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HomeMy WebLinkAboutJAN - MAR 198034 Bakersfield, California, January 9, 1980 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 9, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge o£ Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Ratty, Strong, Barton, Absent: None Christensen, Means, Miller, Payne Minutes of the regular meeting of December 19, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. George Valos, General Chairman of the Buck Owens' Rodeo and Frontier Days Celebration, requested that the Mayor proclaim the week of March 24-30, 1980, as official Buck Owens' Rodeo and Frontier Days Celebration Week. Mr. Valos stated that all appropriations will go towards fighting cancer, outlined the activities planned for the week of the celebration and introduced Parade Chairman Pete Jones, Buck Owens' Administrative Assistant Trish Sanderson and 1977 Rodeo Queen Lisa McCan. Mayor Hart stated he would be delighted to proclaim March 24-30, 1980, as Buck Owens' Rodeo and Frontier Days Celebration Week. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Garone Cattle Company to the Department of Public Works, dated December 7, 1979, requesting an extension of their Sewer Farm Lease, was received and referred to the Water and City Growth Committee. Upon a motion by Councilman Barton, communication £rom Highland Tow Service, 504 Butte Street, dated December 12, 1979, requesting a status report on their request for a rate increase, was received, ordered placed on file and forwarded to the Business Bakersfield, California, January 9, 1980 - Page 2 35 Development and Parking Committee. (This matter was referred to the Business Development and Parking Committee for study and recom- mendation at the Council Meeting of November 14, 1979). Upon a motion by Councilman Barton, communication from George Deukmejian, State Attorney General, dated December 17, 1979, and Alister McAlister, State Assemblyman of the 25th District, dated December 31, 1979, regarding the "California Crime Watch," the Attorney General's plan to restore public safety in the 80's, and a copy of a proposed resolution, was received, ordered placed on file and referred to staff to augment the information with the City of Bakersfield's Neighborhood Watch Program. Mayor Hart stated he would prepare a resolution to pre- sent to the Council augmenting the information for the State Attorney General's "California Crime Watch Program" with the City of Bakersfi~ld's Neighborhood Watch Program. Upon a motion by Councilman Means, communication from Kern Refuse Disposal, Inc., dated December 20, 1979, requesting a 15% rate increase, effective July l, 1980, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Strong, communication from Reeder Corporations, 1830 Brundage Lane, dated December 26, 1979, inquiring if the City of Bakersfield would work with Reeder Corporation in the selection, construction and operation of housing which would help the City meet some of its relocation obligations, was received and referred to the Redevelopment Agency with appropriate notification to the Council on any responses made by the Redevelopment Agency. Upon a motion by Councilman Christensen, communication from Mossman's Kitchen, 1810 "R" Street, dated December 28, 1979, requesting that the Council establish a definite policy regarding removable bleachers, was received and referred to the Auditorium- Recreation Committee. Bakersfield, California, January 9, 1980 - Page 3 Councilman Miller stated Mr. Mossman's letter mentions a specific date regarding the Outlook Conference to be held on January 16, 1980, which would be prior to the next Council Meeting. Auditorium-Recreation Manager Graviss stated Mr. Jim Radoumis, Coordinator with the Board of Trade, has indicated only 80 more people will attend and they can be seated on the stage area without removing the seat risers. Upon a motion by Councilman Means, communication from Joseph L. Coley, Publisher of the Bakersfield News Observer, 1032 California Avenue, regarding Greater Bakersfield Community Develop- ment Corporation, was received and will be considered during a report on this subject later in the Council Meeting. COUNCIL STATEMENTS Upon a motion by Councilman Barton, the staff was requested to place the proposed ordinance prohibiting the sale and display of narcotic and drug paraphernalia to minors on the agenda for first reading at the Council Meeting of January 16, 1980. Upon a motion by Councilman Ratty, communication from Mr. Dale White, 670 Eddy Street, San Francisco, California, dated January 3, 1980, proposing that an election be held to annex the unincorporated islands, that are surrounded by the incorporated area, into the City, was received, ordered placed on file and referred to staff for study and recommendation back to the Council at the meeting of January 16, 1980. REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 10-79 regarding Agreement with Greater Bakersfield Community Development Corporation (CDC), as follows: In February of this year, a number of local community organizations held an economic development workshop. Out of that meeting came the decision to set up a non-profit Bakersfield, California, January 9, 1980 - Page 4 corporation, with community-wide representation on the Board of Directors, to carry out planning and other activities in the lower income areas of the City, primarily those served by the Community Development Block Grant (CDBG) pro- gram. As a result, the Greater Bakersfield Community Development Corporation (CDC) was incorporated and a funding proposal submitted to the City in July. As proposed, the CDC will formulate an economic development program for the Block Grant target areas under a six-month contract, not to exceed $49,538. Community Development staff will administer the contract and also will serve on the Technical Assistance Committee to provide advice and information to the CDC during this period. The work product to be presented at the end of the contract will include a profile of the target area and its economy, existing development programs and new opportunities for target area development. It is anticipated that this effort will result in a series of economic development activities which can be incorporated into the 1980-81 CDBG application. Two objectives are to be achieved through this agreement with the Greater Bakersfield CDC. One is to establish an organizational structure which will allow greater and more effective citizen participation in the planning for development of their community. In that respect, the 1980-81CDBG application should closely reflect the needs of the target area as perceived by the residents. Second, the contract will provide seed money to provide the CDC with the time and track record to secure its own financial resources to continue operation after the initial six-month period. By tapping other public and private sources, the CDC can establish itself as a long-term structure to serve the target area community. THEREFORE, IT IS RECOMMENDED THAT the City Council accept this report, approve the agree- ment with the Greater Bakersfield Community Development Corporation and instruct the City Community Development staff to administer the contract. Councilman Means made a motion that Budget Review and Finance Committee Report No. 10-79 regarding Agreement with Greater Bakersfield Community Development Corporation (CDC), be accepted; and Agreement with the Greater Bakersfield Community Development Corporation, be approved and the Mayor authorized to execute same and the Community Development staff authorized to administer the agreement. Bakersfield, California, January 9, 1980 - Page 5 The following communication from Joseph L. Coley, Pub- lisher of the Bakersfield News Observer, 1032 California Avenue, was read into the record: Mr. Mayor & Gentlemen of the City Council: In the last two weeks my staff and I have talked to a minimum of twenty people in each of the 7 tracts listed as the target area and none of the hundred or more people we talked to knew anything about Greater Bakersfield Community Development Corporation, Inc. GBCDC is the same group who now has a suit against the City of Bakersfield because they were not involved in the planning of O.E.D.P. As publisher of the Black Newspaper that reaches 10,000 homes weekly, I would like to know who and how many community people were involved in setting up G.B.C.D.C. Joseph L. Coley Publisher Director of Fire & Development Services Needham stated, in answer to a question by Councilman Barton, there are currently two people on the Board of Directors of the Community Development Corporation, Rosalio Banales and Connie Nieto, and they are in the process of selecting other people through community input. Originally the formation of the CDC was brought forth by the Greater Bakersfield Legal Assistance representatives Mr. Carey Scott, Mr. Harlen Hunter and M. Tangulizi Sanyika. They met with staff on a number of occasions, people in the area and formed the 3 member Board of Directors, of which one position is vacant. Community Development & Housing Coordinator Gilchrist stated the action the letter is referring to was a letter of protest the organization filed with the Economic Development Administration regarding the County and the makeup of the Overall Economic Development Plan. Subsequently discussions have occurred and that matter has been cleared up. Councilman Ratty stated he has problems with this be- cause as he understands another group is being formed for community broad-based support in the target area and was not involved with Bakersfield, California, January 9, 1980 - Page 6 39 the formation of CDC. He does not understand who the CDC will be responsible to, how the Board is selected and who will guarantee it. Councilman Ratty outlined several additional items he does not understand about the CDC and stated he cannot support it. Councilman Means' motion that Budget Review and Finance Committee Report No. 10-79 regarding Agreement with Greater Bakers- field Community Development Corporation (CDC), was accepted; and Agreement with the Greater Bakers£ield Community Development Corporation, was approved, the Mayor was authorized to execute same and the Community Development staff was authorized to administer the agreement, by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne Noes: Councilman Ratty Absent: None Councilman Ratty, in clarifying his negative vote, stated he read the materials and discussed it with staff and still has problems with it. Councilman Means, in clarifying his favorable vote, stated that the problem is that the Council, for a long time, has had a lot of control over providing money for the low-income community and they persisted in doing that because they wanted to maintain a tight control over everything they did. This is £inally an opportunity wherethe citizens can have input, especially those people who are suppose to receive that money. Once they have input then the Council starts feeling like they are losing some of their power, but that is the advantage of this proposal. Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 1-80 regarding Amendment to City Contract with S.P.C.A., as follows: Attached to this report is an analysis of in- come and expenditures in regard to a contract between the City and the S.P.C.A. for the first eleven months of an eighteen month agreement. 4O Bakersfield, California, January 9, 1980 - Page 7 Also attached is a proposal by the S.P.C.A. to the City for an amendment to this contract which concludes on June 30th o£ this year. As the Council knows, the local S.P.C.A. is presently in serious financial condition. A recent audit of their books by the City staff indicates nothing illegal has transpired, how- ever, their management during the past year certainly left a lot to be desired. The staf£ has met on several occasions with the S.P.C.A.'s Board of Directors and the County of Kern in an attempt to resolve this dilemma. It appears at this time that the City has three alternatives to follow: (1) the City Police Department once again would take over the animal control responsibility; (2) contract with the County for animal control; and (3) renegotiate the present contract with the S.P.C.A. After careful consideration, the Intergovern- mental Relations Committee is in favor of the third alternative. The first choice has, in the past, proven to be a burden on the Police Department in that their emergency phone lines were tied up with animal complaint calls. The second alternative is expensive and would require the old pound site to remain open. This Committee is therefore recommending Council approval of the attached amendment to the City's contract with the S.P.C.A. and authorize payment of necessary monies out of the Council's Contingency Fund. This amend- ment would, in effect, increase the City's cost by $27,500 for the next six months, and also defer monthly payments for the trucks, which we turned over to the S.P.C.A., until July l, 1980. We are further recommending that the City staff evaluate and audit the S.P.C.A. monthly for the remainder of this contract. This Committee will take a close look at the overall operations during the next six months and come back to the City Council with a recom- mendation as to whether or not the City should enter into another contract with the S.P.C.A. Mr. Walter F. Miller~ Certified Public Accountant doing volunteer service for the S.P.C.A., stated this organization can make a substantial contribution to the community, but it is in dire financial straits. He stated he spent a good deal o~ effort determining what had gone wrong and what would be needed to com- plete the contract on a very minimal basis. The last six months of the contract the S.P.C.A. can demonstrate it is capable of Bakersfield, California, January 9, 1980 - Page 8 performing the job that was set out mendations in the budget are modest, it can work well. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 1-80 regarding Amendment to City Contract with S.P.C.A., was accepted; amended contract with the S.P.C.A., was approved and the Mayor was authorized to execute same; authorization was granted for payment of necessary money from the Council's Contingency Fund; and the City staff was authorized to evaluate and audit the S.P.C.A. monthly for the remainder of the contract, by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Upon a motion by Councilman Miller, the Budget Review and Finance Committee was instructed to review the low balance of the Council Contingency Fund at their next meeting. Director of Public Works Hawley reported that the City received a request for an amendment to the Land Use Element of the General Plan for property located on the south side of the Kern River between Chester Avenue and Manor Street. The City has always planned on this area being retained for open space. Both the 1961 General Plan and the 1973 Open Space Element of the General Plan show this property as open space. The property is in the flood plain and is presently zoned Flood Plain Primary and Flood Plain Secondary. During the budget sessions of 1978-79 the Council requested that the City relocate Weill Park to another site north of its present location, possibly along the river bed. It is being requested that the Council authorize the staff to obtain appraisals for the property along the south side of the river. Funds for the appraisal are available in the Public Works Professional and Consulting Account. initially to do. The recom- but with everyones cooperation Bakersfield, California, January 9, 1980 - Page 9 Councilman Barton thought out more thoroughly cause it can be rechanneled. stated he would like this matter in respect to the river itself be- If the City is going to purchase something without controls on it that property could be worth- less and he has some reservations about that. Director of Public Works Hawley suggested that the Council authorize the staff to consider the entire river bed, as well as the property along the south side of the river. It would not cost much more to do that. Councilman Barton made a motion that the whole channel and flood plain in that area be considered, so that if the City is put into a position where the area should be purchased or a park relocated it does not buy just half, but the whole area and have control over it. Councilman Christensen asked if there were any State laws forbidding the building of family homes, trailer parks, etc., on river beds. Would the City be liable if they granted a zone change and a flood occurred? City Manager Bergen stated it is his opinion that the City could not issue a permit for any construction in the Primary Flood Plain Zone, but construction in the Secondary Flood Plain Zone would depend on zoning approved by the City Council. Upon a motion by Councilman Barton the previous motion was tabled until the Council Meeting of January 16, 1980. Director of Fire & Development Services Needham suggested several dates for the Workshop Session between the Council and Planning Commission and the Council indicated they would prefer Tuesday, January 29, 1980, at 7:00 P.M. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3147 to 3517, inclusive, in the amount of $512,091.75. Bakersfield, California, January 9, 1980 - Page l0 43 (b) (c) (d) (e) (f) g) (h) (i) (J) Claim for Damages from Farmers Insurance Group on behalf of Gloria Mendoza, 6401 Bronson Lane, Bakersfield. (Refer to City Attorney) Street Dedication from Regional Mortgage Company for a portion of Sylvia Drive, Planz Road and Alleys, as required for Parcel Map No. 5055, located north of Planz Road and west of South Chester Avenue. Sewer Easement from T. M. Coss, Sally Coss and Jack Williams for sewer lines to serve the Wild West Shopping Center, located south of Stockdale Highway and west of Real Road. Grant of Easement from the City of Bakers- field to P. G. & E. for construction of underground facilities in the Pacheco Greenbelt, south of Siam Court. Water Line Easement from Tenneco Realty Development Corporation for additional water pipeline easement along Mohawk Street, Business Park North and East Commercenter, as required by the City Domestic Water Department. Improvement Agreement for Parcel Map No. 5055 with Regional Mortgage Company for construction of improvements required by the Planning Commission, located north of Planz Road on the west side of South Chester Avenue. Application for Encroachment Permit from B. L. Dickinson, 3904 Panorama Drive, for construction of a 5 foot high fence/ retaining wall along back of sidewalk at the southwest corner of Panorama Drive and Fairfax Road. Application for Encroachment Permit from Robert B. Tobias, Jr., 2609 Bank Street, for construction of a brick and wrought iron fence along back of sidewalk at 2609 Bank Street. Contract Change Order No. 1 to Contract No. 79-120 with Granite Construction Company for construction of Street and Drainage Improvements within the Homaker Area. This Change Order provides for additional curbs, gutters and paving on Espee Street and Jewett Avenue to com- plete drainage plan for the area. Re- construction of existing curb, gutter, sidewalk and pavement at various locations was necessary due to grades of existing improvements not matching with the new curbs and gutters. This will increase contract amount from $204,103.00 to $233,727.76. 44 Bakersfield, California, January 9, 1980 - Page ll (k) Agreement with the County of Kern to share the cost of installing traffic signals at Stockdale Highway and E1 Rio Drive. The agreement provides for the County to pay 25% of the construction and engineering cost. (i) Request from R. L. Barnett Co., Realtor, for amendment to the General Plan from medium-density to an office designation for property located on the west side of Oswell Street between Bernard Street and Pico Street. (Refer to Planning Com- mission for study and recommendation) (m) Resolution No. 1-80 of the Council of the City of Bakersfield initiating proceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 708, Annexation No. 280 (Fairview No. 1), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, February 13, 1980. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Upon a motion by Councilman Strong the Governmental Efficiency and Personnel Committee was authorized to consider the matter of management salaries and come back to the Council with a recommendation. ACTION ON BIDS Upon a motion by Councilman Strong, bid of Valley Tree and Construction for demolition and removal of structures at various locations, was accepted. Upon a motion by Councilman Payne, low bid of Clow Corporation for Fire Hydrants and Burys, was accepted and all other bids rejected. Upon a motion by Councilman Barton, usual bidding requirements were dispensed with, in accordance with Section Bakersfield, California, January 9, 1980 - Page 12 5.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate for the replacement of six irrigation headgate valves for the Kern River Canal and Irrigating Company. Upon a motion by Councilman Payne, low bid of American Fence Company for construction of a 6 foot chain link fence adjacent to Adanac Court, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of James G. Francis, Contractor, for construction of asphalt concrete pavement on Stine Road between White Lane and 600 feet north, portions between Panama Lane and Harris Road, and Adanac Court adjacent to County Corporation Yard, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Jim Alfter for Modification Plans for Truxtun Avenue Parking Lot and 20th Street Parking Lot, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of McKesson Chemical Company for Weed Killer for the Water Department, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bids of Graybar Electric for replacement kits ballasts and Consolidated Electric for globes for parks, were accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Econolite Control Products for installation of Traffic Signal Controller and Cabinet Assemblies for Niles Street at Haley Street and California Avenue at Oak Street and Stockdale Highway, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. 46 Bakersfield, California, January 9, 1980 - Page 13 DEFERRED BUSINESS Adoption of Ordinance No. 2543 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Planz Road, approxi- mately 600 feet west of South Chester Avenue. The application for this amendment was initiated by the Planning Commission and would change subject property from a C-2-D (Commercial - Architectural Design) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2543 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Planz Road, approximately 600 feet west of South Chester Avenue, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Miller, Noes: None Absent: None Strong, Barton, Christensen, Means, Payne NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by amend- ing Section 11.04.766 (Speed Limit on Stockdale Highway). Pursuant to Section 22358 of the California Vehicle Code~ the Traffic Authority recommends the Speed Limit on Stockdale Highway, between the City Limit east of E1 Rio Drive and Via Riata Street, be changed from 55 MPH to 50 MPH. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Municipal Code by amending Section 11.04.766 (Speed Limit on Stockdale Highway). Bakersfield, California, January 9, 1980 - Page 14 Approval of Program Supplement No. 9 to Local Agency-State Master Agree- ment for FAU Project M-F 252 (1) Truxtun Avenue Extension. This agreement provides the terms and conditions for City administration of the contract for the Truxtun Avenue Extension Project and for funding of the project with Federal Aid Urban Funds. Estimated cost of the project, including Construction Engineering, is $3,850,000. The agreement authorizes the use of $2,833,799 in FAU Funds, $500,000 in Grade Separation Funds and $516,221 in Local[ Gas Tax Funds. Upon a motion by Councilman Ratty, Program Supplement No. 9 to Local Agency-State Master Agreement for FAU Project M-F 252 (1), Truxtun Avenue Extension, was approved and the Mayor was authorized to execute same. In response to a request by Councilman Ratty, Director of Public Works Hawley, with the aid of a map, pointed out several intersections on E1 Rio Drive where stop signs will be constructed. Approval of Agreement between the City of Bakersfield and Richard T. Chambers, Inc., for Construction Inspection Services for the Truxtun Avenue Extension Project. Councilman Ratty made a motion that the Agreement between the City of Bakersfield and Richard T. Chambers, Inc., £or Construction Inspection Services for the Truxtun Avenue Extension Project, be approved and the Mayor authorized to execute same. Councilman Strong stated that the agreement should con- tain a provision that if something catastrophic or unforeseen takes place that causes a delay on the project that the City would not be committed to pay the $28.00 per hour. Director of Public Works Hawley stated the Agreement requires Inspectors to submit daily time reports for approval by the City and he would make sure this item is clarified in the agreement. Councilman Ratty's motion that the Agreement between the City of Bakersfield and Richard T. Chambers, Inc., for Construction Bakersfield, California, January 9, 1980 - Page 15 Inspection Services for the Truxtun Avenue Extension Project, be approved and the Mayor authorized to execute same, was unanimously approved. Approval of Agreement between the City of Bakersfield and State Depart- ment of Transportation for Construction Engineering Services for the Truxtun Avenue Extension Project. Upon a motion by Councilman Ratty, Agreement between the City of Bakersfield and State Department of Transportation for Construction Engineering Services for the Truxtun Avenue Extension Project, was approved and the Mayor was authorized to execute same. Councilman Ratty commented on the inaccuracy of an article that appeared in the Bakersfield Californian last week about the odors from the Southeast Sewer regarding a complaint Farm. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:35 P.M. Calif. ATTEST: C ~/6rLERK and E~ Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, January 16, 1980 49 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 16, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Absent: None Minutes of the regular meeting of January 9, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Frank Waterhouse, Environmental Planner for Caltrans, introduced Mr. Erwin Rosa, Deputy District Director of Planning for Caltrans, who presented information to the Council regarding recent legislation to attenuate noise along freeways and highways in California. Funds in the amount of $176,000 have been appro- priated in their 1980-81 program for building a sound wall on Freeway 99 between White Lane and Planz Road. Caltrans will have a demonstration and hold a public hearing for residents of that area and report back to the Council on their findings. Councilman Miller requested Mr. Rosa to meet with him to discuss the illumination of the intersection of Fairfax Road and Highway 178. CORRESPONDENCE Upon a motion by Councilman Barton, communication from Warner Cable of Kern County, dated January 9, 1980, requesting an additional five year extension of Lease Agreement No. 57-68, which provides an antenna site at the Municipal Farm, was received and referred to staff for study and recommendation. Upon a motion by Councilman Barton, communication from Bakersfield Cable TV, Inc., dated January 15, 1980, requesting consent to merge Cox Broadcasting Corporation with General Electric, 5O Bakersfield, California, January 16, 1980 - Page 2 was received and referred to the City Attorney and Business Develop- ment and Parking Committee for study and recommendation. Upon a motion by Councilman Ratty, communication from Butler, Chambers & Hughes, Civil Engineering, Surveying and Land Planning, 254 "H" Street, dated January 15, 1980, requesting annexation of property located on the south side of Louise Avenue between the Kern Island Canal and Rodney Street, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Christensen read a statement from the League of California Cities Legislative Bulletin, dated January 11, 1980, regarding SB 4 - Beverage Container Deposit, as follows: Beverage Container Deposit. SB 4 (Rains). Senator Rains' well-known legislation, which would establish a mandatory deposit on all beverage containers, will be taken up on the Senate floor around January 24. While public opinion polls throughout the state show that 80 to 95% of the public fully supports a mandatory container bill and would willingly comply with such legislation, strong lobbying efforts on behalf of the bottling industry has made it very difficult to secure passage of the measure. Studies in other states with mandatory deposit legislation, such as Oregon and Michigan, show that local agencies will save millions of dollars through the passage of measures such as SB 4. These savings include reduced costs of litter cleanup in city parks, reduced solid waste accumulation and other related litter cleanup savings. Upon a motion by Councilman Christensen, the Mayor was requested to send a letter to State Senator Walter W. Stiern expressing the Council's support of SB 4 - Beverage Container Deposit. Councilman Strong voted in the negative on this motion and Councilman Miller abstained from voting. REPORTS Councilman Means, Chairman of the Energy Committee, read Report No. 1-80 regarding Review of Workplan to be Submitted to State Energy Committee for Feasibility Study of Municipal Solar Utility, as follows: Bakersfield, California, January 16, 1980 - Page 3 The attached Workplan is the first product required by our participation in the Joint Powers Authority established to study the possible scope and feasibility of a Municipal Solar Utility. Its purpose is to delineate in detail the various steps and activities Bakersfield will take to complete its compre- hensive study of the issues. The Workplan represents the numerous steps we feel are necessary to objectively discuss, and detail the pros and cons of the issue as well as including those issues or concerns identified by the Energy Committee and the City Council at its November 28, 1979 meeting when this Joint Powers Agreement was approved. This Workplan will be formally submitted to the State and members of the Joint Powers Authority on January 31, 1980. At that meeting, all members of the Authority will submit their respective workplans for review and the selection process for consultants will be resolved. RECOMMENDATION: Although no action is required by Council on this matter, it is recommended that the members of Council become familiar with the process and activities of this effort. Energy conservation is a vital issue to our city and many difficult and complicated decision must be made in the near future. Upon a motion by Councilman Means, Energy Committee Report No. 1-80 regarding Review of Workplan to be Submitted to State Energy Committee for Feasibility Study of Municipal Solar Utility, was accepted. Councilman Means, Chairman of the Energy Committee, read Report No. 2-80 regarding Application for Grant to Kern County Council of Governments for Funds to Make a Comprehensive Study of Energy/Energy Conservation Issues, as follows: The Kern COG has indicated the availability of funds in the amount of $30,000 for the study of energy related issues. Staff has discussed the on-going efforts of Bakersfield in the areas of energy conservation with the Kern COG staff, and as a result of these discussions are proposing the submittal of the attached proposal. The proposal indentifies key areas of need and couples these with our on-going studies of energy conservation. We are proposing to con- duct a comprehensive study of the issues in the hopes that other agencies within our region may utilize the reports and recommended actions that are produced by our efforts. 52 Bakersfield, California, January 16, 1980 - Page 4 The proposed $30,000 grant will require $6,000 matching funds by the City. The City's share will come from the funds allocated to it by the State through the Joint Powers Agreement approved on November 28, 1979 £or the study of a Municipal Solar Utility and related issues. Therefore, no General Fund dollars will be utilized for this effort. THEREFORE, IT IS RECOMMENDED THAT 1) The sub- mittal of the proposal to Kern COG be approved; and 2) Approval be granted to staff to allow the negotiation of the subsequent grant and contract to be returned to Council for approval. Upon a motion by Councilman Means, Energy Committee Report No. 2-80 regarding Application for Grant to Kern County Council of Governments for Funds to Make a Comprehensive Study of Energy/Energy Conservation Issues, was accepted. Councilman Payne reported that the Bakersfield Police Department's Inservice Training Analysis study was completed by Management Assessment Center on December 29, 1979, and copies have been given to all Council members. It was taken back to the Governmental Efficiency and Personnel Committee for review and discussion prior to tonight's meeting. The Governmental Efficiency and Personnel Committee is satisfied with the training portion of the report. The report definitely indicates a training program is needed. Budgeted funds should be released to provide a training program in areas accepted by everyone involved. Upon a motion by Councilman Payne, the remaining budget funds, as authorized for the Bakersfield Police Department's In- service Training Program, was allocated to be utilized in line with the Police Department's express program objectives. Director of Fire & Development Services Needham reported that it was requested at last week's meeting that the staff look into a request by a letter from Dale White to annex islands and areas immediately adjacent to the incorporated areas of the City of Bakersfield in one annexation. After talking to LAFCO repre- sentatives and several other people it has been discovered there are certain areas that should be investigated further. It is Bakers£ield, California, January 16, 1980 - Page 5 basically the opinion of staff that Mr. White's intentions are very good, but not practical at this point in time. Staff recom- mends that it not be pursued at this time. Director of Fire & Development Services Needham reported that the Planning Commission has requested that the Council hold the Workshop Session, tentatively scheduled for Tuesday, January 29, 1980 at 7:00 P.M., in a place where there is a round table or one that is more conducive to general discussion than the Council Chambers. Councilman Barton stated he £elt that was a good idea, but wanted to be sure the location is settled soon enough to notify the public. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3518 to 3655, inclusive, in the amount of $706,998.64. (b) Claim for Damages from Gloria A. Mendoza, 6401 Bronson Lane, Bakersfield. (Refer to City Attorney). (c) Claim £or Damages from Sherrie Voyles, 806 Rutherford Court, Bakers£ield. (Refer to City Attorney) (d) Improvement Agreement for Parcel Map No. 5698 with Hisato Kinoshita for construction of improvements required by the Planning Commission, located on northeast corner o£ Akers Road and Panama Lane. (e) Notices o£ Completion and Acceptance of Work for: Street and Drainage Improvements within Homaker Park Area, Contract No. 79-120 with Granite Construction Company. Tract No. 4048, Contract No. 79-12 with Tenneco Realty Development Corporation, located at West Half Moon Drive and Ashe Road. Canal Culvert Extension at White Lane and Farmers Canal, Contract No. 79-175 with G.C.A. Construction Company. Parcel Map No. 3653, Contract No. 77-116 with Ira L. Brummell, located at McDonald Way and Belle Terrace. 54 Bakersfield, California, January 16, 1980 - Page 6 (f) (g) (h) (i) Upon (d), (e), (f), adopted by the Ayes: Noes: Absent: Plans and Specifications for University Park Irrigation System. Plans and Specifications for University Park Grading Improvements. Plans and Specifications for construction of Elm Street Storm Drain, north of Joshua Court. Request from San Joaquin Community Hospital Corporation for closing of Eye Street between 26th and 27th Streets. (Refer to Planning Commission for study and recom- mendation) a motion by Councilman Miller, Items (a), (b), (c), (g), (h) and (i) of the Consent Calendar, were following roll call vote: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, None None Ratty ACTION ON BIDS Upon a motion by Councilman Christensen, the one incom- plete bid received for kitchen appliances for the Fire Department, was rejected and the Finance Operations Manager was authorized to rebid the items. Upon a motion by Councilman Payne, low bid of Motorola for Base Stations/Mobile Radios, was accepted and all other bids rejected. Upon a motion by Councilman Miller, low bid of Berchtold Equipment Company for Turf Tractor, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, low bid of Ray Gaskin Service for Glider Kits for Refuse Trucks - Assembly and Installa- tion, was accepted and all other bids rejected. Upon a motion by Councilman Miller, all bids for One Ton Pickup and Service Body, were rejected and the Finance Operations Manager was authorized to readvertise for bids. Bakersfield, California, January 16, 1980 - Page DEFERRED BUSINESS Adoption of Ordinance No. 2544 New Series of the Council of the City of Bakersfield amending the Municipal Code by amending Section 11.04.766 (Speed Limit on Stockdale Highway). Upon a motion by Councilman Ratty, Ordinance No. 2544 New Series of the Council o£ the City of Bakersfield amending the Municipal Code by amending Section 11.04.766 (Speed Limit on Stockdale Highway), was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Authorization granted staff to obtain an appraisal of Open Space Flood Plain Zoned Property located between Manor Street and Chester Avenue. At the Council Meeting of January 9, 1980, Councilman Barton's motion that the whole channel and flood plain in that area be considered, so that if the City is put into a position where the area should be purchased or a park relocated it does not buy just half, but the whole area and have control over it, was tabled to be considered at tonight's meeting. Upon a motion by Councilman Barton, authorization was granted staff to obtain an appraisal of Open Space Flood Plain Zoned Property located between Manor Street and Chester Avenue. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 7.80 to Title 7 of the Municipal Code of the City of Bakersfield relative to the Sale and Display of Narcotic and Drug Para- phernalia. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 7.80 to Title 7 of the Municipal Code of the City of Bakersfield relative to the Sale and Display of Narcotic and Drug Paraphernalia. 56 Bakersfield, California, January 16, 1980 - Page 8 First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on both sides of Coventry Drive, approximately 120 feet west of Agate Street. The application for this amendment was made by Moreland Engineering, Inc., and would change subject properties R-2-D (Limited Multiple Family Dwelling - Architectural Zone to an R-3 (Limited Multiple Family Dwelling) Zone. from an Design) The Kern County Council of Governments indicated that funds are available, in the amount Ayes: Councilmen Strong, Payne, Noes: None Absent: None 2-80 of Meeting roll call vote: by changing the Land Use Zoning of those certain properties City of Bakersfield located on both sides of Coventry Drive, mately 120 feet west of Agate Street. in the approxi- Adoption of Resolution No. 2-80 of the Council of the City of Bakers- field deleting a Council Meeting in the month of January, 1980. Upon a motion by Councilman Christensen, Resolution No. the Council of the City of Bakersfield deleting a Council in the month of January, 1980, was adopted by the following Barton, Christensen, Means, Miller, Ratty Approval of Proposal to be submitted to Kern COG for a $30,000 grant for the purpose of studying Energy needs and conservation issues; and staff authorized to negotiate the grant and subsequent contract for Council's approval at a later date. (Kern COG) has of $30,000, for studying energy related issues. City and Kern COG staffs have discussed the on-going efforts of Bakersfield in the areas of energy conservation, and as a result are submitting subject First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield Bakersfield, California, January 16, 1980 - Page 9 proposal. The proposed $30,000 grant will require $6,000 in matching funds by the City. The City's share will come from funds allocated by the State through the Joint Powers Agreement approved on November 28, 1979, for study of a Municipal Solar Utility and related issues. Therefore, funds from the General Fund will not be utilized for this effort. Upon a motion by Councilman Means, proposal to be sub- mitted to Kern COG for a $30,000 grant for the purpose of studying Energy needs and conservation issues, was approved; and staff was authorized to negotiate the grant and subsequent contract for the Council's approval at a later date. Authorization granted to declare property located in the Northwest Quarter of Section 14, T. 29 S., R. 28 E., one-fourth mile west of Columbus Street on the north side of Panorama Drive, as surplus; and Finance Operations Manager authorized to advertise for bids. Mr. T. W. Smith, 3908 Panorama Drive, has requested that an 11,550 square foot parcel adjacent to and easterly of Lot 19, Tract No. 3250 be declared surplus and advertised for sale. This property is part of the sanitary landfill, has been filled with waste disposal material and is unsuitable as a permanent building site. Mr. Smith desires to purchase the property and construct a tennis court with landscaping. Since this property has no further use for waste disposal, the Public Works Department recom- mends that it be declared surplus subject to the following: 1. Deed restriction to exclude permanent buildings. 2. Minimum price of $5,000. Upon a motion by Councilman Christensen, authorization was granted to declare property located in the Northwest quarter of Section 14, T. 29 S., R. 28 E., one-fourth mile west of Columbus Street on the north side of Panorama Drive, as surplus; and the Finance Operations Manager was authorized to advertise for bids. Bakersfield, California, January 16, 1980 - Page l0 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:35 P.M. Calif. ATTEST: CITY~ERK~icio Clerk of the Council of ~he City of ~akersfield, California ma Bakersfield, 59 California, January 29, 1980 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 P.M., January 29, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Absent: None NEW BUSINESS Adoption of Resolution No. 3-80 of the Council of the City of Bakers- field authorizing and directing the City Manager to execute and submit to the United States Department of Housing and Urban Development (HUD) a request for determination of eligibility of the City of Bakers- field, California, for Urban Development Action Grant (UDAG) Funds. The staff is of the opinion for UDAG consideration as a result of that the City is now eligible the City's immediate past performance in the area of housing. Approval of this resolution merely allows staff to transmit, to HUD, the necessary documents and information through which they ascertain the City's eligibility for such a grant. Further Council authorization will be necessary to apply for the actual grant. Processing time for such a grant is approximately six months. The 7.5 million dollar grant is intended to be used to pay for construction of parking facilities for the proposed Down- town Regional Shopping Center, which would essentially reduce the bond sale by the amount of the grant, thereby releasing increments for other downtown projects. Councilman Miller stated he finds it difficult and accept that the City has spent $4,000,000 on housing, qualifies for a $7,000,000 parking structure. to believe which 6O Bakersfield, California, January 29, 1980 - Page 2 Upon a motion by Councilman Christensen, Resolution No. 3-80 of the Council of the City of Bakersfield authorizing and directing the City Manager to execute and submit to the United States Department of Housing and Urban Development (HUD) a request for determination of eligibility of the City of Bakersfield, California, for Urban Development Action Grant (UDAG) Funds, was adopted by the following roll call vote Ayes: Councilmen Barton, Christensen Means, Payne, Ratty, Strong Noes: Councilman Miller Absent: None ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 6:10 P.M. MA f th~ itY~~Of Bakersfield, Calif. ATTEST: CITY ~L~ERK and E:~/Officio Clerk of the Council of the City of B~kersfield, California ma Bakersfield, California, January 30, 1980 61 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 30, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Reverend William Few. The City Clerk called the roll as follows: Present: Mayor Hart. Absent: None Councilmen Christensen, Means, Miller, Ratty, Strong, Barton Payne, Minutes of the regular meeting of January 16, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Horace Austell, Agent for Amtrak, 15th and "F" Streets, invited the Mayor and Council to ride their new train on its inaugural run Monday, February 4, 1980, from Bakersfield to Riverbank and return. Reverend William Few, Publisher and Editor of the Kern Herald and operator of the Coffee House at 1209 - 19th Street, requested that the Council adopt an Ordinance prohibiting the sale, display, distribution, creation and manufacture of pornographic materials. Reverend Few introduced the following persons who voiced their objections to pornography: Reverend Lee Anthony, President of the Bakersfield Minister's Conference and Pastor of St. Peter's Missionary Baptist Church. Reverend Edward Bell, President of the Greater Bakersfield Ministerial Association and Pastor of St. Paul's Methodist-Episcopal Church. Reverend Carroll Sanders, Moderator of the Kern County Southern Baptist Association, which includes 50 churches and missions throughout the County of Kern and represents a total membership of 14,000 people. Reverend Cal Sarver, President of the Southern Baptist Minister's Association of Kern County and Pastor of the Trinity Baptist Church. Dr. Clyde Skidmore, Pastor of the First Southern Baptist Church of Bakersfield. Bakersfield, California, January 30, 1980 - Page 2 Reverend Theron Freeberg, Olive Knolls Nazarine Church. Reverend Sid Peterson, Pastor of the Stine Road Baptist Church and First Vice-President of the Southern Baptist General Convention of California, which represents 1,000 churches and missions with about 300,000 members. Reverend James R. Tunnell, Pastor of the Niles Street Southern Baptist Church. Mr. William H. Davies, President of the Bakersfield, California, East Stake of the Church of Jesus Christ of Latter Day Saints. Mr. C. Erwin Waite, President of the Bakersfield, California, Stake of the Church of Jesus Christ of Latter Day Saints. Assistant City Attorney Oberholzer stated Reverend Few has asked for an Ordinance prohibiting the distribution, sale and display of pornographic material and at the same time proposed a definition of pornographic material. Unfortunately, the State of California has pre-empted the field. That means the City cannot legislate in that particular area. The State has prohibited the distribution, sale and display of obscene matter, but secondly they defined obscene matter. Under present State law the defi- nition of obscene matter is a little more restrictive than it probably is in many other parts of the United States. Obscene matter in California includes matter, when taken as a whole, that must be utterly without redeeming social importance. The U.S. Supreme Court has said it is not necessary to go that far to determine that the matter is obscene, but at the same time they ruled they cannot legislate in California. It is up to the legis- lators to change the law. There have been Appellate Court deci- sions since that time pointing out that until the legislature changes this de£inition of obscenity it will be incumbent upon prosecutors in the State to prove that the matter is utterly with- out redeeming social importance. With respect to closing down the adult bookstores, the California Supreme Court addressed that 63 Bakersfield, California, January 30, 1980 - Page 3 in 1976. They essentially said an adult bookstore cannot be closed based upon the contention that it contains some pornographic or obscene matter. It must be proven that a particular magazine and film is pornographic before that establishment can be closed, other- wise it would be prior constraint and a violation o£ the 1st and 14th Amendments. Mr. Oberholzer advised the City Council that there have been decisions that i£ a governing or legislative body passes an ordinance that is in violation of these amendments and after receiving legal counsel that it is, they would be personally liable in a civil rights action. There are some things that can be done. Mr. Beckett, Kern County District Attorney's Office, has made a study of pornography throughout the State o~ California and he suggested that the City and District Attorney's Office meet, with the endorsement of the City Council, and prepare legislation for the State to accomplish two things: 1. Change the de£inition o£ obscene matter by removing from that de£inition that it must be utterly without redeeming social value. 2. Rede£ine the contemporary standards to include contemporary community standards, those community standards being the standards within the area in which the particular establishment is operating. At the present time the State operates on State-wide standards and there is little doubt that the ones in Bakersfield are a lot different than San Francisco's. It is a matter of public record who owns the land upon which these establishments operate. The land of three out of four adult bookstores operating in Bakers£ield are owned by local resi- dents. Perhaps if local people made their feelings known to these local residents they might reconsider renewing a lease to the organi- zations running these establishments. Upon a motion by Councilman Barton, the staff was directed to work with the District Attorney's Office in the preparation of draft legislation regarding the matters brought up tonight and Bakersfield, California, January 30, 1980 - Page 4 present it to the Council within 30 call vote: Ayes: days, by the following roll Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None During a lengthy discussion, Assistant City Attorney Oberholzer suggested that the Attorney's Office draft a resolution to send to other cities, League of California Cities and State Legislature to start the ball rolling regarding the elimination of pornography. Mayor Hart declared a brief recess at 9:15 P.M. and the meeting reconvened at 9:25 P.M. CORRESPONDENCE Upon a motion by Councilman Payne, communication from the Central California Criminal Justice and Delinquency Prevention Planning District, Tulare, California, dated January 21, 1980, regarding request for Local Government declaration to participate with Region N in the Law Enforcement Assistance Program, was received, ordered placed on file and the Mayor was authorized to respond. Upon a motion by Councilman Christensen, communications from William C. Kuhs, Attorney at Law, 1213 - 17th Street, dated January 29 and 30, 1980, regarding Parcel Map 5111 Improvement Agreement, were received and ordered placed on file. COUNCIL STATEMENTS Upon a motion by Councilman Ratty, George H. Barnett, St. was reappointed as a member of the Kern Mosquito Abatement District Board of Trustees, term expiring December 31, 1981. Upon a motion by Councilman Miller, Francis A. Moore, Jr., C.P.A., was reappointed as a member of the Business Tax Appeals Board, term expiring July 1, 1982. 65 Bakersfield, California, January 30, 1980 - Page 5 Ayes: Noes: Absent: Upon a motion by Councilman Miller, communication he received from Harold L. Gustafson, dated January 26, 1980, regarding energy conservation in outdoor lighting, was received, ordered placed on file and referred to the Energy Committee. Councilman Miller asked the City Manager if a response has been received from Improvement District No. 4 regarding the contamination of the Oildale Mutual Water District. City Manager Bergen stated a formal response has not been received, but he has been in touch, by telephone, with California Water Service Company. Councilman Barton made a motion to reappoint City Attorney Kenneth W. Hoagland, as a member, and Assistant City Attorney Richard Oberholzer, as the City Attorney's alternate, to the Board of Zoning Adjustment, terms expiring December 1, 1982. Councilman Means asked Councilman Christensen about appointing persons other than staff members to the Board of Zoning Adjustment. Councilman Christensen stated he suggested that as a recommendation, because he felt it is unfair for the Attorney to serve as an advisor to the Council, Board of Zoning Adjustment and Planning Commission. Councilman Barton's motion to reappoint City Attorney Kenneth W. Hoagland, as a member, and Assistant City Attorney Richard Oberholzer, as the City Attorney's alternate, to the Board of Zoning Adjustment, terms expiring December 1, 1982, carried by the following roll call vote: Councilmen Miller, Payne, Ratty, Strong, Barton Councilmen Christensen, Means None REPORTS Councilman Christensen, Chairman Recreation Committee, read Report No. 1-80 of the Auditorium- regarding Concession 66 Bakersfield, Cali£ornia, January 30, 1980 - Page 6 Prices at Civic Auditorium, as follows: This Committee has met with Mr. A. C. Speth, concessionaire at the Civic Auditorium, to discuss an increase in prices at the concession stands (see Attachments #1 and #2). Mr. Speth indicated it has been 2½ years since prices have been increased except for candy prices which were increased in January 1978. Mr. Graviss, Auditorium-Recreation Manager, has conducted a survey (see Attachment #3) of a number of other facilities in California to determine the reasonableness of the conces- sionaire's requests in relation to what others are charging. Based on the discussions with Mr. Speth and the survey, the Committee feels the prices requested are reasonable and recommends approval effective February 1, 1980 of the prices as recommended by the Citizens Auditorium-Recreation Committee. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 1-80 regarding Concession Prices at Civic Auditorium, was accepted; and recommended increase for concession prices, effective February 1, 1980, was approved. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 1-80 regarding Disability Retirement Appeals Board, as follows: In June 1974, the City Council by state mandate £ormed a Disability Retirement Appeals Board to act as a hearing board regarding Police and Fire disability retirements. This board has been comprised of five of the six Fire and Police Civil Service Board members. During the past six years these hearings have been held during regular working hours in order to accommodate the employee and their attorneys who generally are from the Los Angeles area. This has proven to be a burden to the board members in that they have businesses to run and other responsibilities as Civil Service Board members. The staff has found it difficult to get five of the six members together for any length of time to sit as a hearing board. Past experience has shown that hearings have been delayed for several months because of these problems. The City Attorney's Office with the concurrence o~ both Civil Service Boards has recommended that the number of persons required for the Disability Retirement Appeals Board be reduced 67 Bakersfield, California, January 30, 1980 - Page 7 from five to three. (The specificsare spelled out in detail in an attached memorandum.) The Governmental Efficiency and Personnel Com- mittee has discussed this change on several occasions and are recommending Council approval of the attached amendments to the resolution which established the Retirement Appeals Board. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 1-80 regarding Disability Retire- ment Appeals Board, was accepted. Adoption of Resolution No. 4-80 of the Council of the City of Bakers- field amending Resolution No. 6-74 establishing the Retirement Appeals Board of Bakersfield. Upon a motion by Councilman Strong, Resolution No. 4-80 of the Council of the City of Bakersfield amending Resolution No. 6-74 establishing the Retirement Appeals Board of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Councilman Payne, member of the Governmental Efficiency and Personnel Committee, read Report No. 2-80 regarding Retired Employees Request for Cost of Living Increase, as follows: Last month the Council referred a letter from the City's retired employees to the Governmental Efficiency and Personnel Committee regarding a cost of living raise. (Attached to this report is a copy of this letter.) In order for the staff and this committee to make an evaluation of their request, it will be necessary for the Public Employees Retirement System (PERS) to make an actuarial study. We have been informed that this study will cost the City approxi- mately $1,150.00. The Governmental Efficiency and Personnel Committee is therefore recommending Council approval for this actuarial study and the necessary monies from the Council's Contin- gency Fund. 68 Bakers£ield, California, January 30, 1980 - Page 8 Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 2-80 regarding Retired Employees Request for Cost of Living Increase, was accepted; actuarial study, was approved; and expenditure of necessary monies from the Council's Contingency Fund for the actuarial study, was approved. Upon a motion by Councilman Ratty, Annual Report for 1979 of the Miscellaneous, Fire and Police Civil Service Boards, was received and ordered placed on file. Community Development and Housing Coordinator Gilchrist reported one of the main programs in the Community Development Block Grant is the low interest home improvement loans at 4% offered through Security Pacific Bank. The program has proved effective, however, it does not have all the flexibility that could be put forth in the program. As aresult, a request for proposals has been issued to a number of local lending institutions and some State institutions asking for other types of loan packages and programs to be offered. Eight responses have been received, which have been reviewed by staff and it was found the program offered by Crocker Bank would fit with the needs identified for the program. It is being requested that the Council re£er the proposed agreement with Crocker Bank to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Means, proposed agreement with Crocker Bank for Community Development Loan Program, was referred to the Budget Review and Finance Committee for study and recommendation. Community Development and Housing Coordinator Gilchrist reported that one o£ the things that has been found in the relocation activities is that a number o£ structures are not economically £easible £or rehabilitation, yet the cost of building a new replace- ment structure is beyond the means o£ people living there. Based on the Los Angeles County Community Development Program, it has 69 Bakersfield, California, January 30, 1980 - Page 9 been found that in some instances it is possible to demolish the existing structure and move-on another structure and rehabilitate it. That cost is within the range of many people. Here in Bakersfield, with the concurrence of HUD, the staff came up with a demonstration project on Northrup Street to show it can be done. However, in the course of moving the house and repairing it to meet modern codes certain unanticipated charges were incurred in the amount of approximately $2,000. It is being recommended that a one time payment be made on this demonstration project on Northrup Street out of the Community Development Block Grant funds. It has been found from this one demonstration project that others can be done and it is a viable means of providing safe and sanitary housing for people who otherwise cannot afford to attain such. It is being requested that the Move-on Housing Demonstration Project on Northrup Street be referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Strong, the Move-on Housing Demonstration Project on Northrup Street was referred to the Budget Review and Finance Committee for study and recommendation. Director of Fire & Development Services Needham reported that the Zoning Ordinance review and public costs of future resi- dential and commercial development were budgeted in the current fiscal year in the amount of $15,000. These matters should be referred to an appropriate Council committee along with the aspect of public costs for services in relation to the revenues that come from certain developments. Upon a motion by Councilman Means, the Zoning Ordinance review, public costs of £uture residential and commercial develop- ment and aspect o£ public costs for services in relation to the revenues that come from certain developments, were referred to the Budget Review and Finance Committee. 7O Bakersfield, California, January 30, 1980 - Page 10 CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3656 to 3934 and 3936 to 3975, inclusive, in the amount of $982,934.28. (b) Claim for Damages from Bruce McNichols, 2912 Singing Hills Drive, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Mozella Harper, 619 Watts Drive, Bakersfield. (Refer to City Attorney) (d) Street Dedication from First Church of Religious Science of Bakersfield and Calvary Bible Church of Bakersfield providing for Denise Avenue, located east of Manor Street, north of Panorama Drive. (e) Street Dedication from Developers Manage- ment Services, Inc., providing for addi- tional dedication of Akers Road, south of Pacheco Road, as required by the Planning Commission for Parcel Map No. 4321. (f) Street Dedication from Elmer F. Karpe, Inc., providing for dedication of portions of Akers Road and Panama Lane, as required by the Planning Commission for Parcel Map No. 5698, located at northeast corner of Panama Lane and Akers Road. (g) Map of Tract No. 4140 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located east of North Half Moon Drive and north of Olympia Drive. (h) Map of Tract No. 4142 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located northwest of North Half Moon Drive and west of Ashe Road. (i) Map of Tract No. 4143 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located west of North Half Moon Drive and east of South Laurelglen Boulevard. (J) Map of Tract No. 4182 and Improvement Agreement with Challenge Builders, Inc., for construction of improvements therein, located south of Fairview Road, west of Hughes Lane. Bakersfield, California, January 30, 1980 -. ~age 11 71 (k) (i) (m) (n) (o) (p) (q) (r) (s) (t) Map of Tract No. 4229 with San Joaquin Investments, located at northeast corner of Tierra Verde Street and Isla Verde Street. Improvement Agreement for Parcel Map No. 5615 with A & M Company for construction of improvements required by the Planning Commission, located on the south side of Columbus Street, east of Pasadena Street. Improvement Agreement for Parcel Map No. 5775 with Ming Center Investment Company for construction of improvements required by the Planning Commission, located at the northeast corner of Ming Avenue and Lymric Way. Application for Encroachment Permit from Richard H. Morales, 3001 - 19th Street, for construction of a 3 foot high concrete fence at back of sidewalk area along southwest corner of 19th and Elm Streets. Application for Encroachment Permit from University Baptist Church, 2515 Church Avenue, for construction of parking bumpers and tree wells at back of side- walk at southwest corner of Church Avenue and Bishop Drive. Plans and Specifications for construction of Asphalt Concrete Pavement on Monitor Street, north of Calcutta Drive. Plans and Specifications for construction of Asphalt Concrete Pavement on Half Moon Drive. Request from Melvin G. Davis, Realtor, for annexation of property located at the southeast corner of Wible Road and Hosking Road. (Refer to Planning Com- mission for study and recommendation) Request from Elmer F. Karpe, Inc., Real Estate, for annexation of property located at the southwest corner of Wible Road and Hosking Road. (Refer to Planning Commission for study and recommendation) Request from Moreland Engineering, Inc., for annexation of property located on the northwest corner of Stockdale Highway and Allen Road. (Refer to Planning Commission for study and recommendation.) 72 Bakersfield, California, January 30, 1980 - Page 12 (u) (v) (w) (aa) (x) (y) (z) Request from Butler, Chambers & Hughes, Civil Engineering, Surveying & Land Planning, for amendment to the General Plan for commercial use of property located on 24th Street, between "C" Street and Drake Street. (Refer to Planning Commission for study and recommendation) Request from Wildwest Shopping Center for amendment to the General Plan from low density residential to commercial for property located west of South Real Road and south of Stockdale Highway. (Refer to Planning Commission for study and recommendation. Request from Gerald S. Hirsch, Attorney at Law, on behalf of The Bakersfield Play Center and Louis Brandt for abandon- ment of Virginia Street north of Kentucky Street to the canal. (Refer to Planning Commission for study and recommendation) Revision of City of Bakersfield Standard Drawing No. S-28, Alley Cross Sections. Request from Wattenbarger-Stahl Develop- ment Company £or extension of time to complete Tract No. 3859 B - Contract No. 78-108. Public Works Department recom- mends a six month extension of time. The revised completion date will be March 6, 1980. Contract Change Order No. 1 to Contract No. 79-147 with Tumblin Company for South Wing Addition to Bakersfield City Hall. This Change Order is necessary to provide temporary overhead electrical service £or City Hall and to reinstall those portions of the existing underground service which may be destroyed during excavation and foundation construction at the new addition. The estimated cost of this Change Order is $10,970. In the event the actual cost of the work is less than the estimate, the City will pay the lesser amount. Request from Timothy J. Lewy for 60 day extension of time for completion of improvements for Parcel Map No. 5111, Agreement No. 79-137, located on Bernard Street, east of Oswell Street. Public Works Department recommends a 30 day extension of time. The revised completion date will be March 5, 1980. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z) and (aa) of the Bakersfield, California, January 30, 1980 - Page 13 73 Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Miller, bid of Kern Turf Supply for Annual Contract No. 12180 - P.V.C. Pipe and Sprinklers, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, all bids for One Ton Cab and Chassis and Half Ton Pickup Trucks were rejected and the Finance Operations Manager was authorized to readvertise for bids. Upon a motion by Councilman Payne, low bid of Jim Alfter for construction of Curbs and Gutters at various locations was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of General Seating Company for Aluminum Planks and Accessories for Parks Department was accepted and the other bid rejected. Upon a motion by Councilman Payne, low bid of Jack Burtch Company for furnishing and applying Slurry Seal on Parking Lots and Service Drives in various City Parks was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Wallace and Smith, Contractors, for Water Department Office Addition and Corporation Yard Storage Building, was accepted, the other bid rejected, the Mayor was authorized to execute the contract and authorization granted to utilize $100,000 of Agricultural Water Capital Improvement funds £or completion of the building. Upon a motion by Councilman Christensen, low bid of Micon for construction of 18" Diameter Drain Line Pipe for Pumping Plant Bakersfield, California, January 30, 1980 - Page 14 No. 9 of the Ashe Water Division, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, bid of Kustom Elec- tronics £or Traffic Radar Units was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid o£ United Equipment for Trailer Mounted Bituminous Distributor was accepted and the other bid rejected. Upon a motion by Councilman Miller, low bids of Odorire Janitor Supply (50 items) and San Joaquin Supply (30 items) for Annual Contract - Janitorial Supplies, were accepted, all other bids rejected and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Payne, usual bidding require- ments were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Operations Manager was author- ized to negotiate a price for Portable Radios with Motorola Com- munications. DEFERRED BUSINESS Adoption of Resolution No. 5-80 of the Council of the City of Bakers- field relative to California Crime Watch. At the Council Meeting of January 9, 1980, Mayor Hart stated a resolution would be prepared augmenting the in£ormation of the State Attorney General's "California Crime Watch Program" and the City of Bakersfield's Neighborhood Watch Program. Upon a motion by Councilman Payne, Resolution No. 5-80 of the Council o£ the City of Bakersfield relative to California Crime Watch, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Bakersfield, California, January 30, 1980 - Page 15 75 Ayes: Noes: None Absent: None Adoption of Ordinance No. 2545 New Series of the Council of the City of Bakersfield adding Chapter 7.80 to Title 7 of the Municipal Code of the City of Bakersfield relative to the Display of Narcotic and Drug Para- phernalia. Councilman Miller requested that a copy of this ordinance be sent to the Kern County Board of Supervisors so they will be aware of what the City is doing. Upon a motion by Councilman Barton, Ordinance No. 2545 New Series of the Council of the City of Bakersfield adding Chapter 7.80 to Title 7 of the Municipal Code of the City of Bakersfield relative to the Display of Narcotic and Drug Paraphernalia, was adopted by the following roll call vote: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Adoption of Ordinance No. 2546 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning o£ those certain properties in the City of Bakersfield located on both sides of Coventry Drive, approximately 120 feet west of Agate Street. The application for this amendment was made by Moreland Engineering, Inc., and would change subject properties from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-3 (Limited Multiple Family Dwelling) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2546 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on both sides of Coventry Drive, approximately 120 feet west of Agate Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: 76 Bakersfield, California, January 30, 1980 - Page 16 Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None NEW BUSINESS Adoption of Resolution No. 6-80 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final and Supplemental Environmental Impact Report, making findings and certifying that said Final and Supplemental 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 Amendmand and subsequent Zone Change for those properties located generally south of State Route 178; easterly of Mount Vernon Avenue; northerly of Bernard Street; and westerly of Oswell Street. The Planning Commission reviewed the final and supplemental EIR on the proposed General Plan Amendment and Zone Change and recom- mended by Resolution No. 72-79 to the City Council that the Final and Supplemental be certified as complete in compliance with the California Environmental Quality Act, the State EIR Guidelines and City of Bakersfield Resolution No. 39-78. Upon a motion by Councilman Miller, Resolution No. 6-80 of the Council o£ the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final and Supplemental Environmental Impact Report, making findings and certi- ~ying that said Final and Supplemental 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 subsequent Zone Change £or those properties located generally south of State Route 178; easterly of Mount Vernon Avenue; northerly of Bernard Street; and westerly of Oswell Street, was adopted by the following roll call vote: Bakersfield, California, January 30, 1980 - Page 17 77 Ayes Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes None Absent: None 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 the following general areas: Segment 1: Leo J. Wilson has applied to change the land use designation on approxi- mately 0.3 acre located at the northeast corner of "N" and 8th Streets from medium density resi- dential to office. Segment 2: Thomas A. Kelly has applied to change the land use designation on approxi- mately 2.4 acres located adjacent to the existing shopping center at the southeast corner of New Stine and Wilson Roads from low density resi- dential to commercial. It is further proposed by the Planning Department that the land use designation for existing commercial uses immediately east of this project (approximately 1.55 acres) fronting Wilson Road to Edmonton Street be changed from low density residential to commercial and property located at the north- east intersection of Wilson and Stine Roads (approximately 0.5 acre) be changed from low density resi- dential to office. Segment 6: DeLuxe Home Builders (J. C. Collier) has applied to change the land use designation for approximately 0.3 acre located on the west side of Olive Street, 145 feet south of Chester Lane from medium density residential to commercial. Segment 7: Central Southern Baptist Church (Reverend James Lanier) has applied to change the land use designation for approximately 4.7 acres located on both sides of South "H" Street, between Highway 58 and Terrace Way from low density residential to office. Bakersfield, California, January 30, 1980 - Page 18 Segment 8: William Hill has applied to change the land use designation for approxi- mately 3.3 acres of vacant land located on the southwest corner of South Union Avenue (State Highway 204 or Business 99) and Pacheco Road from medium density residential to commercial. Segment 9: East Bakersfield Associates (Brock, Paola and Banducci) have applied to change the land use designation on approximately 72.5 acres of vacant land located south of State Highway 178 and north of Bernard Street, westerly of Oswell Street and easterly of Mt. Vernon Avenue, from medium density residential to com- mercial. This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission approved the Negative Declara- tions for Segments 1, 2, 7 and 8, and recommended approval of Segments 1, 2, 7, 8 and 9, provided certain conditions are met on Segments 2, 8 and 9, as delineated in Planning Commission Resolution No. 74-79. The Planning Commission, after a public hearing held December 19, 1979, approved the Negative Declaration, but recom- mended denial of Segment 6. Mayor Hart declared the hearing open for public partici- pation. Mr. Leo J. Wilson, owner of property known as Segment 1, requested that the Council approve his request for a General Plan Amendment. Mr. Thomas A. Kelly, representing owner of property known as Segment 2, stated they feel the use being requested for that area is reasonable. Mr. J. D. Collier, owner of property known as Segment 6, requested that the Council overturn the recommendation of the Plan- ning Commission and approve his request for a General Plan Amendment so he can build an office. Bakersfield, California, 79 January 30, 1980 - Page 19 Planning Director Sceales stated this request would introduce commercially zoned property on Olive Street, which is presently zoned R-3 and developed with residential units. The Planning Commission recommended it be denied on the basis that they felt it would be bad zoning practices. Mr. William Hill, owner of property known as Segment 8, requested that the Council approve his request for a General Plan Amendment. Mr. Jack O'Donnell, 7508 Del Canto Court, spoke in favor of Segment 9 and in opposition to the conditions placed on this property that must be met before final tract map approval and public .financing for the downtown regional shopping center. Mr. John Brock, representing East Bakersfield Associates Segment 9, stated he was present to answer questions of the Council and stated he is satisfied with the recommendations of the Planning Commission, with the 1985 date. No protests or objections being received, and no one else wishing to speak in favor, Mayor Hart closed the public portion of the hearing for Council deliberation and action. After a lengthy discussion, upon a motion by Councilman Means, Resolution No. 7-80 of the Council of the City of Bakersfield making findings, adopting Negative Declarations on Segments I, II, VI, VII and VIII, approving Segments I, II, VII, VIII and IX of proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and withdrawing Segment VI to be considered at the next General Plan Amendment hearing, was adopted by the following roll call vote Ayes: Councilmen Christensen Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Councilman Miller made a motion that the portion of this hearing pertaining to Segment 9 - East Bakersfield Associates, be Bakersfield, California, January 30, 1980 - Page 20 spread across the minutes. City Manager Bergen stated it might be some time before a word for word transcript could be finished. The Clerk's Office can do the minutes and prepare a transcript later. Councilman Miller stated that was okay. Councilman Miller's motion was unanimously approved. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at ll:10 P.M. MAY N~f the ~i~y of Bakersfield, Calif. ATTEST: CIT icio Clerk of the Council of the City of Bakersfield, California ma/mp Bakersfield, California, February 6, 1980 81 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers o£ City Hall at 8:00 P.M., February 6, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Means, Miller, Payne, Ratty, Absent: None Minutes of Strong, Barton, Christensen the special meeting of January 29, 1980 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Miller, communication from the Junior League of Bakersfield, Inc., dated January 31, ~980, regarding their members volunteering for appointive positions on County and City boards and commissions, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Ratty requested that the City Attorney inves- tigate the possibility of the Council adopting an ordinance that would force pornographic businesses, when they change locations, into some sort of separation so they are not grouped together. City Attorney Hoagland stated that type of ordinance might be possible, but in all likelihood it must be realized that those adult bookstores and theaters in existence would be grand- lathered in until such time as they changed ownership. At that time if the City had an existing ordinance, which had separation distances, etc., they would be affected by it. City Attorney Hoagland stated he would look into it further and report back to the Council. Councilman Payne stated he would like to inform the Council that in the next week or so he would nominate a person to serve on the Planning Commission. 8'2 Bakersfield, California, February 6, 1980 - Page 2 City Attorney Hoagland stated if there is a resignation on the Planning Commission that it must be posted at least 10 days prior to making a nomination for a new member. Upon a motion by Councilman Barton, the staff was directed to furnish the Council with a list of the names of owners who are listed on Business Licenses for adult bookstores and theaters. Mayor Hart announced that he reappointed ~r. Frank S. Lewis, 1706 Chester Avenue, and Mr. Ralph Poehner, Jr., 2609 Harmony Drive, to the Bakersfield Redevelopment Agency, terms expiring February 1, 1984. REPORTS Director of Public Works Hawley reported that he has been working with the Business Development and Parking Committee regarding a complaint the Council received from Mr. Remerowski, 1114 Oleander Avenue, concerning litter in the vicinity of Oleander Avenue and California Avenue. Presently the Public Works Depart- ment is sweeping California Avenue four times per week and Oleander Avenue once per month. When the new sweepers are available they will be able to sweep Oleander Avenue once every two weeks. The bus bench has been relocated from this corner and Public Works has also installed a litter container which is being serviced once per week. In addition, this litter problem around the school has been brought to the attention of the Student Council at Bakersfield High School and it was suggested that cleanup in this area might be a good student project. Development Services Coordinator Tooker reported that in response to a direction given to the staff, by the Council, at the meeting of November 7, 1979, a resolution has been prepared in support of the 1980 Census. Councilman Miller made a motion, at that meeting, that the Mayor and each Councilman appoint one person to serve on the Complete Count Committee to help publicize and encourage the Census effort. If the Council so wishes the 83 Bakersfield, California, February 6, 1980 - Page 3 staff could have prepared by the Council Meeting of February 1980, a list of persons, area-wide~ that would be willing to assist the community in this effort. 13, Adoption of Resolution No. 8-80 of the Council of the City of Bakers- field declaring support for the 1980 U.S. Census effort including the selection of a Complete Count Committee. Upon a motion by Councilman Miller, Resolution No. 8-80 of the Council of the City of Bakersfield declaring support for the 1980 U. S. Census effort including the selection of a Complete Count Committee, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None Councilman Ratty requested that the list mentioned by Mr. Tooker be furnished to the Council. Councilman Barton, Chairman o£ the Business Development and Parking Committee, read Report No. 1-80 regarding Consent for Cox Broadcasting (Bakersfield Cable T.V.) Merger with General Electric, as follows: On January 30, 1980, the Business Development & Parking Committee met relative to the con- sent to be given to the merger of Cox Broad- casting with General Electric Company. Consent of the City is necessary pursuant to the franchise ordinance. It is the recommendation of this Committee to deny the consent at this time, and to negotiate with Bakersfield Cable T.V. Company for certain changes in the ordinance, with the purpose of bringing the Bakersfield Cable Company ordinance in line with the franchise recently awarded Warner Cable Company. It is further recommended that the matter be re-referred to the Business Development and Parking Committee for such negotiations. Motion to deny consent for the merger at this time and re-refer to the Business Development & Parking Committee to renegotiate the present franchise. Bakersfield, California, February 6, 1980 - Page 4 Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 1-80 regarding Consent for Cox Broadcasting (Bakersfield Cable T.V.) Merger with General Electric, was accepted; consent for merger at this time, was denied; and the matter was referred to the Business Development and Parking Committee to renegotiate the present franchise. Development Services Coordinator Tooker reported the Business Development and Parking Committee met this afternoon to discuss the review and update of the City's Zoning Ordinance. Staff has assembled a plan to include various segments of the using community with this review and update. It is being requested that the Mayor be authorized to send letters to various concerned groups proposing the formation Advisory Committee composed of men, 3 Planning Commissioners, of a Zoning Ordinance Review and 15 to 17 persons; mainly 3 Council- various land developers, builders, realtors, title companies, engineers, architects, financial institutions, public utilities, environmentalists and general public. Upon a motion by Councilman Means, the Mayor was authorized to send letters to various concerned groups regarding the formation of a Zoning Ordinance Review and Advisory Committee to be composed of 15 to 17 persons. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3976 to 4115, inclusive, in the amount of $474,585.20. (b) Map of Tract No. 4256 with W. Watson Company, located west of Real Road, south of Verde Street. (c) Plans and Specifications for construction of a 21-inch Sewer in District Boulevard at Ashe Road. (d) Plans and Specifications for construction of University Park Security Lighting. Bakersfield, California, February 6, 85 1980 - Page 5 (e) Application for Encroachment Permit £rom Steve Higuera, 4509 Glengary Place, for construction of a 4 foot high brick and wrought iron fence along back of sidewalk at 4509 Glengary Place. (f) Street Dedication and Water Line Easement from Tenneco Realty Development Corporation providing dedication of Lennox Avenue, Business Park South, additional dedication of California Avenue, and Water Line Ease- ment as required for Parcel Map No. 5531. (g) Request from Joseph A. Leon, Agent for Delfino Brothers, for amendment to the General Plan from low density housing to commercial use for property located on northeast corner of White Lane and Stine Road, consisting of 5.4 acres of land. (Refer to Planning Commission for study and recommendation) (h) Request from W. D. Hollingsworth, Presi- dent, Safe-Guard Land Co., Inc., P.O. Box 134, Bakersfield, for annexation of approximately 60 acres of land located between Kern Canyon Road on the north, Carmel Street on the east, Rosewood Avenue on the south, and Morning Drive on the west. (Refer to Planning Commission for study and recommendation) (i) Resolution No. 9-80 of the Council of the City of Bakers£ield initiating proceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 706, Annexation No. 279 (College No. 3), in accordance with LAFCO Resolution making determination. This resolution sets the date of hearing for Wednesday, March 12, 1980. 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 Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Miller, low bid of Griffith Company for construction of Asphalt Concrete Pavement on University Avenue between Camden Street and La Costa Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, February 6, 1980 - Page 6 NEW BUSINESS Adoption of Resolution No. 10-80 of the Council of the City of Bakers- field deleting a Council Meeting in the month of February, 1980. Upon a motion by Councilman Christensen, Resolution No. 10-80 of the Council of the City of Bakersfield deleting a Council Ayes: Noes: None Absent: None Meeting in the month of February, following roll call vote: Councilmen Means, Miller, Christensen 1980, was adopted by the Payne, Ratty, Strong, Barton, Adoption of Emergency Ordinance No. 2547 New Series of the Council of the City of Bakersfield amending Section 7.18.010 (d) of the Munici- pal Code relative to Secondhand Dealers. The recent increases in the value of precious metals have resulted in the selling of personal property containing these metals. In order to provide the same control as exists with secondhand dealers and pawn shops to prevent the reselling of stolen property, it is necessary to redefine secondhand dealers so that those whose business includes the buying and selling of items containing the precious metals will be required to report such purchases. Upon a motion by Councilman Means, Emergency Ordinance No. 2547 New Series of the Council of the City of Bakersfield amending Section 7.18.010 (d) of the Municipal Code relative to Secondhand Dealers, was adopted by the following roll call vote: Ayes Noes Absent: Councilmen Means, Miller, Payne, Christensen None None Ratty, Strong, Barton, Bakersfield, California, February 6, 1980 - Page 7 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:30 P.M. MAYOR of~he City of Bakersfield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California STANT CITY CLERK ma Council 88 Bakersfield, California, February 13, 1980 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 13, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Reverend William Few. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Miller, Payne, Ratty, Barton, Christensen, Means Absent: Councilman Strong Minutes of the regular meetings of January 30, 1980 and February 6, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Councilman Payne made the following statement: After meeting with the mobilehome owners at Stockdale Villa, last Thursday evening, it is apparent that a problem exists. Members of this Council, along with our legal staff, have worked diligently all week trying to develop some program that would address the problems without violating the rights of either the mobilehome owners or the park owners. At first thought it appeared to be proper to request Council approval of a resolution supporting voluntary mediation between both parties. Although the proposed resolution would only have recommended communication among all parties, was not supported by ordinance, and was on a voluntary basis only, it now appears adoption at this point in time would not be in anyone's best interests. There is also a court decision which must be con- sidered before an ordinance could accompany any resolution. A Fair Rent Control Initiative has been placed on the June, 1980 ballot, and any direct action taken by us tonight could be construed as en- dorsement of, or opposition to, this initiative. I firmly believe that the only system that will work is for government at all levels to limit or reduce regulations of private enterprise to an absolute minimum, and to allow the law of supply and demand to take its natural course. Because of recent publicity in the Californian I think it is necessary to state that I have never, nor will I ever, support rent control. Further, I recently passed several petitions to qualify the "Fair Rent"Initiative for the June ballot, so the people of this State can 89 Bakersfield, California, February 13, 1980 - Page 2 decide the issue for themselves. If a majority of California voters want this new legislation, its passage in June will establish constitutional standards to which any local rent control or stablization ordinance must conform. Each mobilehome owner will have their chance to vote in June and the place to express their concern is at the polls. That is the American way! Rent control is counter productive to the goal of providing better housing at competitive prices for all, and for any resolution to be effective, it would have to be supported by an ordinance that would clearly be the first step toward rent control. I feel this body has found a viable solution that has sufficient support to pass this evening, and that addresses everyone's interest in a fair and equitable manner. I, therefore, will later make the motion that an Ad-Hoc Advisory Committee, comprised of City residents, be formed to promote the virtues of Bakersfield as a location to develop additional mobilehome parks, and to study the facts and make a determination as to what, if any, other alternatives exist short of government inter- vention in the free enterprise system. It is my intent and belief that this approach will encourage rather than discourage further development of mobilehome parks and serve as the most effective and immediate solution to the problem that now confronts us. Your honor, I will defer the motion until people here tonight have had the opportunity to address my statement and the Council regarding this matter. Mr. Marshall Jacobson, Attorney and Vice-President of the Kern County Apartment Association, spoke in support of Council- man Payne's statement and in opposition to rent control. Mr. John Willingham, Realtor's Associate and President of the Kern County Apartment Owners Association, stated they do not feel it is governments place to settle landlord-tenant relation- ships and also spoke in favor of Councilman Payne's suggestion that an Ad-Hoc Committee be established. Mr. Bill Hart, District Manager of the Kern-Sierra District of Associated General Contractors of California, requested that the 9O Bakersfield, California, February 13, 1980 - Page 3 Council urge Assemblyman Donald Rogers to support the adoption of ACA-56 which will, in effect, remove from Charter Cities the right to perform construction outside of the contract laws of the State of California as it relates to General Law Cities. It would put Charter Cities under General Law rule. Mr. Hart also questioned the City's performance on street maintenance projects and requested that the Council award maintenance agreements to private industry. City Manager Bergen stated the staff is not quarreling with the principle of contract work. The issue here is the pre- emption of the City's rights. The support of the State pre-empting home-rule rights, the right of this Council to determine the needs and/or will of this community, is not in the best interest of the City. City Manager Bergen also stated he would strongly urge that the Council not support the State pre-emption of this City's right, as a Charter City. The Council has the right to get involved with how much work is done by force account versus how much is done by contract. Upon a motion by Councilman Barton, the matter of force account work by City staff and ACA-56, was referred to the Business Development and Parking Committee for study and recommendation back to the Council. Mr. Bill Hart was requested to attend the Committee meeting and he stated he would. Mr. Jim Hayden, representing residents of Stockdale Villa Mobilehome Park, 3535 Stine Road, objected to the out-of-town owners of this mobilehome park raising their rents $50.00 in a one year period and requested that the Council give them protection by appointing a Mediation Board to justify increases in rents. Ruth Gluyas, resident of Stockdale Villa, spoke in opposition to owners of mobilehome parks constantly raising the rents and requested the Council's help. Mr. Charles Royce. General Partner of Stockdale Villa, stated he supports Councilman Payne regarding the formation of an Bakersfield, California, February 13, 1980 - Page 4 Ad-Hoc Committee because there is a lack of communication between the owners and residents. Mr. Royce also stated he is willing to make any and all reasonable efforts to resolve this communication problem. Mr. James L. Wattenbarger, representing Mobiletown Development Company, stated one of the main concerns mobilehome owners have is when are the rents for spacesgoing to stop going up and the Council should talk to people in the mobilehome industry prior to making any decision pertaining to this business. Mr. Larry McCune, President of the Bakersfield Board of Realtors, spoke in opposition to rent control and government inter- ference and in favor of the Ad-Hoc Committee proposed by Councilman Payne. Mr. Rosalio Banales, Campaign for Economic Democracy, requested that the Council take some kind of action to help give the people in Stockdale Villa rent relief. Mr. Peter Pragliotto, resident of Stockdale Villa, stated this same thing happened last year after a board was appointed and somehow these rent raises have to have a stopping point. Councilman Payne made a motion that an Ad-Hoc Committee, comprised of City residents who have no financial interest in mobile- homes or mobilehome parks, be formed (each Councilman to appoint 2 members and the Mayor appoint 1 member to serve as Chairman) to act as a fact-finding committee to the lines of communication between owner at Stockdale Villa. monitor the progress and open the mobilehome owners and park Councilman Means offered a substitute motion that the Ad-Hoc Committee report back to the Council within two weeks and if a solution is not arrived at within that time that the Council consider stronger action, such as a Mediation Board with binding arbitration. This substitute motion failed to carry by the Bakersfield, California, February 13, 1980 - Page 5 following roll call vote: Ayes: Councilman Means Noes: Councilmen Miller, Payne, Ratty, Barton, Christensen Absent: Councilman Strong Councilman Payne's motion that an Ad-Hoc Committee, comprised of City residents who have no financial interest in mobilehomes or mobilehome parks, be formed (each Councilman appoint 2 members and the Mayor appoint 1 member to serve as Chairman) to act as a fact-finding committee to monitor the progress and open the lines of communication between the mobilehome owners and park owners at Stockdale Villa, carried by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Barton, Christensen, Means Noes: None Absent: Councilman Strong Mayor Hart declared a brief recess at 9:30 P.M. and the Council Meeting reconvened at 9:35 P.M. CORRESPONDENCE Upon a motion by Councilman Christensen, communications from the Bakersfield S.P.C.A., dated February 5 & 8, 1980, regarding Contract No. 78-145 between the City of Bakersfield and the Bakers- field S.P.C.A., was received and upon the advice of the City Attorney the requested amendment to Contract No. 78-145, was approved. Upon a motion by Councilman Means, communication from the Loyal Order of Moose, Bakersfield Lodge No. 473, dated February 7, 1980, requesting an amendment to the Bingo Ordinance to allow pull tabs, was received and referred to the City Attorney for study and recommendation. Upon a motion by Councilman Payne, communication from the City of Tiburon, dated February 8, 1980, requesting financial assistance on an appeal to the United States Supreme Court regarding a land use case, was received and referred to the City Attorney for study and recommendation. Bakersfield, California, February 13, 1980 - Page 6 93 Upon a motion by Councilman Means, communication from the State Department of Transportation, dated February ll, 1980, regarding a news release of an information meeting on Noise Barriers along Freeway 99 in the City of Bakersfield to be held Wednesday, February 20, 1980, at the South Bakersfield Veteran's Hall, 2001 Wilson Road, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Olga Newton, 248 Eye Street, dated February 11, 1980, expressing her gratitude for the curb cuts and blue curbs, was received and ordered placed on file. COUNCIL STATEMENTS Upon a motion by Councilman Miller, ~r. Mac D. Culver, 3709 River Boulevard, was appointed as a member of the Board of Charity Appeals and Solicitations, term expiring October 1, 1982. Councilman Miller requested a status report on an agree- ment between the City and County regarding division of property taxes on annexations. Assistant City Manager-Finance Kelmar stated a meeting will be held tomorrow afternoon with the County Administrative Officer in order to try and finalize that agreement. Councilman Miller requested a status report on the negotiations with the State Department of Transportation regarding the intersection of Highway 178 and Fairfax Road. Director of Public Works Hawley stated he has met with the District Traffic Engineer with the State Department of Transpor- tation and he emphasized, again, that the intersection of Highway 178 and Fairfax Road does not meet the requirements for a traffic signal or street lighting at this time. However, there is a provision in the Traffic Manual which states that if the City proves by studies that the warrants will be met within 5 years that the State would participate in the installation of street lights. At this time Public Works Department is working on that Bakersfield, California, February 13, 1980 - Page 7 particular report. It should be finished within a couple o£ weeks and, hopefully, the City can convince the State street lights should be installed at that intersection. Councilman Christensen requested a status report on the Truxtun Avenue Extension and the Chester Avenue Undercrossing. Director of Public Works Hawley stated the Truxtun Avenue Extension project is out for bid and the bids will be opened on February 26, 1980. After the bids are opened the summary will be submitted to the State for their approval prior to submitting it to the Council for award of the contract. Hope- fully, this can be accomplished within a week or two after February 26, 1980. That project includes a grade separation, underpass, three structures across the canal and 3 to 3~ miles of street construction. The plan, at this time, is to connect to Oak Street at grade, however, studies are being conducted to determine how the traffic will get from Truxtun Avenue to the downtown area. Regarding the Chester Avenue Undercrossing, it is the staff's understanding that the right-of-way appraisals for that project have just been completed and will be presented to the Separation of Grade District Board at their next meeting one week from Thursday, February 21, 1980. Hopefully, at this meeting the Board will authorize the appraisers to begin the acquisitions. The three party agreement between the City, County and Separation of Grade District is still being processed. Presently it is being reviewed by the County Counsel. It will be necessary for all three agencies to approve that agreement before actual payments can be made for the right-of-way acquisitions. REPORTS Councilman Payne, member of the Governmental Efficiency and Personnel Committee, read Report No. 3-80 regarding Ag Water Department Reorganization, as follows: Attached to this report is a memorandum from John Chafin, Ag Water Department Manager, Bakersfield, California, February 13, 1980 - Page 8 regarding a reorganization of his department. As pointed out in this memorandum the Ag Water Department's basic organizational structure has not changed since the City acquired the Kern River Facilities from Tenneco in 1976. Since that time the City has experienced dry, wet, and normal water years and has a better under- standing of what is required for an efficient operation. The Governmental Efficiency and Personnel Com- mittee has met with the staff in regards to this matter and we are in complete agreement with the Water Department's needs. We are therefore recommending Council approval of the following new positions and equipment: 1. Water Supervisor at an annual salary and benefit cost of $20,873. 2. Pickup truck with a two-way radio at a cost of $7,200. 3. Account Clerk II at an annual salary and benefit cost of $16,500. 4. Canal Tender at an annual salary and benefit cost of $15,750. With the addition of these positions it is felt that the City can continue the operation of the Kern River Facilities and record keeping commit- ments for the foreseeable future. It is antici- pated that these new positions will not incur any additional costs as they have been filled in the past through overtime, temporary help and out of classification work by other employees. If there are any additional costs there are monies available in the Ag Water Department's budget which operates on a self supporting basis. Upon a motion by Councilman Payne, and Personnel Committee Report No. ment Reorganization, was accepted; Account Clerk II and Canal Tender, a Pickup Truck with a two-way radio, Governmental Efficiency 3-80 regarding Ag Water Depart- new positions of Water Supervisor, were approved; and purchase of was approved. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 1-80 regarding Move-On Housing Demonstration Project, as follows: One of the major objectives of the Community Development Block Grant (CDBG) program is to increase the supply of sound housing through rehabilitation of currently sub-standard units. At times, however, it is determined that the cost to bring certain units up to standard 96 Bakersfield, California, February 13, 1980 - Page 9 condition either is beyond an individual's ability to pay or it is not feasible due to existing structural defects. An alternative to upgrading such a residence is to demolish the current unit, move on a unit from another location, and bring it up to standard on the new site. Often, this can be accomplished within the financial constraints previously noted. Successful programs of this type have been operated in Los Angeles and Oakland. Recently, an elderly woman on a fixed income requested rehabilitation assistance for her fire-damaged home on Northrup Street. At the time, she was living in the public housing project, paying $149 a month rent. It was determined that needed repairs would total at least $18,000, making the work infeasible in terms of income and value of the structure. At the same time, a unit on Niles Street was made available under the demolition program. The estimated cost to move the house, clear the Northrup Street site, and bring the new unit up to standard was $9,500. With the applicant's approval and HUD's concurrence for this effort as a demonstration project, a low-interest loan was made for that amount. Her monthly payment now is $70.26, a reduction of 50%. In the course of the work, three items arose, unforeseen by the contractor and the City re- habilitation specialist, which had to be completed in order to ensure a proper job. When the house was moved, the mover required the roof cut off at 24' in height. Although the lumber was saved to be respliced, the contractor could not guarantee a patch job. A new roof was installed at a cost of $900. o After the contractor replaced the plumbing, he tested the sewer line and found tree roots had collapsed the original fiber pipe. He installed new 4" clay lines at a cost of $300. The original house had no off-street parking. It was learned after work had begun, that the City zoning required such parking in this case because o£ the move-on. A drive- way and apron were put in at a cost of $975. The total cost of these unanticipated additions is $2,175, well below the normal market rate for the work performed. However, the benefits derived in terms of demonstrating the viability of move-on housing to upgrade the housing stock will be o£ great value to the Community Develop- ment effort in the City. Three more move-on properties have been identified which would Bakersfield, California, February 13, 1980 - Page 10 assist limited-income residents to obtain safe, sanitary and decent housing at an affordable cost. Also, the experience with the Northrup Street project has shown staff what will work, how it can be done, and what mistakes to avoid in the future. THEREFORE, IT IS RECOMMENDED that the City Council approve a one-time grant of $2,175 to cover the additional expenses incurred in this move-on housing demonstration project, utilizing Community Development funds. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 1-80 regarding Move-On Housing Demonstration Project, was accepted; and one-time grant of $2,175 to cover additional expenses incurred in this Move-On Housing Demonstration Project, utilizing Community Development Funds, was approved. Director of Fire & Development Services Needham stated each Councilman has been presented with a list of individuals who are willing to serve on the Complete Count Committee for the 1980 Census and it is being requested that the following persons be considered: Mr. Bob Ashbeck, California Association of the Physically Handicapped. Georgia Hysaw, Oro Vista Housing Committee. Kathy Bates, Senior Citizen Gazette. Ramon Garza, KWAC Radio. Lynn Noel, TV Channel 23. Joe Coley, California Observer. Bernice Bonillas, Mexican American for Political Action, Chicanos Unidos for Progress. Margaret Grant, Governor's Council for Chicano Women's Conference, E1Concilio Latino De Kern. Victor Garcia, Affirmative Action Officer Bakersfield College District, Chicanos Unidos for Progress. Shirley Davidson, Links Incorporated. Rueben Hernandez, Bakersfield College, MECHA, Chicano Cultural Center. Roberto Tafoya, Attorney, Ola Raza, Inc., Legal Information Center. 98 Bakersfield, California, February 13, 1980 - Page 11 Upon a motion by Councilman Barton, the list of persons whose names were submitted to serve on the Complete Count Committee for the 1980 Census, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4116 to 4229, inclusive, in the amount of $205,653.36. (b) Claim for Damages from Regina L. Jackson, 1021 "Q" Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Virginia D. Gordon, 3207 Harmony Drive, Bakersfield. (Refer to City Attorney) (d) Application for Permission to Present a Claim Not Timely Presented by Marvin Taylor on behalf of Jay Nevin Taylor, 2701 Buena Vista Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from State Compensation Insurance Fund on behalf of Adam N. Bratchef employee of Trans-West Securities. (Refer to City Attorne) (f) Claim for Damages from Joseph Mooney, 121 East 21st Street, Bakersfield. (Refer to City Attorney) (g) Storm Drain and Sewer Line Easement from Golden Coast Development and Audax Asso- ciates Corporation for the Bernard Street Drainage Site, located south of Bernard Street and east of Mr. Vernon Avenue. (h) Map of Tract No. 4218 and Improvement Agreement with Farm Financial, Inc., for construction of improvements therein, located south of Planz Road between Stine Road and Akers Road. (i) Plans and Specifications for construction of Benton-Holden Storm Drain. 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 Miller, Payne, Ratty, Barton, Christensen, Means Noes: None Absent: Councilman Strong Bakersfield, California, February 13, 1980- Page 12 Councilman Miller stated that at the Council Meeting of January 30, 1980, the Council approved a motion directing the City Clerk to submit a transcript of that portion of the General Plan Amendment hearing pertaining to Segment 9 - East Bakersfield Associates. The Clerk prepared and submitted a transcript of a portion of that hearing on Segment 9, which is adequate. Councilman Miller made a motion that the transcript of a portion of the hearing on the General Plan Amendment pertaining to Segment 9 - East Bakersfield Associates, held January 30, 1980, be accepted. This motion was unanimously approved. ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Profit Production for Litter Picking Machine, was accepted and the other bid rejected. NEW BUSINESS Adoption of Resolution No. 11-80 of the Council of the City of Bakers- field supporting State Legislation to amend the laws relating to Pornography and the abatement of Pornographic Matter. This resolution responds to the recommendation made by the City Council at its meeting of January 30, 1980, in which the Council requested the City Attorney to contact the District Attorney's Office and prepare legislation to amend the State's Pornography laws. Upon a motion by Councilman Barton, Resolution No. 11-80 of the Council of the City of Bakersfield supporting State Legis- lation to amend the laws relating to Pornography and the abatement of Pornographic Matter, was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Barton, Christensen, Means Noes: None Absent: Councilman Strong 100 Bakersfield, California, February 13, 1980 - Page 13 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 those certain properties in the City of Bakersfield located on the north side of the easterly extension of Auburn Street and making findings in connection with P.U.D. Zone. The application for this amendment was made by Michael Callagy and would change subject property from an R-1 (One Family Dwelling) Zone and an R-3-D (Limited Multiple Family Dwelling - Architectural Design) 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 those certain properties in the City of Bakersfield located on the north side of the easterly extension of Auburn Street and making findings in connection with P.U.D. Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 16.60.010 relative to Appeals to the City Council as a result of action by the Planning Commission with respect to Tentative Subdivision Maps. This change to the appeal procedure for Tentative Maps is a result of a finding by the California Supreme Court that adjoining property owners to a subdivision have a protected interest in subdivision approvals. The present Municipal Code section only provides for appeals by the subdivider. This amend- ment provides for an appeal from the Planning Commission decision by any interested person adversely affected by such decision. First reading was considered given an Ordinance of the Council of the City o£ Bakersfield amending Section 16.60.010 relative to Appeals to the City Council as a result of action by Planning Commission with respect to Tentative Subdivision Maps. 101 Bakersfield, California, February 13, 1980 - Page 14 HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Fairview 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 477.8 + acres of land located on the south side of Fairview Road, approxi- mately ~ mile east of South "H" Street. A letter was received from the Board of Trustees of Greenfield Union School District, 1624 Fairview Road, dated February 6, 1980, regarding this annexation. Mayor Hart declared the hearing open for public partici- pation. Mr. Ronald Sponberg, representing Atlantic Richfield Company, 4121 South "H" Street, spoke in opposition to the Fairview No. i Annexation and submitted a written protest. Mr. Sponberg stated if the proper formula had been used by the Kern County Assessor in tabulating the value of land owned by Atlantic Richfield Company it would have been found that they own at least 50% of the total tax assessed value in Fairview No. i Annexation. Mr. Gregory Bynum, Real Estate Appraiser and Property Consultant for Karpe-Fisher Company and retained by Atlantic Richfield Company to evaluate their ownership position with respect to assessed valuation in the Fairview No. i Annexation, stated they oppose the way in which the assessed valuation for Greenfield Junior High School and Greenfield School District Administration and Bus Maintenance Facilities were calculated with respect to Proposition 13 and State Property Tax Codes. On the basis of the letter submitted by the Kern County Assessor and information collected by the firm of Karpe-Fisher Company speci£ic conclusions 102 Bakersfield, California, February 13, 1980 - Page 15 have been made that would lead them to believe Atlantic Richfield owns at least 50%, if not more, of the assessed valuation in the annexation area. Mr. Bynum then outlined the method he used to reach his conclusions. Mrs. Lucille Hartman, ll01 West Panama Lane, wondered why they were included in the Fairview No. 1 Annexation and she also felt this area is inhabited not uninhabited. No further protests or objections being received, Mayor Hart closed the public portion of the hearing for Council delibera- tion and action. Upon a motion by Councilman Barton, the annexation of uninhabited territory known as "Fairview No. 1," was continued for 30 days in order to allow the staff time to evaluate the protests, by the following roll call vote: Ayes: Noes: Absent: Councilmen Miller, Payne, Means Ratty, Barton, Christensen, None Councilman Strong Councilman Christensen stated the Council received a memorandum from the City Attorney regarding operators of adult bookstores and theaters in the City of Bakersfield and the lessee is listed but not the lessor and he would request that information. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:30 P.M. M YA~i~f fhe~it'y of ~akersfield, Calif. ATTEST: CITY~ERK and~ Ex~fficio Clerk of the Council of the City of Ba~rsfield, California ma 103 Bakersfield, California, February 20, 1980 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 20, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Absent: Mayor Hart. None Minutes of the regular meeting of February 13, Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Richard Traugh, 3618 Teal Street, 1980 were owner of Dick's Coin Shop and representing the Coin Dealers of Bakersfield, re- quested clarification of Emergency Ordinance No. 2547 adopted on February 6, 1980. Mr. Fred Shaffer, owner of The Stamp and Coin Shop, 1027 Baker Street, stated if this ordinance is enforced, as it is now written, 95% of the stamp and coin dealers will be out of existence immediately. During discussion, Councilman Ratty made a motion that the matter of the coin and stamp dealers' problems with Emergency Ordinance No. 254?,relative to Secondhand Dealers, be referred to the Business Development and Parking Committee. Councilman Payne offered a substitute motion that the matter of the coin and stamp dealers' problems with Emergency Ordinance No. 2547, relative to Secondhand Dealers, be referred to the Business Development and Parking Committee for a public committee meeting to be held at 5:30 P.M., Monday, February 25, 1980, in the Council Chambers of City Hall. This motion was unanimously approved. Councilman Barton requested that the staff notify the news media and the coin and stamp shop owners of the public Business Development and Parking Committee meeting. _04 Bakersfield, California, February 20, 1980 - Page 2 CORRESPONDENCE Upon a motion by Councilman Miller, memorandum from the City Attorney, dated February 14, 1980, regarding letter of the Loyal Order of Moose relative to Pull Tabs for Bingo Games and notifying the Council they cannot be used, was received and ordered placed on file. A copy of this memorandum has been sent to the Loyal Order of Moose. Upon a motion by Councilman Means, communication from Carpenter, Kuhn & Williams, Accountancy Corporation, 200 New Stine Road, dated February 18, 1980, requesting that their firm be con- sidered for the annual audit of the City of Bakersfield for Fiscal Year ending June 30, 1980, was received and referred to the Budget Review and Finance Committee for study and recommendation. COUNCIL STATEMENTS Councilman Payne announced that he appointed Gloria Meier, 1509 Bridgeport Lane, and Robert M. May, 2105 Benton Street, to the Ad-Hoc Advisory Committee to study the problems at Stock- dale Villa Mobilehome Park. Councilman Miller announced that he appointed Mr. Steve Morrow, 1801 Panorama Drive, #27, to the Charter Review and Advisory Commission replacing Mrs. Jill Haddad. Councilman Ratty announced that he appointed David L. Brown, 2532 Bay Street, and Mel L. Gardiner, 5201 Lowen Avenue, to the Ad-Hoc Advisory Committee to study the problems at Stockdale Villa Mobilehome Park. Councilman Means announced that he appointed Sharon Haggarty, 2216 "D" Street, and Rosalio Banales, 1601 Los Robles Drive, to the Ad-Hoc Advisory Committee to study the problems at Stockdale Villa Mobilehome Park. Councilman Barton announced that he appointed Richard H. Hixman, 2117 Castro Lane, to the Ad-Hoc Advisory Committee to study the problems at Stockdale Villa Mobilehome Park. 105 Bakersfield, California, February 20, 1980 - Page 3 Councilman Miller announced that he appointed Bill Bratton, 12016 Davis Cup Court, and Nathan M. Krevitz, 3000 - 21st Street, to the Ad-Hoc Advisory Committee to study the problems at Stockdale Villa Mobilehome Park. Councilman Payne urged the Councilmen who have not made their appointments to the Ad-Hoc Advisory Committee to study the problems at Stockdale Villa Mobilehome Park to please to do as soon as possible so a meeting can be held. Councilman Miller questioned the staff regarding the opposition to Fairview No. 1 Annexation presented by the Atlantic Richfield Company at the hearing held February 13, 1980. City Attorney Hoagland stated that Atlantic Richfield Company's opposition to the Fairview No. 1 Annexation is being evaluated by the staff at the present time. REPORTS Director of Fire & Development Services Needham reported on the Downtown Shopping Center. The preliminary appraisals have been taking place for the last two months. The whole team of comdemnation attorneys and their staffs, appraisers, property buyers, relocation experts, etc., have been assembled to prepare the proper documents and research. The actual appraisals are going on at the present time and should take approximately three to five months to complete. The bond attorney and consultant are working on a prospectus and materials that have to be developed for the bond sale. It has been suggested by the consultants that the bond sale may be in two issues. During discussion, Councilman Christensen asked if the hotel complex is still in the machinery, has a contract been entered into and what has happened to it because it has been on the books for 4½ years. Director of Fire & Development Services Needham stated the hotel's exclusive rights to negotiate was agreed to by the 106 Bakersfield, California, February 20, 1980 - Page 4 Redevelopment Agency this past year with the developers. There have been complications and no agreement has been signed at this point in time. The developers are trying to solve the problems. Councilman Christensen asked, for the record, if it was possible the shopping center could follow the same route. Director of Fire & Development Services Needham stated no. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4230 to 4426, inclusive, in the amount of $349,100.92. (b) Claim for Damages from Farmers Insurance Group, Inc. (Refer to City Attorney) (c) Application for Leave to Present Late Claim for Injuries, Damages and Property Loss from David William Powers, c/o George A. Boyle, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (d) Notice of Completion and Acceptance of Work for construction of Training Tower for City of Bakersfield and Kern County Fire Departments - Contract No. 79-145 with Charles H. Miller. (e) Application for Encroachment Permit from B. D. Denton for property at 1706 Chester Avenue (Haberfelde Building) for planting trees in sidewalk area around the Haber- felde Building. The Public Works Depart- ment recommends approval of the application, subject to the following: Spacing and type of tree must be approved by the Parks Superintendent. A 45° sight clearance shall be pro- vided at all corners and driveways, as shown on the plans. Trees shall be of sufficient size and shall be maintained by the owner to provide sufficient clearance for pedestrian traffic. (f) Plans and Specifications for construction of Wheelchair Ramps near the San Joaquin Community Hospital. Bakers£ield, Cali£ornia, February 20, 1980 - Page 5 107 (g) Contract Change Order No. I to Contract No. 79-189 with Granite Construction Company for construction o£ Curb and Gutter in the Lowell Addition area. This Change Order is necessary to re- move and replace a portion o~ the curb and gutter which was installed at an improper grade. The improperly installed curb and gutter would have necessitated reconstruction of an inordinate amount of sidewalk, driveways and existing pavement adjacent to the curb and gutter. The least costly method of correcting the problems is to remove and replace the curb and gutter. Community Development Funds are available for this additional work. This Change will increase the contract amount from $85,270 to approxi- mately $110,000. (h) Contract Change Order No. 1 to Contract No. 79-112 with Galland Electric Company for construction of Tra££ic Signal Systems at various locations. This Change Order is necessary to construct signal £ootings in the basements at the southeast corner of 20th Street and Chester Avenue and southeast corner of 21st Street and Chester Avenue. Other possible locations could not be used due to location o~ basements and other existing improvements and utilities in the area. This Change Order of $5,600 will increase the contract amount to $184,700. (i) (J) Upon (d), (e), (~), adopted by the Request from Larry J. Martin, President of the Helfac Corporation, for an amend- ment to the General Plan £or commercial use of property located at the northeast quadrant o~ the intersection of 40th and "Q" Streets. (Refer to Planning Com- mission for study and recommendation) Request from Frank and Tony Delfino £or annexation of property bounded on the north by Panama Lane, on the west by Akers Road and on the south by the Arvin- Edison Canal, containing approximately 35 acres of land. (Refer to Planning Commission for study and recommendation) a motion by Councilman Miller, Items (a), (b), (c), (g), (h), (i) and (j) of the Consent Calendar, were £ollowing roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None 108 Bakersfield, California, February 20, 1980 - Page 6 ACTION ON BIDS Upon a motion by Councilman Payne, low base bid of G.C.A. Blasting and Drilling for construction of a 21-Inch Sewer in District Boulevard at Ashe Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Granite Construction Company for construction of Asphalt Concrete Pavement on Monitor Street north of Calcutta Drive, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low base bid of J. L. Denio Incorporated for construction of Elm Street Storm Drain north of Joshua Court, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Joel B. Mundorf for construction of Fire Station No. 9 located south of Ming Avenue and east of Gosford Road, was accepted, all other bids rejected, the Mayor was authorized to execute the contract and $120,000 budgeted for upgrading the Firemen's quarters at Fire Station No. l, was approved to be used for the construction of Fire Station No. 9. Upon a motion by Councilman Ratty, all bids for Annual Contract for Tires and Tubes, were rejected; and the City will participate in the State contract, at a cost of $61,764.64, with B. F. Goodrich Tire Center of Bakersfield, and the Finance Operations Manager was directed to sign and deliver all necessary requests and other documents as authorized in Resolution No. 27-79. Upon a motion by Councilman Payne, bid of Valley Tree and Construction for demolition of various sites, was accepted. DEFERRED BUSINESS Adoption of Ordinance No. 2548 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 those certain properties in the City of Bakersfield located on the north side of the easterly extension of Auburn Street and making findings in con- nection with P.U.D. Zone. 109 Bakersfield, California, February 20, 1980 - Page 7 The application for this amendment was made by Michael Callagy and would change subject property from an R-1 (One Family Dwelling) and an R-3-D (Limited Multiple Family Dwelling - Archi- tectural Design) Zones to a P.U.D. (Planned Unit Development) Zone. Upon a motion by Councilman Miller, Negative Declaration and Ordinance No. 2548 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 those certain properties in the City of Bakersfield located on the north side of the easterly extension of Auburn Street and making findings in connection with P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Adoption of Ordinance No. 2549 New Series of the Council of the City of Bakersfield amending Section 16.60.010 relative to Appeals to the City Council as a result of action by the Planning Commission with respect to Tentative Subdivision Maps. Upon a motion by Councilman Payne, Ordinance No. 2549 New Series of the Council of the City of Bakersfield amending Section 16.60.010 relative to Appeals to the City Council as a result of action by the Planning Commission with respect to Tentative Subdivision Maps, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Bakersfield, California, February 20, 1980 - Page 8 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 commonly known as 2217 "E" Street. The application for this amendment was made by Robert Lumis and would change subject property from an R-3 Multiple Family Dwelling) Zone to a C-O Commercial Office), 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 2217 "E" Street. Approval of Agreement between the City of Bakersfield, County of Kern and the Greater Bakersfield Separation of Grade District designating the areas of responsibility for each agency relative to the Grade Separation Project at the Chester Avenue/Southern Pacific Railroad intersection. The estimated project cost is $4,400,000 and the local share of the cost is $440,000. The District will pay $100,000 of the local share and the City and County will equally share the remaining $340,000. In addition, funds are necessary during the course of the project to meet cash flow requirements. These funds will also be equally shared by the City and County. The total amount necessary is $1,800,000 for the duration of the project. These funds will be reimbursed to the City and County after completion of the project and upon the City's application and State approval for a supplemental allocation. The supplemental allocation is not a 100% certainty, but historically they have been approved as a top priority in the next fiscal year following receipt of an application. Bo (Limited and Professional Bakersfield, California, February 20, 1980 - Page 9 111 Councilman Christensen stated the City has reserved $500,000 of its recent State Bail-Out Funds for its share of the up-front money needed to meet cash flow requirements during the 1979-80 fiscal year. Since the City still has some Bail-Out Funds which are uncommitted, it is recommended that a portion of these funds be reserved to pay the remaining $400,000 needed during the course of the Chester Avenue Project. Councilman Christensen also stated that Director of Public Works Hawley has informed him that the County approved their portion of the contract. Upon a motion by Councilman Christensen, Agreement between the City of Bakersfield, County of Kern and Greater Bakersfield Separation of Grade District designating the areas of responsibility for each agency relative to the Grade Separation Project at the Chester Avenue/Southern Pacific Railroad intersection, was approved, the Mayor was authorized to execute same and authorization was granted to place the additional $400,000 of State Bail-Out Funds into a trust account to be utilized as the City's up-front for the Chester Avenue Undercrossing. Council, adjourned at 8:55 P.M. funding ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was ATTEST: CITY~ERK~~Of~icio Clerk of the Council of t'he City of ~akersfield, California ma Bakersfield, California, February 25, 1980 Minutes of a special meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 5:30 P.M., February 25, 1980. The meeting was called to order by Mayor Hart, the City of City followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Ratty (seated at 5:36 P.M.), Barton, Christensen, Means, Miller, Payne Absent: Councilman Strong This special meeting was not taped. This special meeting was called for the purpose of discussing the problems with Emergency Ordinance No. 2547 relative to Secondhand Dealers with coin and stamp dealers' located in the City of Bakersfield. The following persons addressed the Council: Mr. Richard Traugh, 3618 Teal Street, owner of Dick's Coin Shop. Mr. Fred Shaffer, owner of The Stamp and Coin Shop, 1027 Baker Street. Mr. Jim Duke, J & J Coin Company, 608 18th Street. Mr. Thomas Clark, Attorney. Mr. Marvin Lipco, Alan's Jewelry & Loan, 1223 19th Street. Mr. Melvin Magnus, Attorney at Law. Councilman Means stated that due to the confusion as to whether this is a Special Council Meeting of Special Meeting of the Business Development and Parking Committee he would make a motion that no action be taken at motion was unanimously approved. Mayor Hart announced that this Special Meeting. This he appointed Dean Gay, 100 Westbluff Court, to act as Chairman of the Ad-Hoc Advisory Committee to study the problems at Stockdale Villa Mobilehome Park. Bakersfield, California, February 25, 1980 = Page 2 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 6:45 P.M. ATTEST: oCfITtYhCeLcEit~Ky~ai~fd BEaXkeO~d,Cl~ar~ki~ofr~tihae Coul~cil Bakersfield, California, March 5, 1980 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 5, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Absent: None Minutes of the regular meeting of February 20, 1980 and special meeting of February 25, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Dick Traugh, Dick's Coin Shop, 1616 South Chester Avenue, spokesman for the coin and stamp dealers of Bakersfield, thanked the Council for hearing them at the last meeting and circulated copies of an excerpt from the State of California Business and Professions Act, Section 21627, "Identifiable" Defined. He stated the dealers he represents feel they do not fall under City Ordinance No. 2547 as they are not buying any scrap gold or silver and are regulated by the State Corporations Commission. Mr. Dan Paves, representing Robert B. Lumis, 116 Chester Avenue, requested the Council to return the proposed Ordinance changing the Land Use Zoning on property known as 2217 "E" Street to the Planning Commission for rehearing, with the request that the D Overlay stipulation be removed from the original rezoning request. Upon a motion by Councilman Payne, action on this Ordinance was deferred until the meeting of March 12, 1980. Ms. Paula Freeborn, Executive Director with the Mental Health Association, submitted a Resolution and requested the Council's endorsement of the Application for LEAA funding of the Mental Health Association of Kern County, Alliance on Family Bakersfield, California, March 5, 1980 - Page 2 115 Violence, and stated that Councilman Christensen had agreed to sponsor this. Adoption of Resolution No. 12-80 of the Council of the City of Bakersfield Supporting the Concept and Goals of the Application for LEAA Funding of Mental Health Association of Kern County, Alliance on Family Violence. Councilman Christensen read the Resolution and requested it be made a part of the record, as follows: WHEREAS, family violence is being considered one of the major social problems of our society; and WHEREAS, both male and female members are often victims of family violence; and WHEREAS, family violence creates an unfavorable environment for children; and WHEREAS, crimes of violence in the home are costly to the taxpayers in the form of police protection, medical treatment, and the breakup of households; and WHEREAS, the mental Health Association of Kern County, Alliance on Family Violence, was organized to prevent family violence and offer counseling and assistance to families suffering from the effects of this type of violence; and WHEREAS, the Mental Health Association of Kern County, Alliance on Family Violence, is a privately funded, nontax-supported association staffed by professional volunteers; and WHEREAS, the Mental Health Association of Kern County, Alliance on Family Violence intends to apply for LEAA funds for a program to aid in the prevention of family violence, as described in Exhibit "A" attached hereto; and WHEREAS, funding by the LEAA will require no expenditure of City funds, and any requirement for matching funds will be fulfilled by the Mental Health Association of Kern County, Alliance on Violence. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: That the Council of the City of Bakersfield supports the concept and goals of the application for LEAA funding, attached hereto as Exhibit "A", of the Mental Health Association of Kern County, Alliance on Family Violence. Bakersfield, California, March 5, 1980 - Page 3 Upon a motion by Councilman Christensen, Resolution No. 12-80 of the Council of the City of Bakersfield Supporting the Concept and Goals of the Application for LEAA Funding of Mental Health Association of Kern County, Alliance on Family Violence, by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Noes: None Absent: None Ratty CORRESPONDENCE Upon a motion by Councilman Payne, communication from Louise B. Armstrong, 1417 South Real Road, dated February 19, 1980, regarding collection of masterpiece paintings by the late Harry C. Smith, was received and referred to staff and appropriate committee for study and recommendation. Upon a motion by Councilman Ratty, communication from Butler, Chambers & Hughes, Civil Engineering, Surveying & Land Planning, 254 "H" Street, dated February 22, 1980, withdrawing their request for abandonment of 5 feet of an Alley adjacent to the boundaries of Tract No. 3406 (which request was never received by the City Council) was received and placed on file. Upon a motion by Councilman Means, Fox & Company, Certified Public Accountants, Drive, Bakersfield, dated February 27, 1980, firm be considered for award of the contract communication from 5335 Business Center requesting their to audit the records and accounts of the City for the year ending June 30, 1980, was received and referred to the Budget Review & Finance Committee for study and recommendation. Upon a motion by Councilman Christensen, communication from Robert Padilla, 1919 Williams Street, Bakersfield, dated February 27, 1980, regarding parking requirements at his leased building at 1315 - 20th Street and requesting a hearing before the City Council, was received and referred to the Business Bakers£ield, California, March 5, 1980 - Page 4 117 Development and Parking Committee for study and recommendation. Councilman Christensen requested that Mr. Padilla be notified of the Committee's meeting date in order that he might attend. Upon a motion by Councilman Barton, communication from Brenda Lowe, 2716 Layton Drive, Bakersfield, dated February 29, 1980, commending the Council for enactment of an ordinance prohibiting display and sale of drug paraphernalia to minors, was received and placed on file. Upon a motion by Councilman Barton, communication from Mr. Hugh Sill, Acting Chairman of the Charter Review and Advisory Commission, dated March 3, 1980, submitting proposed Charter Amendment of Charter Section 47.1, was received and placed on file. Upon a motion by Councilman Ratty, Resolution from the Greater Bakersfield Chamber of Commerce Governmental Review Committee and Transportation Committee, dated February 29, 1980, stating their opposition to any rezoning, other than for commercial[ use, of the property adjacent to the Bakersfield Air Park, was received and placed on file. COUNCIL STATEMENTS Councilman Ratty commented on the Ad Hoc Committee created by the Council at the meeting of February 13, 1980, to act as a fact-finding committee to monitor the progress and open the lines of communication between the mobilehome owners and the residents at Stockdale VilLa Mobilehome Park and presented the following Resolution for the Council's consideration and action: WHEREAS, this Council does not feel it is within its duty to interfere in what is a private dispute between a landlord and tenant; and WHEREAS, this Council is sympathetic to the frustrations and economic trials these mobilehome park renters are facing; and WHEREAS, the Council feels the marketplace with freedom of choice is the best answer to this type of problem; Bakersfield, California, March 5, 1980 - Page 5 THEREFORE, LET IT BE RESOLVED that it is the intent of this Council not to intervene in any way with rent control and FURTHER that the Ad Hoc Committee be dissolved, and would so move after Council discussion. Councilman Means stated he would not support the motion inasmuch as he felt the process to try to assist the people who came to the Council for help should be continued. In response to Councilman Christensen's question, Councilman Payne stated that at the time he made the motion to form the Ad Hoc Committee his intention was to have a neutral body to study the issue, but this has not happened. Therefore, he would support the motion. Councilman Miller stated his support of the Resolution. Councilman Christensen stated it is his belief that government is a means of reconciling conflict, and the Ad Hoc Committee should stay with the problem until there is an answer. Ms. Ruth Gluyas, resident of Stockdale Villa Mobilehome Park, addressed the Council, stating the residents of the Park have not asked for rent control but for a fair rent. Councilman Barton stated that the Council sympathized with the residents of the Park, but the issue has become polarized to the point that it appears neither the Ad Hoc Committee nor anyone else could reconcile the problem at this time. Therefore, he would support the motion. Councilman Strong stated that while he supports the Resolution in principle, he was absent from the Council Meeting when this issue was heard and made no appointments so it would not be appropriate for him to vote on the matter one way or another. He requested the record to show his reasons for abstaining. Councilman Ratty's motion to dissolve the Ad Hoc Committee for study of the problems at Stockdale Villa Mobilehome Park carried by the following roll call vote: 119 Bakersfield, California, March 5, 1980 - Page 6 Ayes: Noes: Councilmen Barton, Miller, Payne, Ratty Councilman Means Abstaining: Councilmen Christensen, Strong REPORTS Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 4-80 regarding Salary Adjustments for Engineers, as follows: Attached to this report are two memorandums from Public Works Director Dale Hawley regarding problems which he is having in recruiting and keeping qualified engineers. This matter was discussed by the Governmental Efficiency and Personnel Committee several months ago, however, we were of the opinion at that time that salaries should be adjusted only during the meet and confer process. Since that time it has become quite evident that the Public Works Department is falling further behind on a majority of their projects. To date they have completed 50% of their 1979-80 capital improvement projects, (36 of 76). Many projects have been contracted out to local firms, however, this has also proved to be less than successful. In most instances the department has ended up spending almost as much time on these projects as the contractors and it has resulted in expensive change orders and inconvenience to the public. According to information regarding local wages in both the public and private sectors, it is evident that the City is not able to compete for qualified engineers. Therefore, the Governmental Efficiency and Personnel Committee is making the following recommendations for salary adjustments effective the first pay period in March, 1980: Engineer Technician I Engineer Technician II Engineer I Engineer II Engineer III Engineer IV Assistant Public Works Director 12½% increase 8% increase 10% increase 15% increase 8½% increase 62% increase 8% increase In order to effectuate these increases, we are recommending Council approval of the attached changes in the salary resolution. A transfer is not necessary as funds are available in the Public Works Department salary account due to vacant positions. 120 Bakersfield, California, March 5, 1980 - Page 7 Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 4-80 was accepted. Adoption of Resolution No. 13-80 of the Council of the City of Bakers- field amending Resolution No. 58-79, Salaries and Related Benefits for Employees of the City of Bakersfield. Upon a motion by Councilman Strong, Resolution No. 13-80 of the Council of the City of Bakersfield amending Resolution No. 58-79, Salaries and Related Benefits for Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne, Ratty Noes: None Absent: Councilman Means Councilman Payne, Member of the Governmental Efficiency and Personnel Committee, read Report No. 5-80 regarding Automobile Mileage Allowance, as follows: In May of 1974 the City Council approved a mileage allowance of 17~ per mile when employees use their own cars for authorized City business. As the Council is well aware, automobile costs have sky rocketed over the past few years. As an example, a recent national survey indicated car ownership and operating costs have risen 88% between 1973- 1979. Attached to this report is a memorandum from the City's Equipment Superintendent which indicates the costs of operating a medium price car over a five year period. According to this information, it costs 28~ per mile to operate a car at today's rate and could go up to 30~ per mile by July, 1980 at the current inflation rate. Based on information provided to the Governmental Efficiency and Personnel Committee regarding private company lease rates and County and State reimbursement rates, we are recommending the Council approve a 9~ per mile increase which will reimburse employees at a rate of 26~ per mile. In order to effectuate this change, we are recommending approval of the attached change in the compensation res~ution regarding automobile mileage reimbursement. Bakersfield, California, March 5, 1980 - Page 8 121 Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 5-80 was accepted. Adoption of Resolution No. 14-80 of the Council of the City of Bakers- field amending Resolution No. 58-79, Salaries and Related Benefits for Employees of the City of Bakersfield. Upon a motion by Councilman Payne, Resolution No. 14-80 of the Council of the City of Bakersfield amending Resolution No. 58-79, Salaries and Related Benefits for Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Miller, Payne, Ratty Noes: None Absent: Councilmen Christensen, Means Councilman Barton, Chairman of the Business Development Parking Committee, read Report No. 2-80 regarding Towing Service Charges - Proposed Rate Increase, as follows: and On November 9, 1979, the Council was asked to review a proposal made by various towing firms in and around Bakers£ield to increase towing rates as it relates to the emergency road services provided to the City when requested by the police department. In order to check the validity of their proposal the police department conducted a cost survey of other cities. The survey indicated that the existing towing fee structure in the City is considerably lower than other southern San Joaquin Valley cities such as Fresno, Visalia and Modesto. In addition, fuel rates have increased 2 fold since the rates were last adjusted in March of 1977. Therefore it is recommended that the following rates be established and that the City Attorney's O££ice be instructed to amend the existing City resolution No. 23-77 to reflect the new fees. In addition we ask that the new resolution be placed on the next CouncS1 agenda. All towing within a 5 mile radius $35.00 Each mile beyond 5 miles 2.50 Storage per day 4.00 Dollies 15.00 For setting overturned vehicles on wheels 15.00 Stand by time xxx **$5.00 £or each 15 minutes after the first 15 minutes Service calls (to open holidays and between midnight and 8:00 a.m.) 15.00 1o 2 Bakersfield, California, March 5, 1980 - Page 9 Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 2-80 was accepted and the recom- mendations approved. City Attorney Hoagland made a recommendation to support the City of Tiburon, in response to a recent communication from the Mayor of Tiburon, to the extent of $500 to help defray legal costs in a suit before the U. S. Supreme Court. The City of Tiburon had been sued for damages by a property owner in a zoning change, and the California Supreme Court upheld the City. The matter is now going to the U. S. Supreme Court and it is important to cities to have that body decide the same as the California Supreme Court, otherwise cities could be clogged with lawsuits on any zone change. Upon a motion by Councilman Ratty, the Council voted to defray support the City of Tiburon to the extent of $500 to help legal costs in a suit before the U. S. Supreme Court. The (a) (b) (c) (d) (e) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 4427 to 4689, inclusive, in the amount of $638,256.78. Claim for Damages from Ruth Nelson, 3500 University Avenue, Bakersfield. (Refer to City Attorney) Claim for Injuries and Damages from Georgia Johnson, c/o George A. Boyle, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Street Dedications from Tenneco Realty Development Corporation, providing street right-of-ways for Gosford Road as required by Parcel Maps Nos. 5197 and 5700; for Truxtun Avenue as required by Tracts Nos. 3883 and 4265; for Mohawk Street as required by Parcel Map No. 5715. Grant Deed from Challenge Builders, Inc., providing for drainage sump, as required by the Planning Commission for Tract No. 4182, located west of Hughes Lane, south of Fairview Road. Bakersfield, California, March 5, 1980 - Page 10 123 (f) (h) (i) (J) (k) (1) (m) Pole Line Easement from City to Pacific Gas and Electric Company, necessary due to widening of Mount Vernon Avenue at the new dog pound which requires relocation of an electric power line. An Easement for storm drain line purposes from Betty Grumbles, providing for an easement over an existing storm drain line in Parcel Map No. 5615, located between Columbus Street and Freeway 178, east of Pasadena Street. Storm Drain Easement from Tenneco Realty Development Corporation and Marlo Investment Company, providing for the connection of a storm drain between future Dunsmuir Road with Business Park North, located in Parcel Map No. 5530, east of California Avenue at Mohawk Street. Approval of Plans and Specifications for the Reconstruction of portions of Dore Drive, south of Lee Drive, providing new asphalt concrete pavement and a new P.C.C. cross gutter on a portion of Dore Drive, between Geneva Avenue and Lee Drive. Approval of Plans and Specifications for Construction of Irrigation System and Security Lighting in Castle Park. Improvement Agreement for Parcel Map No. 5656, with Tenneco Realty Development Corporation, for construction of improve- ments required by the Planning Commission with Parcel Map No. 5656, located between White Lane and Pacheco Road, east of Ashe Road. Improvement Agreement for Parcel Map No. 5744, with Norman Lum, for the construction of improvements required by the Planning Commission with Parcel Map No. 5744, located at the northwest corner of White Lane and Akers Road. Notices of Completion and Acceptance of Work on: (1) Tract No. 4081, Contract No. 79-134 with Tenneco Realty Development Corporation, located at Kamloops Drive and Laurelglen Boulevard, completed on February 26, 1980. (2) Tract No. 4001, Contract No. 79-47 with Regent International, located at Calcutta Drive and Monitor Street, completed on February 25, 1980. (3) Tract No. 4136, Contract No. 79-150 with Tenneco Realty Development Corporation, located at Ashe Road and White Lane, completed on February 27, 1980. Bakersfield, California, March 5, 1980 - Page 11 (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) Notice of Completion and Acceptance of Work on Construction of Storm Drains in Auburn Street and Panorama Drive, Contract No. 79-168 with Granite Construc- tion Company, completed on February 15, 1980. DELETED Contract Change Order No. 1 to Contract No. 79-195 with James G. Francis, Contractor, for Construction of Asphalt Concrete Pavement on Laurelglen Boulevard, providing for the removal, disposal and replacement of unstable subgrade material, and also provides for the adjustment of existing manholes. Contract Change Order No. 1 to Contract No. 79-131 with Columbo Construction Company, Inc. for construction of Pumphouse building at the Ashe Water System Pumping Plant No. 1. Application for Encroachment Permit from Patriots Enterprises, P.O. Box 9301, Bakersfield, for construction of wall extensions extending 1'-10" into right- of-way on "H" Street at 1326 "H" Street. Application for Encroachment Permit from Bakersfield Flower Shop, Inc., 1029 Baker Street, Bakersfield, for construction of a sign 14' above sidewalk that extends 9' into right-of-way at 1020 Baker Street. Request for authorization to retain vehicle which has been declared surplus. The Fire Department has a 1/2 ton pickup truck with service body which has been replaced through the Equipment Replacement budget, to be used by the Domestic Water Division. Request to retain four vehicles in lieu of sale for Police Training Program instead of purchasing one new vehicle which was included in funding for the Training Program. Request for annexation to the City of Bakersfield by Tim J. Banks, representing Albert Vido, #62 White Lane, of approximately 5.13 acres on the north side of White Lane, approximately 1/4 mile west of Union Avenue, bordered on the west and north by a new subdivision within the City and on the east by a canal. (Refer to Planning Commission for study and recommendation) Request from Butler, Chambers & Hughes, Civil Engineering, Surveying & Land Planning, for annexation of property located at 300 Terrace Way. (Refer to Planning Commission for study and recommendation) 125 Bakersfield, California, March 5, 1980 - Page 12 Upon (d), (e), (f), (r), (s), (t), adopted by the Ayes: Noes: Absent: a motion by Councilman Miller, (g), (h), (i), (k), (1), (u), (v), and following roll Councilmen Strong, Barton, Payne, None None (J), (w) of the Consent call vote: Christensen, Ratty ACTION ON BIDS Upon a motion by Councilman Ratty, Items (a), (b), (c), (m), (n), (p), (q), Calendar were Means, Miller, low bid of Granite Construction Company of Bakersfield for Construction of Truxtun Avenue Extension, Phase II, between the City Corporation Yard and Stockdale Highway, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, low bid of Granite Construction Company of Bakersfield for the Base Bid and Alternate A, for the Construction of Storm Drain and Resurfacing on Portions of Inyo Street, Brown Street, Flower Street, and Baker Street, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by CounciIman Miller, low bid of Genkev Construction Company of Bakersfield for Construction of University Park Grading Improvements was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with Varda Alarm Company, the only supplier who can provide radio alarms as per specifications, for radio alarms and accessories. Upon a motion by Councilman Ratty, low bid from Abate- A-Weed for Weed Killer and Soil Sterilant was accepted and all other bids rejected. 1o. 6 Bakersfield, California, March 5, 1980 - Page 13 Upon a motion by Councilman Miller, bid from Familian Pipe and Supply for Kitchen Appliances for Remodeling Fire Stations No. 2 and No. 8 was accepted. Upon a motion by Councilman Miller, Cabinet Work at Fire Station No. 2 was awarded to Frank's Cabinet Shop and Cabinet Work at Fire Station No. 8 to Dale's Cabinet Shop, and all other bids were rejected. Upon a motion by Councilman Miller, bid from Three Way Chevrolet for One-Ton Pickup with Service Type Body was accepted, and transfer of $1,262.42 from Account No. 11-450-7900 to Account No. 11-451-7200 was authorized. Upon a motion by Councilman Payne, low bid from Jim Burke Ford for Four Door Sedans (3 each) for the Fire Department was accepted and all other bids rejected. Upon a motion by Councilman Ratty, bid from Three Way Chevrolet for 18 each Half Ton Pickups was accepted. Upon a motion by Councilman Ratty, bid from Three Way Chevrolet for One Ton Cab and Chassis was accepted. Upon a motion by Councilman Payne, low bid from Central Valley Supply £or A.C.P. Storm Drains (materials only) was accepted and the other bid rejected. Upon a motion by Councilman Miller, low bid of Jimco Electric Company, Lancaster, California, for construction of University Park Security Lighting was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. NEW BUSINESS Adoption of Resolution No. 15-80 of Application of the Council of the City of Bakersfield proposing Proceed- ings for Annexation of Territory to the City of Bakersfield, identified as Annexation No. 281 (Real No. 3). This is an unhabited annexation of approximately eight (8) acres of land located south of Stockdale Highway, west of Bakersfield, California, March 5, 1980 - Page 14 127 Real Road and north of Elcia Drive. The Planning Commission approved the boundaries on February 6, 1980. Upon a motion by Councilman Ratty, Resolution No. 15-80 of the Council of the City of Bakersfield proposing Proceedings for the Annexation of Territory to the City of Bakersfield, identified as Annexation No. 281 (Real No. 3), was adopted and referred to the Public Works Department and City Attorney for submittal to LAFCO by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne, Ratty Noes: Councilman Means Absent: None Adoption of Resolution No. 16-80 of Application of the Council of the City of Bakersfield proposing Proceed- ings for the Annexation of Territory to the City of Bakersfield, identified as Annexation No. 282 (Panama Lane No. 3). This is an uninhabited annexation of approximately 520 a report is available he will not approve acres of land located north of Panama Lane and westerly of Stine Road. The Planning Commission approved the boundaries on February 6, 1980. Upon a motion by Councilman Barton, Resolution No. 16-80 of Application of the Council of the City of Bakersfield proposing Proceedings for the Annexation of Territory to the City of Bakers- field, identified as Annexation No. 282 (Panama Lane No. 3), was adopted and referred to the Public Works Department and City Attorney for submittal to LAFCO by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne, Ratty Noes: Councilman Means Absent: None Councilman Means stated that until regarding the cost to the City for annexations, any annexations. Discussion ensued regarding the cost of annexations. 19,8 Bakersfield, California, March 5, 1980 - Page 15 In response to Council inquiry, City Manager Bergen stated that residential property annexed does not pay for itself by property taxes, but most commercial property more than pays its way because of other taxes. He reminded the Council that about a year ago the City Council, by resolution, restricted . annexations in areas other than islands or near-is]ands without an economic analysis. In addition to that, the staff is looking at the total annexation policy and is in the process of preparing a report to the Council. We should tell new people talking about annexations that maybe our policy is going to change. The staff is very seriously looking at making an evaluation of the necessity of charging for annexations. Approval of Amendment to Joint Agencies Agreement for Construction of Chester Avenue-Southern Pacific Railroad Separation Project, Contract No. 80-27. The County of Kern has requested that paragraph 3 (b) be amended to clarify the City's and County's obligation to provide the cash flow funds for the project and outline the steps to he taken to assure reimbursement of these funds. A letter from R. S. Holden, County Administrative Officer, to the Board of Supervisors, County of Kern, dated February 29, 1980, is entered into the record as the explanation of the intent for the Amendment to the Agreement, Upon a motion by Councilman Christensen, Amendment to Joint Agencies Agreement for Construction of Chester Avenue- Southern Pacific Railroad Separation Project, Contract No. 80-27, was approved. Adoption of Resolution No. 17-80 of the Council of the City of Bakers- field calling the Nominating Municipal Election for the Office of Mayor, providing for the consolidation of said Election with the Special Municipal Election for the purpose of submitting to the electors of the City an Amendment to the Charter of the City of Bakersfield, and the State of California Consolidated Primary Election to be held on June 3, 1980. Bakersfield, California, March 5, 1980 - Page 16 City Attorney Hoagland explained that the Bakersfield Charter Review and Advisory Commission has recommended in their letter, previously received in this meeting, submitting to the voters a Charter change that would allow the hiring of temporary employees for federal or state funded programs designed for training or economic revitalization for a period of 18 months, as required by Federal law. Upon a motion by Councilman Means, Resolution No. 17-80 of the Council of the City of Bakersfield calling the Nominating Municipal Election for the Office of Mayor, providing for the consolidation of said Election with the Special Municipal Election for the purpose of submitting to the electors of the City an Amendment to the Charter of the City of Bakersfield, and the State of California Consolidated Primary Election to be held on June 3, 1980, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Means, Miller, Payne Councilman Ratty Noes Absent: None Adoption of Resolution No. 18-80 of the Council of the City of Bakers- field calling the Special Municipal Election for the purpose of submitting to the electors of the City an Amendment to the Charter of the City of Bakers- field, providing for the consolidation of said election with the Nominating Municipal Election for the Office of Mayor and the State of California Consolidated Primary Election to be held on June 3, 1980. Upon a motion by Councilman Strong, Resolution No. 18-80 of the Council of the City of Bakersfield calling the Special Municipal Election for the purpose of submitting to the electors of the City an Amendment to the Charter of the City of Bakers- field, providing for the consolidation of said election with the Nominating Municipal Election for the Office of Mayor and the State of California Consolidated Primary Election to be held on June 3, 130 Bakersfield, California, March 5, 1980 - Page 17 1980, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Adoption of Resolution No. 19-80 of the Council of the City of Bakers- field requesting the Board of Super- visors of the County of Kern to order the consolidation of two City elections, to-wit: The Nominating Municipal Election for the Office of Mayor and the Special Municipal Election for the purpose of submitting to the electors of the City an Amendment to the Charter of the City of Bakersfield, with the State of California Consolidated Primary Election to be held on Tuesday, June 3, 1980, setting forth the list of Candidates for Mayor and the exact form of the measure to be voted upon at such elections as the same are to appear on the ballot. Upon a motion by Councilman Barton, Resolution No. 19-80 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of two City elections, to-wit: The Nominating Municipal Election for the Office of Mayor and the Special Municipal Election for the purpose of submitting to the electors of the City an Amendment to the Charter of the City of Bakersfield, with the State of California Consolidated Primary Election to be held on Tuesday, June 3, 1980, setting forth the list of Candidates for Mayor and the exact form of the measure to be voted upon at such elections as the same are to appear on the ballot, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes None Absent: None HEARINGS This is the time set for public hearing before the Council on an Appeal by Clement Milazzo, Walters on behalf of Bill Wright to the decision of the Planning Commission denying their request Bakersfield, California, March 5, 1980 - Page 18 131 for an Office Building in a C-O-D (Commercial and Professional O£fice Building - Architectural Design) Zone on the certain property commonly known as 5555 Business Park South in the City of Bakersfield. This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission denied the request for an Office Building in a C-O-D Zone on January 16, 1980. Mayor Hart declared the hearing oepn for public partici- pation. Mr. Bill Wright, having a financial interest in this project, responded to questions of the Council. Principal Planner Tooker reviewed the project plans. No protests or objections being received and no one else wishing to speak in favor, Mayor Hart closed the public portion of the hearing for Council deliberation and action. After considerable discussion, upon a motion by Council- man Ratty, the request of Clement, Milazzo, Walters, on behalf of Bill Wright, for an Office Building in a C-O-D (Commercial and Professional Office Building - Architectural Design) Zone on that certain property commonly known as 5555 Business Park South in the City of Bakersfield was granted, overturning the decision of the Planning Commission, with the inclusion of a Hold Harmless Clause, by the following roll call vote: Ayes: Councilmen Strong, Barton, Payne, Ratty Noes: None Absent: None Christensen, Means, Miller, 132 Bakersfield, California, March 5, 1980 - Page 19 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:45 P.M. MAYOR~9~f e rsfield, Calif. ATTEST: CITY a Clerk of the Council of the City of Bakersfield, California mp Bakersfield, California, March 12, 1980 133 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 12, 1980. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and Invocation by Reverend William Few. The City Clerk called the roll as follows: Present: Absent: Councilmen Barton, Ratty, Mayor Hart Christensen, Means, Miller, Payne, Strong Minutes of the regular meeting of March 5, 1980 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Means, communication from the Kern Chapter of the National Red Cross, 239 - 18th Street, dated March 5, 1980, commending the City Street Department for their assistance during periods of heavy rains, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Ratty stated Stan Hatch & Parent Company, Domestic Water Consultants, at the request of the City, has sub- mitted a letter outlining the circumstances that would be appropriate for LAFCO to approve an annexation to the Olcese Water District. Approval of the addition to Olcese Water District should contain certain conditions that were recommended by the Water Board. Upon a motion by Councilman Ratty, recommended conditions to the annexation of the addition to the Olcese Water District, were approved. Councilman Christensen requested a status report on the consolidation of the City and County Fire Departments. Director of Fire & Development Services Needham stated that County Administrative Officer Holder, City Manager Bergen and County & City Fire Chiefs will be meeting Monday, March 17, 134 Bakersfield, California, March 12, 1980 - Page 2 1980, on the matter of presenting a Joint Powers Agreement to the Intergovernmental Relations Committee for submission to the Council and Board of Supervisors. The City and County are very close to an agreement. This agreement wil~ allow a study to take place, which would recommend the type of action that should be taken and the amount of savings resulting from consolidation. Councilman Christensen, referring to a memorandum from Police Chief Price, dated March 7, 1980, regarding Prostitution on Union Avenue, stated several citizens have indicated that they would rather see the Police Department spend more time on major crimes (burglary and dope), which have increased enormously in the past several months. There is no doubt that the Council appreciates receiving the Police Chief's report regarding the increase of prostitution arrests as compared to last year, however, it would be interesting for the Council to have a comparison of the burglary and robbery figures for the same period. Councilman Christensen requested that the staff bring this to the Police Chief's attention and thank him for the report on prostitution. Councilman Christensen stated, regarding the Downtown Shopping Center, that the schedule of performance indicates the developer would advance $5,000,000 to the Redevelopment Agency within 90 days after the signing of the agreement. The agreement was signed on December 12, 1979, and the 90 day period is up today:. and he asked if the $5,000,000 has been advanced to the Agency. The schedule of performance also states the Agency shall seek to issue bonds or obtain other financing sufficient to acquire the public parking facility parcel within 90 days after signing of the agreement. If the Downtown Redevelopment Agency defaults on its schedule of performance who assumes the fiscal responsibility, because the Council has been told that if there is a default there will be no assuming of the debt by the City. City Manager Bergen stated the developer has not advanced the $5,000,000. The Redevelopment Agency has not requested bids Bakersfield, California, March 12, 1980 - Page 3 135 for the sale of bonds. The Consultants will be asked to give a status report to the Council and Redevelopment Agency within the next several weeks. The City's Consultant Attorney has informed the staff the schedule in the agreement was a minimum schedule and if it takes longer for any step it would just extend the period. Regarding default, the answer received from the Attorneys is very simple; after bonds are sold if there is a default it is the bond holders that would take the risk. Councilman Christensen asked i£ there is a guarantee that the City will not lose any money in that shopping center. City Manager Bergen stated the City has the assurances of the consultants and it is a matter of law that the City tax- payer will not lose funds as a result of this project. If the project stops before the bonds are sold the funds the Agency has been spending come from tax increments and that is the basis for saying the general taxpayer will not lose money. If the City gets into the substantial expenditures, that will be required, it is the bond holder, at that stage, that takes the major risks. Councilman Christensen asked when the bonds will be sold. City Manager Bergen stated when all the preliminary work is completed, such as, appraisals and bond prospectus, etc. Further- more, it would not be recommended, with the way the bond market is today, going out to bid. It would be suggested that the Agency wait until such time as the market is more favorable for bonds. Councilman Christensen requested that City Manager and Executive Director of the Redevelopment Agency Bergen furnish the Council with a written report showing the total cash flow of tax monies coming from the entire area of all property within the Redevelopment Area boundary and that the report include other sources of money; such as, Federal, State and Local Governments. REPORTS Assistant City Manager-Finance Kelmar report on Legis- lation and Initiatives Affecting City Budget, as follows: Bakersfield, California, March 12, 1980 - Page 4 Over the last two years state-wide voter approved initiatives and a number of legislative acts have posed some serious questions regarding local government's ability, in the future, to finance its operations. As we are entering the period of budget consideration, I felt it would be helpful for the Council to understand the significance of these initiatives and legis- lative acts and how they have or may affect the City's budget. I also have a selfish motive, in that, I want the Council to understand the unknowns and uncertainties the staff is faced with relative to this upcoming budget. June 1978 - Proposition 13 was approved: (a) Properties are assessed at 1% of market with a 2% annual growth rate; existing bonded indebtedness was excluded from this 1% of market assessment. (b) Required the reassessment of all prop- erties to a 1975-76 value. (c) Required a 2/3 vote of the electorate to impose any special taxes (defined only as taxes other than property). (d) Due to assessment practices in Kern County, residents in this area did not receive the benefits anticipated as evidenced by the 70% increase in the City's secured roll for 1978-79 (this does include new construction as well). SB 154 and 2212: (a) One year legislation to implement Propo- sition 13; provided for a method to distribute property taxes and State assistance to local government to lighten impact of reduced property tax income and thus preserve services. AB 8 and 1019: (a) Represented long term financing solution to Proposition 13; shifted property taxes to local governments from the school so that cities would receive taxes as com- puted under SB 154 plus 82% of State assistance (bail-out) on a permanent basis. (b) Recognized the need to give credit to areas where development occurred in order to pay for services; resulted in greater share of property taxes from new growth going to these areas. (c) Contained deflator provision which pro- vides a method for the reduction in revenues of business inventory and Bakersfield, California, March 12, 1980 - Page 5 137 homeowner's exemption, cigarette taxes and motor vehicle in lieu to local government where the State's income falls below certain prescribed levels. June, 1979 - Proposition 4: (a) Establishes annual appropriations limit for certain revenues based on appropria- tions for prior fiscal year adjusted for changes in cost-of-living and population. (b) Allows for voters to modify limits. (c) Requires revenues in excess of appropria- tions permitted by this measure to be returned by revision of tax rates or fee schedules within the next two fiscal years following the year of excess. (d) Poses a great many problems from a tech- nical standpoint as to its administration; League of California Cities has had legislation introduced to clarify all the many questions; it is not possible as a result to determine the position of the City as to this initiative until all these points are clarified. Now facing - Proposition 9 in June, 1980: (a) Cuts State Income Tax by 50%. (b) Fully indexes State Income Tax permanently. (c) Eliminates Business Inventory Tax. (d) Great deal of discussion and writings regarding the effect on State government due to the large loss of revenue; could affect local government as deflator mechanism in AB 8 could be triggered or could reverse tax shift provided for in AB 8 to help make up lost revenue; a great deal of uncertainty exists as it is completely unknown as to what the legislature will do. (e) Impact on 1980-81 budgets could be minimal as State has indicated they will have more funds than anticipated available for 1980- 81 and legislation has been introduced to change effective date, if it passes, from January 1, 1980 to June 4, 1980 (which will lessen amount of loss); however full impact (whatever it may be) probably will not be felt until 1981-82 budget year. All of these unknowns and uncertainties brings us to the City's refuse collection charge, which was suspended by the Council in June, 1979, for eleven months. If the Council does not act by then it will automatically come back in effect. The Council also indicated the charge 138 Bakersfield, California, March 12, 1980 - Page 6 No. 80-1 follows: should be reviewed in January, 1980 in relation to the City's financial picture. Due to the uncertainties and unknowns which exist in relation to the initiatives, pending approval of the Proposition 4 implementation bill and the existing economic conditions in the area, I would suggest the Council take no action at this time on the refuse charge, but wait another month or so, until the financial picture becomes clearer. Councilman Ratty, member of the Water Board, read Report regarding Acquisition of the Fairhaven Water System, as The Fairhaven Water System will be located on the westside of Highway 99 and Rosedale Highway, and will initially serve 530 acres of in- corporated and unincorporated land. (See attached Staff report). Building in this area is currently being restricted due to inadequate supply of water for fire protection. As a result landowners in the County formed the Fairhaven Industrial Fire Protection District to provide adequate fire flows and domestic water. Landowners in the incorporated areas requested that the City provide a similar level of service. Therefore, the City entered into discussions with the Fairhaven Industrial Fire Protection District and Fairhaven Mutual Water Company to combine the water services for efficient operations. As a result of these discussions the District and Company have requested that the City assume ownership operation of the completed project. The Fairhaven Industrial Fire Protection District will finance and construct the initial project, at a cost of $3.1 million, with assessment bonds at $5,900.00 per acre. The City will make re- funds on the assessment bond principle in the amount of $1,400.00 per acre for excess capacity of the system; plus an additional $900.00 per acre if the area annexes to the City and if all of the water users agree to restricted use of their private wells. These refunds would be financed with a developers fee, an Economic Development Administration Grant, and metered water revenues. No general funds of the City will be used. In addition the City would acquire a portion of the California Water Service Area at a cost of $200,000.00; this money would be loaned to the Fairhaven Water System from Bakersfield City Water Enterprise funds. The operation and maintenance of this system will be contracted out to California Water Service Company, similar to the contract for Bakersfield, California, March 12, 1980 - Page 139 City's Ashe Water System. Management of this contract will be handled by the City's Domestic Water Staff. Recommendations of Approval: The Water Board considers this as a necessary step in providing water for the future develop- ment of this area and recommends the Council accept this report, approve agreement and authorize the Mayor to execute the agreement. Upon a motion by Councilman Ratty, Water Board Report No. 80-1 regarding Acquisition of the Fairhaven Water System, was accepted. matter. Councilman Christensen abstained from voting on this Upon a motion by Councilman Ratty, Agreement with Fair- haven Industrial Fire Protection District and Fairhaven Mutual Water Company for the acquisition, construction, operation and financing of the Fairhaven Water Distribution System, was approved and the Mayor was authorized to execute same. Director of Fire & Development Services Needham recommended a policy to the Council regarding formal processing of annexations until the budget picture becomes clearer. After discussion, upon a motion by Councilman Strong, Director of Fire & Development Services Needham was directed to submit the request regarding processing annexations in writing to the Council for action next week. Director of Fire & Development Services Needham stated that it has been suggested the next Workshop Session between the Council and Planning Commission be set for Tuesday, April 8, 1980, at 7:00 P.M., in the Venus Room of the Civic Auditorium. Upon a motion by Councilman Christensen, Workshop Session between the Council and Planning Commission was set for Tuesday, April 8, 1980, at 7:00 P.M., in the Venus Room of the Civic Auditorium. Auditorium-Recreation Manager Graviss stated that at last week's Council Meeting an offer was received from Mrs. Louise B. Armstrong for a collection of art objects and this offer was 140 Bakersfield, California, March 12, 1980 - Page 8 referred to the Auditorium-Recreation Committee. That Committee met today and decided since the Bakersfield Art Commission is operating the Art Gallery, under contract with the City, it would be more appropriate to refer this offer to them. Upon a motion by Councilman Christensen, offer of Mrs. Louise B. Armstrong of a collection of art objects, was referred to the Bakersfield Art Commission for study and recommendation. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4690 to 4801, inclusive, in the amount of $352,927.04. (b) Grant Deeds from Tenneco Realty Develop- ment Corporation providing drainage sumps located west of Manning Street, north of Ming Avenue and at the southwest corner of Half Moon Drive and Savory Lane. (c) Grant of Right-of-Way from Southern Pacific Transportation Company providing the City with the right to construct an underpass across railroad property at the inter- section of Chester Avenue and Southern Pacific Railroad. (d) Pedestrian Easement from Tenneco Realty Development Corporation providing for a pedestrian easement between Stolle Court and North Half Moon Drive in Tract No. 4142, which is located west of Ashe Road and north of North Half Moon Drive. (e) Application for Encroachment Permit from Tom Powelson and Bob Powelson, 1505 Longway Lane, for construction of a 4 foot masonry and grape stake fence on top of a 2 foot retaining wall, 2 feet behind back of sidewalk along Sly Lane at the northwest corner of Sly Lane and Longway Lane. (f) Notices of Completion and Acceptance of Work for: Tract No. 3617, Contract No. 78-134 with Daon Corporation, located at Pacheco Road and Union Avenue. Tract No. 4080, Contract No. 79-133 with Tenneco Realty Development Corporation, located at North Laurelglen Boulevard and E1 Portal Drive. Tract No. 3911 (C), with Westwind III, and Fjord Street. Contract No. 78-122 located at Gemini Court Bakersfield, California, March 12, 1980 - Page 9 141 (d), (e), by the Ayes: (g) Parcel Map No. 4905, Contract Nos. 79-2 and 79-49 with Lawton Powers, located at the northwest corner of Wible Road and White Lane. (h) Plans and Specifications for construction of Christmas Tree Lane resurfacing, Mr. Vernon Avenue to Wenatchee Avenue and Geneva Avenue reconstruction. Request from J. Stanley Antongiovanni for annexation of property located along Panama Lane between Gosford Road and Stine Road. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, Items (a), (b), (c), (f), (g) and (h) of the Consent Calendar, were adopted following roll call vote: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Miller, low bid of Pacific Southwest Landscaping for construction of University Park Irrigation System, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Miller, low bid of J. L. Denio for the Base and Alternate A on construction of the Benton- Holden Storm Drain, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price for ten Mobile Radios for the Fire Department with Motorola Communications. Upon a motion by Councilman Strong, high bid of St. Peter's Church for Surplus Property on East Brundage Lane, in the amount of $23,925.00, was accepted, the other bid rejected, and the Mayor was authorized to execute the Quitclaim Deed. 14:2 Bakersfield, California, March 12, 1980 - Page l0 Upon a motion by Councilman Miller, bid of Thomas W. and Patricia M. Smith for Surplus Property at the City Landfill property adjacent to Lot 19, Tract No. 3250, in the amount of $5,250.00, was accepted and the Mayor was authorized to execute the Quitclaim Deed. A deed restriction will be placed upon the property to the effect that no buildings or structures of any kind can be constructed thereon. DEFERRED BUSINESS Adoption of Ordinance No. 2550 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2217 "E" Street. The application for this amendment was made by Robert B. Lumis and would change subject Multiple Family Dwelling) Zone to fessional Office) Zone. The Planning Commission property from an R-3 (Limited a C-O (Commercial and Pro- approved the C-O zoning, as Ayes: Noes: None Absent: None requested, advertised and reviewed, with the application of the "D" Design Overlay. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2550 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2217 "E" Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Adoption of Resolution No. 20-80 of the Council of the City of Bakers- field amending the Rate Schedule pursuant to Section 7.66.170 of the Municipal Code, applicable to Towing Service in response to Police Dis- patch. Bakersfield, California, March 12, 1980 - Page ll 143 This resolution was requested by the Business Development and Parking Committee at the Council Meeting of March 5, 1980. Upon a motion by Councilman Christensen, Resolution No. 20-80 of the Council of the City of Bakersfield amending the Rate Schedule pursuant to Section 7.66.170 of the Municipal Code, applicable to Towing Service in response to Police Dispatch, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Ratty, Strong Noes: None Absent: None Means, Miller, Payne, NEW BUSINESS First reading of an Ordinance o£ the Council of the City of Bakersfield adding Section 17.52.250 to Chapter 17.52 of Title 17 of the Municipal Code of the City of Bakersfield concerning required distance sepa- rations between human occupancy uses and uses of property involving the use of Derricks and amending Section 17.36.020 (f) (1), 17.46.040 (c) (4), 17.48.020 (c) (14) and 17.48.020 (d), relating thereto. This proposed amendment was approved by the Planning Commission on March 5, 1980 and would restrict and regulate location of certain types of uses for the purposes of providing for the safety of the people of the City of Bakersfield concerning required distance separations between human occupancy uses and uses of property involving the use of derricks. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 17.52.250 to Chapter 17.52 of Title 17 of the Municipal Code of the City of Bakersfield concerning required distance separations between human occupancy uses and uses of property involving the use of Derricks and amending Sections 17.36.020 (f) (1), 17.46.040 (c) (4), 17.48.020 (c) (14) and 17.48.020 (d), relating thereto. 144 Bakersfield, California, March 12, 1980 - Page 12 Adoption of Resolution No. 21-80 of the Council of the City of Bakers- field supporting Senate Bill 1827 amending the State Laws relating to Pornography and the Abatement of Pornographic Matter. This Senate Bill is the result of the legislation pro- posed by the District Attorney's Office after having been requested by the City Council on January 30, 1980. Upon a motion by Councilman Ratty, Resolution No. 21-80 of the Council of the City of Bakersfield supporting Senate Bill 1827 amending the State Laws relating to Pornography and the Abatement of Pornographic Matter, to be State Ayes: of California, was adopted by the Councilmen Barton, Christensen, Ratty, Strong Noes: None Absent: None sent to all cities in the following roll call vote: Means, Miller, Payne, Approval of Agreement with California Water Service Company to upgrade Fire System along Wilkins Street between Milham Drive and Clyde Street. As part of the neighborhood revitalization activities southeast portion of the City, upgrading of the fire in the protection system is an integral segment. This agreement is to install four hydrants and approximately three blocks of improved fire flow equipment. The Engineer's estimate is $100,000 to be paid by Community Development Block Grant funds. Upon a motion by Councilman Strong, Agreement with California Water Service Company to upgrade Fire System along Wilkins Street between Milham Drive and Clyde Street, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City and State of California, De- partment of Transportation, providing the terms and conditions for allocation of funds from the State Grade Separation Fund for construction of the Chester Avenue- Southern Pacific Underpass. 145 Bakersfield, California, March 12, 1980 - Page 13 The allocation is in the amount of $2,134,000, which is 80% of the estimated project cost indicated in the nomination. Upon a motion by Councilman Christensen, Agreement between the City and State of California, Department of Transportation, providing the terms and conditions for allocation of funds from the State Grade Separation Fund for construction of the Chester Avenue- Southern Pacific Underpass, was approved and the Mayor was authorized to execute same. Approval of Engineering Services Agreement between the City and BPW Engineers, a Corporation, providing the terms and conditions for the study and design of a joint drainage system in conjunction with the Grade Separation Project proposed at the Chester Avenue/Southern Pacific Railroad intersection. This project will alleviate the flooding problem at the traffic circle and wil2 possibly eliminate the need for the existing drainage sump at 32nd Street and "K" Street. Total cost of the joint study and design is $26,000. The estimated cost of the City's share is $10,000. The remaining $16,000 will be funded as part of the District project cost and will be funded using the State Grade Separation funds. Funds for the City's share of the cost are available in the current budget. Upon a motion by Councilman Ratty, Engineering Services Agreement between the City and BPW Engineers, a Corporation, pro- viding the terms and conditions for the study and design of a joint drainage system in conjunction with the Grade Separation District Project proposed at the Chester Avenue/Southern Pacific Railroad intersection, was approved and the Mayor was authorized to execute same. Referral of Amendment to City-County Agreement for the operation of the Bakersfield Landfill to Business Development and Parking Committee. The County is requesting the Sanitary Landfill Agreement be amended to permit the County the right to open or close the 146 Bakersfield, California, March 12, 1980 - Page 14 Panorama Drive entrance for ingress of covered refuse trucks operated exclusively by franchised garbage collectors. If this request is approved, the collectors will be permitted to use the Panorama Drive entrance only between 8:00 A.M. and 7:00 P.M. It is estimated that 33,000 gallons of fuel annually could be saved as a result of this amendment. Upon a motion by Councilman Miller, Amendment to City- County Agreement for the operation of the Bakersfield Landfill, was referred to the Business Development and Parking Committee. Approval of Consultant Contract with Ms. Nina Byrne for Comprehensive Energy Conservation Study under funds received from Kern COG. On January 16, 1980, the City Council approved the sub- mittal of a proposal to Kern COG for the purpose of making a comprehensive study of energy/energy conservation issues. The proposal was subsequently approved by the Kern COG Board of Directors, and the City was directed to submit a final work plan so that the funds may be disbursed. In the review of the tasks identified within the pro- posal and in light of the modest amount of the grant, a plan has been formulated wherein an organization or consultant will be selected to coordinate the wide range of activities required under the grant and to act in a liaison capacity between the City administrative staff and other participants in this activity. Several organizations and individuals were interviewed for the purpose of securing this staff support. Of those inter- viewed, Ms. Nina Byrne was selected as the best qualified individual for accomplishing those tasks. The subject contract will be for a six-month period at a total cost of $8,250 with a six-month option at an additional cost of $9,075. A 30-day cancellation clause is included, with either the City or applicant capable of terminating the contract on a 30-day notice. Funds for this contract are to be disbursed at bi-weekly intervals. 147 Bakersfield, California, March 12, 1980 - Page 15 Upon a motion by Councilman Means, Consultant Contract with Ms. Nina Byrne for Comprehensive Energy Conservation Study under funds received from Kern COG, was approved and the Mayor was authorized to execute same. Approval of Program Supplement No. l0 to Local Agency-State Agreement No. 06-5109 for the City of Bakers- field's proposed Federal-Aid Safer- Off System Project SOS-029(5) on Geneva Avenue and Christmas Tree Lane. This agreement will provide Federal funds and State matching funds, in the amount of $101,000, for reconstructing Geneva Avenue and resurfacing a portion of Christmas Tree Lane. The Engineer's estimate for the project is $117,000. Funds are budgeted in the current fiscal year for the City's share of the project cost. Upon a motion by Councilman Miller, Program Supplement No. 10 to Local Agency-State Agreement No. 06-5109 for the City of Bakersfield's proposed Federal-Aid Safer-Off System Project SOS-029(5) on Geneva Avenue and Christmas Tree Lane, was approved and the Mayor was authorized to execute same. Approval of Agreement with Nicholas Counter III, City's Chief Negotiator, for employee negotiations for Fiscal Year 1980-81. Councilman Strong stated a letter has been received from Nicholas Counter III setting forth the basis for continuing to be retained to conduct labor negotiations on behalf of the City of Bakersfield. This agreement calls for the present retainer arrangement to be extended for another one year period at a monthly rate of $1,150.00, which is an increase of $150.00 per month over last year's agreement. Upon a motion by Councilman Strong, Agreement with Nicholas Counter III, City's Chief Negotiator, for employee negotiations for Fiscal Year 1980-81, at a monthly rate of $1,150.00, / was approved and the Mayor was authorized to execute same. 148 Bakersfield, California, March 12, 1980 - Page 16 HEARINGS This is the time set for staff evaluation of protests received during public hearing on the annexation of uninhabited territory known as Fairview No. 1. The public portion of this hearing was closed at the Council Meeting of February 13, 1980, and continued for 30 days in order to allow the staff time to evaluate the protests. This is an uninhabited annexation containing 477.8+ acres of land located on the south side of Fairview Road, approxi- mately ¼ mile east of South "H" Street. Director of Fire & Development Services Needham stated staff has determined that a majority protest has not been made to the annexation of Fairview No. l, based on all the information available. City Attorney Hoagland stated the protests made were evaluated and it was determined that they were insufficient, based on all the information, including that proposed by the protestor or the County Assessor. Councilman Miller made a motion to adopt the resolution making finding that a majority protest has not been made and ordering the territory designated as Proceeding No. 708, Annexation No. 280 (Fairview No. 1) annexed to the City of Bakersfield. Mr. Ronald Sponberg, representing Atlantic Richfield Company, 4121 South "H" Street, stated he made it clear during the public hearing held February 13, 1980, that their presentation of information as to the value of the protest was not yet com- pleted and objected to the Council making a decision without giving Atlantic Richfield a chance to substantiate their evidence. City Attorney Hoagland stated the method used by the County Assessor, and the staff firmly believes it to be the correct way as opposed to the method proposed by Atlantic Richfield, the value of the property protesting the annexation was 47.73%. Taking Bakersfield, California, March 12, 1980 - Page 17 149 the valuation as proposed by Atlantic Richfield, which the staff felt was not the correct method and has no justification for authority, came to 49.27% protest. The Attorney for Atlantic Richfield did not take into consideration the valuation of any utilities, Southern Pacific Railroad, drainage easements, sewer easements and canals. City Attorney Hoagland stated a continuance might be in order because this issue will not be settled tonight. Councilman Miller withdrew his motion to adopt the resolution making finding that a majority protest has not been made and ordering the territory designated as Proceeding No. 708, Annexation No. 280 (Fairview No. l) annexed to the City of Bakers- field. During discussion, City Attorney Hoagland stated the staff has informed him that a 30 day continuance of this matter might be needed. Mr. Paul Tichenor, land owner in the proposed annexation area and representing M.T.L. Development Company, a proponent of the annexation, stated this annexation has been going through the various hearings, etc., for about a year and Atlantic Richfield has continually sought to delay the proceedings and they object to these delays. Councilman Strong made a motion to continue the proceedings for the annexation of Fairview No. 1 for 30 days. City Attorney Hoagland stated he is satisfied, from a legal standpoint, that the County Assessor is correct and Atlantic Richfield is incorrect and based upon the figures submitted to LAFCO he would be willing to recommend approval tonight. Councilman Payne stated he would like a recess to try and resolve this matter with Atlantic Richfield tonight. Councilman Strong withdrew his motion to continue the proceedings for the annexation of Fairview No. 1 for 30 days. 150 Bakersfield, California, March 12, 1980 - Page 18 Upon a motion by Councilman Payne, a brief recess was declared at 10:15 P.M. and the meeting was reconvened at 10:30 P.~. City Attorney Haogland stated the staff and Atlantic Richfield did not come to any resolution, there would have to be a more indepth analysis on the matter and he still feels the proponents have over 50% of the value. Upon a motion by Councilman Miller, Resolution No. 22-80 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Proceeding No. 708, Annexation No. 280 (Fairview No. l) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong Noes: Councilman Barton Absent: None Abstaining: Councilman Christensen Councilman Barton, in clarifying his negative vote, stated he based his vote on the City Attorney's opinion that this matter would probably end up in litigation and he felt it would be unwise at this time. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "College No. 3," 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 112 + acres of uninhabited land located north of Niles Street, south of College Street, west of State Route 184 and east of Valencia Drive. 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. Bakersfield, California, March 12, 1980 - Page Upon a motion by Councilman Payne, Resolution No. 23-80 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Proceeding No. 706, Annexation No. 279 (College No. 3), annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Councilman Strong stated that due to a real or imaginary conflict of interest he would not participate in the following hearing. This is the time set for public hearing before the Council on an Appeal by E. A. Bender to the decision of the Planning Com- mission granting the application of Michael Callagy to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-S (Residential-Suburban) Zone, affecting those certain properties in the City of Bakersfield located northwest of the Watts Drive and Madison Street intersection. This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission approved the R-S zoning, approved the negative declaration, and found the zoning would be consistent with the Land Use Element of the Bakersfield Metropolitan General Plan. A letter has been received from Michael J. Callagy, on behalf of Chandler Construction, dated March 12, 1980, requesting that this hearing be continued unti~ such time as the appeal hearing on the subdivision connected with this zone change is scheduled. Vice-Mayor Barton declared the hearing open for public participation. ]_52 Bakersfield, California, March 12, 1980 - Page 20 Mr. William Kuhs, Attorney representing the appellant Bakersfield Airpark, Inc., stated the proposed zoning, as well as the existing zoning, is entirely inconsistent with the land uses within the area. There is a serious noise problem in this area. Mr. Kuhs urged that the Council place a moratorium on this project and a study be conducted on the incompatible land uses existing in the General Plan in this area. The present Land Use Element provides for low-density residential uses next to an airport. Mr. Bruce Jacobson, representing Jacobson Brothers Truck Parts on Union Avenue, stated their main concern is that Bakers- field Airpark continue to operate in a viable manner and that nothing be done that would limit its growth. The bottom line in this matter is the compatibility of a residential structure with an existing airport facility. All the property on the westerly boundaries of the airport are industrial or heavy commercial. Mr. James R. Bozarth, user of Bakersfield Airpark and resident of the City of Bakersfield, expressed his concern for the need for the airpark now and in the future. Residential housing and airplanes do not mix and there are other places where homes can be built. This property can be used more appropriately in another way. Mr. Bozarth stated one of his main concerns is the noise element. Mr. Don Chandler, developer of the property, stated noise has not proven to be a factor and the future development of the airpark is highly speculative. The traffic pattern of this air- port is to the west and does not cross the property being requested for rezoning to R-S. Mr. Chandler stated he did not feel this residential development is a threat to the airpark and requested that the Council grant the rezoning. No further protests or objections being received and no one else wishing to speak in favor, Vice-Mayor Barton closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, March 12, 1980 - Page 21 During discussion, Mr. Bill Thiessen, Senior Sanitarian for the Kern County Health Department, stated his speciality is community noise and he conducts almost all the noise work for the Kern County Planning Department and whoever may need this service. Mr. Thiessen stated if anyone has questions on how he performed this noise study he would be happy to answer them. Mr. Thiessen then answered questions of Councilman Ratty on how the Noise Study was conducted on Bakersfield Airpark. During a lengthy discussion, Councilman Ratty made a motion that a moratorium be placed on R-S and R-1 development in this tract until a complete study for a General Plan zone change can be accomplished to make it compatible with the airpark. Councilman Miller o£fered a substitute motion that the public hearing before the Council on an Appeal by E. A. Bender to the decision of the Planning Commission granting the application of Michael Callagy to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-S (Residential-Suburban) Zone, affecting those certain properties in the City of Bakersfield located northwest of the Watts Drive and Madison Street intersection, be continued until the Council Meeting of April 2, 1980, so that it can be considered at the same time as the Appeal by E. A. Bender regarding Tentative Subdivision Tract No. 4312 Revised, located north of Watts Drive, west of Madison Street. The substitute motion was approved with Councilman Ratty voting in the negative. Council- man Strong was not in attendance during this hearing. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Miller, the meeting was adjourned at 11:40 P.M. V~-MAYOR o~ the City o£ Bakersfield, Calif. ATTEST:~ ~ CITY CL~RK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma 154 Bakersfield, California, March 19, 1980 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, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Means, Miller, Absent: None Payne, Ratty, Strong, Barton COUNCIL MEETING MINUTES Councilman Christensen requested an explanation as to why the Council Meeting Minutes have not been completed in time to insert in the Council packets and made a motion that minutes not be approved at the following Council Meeting unless copies are included in the packets. Assistant City Manager-Personnel Russell stated he did not know why the minutes have not been completed in time for the Council packets, but he would investigate and report back to the Council. Councilman Christensen stated he would hold his motion in abeyance until an explanation has been received from staff. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Charles Pence, 7015 Olive Drive, dated March 12, 1980, requesting that a portion of East 19th Street, extending 175 feet west of Owens Street, be made a one-way street, was received and referred to the Tra£fic Authority for study and recommendation. Upon a motion by Councilman Payne, communication from Maurice J. McDonald, 3700 Century Drive, dated March 13, 1980, commending the Police Department for working with residents of his neighborhood on the Neighborhood Block Watch Program, was received, ordered placed on file and a copy forwarded to the Police Department. 155 Bakersfield, California, March 19, 1980 - Page 2 COUNCIL STATEMENTS Upon a motion by Councilman Ratty, the Planning Commission was requested to review and study the possibility of forming an Advisory Architectural Review Commission for the evaluation of energy saving designs that they are approving, such as, tract maps, buildings, etc., and report back to the Council with a recommendation. Councilman Payne commented on a memorandum directed to the City Manager from the Police Chief, dated March 17, 1980, regarding an explanation as to the amount of time and manpower spent on the fight against prostitution. Councilman Payne stated the Bakersfield Police Department is doing an excellent job, not only in fighting prostitution, but in fighting major crimes; and he would like to see these efforts continue with the Council's continued support rather than criticism. Councilman Miller stated that he and the staff are investigating the formation of a Public Improvement District that will take into consideration the construction of an access road to homes located within the uninhabited area of the Rio Bravo Annexation. Councilman Barton requested that the City Attorney pro- vide the Council with a status report, by next week's Council Meeting, on AB 2046 and AB 1986 regarding the prohibition of the sale of drug paraphernalia to minors; and if appropriate, at that time, a request will be made that the Council support those Assembly Bills. Councilman Barton also requested that the City Attorney furnish each Councilman with a legal digest or opinion of the bills so they can be read prior to next week's meeting. Councilman Barton requested staff to investigate the possibility of synchronizing tra£fic signals along some of the City's major streets ("H" Street, Chester Avenue, etc.), to eliminate some of the stop and go traffic, and report back to the Council. Bakersfield, California, March 19, 1980 - Page 3 Councilman Christensen asked for an apology from Council- man Payne because he felt Councilman Payne's statement, regarding Chief Price's memorandum on the fight against prostifution, inferred some member of this Council favored prostitution. Councilman Payne stated that he did not infer that. What was stated, is that, as a body, he hoped the Council would continue to support the Bakersfield Police Department and he is offended by the fact that the Council condemns them rather than commending them for the fine things they do. Councilman Means stated he furnished copies of a memorandum regarding Councilman Ratty's inquiry about financing for street improvements and it is hoped this will provide a basis for discussion. Councilman Means stated that as a member of Kern COG he has learned there are funds available for a Bike-Path Study and he would request Council support in securing a grant from Kern COG to establish a system o£ Bike-Paths in the Greater Bakersfield Metropolitan Area. Councilman Means requested that staff report to the Intergovernmental done to secure the grant Council within two weeks. Councilman Barton stated Relations Committee on what needs to be from Kern COG and report back to the there is a Bikeway Steering Committee in Kern COG and made a motion that Councilman Ratty, Chairman of the Intergovernmental Relations Committee, be appointed to serve on that committee. This motion was unanimously approved. Upon a motion by Councilman Miller, request of Council- man Means that the staff make a report to the Intergovernmental Relations Committee regarding securing a grant from Kern COG for a Bike-Path System Study in the Greater Bakersfield Metropolitan Area and this matter be referred to the Intergovernmental Relations Committee for appropriate action, was approved. Bakersfield, California, March 19, 1980 - Page 4 157 Mayor Hart announced that Councilmen Barton, Means and Ratty will be representing the Council on the Zoning Ordinance Review Advisory Committee. CONSENT CALENDAR The (a) (b) (c) following items were listed on the Consent Calendar: Allowance of Claims Nos. 4802 to 5002, inclusive, in the amount of $246,518.46. Claim for Injuries and Damages from Benjamin K. Carter, P.O. Box 2034, Bakersfield. (Refer to City Attorney) Claim for Injuries and Damages from Theodora S. Allen on behalf of Vernon Parker, c/o George A. Boyle, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (d) (e) Claim for Damages from Union Oil Company of California. (Refer to City Attorney) Claim for Damages from Robert Gillespie, 324 North Real Road, Bakersfield. (Refer to City Attorney) (f) (g) Application for Leave to Present Late Claim for Personal Injuries from Dorothy Jeanne Padilla, 2813~ Kentucky Street, Bakersfield. (Refer to City Attorney) Application for Leave to Present Late Claim for Personal Injuries from Sarafina F. Di Giorgio, 1304 Dodge Avenue, Bakers- field. (Refer to City Attorney) (h) Grant Deed, Storm Drain Easement and Road Easement from Tenneco Realty Development Corporation providing for a drainage sump and access road, an easement for storm drain purposes and dedication of White Lane, Ashe Road, Collins Court and District Boulevard, as required by the Planning Commission for Parcel Map No. 5656, located between Ashe Road and Stine Canal south of White Lane. (i) Map of Tract No. 3795 "B" and Improvement Agreement with Hinesley Brothers Construction, for improvements therein, located south of College Avenue west of Fairfax Road. (J) Notice of Completion and Acceptance of Work on CBK Station No. l, Pumphouse at Ashe Road and Club View Drive, Contract No. 79-131 with Colombo Construction Company, Inc. 158 Bakersfield, California, March 19, 1980 - Page 5 (k) Plans and Specifications for construction of Sanitary Sewer in James Street and "Q" Street. (1) Amendment No. 1 to Southeast Bakersfield Wastewater Treatment Facilities Consolida- tion Corporation and City of Bakersfield Lease and Sublease providing for a correction in the maximum annual rental figure. Upon a motion by Councilman Miller, 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 Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, bids of Three Way Chevrolet for 3/4 Ton Pickup and Jim Burke Ford for 3/4 Ton Cab and Chassis, were accepted and all other bids rejected. Upon a motion by Councilman Ratty, low bid of Jim Alfter for Schedule A for construction of Sidewalk Wheelchair Ramps near San Joaquin Community Hospital, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2551 New Series of the Council of the City of Bakersfield adding Section 17.52.250 to Chapter 17.52 of Title 17 of the Municipal Code of the City of Bakers- field concerning required distance separations between human occupancy uses and uses of property involving the use of Derricks and amending Sections 17.36.020 (f) (1), 17.46.040 (c) (4), 17.48.020 (c) (14) and 17.46.020 (d), relating thereto. Upon a motion by Councilman Payne, Ordinance No. 2551 New Series of the Council of the City of Bakersfield adding Section 17.52.250 to Chapter 17.52 of Title 17 of the Municipal Code of the City of Bakersfield concerning required distance separations between human occupancy uses and uses of property involving the Bakersfield, California, March 19, 1980 - Page 6 159 use of Derricks and amending Sections 17.36.020 (f) (1), 17.46.040 (c) (4), 17.48.020 (c) (14)and 17.48.020 (d), relating thereto, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes None Absent: None Approval of Annexation Policy. The following memorandum was submitted to the Council from the Director of Fire & Development Services, dated March 17, 1980, regarding the City Ceuncil's request to reduce oral report on Annexation to writing: The following is the report read from prepared notes at the Council Meeting of March 12, 1980. REPORT Due to the passage of Proposition 13, Proposition 4, AB-8, the prospect of future initiatives, the staff has for several months had concerns regarding the cost of services in relation to revenue generated for new developments and annexations in our City. As a result of this concern, staff requested this matter be referred to a committee at the January 30 Council Meeting and it was subsequently referred to the Budget Review and Finance Committee, who presently have the matter under study. A report by the committee will be forthcoming to the Council after the committee has an opportunity to meet again and further discuss and study the matter to arrive at an informed decision. Staff's immediate concern is that the financial picture of the City is very unclear at this time. Staff therefore recommends that the City continue to accept applications for annexations, but not formally process them until the budget picture becomes clearer and the results of the Budget Review and Finance Committee's study on a cost-revenue analysis is available. Staff respectfully requests Council authori- zation to follow this process. Upon a motion by Councilman Strong, applications for annexations will continue to be accepted by the City Council, but not formally processed until the budget picture becomes clearer 160 Bakersfield, California, March 19, 1980 - Page 7 and the results of the Budget Review and Finance Committee's study on a cost-revenue analysis is available. NEW BUSINESS 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 those certain properties in the City of Bakersfield located on both sides of Dunsmuir Road, north of Business Center Drive; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by W. Watson Company and would change subject property from an "A" (Agricultural 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 those certain properties in the City of Bakersfield located on both sides of Dunsmuir Road, north of Business Center Drive; and making findings in connection with a 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 those certain properties in the City of Bakersfield located along the south- east side of the Stine Canal, between Wilson Road and New Stine Road. The application for this amendment was made by Thomas S. Kelly and would change subject properties from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) and C-O-D (Commercial and Professional Office - Architectural Design), or more restrictive Zones. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located along the southeast side of the Stine Canal, between Wilson Road and New Stine Road. Bakersfield, California, March 19, 1980 - Page 8 161 Adoption of Resolution No. 24-80 of the Council of the City of Bakers- field consenting to inclusion of Land of Assessment District Boundaries within the boundaries of the City of Bakersfield. This resolution allows 70 ~ acres within the City Limits to be assessed for the water system improvements, as agreed to by the Council in the "Agreement for the Acquisition, Construction, Operation and Financing of the Fairhaven Water Distribution System." The City of Bakersfield Water Board approved the action on March 5, 1980, and Council approved the action on March 12, 1980. Upon a motion by Councilman Ratty, Resolution No. 24-80 of the Council of the City of Bakersfield consenting to inclusion of Land of Assessment District Boundaries within the boundaries of the City of Bakersfield, was adopted by the following roll call vote: Ayes Noes: Absent: Abstaining: Councilmen Means, Miller, Payne, Ratty, Strong, Barton None None Councilman Christensen Approval of Modification to Contract with Carpenter's Local 743 and County CETA extending existing Community Development Repair Program through September 30, 1980. Sufficient Community Development Funds remain in the activity account to cover expenditures during this period. Councilman Christensen stated due to a real or imaginary conflict of interest he would abstain from voting on this matter. Upon a motion by Councilman Means, Modification to Contract with Carpenter's Local 743 and County CETA extending existing Community Development Repair Program through September 30, 1980, was approved and the Mayor was authorized to execute same. Councilman Christensen requested the Clerk to prepare a verbatim transcript of all the dialogue between him and Councilman Payne regarding Chief Price's memorandum on prostitution. 162 Bakersfield, California, March 19, 1980 - Page 9 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:35 P.M. ATTEST: H. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ANT CITY CLERK ma Bakersfield, California, March 26, 1980 163 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 26, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge o£ Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. None Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Absent: Minutes of the regular meetings of March 12 and 19, ~980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Frank Waterhouse, District Environmental Planner for the State Department of Transportation, reported the results of the public hearing and demonstration on the Noise Barrier Wall Caltrans plans to build on the east side of Highway 99 between White Lane and Planz Road indicated the residents are in favor of it. Caltrans expects to begin construction after July 1, 1980. Mr. Rollie Moore, 5917 Knudsen Street, representing the Institute for Basic Youths Conflicts, a nonprofit organization, stated that each year they present a one week seminar based on biblical principles to build character, bond marriages and assist parents and children in understanding each other. Texts covering these principles are made available to families, at cost, without profit to this organization. Mr. ~{oore requested that the Council approve an amendment or variance to allow the sale of their publi- cations without the 25% surcharge required at the Civic Auditorium. Auditorium-Recreation Manager Graviss stated the City has a contract with a concessionaire which requires the receipt of 25% of gross sales on any item sold at the Civic Auditorium, of that the City receives 39%. consessionaire and he does not in the contract. Mr. Moore has contacted the want to give up the 25% as stipulated 164 Bakersfield, California, March 26, 1980 - Page 2 Mr. Jack Lund, volunteer for the Institute for Basic Youths Conflicts, requested that this matter be referred to the Auditorium-Recreation Committee. Mayor Hart stated they are welcome to take this matter to the Auditorium-Recreation Committee, however, the Council is bound by a contract with the concessionaire. Mr. Louie Vega, 3113 Baylor Street, representing the Campaign for Economic Democracy, requested that the Council con- duct a feasibility study for Solar Energy Development. Kern County Supervisor Trice Harvey, Chairman of the Kern County Olympic Proposal Committee, read the following draft resolution: WHEREAS: (a) In the Los Angeles Olympic Organizing Committee's development of the program for presentations of the 1984 Olympics it has become apparent that in the immediate Los Angeles area there is not an existing facility adequate for putting on the rowing events or the flat water canoeing and slalom whitewater racing events for kayaks and canoes should that event be included in the 1984 Olympiad; and the City of San Diego has offered their Mission Bay facilities for the rowing event and that this location has been evaluated as inferior by some rowing experts; and (b) To establish facilities for all of these events in the immediate Los Angeles area would require the expenditure of many millions of dollars, it having been estimated that a capital expenditure of some SIXTEEN MILLION DOLLARS ($16,000,000.00) would be to establish just a rowing course in the Sepulveda Basin alone; and (c) Even if funds are made available for a rowing course in the Sepulveda Basin, there are strong objections to the establishment of such a facility by the people living in the nearby areas who feel that this would be an improper use of that Basin; and (d) The Los Angeles Olympic Organizing Com- mittee has adopted a policy not to expend money for facilities that cannot be economically justified, and the Los Angeles Olympic Organizing Committee has also adopted a policy wherein facilities will not be established in areas where the nearby citizens of Los Angeles object to them; and Bakersfield, California, March 26, 1980 - Page 3 (e) Kern County has existing facilities which meet all the requirements for rowing events, flatwater canoeing and slalom whitewater racing for kayaks and canoes; and (f) Kern County has extended a helping hand to the Los Angeles Olympic Organizing Committee by making available for the 1984 Olympics a rowing course at the Buena Vista Aquatic Park and a slalom whitewater racing course on the Kern River just downstream from the mouth of the Kern River Canyon and Lake Ming; and (g) The distance between Los Angeles and the proposed Olympic event sites in Kern County is only 1½ to 2 hours driving time and the Kern County sites are substantially closer than the Mission Bay site near San Diego that has been offered as a rowing event site; and (h) Experts on rowing facilities have con- cluded that the Buena Vista Aquatic Park in Kern County is an outstanding site for a rowing event for a number of reasons including the fact that it is not a tidal zone area like Mission Bay; and (i) The Kern County Olympic Proposal Committee has undertaken a serious feasibility study the results of which will be presented to the Los Angeles Olympic Organizing Committee April l, 1980. NOW, THEREFORE, BE IT RESOLVED by the Bakers- field City Council in the County of Kern and State of California as follows: 1. The Los Angeles Olympic Organizing Committee and the International Olympic Committee are hereby informed that the Bakersfield City Council enthusiastically supports the efforts of the Kern County Olympic Proposal Committee to explore the possibility of establishing Olympic facilities in Kern County without cost to the Los Angeles Olympic Organizing Committee and deriving sufficient income from such facilities to substantially offset expenditures that may be required in Kern County. Supervisor Harvey requested that the Council endorse the County's endeavor, knowing the taxpayer's money will not be spent, in the effort to bring these 1984 Olympic events to Kern County. Upon a motion by Councilman Barton, draft resolution presented by Supervisor Harvey, was approved in concept. Councilman Miller congratulated the Board of Supervisors for taking action to prohibit the sale of drug paraphernalia to minors. 166 Bakersfield, California, March 26, 1980 - Page 4 CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Fox & Company, Certified Public Accountants, dated February 26, 1980, regarding Accounts Compliance Report for Fiscal Year ending June 30, 1979, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from the Greater Bakersfield Chamber of Commerce, dated March 20, 1980, commending the Council for their recent stand regarding a Rent Mediation Board for Mobilehome Parks, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Troy Childers, Troy's Towing, 3915 Pierce Road, dated March 19, 1980, appealing the revocation of his permit for towing of vehicles for the City of Bakersfield, was received, ordered placed on file and April 9, 1980, was the date set for hearing the appeal. COUNCIL STATEMENTS Councilman Christensen stated at the meeting of March 12, 1980, he requested that the City Manager, as Executive Director of the Redevelopment Agency, furnish the Council with a written report showing the total cash flow of tax increment money coming from the entire area of all property within the Redevelop- ment area boundary and that the report include other sources of money, such as, federal, state and local. This report did not include the first nine months of this fiscal year. Assistant City Manager-Finance Kelmar stated that the City operates on a fiscal year basis and any report including the first nine months of this fiscal year would not be complete. Upon a motion by Councilman Christensen, the staff was requested to furnish the Council with a financial statement, all incoming and outgoing figures, affecting the Downtown Redevelop- ment area from July l, 1979 through February 29, 1980. Councilman Means stated several months ago the Council approved a limit of $750.00 for modifications to homes for people Bakersfield, California, March 26, 1980 - Page 5 167 who are handicapped. limit is not agreement be fications be approved. It has since been found that the $750.00 adequate. Councilman Means made a motion that the amended so that the average spent on the home modi- increased to $1,000.00. This motion was unanimously Councilman Means requested a progress report from the Public Works Director regarding the drainage problems in Centennial Park. Public Works Director Hawley stated last fall the Public Works Department cleaned all the underdrains in Centennial Park, however, with the winter rains the area ponded over again. The underdrains were not designed to handle the winter rains, but they were designed to handle the summer nuisance water. Last September the Planning Commission approved a tentative tract with a condition that the developer be required to either put in a seepage pit or additional underdrains in that drainfield. This tentative tract was not finalized because of concerned area residents and City staff regarding the extension of La Mirada Drive to the west to tie into California Avenue. Since that time a revised tentative tract has been received, Parcel Map No. 5612, which has the same conditions. The staff will be requesting additional funds in the Capital Improvement Budget to do work in that area in addition to what the developer will do. Councilman Means stated he has talked to Tenneco about the drainage problem in Centennial Park and they have indicated a willingness to assist the City in correcting the problem. Council- man Means requested that the Public Works Director pursue this with Tenneco. Councilman Means stated the Transportation Advisory Committee (TAC) of Kern COG has decided, rather than submitting numerous proposals to Caltrans and having them turned down, that this area get behind one or two projects, regional wise, in order Bakersfield, California, March 26, 1980 - Page 6 to enhance their approval. This project must be agreed upon by the Council and submitted to Kern COG by April 7, 1980. Council- man Means made a motion that the Regional Transportation Improve- ment Program (RTIP) be placed on the New Business, for discussion tonight. approved. Councilman Miller announced that a meeting will be held Tuesday, April l, 1980, in the Council Chambers of City Hall, to discuss the formation of a Public Improvement District for construction of streets in the uninhabited area of the Rio Bravo Annexation. Councilman Miller questioned the staff regarding the sale of excess water coming down the Kern River. Councilman Barton asked the City Attorney if he had reviewed the two Assembly Bills regarding the restriction of the sale of drug paraphernalia to minors. City Attorney Hoagland stated they have requested the two Assembly Bills, but have not received them as yet. Councilman Barton requested that the City Attorney, if the bills are not received, obtain a copy of the Legislative Council's digest, which are normally concise and short, and present them to the Council with a recommendation next week. REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 2-80 regarding Cost-Revenue Study, as follows: The restrictions on City revenues and spending limitations imposed over the last two years by voter-approved initiatives, State legislation, and the upcoming initiative in June, which may affect the amount of monies received from the State, have raised a serious concern about whether new development generates sufficient revenues to pay for the cost of services. As a result, the Council has acted to accept new applications for annexation, but not formally process them until the budget picture becomes agenda immediately following This motion was unanimously Bakersfield, California, March 26, 1980 - Page 7 169 clearer and a cost-revenue study is performed. A study of this nature will provide the City with a model to analyze each new development and provide alternatives to make these develop- ments pay for themselves. Due to the importance of this subject, the Cormmittee feels the most expedient and effective way to accomplish this would be to utilize the services of organizations who have this experience. As a result, we therefore recom- mend the staff be authorized to request proposals for these services. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 2-80 regarding Cost-Revenue Study, was accepted; and the staff was authorized to request proposals for these services. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 3-80 regarding Public Works to be Performed by Contract, as !ollows: On March 18, 1980, the Business Development and Parking Committee met relative to the items brought before the Council by Mr. Bill Hart, San Joaquin District Manager of Associated General Contractors. Mr. Hart was unable to attend the committee meeting, however, the Public Works Director was able to meet with him earlier to work out conditions where (1) Contractors could use non self propelled pavers for small patch areas outside the travel lanes, (2) Small batches of concrete would be hauled in non rotating con- tainers, and (3) The City would revise its bid proposals for inclusion of an escalating clause on asphalt used in asphalt concrete if time of completion exceeds 45 days. When Mr. Hart is able to attend the committee meeting, a more detailed report regarding public works to be performed by contract will be made to the Council. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 3-80 regarding Public Works to be Performed by Contract, was accepted. Councilman MiLler, member of the Business Development and Parking Committee, read Report No. 4-80 regarding Panorama Drive Entrance to Sanitary Landfill, as follows: On March 19, 1980, the Business Development and Parking Committee met relative to the 170 Bakersfield, California, March 26, 1980 - Page 8 County's request that the Sanitary Landfill Agreement be amended to permit the County the right to open or close the Panorama Drive entrance for ingress of covered refuse trucks operated exclusively by franchised garbage collectors. Presently the refuse haulers using the lower entrance to the landfill must climb a steep grade to get to the disposal site. When loaded, the trucks can only go 2 to 4 miles per hour. This results in high fuel consump- tion and wear and tear on drive lines, transmissions and auxiliary engines. Approval of this request would result in a saving of fuel in the amount of 33,000 gallons annually, reduce the trip time about 15 minutes per trip, reduce the travel distance by 1.2 miles per trip and reduce the wear and tear on the trucks. In the past, there have been complaints of litter from trucks and trailers not properly covered but few from those used by the fran- chised haulers. Therefore, it is recommended that the Council authorize the County to open the Panorama Drive entrance for ingress of covered refuse trucks operated by franchised garbage collectors for a 90 day trial period. After the trial period, the Committee will make further recommendations. Upon a motion by Councilman Miller, Budget Review and Finance Committee Report No. 4-80 regarding Panorama Drive Entrance to Sanitary Landfill, was accepted; and the County of Kern was authorized to open the Panorama Drive entrance for ingress of covered refuse trucks operated by franchised garbage collectors for a 90 day trial period and the Budget Review and Finance Committee will make further recommendations after the trial period.. City Attorney Hoagland stated there is a matter pending before the Business Tax Appeals Board and only one member has been appointed leaving two vacancies. The ordinance requires a Certified Public Accountant, who has been appointed, Attorney and a member of the general public with some knowledge of tax affairs. Mr. Hoagland urged the Council to make the two appointments. City Manager Bergen reported that on March 12, 1980, he informed the Council there was a very short period of time in which to file an argument for or against the Charter Amendment Bakersfield, California, March 26, 1980 - Page 9 171 regarding temporary employees. No one filed an argument for or against the Charter Amendment. Upon a motion by Councilman Ratty, request from the S.P.C.A. to issue dog licenses bi-annually instead of annually was referred to the Intergovernmental Relations Committee. Councilman Miller questioned the City Attorney regarding the functions of the Board of Charity Appeals and Solicitations. City Manager Bergen stated it has been brought to his attention that the Board of Charity Appeals and Solicitations is having difficulty obtaining a quorum in order to call a meeting to conduct business. Councilman Miller made a motion that the Governmental Efficiency and Personnel Committee evaluate the functions of the Board of Charity Appeals and Solicitations. Councilman Christensen offered a substitute motion that Councilman Miller be appointed to represent the Council on the Board of Charity Appeals and Solicitations. This motion was unanimously approved. Upon a motion by Councilman Strong, public hearing on Draft 1980-81 Community Development Block Grant Application for the City of Bakersfield , was moved up on the agenda and will be heard at this time. HEARINGS This is the time set for public hearing on the Draft 1980-81 Community Development Block Grant Application for the City of Bakersfield. This hearing has been duly advertised. As part of the 1980-81 Block Grant Application procedure, the Community Development staff has been conducting public meetings in the community and public hearings before the Planning Commission to receive comments and recommendations to be included in the 1980-81 Draft Application for Block Grant funds. Bakersfield, California, March 26, 1980 - Page l0 pation. Mayor Hart declared the hearing open £or public partici- Mr. Sherman Tyler, State Commission on Aging and Kern County Commission on Aging, requested that the City make an effort toward the development of a Senior Citizens Center. He has been told that Kern County is the only County in the State that does not contribute a portion of their Revenue Sharing to senior citizens. If the City of Bakersfield made the first move towards establishing a portion of a Senior Citizens Center there are untold millions of dollars that could be obtained through grants. Mrs. Geneva Burns, volunteer worker £or K.C.E.O.C., 804 East California Avenue, stated Mr. George Gonzales is the person who has been looking for a site for the senior citizens and he invited them here tonight. Councilman Strong stated the Council is happy that this group of people appeared at the meeting tonight and the Council is aware of their sustaining level of interest. However, they should be aware that this part of the application process is just a public portion before the staff puts the final application to- gether. Before that is done staff will send the Council a draft application which, hopefully, will address the amount of money available and what progress has been made in the site selection. He promised that when the Council receives the draft application he would meet with their group to look at it and come up with a solution to the problem that has been lingering for two or three years. Mr. Gonzalo Ramirez, representing the Mexican American Political Association, stated the Mexican American Political Association and a number of other organizations support a Senior Citizens Center and they are also working towards the same goal with the County. No other comments being received, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, March 26, 1980 - Page 173 Upon a motion by Councilman Strong, all public comments and recommendations regarding the 1980-81 Community Development Block Grant for the City of Bakersfield are to be included in the application. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5003 to 5110, inclusive, in the amount of $171,322.93. (b) (c) Claim for Damages from Daniel Ramirez, 328 Quantico Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Juan Ramirez, 328 Quantico Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Automobile Club of Southern California on behalf of Louis M. and Ellaria M. Tremblay, 3808 Thoreson Avenue, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Parkview Plaza Apartments, 3535 South "H" Street, Bakersfield. (Refer to City Attorney) Map of Tract No. 4139 and Improvement Agreement with Hartozco Development for construction of improvements therein, located north of Fairfax Road, west of South "H" Street. (g) Plans and Specifications for Painting Exterior of Central Fire Station. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), following roll call vote: Ayes: Noes: Absent: (f) and (g) of the Consent Calendar, were adopted by the Councilmen Miller, Payne, Ratty, Strong, Christensen None Councilmen Means, Barton ACTION ON BIDS Upon a motion by Councilman Miller, usual bidding require- ments 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 for Parking Meter Modification Kits with Duncan Miller. 17 4 Bakersfield, California, March 26, 1980 - Page 12 Upon a motion by Councilman Barton, low bid of Granite Construction Company for the Base and Alternate A, Proposal No. l, for reconstruction of a portion of Dore Drive south of Lee Drive, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2552 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located along the southeast side of the Stine Canal, between Wilson Road and New Stine Road. The application for this amendment was made by Thomas S. Kelly and would change subject properties from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) and C-O-D (Commercial and Professional Office - Archi- tectural Design) Zones. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2552 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located along the southeast side of the Stine Canal, between Wilson Road and New Stine Road, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None Adoption of Ordinance No. 2553 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 those certain properties in the City of Bakersfield located on both sides of Dunsmuir Road, north of Business Center Drive; and making findings in connection with a P.U.D. Zone. Bakersfield, California, March 26, 1980 - Page 13 175 The application for this amendment was made by W. Watson Company and would change subject property from an "A" (Agricultural) Zone to a P.U.D. (Planned Unit Development) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2553 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 those certain properties in the City of Bakersfield located on both sides of Dunsmuir Road, north of Business Center Drive; and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen Councilman Means Noes: 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 those certain properties in the City of Bakersfield located on the southwest corner of Pacheco Road and Union Avenue. The application for this amendment was made by William S. Hill and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling) and C-2 (Commercial), or more restrictive Zone. The Planning Commission approved the R-3 and C-2 zonings with the application of the "D" Design Overlay, approved the Negative Declaration, and found the zonings consistent with the Bakersfield Metropolitan Area General Plan. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the southwest corner of Pacheco Road and Union Avenue. 176 Bakersfield, California, March 26, 1980 - Page 14 Approval of the Regional Transportation Improvement Program (RTIP). Mr. Mark Gibb, Transportation Planner for Kern COG, read a memorandum regarding the Regional Transportation Improvement Program (RTIP, dated March 26, 1980, as follows: The Alquist/Ingalls Act (AB 402) requires that each Regional Transportation Planning Agency (Kern COG) annually prepare and submit to the California Transportation Commission (CTC) a proposed five-year Regional Transportation Improvement Program (RTIP). The RTIP is a comprehensive coordinated document of trans- portation project improvements, including freeways, bikeways, mass transit, and aviation. The information contained within this report is considered local input into the State Transportation Improvement Program (STIP) which must be adopted by the CTC. Last year, the RTIP, adopted by the Council of Governments was basically a list of all projects proposed by the cities and the County within the Kern region. The results of last year's RTIP produced few significant State highway projects in Kern County. This year, the Council of Governments and the Technical Advisory Committee (TAC) suggest the policy of selecting two projects on a regional basis for inclusion in the 1980-81 RTIP. This action would enable the COG to adopt a unified, concentrated local effort toward favorably influencing the California Transportation Commission of the highest priority projects in Kern County. At the regular meeting of the Council of Governments held last Thursday, March 20th, the COG Board directed staff to prepare the RTIP with one project within the Metropolitan Bakersfield Area, and one outside the urbanized area. City staff and TAC have recommended the following projects for consideration: Right-of-way acquisition of State Route 178 from 99 to "M" Street - New Freeway Construction. Expansion of Planz Road overcross on 99 from two to four lanes. Initial funding for new highway facilities is available in the amount of 1.8 million over the next five years. Additional funds may be obtained through "trade-offs" in the existing Proposed State Transportation Improvement Program. Suggested Action: Bakersfield, California, March 26, 1980 - Page 15 177 Obviously, the strength of the 1980-81 RTIP depends upon the support received from the local communities of Kern County. An appropriate level of support would include a resolution from the City Council, and possibly an official appearance before the CTC at the public hearings in May. The RTIP must be adopted by the Council of Governments at the April meeting. For your information, the resurfacing of Route 204 (Golden State Highway) from Union Avenue to Pierce Road is scheduled in the current State Improvement Program, for fiscal year 1982-83. The Council of Governments will recommend this project be advanced to the 1980-81 fiscal year. Again, this will be accomplished by "trade-offs" within the existing program. Councilman Miller stated he disagreed with Kern COG's recommendations in terms of those projects that are being assigned a No. i priority. Councilman Miller felt the No. 1 priority should be t~e on and off ramps for the Stockdale Highway/Brundage Lane and Highway 99 intersection, especially with the way that growing and the deterioration of the streets. area is Councilman Ratty asked about moving State Route 178 further west than it is at the present time. Mr. Gibb stated that would certainly be open for dis- cussion. Councilman Means stated he became familiar with the No. I recommendation last Thursday night and on Friday attempted to call everyone, because he felt each Councilman should know what TAC's recommendations are. Having done that he would lobby to- night for the on and of£ ramps at Highway 58 & 99. The problems on Real Road are crucial. Councilman Means also stated he is familiar with the problems between the City and County, but felt the on and off ramps at Highway 58 & 99 should still be a priority. Councilman Ratty made a motion that the recommendations submitted by City staff and TAC be accepted. 178 Bakersfield, California, March 26, 1980 - Page 16 Councilman Miller of£ered a substitute motion that the Council recommend to Kern COG that the on and off ramps at Stock- dale Highway and Highway 99 be substituted as the No. 1 priority. This motion carried by the following roll call vote: Ayes Councilmen Means, Miller, Payne, Strong Noes Councilmen Ratty, Barton Absent: None Abstaining: Councilman Christensen ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:10 P.M. MAY~)t~ Of the Cit~ofak~ersfield, ATTEST: CITY CI~ERK and Ex Of/~licio Clerk of the Council of the City of Bake~field, California ma