Life Insurance, in the amount of $5,833.00, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4562 to 4637, inclusive, in the amount of $205,875.39. (b) Claim for Damages from Paul Betenbaugh, 330 Pine Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from the Automobile Club of Southern California on behalf of John P. Lane, 4091 Wc. odrow Lane, Bakers- field. (Refer to City Attorney) Bakersfield, California, March 28, 1979 - Page 7 29 (d) Notices of Completion and Acceptance of Work £or: Tract No. 3804, Contract No. 77-146 with Fortune Builders, Inc., located at Panorama Drive and Foxwood Street; Tract No. 4045, Contract No. 78-59 with Gannon-Tichenor Development Company, located at Pacheco Road and Pamela Street; Kro]l Way Park Security Lighting, Contract No. 78-151 with Valley Electric Company. The Public Works Department recommends a 17 day extension of time due to delays in equipment deliveries. (e) Application for Encroachment Permit from Mobil Oil Corporation, 3700 West 190th Street, Torrance, California, for con- struction of a 10" underground oil line in Arrow Street from Brittan Road northerly to a point approximately 650' north of Brittan Road. (f) Plans and Specifications for construction of Curbs and Gutters on Virginia Avenue, Owens Street, South King Street and Potomac Avenue. This project is to be funded with Economic Development Administration funds. (g) Agreement with Paci£ic Gas and Electric Company for installation of a storm drain across P. G. & E. property along the south line of the substation property at Wible Road and White Lane. (h) Request from Douglas Fox, Partner in Ameri- Kern Development Company, for annexation of property located on the south side of Kern Canyon Road just west of Hillcrest Mortuary, containing ll.5 acres of land. (Refer to Planning Commission for study and recommendation) Request from Denison-Do]l, Architects, 1820 Brundage Lane, Suite "C", for amend- ment to the General Plan for a Medical Office located at 1641 Olive Street. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, 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 Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None 3O Bakersfield, California, March 28, 1979 - Page 8 ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of Jim Alfter for construction of Corporation Yard Storage Bins, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2488 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the north side of Sea Pines Drive between Melbourne Lane and Barrington Street and making findings in connection with P.U.D. Zone. The application for this amendment was made by Jack Balfanz and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone. Upon a motion by Councilman Christensen, Negative Declaration and Ordinance No. 2488 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the north side of Sea Pines Drive between Melbourne Lane and Barrington Street and making findings in con- nection with P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton None None Ayes Noes Absent: Adoption of Ordinance No. 2489 New Series amending Title Seventeen of the Municipal Code o£ the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located in the rear of 3401 and 3421 Wilson Road. The application for this amendment was made by Moreland- Obar and would change subject property from an R-i-CH (One Family Bakersfield, California, March 28, 1979 - Page 9 31 Dwelling - Church) and C-2-D (Commercial - Architectural Design) Zones to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2489 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 in the rear of 3401 and 3421 Wilson Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Ayes: Noes: None Absent: None Adoption of Resolution No. 25-79 of the Council of the City of Bakers- field making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 268, Proceeding No. 645 (Real No. l) annexed to the City of Bakersfield. As of this date all annexation proceedings have been completed according to law. The hearing was completed and closed February 21, 2979, and no written or oral protests were filed. Upon a motion by Councilman Christensen, Resolution No. 25-79 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the terri- tory designated as Annexation No. 268, l) annexed to the City of Bakersfield, roll call vote: Ayes: Councilmen Christensen, Means, Strong, Barton Noes: None Absent: None Proceeding No. 645 (Real No. was adopted by the following Miller, Payne, Ratty, Bakersfield, California, March 28, 1979 - Page 10 Adoption of Resolution No. 26-79 of the Council of the City of Bakers- field making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 272, Proceeding No. 650 (Panama No. 2) annexed to the City of Bakersfield. As of this date all annexation proceedings have been completed according to law. The hearing was completed and closed February 21, 1979, and no written or oral protests were filed. Upon a motion by Councilman Payne, Resolution No. 26-79 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 272, Proceeding No. 650 (Panama No. 2) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Approval of Agreement between the City of Bakersfield and the State Department of Transportation pro- viding reimbursement to the City for streets on Federal Aid Routes which were damaged by the storm in February, 1978. This agreement was approved in the Consent Calendar on February 21, 1979, however, the State has requested that the Mayor be specifically authorized to sign. Upon a motion by Councilman Payne, Agreement between the City of Bakersfield and the State Department of Transportation providing reimbursement to the City for streets on Federal Aid Routes which were damaged by the storm in February, 1978, was approved and the Mayor was authorized to execute same. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Real No. i Annexation. Bakersfield, California, March 28, 1979 - Page 33 property the west This ordinance would zone upon annexation that certain in the County of Kern a majority of which is located from side of Real Road to Oak Street and between Palm Street and Chester Lane, to an R-1 (One Family Dwelling), R-2-D (Limited Multiple Family Dwelling - Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design) and C-2-D (Commercial - Architectural Design), or more restrictive Zones. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Real No. i Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the southeast corner of Stine Road and Planz Road, approving the Preliminary Develop- ment Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Robert N. Eddy and would change subject property from an "A" (Agricultural) Zone to a P.C.D. (Planned Commercial Development) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the southeast corner of Stine Road and Planz Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. Adoption of Resolution No. 27-79 of the Council of the City of Bakers- field authorizing the Department of General Services of the State o£ California to purchase certain items. This resolution would provide authorization for the Finance Operations Manager to designate the State as its agent in making purchases of certain supplies. Upon of the Council a motion by Councilman Means, Resolution No. 27-79 of the City of Bakersfield authorizing the Department 34 Bakersfield, California, March 28, 1979 - Page 12 of General Services of the State of California to purchase certain items, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes None Absent: None Approval of Contract with Book Pub- lishing Company for Annual Supple- mentation of the Municipal Code. Upon a motion by Councilman Miller, Contract with Book Publishing Company for annual supplementation of the Municipal Code at $18.00 per page, was approved and the Mayor was authorized to execute same. Approval of Budget Transfer in the amount of $4,500.00 for construction of new roof on the Art Gallery Building. The roof of the Art Gallery has been previously repaired but continued to leak. Due to the age and condition of the roof it is recommended that the old paper be removed and replaced with a new hot mopped roof and cap. Because of the valuables in the Gallery it is recommended that this work be done immediately. This is not a budgeted item, therefore, Council Contingency Funds in the amount of $4,500.00 would be required. Councilman Christensen made a motion that Budget Transfer from Council Contingency Account No. 11-512-6100 to Account No. 11-445-9200, in the amount of $4,500.00, for construction of new roof on the Art Gallery, be approved. Councilman Miller offered a substitute motion that the Budget Transfer for construction of a new roof for the Art Gallery be denied next year. roll call Ayes: Noes: Absent: at this time and the matter be placed in the budget for The substitute motion failed to carry by the following vote: Councilman Miller Councilmen Christensen, Means, Payne, Ratty, Strong, Barton None Bakersfield, California, March 28, 1979 - Page 35 Councilman Christensen's motion that Budget Transfer from Council Contingency Account No. 11-512-6100 to Account No. 11-445-9200, in the amount of $4,500.00, for construction of a new roof on the Art Gallery, was approved. Councilman Miller voted in the negative on this motion. Authorization granted the Police Department to pursue and apply for a Traffic Safety Grant, which prior to acceptance of any binding contract must be approved by the Council. During the past three years the City of Bakersfield has had a high increase in traffic accidents and also increased the miles of roadway patrolled by the Police Department. The City now has an excellent Traffic Program, but it is felt that with additional manpower and equipment an effective Enforcement and Education Program could be enacted which would go a long way towards reducing the traffic accident increase. The California State Office of Traffic Safety has indicated that monies are available for such programs on a two year grant and that they would be interested in possibly funding a program for the City of Bakersfield. Upon a motion by Councilman Payne, request of the Police Department to pursue and apply fo~ a Traffic Safety Grant, which prior to acceptance of any binding contract must be approved by the Council, was authorized. Authorization granted the Police Department to pursue making appli- cation for a Grant for a Young Adult Diversion Program, which would have to be approved by the Council prior to acceptance of the Grant. Presently the Police Department, in conjunction with the County, operates a Juvenile Diversion Program which is designed to take young, first-time offenders, out of the criminal system. This program has been in effect for four years and is highly successful. Recently enacted AB 90 provides funds for like programs for young adults, 18 to 21, in the same situation. The Police Department 36 Bakersfield, California, March 28, 1979 - Page 14 would like to pursue the possibility, including making application for a grant in conjunction with the County Probation Department, for manpower and equipment to operate this type of program for young adults. Upon a motion by Councilman Strong, request of the Police Department to pursue making application for a Grant for a Young Adult Diversion Program, which would have to be approved by the Council prior to acceptance of the Grant, was authorized. HEARINGS This is the time set for continued hearing before the Council for hearing protests by persons owning real property or any registered voter residing within territory designafed as "Union Avenue No. 9," proposed to be annexed to the City of Bakersfield. This is one of two recent annexations requested by the property owners in the vicinity of Union Avenue between White Lane and Pacheco Road. The first annexation located generally east of Union Avenue was uninhabited and completed January 10, 1979. This annexation is inhabited and approximately 770 residents Avenue. This hearing was duly contains 183.7 acres of land with and is located generally west of Union advertised; a notice posted; persons filing special request for, chief petitioners, i£ any, any affected City, County or District, and LAFCO Executive Officer were notified as required by law. This hearing was continued from the Council Meeting of February 28, 1979. Vice-Mayor Barton declared the hearing open for public participation. Mr. Buster Cox, 4212 Gordon Street, asked about the protest hearing and the number of residents living in the annexa- tion area. City Attorney Hoagland explained that if it is determined that there is less than a 25% protest the area is annexed into the City. If the protest amounts to between 25% and 50% the Council Bakersfield, California, March 28, 1979 - Page 15 37 will have to call an election. If the protest amounts to over 50% then the proceedings are terminated. Mr. Hoagland also stated that there are 269 registered voters in the Union Avenue No. 9 Annexation area. Mr. Herbert Keller, 4412 Eve Street, asked if a petition has been turned in tonight to join 'the City. A petition was handed to 'the Clerk containing the signa- tures of eight property owners and :registered voters requesting that their names be withdrawn from 'the original petition protesting the annexation. Mr. Raymond Ryan, representing Alpha & Omega Realty and Development Corporatin and Dream World Developments, presented a petition containing the signatures of four property owners and registered voters requesting that their names be withdrawn from the original petition protesting the annexation. No further protests or objections being received, Vice- Mayor Barton closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Miller, the public hearing was closed and the annexation of inhabited territory known as "Union Avenue No. 9," was ordered to be submitted to the Council for determination not less than 30 days from th~s date, by the following roll call vote: Ayes Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes None Absent: None This is the time set for public hearing before the Council on Resolution of Intention No. 941 of the Council of the City of Bakersfield, declaring its intention to order the vacation of Fraser Road between Ashe and Gosford Roads, in the City of Bakersfield. This hearing has been duly posted. 38 Bakersfield, California, March 28, 1979 - Page 16 Vice-Mayor Barton declared the hearing open for public participation. Mr. Chuck Tolfree, representing Tenneco Realty Development Corporation 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 delibera- tion and action. Upon a motion by Councilman Ratty, Resolution No. 28-79 of the Council of the City of Bakersfie].d ordering the vacation of Fraser Road between Ashe and Gosford Roads, in the City of Bakers- field, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes None Absent: None This is the time set for public hearing before the Council on Resolution of Intention No. 942 of the Council of the City of Bakersfield, declaring its intention to order the vacation of portions of "K" Street, 38th Street and 40th Street, adjacent to Blocks 666 and 667, in the City of Bakersfield. This hearing has been duly posted. Vice-Mayor Barton declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 29-79 of the Council of the City of Bakersfield ordering the vacation of portions of "K" Street, 38th Street and 40th Street, adjacent to Blocks 666 and 667, in the City of Bakersfield, was adopted by the following roll call vote: Ayes Noes Absent: Councilmen Christensen, Means, Strong, Barton None None Miller, Payne, Ratty, Bakersfield, Cali£ornia, March 28, 1979 - Page 17 39 This is the time set for public hearing regarding the Draft Application for the Community Development Block Grant Program to State and Area-Wide Clearinghouses for review and comment. This hearing has been duly advertised. Prior to submitting the Final Application for Block Grant funds a Draft Application is required to be directed to the appropriate State and Area-Wide Clearinghouses for review and comment. These comments will be incorporated into the Final Application to be submitted to HUD no later than May 18, 1979. Vice-Mayor Barton declared the hearing open for public participation. Mr. Robert Ashbeck, Citizens Advisory Committee, Chairman of the Community Development commended the staff of the Community Development Department for their efforts in obtaining more public input in this program than he has ever witnessed in any single City function. Mr. Ashbeck then read a letter from the Community Development Citizens Advisory Committee requesting Council approval of the Draft Application, as submitted. No protests or objections being received and no one wishing to speak in favor, Vice-Mayor Barton closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Christensen, Draft Community Development Plan Application, was approved; and the staff was authorized to submit the Draft Application to the State and Area- Wide Clearinghouses for review and comment, by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Means, Miller, Payne, Strong, Barton None None Ratty, 4O Bakersfield, California, March 28, 1979 - Page 18 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 9:20 P.M. V.~-MAYOR ~/the City of Bakersfield, ATTEST: ma Calif.