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HomeMy WebLinkAboutOCT - DEC 1979Bakersfield, California, October 3, 1979 353 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 3, 1979. The meeting was called to order by Mayor Hart, followed by the'Pledge of Allegiance and Invocation by Pastor Ed Boschman of the Laurelglen Bible Church. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. None Minutes o£ the regular meeting of September were approved as presented. Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton 19, 1979 SCHEDULED PUBLIC STATEMENTS Mrs. Elizabeth Van Alstyne, 1640 Olive Street, commented on the pornographic adult bookstores and theaters located on 19th Street and lack of personnel in the Police Department's Vice Detail. She stated the Mayor has sent for an ordinance adopted by Houston, Texas, outlawing pornographic business and requested that a copy be sent to Mr. Joe Beckett, Kern County District Attorney's Office, when it is received. Lately the ball has been dropped as far as fighting pornography is concerned. However, their group plans to carry this to the end, or until every pornographic business is out of Bakersfield because they are not an asset to the community. Mrs. Van Alstyne asked if some of the adult theaters are paying the City a fee for their lack o£ off-street parking. She also requested that the litter on the corner of 19th Street and Chester Avenue (near Penney's and Vest Drug Store) be cleaned up, and requested that the Council consult with the Health Department and Fire Department to find out what can be done to clean-up the Mission Hotel. Director of Fire & Development Services Needham stated that the records for each individual adult theater, as far as 354 Bakersfield, California, October 3, 1979 - Page 2 parking permits are concerned, would have to be researched to find out what ordinances were in effect at the time they went into business. City Manager Bergen stated that the staff would investi-- gate the sanitary conditions of the Mission Hotel and report back to the Council. City Attorney Hoagland stated that as far as litter is concerned, it comes under State law, and it is an enforcement problem. However, he would research the law and report back to the Council. Mr. Bob Small and Mr. Dave DuBose, Co-Chairman of the Chamber of Commerce's Walk-Jog-A-Thon Committee, stated they are sponsoring a Walk-Jog-A-Thon to raise funds and invited the Mayor, Council and public to participate. Mr. Harry J. Dutt, 4300 Marella Way, addressed the Council regarding a traffic accident involving a City truck and his daughter, Renee, on September 8, 1979, on Montclair Avenue, just south of Centennial Park. Mr. Dutt stated he and Brown Brothers Insurance Adjusting are in agreement on the medical expenses, but not the property claim. Brown Brothers also informed them that there was not an allowance for a rental vehicle. They have since been informed that they have a legal claim of $15.00 per day until the claim is settled. City Attorney Hoagland stated he would look into Mr. Dutt's claim of $15.00 per day. Councilman Means requested the City Attorney to arrange a meeting with Mr. Dutt to discuss the appropriate amount for the vehicle. Mark DeFede, Associate Student Body President o£ Garces High School, introduced Michelle Arbegast and Tracy Alexander and stated they are always requesting funds from the community and would like to reciprocate by cleaning up the downtown area Bakersfield, California, October 3, 1979 - Page 3 355 for the community. Mr. DeFede also stated that if there are any community projects that need help to please feel free to call on the Garces students. CORRESPONDENCE Upon a motion by Councilman Barton, communication from Golden Empire Transit, dated September 18, 1979, submitting their Financial Report for year ending June 30, 1979, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Warner Cable Corporation announcing that American Express Company will acquire 50% of Warher's cable operation, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Warner Cable of Kern County, Inc., dated September 28, 1979, giving notice of intention to raise rates in the incorporated service area of the City, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Greater Bakersfield Chamber of Commerce, dated September 28, 1979, supporting approval of the new Downtown Regional Shopping Center and Convention Hotel, was received and ordered placed on file. After discussion, upon a motion by Councilman Miller, communication from Highland Real Estate Corporation, dated October 2, 1979, requesting that their Appeal to the decision of the Planning Commission granting the application of B. L. Dickinson to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an MH (Mobilehome) Zone, affecting those certain properties located along both sides o£ the northerly extension of Fairfax Road, be continued until October 17, 1979, was received and hearing on the appeal was continued until October 17, 1979. COUNCIL STATEMENTS Councilman Payne requested the Public Works Director to investigate the 3800-3900 blocks of Alum Avenue to determine the 356 Bakersfield, California, October 3, 1979 - Page 4 feasibility and legality of putting a gate in the fence and constructing a path for the students who will be attending Sandrini School. Director of Public Works Hawley stated he would conduct the investigation and report back to Councilman Payne. Councilman Payne requested that the City Attorney research the possibility of adopting a City ordinance prohibiting people from blowing debris into the gutters and streets after mowing lawns because it turns into moss and slime prior to the time the street sweepers pick it up. Councilman Payne stated he received a letter £rom William W. May, 800 Ferdinand Court, regarding the traffic hazards at Montalvo Drive and Kroll Way. Councilman Payne stated he would make sure the Traffic Engineer receives a copy of this letter so the intersection can be checked again. The Police Department is enforcing the traffic regulations at that inter- section as he requested a few months ago. Councilman Barton announced that the Council and Water Board will be conducting a public Water Seminar on Friday, October 12, 1979, at 7:00 P.M., in the Council Chambers of City Hall, and that a tour of the water facilities will be con- ducted starting at 9:00 A.M. on Saturday, October 13, 1979. Councilman Barton stated he wanted the entire Council to be aware there is a serious problem regarding the County's collection of City parking fines coming before the Business Development and Parking Committee that must be resolved in time to make a report to the Council at the meeting of October 10, 1979. Due to the inability of members of that Committee not being able to meet before October 9th, the report will not be ready for the Council packets on Monday. Bakers£ield, California, October 3, 1979 - Page 5 REPORTS Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 13-79 regarding Police Department Business Manager and Auditorium-Recreation Department Parks and Community Center Worker Job Speci£ications, as follows: During the 1979-80 Budget Hearings, the City Council approved a new classification of Business Manager in the Police Department and two new positions of Parks and Community Center Worker in the Auditorium-Recreation Department. Several months ago the Chief of Police recommended this Business Manager position to replace a retiring Police Captain. (Attached to this report is the Chief's proposed organizational chart of the Administrative Division.) As you will note, the Vice Division has been combined with Administration which in effect eliminates one captain position. The Business Manager will answer directly to the Chief in regards to payroll, budgeting, purchasing and data processing. These are basic responsibilities which had been per- formed by the retiring Police Captain. The Governmental Efficiency and Personnel Committee is in agreement with this proposal and recommends Council approval to release funds £or this Business Manager position effective November l, 1979. The Committee has also met and discussed the attached Parks and Community Center Worker job specifications. Funds were budgeted for these two positions, however, prior to filling the positions with permanent employees, the staff was directed by the Miscellaneous Civil Service Board to make a complete study of the job responsibilities. This study has been completed and all required duties are included in the attached job specifications. The Miscellaneous Civil Service Board has approved these specifications and we are, therefore, recommending City Council approval. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 13-79 regarding Police Department Business Manager and Auditorium-Recreation Department Parks and 358 Bakersfield, California, October 3, 1979 - Page 6 Community Center Worker Job Specifications, was accepted; and recommendations as outlined in the report, were approved. Associate Planner Gonzales presented a progress report regarding Senior Citizens Center within the City of Bakersfield, as follows: Background: As a result of prior years Citizen Advisory hearings during development of the Community Development Block Grant application, a concern was raised for establishment of a senior center within the City of Bakersfield. To accommodate the request for such a facility, the City's 1978-79 CDBG application included $30,000 to fund a consultant study to provide information as to accessibility, uses, size, and location of available sites, methods of maintenance and feasibility. This was intended to be done jointly with the County which had budgeted $40,000 for the joint project. At the City Council meeting of February 7, 1979, Council approved a joint agreement between County of Kern, City of Bakersfield and Quad Consultants, Inc. for the initial phase of the study and sent it to County Board of Supervisors for action. The Board of Super- visors opted not to execute the proposed agreement, and it was returned to the City for re-examination. At the City Council meeting of March 19, the Director of Fire and Development Services recommended that this matter be referred to the City and County Intergovernmental Rela- tion Committee for advisement and ultimately be brought back to Council with appropriate recommendations for action. Subsequently, staff formed a Senior Center Task Force comprised of interested citizens to assess the need £or such a facility and to assist us in making the necessary study. The Task Force has met bi-weekly since its first meeting on May 18, 1979. Meetings have been open to all interested persons. Over 40 persons have participated in the work of the Task Force. Discussion: The initial questions that the Task Force investigated during the hearings included the following: 1) Preferred location of a senior center to serve the elderly people of the City and to comply with the HUD guidelines; 2) Services and activities to be available at the Center. Bakersfield, Cali£ornia, October 3, 1979 - Page 7 359 In recognition that a senior center should be located so that it will principally bene£it low and moderate income persons and will be accessible to all elderly residents of the City (see attached), and be developed within an area void of this type o£ facility, the Task Force determined that: Census Tract 20 (bounded by California Avenue, Chester Avenue, Union Avenue and Brundage Lane) is the most feasible area for a senior center; however, if circumstances turn out that we cannot find a reasonable site in that tract (20), that the next most feasible area be considered. During these deliberations, consideration was given to school buildings that soon may be available for other use. The Task Force believes that it is less costly to acquire and remodel an available school building than to construct a new facility for a senior center. Information on the avail- ability of a school building is expected by January, 1980. The Task Force also considered as a favorable site a 2.2 acre parcel of land at the northwest corner o£ Fourth and "P" Streets. In comparison with the service area and size o£ the North Bakerfield Recreation and Park District's Senior Adult Center, the Task Force considers a minimum size o£ a senior center for the City is 10,000 square feet. Many of the services and activities common to a senior center were reviewed by the Task Force. A po~l indicated that the most popular are the hot congregate meal program, first aid, outreach, recreation and social activities. Resource develop- ment through volunteer services and thrift shop or similar sales promotion activities also rated high. The costs of administering senior center services and activities and of facility maintenance and operation also were con- sidered by the Task Force. Annual costs were estimated to be in excess of $125,000. It also was estimated that up to 75% of these costs could be covered by appropriate arrangements for CETA funded personnel and with a nutrition grantee agency of the California Department of Aging. Recommendation: The Task Force recommends that the City endorse its recommendation regarding the most feasible area for a senior center and authorize its staff, with the assis- tance of the Task Force, to continue with Phase II of this project by l) making a more precise site selection in sufficient 360 Bakersfield, California, October 3, 1979 - Page 8 time for the project to be included in the City's 1980-81 Community Development budget, 2) considering potential operating agencies and means of administering, maintaining and operating a senior center, 3) determining services and activities to be provided, and 4) preparing a preliminary design for the development o£ the preferred site. Upon a motion by Councilman Ratty, the staff was authorized to proceed with Phase II of the Senior Citizens Center study. Councilman Christensen stated he has heard a rumor that the City does not have the upfront funds for the Chester Avenue Underpass Project and asked if this is true. Director of Public Works Hawley stated the City's budget includes funds for 50% of the local share of that project. It is the staffs understanding that the County also budgeted 50% of the local share. In addition, the consultants on that project have indicated that it will take up to $1,000,000 up- front money. The staff understands the County set aside 50% of that amount. As indicated at budget hearings, it will be necessary for the City to defer certain projects up to $500,000. Presently there is $350,000 budgeted for the Gosford Road River Crossing, and this money will not be required in the current year. The City's share of that project will not be required until July l, 1980, so that $350,000 is available. For the remaining $150,000 certain road projects will be deferred until there is a more accurate figure on whether the entire $500,000 will be needed or only a portion needed. There should not be a problem with the funding. Upon a motion by Councilman Christensen the problem of financing the upfront funds for the Chester Avenue Underpass Project was referred to the Budget Review and Finance Committee to solve with the aid of the staff. 361 Bakersfield, California, October 3, 1979 - Page 9 Councilman Ratty stated he would like to stress to the Council and Budget Review and ~inance Committee that the roads are still in bad shape and deferring repairs and major arterials is creating a further problem. Something should be addressed in this matter because the City should keep up with the street deterioration. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) (b) (c) Allowance of Claims Nos. 1498 to 1737, inclusive, in the amount of $754,673.44. Claim for damages from Harry J. Dutt and Anita A. Dutt, 4300 Marella Way, Bakers- field. (Refer to City Attorney) Claim for damages from Joan L. Taylor, 2701 Buena Vista Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Personal Injuries from Joan A. Haydock, 528 Niles Street, Bakersfield. (Refer to City Attorney) (e) Claim for damages from Unigard Insurance Corporation on behalf of Robin M. Nichols. (Refer to City Attorney) (f) Claim for Damages from Automobile Club of Southern California on behal£ o£ Donald Goldberg, Inc., and Goldberg Ind., Route 2, Box 464, Delano. (Refer to City Attorney) (g) Claim for Damages £rom Kevin J. Ward, 6916 Azalea, Bakers£ield. (Refer to City Attorney) (h) Supplemental Quitclaim Deed from Tenneco Realty Development Corporation providing lands to be used for street right-of-way purposes on Truxtun Avenue Extension. (i) Street Dedication £rom Regional Mortgage Company providing for the south eleven feet of Maybrook Drive as required for Tract No. 4016, located north o~ Panama Lane on east side of the Stine Road. (J) Alley Easement from Tenneco Realty Develop- ment Corporation, as required £or Parcel Map No. 5364, located at northwest corner of North Half Moon Drive and Ashe Road. 362 Bakersfield, California, October 3, 1979 - Page l0 (k) (i) (m) (n) (o) (p) (q) (r) (s) Sewer Line Easement from Bakersfield Seven, as required for Parcel Map No. 5516, located north of Truxtun Avenue Extension and east of Highway 99. Map of Tract No. 4117 and Improvement Agreement with Golden Empire Development Company, located at northwest corner of South "H" Street and Panama Lane. Map of Tract No. 4136 and Improvement Agreement with Tenneco Realty Development Corporation, located at northeast corner of Ashe Road and White Lane. Map of Tract No. 4180 and Improvement Agreement with W. Watson Company, located south of Ming Avenue on the west side of Barrington Street. Improvement Agreement with Bakersfield Seven for Parcel Map No. 5516, located north of Truxtun Avenue and west of Oak Street. Notices of Completion and Acceptance of Work for: Tract No. 3928, Phase II, Contract No. 79-42 with W. Watson Development Company, located at Rio Bravo development. Construction of East California Avenue between Union Avenue and King Street, Contract No. 79-77 with Granite Construc- tion Company (E.D.A. Project No. 07-51- 27066, Phase II). Plans and Specifications for construction of Storm Drains in Auburn Street and Panorama Drive. Resolution of Intention No. 944 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of 40th Street between Chester Avenue and Jewerr Street, in the City of Bakersfield, and setting Wednesday, October 31, 1979 for hearing of the matter before the Council. Resolution No. 74-79 of the Council of the City of Bakersfield, State of California, calling a public hearing to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District within designated area. Date of hearing is Wednesday, November 7, 1979. Bakersfield, California, October 3, 1979 - Page (t) (u) (v) Request from Central Southern Baptist Church for amendments to the General Plan for commercial use of property located on the west side of South "H" Street between Terrace Way and State Highway Route 58. (Refer to Planning Commission for study and recommendation) Request from William J. Hill for amend- ment to the General Plan for commercial use of property located on the southwest corner of Pacheco Road and South Union Avenue. (Refer to Planning Commission for study and recommendation) Public Utility Easements from Ellis Andrews & Cora Elizabeth Andrews, as required for Parcel Map No. 5570, located on the north side of Harris Road and west of Krista Street. (w) Notice of Completion and Acceptance of Work on Tract No. 4024, Contract No. 78-85 with Tenneco Realty Development Corporation, located at Ashe Road and Half Moon Drive. Upon (d), (e), (f), (q), (r), (s), adopted by the a motion by Councilman Miller, (g), (h), (i), (j), (k), (t), (u), (v) and (w) of following roll call vote: Items (a), (b), (c), (1), (m), (n), (o), (p), the Consent Calendar, were Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Means, bids of Clow Corporation (9 items) and Valley Pipe and Supply (3 items) for Bury Extensions and Hydrant Accessories, were accepted and all other bids rejected. Rejection of bids for Side Loading Refuse Trucks and Containers. Mr. John Jensen, Sales Manager for Jensen International, Inc., 4117 Rosedale Highway, stated he is concerned because a situation exists in Bakersfield that has been going on for some time. The City of Bakersfield has purchased numerous refuse 364 Bakersfield, California, October 3, 1979 - Page 12 trucks in the last few years. The requests to bid are mailed to a number of truck dealerships. Usually they are all mailed locally. Ray Gaskin, Monrovia, California, is also an International dealer- ship and refuse body dealer. Being both a truck and body dealer, he is able to underbid Jensen's because a middleman must be relied upon for all our body purchases. The City, to the best of his knowledge, does not request bids from Ford, Chevrolet or G.M.C. dealers outside the Bakersfield area. How come Jensen's has to bid against one of their own dealers when no one else has to? In the past Jensents has lost deals for three refuse trucks to Ray Gaskin's. It is realized that the low bid must be taken, but why does the City have to go down south for purchases when private business does not. Tonight the Council will act on one of two bids that were opened September ll, 1979. On the first bid for rear loaders Jensen's was beaten by Ray Gaskin by $701.00 per truck. On the second bid for side loaders, Jensen's was the low bidder. Jensen's will not be awarded the bid because it is going to be rejected and rebid. Mr. Jensen requested that the Council give the local truck dealers half a chance and award the bid to Jensen International, Inc. Director of Public Works Hawley stated these side loading refuse trucks will be used for the City's proposed mechanical collection system. It has been estimated in the budget that the City will save $100.00 per day when the mechanical system is implemented. Jensen International's bid has a delivery date of 240-260 days. Comparing that with other specified delivery dates and assuming it would take approximately 30 days for the City to rebid, it results in a reduction in savings of between $9,000 to $20,000. The packer body does not meet specifications in several minor areas, and it would cost approxi- mately $2,000 to $2,500 to comply with these minor items. The big problem is with the delivery date. The specifications Bakersfield, California, October 3, 1979 - Page 13 365 contained the following wording: "Delivery time will be a very important and essential consideration. The City wishes to expedite delivery accordingly. Bidder who proposes expeditious delivery will receive special consideration." Councilman Means requested that the staff research what other cities' policies are regarding accepting and awarding bids to local firms versus outside firms and report back to the Council at the next Council Meeting. Councilman Barton stated he does not like the language in the specifications that says special consideration will be given for expedient delivery, it is too loose. Councilman Barton requested staff to come back to the Council with a recommended policy that expedient deliveries be set out in the specifications, such as percentage or time factors, that is well known and not vague. During discussion, Councilman Barton made a motion that low bid of Jensen Internation, Inc., for Side Loading Refuse Trucks and Containers, be accepted. City Attorney Hoagland stated if this bid does not meet all the specifications, and there is a bidder that does meet the specifications, the Council can be prepared to pay that price. The party that meets specifications will have a cause of action against the City for the pro£it he would have made if the bid had been properly accepted. Councilman Barton asked if any of the bidders met all the specifications. Director of Works Hawley stated none o£ the bidders met the specifications in all areas. All of the bidders indicated that the specifications the City requested were not available. Councilman Strong stated the big problem seems to be that the delivery date is not reasonable. The delivery date is such that the City would loose a lot of money, if the estimate of 366 Bakersfield, California, October 3, 1979 - Page 14 $100.00 per day is correct. The staff acted wisely in recommending rejection of this particular bid because of the delivery date. Mr. Hawley has also stated they would be willing to meet with Mr. Jensen or any other truck company to discuss modifications in bids in the £uture. Councilman Miller stated he would support Councilman Barton's motion with the additional wording that the staff and Mr. Jensen have a meeting and iron out the specifications as to who would be responsible for the modifications. After a lengthy discussion, Councilman Means of£ered a substitute motion that all bids for Side Loading Refuse Trucks be rejected and the staff authorized to rebid the items. The substitute motion carried by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Strong Noes: Councilmen Miller, Barton Absent: None Upon a motion by Councilman Christensen, low bid of H. V. Carter for Diesel Powered Tractor with Mower Units, was accepted and all other bids rejected. Upon a motion by Councilman Strong, low bid of Griffin Fabricators, Inc., for Metal Weirs for Water Department, were accepted and all other bids rejected. Upon a motion by Councilman Strong, bid of Engine and Equipment Company for Trailer Mounted Air Compressor, was accepted and all other bids rejected. Upon a motion by Councilman Means, the Purchasing Division of the Finance Department was authorized to enter into a Discount Agreement with Kiesub Corporation for miscellaneous electircal supplies. Upon a motion by Councilman Christensen, bid o£ General Seating Company for Park Bench Materials, was accepted. 367 Bakersfield, Cali£ornia, OCtober 3, 1979 - Page 15 Upon a motion by Councilman Barton, all bids for Annual Contract for Automotive Batteries were rejected and the Finance Department was authorized to readvertise for bids. Upon a motion by Councilman Strong, low bid o£ L. N. Curtis for Turnout Coats and Pants for the Fire Department, was accepted and all other bids rejected. NEW BUSINESS First reading of an Ordinance o~ the Council of the City of Bakersfield amending Section 5.38.100 of the Municipal Code, relative to Relief and Pension Fund for Fire Department. In the letter to the City Council, the Pension Board requested an amendment to the section of the ordinance dealing with authorized investments for the Fund. This change would provide greater flexibility for the investment program, and enable the Fund to take advantage of higher interest earning investments than possible with the present authorized investments. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.38.100 of the Municipal Code, relative to Relief and Pension Fund for Fire Department. Approval of Contract with Panama School District for Community Recrea- tion Program. Upon a motion by Councilman Christensen, Contract with Panama School District for Community Recreation Program, was approved and the Mayor was authorized to execute same. HEARINGS This is the time set for continued hearing before the Council on an Appeal by Mr. and Mrs. Albert Philips regarding the Planning Commission's denial of their request for a roo£ sign on Grandma's Truck (Antique Shop), located at lll5 "H" Street. The Planning CoMmission denied the request for a Special Sign Permit for a 2' x 8' roof mounted sign, 16 feet high, for Grandma's Trunk located at 1115 "H" Street. 368 Bakersfield, California, October 3, 1979 - Page 16 This hearing was held over from the Council Meeting of September 19, 1979, in order to allow the staff time to meet with Mr. and Mrs. Philips to consider placement of the sign where it would be visible to the public, yet not be in violation of the Sign Ordinance. Building Director Bidwell stated he met with Mr. and Mrs. Philips, and the property is in a difficult location to identify from California Avenue due to lack of setback from the curb to the property line and proximity of the building to that curbline. The existing free standing sign could be raised to a height of 20 feet. However, the Philips' felt that alternate was not in good taste or acceptable. The Building Department proposed that they install a wall sign other than on the roof. That probably would not have the visibility the existing sign has, but it would serve for traffic on "H" Street. One other possibility was, there is a dormer on the east elevation of the building that could be a place to locate a small sign. The Building Department exhausted just about all the possibilities in their discussions with Mr. and Mrs. Philips. Mayor Hart declared the hearing open for public participation. Mr. Albert Philips, owner of Grandma's Trunk, stated if the roof sign is denied, he would like to request that they be granted an extension of time for removing it. No protests or objections being received, and no one else wishing to speak in favor, Mayor Hart declared the public portion of the hearing closed for Council deliberation and action. Upon a motion by Councilman Ratty, decision of the Planning Commission denying the request of Mr. and Mrs. Albert Philips for a roof sign for Grandma's Trunk (Antique Shop), located at 1115 "H" Street, was upheld and a 60 day extension of 369 Bakersfield, California, October 3, 1979 - Page ~7 time for removing the sign was granted, by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None This is the time set for continued public hearing con- cerning review and consideration, and certifying completion of the Final EIR re Amendment to the Land Use and Circulation Elements of the General Plan in the Rio Bravo area. This hearing was duly advertised and the property owners were notified. This hearing was continued from the Council Meeting of September 19, 1979. This resolution certifying the Final EIR is the final step in the EIR process prior to adoption of the General Plan amendments to the Rio Bravo area. The Final EIR was approved by the Planning Commission after a public hearing completed on August 15, 1979 and recommended for certification by the City Council. Mr. Dennis Triplett, representing Quad Consultants and author of the E.I.R., stated there has been some concern that the E.I.R. discussed in the draft plan document is not in great detail. The reason is that the General Plan document projects a development pattern for the Rio Bravo area over an approximately 20 year period. It projects a population within that period of time of about 23,000 individuals. This is the level of development that was analyzed when the area was annexed into the City, and at that time the comprehensive E.I.R. was prepared. The General Plan document refers back to that document for discussion of anticipated impacts and their effects. Mayor Hart declared the hearing open for public participation. 370 Bakersfield, California, October 3, 1979 - Page 18 Mr. B. L. Dickinson, 3904 Panorama Drive, stated he £elt the public was not properly notified of the hearings, and he has not been able to obtain a copy of the E.I.R. from the Planning Department. This was not very well thought out because they have filed tract maps on 65-100 acres of land and completed subdivisions that are being declared open area. Mr. Arthur W. Jones asked who paid for the leg work and map on this. Planning Director Sceales stated the total project, started two years ago, was paid for by George Nickel and Chevron Land Development Company. Mr. Daniel R. Hale commented on the areas where he felt the E.I.R. is inadequate, and urged that the City Council only tentatively approve the proposed resolution until a complete study can be made of the following: 1. Possible realignment of streets and roads, and Cal-Trans be contacted to see if they still want the existing right-of-way. 2.Delete all special uses not covered by the E.I.R. 3. A strict follow-up with respect to the provisions of services into the area, and the City use all lawful means in order to secure services to "uninhabitants" of the area. Mr. George Nickel spoke in favor of certifying the E.I.R. for the Rio Bravo area, and stated this is a very fine area with fine homes, and a great many people are very happy with what has occurred in the area. Mr. Nickel commented on the services being provided for the area by the City and develop- ment that is taking place. Mr. Richard Laughman, representing Chevron Land and Development Company, spoke in support of the plan so that orderly development will occur in the area. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Hart closed the Bakersfield, California, October 3, 1979 - Page 19 371 public portion of the hearing for Council deliberation and action. Councilman Miller stated some of the things done in the Rio Bravo area are very nice. However, the City should look at the problems out there. Councilman Miller asked the Public Works Director if he had looked into the Conditional Use Permit that was mentioned last week. Director of Public Works Hawley stated there was a Conditional Use Permit issued by the County to Kern Development Corporation. Oneof the conditions said that the access road shall be maintained with a bituminous surface treatment or surfacing of a higher type. That road is being maintained and is the primary access from the gravel operation to Alfred Harrell Highway. There have been comments that trucks are using an alternate route. In checking this with the present operators of the gravel operation, they indicated that they do not use that route, however, it is possible some of their customers are using it as a short cut to get to Highway 178. Mr. Hawley stated he would interpret the Conditional Use Permit to mean that if they are using that route, then they should maintain it. They are meeting the requirements of the Conditional Use Permit because the access to Alfred Harrell Highway is being maintained in a fairly good condition. Mr. Edwin J. Migee, representing Kern Development Corporation, stated the road has been maintained by Kern Develop- ment Corporation. It currently has a license to use by Oildale Ready Mix, who is responsible for maintaining that road, and Kern Development Corporation has taken action against them. They will either maintain it, or they will no longer be a licensee. After a lengthy discussion, Councilman Ratty made a motion to adopt a Resolution of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final EIR, making findings and certifying that the Final EIR has been completed in compliance with the California 372 Bakersfield, California, October 3, 1979 - Page 20 Environmental Quality Act, the State EIR Guidelines and City Reso- lution No. 39-78, re proposed General Plan Amendments for the portion of the land in the City of Bakersfield known as Rio Bravo. Councilman Miller stated be£ore he would vote to approv.e the Final EIR, he would hope it would be resubmitted to the Air Resources Board, and he also has a problem accepting the road alignment. Councilman Miller offered a substitute motion that the Final EIR for the Rio Bravo area be denied. to carry by the following roll call vote: Ayes: Noes: Absent: This motion failed Councilman Christensen, Miller Councilmen Means, Payne, Ratty, Strong, Barton None During voting, Councilman Christensen stated that the staff has not informed the Council regarding the question at hand. The Quad report is chucked full of the biggest generalities he has ever read in his life. Until the EIR is checked out more, or a favorable report is received from the Air Resources Board, and several other minor details, he would have to vote against approving the EIR. He stated he is not against the Rio Bravo development, per se, in fact it is a great asset to the community, but as far as the EIR is concerned, it can be greatly improved upon. Councilman Ratty's motion to adopt Resolution No. 75-79 of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final EIR, making findings and certifying that the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 39-78, re proposed General Plan Amendments for the portion of the land in the City of Bakersfield known as Rio Bravo, carried by the Bakersfield, Cali£ornia, October 3, 1979 - Page 21 373 following roll call vote: Ayes: Noes: Councilmen Means, Payne, Ratty, Strong, Barton Councilman Miller Absent: None Abstaining: Councilman Christensen This is the time set for continued public hearing con- cerning proposed Amendment to the Land Use and Circulation Elements of the General Plan in the Rio Bravo area. This hearing was duly advertised and the property owners were notified as required by law. This hearing was continued from the Council meeting of September 19, 1979. The proposed amendment, which is the subject of this hearing, was approved by the Planning Commission after a public hearing completed on August 15, 1979, and recommended for adoption by the City Council. Assistant City Clerk Anderson read the following letter into the record: September 30, 1979 Mayor Don Hart 1501Truxtun Avenue Bakersfield, Calif. 93301 Dear Mayor Hart: Representatives of the Home Owners Associa- tion of Cattle King Estates met Wednesday, September 26 with the developer, Mr. George Nickel, to discuss the problem of the pro- posed road on the east and south sides of the subdivision. This road would have reactivated the abandoned county road currently running directly along the lower back yards of a large number of homes. Traffic along this proposed road would destroy privacy, disturb sleep, create noise problems, reduce property values and be a safety hazard for children. In addition, the junction of this proposed road with Alfred Harrell Highway would create a hazardous intersection. Mr. Nickel, upon visiting the area in person, realized the problems the pro- posed road would create and graciously 374 Bakersfield, California, October 3, 1979 - Page 22 agreed to drop plans for it. He contacted the Public Works Dept. and so informed them of his decision. We contacted Mr. Edgar Schulz, Asst. Public Works Director, and he agreed the City would also drop plans for this proposed road. We wish to thank you, Mayor Hart, and members of the City Council for your courtesy and concern. We also want to express appreciation for the cooperation by the Public Works Dept. and the developer, Mr. George Nickel, for their help in solving our problem. Yours truly, Gerhard H. Schmidt,M.D. John R. Almklov,M.D. 5755 Roundup Way 5763 Roundup Way Mr. Dennis Triplett, representing Quad Consultants, explained the process this plan has gone through. Quad Consultanl;s was retained by two private clients to prepare this document, basically at the request of the City. A preliminary draft of the plan was prepared on the basis of that contract. It was submitted to the City staff and revisions were made. It was then put in printed form, which is the draft document before the Council tonight. That document went through a public hearing before the Planning Commission and, based on testimony received and additional concerns of the Planning Commission, the plan was further amended. This evening is another public hearing stage. The purpose of the process is to effect changes in development policy for the City prior to its adoption. The plan be£ore the Council tonight does not represent the views of one individual, one firm or one property owner in the area; it represents a series of policy reviews and compromises that have been made by numerous people, both in the area, City employees and appointed by the City Planning Commission. Mayor Hart declared the hearing open for public participation. 375 Bakersfield, California, October 3, 1979 - Page 23 Mr. Daniel R. Hale, property owner and resident of the Rio Bravo area, spoke in opposition to the proposed Circulation Element of the General Plan for the Rio Bravo area. Mr. Arthur W. Jones, Rio Bravo area resident, spoke in opposition to the California Air Pollution Board's rulings not being considered. Mr. B. L. Dickinson, property owner in the Rio Bravo area, stated he has never been notified of these public hearings, and he has never been able to obtain a copy of the EIR from the Planning Department. No further protests or objections being received and, no one wishing to speak in favor, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Councilman Ratty made a motion to adopt a Resolution of the Council of the City of Bakersfield making findings and approving and adopting Amendment to the Land Use Element and Circulation Element of the Bakersfield Metropolitan Area General Plan in the area of the City known as Rio Bravo. Councilman Means stated he wanted to assure Mr. Hale that the staff will not put the major arterial within 20 feet of his home. Dr. John Almklov stated they would like some assurance from the City Council that the road behind their homes would not be put in. Councilman Christensen, before voting, stated he wants the request by Dr. Almklov and Dr. Gerhard H. Schmidt to become part of the General Plan and not circumvented. Councilman Ratty's motion to adopt Resolution No. 76-79 of the Council of the City of Bakersfield making findings and approving and adopting Amendment to the Land Use Element and Circulation Element of the Bakersfield Metropolitan Area General 376 Bakersfield, California, October 3, 1979 - Page 24 Plan following roll call vote: Ayes: Councilmen Christensen, Barton Noes: Absent: in the area of the City known as Rio Bravo, carried by the Means, Payne, Ratty, Strong, Councilman Miller None Director of Public Works Hawley stated that little segment of road referred to in Dr. Almklov's and Dr. Schmidt's letter will be removed from the maps. This is the time set for hearing before the Council on an Appeal by Cleaveland Outdoor Advertising, Inc., regarding the Planning Commission's denial of their request for an outdoor advertising sign in a C-2-D (Commercial - Architectural Design) Zone located on the Texaco Service Station site at the College Shopping Center on the southeast corner of Columbus and Haley Streets. The Planning Commission denied the request for a 30-foot high, 12' x 24' exterior illuminated outdoor advertising sign on the above mentioned property basedon the following criteria: 1. Site is within the College Shopping Center complex. 2. Orientation of proposed sign to residential neighborhood north across Columbus Street. 3. Purpose and objectives of the Sign Ordinance. 4. Purpose of the Architectural Design Zone. Mayor Hart declared the hearing open for public participation. Mr. Johnny Ladnier, Real Estate Manager of Cleaveland Outdoor Advertising, Inc., requested that the Council grant the request for a sign on the Texaco Service Station. Mr. Richard Mullman, Sales Manager for Cleaveland Outdoor Adversiting, Inc., stated he talked to some of the tenants of the College Shopping Center, and they did not express 377 Bakersfield, California, October 3, 1979 - Page 25 an opinion either way. Because of the economic benefit, and they did not find any objections from other people in the area they would request that the sign be granted. No protests or objections being received, and no one else wishing to speak in favor, Mayor Hart declared the public portion of the hearing closed for Council deliberation and action.. Upon a motion by Councilman Christensen, decision of the Planning Commission denying the request of Cleaveland Outdoor Advertising, Inc., for an outdoor advertising sign in a C-2-D (Commercial - Architectural Design) Zone located on the Texaco Service Station site at the College Shopping Center on the south- east corner of Columbus and Haley Streets, was upheld, by the following roll call vote: Ayes: Councilman Christensen, Means, Miller, Payne, Ratty, Barton Noes: None Absent: None Abstaining: Councilman Strong ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 12:05 A.M. MA of th~ersfield, Calif. ATTEST: CITY CL~ERK and Ex ~ficio Clerk of the Council of the City of Ba14~rsfield, California ma 378 Bakersfield, California, October 10, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 10, 1979. by Present: The meeting was called to order by Mayor Hart, followed the Pledge of Allegiance and a minute of silent ~rayer. The City Clerk called the roll as follows: Mayor Hart. Councilmen Means, Miller, Payne, Ratty, Absent: None Strong, Barton, Christensen Minutes of the joint meeting and workshop of September 26, 1979 and regular meeting of October 3, 1979, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Means, communication from Golden Empire Chapter of American Institute of Architects, dated September 26, 1979, regarding an Annual Student/Community Involve- ment Program for second year architectural students at Bakersfield College, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Payne stated the bus stop on the north side of Wilson Road, across from Christian Towers, does not have a crosswalk for use by persons unloading from the bus to cross to the south side of the street and requested the staff to investigate and take appropriate action. Councilman Payne stated he received a letter from Peter C. Carton, Schools Legal Service of Kern County, dated October 8, 1979, regarding a dangerous intersection at Ming Avenue and West- holme Boulevard. Traffic Engineer Hahs has assured him that this matter has been under study for the past week. requested that Traffic Engineer Hahs respond, school district. October Councilman Payne in writing, to the Councilman Barton stated the Water Board minutes of 3, 1979, that were placed in each Councilman's packet 379 Bakersfield, California, October 10, 1979 - Page 2 contain some very important information and requested that they be reviewed thoroughly. If there are any questions the Water Board will be happy to discuss them at the next Water Board or Council Meeting. Councilman Barton requested City Attorney Hoagland to explain the application for rehearing by the City of Bakersfield regarding Southern California Edison's Project No. 382 which is the relicensing of the Borel Power Plant. City Attorney Hoagland stated Southern California Edison applied for a relicensing of the Borel Power Plant. The Federal Power Commission came out with its order containing language that indicated that Southern California Edison, together with the Forest Service and U.S. Fish & Wildlife Service, were to make a determination, within one year, as to what was necessary to main- tain or enhance fish life in the river and recreational areas. The irrigators feel they should be consulted in that determination because the water is critical in their agricultural uses throughout the year. Councilman Barton reminded the Council that the Council and Water Board will be conducting a public Water Seminar on Friday, October 12, 1979, at 7:00 P.M., in the Council Chambers of City Hall, and that a tour of the water facilities will be conducted starting at 9:00 A.M., Saturday, October 13, 1979. Mayor Hart announced that the Los Angeles office of the Bureau of Census has issued an invitation to the Council to attend a press conference on Friday, October 12, 1979, at 10:00 A.M., at the Ramada Inn to meet the Regional Director and Census personnel who will be working in Bakersfield next year. REPORTS Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 7-79 regarding Parking Violation Fees, as follows: The Downtown Parking Study that was recently completed by the Redevelopment Agency suggested 380 Bakersfield, California, October 10, 1979 - l~age 3 various short-term and long-term parking problem solutions for the downtown area. A number of recommendations have been suggested by this Council Committee and are being imple- mented at this time. As a further suggestion of this Committee, and briefly reported to the Council on July 25, 1979, we recommended that overtime parking violation fines be increased. Since that reporting date in July, and due to additional court processing costs, the Munici- pal Court has increased their claim for a larger portion of the parking fine, effective on October 1, 1979. This Committee has met with various groups from time to time in an attempt to reach a consensus for an optimum solution to the downtown parking problems. Various parking lots are being modified to accommodate additional parking spaces. Parking meters are being modified so as to accept new rates. Parking lease agreements are being renegotiated to reflect more revenue for the service being provided. As appraisal is being made for a half-block section in the core area with the intent of being converted to additional public parking, hopefully with a parking structure built thereon. Additional parking enforcement has been added in the downtown area to especially enforce the short-term, free parking areas. For the past few months in concert with Munici- pal Court Judges and the Downtown Business Association, these various alternatives have been discussed. It is in response to these discussions, and with the concurrence of those participants that this Committee recommends that the parking ticket bail fee be set by the Municipal Court at $4.00. After discussion, upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 7-79 regarding Parking Violation Fees, was accepted. Adoption of Resolution No. 77-79 of the Council o£ the City of Bakers- field authorizing the Mayor to execute an Agreement with the Muni- cipal Court for withholding processing costs and recommending Bail Schedule for Parking Violations. Upon a motion by Councilman Barton, Resolution No. 77-79 of the Council of the City of Bakersfield authorizing the Mayor to Bakersfield, California, October 10, 1979 - Page 4 381 execute an Agreement with the Municipal Court for withholding processing costs and recommending Bail Schedule for Parking Violations, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton Christensen ' Noes: None Absent: None Director of Fire & Development Services Needham reported that the health and fire hazards of the ~ission Hotel have been investigated by the Fire Safety Control Division of the Fire Department, Electrical Inspector of the Building Department and the Kern County Health Department. Thirteen fire violations were found, including the secondary fire escapes which were totally inadequate. Numerous health hazards and electrical problems were found which will be enforced. These violations will be followed up and taken care of promptly and in good order. CONSENT CALENDAR The following items were listed on the Consent Calendar (a) Allowance of Claims Nos. 1738 to 1861, inclusive, in the amount of $180,770.32. (b) (c) Application for Leave to Present Late Claim for Personal Injuries on behalf of Doye Edsol Walker, 2601 Hughes Lane, Bakersfield. (Refer to City Attorney) Street Dedication from Samuel & Gladys Sanford providing additional right-of- way on Pacheco Road east of South "H" Street, as required for Tract No. 4150. (d) Plans and Specifications for resurfacing portions of "T" Street, 8th Street, Owens Street and East Truxtun Avenue. (e) Resolution of Intention No. 945 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a Road Easement north of State Route 178, and setting Wednesday, October 31, 1979 for hearing on the matter before the Council. Upon a motion by Councilman Miller, Items (a), (b), (c) Bakersfield, California, October 10, 1979 - Page 5 (d) and (e) of the Consent Calendar, roll call vote: Ayes: Councilmen Means, Miller, Christensen None None Noes: Absent: were adopted by the following I .B.M. Payne, Ratty, Strong, Barton, ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of for installment purchase of Memory Typewriter for the Police Department, was accepted, all other bids rejected and the Finance Operations Manager was authorized to make arrangements with United California Bank for the financing. After discussion, upon a motion by Councilman Means, bid of Jim Alfter for Annual Contract No. 11880 for Curbs, Gutters and Sidewalks, was accepted and the Mayor was authorized to execute the contract. Councilman Strong abstained from voting on this item. Upon a motion by Councilman Ratty, low bid of Hydrex Pest Control for Annual Contract for Pest Control, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Lougee- Michael Equipment for 100 H.P. Front End Loader, was accepted based on the guaranteed repair cost and repurchase price agree- ment and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2527 New Series of the Council of the City of Bakersfield amending Section 5.38.100 of the Municipal Code, relative to Relief and Pension Fund for Fire Department. Upon a motion by Councilman Barton, Ordinance No. 2527 New Series of the Council of the City of Bakersfield amending Section 5.38.100 of the Municipal Code, relative to Relief and Bakersfield, California, October 10, 1979 - Page 6 3S3 Pension Fund for Fire Department, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton Christensen ' Noes: None Absent: None NEW BUSINESS Adoption of Resolution No. 78-79 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final EIR making findings and certifying that the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 39-78, Re proposed General Plan Amendment and Zone Change Application at the northwest corner of New Stine Road and Ming Avenue. The Planning Commission reviewed the Amended Final EIR on the zone change and recommended certification by the Council. Upon a motion by Councilman Payne, Resolution No. 78-79 of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final EIR making findings and certifying that the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 39-78, Re proposed General Plan Amendment and Zone Change Application at the northwest corner of New Stine Road and Ming Avenue, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located at the northwest corner of New Stine Road and Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. 384 Bakersfield, California, October 10, 1979 - Page 7 The application for this amendment was made by Beim and James and would change subject property from a P.C.D. (Planned Commercial Development - Shopping Center Complex) Zone to a P.C.D. (Planned Commercial Development - Office-Restaurant Complex) Zone. The Planning Commission approved the amended P.C.D., subject to additional conditions and made findings delineated and required under Section 17.47.090 of the Municipal Code. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located at the northwest corner of New Stine Road and Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.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 o£ that certain property in the City of Bakersfield located on the south side of Pacheco Road, 660 feet west of Wible Road. The application for this amendment was made by Ronald C. Pass and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission approved the Negative Declaration, as advertised and posted, and the R-1 zoning at their meeting of September 19, 1979. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of Pacheco Road, 660 feet west of Wible Road. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Freeway 178 and east of Fairfax Road. Bakersfield, California, October 10, 1979 - Page 8 385 The application for this amendment was made by Pedro Pedroza, Agent for Moreland Engineering, Inc., and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone; and from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission approved the Negative Declaration, as advertised and posted, and the requested zonings at their meeting of September 19, 1979. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Freeway 178 and east of Fairfax Road. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of California Avenue, between Marella Way and Business Center Drive. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject properties from an "A" (Agricultural) Zone to a C-O-D (Commercial and Pro- fessional Office - Architectural Design) Zone. The Planning Commission approved the Negative Declaration, as advertised and posted, and the requested zoning at their meeting of September 19, 1979. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of California Avenue, between Marella Way and Business Center Drive. 386 Bakersfield, California, October 10, 1979 - Page 9 Adoption of Zoning Resolution No. 270 denying application of Tony Torres to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1718 Hendricks Lane. The application for this amendment was made by Tony Torres to change subject property from an R-1 (One Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling) Zone. The Planning Commission, at their meeting of September 5, 1979, was of the opinion the requested rezoning of subject property to R-3 would not be compatible with the adjacent properties zoned and developed R-1. A petition containing signatures of 68 property owners and residents of the neighborhood was submitted in opposition to the proposed zone change. Upon a motion by Councilman Barton, Zoning Resolution No. 270 denying application of Tony Torres to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1718 Hendricks Lane, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None Upon a motion by Councilman Barton, petition containing signatures of 68 property owners and residents surrounding 1718 Hendricks Lane opposing ordered placed on file. the proposed zone change, was received and 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: Bakersfield, California, October 10, 1979 - Page l0 387 Segment 1: Segment 2: Segment 3: Approximately 0.16 acre of land located on the northwest corner of Truxtun Avenue and Olive Street, from low-density residential to professional office. Approximately 2.78 acres of land generally located between 33rd and 34th Streets, east of San Dimas Street, from industrial and medium- density residential to professional office. Approximately 4.268 acres of land located south of Teal Street and east of Hughes Lane, from medium- density residential to commercial. This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission, after a public hearing held September 5, 1979, approved the Negative Declaration, but recom- mended denial of Segment 1. The Planning Commission approved the Negative Declarations and recommended approval of Segments 2 and 3, provided certain conditions are met on Segment 3, as delineated in Planning Com- mission Resolution No. 54-79. Mayor Hart declared the hearing open for public partici- pation. Mr. Bob Frapwell, 1654 Olive Street, stated a petition containing 72 signatures of property owners and residents surrounding the property known as Segment 1 was presented to the Planning Commission in opposition to the requested General Plan Amendment. Mr. Frapwell requested that the Council uphold the recommendation of the Planning Commission by denying Segment 1. Mr. Leroy Jackson, representing Sunil R. Lahiri, M.D., owner of the property known as Segment 2, requested that the Council uphold the recommendation of the Planning Commission by approving the requested General Plan Amendment on Segment 2. Mr. Jay Alvin Wheelan, representing the property owners known as Segment 3, stated he was present to answer questions of the Council regarding Segment 3. 888 Bakersfield, California, October 10, 1979 - Page ll 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 discussion, upon a motion by Councilman Ratty, Resolution No. 79-79 of the Council of the City of Bakersfield making findings, adoption of Negative Declarations and denying approval of Segment 1 of proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and approving Segments 2 and 3 of proposed Amendment, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Means, Miller, Payne, Christensen Ratty, Strong, Barton, None None Councilman Barton announced that the Business Development and Parking Committee will hold a public meeting to discuss the Electrical Code on Monday, October 15, 1979, at 5:00 P.M., in the Council Chambers of City Hall, and requested that the staff give proper notification to the public and news media. ADJOURNMENT Council, adjourned at There being no further business to come before the upon a motion by Councilman Christensen, the meeting was 8:50 P.M. ~~~m~mkersfield, Calif. ATTEST: CITY CDERK and Ex Ogficio Clerk of the Council of the City of Bakesfield, California ma Bakersfield, California, 389 October 17, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 17, 1979. 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: Lt. Marine Corps' Mayor Hart. None Minutes of the regular meeting of October 10, Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means approved as presented. SCHEDULED PUBLIC STATEMENTS Arthur Tollkuhn, U. S. Marine Corps, "Toys for Tots" Program and requested support by the donation of a unwrapped new toy. CORRESPONDENCE 1979 were reviewed the community Upon a motion by Councilman Christensen, petition containing 305 signatures of merchants, employees and customers on Ming Avenue opposing elimination of parking on Ming Avenue, was received and ordered placed on file. Upon a motion by Councilman Means, Hay Insurance Agency, Inc., dated October 9, becoming self-insured, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from Volk, Newman, Marsh, Gralla & Karp, Attorneys at Law, dated October 15, 1979, regarding Highland Real Estate's appeal to the decision of the Planning Commission granting application of B. L. Dickinson for a zone change from R-1 to MH, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from Warner Cable of Kern County, dated October 10, 1979, regarding Warner Cable's history of rate increases, was received and ordered placed on file. communication from 1979, regarding cities 390 Bakersfield, California, October 17, 1979 - Page 2 COUNCIL STATEMENTS Councilman Christensen read a letter he received from Harold E. Chapin, Investigation and Insurance Adjusting, 2016 - 17th Street, dated October 16, 1979, regarding the difficulties he had in obtaining a report from the Police Department on a traffic accident that occurred October 8, 1979, on State Route 178 and Fairfax Road. Councilman Christensen made a motion that the letter from Harold E. Chapin be referred to the Police Chief and Chair- man of the Police Department Civil Service Commission for appropriate response back to the Council. This motion was unanimously approved. Councilman Payne read a letter, which contained three photographs, from Mr. Pat Beaty, dated October 13, 1979, regarding problems on Adanac Court with weeds, sidewalks and parking. Councilman Payne stated he has contacted City staff about these problems and feels the situation will be corrected. Councilman Payne made a motion that the letter from Mr. Pat Beaty be received and referred to staff for appropriate action. This motion carried unanimously. Councilman Means requested that the Police Department and staff investigate the traffic problems on Real Road between Stockdale Highway and Palm Street, especially traffic enforcement during the 5:00 P.M. rush hour. Also, that special attention be given to traffic violations occurring at the stop sign at Real Road and Palm Street, with the possibility of erecting a second stop sign in the area. Councilman Miller requested that the staff communicate with the State Department of Transportation to explore the possi- bility of rectifying the errors that have regarding failure to construct on and off several locations. been made in the past ramps at freeways in Bakersfield, California, October 17, 1979 - Page 39i Councilman Payne stated the Police Department cannot enforce each and every intersection in the City of Bakersfield and also combat crime with the allocated manpower. There are only so many hours in a given day and with the limited manpower they are doing the very best possible. Maybe it is time some of the policies and procedures within the Police Department were reviewed to find something more apropos to changing times. REPORTS Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 7-79 regarding City's contri- bution to County of Kern Supporting Air Service to the City, as follows: In April of this year the City Council demon- strated its concern over the withdrawal of United Airline's service by contributing $5,000 to the County of Kern for legal repre- sentation regarding this issue. At that time the Intergovernmental Relations Committee informed the Council that if the City's costs would exceed this amount, we would make further evaluations before any additional funds would be contributed towards this effort. As you know, the County has carried the major load in opposing this air service withdrawal. Recently the County made national attention by filing in the Federal District Court an action which seeks to command the CAB to order no termination of Los Angeles to Bakersfield flights by United until an adequate substitution is found. This litigation will be expensive, however, from all indications our plight will be met with more favorably due to the contro- versy surrounding the CAB's handling of United's withdrawal from Bakersfield-San Francisco flights. The Committee is therefore recommending that the Council approve an additional $5,000 out of the Council's Contingency Fund to the County so that we will be on record as supporting air service to this community. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 7-79 regarding City's Contribution to County of Kern Supporting Air Service to the City, was accepted; and the additional expenditure of $5,000 from the Council's '392 Bakersfield, California, October 17, 1979 - Page 4 Contingency Fund to the County of Kern for the City of Bakers- field's support of air service to this community, was approved. Assistant City Manager-Finance Kelmar reported the City received a letter from the County of Kern indicating their estimate of what the City's property tax revenue for 1979-80 will be. The gross amount is a little over 5.6 million dollars. They also indicated there will be reductions in that amount; such as, delinquency allowance and business inventory subvention. The City will lose a certain amount of money as a result of legislation known as AB 8. However, after considering the ramifications o£ both of those items the amount will be approximately 5.2 million dollars. At the time the budget was finalized and after working with the Auditor-Controlle~ trying to arrive at an estimate, this 5.2 million dollars is approximately $500,000 to $550,000 higher than estimated in August. In 1978-79 the City was to receive a certain amount in State Bailout Funds, however, as a result of salary increases the City was told it would not receive any of these funds. The State Supreme Court invalidated the legislation and as a result the City received approximately $270,000, out of the 1.2 to 1.3 million dollars we were told it should have received. Since that time the State Controller apparently made modifications in their inter- pretation of that legislation. There was a change indicated in AB 8 regarding interpretation of what reserves are, which is what the City was being penalized for. As a result of that an Auditor from the State Controllers of£ice came to Bakersfield to look at financial information and the staff is waiting for a confirmation from them, which is expected in approximately 30-60 days. The Auditor felt the City would probably receive somewhere in the vicinity of $900,000 to $1,000,000. So the City will end up receiving almost all the Bailout Funds from 1978-79. There are some items that have been referred to the Budget Review and Finance 393 Bakersfield, California, October 17, 1979 - Page 5 Committee for consideration. If this money is received it would conceivably provide an opportunity to utilize it for the up£ront money for the Chester Avenue Grade Crossing, whereby other projects would not have to be deferred. If the Committee so recommends this one time money could also be utilized for additional work necessary on the streets. Councilman Strong and Assistant City Manager-Finance Kelmar engaged in a lengthy discussion regarding the estimated carryover funds, reserves and the difference in the figures in the preliminary and final budgets. Councilman Strong stated it seems to him there has been an attempt to hide excess money that existed in the accounts and it was done by reducing the income side of the preliminary budget and increasing the expenditure side. Councilman Strong also stated he is concerned with the difference between the preliminary budget, which is the one the Council had to work with, and the present document. Assistant City Manager-Finance Kelmar stated he would be happy to prepare a reconciliation showing all the changes between the preliminary and final budgets. Councilman Strong stated he would like something prepared where the sources of revenue and expenditures are not all lumped together and the surplus is clearly delineated. Upon a motion by Councilman Barton, inquiries made by Councilman Strong regarding changes between the preliminary and final budgets, sources of revenue and surpluses, were referred to the Budget Review and Finance Committee for investigation and report back to the Council with substantiating documents for reviewing purposes. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 8-79 regarding Planned Merger of General Electric and Cox Broadcasting Corp., as follows: 394 Bakersfield, California, October 17, 1979 - Page 6 On September 10, 1979, the City was notified that General Electric Company will acquire Cox Broadcasting Corporation (CBC). CBC will be- come a wholly-owned subsidiary of General Electric Co. CBC is presently the owner of Bakersfield Cable T.V., Inc. The City Attorney's Office has advised this committee that Ordinance No. 1552, relating to the franchising of Bakersfield Cable Television, provides in Section 5(d) that the franchise: " .... cannot in any event be transferred in part, and it is not to be sold, trans- ferred, based, assigned, or disposed of as a whole, either by forced sale or merger, consolidation or otherwise, without prior consent of the City, and then only under such conditions as may be therein prescribed .... " This committee will therefore recommend that the City Council direct the staff to inform Bakersfield Cable T.V. that the proposed transfer cannot be made without the consent of the City Council. Furthermore, the staff should be directed to present to Bakersfield Cable T.V. those conditions making the fran- chise consistent with the recently negotiated franchise given to Warner Cable T.V. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 8-79 regarding Planned Merger of General Electric and Cox Broadcasting Corp., was accepted; and recommendations as outlined in the report, were approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1862 to 1948, inclusive, in the amount of $180,161.99. (b) Grant Deed from Golden Empire Development Company providing drainage sump as required for Tract No. 4117, located at northwest corner of South "H" Street and Panama Lane. (c) Pipe Line Easement from the City of Bakers- field to California Water Service Company for water service to the South Wing of City Hall. (d) Improvement Agreement for Parcel Map No. 5400 with Farm Financial, Inc., for con- struction of improvements required by the Planning Commission, located at southeast corner of Stine Road and Planz Road. 395 Bakersfield, California, October 17, 1979 - Page 7 (d), (e), (e) (f) (g) (h) (i) (J) Notices of Completion and Acceptance of Work for improvements on: Tract No. 3828 A, Contract No. 78-125 with Loma Vista Corporation, located at Fairview Road and South "H" Street. Tract No. 3838 B, Contract No. 77-4I with Mobilhome Corporation, located on Auburn Street, east of Oswell Street. Tract No. 3838 C, Contract No. 77-141 with Mobilhome Corporation, located on Auburn Street, east of Oswell Street. Tract No. 3838 D, Contract No. 78-47 with Mobilhome Corporation, located on Auburn Street, east of Oswell Street. Tract No. 4109, Contract No. 79-88 with Tenneco Realty Development Corporation, located a~ South Half Moon Drive and Nutmeg Drive. Application for Encroachment Permit from Donald Fowler, 3104 Chester Lane, for construction of concrete block fence along west side property line extending to back of sidewalk at 3104 Chester Lane. Application for Encroachment Permit from C.P.S.W. Properties, for construction of 3 foot wide roof extension into the right- of-way along "E" Street at northeast corner of 22nd Street and "E" Street. The overhang will be a minimum 8 feet above sidewalk grade. Application £or Encroachment Permit from Robert L. Henson, 655 West Panama Lane, for construction of 6 foot high chain link fence or 4 foot high wood fence along South "H" Street and a 4 foot high fence along frontage at 1701 St. Clair Court. Plans and Specifications for street lights for Truxtun Avenue between Oak Street and "G" Street. Agreement between the City of Bakersfield and California Water Service Company authorizing California Water Service Company to construct a water main to serve the South Wing Addition to City Hall. Upon a motion by Counciiman Miller, Items (a), (b), (c), (f), (g), (h), (i) and (j) of the Consent Calendar, were 396 Bakersfield, Cali£ornia, October 17, 1979 - Page 8 adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Christensen, Means Noes: None Strong, Barton, Absent: None Upon a motion by Councilman Miller, Budget Transfer from the Council Contingency Fund to the appropriate Police Department account, in the amount of $6,975.00, for additional Cushman Parking Control Ayes: Noes: Vehicle, was approved by the following roll call vote: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means None Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, low bid o3 Hoven and Company for Annual Contract for Blueprint Reproduction, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, bid £or construction of Motorcycle Shelter Extensions at the Police Facility, was rejected. Upon a motion by Councilman Ratty, bid of Motorola, Inc., for Ten Motorcycle Radios, was accepted. Upon a motion by Councilman Miller, low bid of Valley Tree and Construction for demolition and removal of structures at various locations, Items l, 2, 3, 4, 5 and 7, was accepted and the other bid rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2528 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located at the north- west corner of New Stine Road and Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. Bakersfield, California, October 17, 397 1979 - Page 9 The application for this amendment was made by Beim and James and would change subject property from a P.C.D. (Planned Commercial Development - Shopping Center Complex) Zone to a P.C.D. (Planned Commercial Development - Office-Restaurant Complex) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2528 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Munici- pal Code changing the Land Use Zoning of that certain property located at the northwest corner of New Stine Road and Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means None None Ayes: Noes: Absent: Adoption of Ordinance No. 2529 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of Pacheco Road, 660 feet west of Wible Road. The application for this amendment was made by Ronald C. Pass and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2529 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of Pacheco Road, 660 feet west of Wible Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None 398 Bakersfield, California, October 17, 1979 - Page 10 Adoption of Ordinance No. 2530 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of California Avenue, between Marella Way and Business Center Drive. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject properties from an "A" (Agricultural) Zone to a C-O-D (Commercial and Professional Office - Architectural Design) Zone. Upon a motion by Councilman Means, Negative Declaration and Ordinance No. 2530 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of California Avenue, between Marella Way and Business Center Drive, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means None None Ayes: Noes: Absent: Adoption of Ordinance No. 2531 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 south of Freeway 178 and east of Fairfax Road. The application for this amendment was made by Pedro Pedroza, Agent for Moreland Engineering, Inc., and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone; and from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2531 New Series amending Title Seventeen of the Bakersfield, California, October 17, 1979 - Page 399 Municipal Code of the City of Bakersfield changing the Land Use Zoning of that certain property in the City of Bakersfield located! south of Freeway 178 and east of Fairfax Road, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None NEW BUSINESS Adoption of Resolution No. 80-79 of the Council of the City of Bakers- field deleting a Council Meeting in the months of November, December, 1979 and January, 1980. Upon a motion by Councilman Barton, Resolution No. 80-79 of the Council of the City of Bakersfield deleting a Council Meeting in the months of November, December, 1979 and January, 1980, was adopted by the following roll call vote: Ayes: Councilmen Miller, Ratty, Strong, Barton, Christensen Means ' Noes: None Absent: Councilman Payne HEARINGS This is the time set for continued public hearing before the Council on an Appeal by Highland Real Estate to the decision of the Planning Commission granting the application of B. L. Dickinson to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an MH (Mobilehome) Zone, affecting those certain properties located along both sides of the northerly extension of Fairfax Road. This hearing was duly advertised and the property owners were notified as required by law. This hearing was continued from the Council Meeting of October 3, 1979. The Planning Commission at their regular meeting of August 15, 1979, granted the request for an MH (Mobilehome) Zone, 400 Bakersfield, California, October 17, 1979 - Page 12 and on August 21, 1979, Highland Real Estate filed an Appeal to that decision with the City Council. Mayor Hart declared the hearing open for public partici- pation. Mr. Don Border, 4612 Brewer Avenue, presented a petition containing over 225 signatures urging the Council to deny the request to rezone the 41.56 acres east of Christmas Tree Lane and Panorama Drive in the Highlands area from R-1 (One Family Dwelling) Zone to MH 'Mobilehome) Zone. Mr. Border outlined the reasons they would like this area to remain single family dwellings. Mrs. Mary Brown, 3617 La Costa Street, representing the women of the area, spoke in opposition to the Mobilehome zoning for this neighborhood. Mr. Jerry Randall, 4504 Coronado Avenue, spoke in opposition to the Mobilehome zoning. Mr. Arthur Rockoff, 4501 Christmas Tree Lane, stated this type of zoning is exactly what has happened in the past. The City builds and then plans, instead of planning and then building. Mr. Rockoff requested that the City retain the R-1 zoning for this area. Mr. John Giumarra, Jr., President of Highland Real Estate, stated Mobilehome zoning would be improper for this area because the surrounding area has been developed with single family dwellings. At the present time his company is developing single family dwellings on the bluffs overlooking this proposed Mobile- home park. They are opposing this request for zone change from R-1 to MH from an aesthetic standpoint because Highland Real Estate has developed the property and homeowners purchased with the expectations that the area was going to be R-l, single family dwellings. It would be unfair to change the entire character of the area by allowing a Mobilehome development. Mr. Giumarra requested that the Council deny the MH zoning and allow the area to remain R-1. Bakersfield, California, October 17, 1979 - Page 13 401 Mr. Monroe Rama, property owner in the area, spoke in opposition to the Mobilehome zoning. Mr. B. L. Dickinson, applicant for the MH zoning, stated, on advice from his legal counsel, that Councilman Miller should disqualify himself and not vote on this matter because he has been working against the rezoning and also spoke before the Planning Commission. City Attorney Hoagland stated Councilman Miller consulted with him today on this matter and he does not feel there is a conflict. Councilman Miller appeared before the Planning Commission as a concerned property owner in the area. City Attorney Hoagland stated he can find nothing wrong in Councilman Miller surveying the area to find out how the constituents feel. There is no reason why Councilman Miller should disqualify himself, all Councilmen do that in their area. Mr. James Van Noy, 3109 Fleur Street, stated he felt the requested Mobilehome zoning is necessary to balance the community and avoid isolated areas of exclusive or low income homes. Ms. Mary L. Jones, Planning Commissioner, spoke in favor of Mobilehome zoning, particularly this parcel. Ms. Jones requested that the Council approve the application for Mobilehome zoning. Ms. Stephanie L. in favor of the Mobilehome Council to support it. McCormick, Planning Commissioner, spoke zoning for this area and urged the No further 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 discussion, upon a motion by Councilman Miller, Zoning Resolution No. 271 denying application of B. L. Dickinson to amend Title Seventeen of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakers- field located along both sides of the northerly extension of 402 Bakersfield, California, October 17, 1979 - Page 14 Fairfax Road, was adopted by the following roll call vote: Ayes: Strong, Barton, Councilmen Miller, Payne, Ratty, Christensen, Means Noes: None Absent: None Council, adjourned at ADJOURNMENT further business to There being no upon a motion by Councilman Christensen, 10:30 P.M. come before the the meeting was ATTEST: MAYOR ~ field, Calif. If. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California BY ma Bakersfield, California, October 24, 1979 403 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 24, 1979. 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 Payne, Ratty, Means, Miller Strong, Christ ensell, Absent: Councilman Barton Minutes of the regular meeting of October 17, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Jack Duncan, 527 Pheasant Avenue, requested Council endorsement supporting Proposition l, Anti-Busing Measure, on the ballot for the election to be held November 6, 1979. CORRESPONDENCE Upon a motion by Councilman Payne, communication from Engineering Associates, dated October 22, 1979, requesting abandon- ment of Fortune Street from Panama Lane to Tomlinson Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Payne, communication from David W. Thomley, Receiver for the Bank of America Building, dated October 16, 1979, requesting renewal of Parking Lease Agreement No. 77-99, 20 spaces - Old Police Building Site, was received and referred to the Business Development and Parking Committee for study and recommendation. Councilman Ratty requested that the Business Development and Parking Committee study the temporary parking arrangements that were made for construction purposes and not meant to be per- manent. 4O4 Bakersfield, California, October 24, 1979 - Page 2 COUNCIL STATEMENTS Councilman Christensen reported on a special meeting he attended in San Francisco in September that was called by the League of California Cities for the purpose of discussing the preservation of Lake Tahoe and he also indicated that new material regarding this problem would be placed in the Council packets next week. Councilman Christensen read a letter from Janet Gray Hayes, Mayor of San Jose, requesting that the Council adopt a resolution calling for the establishment of a Lake Tahoe National Recreational Area. Councilman Payne made a statement regarding the frus- trations and delays encountered by people trying to fly out of or into the Bakersfield area. Greater contributions and efforts must be made if this community is to have any hope of retaining essential air service. This area needs the services of United Airlines until such time as Air Pacific can provide essential services. If the people of this community want these services to remain they will have to do something more than the Board of Supervisors and City Council can do. Councilman Payne encouraged each and every member of this community who want to retain competent air service to contact their Councilman, Supervisor, Assemblyman, Congressman and Senator; write letters to local newspapers; call the Chamber of Commerce and Board of Trade; and voice their concerns to their employers, fellow employees, trade and civic organizations, friends and neighbors. This community will suffer a very personal loss if major airlines into and out of this area are lost because we have failed to act properly. During discussion, Councilman Means made a motion that the Council write a letter to the City's Assemblyman, Senator and Congressman urging them to protect the interests of the citizens of Bakersfield by fighting harder to retain United Airlines' services until such time as adequate services are provided. This motion was unanimously approved. Bakersfield, California, October 24, 1979 - Page 3 405 REPORTS Assistant City Manager-Finance Kelmar presented a joint staff report from City Manager H. E. Bergen and County Adminis- trative Officer R. S. Holden, dated October 17, 1979, regarding City and County Fire Services Unification: Interim Report on Fire Station Location Survey. Councilman Miller stated he would like to emphasize, with regards to any proposal that is made regarding the Fire Station Location Survey, that public hearings be held. Upon a motion by Councilman Ratty, report from the City Manager and County Administrative Officer, dated October 17, 1979, regarding City and County Fire Services Unification: Interim Report on Fire Station Location Survey, was accepted; and the Council authorized the solicitation of cost proposals from alternative consultants for conducting a Fire Station Location Survey. CONSENT CALENDAR The following items were listed on the Consent (a) Allowance of Claims Nos. 1949 to 2168, inclusive, in the amount of $361,276.65. Calendar: (b) Claim for Damages from Paulette McCullen, 11709 Brockridge Court, Bakersfield. (Refer to City Attorney) <c) Claim for Damages from Ardis M. Elsdon, 4401Palmacia Drive, Bakersfield. (Refer to City Attorney) (d) (e) Map of Tract No. 4110 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located at northwest corner of Wilson Road and Sage Drive. Improvement Agreement for Parcel Map No. 5594 with Stephen Clifford for improve- ments required by the Planning Commission, located at southeast corner of Planz Road and Wible Road. 4O6 Bakersfield, California, October 24, 1979 - Page 4 (f) (g) (h) (i) (J) (k) (1) Notice of Completion and Acceptance of Work for improvements on Virginia Avenue, Owens Street, South King Street and Potomac Avenue, Contract No. 79-90 with Albert C. Acosta Construction. The project was completed October 19, 1979, except approximately 300 lineal feet of curb and gutter, which cannot be com- pleted until telephone poles are removed from the construction area. Public Works Department recommends that $3,000 be withheld from payment due the contractor until completion of the curb and gutter. The contractor agrees to complete said curb and gutter within 30 days after utilities are relocated. Contract Change Order No. i to Contract No. 79-142 with Griffith Company for construction of pavement improvements on portions of White Lane, Akers Road and Fairfax Road. This Change Order provides for raising manholes which were installed under a previous contract and will add $2,600, increasing the total contract amount to $154,578.32. Contract Change Order No. 1 to Contract No. 79-90 with Albert C. Acosta Con- struction Company for construction of Virginia Avenue, Owens Street, South King Street and Potomac Avenue. This Change Order is necessary to provide a curbing at back of sidewalk to prevent caving of an existing fence and erosion of soil from underneath said fence. Funds for this Change Order have been approved by the Economic Development Administration and will add $4,000, increasing the total contract amount to $78,576.50. Application for Encroachment Permit from George A. Schneider, 913 E1 Toro Drive, for construction of a 4 foot high wood fence along south property line to back of sidewalk area at 913 E1 Toro Drive. Application for Encroachment Permit from Tosco Corporation, 2201 Fruitvale Avenue, to bore under Buena Vista Road for a 10" oil line immediately south of Kern River Canal. Plans and Specifications for construction of a Storm Drain on College Avenue. Consent to Transfer of Ownership from Mobil Oil Corporation to Mohawk Petroleum Corporation, Inc., of Mobil Oil Corpora- tion's Pipeline M-52 located in certain City streets pursuant to franchise authority. Bakersfield, California, October 24, 1979 - Page 5 4O7 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 Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton Upon a motion by Councilman Means, report from the Finance Operations Manager W. D. Higginbotham, Jr., dated October 22, 1979, regarding "Buy-Local" Policy, was received and referred to the Budget Review and Finance Committee for study and recom- mendation back to the Council. Councilman Ratty voted in the negative on this motion. Councilman Ratty stated he could not see a reason to refer this report to a committee because it is perfectly obvious what other cities are doing and what this City should do. ACTION ON BIDS Upon a motion by Councilman Means, low bid for Proposal "A" from Granite Construction Company for resurfacing and improving portions of California Avenue between Stockdale Highway and Oak Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:50 P.M. ~ MAYOR'he City of Bakersfield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California /ASSISTANT CITY CLERK ma 4O8 Bakersfield, California, October 31, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 31, 1979. 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 Ratty, Strong, Christensen, Means, Miller, Payne Absent: Councilman Barton Minutes of the regular meeting of October 24, approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, 1979 were communication from Panama Union School District, dated October 30, 1979, opposing zoning request of Robert J. Matsumoto for property commonly known as 5400 and 5600 Lennox Avenue, was received and will be con- sidered during public hearing on this matter scheduled for November 14, 1979. Upon a motion by Councilman Payne, communication from Moreland Engineering, Inc., dated October 29, 1979, requesting annexation of Wild West Shopping Center located near Real Road and Stockdale Highway, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Payne read a memorandum from R. O. Price, Chief of Police, dated October 22, 1979, regarding Letter Regarding Fatal Accident - Harold E. Chapin, as follows: Reference is made to the letter dated October 16, 1979, to Councilman Christensen from one Harold E. Chapin, complaining that the police department unnecessarily delayed or refused to give him a copy of the report of the fatal accident occurring on State Route 178 and Fairfax Road. The fact of the matter is that Mr. Chapin on his first trip to the office was given the information from the report, such as names, addresses, witnesses, etc. He was Bakersfield, Cali£ornia, October 31, 1979 - Page 2 4O9 told at that time that the remainder of the report was not ready and would not be released pending a review by the district attorney's office. He apparently called the district attorney's office and was told that the district attorney had no hold on the report. He then recontacted this office and was told again that the report would not be released until reviewed by the district attorney -- that is, the narra- tive portion. The reasons for this is that it was a fatal accident and could have involved criminal complaint and it is not desirable to release a report until we are sure it is complete. In fact, several days after the accident I personally contacted the district attorney regarding some information I had received relative to some additional wit- nesses. At that time the district attorney indicated we should pursue the witnesses rather than their office. This caused additional delay to the report being completed. Upon the completion of the report, it was reviewed by the district attorney and now is available for release. Had the report been released prior to the review of the district attorney and further investigation had been required, then those reports which had been released would have been incomplete. Therefore, the report was not released, and I feel that the actions of Lieutenant Middleton were correct. Councilman Payne stated he endorses Chief Price's statement because he also feels the acts of Lt. Middleton were absolutely accurate and proper under the circumstances. Councilman Miller commented on a negative response that has been received from the State Department of Transpor- tation regarding the City's request that they evaluate the need for roadway lighting and flashing beacon at the intersection of Highway 178 and Fairfax Road. Councilman Miller requested that the staff inform the State Department of Transportation that their response is totally unacceptable and invite them to visit the site with him. Mayor Hart stated the Charter Review and Advisory Commission is having difficulty getting a quorum together to hold a meeting. Mayor Hart requested that each Councilman remind their appointees that they accepted the responsibility 4i0 Bakersfield, California, October 31, t979 - Page 3 and should attend the meetings. This Commission should either move forward or it might as well be put out of existence. Councilman Christensen requested that the Secretary of the Charter Review and Advisory Commission call each Councilman prior to the next meeting so they can remind their appointees to attend. Mayor Hart read a Mailgram from John T. Smith, Director of the Western Region of the Civil Aeronautics Board, advising that the CAB and the County of Kern will meet to dis- cuss transitional air service needs for the City of Bakersfield at 10:00 A.M., November 9, 1979, in the office of County Counsel Ralph B. Jordan in the Kern County Civic Center, 1415 Truxtun Avenue. Mayor Hart stated he would be attending this meeting. REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 4-79 regarding Basketball and Volleyball Recreation Fees, as follows: This committee has met with the staff to discuss proposed changes in basketball and volleyball recreation fees. In light of Council policy of recovering the full cost of adult programs and a 50% recovery cost of elementary and junior high programs, the Committee reviewed program cost figures and related justifications for these pro- posed changes. The Committee is satisfied with these and therefore recommends the following: l) The team fees for adult basketball be increased from $400 to $450 per team. This increase is necessary due to the higher cost of facility rental fees from the schools and hourly pay rate adjustments given to scorekeepers, officials, etc. 2) The team fee for adult volleyball be increased from $40 to $45 per team. This increase is necessary due to the higher cost of facility rental fees from the schools. 3) The team fee for elementary and junior high basketball be reduced from $55 to $40 per team. This decrease results from the use of voluntary supervision and leaders from these schools to carry-out programs. Previously, these services were paid for. Bakersfield, California, October 31, 1979 - Page 4 411 Upon a motion by Councilman Christensen, Auditoritum- Recreation Committee Report No. 4-79 regarding Basketball and Volleyball Recreation Fees, was accepted; team fees for adult Basketball were increased from $400 to $450 per team; team fees for adult Volleyball were increased £rom $40 to $45; and team fees for elementary and junior high Basketball were reduced from $55 to $40. Director of Fire and Development Services Needham reported that someone has approached the City on several occasions regarding the rehabilitation and purchase of the Padre Hotel, and it is requested that this matter be referred to a Council Committee. Upon a motion by Councilman Miller the matter of the rehabilitation and purchase of the Padre Hotel was referred to the Business Development and Parking Committee for study and recommendation. Director o£ Fire and Development Services Needham reported that the Council authorized the Redevelopment Agency to pursue an appraisal of the Sill property located at 18th and Eye Streets and this has been done. It is requested that the matter be submitted to a Council Committee for further study and recommendation back to the Council. Upon a motion by Councilman Miller, acquisition of the Sill property located at 18th and Eye Streets, was referred to the Business Development and Parking Committee for study and recommendation back to the Council. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2169 to 2260, inclusive, in the amount of $304,140.92 (b) Application for Leave to Present Late Claim for Damages from Robert Malloy Wakefield, 44049 Hardwood, Lancaster, Calfornia. (Refer to City Attorney) 4i2 Bakersfield, California, October 31, 1979 - Page 5 (c) Application for Leave to Present Late Claim for Damages from Mary McCleery and Charles McCleery, 2817 Lydick Way, Eugene, Oregon. (Refer to City Attorney) (d) Notices of Completion and Acceptance of Work for improvements on: Asphalt Concrete Pavement on portions of Panorama Drive, Contract No. 79-146 with Granite Construction Company. Tract No. 3891 A, Contract No. 77-147, with Tejon Valley Development Company, located at Stine Road and Harris Road. Tract No. 4050, Contract No. 79-87, with Tenneco Realty Development Corporation, located at West Half Moon Drive and Barrington Street. Kern River Canal Diversion Structure, Contract No. 79-72, with Kaweah Con- struction Company. (e) Quitclaim Deed from Gulf Oil Corporation to the City of Bakersfield for surface rights for a portion of the NW¼ of the SW¼ of Section 26, T. 29 S, R. 27 E., MDB&M, located approximately 3/4 mile west of Oak Street along the Truxtun Avenue Extension. (f) Application for Encroachment Permit from Robert James, 2604 Lum Avenue, for con- struction of a 4 foot high wood fence (3 feet high within right-of-way) along side property lines to back of sidewalk area. (g) Application for EncroachmentPermit from Thomas W. Ladd, 2529 - 21st Street, for construction of a 4 foot high wood fence at back of sidewalk area along Pine Street at southeast corner of 21st Street and Pine Street. (h) Adoption of City of Bakersfield Standard Drawings Nos. S-33, Cul-de-sacs; S-34, Street Knuckle; and S-41, Wheelchair Ramps. (i) Agreement with Pacific Gas & Electric Company providing for underground installa- tion of power service for street lights along Truxtun Avenue between Oak Street and "G" Street. 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 Ratty, Strong, Christensen, Means, Miller, Payne Noes: None Absent: Councilman Barton Bakersfield, California, October 31, 1979 - Page 6 413 ACTION ON BIDS Upon a motion by Councilman Ratty, bid of Robert Moss, Jr., for Roll-Up Door Operators (15 units), was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of South- western Pump Co. for Trailer Mounted Trash Pumps, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Contractors Equipment Supply for One Ton Roller and Tilt Bed Trailer, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Griffin Fabricators for Metal Control Weirs, was accepted and all other bids rejected. Upon a motion by Councilman Means, low bid of Battery Specialists for Automotive Batteries - Annual Contract No. 13480, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Miller, low bid of Granite Construction Company for construction of Storm Drains in Auburn Street and Panorama Drive, was accepted, all other bids rejected and theMayor was authorized to execute the contract. Upon a motion by Councilman Christensen, all bids for eight Police Special Motorcycles, were rejected and the Finance Operations Manager was authorized to readvertise for bids. DEFERRED BUSINESS Adoption of Resolution No. 81-79 of the Council of the City of Bakers- field supporting the creation of a Lake Tahoe National Recreational Area for the preservation of Lake Tahoe. Upon a motion by Councilman Payne, Resolution No. 8!-79 of the Council of the City of Bakersfield supporting the creation of a Lake Tahoe National Recreational Area for the 414 Bakersfield, California, October 31, 1979 - Page 7 preservation of Lake Tahoe, was adopted by the following roll call vote: Ayes Councilmen Ratty, Strong, Christensen, Means, Miller, Payne Noes None Absent: Councilman Barton Councilman Christensen stated Mayor Janet Gray Hayes of San Jose spearheaded this project to save Lake Tahoe and she is encouraging Bakersfield to send a delegate to the National League of Cities Conference to be held in Las Vegas, Nevada, sometime after November 21, 1979. Councilman Means made a motion that Councilman Strong be appointed as the delegate representing the City of Bakersfield at the National League of Cities Conference in Las Vegas, Nevada. Councilman Payne made a motion that Councilman Christensen be appointed as the alternate delegate representing the City of Bakersfield at the National League of Cities Conference in Las Vegas, Nevada. These motions were unanimously approved. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 10.70 to the Munici- pal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakersfield. Due to the increasing problem of litter and damage costs to property created by people drinking alcholic beverages on the streets and highways, it is felt that a measure is needed to control this activity for the public safety and protection of property. The City of Fresno has an ordinance similar to this which has been in e££ect with success. Councilman Means made a motion that the Ordinance adding Chapter 10.70 to the Municipal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakersfield, be referred to the Business Development and Parking Committee for study and recommendation back to the Council. Bakersfield, California, October 31, 1979 - Page 8 415 Councilman Payne offered a substitute motion that first reading be considered given an ordinance adding Chapter 10.70 to the Municipal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakersfield, and the ordinance be referred to the Business Development and Parking Committee for study and recommendation back to the Council at next week's meeting. Councilman Strong stated he recognizes the problem the Police Department is having, but he would hope that the Council would not act in haste and pass a law that might infringe on the rights of people not causing such problems. There may be a number of people who would like to provide public input before acting upon this ordinance, and it is hoped the Council would allow the Committee whatever amount of time needed for written documentation from Fresno on how this law has helped clear up their problem. After discussion, Councilman Payne's amended substitute motion that first reading be considered given an Ordinance adding Chapter 10.70 to the Municipal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakersfield, and the ordinance be referred to the Business Development and Parking Committee for study and recommendation back to the Council as soon as possible, after receiving comments from the Chief of Police and information from the City of Fresno, carried by the following roll call vote: Ayes: Councilmen Ratty, Strong, Christensen, Means, Miller, Payne Noes: None Absent: Councilman Barton Councilman Christensen requested Mayor Hart to send Mayor Janet Gray Hayes of San Jose a copy of the resolution adopted by the Council tonight supporting the preservation of Lake Tahoe and also inform her that Councilman Strong was appointed as the delegate to represent the City of Bakersfield at the National League of Cities Conference in Las Vegas, Nevada. 416 Bakersfield, California, October 31, 1979 - Page 9 Deferral of Operating Agreement with Security Pacific National Bank for Rehabilitation Loans using City's CHFA set-aside allocation. Recently the City of Bakersfield secured a $4,000,000 allocation from the California Housing Finance Agency for housing programs at an 8.25% interest rate. Of that amount, $2,300,000 was divided among five participating local lenders; the balance of $1,700,000 was set aside for the City to direct towards "high priority" loans. This agreement would allow the City to utilize a portion of these funds for Title 1 Home Improvement Loans through Security Pacific National Bank, writing them down to 4% with its Community Development Block Grant Funds. Upon a motion by councilman Strong, Operating Agree- ment with Security Pacific National Bank for Rehabilitation Loans using the City's CHFA set-aside allocation, was deferred until the Council Meeting of November 7, 1979, with the understanding that the loan application documents and accompanying certifi- cation be provided to the Council for their perusal prior to approving the agreement. HEARINGS This is the time set for public hearing before the Council on Resolution of Intention No. 944 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of 40th Street between Chester Avenue and Jewett Avenue, in the City of Bakersfield. This hearing has been duly posted. Mayor Hart declared the hearing open for public participation. Mr. Tom Morris, Bernard & Sons Meat Company, 4011 Jewett Avenue, stated they will be receiving a gift of 11.25 feet of property and will not be able to use it in their business. Mr. Morris wanted to know what they will be required to do with this property, because they do not particularly want another 11.25 feet the length of the property, over 500 feet, to maintain for the next 20 years. Bakersfield, California, October 31, 1979 - Page 10 417 Director of Public Works Hawley stated one of the conditions of Parcel Map No. 743 was that the developer construct curbs, gutters and sidewalks, and the property owner now has an agreement with the City to do that work within 1 year from January, 1979. This action tonight will not have any effect on that agreement, but as far as the 11.25 feet is concerned, that will be abandoned and will go to the adjacent property owner, in this case Bernard & Sons. There is nothing mandated in this gift of property. The property owner is responsible for maintaining the area between the property line and curb not have an effect on that. In other words, the obligation to maintain it. line and this will he already has No further protests or objections being received, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Strong public hearing on Resolution of Intention No. 944 of the Council of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of 40th Street between Chester Avenue and Jewett Avenue, in the City of Bakersfield, was continued until the Council Meeting of November 14, 1979, to allow Mr. Morris time to meet with the Director of Public Works for discussion and clarification of the problems brought out tonight. This is the time set for public hearing before the Council on Resolution of Intention No. 945 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a Road Easement north of State Route 178, in the City of Bakersfield. This hearing has been duly posted. Mayor Hart 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, October 31, 1979 - Page 11 Upon a motion by Councilman Miller, Resolution No. 82-79 of the Council of the City of Bakersfield ordering the vacation of a Road Easement north of State Route 178, in the City of Bakersfield, was adopted by the following roll call vote: Ayes Councilmen Ratty, Strong, Christensen, Means, Miller, Payne Noes None Absent: Councilman Barton This is the time set for continued public hearing before the Council to consider the adoption of an Ordinance of the Council of the City of Bakersfield amending portions of Title 13 including Chapters 13.01 and 13.56 adopting by reference the Uniform Electrical Code, and the National Electrical Code, 1978 Edition. This hearing was continued at the Council Meeting of September 12, 1979 and referred to the Business Development and Parking Committee in order to resolve some of the issues raised and allow further public input. Mayor Hart declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council delibera- tion and action. Upon a motion by Councilman Payne, Ordinance of the Council of the City of Bakersfield amending portions of Title 13 including Chapters 13.01 and 13.56 adopting by reference the Uniform Electrical Code and the National Code, 1978 Edifion, was continued until the Council Meeting of November 14, 1979. Bakersfield, California, October 31, 1979 - Page 12 ADJOURNMENT There being no further business to come be£ore the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:30 P.M. MAY(LP~the City of Bakersfield, Calif. ATTEST: CITY C d Clerk of the Council of the~City of Bakersfield, California ma Bakersfield, California, November 7, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 7, 1979. 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 October 31, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. John Ramirez, U. S. Bureau of Census, reviewed the procedures that will be followed during the 1980 Census to be conducted throughout the United States during April, 1980. Mr. Ramirez stated the Bureau of Census is requesting that the highest elected official, on a voluntary basis, form a Complete Count Committee of a cross section of this community to help publicize and encourage the 1980 Census. Councilman Miller stated he felt the staff should prepare a document supporting the 1980 Census and made a motion that the Mayor and each Councilman appoint one person to serve on the Complete Count Committee to help publicize and encourage the Census. This motion was unanimously approved. Mr. John Jensen, 1405 White Lane, representing Jensen International of Bakersfield, objected to the City's method of awarding the bid for refuse trucks and containers. CORRESPONDENCE Upon a motion by Councilman Miller, communication from Mr. & Mrs. A1 Grimes, 709 Hewlett Street, dated November 5, 1979, opposing zoning request of Robert J. Matsumoto for property commonly known as 5400 and 5600 Lennox Avenue, was received and will be considered during public hearing on this matter scheduled for November 14, 1979. Bakersfield, California, November 7, 1979 - Page 2 4121 Upon a motion by Councilman Miller, communication from Daniel R. Hale, P.O. Box 9206, Bakersfield, dated November 2, 1979, giving notice of commencement of an action in Superior Court seeking a Writ of Mandate to set aside the approval and acceptance by the City Council of the Environmental Impact Report for th& Rio Bravo Land Use and Transportation Element Amendment to the General Plan, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from the Downtown Business Association, dated November 2, 1979, urging the adoption of the proposed ordinance prohibiting drinking of alcoholic beverages on City streets, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from Gannon Enterprises, Inc., dated November 2, 1979, offering to work with the City of Bakersfield in the selection, construction and operation of housing which would help the City meet some of its relocation obligations within the Downtown Redevelopment Target Area, was received and referred to the Fire and Development Services Department for response. Upon a motion by Councilman Payne, communication from Safeway Stores, Inc., dated October 30, 1979, requesting that Condition No. 2 be waived regarding installation of a fire hydrant on Brundage Lane 150 feet east of the intersection with Chester Avenue, was received and referred to the City Attorney for response. COUNCIL STATEMENTS Councilman Ratty announced that the grant has been approved by the F.A.A. for Phase II of the Planning Study for the Bakersfield Airpark. This requires 20% from participating parties and in the previous Feasibility Report on a study site the County and City cooperated in this percentage. Councilman Ratty requested that the staff initiate a letter to the County of Kern asking that they join the City in this effort. 422 Bakersfield, California, November 7, 1979 - Page 3 Councilman Ratty stated it has been brought to his attention that he did not comment on the proposed ordinance pro- hibiting drinking of alcoholic beverages on City streets. Council- man Ratty stated he is solidly behind this ordinance because it is necessary to give Police Officers a needed tool to handle a very difficult situation on Chester Avenue. Councilman Ratty stated he is deeply humiliated and embarrassed by the United States handling of the situation in Iran. The United States is supposedly one of the strongest nations in the world who upholds moral and financial values, and it is hard to understand how we can be intimidated by any little dust spot that happens to sit on a lot of oil. It is hoped that President Carter starts acting like a man in this situation because they are dealing with lives. Councilman Payne stated he plans to make a motion at next week's Council Meeting instructing the staff to install some type of traffic control device at the intersection of Montalvo Drive and Kroll Way. Councilman Miller requested a status report on the Parks Policy that the Council requested the staff and Planning Commission to draft several weeks ago. Director o£ Public Works Hawley stated there is a draft policy presently being worked on and it should be ready to submit to committee in approximately one month. Councilman Miller requested a report on the meeting that was held at the Y.M.C.A., Monday, November 5, 1979, regarding the proposed Downtown Shopping Mall. Director of Fire & Development Services Needham stated that all property owners, tenants and employees in the entire project area were notified of the meeting. The purpose of the meeting was for input so that information could be relayed to the Council and Redevelopment Agency. The information from that meeting Bakersfield, California, November 7, 1979 - Page 4 423 should be compiled and completed in approximately one week and it will then be forwarded to the Council, Mayor and Redevelopment Agency. Councilman Christensen requested that the staff notify the Redevelopment Agency that the Council wants to receive notices of their meetings 24 hours in advance of such meetings. REPORTS Assistant City Manager-Personnel Russell introduced Mr. Jerry Robinson, Dean of Activities and Athletic Director of Foot- hill High School, and the student counterparts for Mayor and Members of the Council who will be participating in the 25th Annual Teenage Student Government Day on Wednesday, November 14, 1979. Mr. Russell reviewed the schedule of activities for Teenage Student Government Day and invited the Mayor and Council to attend. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2261 to 2360, inclusive, in the amount of $129,032.72. (b) Map of Tract No. 4163 and Improvement Agreement with Mobilhome Corporation for construction of improvements therein, located west of La Costa Street and north of Auburn Street. (c) Plans and Specifications for pavement improvements on La Costa Street between Auburn Street and 1,300 feet north. (d) Plans and Specifications for construction of Canal Extension on White Lane at Farmer's Canal. (e) Revision of City of Bakersfield Standard Drawing Nos. S-9, Drainage Sump; S-10, Chain Link Fence; and S-11, Chain Link Gates. (f) Street Dedication from John and Dorothy Slikker for a portion of Floral Drive as required by the Planning Commission for Parcel Map No. 4744, located west of Mt. Vernon Avenue, south of Freeway 178. (g) Agreement with the County of Kern pro- viding for a pipeline crossing of the Kern River and Cross Valley Canal on the Gosford-Coffee Road facilities. 49.4 Bakers£ield, California, November 7, 1979 - Page 5 Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Strong, low bid of Granite Construction Company for resurfacing portions of "T" Street, 8th Street and Owens Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, bid of Safety Electric Corporation for Street Lights along Truxtun Avenue between Oak Street and "G" Street, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, base bid of Granite Construction Company for construction of curbs and gutters on various streets in the Kern Division, was accepted and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Ratty, low bid of Ray Gaskin Service for Refuse Trucks and Containers, was accepted, the other bid rejected and Budget Transfer from Account No. 81-848-6100 to Account No. 81-484-8000, in the amount of was approved, by the following roll call vote: Councilmen Strong, Barton, Christensen, Payne, Ratty Councilman Means $25,195.64, Ayes Noes: Absent: Abstaining: None Councilman Upon a motion Fire Equipment for l½" Fire Hose, was rejected. Miller by Councilman Payne, low bid of Wardlaw accepted and all other bids Bakersfield, California, November 7, 1979 - Page 6 Upon a motion by Councilman Ratty, low bid of Kern County Equipment Company for 4,000 lb. Capacity Fork Lift, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of CESCO for Vibrating Roller for the Public Works Department, was accepted and the other bid rejected. Upon a motion by Councilman Payne, all bids for Annual Contract for Tire Recapping, were rejected and the Finance Operations Manager was authorized to rebid the contract. DEFERRED BUSINESS Referral of Operating Agreement with Security Pacific National Bank for Rehabilitation Loans using City's CHFA set-aside allocation. Recently the City of Bakersfield secured a $4,000,000 allocation from California Housing Finance Agency for housing programs at an 8.25% interest rate. Of that amount $2,300,000 was divided among five participating local lenders; the balance of $1,700,000 was set aside for the City to direct towards "high priority" loans. This agreement would allow the City to utilize a portion of these funds for Title I Home Improvement Loans through Security Pacific National Bank, writing them down to 4% with its Community Development Block Grant funds. The Operating Agreement with Security Pacific National Bank for Rehabilitation Loans using the City's CHFA set-aside allocation was continued at the Council Meeting of October 3, 1979, with the understanding that the loan application documents and accompanying certification be provided to the Council for their perusal prior to approving the agreement. After discussion, upon a motion by Councilman Strong, Operating Agreement with Security Pacific National Bank for Rehabili- tation Loans using City's CHFA set-aside allocation, was referred to the Budget Review and Finance Committee for further study and recommendation. 426 Bakersfield, California, November 7, 1979 - Page 7 NEW BUSINESS Adoption of Resolution No. 83-79 of the Council of the City of Bakers- field consenting to a Joint Public Hearing on the proposed Third Amend- ment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project; authorizing the establishment of a date therefor, and publication of Notice of Joint Public Hearing. This resolution is required by Sections 33431 and 33433 of the California Community Development Law and sets the date for the Joint Public Hearing with the City Council and Redevelopment Agency for 4:00 P.M., Wednesday, December 5, 1979, in the Council Chambers of City Hall. Upon a motion by Councilman Barton, Resolution No. 83-79 of the Council of the City of Bakersfield consenting to a Joint Public Hearing on the proposed Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project; authorizing the establishment of a date therefor, and publication of Notice of Joint Public Hearing, was adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Ayes: Noes: None Absent: None HEARINGS This is the time set for public hearing before the Council to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District No. 2, Division 4. This hearing has been duly posted and utility companies and property owners within the District have been notified. On October 3, 1979, the Council adopted Resolution No. 74-79 and established November 7, 1979, as the date for public hearing on whether public interest requires undergrounding of Bakersfield, California, November 7, 1979 - Page 8 427 public utilities in an area bounded on the north by l?th Street, on the east by "N" Street, on the south by Truxtun Avenue and on the west by "K" Street. Mayor Hart declared the hearing open for public partici- pation. Mr. Kenneth Bates, Deadrich, Bates & Tutton, Attorneys at Law, 1122 Truxtun Avenue, spoke in opposition to the under- grounding of utilities in this area. Mr. William Kuhs, one of the owners of the First Baptist Church property, spoke in this area. Mr. Kuhs also Fanucchi, property owners favor of the underground of utilities in stated Mr. Kilton Younger and Mr. Gino in the area, have authorized him to speak in favor of this district on their behalf. Mr. Edwin Wilson, Attorney at Law, 1112 Truxtun Avenue, spoke in favor of undergrounding utilities in this area. No further 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. Upon a motion by Councilman Ratty, Resolution No. 84-79 of the Council of the City of Bakersfield, State o£ California, establishing Underground Utility District No. 2, Division 4, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Discussion regarding Street Cleaning Program. City Manager Bergen stated this presentation will be on the City's Street Cleaning Program. Over the past six months some members of the Council have expressed a desire to provide more in- put into the City's annual budget, particularly Councilman Means, who has expressed interest and concern on the budget and how the Bakersfield, California, November 7, 1979 - Page 9 level of service directly affects expenditures. As a result, from time to time, the staff plans to make presentations regarding various City services allowing the Council to comment and modify how present levels of service are chosen and those modifications could then be reflected in the budget. The Street Cleaning Program has been selected for this presentation and the attached materials were prepared by the Public Works Department. Public Works is planning other areas for presentation; such as the Parks Policy. The staff would appreciate comments from the Council regarding format of the presentation and contents. Councilman Means stated he is particularly glad the staff is implementing some of these changes. Members of the Budget Review and Finance Committee and other Councilmen have had concerns regarding this year's budget. It is the Council's job to set policy and provide direction for the City departments and programs. This will provide the Council more control on how to allocate money and make cuts. In looking over what has been prepared it looks like an excellent beginning. Director of Public Works Hawley reviewed the budget and objectives prepared by the Street Superintendent on the Street Cleaning Program. Councilman Barton stated to make street sweeping more notifying people in effective there will have to be some way of residential areas to move their vehicles. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:55 P.M. AYOR Bakersfield, Calif. CITY C~RK and Ex q~ficio Clerk of the Council of the City of Bak4&sfield, California ma Bakersfield, California, November 14, 1979 429 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 14, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. Present: Absent: The City Clerk called the roll Mayor Hart. Councilmen Barton, Miller, None Minutes of the regular meeting of November 7, as follows: Christensen, Means, Payne, Ratty, Strong approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Marvin Bookout, 230 Inyo Street, for a 1979 were submitted a request rate increase from businesses who have permits to perform towing services for the Police Department. Upon a motion by Councilman Miller, request for a rate increase from businesses who have permits to perform towing ser- vices for the Police Department, was referred to the Business Development and Parking Committee for study and recommendation. CORRESPONDENCE Upon a motion by Councilman Means, communication from Sister M. Placida, Mercy Hospital, dated October 15, 1979, regarding Charter City Financing, was received and referred to the Budget Review and Finance Committee. Councilman Means made a motion that the communication from Frank J. Remerowski, 1114 Oleander Avenue, dated November 9, 1979, regarding debris that students from Bakersfield High School drop on lawns, sidewalk and in the gutter along Oleander Avenue between California Avenue and Blanche Street, be received and placed on file. Councilman Ratty communication from Frank J. November 9, 1979, offered a substitute motion that the Remerowski, 1114 Oleander Avenue, dated regarding debris that students from Bakersfield 430 Bakersfield, California, November 14, 1979 - Page 2 High School drop on lawns, sidewalk and in the gutter along Oleander Avenue between California Avenue and Blanche Street, be received and referred to the Business Development and Parking Committee for further investigation. This motion was unanimously approved. Upon a motion by Councilman Payne, communication from McMahan Furniture Stores, 2626 Ming Avenue, dated November 13, 1979, regarding Planning Commission hearing on the elimination of parking on Ming Avenue between Hughes Lane and Gosford Road, was received and ordered placed on file. Upon a motion by Councilman Means, communication from Granite Construction Company, dated November 14, 1979, thanking various City departments for their outstanding cooperation during the reconstruction of California Avenue, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Barton stated that during a demonstration for a new vehicle for the handicapped it was brought to his attention that the City still has four parks that do not have restroom facilities for the handicapped. Councilman Barton requested that the staff investigate and report back to the Council regarding the modification of these park restrooms. Councilman Payne stated during the past several weeks he has been conferring with staff regarding the intersection of Montalvo Drive and Kroll Way and it should be clearly understood that this intersection still does not meet the warrants to justify installation of traffic control devices. However, based upon the changing traffic pattern, City staff's concern for the welfare of people living in the immediate area around Stockdale School and people traveling through that intersection, stop signs will be installed along Montalvo Drive at key locations within the next week. Bakersfield, California, November 14, 1979 - Page 43.1 3 Councilman Payne suggested that the Council conduct a Workshop with members of the Planning Commission, staff, developers and public in order to exchange ideas and work out some of the continuing controversies between these groups. Councilman Payne requested that the staff prepare, as soon as possible, a brief report on the progress that has been made, when further progress can be expected and a timetable of the estimated completion date of the Truxtun Avenue extension. Councilman Payne referred a letter he received from Mrs. Sandra Bjornson, 4301 Commanche Drive, dated November 8, 1979, regarding the Olcese Water District Sewage Treatment Plant, to staff for review and input back to the Council for direction. Councilman Miller asked where the City stands regarding the issuance of a Conditional Use Permit to Olcese Water District. Director of Fire & Development Services Needham stated this matter has not been before the Board of Zoning Adjustment or Planning Commission for a Conditional Use Permit, nor has a request been received. Councilman Miller warned that the Council not prejudice their ability to be unbiased regarding any actions that may be taken as a group prior to Olcese Water District coming to the Planning Commission and Board of Zoning Adjustment. The Council will, at one time or another, have to make a decision on this issue. Mayor Hart requested a progress report on the recon- struction of California Avenue. Director of Public Works Hawley stated most o£ the work was completed this afternoon and traffic should be nearly normal by tomorrow. Some minor work will continue during the next couple weeks, but it should not create a major disruption of traffic. Councilman Miller provided each Councilman with a copy of an article from Barron's Magazine regarding political happenings in the nation and locally. 432 Bakersfield, California, November 14, 1979 - Page 4 Councilman Miller stated that sometime in the future he will present a resolution supporting a State initiative regarding the elimination of the Inheritance and Gi£t Taxes. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 5-79 regarding Auditorium Fees, as follows: This Committee has met with the staff to dis- cuss proposed changes in certain fees at the Civic Auditorium. As we are all aware, the Civic Auditorium was constructed with the intent of not necessarily being a profit making operation, but to provide a service to the community. However, prudent management dictates that when costs are increasing it becomes necessary to review fees and charges to keep up with these costs. The Committee has reviewed these changes and feels they are justified and therefore recommends the following be effective January 1, 1980: Food and Beverage Catering Fees (1) The present fee for catering food be in- creased from the $150 minimum or 6% of gross whichever is greater to a $200 minimum or 10% of gross whichever is greater. The present fee for catering beverages be increased from the $50 minimum or 15% of gross whichever is greater to a $100 minimum or 15% of gross whichever is greater. The present food and beverage catering fees were established in 1962 and 1967 respectively. Since that time, Auditorium operating costs have increased significantly and the City has made an investment in new tables which provides greater flexibility for the caterers. For the Council's information, a 1978 International Association of Auditorium Managers' survey of all member facilities in California (see attached) indicates our fees are among the lowest in the State. We do not feel this increase will have an effect on the usage of the Auditorium as most of the conventions and other events have been coming to Bakersfield for many years. (2) For events that do not use the kitchen facilities, but have food brought in, it is proposed the minimum fee may be waived, but the City collect the percentage. Presently, we receive no income from this activity. How- ever, by imposing this fee in this manner, it will provide the Auditorium management with more flexibility, as an example to meet the increasing number of requests for receptions associated with events at the Auditorium. Bakersfield, California, November 14, 1979 - Page 5 433 Ticket Seller Services Increase the hourly rate from $4.50 per hour to $5.50 to recover all salary and related costs. This is necessary due to recent salary adjustments. Parking Fees Increase the event parking lot rental fee from $50 to $100. If the lot is not rented, the City collects $.50 per car and may receive up to $250 per event if the lot is full. Due to the reasonableness of the present flat rate amount, many events are availing themselves of this as a inducement to increase ticket sales, thus resulting in reduced City income. This increase will help to offset this revenue loss. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 5-79 regarding Auditorium Fees, was accepted; and recommendations as outlined in the report, were approved. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.32.200 (e) of the Municipal Code relative to the use of Auditorium Kitchen Facilities. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.32.200 (e) of the Municipal Code relative to the use of Auditorium Kitchen Facilities. Adoption of Resolution No. 85-79 of the Council of the City of Bakers- field amending Resolution No. 37-77 respecting Commercial Rental Rates for the Civic Auditorium. Upon a motion by Councilman Christensen, Resolution No. 85-79 of the Council of the City of Bakersfield amending Resolution No. 37-77 respecting Commercial Rental Rates for the Civic Auditorium, was adopted by the following roll call vote: Ayes Noes Councilmen Barton, Christensen, Means, Payne, Strong Councilman Miller Absent: None Abstaining: Councilman Ratty 434 Bakersfield, California, November 14, 1979 - Page 6 Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 14-79 regarding Temporary Salaries through January l, 1980, as follows: During the 1979-80 budget session the City Council requested the staff to apply for CETA Manpower Funds where possible rather than requesting additional employees. At that time we anticipated that it would take approximately three months to make application and have the CETA employees working for the City. With this thought in mind, the Public Works, Police and Fire Departments were faced with a nine month cut in temporary salaries. Due to circumstances beyond our control, the City was not able to finalize our application with CETA by September l, 1979 and we have now established a new date, January l, 1980, for entering into this program. In the meantime these departments are in need of funds for temporary salaries for the months of October, November and December, 1979. These requests are as follows Police Department Auditorium-Recreation Public Works $ 6,575 $ 6,240 $72,000 The Governemental Efficiency and Personnel Committee has reviewed the attached requests from the Chief of Police, Public Works Director and Auditorium-Recreation Manager and recom- mend Council approval to transfer $84,815 from the Council Contingency Fund to these three departments' temporary salary accounts. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 14-79 regarding Temporary Salaries through January l, 1980, was accepted; and Budget Transfer from the Council Contingency Fund to the Police, Auditorium-Recreation and Public Works Departments' Temporary Salary Accounts, in the amount of $84,815, was approved. Council- man Miller voted in the negative on this motion. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 10-79 regarding Parking Lot on 18th Street between "H" and "Eye" Streets, as follows: The matter of the parking lot on the north side of 18th Street between "H" and "Eye" Streets was discussed with the Council on July 25, 1979, at which time this Committee recommended and the Council authorized the Redevelopment Agency to 435 Bakersfield, California, November 14, 1979 - Page 7 consider the parking lot on 18th Street for acquisition by the Agency. The Agency since that time has received an appraisal, and is waiting for the City Council to give further direction. On November 8, 1979, this Committee met to discuss further necessary efforts to be taken by the City to provide sufficient public parking in the downtown area. Therefore, it is recommended by this Committee that the City Council authorize the Agency to proceed with negotiations for acquisition of subject property, and that the eminent domain process for condemnation of the property be pursued only if all other negotiating processes to purchase the property fails. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 10-79 regarding Parking Lot on 18th Street between "H" and "Eye" Streets, was accepted; and the Redevelopment Agency was authorized to proceed with negotiations for the acquisition of property located on 18th Street between "H" and "Eye" Streets, and eminent domain process for condemnation of the property is to be pursued only if all other negotiating processes to purchase the property fail. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 11-79 regarding Ordinance Re Drinking of Alcoholic Beverages on Public Streets, as follows: On October 31, 1979, the Council referred the matter of a New Series Ordinance entitled, "An Ordinance of the Council of the City of Bakersfield adding Chapter 10.70 to the Muni- cipal Code prohibiting Drinking of Alcoholic Beverages on the streets in Bakersfield," to this Committee for study and recommendation. This Committee discussed this referral on November 8, 1979. It is the recommendation of this Committee that the ordinance be adopted by the City Council. Councilman Barton made a motion that Business Development and Parking Committee Report No. 11-79 regarding Ordinance Re Drinking of Alcoholic Beverages on Public Streets, be accepted. 436 Bakersfield, California, November 14, 1979 - Page 8 Police Chief Price, in response to questions by Council- man Means, stated under this ordinance people cannot be arrested for drinking in their front yards. The ordinance only pertains to streets, sidewalks and alleys. The Police Department of the City of Fresno indicated that their ordinance has worked with a fair amount of success for specific instances. It will be used for purposes, such as, the problem on Chester Avenue or situations where block parties are being held in residential areas and drinking spills onto City streets and sidewalks. It will be used to handle situations where people gather for the specific purpose of drinking on sidewalks and streets. The City of Fresno's Police Department has not received any complaints from the citiznes regarding enforcement of their ordinance. Councilman Means, speaking in opposition to the ordinance, stated that it seems absurd that a law will be passed theaffects the entire City when the problem is on Chester Avenue in the downtown area. It is recognized that there is a drinking problem on Chester Avenue and he is willing to do whatever necessary to take care of it as long as it does not affect the people in his ward who may be standing on their sidewalks, which they consider their property, and breaking the law. This is setting a bad precedent, it can be absurd and a waste of time and money. If there is a drinking problem downtown it should be considered along with other problems that the Police Department would like to see solutions to and acted upon by the Council. The Council should consider other areas rather than this one specific area. Council- man Means stated he would rather see the Police Department doing something about enforcing laws on beatings, shootings and robberies rather than writing new laws that will be very difficult to enforce except in one specific area. Councilman Christensen question the staff about littering as it pertains to the ordinance, originator of ordinances and the intent of Councilman Payne's motion of October 31, 1979, regarding Bakersfield, California, November 14, 1979 - Page 9 referral of the ordinance to the Business Development and Parking Committee for study and recommendation back to the Council, as soon as possible, after receiving comments from the Chief of Police and information from the City of Fresno. Councilman Barton explained the process the Business Development and Parking Committee £ollowed in bringing this report back to the Council. City Attorney Hoagland explained how ordinances are originated and presented to the Council. Councilman Christensen stated he would like to see the lid put on this drinking problem, however, he felt the ordinance is very unjust unless it is enforced throughout the City. He stated he is thoroughly convinced that since the City of Bakers- field is number one in the State, population wise, for crime, Policemen need to devote more time to burglaries, robberies, thefts, rapes, etc., than passing a specific law for one little area. If it was passed and enforced for the whole City he would buy it lock, stock and barrel. Police Chief Price addressed the Council concerning the ordinance. After a very lengthy discussion, Councilman Ratty made a motion to call for the question. This motion was unanimously approved. Councilman Barton's motion that Business Development and Parking Committee Report No. 11-79 regarding Ordinance Re Drinking of Alcoholic Beverages on Public Streets be accepted, was approved. Councilman Means voted in the negative on this motion. Adoption of Ordinance No. 2532 New Series of the Council of the City of Bakersfield adding Chapter 10.70 to the Municipal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakersfield. Upon a motion by Councilman Barton, Ordinance No. 2532 New Series of the Council of the City of Bakersfield adding Chapter Bakersfield, California, November 14, 1979 - Page 10 10-70 to the Municipal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Miller, Payne, Ratty Noes: Councilmen Means, Strong Absent: Councilman Christensen City Attorney Moagland reported on the Bakersfield Cable TV Merger, as follows: About a month ago the City was informed of the merger of Cox Broadcasting with General Electric. At that time the Council directed the staff to contact Bakersfield Cable TV (Cox Broadcasting is the parent company) relative to certain conditions the City might want to impose in order to consent to that merger. A letter was directed to Mr. Howard Charmell, General Manager, dated October 18, 1979, stating that the City would like him to respond relative to the consent and upon what conditions that might be granted. After not hearing from him I called and learned he had forwarded the letter to their Attorneys located in Washington, D.C. The merger will not take place until sometime after the first of the year. They will contact the City sometime before that relative to the consent. Director of Public Works Hawley reported on the status of the Facilities for the Chamber of Commerce, as follows: The Chamber of Commerce requested, by letter on August 21, 1979, that the City assist them in finding a site for a new Chamber facility. The staff has met with the Chamber and they have expressed interest in being located at Beach Park. Three possible sites have been looked at near the existing Board of Trade Building. Presently the Chamber has an Archi- tect reviewing the alternate sites and after they receive his comments they will make a specific proposal to the City. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 15-79 regarding Reclassi- fication of Water Department Position, as follows: The Governmental Efficiency and Personnel Committee recently met with staff regarding the reclassification of a Agricultural Water Department position. The position in question is that of a Utility Worker which has not been filled since the City took over the Water Department from Tenneco. Bakersfield, California, November 14, 1979 - Page 439 At this particular time both the Domestic Water and Agricultural Water Departments are in need of an Equipment Operator III. It is the feelings of the staff that both departments could make use of this classification, there- fore we are recommending that one unfilled Utility Worker classification in the Agricul- tural Water Department be upgraded to Equipment Operator III. This will amount to approximately $3,600 more per year, however, since the position has not been filled, monies are avail- able in the Water Department budget. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 15-79 regarding Reclassification of Water Department Position, was accepted; and one unfilled Utility Worker classification in the Agricultural Water Department was upgraded to Equipment Operator III. CONSENT CALENDAR The (a) (b) following items were listed on the Consent Calendar: Allowance of Claims Nos. 2361 to 2560, inclusive, in the amount of $302,246.58. Quitclaim Deed to West Land Properties and Street Right-of-Way Deed from Mosesian Mortgage Company, Inc., providing for an exchange of property to correct alignment of Bernard Street east of Oswell Street. (c) Street Right-of-Way Deed from Bakersfield Country Club Development, Ltd., providing for dedication of Fairfax Road south of Freeway 178 as required for Parcel Map No. 5663. (d) Notices of Completion and Acceptance of Work for: Tract No. 4029, Contract No. 79-13 with Tenneco Realty Development Corporation, located at E1 Portal Drive and Gosford Road. Tract No. 4031, Contract No. 79-11 with Tenneco Realty Development Corporation, located at E1 Portal Drive and Laurelglen Boulevard. Tract No. 4069, Contract No. 79-20 with Challenge Builders, located at Anita Lane and Ming Avenue. Tract No. 4150, Contract No. 79-110 with Kern County Development, Inc., located at Pacheco Road and Stancliff Court. 44O Bakersfield, California, November 14, 1979 - Page 12 (e) Plans and Specifications for resurfacing portions of Valhalla Drive and Columbus Street. (f) Plans and Specifications for construction of 21" Sewer in District Boulevard east of Ashe Road. (g) Request from Farm Financial, Inc., for annexation of property generally located north of Panama Lane, west of Stine Road and south of the McKittrick Branch of the Southern Pacific Railroad and containing approximately 400 acres of land. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong Noes: None Absent: Councilman Christensen ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of Huntmix, Inc., for Annual Contract for Asphalt Concrete, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, all bids for 5,000 GVW Pickup Truck were rejected and the Finance Operations Manager was authorized to readvertise for bids. NEW BUSINESS Adoption of motion that a Joint Public Hearing be held on Wednesday, December 5, 1979, at 4:00 P.M., with the Redevelopment Agency regarding the proposed sale of real property under the Joint Development Agreement in the Downtown Bakersfield Redevelop- ment Project Area to Bakersfield Associates, and the City Clerk was authorized to cooperate with the Agency's Executive Director to publish Notice in the manner required by law. This basically authorizes the public hearing on the pro- posed sale of the retail parcel to Bakersfield Associates as required under the Joint Development Agreement. 441 Bakersfield, California, November 14, 1979 - Page 13 Upon a motion by Councilman Barton, motion that a Joint Public Hearing be held on Wednesday, December 5, 1979, at 4:00 with the Redevelopment Agency regarding the proposed sale of real property under the Joint Development Agreement in the Downtown Bakersfield Redevelopment Project Area to Bakersfield Associates, and the City Clerk be authorized to cooperate with the Agency's Executive Director to publish Notice in the manner required by law, was adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong Noes: None Absent: Councilman Christensen Councilman Strong indicated that he wanted the record to show that he was voting only to set a date for a public hearing. Adoption of Emergency Ordinance No. 2533 New Series amending Title 16 of the Municipal Code by providing for a Public Hearing before Planning Commission approval of Tentative Maps and by providing for the charging of Fees connected with the processing of Tentative Maps. In July, 1979, the California Supreme Court determined that there must be a noticed public hearing before approval of a Tentative Sudivision Map that has a substantial or significant effect on the property rights of adjacent property owners. This Emergency Ordinance brings the Municipal Code into compliance with the Supreme Court's decision. After discussion, upon a motion by Councilman Means, Emergency Ordinance No. 2533 New Series amending Title 16 of the Municipal Code by providing for a Public Hearing before Planning Commission approval of Tentative Maps and by providing for the charging of Fees connected with the processing o£ Tentative Maps, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Barton, Means, None Councilman Christensen Councilman Miller Payne, Ratty, Strong 442 Bakersfield, California, November 14, 1979 - Page 14 Adoption of Resolution No. 86-79 of the Council of the City of Bakers- field accepting Grant offer of U.S.A. through FAA, in maximum amount of $29,012 to be used under Project 79-1-A-06-0323-02 for Airport Master Planning for Bakersfield Airpark. In March, 1979, the City submitted a grant application for the second phase of the Master Planning Study for the Bakers- field Airpark. The purpose of which is to develop a detailed set of airport plans which illustrate proposed improvements, perform a comprehensive financial evaluation for achieving airport self- sufficiency and conduct an overview environmental analysis. Due to a lack of available funding, the FAA indicated we would have to wait until the fiscal year beginning October 1 for consideration. The FAA has now given its approval and requests acceptance by November 20, 1979. A request has been submitted to the County of Kern for 50% participation of the local share. Upon a motion by Councilman Ratty, Resolution No. 86-79 of the Council of the City of Bakersfield accepting Grant offer of U.S.A. through FAA, in maximum amount of $29,012 to be used under Project 79-1-A-06-0323-02 for Airport Master Planning for Bakers- field Airpark, was adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong Noes: None Absent: Councilman Christensen Adoption of Resolution No. 87-79 of the City Council adopting Interim Wastewater Treatment Policies for the City of Bakersfield. The Planning Commission considered and recommended approval by the City Council Resolution No. 66-79 covering policies for Interim Wastewater Treatment for the City of Bakersfield. Upon a motion by Councilman Payne, Resolution No. 87-79 of the City Council of the City of Bakersfield adopting Interim 443 Bakersfie/d, California, November 14, 1979 - Page 15 Wastewater Treatment Policies for the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Means, Miller, Payne, Ratty, Strong Noes: None Absent: Councilman Christensen HEARINGS This is the time set for continued public hearing before the Council to consider the adoption of an Ordinance of the Council of the City of Bakersfield amending portions of Title 13 including Chapters 13.01 and 13.56 adopting by reference the Uniform Electrical Code, and the National Electrical Code, 1978 Edition. This hearing was continued at the Council Meeting of October 31, 1979. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 9-79 regarding Adoption of the Electrical Codes, as follows: The Business Development & Parking Committee recently conducted a public meeting to discuss specific proposed amendments to the National Electrical Code. A good representation of various groups from the construction industry were in attendance and there was a meaningful exchange of comments concerning the specific amendments being considered. After careful consideration of these comments and staff input, the Committee recommends adoption of the proposal to amend Article 336-3 of the National Electrical Code. It was our decision that this proposal will provide an installation of improved quality and safety that justifies the additional cost. The second item of concern (Ground Fault Circuit Protection), Article 210-8(a)1, was discussed and all in attendance (including staff), agreed to substitute the State of California code amendment for the exception proposed. This Committee so recommends. Since there were no other comments or objections to the other proposed amendments, this Committee recommends adoption of the Uniform Electrical Code, 1979 Edition, and the National Electrical Code, 1978 Edition, with amendments as submitted. 444 Bakersfield, California, November 14, 1979 - Page 16 Upon a motion by Councilman Ratty, Ordinance No. 2534 New Series of the Council of the City of Bakersfield amending portions of Title 13 including Chapters 13.01 and 13.56 adopting by reference the Uniform Electrical Code, and the National Electrical Code, 1978 Edition, was adopted by the following roll call vote: Ayes Councilmen Barton, Means, Miller, Payne, Ratty, Strong Noes None Absent: Councilman Christensen This is the time set for continued public hearing before the Council on Resolution of Intention No. 944 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of 40th Street between Chester Avenue and Jewett Avenue, in the City of Bakersfield. This hearing was duly posted. This hearing was continued from the Council Meeting of October 31, 1979, to allow Mr. Tom Morris, Bernard & Sons Meat Company, 4011Jewett Avenue, time to meet with the Director of Public Works for discussion and clarification of the abandonment of 11.25 feet of property located in front of his property. Director of Public Works Hawley stated after meeting with Mr. Morris, at his property and answering questions, he indicated he no longer opposed the City proceeding with the abandonment of the 11.25 foot strip of land. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon of the Council a motion by Councilman Ratty, Resolution No. 88-79 of the City of Bakersfield ordering the vacation of a portion of 40th Street between Chester Avenue and Jewett Avenue, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Means, Miller, Payne, None Councilman Christensen Ratty, Strong 445 Bakersfield, Californ±a, November 14, 1979 - Page 17 This is the time set for public hearing before the Council on an Appeal by Robert J. Matsumoto to the decision of the Planning Commission denying his application to change the zoning boundaries from an R-1-HOSP. (One Family Dwelling - Hospital) Zone to a P.U.D. (Planned Unit Devleopment) Zone, affecting those certain properties in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue. This hearing has been duly advertised and the property owners have been notified as required by law. Letters have been received from Panama Union School District and Mr. & Mrs. A1 Grimes expressing opposition to the P.U.D. zoning. The Planning Commission denied the request for a P.U.D. zone at their meeting of October l?, 1979. Mayor Hart declared the hearing open for public partici- pation. Mrs. Joyce Davis, resident of Park Stockdale, submitted a petition containing 228 signatures of residents of the area opposing the request for P.U.D. zoning. Mrs. Davis stated she is concerned that this type of zoning would magnify problems with traffic congestion, people living on Hewlett Street will lose their privacy & property value and overcrowd Van Horn School. If this zone change is not denied it is requested that action be postponed until a new E.I.R. is completed taking into consideration the school district and letter from Panama Union School District. Mr. Mack Ryan, resident of Park Stockdale, spoke in opposition to the P.U.D. zoning because he felt it would add to the existing traffic problems. Mr. Alfred Grimes, 709 Hewlett Street, spoke in opposition to the P.U.D. zoning. Mr. Paul Battistoni, resident of Park Stockdale, spoke in opposition to the P.U.D. zoning because it would add to the traffic problems and overcrowded schools. 446 Bakersfield, California, November 14, 1979 - Page 18 Mr. Bob Bellmer, resident of Park Stockdale, spoke in opposition to the P.U.D. zoning because it would add to the traffic problems and overcrowded schools. Mr. Robert Matsumoto, applicant for the zone change, reviewed his application for the P.U.D. zoning and requested that the Council base their decision on the merits of the project and not on an attempt to lure Park Stockdale into the City. Mr. Nick Damigo, Apartment Manager for Mr. Matsumoto, spoke in favor of the P.U.D. zoning. No further 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. During discussion Councilman Payne suggested that this matter be postponed until the Council receives answers to the following questions: 1. How many more of these projects are being contemplated in this area? 2. Are there more streets planned? 3. Does the Traffic Engineer have alternate solutions to the traffic problems in that area? 4. Are more schools being proposed by Tenneco? Councilman Payne also suggested that both groups get together with the Council to develop alternatives. Councilman Means made a motion to adopt Zoning Resolution denying application of Robert J. Matsumoto to amend Title Seventeert of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue. Councilman Strong requested that Councilman Means amend his motion to continue this hearing for two weeks until the Council can find out from the Planning Commission if there are other projects being planned for this general area. If so, who is sponsoring them and what kind of projects are contemplated? 447 Bakersfield, California, November 14, 1979 - Page 19 Councilman Means' amended motion that the Appeal by Robert J. Matsumoto to the decision of the Planning Commission denying his application to change the zoning boundaries from an R-1-HOSP. (One Family Dwelling - Hospital) Zone to a P.U.D. (Planned Unit Development) Zone, affecting those certain properties in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue, be continued until the Council Meeting of November 28, 1979, in order to allow the Council time to find out from the Planning Commission if there are other projects being planned for this general Ayes: Noes: Absent: area, was approved by the following roll call vote: Councilmen Barton, Means, Miller, Payne, Ratty, Strong None Councilman Christensen ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at ll:15 P.M. Calif. ATTEST: of the City of ~akersfield, California ma 448 Bakersfield, California, November 28, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 28, 1979. 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, Payne,, Ratty, Barton Absent: Councilman Strong Minutes of the regular meeting of November 14, 1979 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, communication to Councilman Miller from R. J. McKnight, 2608 Floral Drive, dated November 14, 1979, regarding intersection of Fairfax Road and State Route 178, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from the State Department of Transportation, dated November 20, 1979, regarding Notice of Relinquishment of Brudnage Lane between Oak Street and "P" Street, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from David W. Thomley Corporation, Investment Properties, dated November 20, 1979, urging support of the Downtown Shopping Center, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from Robert J. Matsumoto, President of Great Western Builders, Inc., dated November 21, 1979, regarding his appeal to the decision of the Planning Commission denying his application for a zone change for those certain properties commonly known as 5400 and 5600 Lennox Avenue, was received, ordered placed on file and will be considered during the hearing scheduled later in the agenda. 449 Bakersfield, California, November 28, 1979 - Page 2 Upon a motion by Councilman Payne, communication from Wagy, Bunker, Hislop & Lewis, Attorneys-at-Law, dated November 26, 1979, regarding American Express Company's acquiring a portion of the stock of Warner Cable Corporation, was received and referred to the Business Development and Parking Committee. Upon a motion by Councilman Payne, communication from Mr. & Mrs. A1 Grimes, 709 Hewlett Street, dated November 27, 1979, expressing opposition to request of Robert J. Matsumoto to change the zoning of that certain property commonly known as 5400 and 5600 Lennox Avenue, was received, ordered placed on file and will be considered during the hearing scheduled later in the agenda. Upon a motion by Councilman Miller, communication from Ann Brown (Mrs. Morton E. Brown), dated November 20, ~979, encouraging approval of a Triangular Glass Building proposed for the corner of California Avenue and Lennox Avenue, was received and will be considered during public hearing on this matter scheduled for December 12, 1979. COUNCrL STATEMENTS Councilman Christensen thanked the staff for obtaining transcripts of portions of the Council Meetings of October 31, 1979 and November 14, 1979, regarding the ordinance prohibiting drinking Alcoholic Beverages on streets in the City of Bakersfield. Councilman Christensen requested City Manager Bergen, as Executive Director of the Redevelopment Agency, to furnish the Council, by December 3, 1979, a list of all current property owners within the area known as the Regional Shopping Center, 16.7 blocks, and set forth the following: 1. The date of purchase of each parcel of land. 2. If the property is owned by a corporation, please include the President, Vice-President, Secretary and Treasurer. Councilman Christensen stated he conducted a survey of businessmen and residents in his Ward regarding the Downtown Regional Shopping Center and because of this evidence of public 450 Bakersfield, California, November 28, 1979 - Page 3 opposition and reservation, he would like to be fully informed as to how and what means this entire issue can be submitted to a vote of the people. Councilman Christensen made a motion that the City Attorney be directed to provide the Council, by December 3, 1979, with a memorandum as to the procedures by which this issue of going ahead with the proposed contract can be submitted to a binding or even a non-binding vote of all of the citizens of the City. Councilman Ratty, speaking in opposition to the motion, stated he would take exception to that right now, because this is tantamount to the fact it would kill the whole downtown center and whole operation as it is presently set-up. He also stated he has no problem with people taking a vote, but the timing of the situation and bringing this to a conclusion bears on the fact that a certain time frame has to be met. All the commitments of the law are being met with hearings, etc., and he felt it should go ahead as it is now. City Attorney Hoagland stated there is no problem providing the procedures for an advisory election. However, the Council should be informed that if they enter into any binding contract prior to the time a vote can be obtained, and if the Council were to follow an adverse vote (no development), the City would be in a breach of contract situation, perhaps involving huge sums of money. Councilman Payne stated he would support Councilman Christensen's motion simply because he should receive the infor- mation he wants, but will not support any motion that is going to delay the Council in making a decision on whether to proceed with the project. After discussion, Councilman Christensen made a motion to call for the question. This motion was approved with Councilman Ratty voting in the negative. Councilman Christensen's motion that the City Attorney Bakersfield, California, November 28, 1979 - Page 4 451 be directed to provide the Council, by December 3, 1979, with a memorandum as to the procedures by which this issue of going ahead with the proposed contract can be submitted to a binding or even a non-binding vote of all the citizens of the City, carried by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Barton Noes: Councilman Ratty Absent: Councilman Strong Councilman Miller asked if the Council could be furnished a copy of the Joint Development Agreement regarding the Downtown Shopping Center. Director of Fire & Development Services Needham stated a copy would be supplied tomorrow. Councilman Means stated he has some concerns regarding the ordinance prohibiting drinking of Alcoholic Beverages on City streets that was passed at the last Council Meeting and plans to bring this matter up at the meeting of December 12, 1979. REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 6-79 regarding: I. Chester Avenue Undercrossing; II. NaTional League of Cities Membership; and III. Annual Budget Process, as follows: The Committee has met to discuss a number of items which have been referred by the City Council and the following are our responses to these items: I. Chester Avenue Undercrossing There has been some concern expressed by Council members as to the source of the City's share of "up-front" funding necessary for the Chester Avenue Undercrossing project. It is currently estimated at $500,000 for the 1979-80 fiscal year. This "up-front" money will be utilized to acquire right-of-way and for construction costs. Upon completion and acceptance of the project, these monies will be reimbursed by the State. As a result of changes in interpretation of SB 154 by the State Controller's office and certain legislation enacted in AB 8, the City 452 Bakersfield, California, November 28, 1979 - Page 5 was recently audited by the State in connection with State Bailout funding applicable to the 1978-80 fiscal year. If was indicated by the auditor the City should be receiving additional State Bailout of approximately $950,000. This Committee therefore would recommend that $500,000 of these funds be placed in a trust account to be utilized as the City's "up-front" funding for this project. II. National League of Cities Membership During the June budget hearings, this Committee recommended the City discontinue its membership in the National League of Cities. The Council, however, desired to obtain more information regarding the National League and benefits derived from membership. Attached is the reply to the City's inquiry. The letter notes that 800 cities are direct members, however, over 15,000 are represented through various state leagues. It has been determined the League of California Cities is a member of the National League, therefore the City of Bakersfield is represented through the League of California Cities. By being a direct member City, we would be paying twice for representation. In addition, our annual dues to the National League would be approximately $2,500 including the building assessment. This Committee, therefore, questions the need and cost-benefit of being a direct member and again recommends the City discontinue its direct membership. III. Annual Budget Process In order to assist the Council in making decisions regarding City programs during the annual budget hearings, it is important the most up-to-date financial information regarding resources be available. Under the present system, budget summaries and other revenue information included in the preliminary budget document are actually determined the latter part of April, almost two months before the budget hearings. In addition, final expen- ditures relating to a fiscal year are not actually known until the end of July, when all bills are finally received and processed and a number of revenues relating to a fiscal year are received or not determined until a month or even two after the end of the fiscal year. In light of this and considering the magnitude of dollars involved, it becomes evident variations may occur between pre- liminary budget estimates and final amounts. In an effort to eliminate this problem, the Committee therefore recommends that pre- liminary budget summaries and other revenue information be distributed along with the preliminary budget document, but not be made a part of the document itself and prior to the commencement of budget hearings, the 453 Bakersfield, California, November 28, 1979 - Page 6 staff submit to the City Council up-dated summaries and projections to use during the budget hearings. Revenue information will be provided on a monthly basis for the fourth quarter. By allowing an additional four to six weeks, the Committee and staff feel the Council will have better information to base decisions on. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 6-79 regarding Chester Avenue Under- crossing, National League of Cities Membership and Annual Budget Process, was accepted; and recommendations as outlined in the report, were approved. Councilman Means, Chairman of the Energy Committee, read Report No. 1-79 regarding Review and Recommendations Concerning Proposed Joint Powers Authority to Study the Feasibility of a Solar Utility, as follows: On November 20, 1979, the Energy Committee had its initial meeting during which the proposed Joint Powers Agreement between the Cities of Bakersfield, Santa Monica, Ukiah, San Dimas, Palo Alto, and Oceanside was discussed in considerable detail. For reaons of orienta- tion, the staff presented its first status report on the progress of the participating cities in defining the objectives of the pro- posed Joint Powers Authority, and in identi- fying problems associated with the overall effort. Among the issues discussed were: DEFINITION OF A SOLAR UTILITY: The members of the committee were concerned with the implication of the word "utility" in the context of what our efforts involved. It was pointed out that the various staffs of the participating cities had indicated a similar concern and had resolved the issue in the following way: First, the term utility was meant to imply the delivery of some type of service to each community; Second, this service was not defined in any specific manner thus no restrictions, nor perceived standards were placed upon the activities of any participating city by the language of the contract; Third, the staffs of the cities did not feel the simple use of the term utility (in the absence of any descriptive criteria) would offend or endanger the viability of an existing utility; Fourth, the staff members felt each city should be free to define its own form of service to its citizens. 454 Bakersfield, California, November 28, 1979 - Page 7 WHAT WILL BE THE COST TO THE CITY FOR THIS STUDY: No funds will be expended from the City's General Fund for activities not paid for by the grant monies dispersed by the State Energy Commission. Staff costs will be paid for by the Community Development Division through its Block Grant. COMPREHENSIVE PLANNING EFFORT NEEDED: Staff made a brief presentation on the state-of-the- art as it relates to Energy Conservation and Emergy Planning. It was pointed out that many cities were assuming some responsibility for the conservation of energy, and in so doing, were creating General Plan Elements and ordinances to address these issues. SCHEDULE OF EVENTS: If the City of Bakersfield approves this agreement on November 28, 1979, it will be the £ina~ city of the six to do so. A meeting is scheduled for the 4th of December in the City of Santa Monica to discuss the work programs of the various cities. RECOMMENDATION FOR APPROVAL: The committee has recommended approval of all Staff Recom- mendations. These recommendations are contained within the report to Energy Committee on the Joint Powers Agreement dated November l, 1979. The committee feels these recommenda- tions are the important first step in imple- menting a program of energy conservation and development. Upon a motion by Councilman Means, Energy Committee Report No. 1-79 regarding Review and Recommendations Concerning Proposed Joint Powers Authority to Study the Feasibility of a Solar Utility, was accepted; and recommendations as outlined in the report, were approved. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 7-79 regarding California Housing Finance Agency (CHFA) Loan Program, as follows: The Budget Review and Finance Committee at its November 20 meeting received a staff report regarding progress of the California Housing Finance Agency (CHFA) loan program in Bakersfield. Following is a summary of that information. In April, 1979, the City applied for par- ticipation in the CIrFA Home Ownership/Home Improvement (HOHI) loan program. That application was approved in October with $4,000,000 allocated to the area. Of this amount, CHFA divided $2,300,000 in loan authority among five lenders, with the remaining $1,700,000 set aside for the City to direct towards high priority loans. To Bakersfield, California, November 28, 1979 - Page 8 date, the lenders have committed $900,000 of their total authorization. Basically, the HOHI program provides loan funds at 8½% interest in four major categories. They are new construction (1-4 units), home mortgages, rehabilitation with refinancing, and straight rehab loans. On November 21, 1979, staff held a meeting of local contractors and realtors to explain the program and introduce participating lenders. With regard to the City's set-aside funds, as stated earlier, they can be divided among any or all of the loan categories. These loans would be handled by participating lenders, or coupled with the City's existing loan program as directed by the City. Staff is now preparing a set of recommendations for the use of these set-aside funds which will be submitted to City Council for action within the next two weeks. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 7-79 regarding California Housing Finance Agency (CHFA) Loan Program, was accepted; and recommenda- tions as outlined in the report, were approved. Director of Fire & Development Services Needham recom- mended that the Council adopt a resolution applying for a grant from the Economic Development Administration to construct a water delivery and fire protection system on certain industrial properties in the northwest area of Bakersfield, near Freeway 99 and Rosedale Highway. E.D.A. has the funds available and has requested that the Council adopt this resolution. Upon a motion by Councilman Barton, report from Director of Fire & Development Services Needham regarding Economic Develop- ment Administration Fund Application for a Water System for the Northwest Area of Bakersfield, was accepted. Adoption of Resolution No. 89-79 of the Council of the City of Bakers- field authorizing the Application £or financial assistance from the Economic Development Administration to construct a Water Delivery and Fire Protection System on certain industrial properties in the north- west area of Bakersfield. Bakersfield, California, November 28, 1979 - Page 9 Upon a motion by Councilman Barton, Resolution No. 89-79 of the Council of the City of Bakersfield authorizing the Appli- cation for financial assistance from the Economic Development Administration to construct a Water Delivery and Fire Protection System on certain industrial properties in the northwest area of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, ~iller, Payne, Ratty, Barton Noes: None Absent: Councilman Strong Director of Fire & Development Services Needham reportedl on the Rio Bravo Interim Sewer Facility, as follows: The Olcese Water District is planning to build an Interim Sewer Facility for the development of the Rio Bravo Area. It was originally placed in Section 9 of the Rio Bravo Area and there was a lot of dissention. The matter has been discussed with the Olcese Water District staff and they have made several changes. The last change was to relocate the total site for the spreading area and sewer facility to Section 14. That is just a little more than one mile from the County subdivision where the people were concerned about the facility. At this point in time this is their plan. They have looked at all alternatives in relation to a sewer being serviced in that area. The Olcese Board feels this Interim Sewer Facility is the best alternative, financially and operationally, that they can come up with. They have not submitted a report to the City,~ per se, but several meetings have been held regarding this. They will be required to request the Planning Commission to find that this is~or is not consistent with the General Plan for the area. They will also be required to have a hearing before the Board of Zoning Adjustment to obtain a Conditional Use Permit for the facility in that area. It is not required to be brought before the Council, unless you want to hear it. The staff feels, at this time, the Olcese Board is taking the proper steps. They will be holding an advertised hearing on the changes made to this facility on December 3, 1979. Director of Fire & Development Services Needham reported on OSHA Requirements for the Fire Department, as follows: 457 Bakersfie/d, California, November 28, 1979 - Page 10 OSHA issued a citation to the City Fire Depart- ment on June 21, 1979, regarding a hearing on Fire Pumper Operators and whether or not they are sustaining hearing damages from operating the fire pumpers. The Fire Department has a total of 50 people operating this apparatus and they are saying the City must have audio testing for hearing problems twice a year until such time as a determination can be made that there is or is not damage to the Pumper Operators. The operators are wearing earplugs, but they are not tested out and certified for safety, as far as hearing goes. The step has been taken to require Fire Pumper Operators to wear earplugs designed so they can hear the radio, but reduce the damages. OSHA is requiring that they have audiometric tests every six months for 50 people at an annual cost of $3,328.00 and the City Manager is being requested to authorize a transfer of funds. It was felt is was important to inform the Council that an outside regulatory agency is requiring this of the City. Director of Public Works Hawley reported on the status of Truxtun Avenue, as follows: As you may recall the Truxtun Avenue Project will be partially funded with Federal Aid Urban Highway Funds. The City was notified, yesterday, that the Area Engineer for the Federal Highway Administration approved the Truxtun Avenue Project and will notify the State Department of Transportation that the City of Bakersfield can proceed with the advertising. This is a large project and the staff feels it should be advertised at least 30 days. At this point the staff is looking at a bid opening about the second week in January. The project will be under construc- tion for approximately 15 months. The antici- pated completion date will be around May, 1981. Director of Fire & Development Services Needham and Director of Public Works Hawley answered the questions submitted at the Council Meeting of November 14, 1979, regarding traffic problems and projects, streets and schools being planned for the area surrounding California Avenue. These questions were asked during the appeal hearing by Robert J. Matsumoto for a P.U.D. zone at property commonly known as 5400 and 5600 Lennox Avenue. Director of Fire & Development Services Needham stated one similar project is being planned for the area. The are no 458 Bakersfield, California, November 28, 1979 - Page ll schools being planned by the Panama Union School District for this area. The Fruitvale School District is planning a school for the Quailwood area. Director of Public Works Hawley stated that no streets are planned for the west side of California Avenue, south of Mohawk Street, and no additional streets are planned in the area of the Matsumoto development. Mr. Hawley then reviewed an alter- native that would make a connection between Lennox Avenue and Mohawk Street, and provide a short-cut for traffic from the Park Stockdale area to California Avenue. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2561 to 2755, inclusive, in the amount of $464,525.07. (b) Claim for Damages from Jeff Reyes and Marjorie J. Reyes, c/o Gerald M. Leverett, Attorney at Law, P.O. Box 1676, Bakers- field. (Refer to City Attorney) (c) Claim for Damages from State Farm Mutual Automobile Insurance Company on behalf of Dawn Bryan, P.O. Box 398, Posey, California. (Refer to City Attorney) (d) Claim for Damages from Mark Gunderson, 3014 Center Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from County of Kern, Insurance and Claims Division. (Refer to City Attorney) (f) Claim for Damages from Clifford Randolph Hyatt, 5101 Marsha Street, #17, Bakers- field. (Refer to City Attorney) (g) Claim for Personal Injuries from Jalaine Kelley, 4400 Fjord Street, Apt. "B", Bakersfield. (Refer to City Attorney) (h) Grant Deed from Tenneco Realty Development Corporation providing for expansion of sump at District Boulevard and Stine Canal, as required by the Planning Commission for Parcel Map No. 5621. (i) Slope Easement from Tenneco Realty Develop- ment Corporation along Gosford Road, north of Stockdale Highway, as required for Parcel Map No. 5197. 459 Bakersfield, California, November 28, 1979 - Page 12 (J) Improvement Agreement for Parcel Map No. 5102 with Donald R. Galey for construction of improvements required by the Planning Commission, located south of Brundage Lane north of State Route 58 and west of Oleander Avenue. (k) (i) Improvement Agreement for Parcel Map No. 5708 with Chandler Construction, Inc., for construction of improvements required by the Planning Commission, located south of Wilson Road and west of Wible Road. Application for Encroachment Permit from Bruce Anderson, 1800 Cecil Brunner Drive, for construction of a 6 foot high wood fence and a 4 foot high pipe corral fence at back of sidewalk along Annette Street at northeast corner of Annette Street and Margalo Avenue. (m) Application for Encroachment Permit from Golden Empire Transit District, 3101 - 16th Street, for construction of a wheel- chair ramp at 3101 16th Street. (n) Application for Encroachment Permit from Golden Valley, Inc., 5412 Panorama Drive, for construction of a 32" high block wall at back of sidewalk along Panorama Drive, at the northeast corner of Rancho Sierra and Panorama Drive. (o) (P) Plans and Specifications for construction of Asphalt Concrete Pavement on Laurel- glen Boulevard between Gosford Road and E1 Portal Drive and paving median islands on Ming Avenue, Ashe Road and White Lane. Plans and Specifications for construction of Asphalt Concrete Pavement on Stine Road between Panama Lane and Harris Road, on Stine Road between White Lane and Hartford Avenue and on Adanac Court. (q) Request from Gannon Enterprises, Inc., for amendment to the General Plan for a medium density project located along the southern side of the Kern River between Manor Street and Chester Avenue. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, Items (a), (b), (c) (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) and (q) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Barton Noes: None Absent: Councilman Strong 460 Bakersfield, California, November 28, 1979 - Page 13 ACTION ON BIDS Upon a motion by Councilman Barton, low bid of GCA Drilling and Blasting for construction of Canal Culvert Extension at White Lane and the Farmer's Canal, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Davenport Office Equipment for a Copy Machine, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Bakersfield Cycles Unlimited for Ten Police Special Motorcycles, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of McCoy Truck Tire Company for Annual Contract - Tire Recapping, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Miller, low bid of Bakers- field Welding Supplies for Annual Contract - Welding Supplies, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Referral of an Ordinance of the Council of the City of Bakersfield amending Section 5.32.200 (e) of the Municipal Code relative to the use of the Auditorium Kitchen Facilities. Mr. John Mossman, owner of Mossman's Catering Service, 1810 "R" Street, spoke in opposition to raising the rates charged to caterers at the Civic Auditorium from 6% to 10%. Mr. Mossman did not feel this was fair because the Auditorium does not have full kitchen facilities and the increase would have to be passed on to the customers. Mr. Mossman requested that the Council consider all the adverse effects this increase would have on the community and conventions prior to adopting the ordinance. Councilman Barton made a motion that the ordinance relative to the use of Auditorium Kitchen Facilities, be referred 461 Bakersfield, California, November 28, 1979 - l~age 14 back to the Auditorium-Recreation Committee for further stud~ and while reviewing the cost effectiveness that the Committee provide a figure of what the subsidization would be if the percentage was held at 6% in relationship to what it would be if raised to 10%. Councilman Miller requested that the Committee also evaluate what the intake is today versus 5 years ago at the same percentage, and explore the possibility of adding additional costs to the user of the Auditorium rather than adding another percentage to the catering fee. Councilman Barton's motion that the ordinance relative to the use of the Auditorium Kitchen Facilities, be referred back to the Auditorium-Recreation Committee for further study, and while reviewing the cost effectiveness that the Committee provide a figure of what the subsidization would be if the percentage was held at 6% in relationship to what it would be if raised to 10%, was unanimously approved. NEW BUSINESS Approval of Joint Powers Agreement with the cities of Santa Monica, Ukiah, San Dimas, Palo Alto and Oceanside establishing California Solar Utility Development Authority. It is proposed the City of Bakersfield enter into a Joint Powers Agreement with the cities of Santa Monica, Ukiah, San Dimas, Palo Alto and Oceanside for the purpose of exploring the potential and viability of a Solar Utility. Upon the approval of this agreement, the Authority will contract with the State Energy Resources Conservation and Development Commission (SERCDC) for a grant that will provide the resources to explore the issue of: services, products, technology, market potential, financing and funds for hiring appropriate consultant services. Councilman Means made a motion that the Joint Powers Agreement with the cities of Santa Monica, Ukiah, San Dimas, Palo Alto and Oceanside establishing California Solar Utility Development 462 Bakersfield, California, November 28, 1979 - Page 15 Authority, be approved and the Mayor authorized to execute same. Councilman Miller stated he feels it is important that the Council support Solar Energy, but there are a number of questions he would like answered prior to approving the agreement. Principal Planner Dave Kennon stated by participating in the Joint Powers Agreement the City would simply be committing itself to studying the viability of a Solar Utility; such as, speaking with citizens, obtaining input and identifying the needs of Bakersfield relative to this type of activity. Councilman Miller offered a substitute motion that approval of the Joint Powers Agreement with the cities of Santa Monica, Ukiah, San Dimas, Palo Alto and Oceanside establishing California Solar Utility Development Authority, be deferred until such time as public hearings can be held on this subject. Mr. Jim Bozarth, District Representative for Pacific Gas & Electric Company, stated P. G. & E. is all for Solar Energy and throughout the State there are many things on the horizon regarding energy. Mr. Bozarth also stated his concern is whether or not this proposal is paralleling something that has already been done. Councilman Christensen made a motion to call for the question and this motion failed to carry. Councilman Miller's substitute motion that approval of the Joint Powers Agreement with the cities of Santa Monica, Ukiah, San Dimas, Palo Alto and Oceanside establishing California Solar Utility Development Authority be deferred until such time as public hearings can be held on this subject, failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilman Miller Councilmen Christensen, Councilman Strong Means, Payne, Ratty, Barton Bakersfield, California, November 28, 1979 - Page 16 463 Councilman Means' motion that the Joint Powers Agreement with the cities of Santa Monica, Ukiah, San Dimas, Palo Alto and Oceanside establishing California Solar Utility Development Authority be approved and the Mayor authorized to execute same, was approved. Councilman Miller voted in the negative on this motion. Councilman Miller requested that the record show that his negative vote is not to be construed as being against Solar Energy; he simply voted "no" on the Joint Powers Agreement. HEARINGS This is the time set for continued public hearing before the Council on an Appeal by Robert J. Matsumoto to the decision of the Planning Commission denying his application to change the zoning boundaries from an R-1-HOSP. (One Family Dwelling - Hospital) Zone to a P.U.D. (Planned Unit Development) Zone, affecting those certain properties in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue. This hearing was duly advertised and the property owners were notified as required by law. This hearing was continued from the Council Meeting of November 14, 1979, in order to allow the Council time to find out from the Planning Commission if there are other projects being planned for this general area. The Planning Commission denied the request for a P.U.D. zone at their meeting of October 17, 1979. Mrs. Joyce Davis, resident of Park Stockdale, submitted a petition containing 500 signatures of residents of the area opposing the request for P.U.D. zoning. Mrs. Davis updated the statistics from the school district, because, she stated, the ones presented at the last hearing were outdated and did not reflect future growth patterns for the area. Mr. Chuck Tolfree, Tenneco Realty Development Corporation, with the aid of a map depicting their area of development, reviewed 464 Bakersfield, California, November 28, 1979 - Page 17 the uses that already exist in the area and future non-single family residential uses. Mr. Robert J. Matsumoto, applicant for the zone change, requested that his letter be read which summarizes his position with respect to the property located at 5400 and 5600 Lennox Avenue. Mr. Matsumoto reviewed the project, traffic problems and answered questions of the Council. After discussion, upon a motion by Councilman Ratty, Zoning Resolution No. 272 denying application of Robert J. Matsumoto to amend Title Seventeen of the Bakersfield Municipal Code changing the Land Use Zoning of that certain property in the City of Bakers.- field commonly known as 5400 and 5600 Lennox Avenue, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Payne, Ratty, Barton Noes None Absent: Councilman Strong Abstaining: Councilman Miller STREET CLEANING - ACCEPTANCE OR MODI- FICATION OF PRESENT LEVEL OF SERVICE. Upon a motion by Councilman Means the rules were waived so that the Council could enter into a debate and discussion with- out clearing through the chair. Councilman Barton stated unless the e£ficiency of the sweeping is brought up to a very high level the City is wasting their money. This matter cannot be addressed properly until input is received from the staff as to how an efficient operation can be obtained. He stated he would be reluctant to support this level of service or allocation of funds until some means of improving that service is presented. Councilman Ratty stated the City has not received the new equipment yet and the level of service cannot be judged until that time. Bakersfield, California, November 28, 1979 - Page 18 465 Councilman Christensen suggested that street days be posted on street light poles and persons fined vehicles are not moved off the street on that day. The Council, Public Works Director Hawley and City Manager Bergen reviewed various alternatives for the Street Sweeping Program. level sweeping if their After discussion, upon a motion by Councilman Means the of service at this time, was approved. Councilman Miller stated that all he would ask is, that this motion is approved with the idea of continually looking at the services. This was agreed upon by the Council. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:50 P.M. MAY~y of Bakersfield, Calif. ATTEST: ITY C C~LERK and Ex O~icio Clerk of the Council of the City of Bake~field, California ma 466 Bakersfield, California, December 5, 1979 Minutes of a Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 4:00 P.M., December 5, 1979. The meeting was called to order by Mayor Hart. Mayor Hart stated this is the time for the Special Joint Meeting of the City Council and the Bakersfield Redevelop- ment Agency called for the purpose of conducting joint public hearings on (1) the proposed Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project, which includes the addition of certain land to the Project area; and (2) the proposed sale and lease of land in the Project area, as proposed to be amended, as provided for in the proposed Joint Development Agreement between the Redevelopment Agency and Bakersfield Associates. Notice of these joint public hearings have been published and mailed as required by the California Community Redevelopment Law. As Mayor I will chair the joint hearings. Will the members of the Redevelopment Agency and the staff please take their places. Mayor Hart led the Pledge of Allegiance. The City Clerk called the roll of the Council, follows: Present: Councilmen Means, ~i~ler, Payne, Ratty, Strong, Barton, Christensen Absent: None as The Agency Secretary called the roll of the Agency, as follows: Present: Absent: of procedural rules governing this public hearing. contains the following documents: Agency Members Foth, Mooneyham, Puder, Casper Agency Members King, Lewis, Poehner Mayor Hart stated he would like to make a statement The record Bakers£ield, California, December 5, 1979 - Page 2 467 a. The proposed Third Amendment to the Amended Redevelopment Plan. bo do The Redevelopment Agency Report to the City Council on the proposed Third Amendment to the Amended Redevelopment Plan. Proposed Amended Rules Governing Participation and Preferences by Owners, Operators of Businesses and Tenants in the Downtown Bakersfield Redevelopment Project. The existing Amended Redevelopment Plan. The proposed Joint Development Agreement. The Summary Report on the proposed Joint Development Agreement which includes an "Analysis of the Cost of Agreement" and a Reuse Analysis." The Replacement Housing Plan. The Final Subsequent Environmental Impact Report for the Proposed Third Amendment and the Joint Development Agreement. Environmental Documents prepared for prior Project area activities which includes: (1) Bank of America Tower and Retail Complex, October 30, 1972. (2) "K" Street Parking Garage, June 28, 1974. (3) (4) (5) New Police Facilities, August 12, 1974. Downtown Bakersfield Redevelopment Project and Area Proposed to be Added to the Project, November 18, 1974. Supplement to the EIR on the Bakers- field Redevelopment Project and the Area Proposed to be Added to the Project, September 1, 1976. Ladies and Gentlemen, in order that we may have an orderly meeting and make the most efficient use of our time here, I am going to ask that everyone who participates in this hearing observe a few simple rules. To assure that everybody who wishes to speak will have an opportunity to be heard, the Council and the Agency will follow the following rules: ao The written agenda will govern the course of the meeting. Copies of the agenda are available in case you did not take one at the door. 468 Bakersfield, California, December 5, 1979 - Page 3 All persons who desire to be heard will have an opportunity to speak. People who wish to speak for or against the Proposed Third Amendment to the Amended Redevelopment Plan and the Proposed Joint Development Agreement should fill out a form. These forms will now be picked up. If you do not have a form, please raise your hand and one will be given to you. d. Before commencing to speak, you will be sworn in by the City Clerk. eo Before you start to speak, please give your name and address and the organization, if any, which you are representing at this hearing. fo In order that everyone will be able to hear those who are speaking, we want to urge you to speak clearly and directly into the microphone. Mayor Hart declared the hearing open for the City Council. Agency Chairman Casper declared the hearing open for the Redevelopment Agency. City Manager and Executive Director of the Redevelop- ment Agency Bergen stated this project has taken a long time and many people have put a considerable amount of effort into it in order to reach this point. Mr. Bergen introduced the Agency consultants and developer as follows: Eugene Jacobs, Murray Kane and Erma Lake, Special Counsel for the Redevelopment Agency. Calvin Hollis, Financial Consultant for the Redevelopment Agency. Jerry Keyser, Land Economist for the Redevelop- ment Agency. Edward Holden, Regional & Environmental Planner for the Redevelopment Agency. Dan Donahue, President of John S. Griffith Company. Mr. Donahue introduced Mr. Tom Schriber and Mr. Jack Jensen, Vice-Presidents of John S. Griffith Company. Jeff Nagle, President of Fresho's Downtown Business Association. Bakersfield, California, December 5, 1979 - Page 4 469 Deputy Director of the Redevelopment Agency Needham entered the following two documents into the record: 1. Proposed Addition to Section 511 of the Joint Development Agreement: (h) The Agency at its option may terminate this Agreement if the Agency is required to issue bonds in an amount higher than presently estimated in order to fund higher than presently estimated Agency costs as set forth in the Summary Report for this Agreement dated November 1979, and the Agency despite diligent effort is unable to obtain other funds, such as federal UDAG or EDA funding, to replace such bond funding. In the event of such termination the Agency shall return Developer's Deposit and neither party shall have any further rights or liabilities against the other, except as set forth in Part III of the Method of Financing, Attachment No. 2. Addendum to Report to City Council, Section VI, Method and Plan for Relocation of Occupants and Businesses, Proposed Third Amendment to Redevelopment Plan for the Downtown Bakersfield Redevelopment Project. The Agency participants were sworn in as a body by the City Clerk. Deputy Director of the Redevelopment Agency Needham, with the aid of a map, explained the Proposed Third Amendment to the Redevelopment Plan and Joint Development Agreement. The Proposed Third Amendment includes the site for the downtown shop- ping center, which is bounded by 20th Street on the south, "Q" Street on the east, 23-24th Streets on the north and "L" Street on the west; and the hotel project which is bounded by "N" Street on the west, Truxtun Avenue on the north, "Q" Street on the east (sic) 14th Street and 16th Street/on the south. The total shopping center area is approximately 44 acres and encompasses approximately 16.7 blocks of property. The total area of the hotel site is approximately 20 acres of land. The Joint Development Agreement stipulates that the Redevelopment Agency will acquire the property for the purpose of constructing a regional shopping center containing approximately 470 Bakersfield, California, December 5, 1979 - Page 5 850,000 square feet, building parking facilities and making public improvements. The Redevelopment Agency is responsible for acquisition of land, relocation of people and businesses, demolition o£ structures, clearing the land and public improve- ments, including signal lights, traffic changes, street improve- ments, sewer mains, fire hydrants and water facilities. Mr. Needham, with the aid of a site plan, pointed out the two areas that the developer will purchase for the shopping center at a price of $7,000,000. Mr. Edward Holden, Regional City Planner for the Rede- velopment Agency and author of the subsequent EIR for the Third Amendment, stated the EIR covers the additional areas, shopping center, hotel complex and amendment to the Redevelopment Plan. There are basically two documents, the draft report and supple- mental report. The supplemental report contains the basic summary of the impact areas, mitigation measures, communications received on the basic draft document and comments on the communications. The bottom line o£ these documents is the finding that there are no substantial potential adverse impacts identified with respect to the items reviewed. The documents identify three unavoidable impacts. It is not completely possible to identify and quantify all the things the impact the downtown shopping center will have on other areas. These impacts are likely to be both negative and positive. There are some that just cannot be identified. Another unavoidable impact is that there will be an increase in traffic associated with both of these items. Mitigation measures have been suggested that should take care of the basic traffic problems. In a situation of this kind there are likely to be a few more accidents than normal, simply because of the increased traffic. In any situation where activities are expanded in the downtown area, more electrical, etc., energy will be used, although conser- vation measures are recommended to be considered in as many situations as possible. The Environmental Impact Statements Bakersfield, California, December 5, 1979 - Page 6 4 71 contain a number of recommendations on traffic as well as other areas. The Redevelopment Agency has reviewed these documents, certified the subsequent EIR and recommended it to the City Council. Mr. Calvin Hollis, member of the £irm o£ Katz, Hollis, Coren & Associates, the Redevelopment Agency's Financi. al Consul- tants, stated the document entitled "Summary for the Proposed Sale of Land to Bakersfield Associates for the Development of a Retail Shopping Center" contains the estimated cost, projected revenues and financing plan for the Amended Redevelopment Areas which will contain the shopping center. Page 3 of that document lists the cost for land acquisition, demolition-site preparation, on and off improvements, relocation, public parking facilities, administrative and interest computations. The acquisition appraisals are a result of a budget estimate prepared by local appraisers. Relocation costs and budget estimates were prepared by the firm of Port & Flor, who are relocation specialists. Parking facilities costs were prepared after discussions with the developer and are the basic costs presented by him. Interest on loans and bonds to finance the agreement were prepared by our office, based on the assumed financing plan. The financing plan being presented, at this time, is a combination o£ lease revenue financing and use of landfill proceeds. The developer will pur- chase the retail center parcels (Parcels A and B) for $7,000,000. The developer will advance $5,000,000, of the $7,000,000, to the Agency. The Agency will then have use of those funds £or acquisi- tion, relocation, etc. It is proposed that the Agency sell a Lease Revenue Bond Issue of approximately $20,000,000, which will finance the balance of the acquisition site assembly cost and construction of the parking facilities. The revenue to support that bond issue will come from tax increments from the Redevelop- ment Project Area and lease payments from the developer. Lease payments for the first four years will be $800,000 per year, 472 Bakersfield, California, December 5, 1979 - Page 7 going to $900,000 per year in the fifth year and thereafter to the end of the lease. There is nothing in the Gann Initiative (Proposition 4), Proposition 13 or recent legislation that implements Proposition 13, which will prohibit the Redevelopment Agency from issuing Revenue Bonds. Each bond issue will be judged by the bond market on its own merits. There is no reason to think that a bond issue, as we have structured it, could not be sold on the market. Within the next two months there will be agencies in the State going to the bond market to issue exactly the type of financing that is anticipated for this project. Mr. Jeff Nagle, President of the City of Fresho's Downtown Business Association, stated coming from Fresno it is a little bit difficult to understand how a proposal such as the one being discussed today can be considered controversial. Down- towns across the country would jump at the chance to attract a qualified developer with a proven record that is not only willing, but anxious, to bring a multimillion dollar retail complex with four, and possibly five, major department stores to Bakersfield's downtown area. Fresho's City Council has never has the opportunity to say yes to a development that would mean the beginning of a new era for the entire City. During business hours downtown is a hustling-bustling place, but comes that magic hour, the exodus takes place, then it is a desert. This proposed retail complex can change all of that in time because Bakersfield will have, once again, a downtown that is a vital thriving place for evening shopping, dining and entertainment. Bakersfield is fortunate in that the City has developed in a way that the downtown area is really the center of the City. The Council's obligation to their constituents is to do what is in the best interest of the entire City. All selfish considerations should be set aside. This could very well be the most important decision that this City Council will ever make. Approval of this downtown complex will spur additional development, improve property values, generate Bakersfield, California, December 5, 1979 - Page 8 473 jobs and tax revenues, and those revenues will benefit every citizen o£ the City of Bakersfield. Opportunities like this do not come up every day. Bakersfield can survive very we~l with- out another suburban shopping center, but it cannot survive and continue to grow and prosper without a strong, vital, viable and well-balanced downtown. Mr. Nagle urged the Council and Redevelopment Agency to approve the development of the downtown area. Mr. Jerry Keyset, President of Keyser, Marston Associates, Land Economic Advisors to the Redevelopment Agency, stated their role has been to prepare a ~ocument that covers the following: 1. Reuse value for the retail center parcel. 2. Fair lease value for the parking £acilities. 3. Section 33433 - Evaluation of price that the site could command for alternative uses. The conclusion of the findings is that the disposition price of $7,000,000 and lease payment of $800,000 per year, increasing in the fifth year to $900,000 per year, represents a fair value for the transaction between the Agency and developer. Further, the $7,000,000 exceeds the value that could be achieved for this site by some other use or combination of uses. Mr. Keyser then reviewed the procedure they used to reach these conclusions. Mr. Murray Kane, Special Counsel to the Redevelopment Agency, stated one of the steps they have taken towards the adop- tion of the Proposed Third Amendment to the Redevelopment Plan is to try, in the time available, to meet and consult with those people a£fected by the adoption of the plan and obtain their advice about relocation and displacement. Meetings have been held with as many property owners, business people, renters, churches, nonpro£it groups and community organizations that time would allow. It has become clear, from the advice obtained, that in certain circumstances this will not be a full and just compen- sation for them. The office o£ Special Counsel Eugene Jacobs has 474 Bakersfield, California, December 5, 1979 - Page 9 prepared, and previously made available to the public, an addendum to the report to the Council from the Agency on this subject. Mr. Kane then summarized the specific circumstances they feel the Agency should consider when special relocation assistance is needed to meet the needs of the area involved and changed circum- stances, such as the passage of Proposition 13, to avoid substan- tial economic loss in these moves. Mr. Eugene B. Jacobs, Special Counsel for the Redeve- velopment Agency, stated from the date of adoption, and the date the contract with the developer is signed, the process would be that within 90 days the Agency would seek to obtain its money in order to buy the property and move the project and the developer would put up the $5,000,000. That money would then be used to make the offers and necessary purchases. These purchases and moves would be geared in such a way that the owners could stay in place while their new location is being prepared and then they could move over a weekend or evening in such a way that there would not be a loss of business. This kind of timing could be started by March or April and the sale take place, so the land goes to the developer within a period of five months to one year. To bring the cost down, as much surface parking as possible has been planned, with one deck of structured parking. If money is available at a later date, from other sources, and if the deve- loper brings in a fifth store, then additional structured parking would be added to the site. This was done in order to cut down the Agency's cost at the front of the process. There will also come out of this process a requirement that all low and moderate income housing be replaced in the project or City and that 20% of the tax increment from the last and this proposed amendment be used for low or moderate income housing, people, business and residences, and they would have to be assisted in their move to another location. 475 Bakersfield, Cal±fornia, December 5, 1979 - Page 10 Mr. Jacobs pointed out a plan of the hotel on the wall and stated that the Joint Development Agreement will be brought back soon, but it is not ready at this point in time. Mr. Jacobs than reviewed some of the problems that haw~ been raised by the public in meetings and the newspaper. After being sworn in by the City Cler~,Mr. Dan Donahue, President of John S. Griffith & Company, developer of the project, stated the most important thing that can be stated tonight is that all o£ the answers are not known. The City consultants, Redevelop- ment Agency members, concerned citizens and business associates do not know all the answers. John S. Griffith and Company, in part- nership with the May Company Department Stores, is prepared to expend the effort~ funds and time to rebuild downtown Bakersfield. Tonight we are requesting an expansion o£ the boundaries and approval of basic business terms, an understanding of how we will proceed and finance both the public and private portions of this development. Mr. Donahue then reviewed the displacement of exist- ing tenants and homeowners, people who may be adversely af£ected by this development. John S. Griffith & Company has developed four other redevelopment projectswhere it was necessary to use condemnation and relocate people. Without a doubt people were inconvenienced. It is a long drawn out process, but without question, in time, all of these people realized it was for the betterment of the community, and he personally believes each and every one of them was financially rewarded equal to the value taken from them. The second issue of controversy is that the taxpayers will be subsidizing the bond issues and public costs are going to be paid by the taxpayers. The City's consultants, particularly Mr. Keyser and Mr. Hollis, have explained that John S. Griffith & Company is prepared to pay $7,000,000 for Parcels A and B. Of that amount, $5,000,000 will be advanced, in cash, so the process can be speeded along. Furthermore, the bonds will be 476 Bakersfield, California, December 5, 1979 - Page 11 for an extremely long period of time and payments will be made to the City for an extremely long period of time. John S. Griffith & Company and May Company are going to own a develop- ment in downtown and participate and become fabric in the com- munity. The reason this area has been chosen for the shopping center, rather than the 19th Street and Chester Avenue area, is the cost of parking. There have been questions as to how many shopping centers this community can support. A great deal of research has been done on that subject. John S. Griffith's partner, the May Company, has conducted, at their expense, a retail evaluation of this community. That evaluation concluded, beyond a question of doubt, that the community can support one full-blown regional shopping center in the foreseeable future. That conclusion has been seconded by the Research Departments of J. C. Penney Company and Montgomery Ward. Mr. Donahue also stated he would like to second the statements made by Mr. Nagle as to the reasons why this develop- ment would be good for Bakersfield and urged approval of the project. Deputy Director of the Redevelopment Agency Needham stated this concludes the Agency's presentation. If there are any questions, Agency representatives are available for a more in-depth discussion. Special Counsel Eugene Jacobs stated that Agency Member Poehner is not participating in this hearing because his family owns property in the area. Mayor Hart stated the City Clerk will read the names and addresses of all persons who have submitted written communi- cations in favor of the proposed Third Amendment to the Amended Redevelopment Plan and the proposed Joint Development Agreement. The Clerk will also give a brief and general summary of each written communication. Bakersfield, California, December 5, 1979 - Page 12 4'77 Letter from Dick Foster, David W. Thomley Corporation, Investment Properties, P.O. Box 2121, Bakersfield, dated November 20, 1979, strongly urging that the Council support the downtown shopping center. Letter from Joe Henley, Henley's Photo, Inc., 2000 "H" Street, Bakersfield, dated November 30, 1979, offering their experience in relocation to help in the downtown project and also stating their relocation has been very successful. Letter from Skip Witham, President of the Downtown Business Association, 1408 - 17th Street, Bakersfield, dated December 4, 1979, stating their Board of Directors voted to support the Council, staff and Redevelopment Agency in their efforts to proceed with the proposed shopping center. Telegram from Cletus Stanley, Executive Secretary-Treasurer of the Kern, Inyo and Mono Counties Building Trades Council, dated December 4, 1979, stating the Building Trades Council and all its affiliated local unions are in favor of the Downtown Rede- velopment Program and further delays would be detrimental to the community. Telegram from Bob Carter, President of the Kern, Inyo and Mono Counties Central Labor Council, dated December 4, 1979, supporting the Downtown Redevelopment Project and urging that the Council take all necessary steps towards the completion of the project. Letter from Jeff Wattenbarger, President of Bakersfield & Kern County Builders' Exchange, 711 - 24th Street, dated December 5, 1979, recommending the Council proceed and take positive action on this development. Mayor Hart stated at this time we will have oral state- ments and questions from persons in favor of the proposed Third Amendment and Joint Development Agreement. Will the City Clerk please call the persons who have turned in forms and swear in each speaker. After being sworn in by the City Clerk the following persons spoke in favor of the proposed Third Amendment and Joint Development Agreement: Mr. Ted Fritts, Co-Publisher/Editor of the Bakersfield Californian, stated if the Council and Redevelopment Agency think the downtown retail center has merit it should be approved, but approval should not be based on what some other private citizen plans to do in the future with his property. 478 Bakersfield, California, December 5, 1979 - Page 13 Mr. Edwin W. Wilson, 1208 Tam O'Shanter Drive, practicing law and a property owner in the downtown area. Mrs. Lois Anderline, 6708 Norris Road. Mary Rohde, 4308 Alexander Street, business in downtown area. Mr. Arthur Rockoff, 4501 Christmas Tree Lane. Mr. Robert A. Miller, 2620 College Avenue, and representing Wilbur Rickett and William C. Kuhs on development of First Baptist Church property into professional offices and commercial property. Mr. Frank Casey, 4105 Coronado Avenue, representing Greater Bakersfield Chamber of Commerce. Mr. Jack Balfanz, 612 Vista Verde, representing the Bakersfield Board of Realtors. Mayor Hart stated the City Clerk will read the names and addresses of all persons who have submitted written communi- cations in opposition to the proposed Third Amendment to the Amended Redevelopment Plan and the proposed Joint Development Agreement. The Clerk will also give a brief and general summary of each written communication. Letter from Mrs. P. Cummings, 175 La Mesa Drive, in favor of John Brock's proposed shopping center in Northeast Bakersfield, but opposing a downtown shopping center. Letter from Richard H. Wise, Law Offices of Mullins, Wise & Dickman, 21st Floor, Crocker Plaza Post at Montgomery, San Francisco, California, representing Charles A. Holloway, owner of Pacific Telephone Building at 22nd and "L" Streets and two parking lots, concerned with con- demnation of his building. Letter from Mrs. Roger Glendening, 2425 Truxtun Avenue, expressing a desire to allow the public to vote on the downtown shopping center project. Mayor Hart stated at this time we will have oral state- ments and questions from persons in opposition to the proposed Third Amendment and Joint Development Amendment. Will the City Clerk please call the persons who have turned in forms and swear in each speaker. Bakersfield, California, December 5, 1979 - Page 14 479 After being sworn in by the City Clerk the following persons spoke in opposition to the proposed Third Amendment and Joint Development Agreement: Mr. Larry Gean, 2015 - 3rd Street, representing himself, Mrs. Tom Eng, 2120 "O" Street, and the Board of Directors of Confucius Church, 2128 "N" Street. Mr. William C. Kuhs, 1815 Ridgewood Drive, Attorney at Law, representing Graybar Electric Company, 820 - 22nd Street. Submitted two photographs of Graybar Electric's building in the proposed Downtown Redevelopment Area. Mr. Ralph J. Poehner, 1109 Princeton Street, owner of Ralph's Piston Ring Service, 830 - 21st Street. Mr. Poehner submitted a petition containing 76 signatures from persons in the area opposing the location of the Downtown Shopping Mall in the area between 23rd Street, 20th Street, "L" Street and "Q" Street. Mrs. Anne Monroe, 3991 Marella Way. Mr. Mike M. Munoz, 2723 Noble Avenue, owner of Sinaloa's Restaurant, 910 - 20th Street. Mr. Glenn Sogo, 600 "T" Street, representing Japanese Buddhist Temple, 2207 "N" Street, stated they are very concerned about moving a shrine that was brought from Japan and put into the building in 1931. They are afraid it will collapse. Mr. David B. Jones, 706 Arvin Street, owner of Callaway's Automotive Machine Shop, 2216 "N" Street. Tillyen Edna Dewey, 2615 - 18th Street. Mr. Dominic Bianco, Attorney at Law, 1107 Truxtun Avenue, representing several residents, property owners and businesses in the proposed redevelopment area. Mr. Tom Poor, 3529 Country Club Drive, owner of Communication Enterprises, Inc. and its subsidiary, Bakersfield Electronics, 2315 "Q" Street. Upon a motion by Councilman Christensen, a brief recess was declared at 6:55 P.M. and the hearing reconvened at 7:10 P.M. Mr. Dominic Bianco, Attorney at Law, 1107 Truxtun Avenue, representing several residents, property owners and businesses in the proposed redevelopment area, continued his presentation in opposition to the proposed Third Amendment and Joint Development Agreement. Mr. Blanco presented 32 photographs of the area proposed 480 Bakersfield, California, December 5, 1979 - Page 15 to be added to the redevelopment area and a copy of an article from the Los Angeles Times dated December 2, 1979, entitled "Propositions 13 and 4 Add Up to Trouble for Municipal Bonds in State." Mayor Hart stated the City Clerk will read the names and addresses of all other persons who have submitted written communications regarding the proposed Third Amendment and the proposed Joint Development Agreement. The clerk will also give a brief and general summary of each such written communication. Mr. Thomas L. Eveland, Attorney for the Bakers- field Chinese Church, 2010 "O" Street, prin- cipally concerned with replacement cost and relocation site of new church. ~ayor Hart stated at this time we will have oral state- ments and questions by other persons not wishing to declare either in favor or in opposition to the proposed Third Amendment and Joint Development Agreement. Will the City Clerk please call the persons who have turned in forms and swear in each speaker. After being sworn in by the City Clerk, Mr. Donald J. Olsson, 2900 Dartmouth Street, stated he wholeheartedly supports the improvement and redevelopment of downtown Bakersfield; how- ever the sleazy hotels, bars and pornography shops in the heart of Bakersfield are more of a blight than the churches, Y.M.C.A., businesses and existing substandard housing in the area of the proposed Third Amendment to the Redevelopment Plan. It does not make sense to construct a shopping center of this magnitude next door to the smut shops on 19th Street. Mr. Olsson requested thai the Council consider a plan for the incorporation of 19th Street into the redevelopment of downtown. After being sworn in by the City Clerk, Mr. Tom Eveland, 3707 Barbara Avenue, Attorney speaking on behalf of the Bakers- field Chinese Church, stated they are not in favor or opposed to the Redevelopment Plan, and the Council & Redevelopment Agency should vote in the interest of the people of the entire City. Bakersfield, California, December 5, 1979 - Page 16 481 Their concern is that the Bakersfield Chinese Church be given adequate compensation if they have to move, and they would like to be relocated in the same general area with no interruption in church services. After being sworn in by the City Clerk, Mr. John Kelly, Attorney representing the Y.M.C.A., stated the Y.M.C.A. is not taking a position either in favor or against the proposed Third Amendment to the Redevelopment Plan or Joint Development Agreement. Their concern is that they will be able to continue with their activities and have a replacement cost position for purchasing alternate facilities. After being sworn in by the City Clerk, Mr. Richard D. Jones, 1950 Port Edwards Place, Newport Beach, California, Trustee of Gladstone Foundation who owns Valley Plaza, stated they are not taking a position either in favor or against the proposed development; they merely have questions as taxpayers. Agency Chairman Casper briefly recessed the joint public hearing at 7:55 P.M., in order to convene the regular Council Meeting. Mayor Hart briefly recessed the joint public hearing at 7:55 P.M., in order to convene the regular Council Meeting. After being sworn in by the City Clerk, Mr. Richard Hill, 10425 Haines Canyon, Tujunga, California, representing Municipal Services, Inc., a redevelopment and municipal financing consulting firm based in Los Angeles, stated he was asked by a representative of Valley Plaza to review the financial aspects of the Third Amendment and Joint Development Agreement for the proposed shopping center. Their purpose is not for or against the project, but rather to express concerns on the aspects of the proposal for consideration tonight. Mr. Hill asked several questions o£ Mr. Hollis regarding the financing of the proposed project. 482 Bakersfield, California, December 5, 1979 - Page 17 Jan Comer, 2417 Hubert #A, representing WUI/TAS, Inc., 2315 "Q" Street, (Able-1 Telephone Answering Service), submitted the following question: "What will the City do to insure that my 300 customers will not incur any additional monthly charges for services they now receive?" Special Counsel Jacobs stated Ms. Comer should meet with the staff to discuss this, but as a general answer there should not be any additional charges due to this process. Mr. Preson H. Burdette, Multi-Business Systems, 101 Carr Street, requested that the record show the following comment: "I think this project would be good for the business community." Mrs. Grace Shelton, 811 - 22nd Street, and rental at 2125 "Q" Street, submitted the following question: "Will I get the real value of my property?" Special Counsel Jacobs stated there would be the markel; value as if it were sold on the private market. Osie L. Wood, 821- 22nd Street, representing requested that the record show the following Mr. & Mrs. Carter's Super Shop, comment: "The price of my property." Special Counsel Jacobs stated they could not give him the price of his property tonight, because only budget appraisals have been conducted at this time. The price of the property will be given to him at the appropriate time when specific appraisals have been done by the appraisers. Mayor Hart asked if there were any other persons desiring to speak at this time. Hearing no requests to speak, the public hearing was declared closed for the purposes of the City Council. Agency Chairman Casper closed the public hearing for the purposes of the Redevelopment Agency. Bakersfield, California, December 5, 1979 - Page 18 4S3 Mayor Hart asked if the members of the Redevelopment Agency desired to discuss and consider taking action at this time. Agency Chairman Casper asked if any members of Redevelopment Agency desired to ask questions or request clarification on the proposed Third Amendment Joint Development Agreement. Special Counsel Jacobs and Financial Hollis clarified all the points which has been the further and the proposed Consultant Calvin raised by the individuals participating in the public portion of the hearing. Agency Member Foth explained her support of the proposed redevelopment of the downtown area. Approval'of Addition to Section 511 of the Joint Development Agreement and Addendum to Report to City Council, Section VI, Method and Plan for Relocation of Occupants and Businesses, Proposed Third Amendment to Redevelop- ment Plan for the Downtown Bakersfield Redevelopment Project. Upon a motion by Agency Member Puder, seconded by Agency Member Mooneyham, Addition to Section 511 of the Joint Developmenu Agreement and Addendum to Report to City Council, Section VI, Method and Plan for Relocation of Occupants and Businesses, Proposed Third Amendment to Redevelopment Plan for the Downtown Bakersfield Redevelopment Project, were approved to be included in the respective documents. Adoption of Resolution No. RA 11-79 of the Bakersfield Redevelopment Agency approving and adopting "Amended Rules Governing Participation and Preferences by Owners, Operators of Businesses, and Tenants in the Downtown Bakersfield Redevelopment Project." Upon a motion by Agency Member Foth, seconded by Agency Member Mooneyham, Resolution No. RAll-79 of the Bakersfield Rede- velopment Agency approving and adopting "Amended Rules Governing Participation and Preferences by Owners, Operators of Businesses, 484 Bakersfield, California, December 5, 1979 - Page 19 and Tenants in the Downtown Bakersfield Redevelopment Project," was adopted by the following roll call vote: Ayes: Agency Members Foth, Mooneyham, Puder, Casper Noes: None Absent: Agency Members King, Lewis, Poehner Adoption of Resolution No. RA12-79 of the Bakersfield Redevelopment Agency making certain findings that provisions of low and moderate-income housing out- side the Project Area as Amended by the Third Amendment, will be of benefit to the Project as Amended. Upon a motion by Agency Member Puder, seconded by Agency Member Foth, Resolution No. RA12-79 of the Bakersfield Redevelop-- ment Agency making certain findings that provisions of low and moderate-income housing outside the Project Area as amended by the Third Amendment, will be of benefit to the Project as Amended, was adopted by the following roll call vote: Ayes: Agency Members Foth, Mooneyham, Puder, Casper Noes: None Absent: Agency Members King, Lewis, Poehner Adoption of Resolution RA13-79 of the Bakersfield Redevelopment Agency approving and recommending the adoption of the Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelop- ment Project. Upon a motion by Agency Member Foth, seconded by Agency Member Mooneyham, Resolution No. RA13-79 of the Bakersfield Rede-. velopment Agency approving and recommending the adoption of the Third Amendment to the Amended Redevelopment Plan for the Down- town Bakersfield Redevelopment Project, was adopted by the follow- ing roll call vote: Ayes: Agency Members Foth, Mooneyham, Puder, Casper Noes: None Absent: Agency Members King, Lewis, Poehner Bakersfield, California, December 5, 1979 - Page 20 485 Adoption of Resolution No. RA!4-?9 of the Bakersfield Redevelopment Agency making environmental findings necessary for the Proposed Joint Development Agreement between the Bakersfield Redevelopment Agency and Bakersfield Associates for the sale and develop- ment of real property located in the Downtown Bakersfield Redevelopment Project. Upon a motion by Agency Member Mooneyham, seconded by Agency Member Foth, Resolution No. RA14-79 o£ the Bakersfield Redevelopment Agency making environmental findings necessary for the Proposed Joint Development Agreement between the Bakersfield Redevelopment Agency and Bakersfield Associates for sale and development of real property located in the Downtown Bakersfield Redevelopment Project, was adopted by the following roll call vote: Ayes: Agency Members Foth, Mooneyham, Puder, Casper Noes: None Absent: Agency Members King, Lewis, Poehner Adoption of Resolution No. RA15-79 of the Bakersfield Redevelopment Agency making certain findings with respect to the consideration to be received by the Agency pursuant to the Joint Development Agreement between the Agency and Bakersfield Associates; approving the proposed sale, lease and sublease of real property and the Joint Development Agreement; and authorizing the execution and imple- mentation of said Joint Development Agreement. Upon a motion by Agency Member Puder, seconded by Agency Member Foth, Resolution No. RA15-79 of the Bakersfield Redevelop- ment Agency making certain findings with respect to the considera- tion to be received by the Agency pursuant to the Joint Develop- ment Agreement between the Agency and Bakersfield Associates; approving the proposed sale, lease and sublease of real property and the Joint Development Agreement; and authorizing the execution and implementation o£ said Joint Development Agreement, was adopted by the £ollowing roll cal~ vote: 486 Bakersfield, California, December 5, 1979 - Page 21 Ayes: Noes: Absent: Agency Members Foth, Mooneyham, Puder, Casper None Agency Members King, Lewis, Poehner Agency Chairman Casper stated that that completes the Agency's consideration and actions. Mayor Hart asked if any members of the Council desired to ask questions or request further clarification on the proposed Third Amendment and the proposed Joint Development Agreement. In answer to a question by Councilman Miller, Special Counsel Jacobs explained the various forms of blight. In answer to a question by Councilman Means, Deputy Director of the Redevelopment Agency Needham stated as the Amendment is written, he feels very comfortable with it and concurs that i£ it gets to a point where the bonds cannot be sold, etc., the staf£ would definitely recommend that the Council take the necessary action to cancel the project. Special Counsel Jacobs stated the amendment added to tile Joint Development Agreement tonight is a double fail-safe, because the agreement already contains a termination clause if the bonds cannot be sold. If the bonds can be sold it means there is adequate money to take care of it. This is an additional out that even if the bonds could be sold at an amount higher than $20,000,000 you would not be required to do so. In answer to questions by Councilman Strong, Special Counsels Jacobs and Kane explained the tax increments for the downtown area. Adoption of Resolution No. 90-79 of the City Council of the City of Bakersfield adopting the Final Sub- sequent Environmental Impact Report for the Downtown Bakersfield Redevelop- ment Project, and making certain findings with respect to the Environ- mental Impact of said Project. Bakersfield, California, December 5, 1979 - Page 22 487 After a lengthy discussion, Councilman Barton made a motion that Resolution of the City Council of the City of Bakers- field adopting the Final Subsequent Environmental Impact Report for the Downtown Bakers£ield Redevelopment Project, and making certain findings with respect to the Environmental Impact of said Project, be adopted. Councilman Strong stated he is not in favor of the project because there are too many unanswered questions. He stated he has thoroughly reviewed most of the documents available in connection with the proposal and listened to arguments for and against. Over the years he has tried to remain objective allowing the facts to determine his sense of direction. It has been admit- ted here tonight that people within the Agency and outside the Agency will have to subsidize the project to some extent. If it did not require taxpayers participation then the Redevelopment Agency and Council would not be involved. The area in question is not blighted. All a person has to do to find that out is try to buy a parcel of land within the area. Councilman Strong also stated he has a problem with government taking land from private citizens who have worked hard to establish businesses or homes and then paying them what they think is a fair market value and giving the land to other private interests. Another overriding thing that exists in this particular project is that the public does not want it. Councilman Christensen stated he concurs with practi- cally everything Councilman Strong said. He would like the people to know he believes in the free enterprise system. He does not believe in subsidizing a downtown agency to make a man move from his property and then turn around and sell it to some yokel from out of town. It is not part of the American way and he cannot swallow that pill. He has to vote the convictions of his constituents in the 2nd Ward, who were polled very heavily, 488 Bakersfield, California December 5, 1979 - Page 23 and they are 90% opposed to the Downtown Redevelopment Agency. He promised he would vote their will. Councilman Means stated he is aware this is an issue that concerns every resident of Bakersfield. Any decision like this requires a tremendous amount of research, discussions with residents and thinking about what is best for all the citizens. It is not an easy decision. After talking to many business people and surveying over 400 people in the 5th Ward, the decision was that they were in favor of it. This was a written question- naire that was handed out to 477 people, which included 23 signa- tures against the project. 109 were opposed, 338 in favor and 31) had no opinion. He supports the downtown center and the majority of the residents in his ward seem to support it. He talked to City officials in Santa Monica, Fresno, Santa Cruz and Los Angeles and they seem to feel if we do not take this opportunity to improve the downtown area that it will never be what we in Bakersfield hope it will be. The senior citizens in Ward 5 want a downtown to be proud of and a place they can go to on the bus. The Council should continue to be certain that the taxpayers will benefit and support this center. If it is found that that is not true, he would not vote to approve the bonds. He demanded that the staff monitor the project and keep him informed. He felt the downtown center will be in the best interest of the entire City. Councilman Miller stated, as stated by several Councilr~en, he is also bullish on Bakersfield and downtown. He wished he could vote for this project, but as stated by Mr. Donahue there are unanswered questions. For that reason he cannot support this particular proposal. However, it should be stressed that the Council set forth in the next few weeks a safety valve, somewhere along the line, so the Council can be assured the expenditures are monitored and the City knows where it is going. It is impera- tive that the Council keep close tabs with regards to the expendi- tures made on this project. Bakersfield, California, December 5, 1979 - Page 24 489 Councilman Payne stated he does not believe that this Council can sit here and make a decision based upon a choice between two hypothetical projects, downtown redevelopment and the eastside shopping center. The choice here tonight ismclear. The Council has to decide whether or not the downtown shopping center or redevelopment project stands on its own merits, just as the decision will have to be made on the other shopping center one month from tonight. He stated he also believes in the free enterprise system and it is a matter of clear-cut economics that one of the centers will survive and the other one will.not. That is not the Council's decision to make. He also conducted a surw~y from anyone who wanted to address the subject, the only stipulation being that only "yes" and "no" votes would be accepted. 499 "no" votes and 657 "yes" votes were received. Every question he had about the downtown redevelopment has been adequately answered either tonight or during the past two weeks. This Council has to be a little farsighted before casting votes tonight. The long-term effects and results of this project ~eed to be kept in mind. He honestly believes the contract and project the Council is being asked to enter into tonight has sufficient safeguards to protect the City and constituents and he fully intends to support it. Councilman Ratty stated this is a hard decision for everyone. The intent is clear and the Council is trying to make the best judgment for the community. Bakersfield has a rare opportunity at this time which not many cities get, to correct an error that was made some 15 years ago. If this downtown center does not go, these department stores will be in peripheral centers and this town, like San Diego, will be without a major retail department store. In other words, it will be a downtown without a major draw. It is not a viable center now and it will become worse and that has to be taken into account. He stated 49O Bakersfield, California, December 5, 1979 - Page 25 he does not understand all the talk about subsidy, because he has not seen that subsidy identified; maybe to a minor degree but nothing of a substantial nature. As far as low income housing is concerned, a resolution will be passed later on regarding supplying low and moderate income housing. Most of the concerns expressed tonight were about relocation and compensation. They were not necessarily against the center as against the dislocation and compensation they would receive for their property. Council-- man Ratty then read a letter from Mr. Joe Henley, 2000 "H" StreetS, who went through the relocation process, to show what happened to his business and the compensation he received. Mayor Hart declared a brief recess in order to change the tape on the recording equipment. Councilman Ratty stated he feels this is a free enter- prise effort. The developer is paying for these things. It is coming from monies generated by the center. Location and number of shopping centers is not normally a factor in determining the City's future. Whether or not the central core of the community is downtown, the retail, financial and government heart are alive or dead makes a vital difference in the life of the City. The difference a£fects almost everybody. The cost of government, transportation, crime, unemployment opportunities and property values. This will be one City if we have a prosperous vital community core and another entirely different City if the com- munity center is allowed to die. Disapproval or postponement of a downtown center will seriously affect existing business and some will be forced to close. Councilman Ratty then reviewed some of the things that will happen if the downtown center is approved. There is not any question of what will happen if this very vital project is not approved for the City. Bakersfield, California, December 5, 1979 - Page 26 491 Councilman Barton stated he has been in Bakersfield for 37 years and has seen a decline in the downtown area and the type of business moving in that does not lend itself to a viable downtown. This is a tool the Council can use to improve the downtown area. He stated he will support these motions that will start the process for the downtown regional center. For the people in the area affected, he will take a hard look and be an ongoing participant i~ seeing that they are given all of the courtesies and conditions they deserve and warrant, not only by law, but those that are brought about by the new actions taken tonight. He stated he will personally watch, hopefully, every one of the transactions that take place in the area that will affect someone relocating to be sure they come out of this with a fair shake. After a lengthy discussion, upon a motion by Council- man Barton, Resolution No. 90-79 of the City Council of the City of Bakersfield adopting the Final Subsequent Environmental Impact Report for the Downtown Bakersfield Redevelopment Project, and making certain findings with respect to the Environmental Impact of said Project, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Barton Noes: Councilmen Miller, Strong, Christensen Absent: None Adoption of Resolution No. 91-79 of the City Council of the City of Bakersfield making certain findings that provision of Low- and Moderate- Income Housing outside the Project Area as amended by the Third Amend- ment, will be of benefit to the Project as amended. Upon a motion by Councilman Means, Resolution No. 91-79 of the City Council of the City of Bakersfield making certain findings that provision of Low- and Moderate-Income Housing outside the Project Area as amended by the Third Amendment, 492 Bakersfield, California, December 5, 1979 - Page 27 will be of benefit to the Project as amended, was adopted by the following roll call vote: Payne, Ratty, Strong, Barton, Christensen Councilmen Means, Councilman Miller None Ayes: Noes: Absent: First reading of an Ordinance of the City Council of the City of Bakers- field approving and adopting the Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project. First reading was considered given an Ordinance of the City Council of the City of Bakersfield approving and adopting the Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project. Adoption of Resolution No. 92-79 of the City Council making environmental findings necessary for the Proposed Joint Development Agreement, as changed, between the Bakersfield Redevelopment Agency and Bakersfield Associates for the sale and development of real property located in the Downtown Bakersfield Redevelopment Project. Upon a motion by Councilman Barton, Resolution No. 92-7'9 of the City Council making environmental findings necessary for the Proposed Joint Development Agreement, as changed, between the Bakersfield Redevelopment Agency and Bakersfield Associates for the sale and development of real property located in the Downtown Bakersfield Redevelopment Project, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Barton Noes: Councilmen Miller, Strong, Christensen Absent: None Bakersfield, California, December 5, 1979 - Page 28 493 Adoption of Resolution No. 93-79 of the City Council approving a change in the Joint'Development Agreement between the Agency and Bakersfield Associates; making certain findings with respect to the consideration to be received by the Bakersfield Redevelopment Agency pursuant to said Agreement, as changed; approving the sale, lease, and sublease of real property; consenting to the provisions for certain public improvements; and approving the Joint Development Agreement, as changed. Upon a motion by Councilman Means, Resolution No. 93-79 of the City Council approving a change in the Joint Development Agreement between the Agency and Bakersfield Associates; making certain findings with respect to the consideration to be received by the Bakersfield Redevelopment Agency pursuant to said Agreement, as changed; approving the sale, lease and sublease of real property; consenting to the provisions for certain public improvements; and approving the Joint Development Agreement, as changed, was adopted by the following roll call vote: Ayes: Councilmen Means, Payne, Ratty, Barton Noes: Councilmen Miller, Strong, Christensen Upon a motion by Councilman Barton, all documents involved in the Joint Public Hearing between the City Council Agency were received and ordered placed on and Redevelopment file. ADJOURNMENT Upon a motion by Agency Member Foth, seconded by Agency Member Puder, the Joint Public Hearing before the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency on the Proposed Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project and the Joint Development Agreement between the Bakersfield Redevelopment Agency and Bakersfield Associates, was adjourned at 10:30 P.M. 494 Bakersfield, California, December 5, 1979 - Page 29 Upon a motion by Councilman Barton, Joint Public Hearing before the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency on the Proposed Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project and the Joint Development Agreement between the Bakersfield Redevelopment Agency and Bakersfield Associates was adjourned at 10:30 P.M. MA~OJ~61~t~e~City of Bakersfield, Calif. ATTEST: CITY C~RK and E~o Clerk of the Council of the City o£ Bakersfield, California ma Bakersfield, California, December 5, 1979 495 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 5, 1979. 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, Strong, Barton, Christensen Absent: None RECESS Upon a motion by Councilman Means, the Council Meeting was recessed at 8:01 P.M., to continue with the Joint Public Hearing between the City Council and Bakersfield Redevelopment Agency on the Proposed Third Amendment to the Amended Redevelop- ment Plan for the Downtown Bakersfield Redevelopment Project and the Joint Development Agreement between the Bakersfield Redevelop- ment Agency and Bakersfield Associates. The Council Meeting was reconvened at 10:30 P.M. APPROVAL OF MINUTES Minutes of the regular meeting of November 28, 1979 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Payne, communication from the Bakersfield Californian, dated November 26, 1979, requesting to be placed on record as requesting 24 hours notice of any special meeting the City of Bakersfield might schedule, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Wayland Oakes, President of the Board of Directors of Plaza Bobby Sox Softball League, dated November 26, 1979, submitting an application for the river front property just northwest of the City Corporation Yard to develop into four softball diamonds, picnic/park area, paved parking, restrooms, etc., was received and referred to the Water Board. 496 Bakersfield, California, December 5, 1979 - Page 2 Upon a motion by Councilman Payne, Henley's Photos, Inc., Downtown Redevelopment on file. communication from dated November 30, 1979, regarding the Project, was received and ordered placed Upon a motion by Councilman Ratty, communication from Kern Mosquito Abatement District, dated December 3, 1979, notifying the Council that the term of George H. Barnett, Sr., as a member of the Board of Trustees of the Kern Mosquito Abatement District will expire December 31, 1979, was received and ordered placed on file. COUNCIL STATEMENTS Upon a motion by Councilman Payne, communications he received from Pam Mossman, dated November 28, 1979, regarding her sister's death in a car accident at the intersection of Stock- dale Highway and Quailwood Drive and urging the installation of traffic signals; and Peter C. Carton, Schools Legal Service, dated November 30, 1979, regarding dangerous intersection of Ming Avenue and Westholme Boulevard, were received, ordered placed on file and referred to staff for appropriate action. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2756 to 2864, inclusive, in the amount of $108,079.67. (b) Claim for Damages from Ira Leppek, 3537 Country Club Drive, Bakersfield. (Refer to City Attorney) (¢) Street Dedication from Regional Mortgage Company providing for the south 9.50 feet of Teal Street, located east of Hughes Lane, north of White Lane, as required by the Planning Commission for Parcel Map No. 5487. (d) Notices of Completion and Acceptance of Work for: Corporation Yard Facility, Unit "E", Parking Canopy, Contract No. 79-89 with Colombo Construction Co., Inc. The contract was completed on November 16, 1979. The contract completion date was October 10, 1979. The Public Works Department recommends a 37 calendar day extension due to delay in delivery of materials. Bakersfield, California, December 5, 1979 - Page 3 497 Pavement Improvements on portions of White Lane, Akers Road and Fairfax Road, Con- tract No. 79-142 with Griffith Company. Resurfacing and Improving portions of California Avenue between Stockdale High- way and Oak Street, Contract No. 79-159 with Granite Construction Company. (e) Improvement Agreement for Parcel Map No. 5496 with Thomas David Queen for con- struction of improvements required by the Planning Commission, located north of State Route 178 and east of Morning Drive extension. (f) Improvement Agreement for Parcel Map No. 5567 with Mackey-Koenig Development Co. for construction of improvements required by the Planning Commission, located south of the intersection of Columbus Street and Oswell Street. (g) Application for Encroachment Permit from James F. Rowland, 3048 Panama Lane, for construction of a masonry and wrought iron fence behind back of sidewalk area at 3048 Panama Lane. (h) Application for Encroachment Permit from Christopher J. Goon, 1300 Sandra Drive, for construction of a 4 foot high chain link fence at back of sidewalk area at 1300 Sandra Drive. (i) Petition containing 56 signatures requesting annexation of area located north and south of Highway 178 at Comanche Drive, containing approximately 240 acres of land. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h) and (i) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Barton, bid o£ Kern County Equipment Company for Diesel Motor Grader, was accepted. 498 Bakersfield, California, December 5, 1979 - Page 4 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 commonly known as 501, 515 and 525 - 34th Street; and 500 and 518 - 33rd Street. The application for this amendment was made by Sunil R. Lahiri, (Light Manufacturing) Zone and an R-3 Dwelling) Zone to a C-O-D (Commercial Architectural Design) Zone. M.D., and would change subject properties from an M-1 (Limited Multiple Family and Professional Office 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 commonly known as 501, 515 and 525 - 34th Street; and 500 and 518 - 33rd Street. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northeast corner of Oswell Street and Bernard Street, approving the Preliminary Development Plan, and making findings in connection with P.C.D. Zone. The application for this amendment was made by K.Y.W., A General Partnership, and would change subject property from an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Devleopment) Zone. First reading was considered given an Ordinance of.the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northeast corner of Oswell Street and Bernard Street, approving the Preliminary Development Plan, and making findings in connection with P.C.D. Zone. Bakersfield, Cali£ornia, December 5, 1979 - Page 5 499 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Stock- dale No. ll Annexation. This ordinance would zone upon annexation that certain property in the County of Kern located on the north side of Stock- dale Highway, easterly of the Kern County Fire Station and westerly of Los Portales, to an R-1 Zone. First reading was (One Family Dwelling), or more restrictive considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Stockdale No. ll Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.52.060 (d) of the Municipal Code relative to Non- conforming Uses. This ordinance permits a nonconforming use to continue under certain circumstances upon issuance of a Conditional Use Permit. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.52.060 (d) of the Municipal Code relative to Nonconforming Uses. Reception of Certificate of Election from Kern County Clerk of all Votes Cast for City of Bakersfie]d's Special Annexation Election, Measure "A", at the Consolidated General District Election held November 6, 1979. Upon a motion by Councilman Barton, Certificate of Election from Kern County Clerk of all Votes Cast for City of Bakersfield's Special Annexation Election, Measure "A", at the Consolidated General District Election held November 6, 1979, was received and ordered placed on file. 500 Bakersfield, California, December 5, 1979 - Page 6 The results o£ the election were as follows: Total number of registered voters in all precincts: 271 MEASURE "A" Shall the order adopted on May 2, 1979, by the Council of the City of Bakersfield ordering the annexation to said City of the territory described in said order and designated as City of Bakersfield Annexa- tion No. 273 (Union Avenue No. 9) be confirmed? YES NO TOTAL VOTES CAST 26 74 100 Adoption of Resolution No. 94-79 de- claring result of Special Municipal Election regarding Union Avenue No. 9 Annexation and recording unfavor- able vote. Upon a motion by Councilman Barton, Resolution No. 94-79 declaring result of Special Municipal Election regarding Union Avenue No. 9 Annexation and recording unfavorable vote, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None ADJOURNmeNT There being no further business to come before the Council, upon a motion by Councilman Miller, the meeting was adjourned at 10:40 P.M. MAYO sfield, Calif. ATTEST: CITY ~RK~and E~o Clerk of the of the City of Bak~rsfield, California ma Council Bakersfield, California, December 12, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 12, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge o£ Allegiance and a minute of silent prayer. Present: The City Clerk called the roll as follows: Mayor Hart. Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Absent: None Minutes of the regular meeting of December 5, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mrs. Anne Monroe, 3991 Marella Way, asked several questions about the Redevelopment Agency, Downtown Redevelopment Project and City expenditures. City Manager Bergen, City Attorney Hoagland and Director of Public Works Hawley answered most of Mrs. Monroe's questions. City Manager Bergen stated that Director of Fire and Development Services Needham would be available at most anytime to go over the inquiries about the Downtown Redevelopment Project. Mr. Craig Holland, 6505 Quailwood Drive, representing the Fruitvale School District and 2400 people who signed a petition fourteen months ago, requested information about the installation of the traffic signals at the intersection of Stockdale Highway and E1 Rio Drive, because they have been given several different dates for completion of this project. Director o£ Public Works Hawley outlined the process that was followed regarding the traffic signals for the intersection of Stockdale Highway and E1 Rio Drive: 1. December 6, 1978 - Report to the Council indicating the intersection met the warrants and should be placed on the priority list for budget consideration. Bakersfield, California, December 12, 1979 - Page 2 2. February 21, 1979 - Public Works Department presented a request for a transfer of funds to provide engineering for the design of four signals, including the one at Stock- dale Highway and E1 Rio Drive. 3. February 21, 1979 - Council entered into an agreement with a consultant to design the signals by October l, 1979. 4. June 13, 1979 - One additional signal and an interconnect system was added. The project will cost approximately $360,000. 5.November 21, 1979 - Final plans were received from the consultant. 6. Few days later the City started advertising for bids and they will be opened December 18, 1979. Assuming the Council awards the contract on December 19, 1979, it will take an estimated six months before the signals are completed. The controlling factor will be the delivery time for the controllers and standards for the signals. Based on this the estimated completion date is around July, 1980. Ms. Ruth Gelman, resident of Stockdale area, stated now is the time for advanced planning for a traffic light at the intersection of Gosford Road and Stockdale Highway. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from the City of Bakersfield's Police Department Civil Service Commission, dated December 5, 1979, responding to the Council's request of October 17, 1979, regarding a letter from Harold E. Chapin to Councilman Christensen dated October 16, 1979, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from the State Department of Transportation, dated December 4, 1979, announcing promotion of a Caltrans Highway Art Program, was received and ordered placed on file. Upon a motion by Councilman Barton, petition from the Bethany Lutheran Bible Study Group, 400 Day Avenue, Oildale, requesting Council action to stop pornography, was received and ordered placed on file. 3 Bakersfield, California, December 12, 1979 - Page 3 Upon a motion by Councilman Payne, communication from the State Department of Transportation, dated December 7, 1979, informing the Council that the relinquishment of State Highway right-of-way on Route 204 (Brundage Lane), between Oak Street and Union Avenue, was recorded November 30, 1979, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Barton stated he would like comments, as soon as possible, from each Councilman regarding the ordinance he intends to present at the next Council Meeting relative to the sale and display of narcotic and drug paraphernalia to minors. A copy of this ordinance has been furnished to each Councilman. Councilman Ratty stated he has received a letter from Harvey L. Hall resigning from the Charter Review and Advisory Commission and he will make another appointment in the near future. Councilman Ratty requested that the Director of Public Works recheck the traffic speed at Stockdale Highway and E1 Rio Drive. Councilman Means stated that due to the inadequacies of the ordinance prohibiting drinking of alcoholic beverages on the streets in Bakersfield, he would request that the Council and members of the Business Development and Parking Committee consider reducing the violation from a misdemeanor to an infraction and add a section on possession o£ an open container. After discussion, upon a motion by Councilman Barton, the City Attorney was directed to draft an Emergency Ordinance, for consideration at next week's Council Meeting, amending the ordinance prohibiting drinking of alcoholic beverages on the streets in Bakersfield, reducing the violation ~rom a misdemeanor to an infraction and adding a section on possession of an open 4 Bakersfield, California, December 12, 1979 - Page 4 container. This motion carried by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None REPORTS Councilman Christensen, member of the Governmental Efficiency and Personnel Committee, read Report No. 16-79 regarding Reclassification of Engineer II to Engineer III and Purchasing- Cash Management Officer to Accountant II, as follows: The Governmental Efficiency and Personnel Committee recently met regarding the reclassi- fication of two positions, one in the Public Works Department, the other in the City Finance Department. Public Works Director, Dale Hawley, has be- come concerned about salaries for the City's Engineering positions in comparison to Kern County and the private sector. According to the attached memorandum from Mr. Hawley, effective February, 1980 the City's salaries will lag behind Kern County from 7% for Engineer IV's to 44% for Construction Inspectors. There is an even greater difference between what the City is paying and the private sector for similarly qualified engineers. With these salary differences Mr. Hawley is faced with the possibility of an increased turnover. In an attempt to offset this problem, he has requested the reclassification of an Engineer II to Engineer III and has recommended salary increases of 7½% to 25% for the Engineering positions within his department. The Governmental Efficiency and Personnel Committee is sympathetic towards this problem, however, we are recommending only the reclassification at this time and will make further studies on the salary adjust- ments between now and June of 1980 when salary negotiations will hopefully be completed. The other reclassification is in the Finance Department. Assistant City Manager, Phil Kelmar, has requested that a position of Purchasing-Cash Management Officer be down graded to an Accountant position. This purchasing position has been vacant for the past year and it was the staff's intention not to fill it until such time that needs for the department were assessed. Mr. Kelmar feels that due to the increased workload involving grant accounting, the self-insurance programs for liability and workers' compensation and the City's enterprise accounting system that Bakersfield, California, December 12, 1979 - Page 5 an Accountant II could better fill his depart- ment's needs. This would result in an approxi- mate $3,000 a year savings in salaries, however, during the first year, equipment such as a desk and calculator will cost approximately $1,800. The Governmental Efficiency and Personnel Committee is in agreement with both of these reclassifications and is therefore recommending City Council approval for the reclassification of one Engineer II to Engineer III and one Purchasing-Cash Management Officer to Accountant II. There are monies enough in both department budgets to offset any additional costs the remainder of this fiscal year. Upon a motion by Councilman Christensen, Governmental Efficiency and Personnel Committee Report No. 16-79 regarding Reclassification of Engineer II to Engineer III and Purchasing- Cash Management Officer to Accountant II, was accepted; and re- classification of one Engineer II to Engineer III in the Public Works Department and one Purchasing-Cash Management Officer to Accountant II in the Finance Department, were approved. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 17-79 regardinc: CETA, as follows: Attached to this report is a letter from Tim Christensen, Kern County CETA Program Director, regarding the City of Bakersfield's application for CETA Public Service Employment positions. As noted in this letter the City's original proposal was for 159 participants at a total cost of $1,794,891. Due to current funds available and the CETA sta££'s concern regarding such a large program, a recommendation was made to the City that a smaller program should be initiated. Discussions were held between the City's staff and the CETA staff which resulted in a recommendation to fund 20 positions. The CETA Director was also concerned with our Charter requirement restricting participants to six months employment. As a possible solution to this, CETA's original plans called for the City to use an outstation such as the North Bakersfield Parks and Recreation District to furnish employees to the City. The County Counsel's office however gave an opinion that this is not possible, therefore, the City has no other alternative but to contract directly with the County. The Governmental Efficiency and Personnel Committee is therefore recon~nending that the Bakersfield, California, December 12, 1979 - Page 6 City enter into this contract in January, 1980 for 20 CETA employees which would be hired for a six month basis with the expectation that the City will initiate action to revise the City Charter to allow longer training assign- ments. Participants would then be able to work for an 18 month period as required by Federal law. This recommendation should be approved tonight and submitted to the Charter Review Committee to be acted on in the June 1980 ballot. We are also recommending a transfer of $123,000 to re-establish temporary positions in the Police, Auditorium-Recreation and Public Works Departments. These temporary positions are necessary in that the departments original requests for CETA employees have been reduced considerably. Temporary salary accounts should be revised as follows: Police $ 18,000 Public Works $100,000 Auditorium-Recreation $ 5,000 Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 17-79 regarding CETA, was accepted; and recommendations as outlined in the report, were approved. Councilman Christensen abstained from voting on this motion. Councilman Payne, member of the Governmental Efficiency and Personnel Committee, read Report No. 18-79 regarding New Position of Police Lab Technician, as follows: The Governmental Efficiency and Personnel Committee has met recently with the staff re- garding an additional Lab Technician for the Police Department. This position is being requested now due to the increased workload caused primarily by the development of new, and more complicated methods of scientific examinations of crime scene evidence and more use of these types of evidence by both prosecuting and defense attorneys. The number of lab personnel has not been in- creased commensurate with the growth of the Police Department in recent years. During the past year the Police Department has had to use a detective to work in the lab which has left the department short in other areas. At the present time standby pay and overtime is extremely high in the lab due to the lack of personnel. This new classification will be filled with a Sworn Safety Officer. The Governmental Efficiency and Personnel Committee is convinced that this position Bakersfield, California, December 12, 1979 - Page 7 is needed and is recommending a budget transfer of $12,000 from the Council Contingency fund to pay for this position for the remainder of fiscal year 1979-80. The total annual cost is approximately $22,000. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 18-79 regarding New Position of Police Lab Technician, was accepted; one new position of Police Lab Technician for the Police Department, was approved; and Budget Transfer from the Council Contingency Fund to appropriate Police Department account, in the amount of $12,000, to pay for this position for the remainder of fiscal year 1979-80, was approved. Councilman Payne, member of the Business Development and Parking Committee, read Report No. 12-79 regarding City Parking Leases, as follows: On October 24, 1979, the Council referred communication from David W. Thomley, Receiver for the Bank of America Building (Attachment No. 1), dated October 16, 1979, to this Com- mittee for study and recommendation. As you know, various parking lots are being modified to increase parking meter fees. In addition, physical modifications will take place to increase the number of parking spaces on various lots. The lot in question at Truxtun and "Eye" Streets, for example, will undergo a parking meter rate change so as to accept the following rates: 1 Hr. $ .10 2 Hrs. $ .20 10 Hrs. $1.00 In addition, 13 additional parking spaces will be added to the existing 87 spaces for a new total of 100 parking spaces. Due to the past action of the Council to in- crease parking lot meter fees, this Committee reaffirms its past suggestion that a fee of $25 per month for an assigned parking space is a fair and reasonable price, in light of a $21 per month fee collected from the new parking meters. Attachments Nos. 2 and 3 are letters forwarded to additional lessees (Banducci Enterprises and Bakersfield Professional Building Associa- tion) stating the same conditions--that assigned and leased parking spaces in City-owned parking lots will be $25 per month, effective January l, 1980. Bakersfield, California, December 12, 1979 - Page 8 Therefore, this Committee recommends that the Council authorize the Attorney's office to prepare three new leases and forward to the existing lessees for execution, stating that the new rate of $25 per month will start on January l, 1980; and further authorize the Mayor to execute the Leases for the City. Councilman Ratty suggested that the Business Development and Parking Committee look at the leases of Banducci Enterprises and Bayfield Ltd., as being of a temporary nature, not a permanent one, on these public lots and either establish in-lieu parking fees or allow the parking slots to be used by the public. Upon a motion by Councilman Payne, Business Development and Parking Committee Report No. 12-79 regarding City Parking Leases, was accepted; and the City Attorney was authorized to prepare three new leases and forward to the existing lessees for execution, stating that the new rate of $25.00 per month will start on January l, 1980 and the Mayor was authorized to execute the leases. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2865 to 2943, inclusive, in the amount of $929,313.06. (b) Claim for Damages from Ray Catulli, c/o Wilzig and Parker, Attorneys at Law, 8484 Wilshire Boulevard, Beverly Hills, Cali- fornia. (Refer to City Attorney) (c) Claim for Personal Injuries and Damages from Adam Neal Bratcher, 127 Hopkins, Apt. C, Oildale, California. (Refer to City Attorney) (d) Street Right-of-Way Deed from the County of Kern for construction of a full width street on Adanac Court. (e) Improvement Agreement for Parcel Map No. 5530 with Tenneco Realty Development Corporation for construction of improve- ments required by the Planning Commission, located west of California Avenue at Mohawk Street. (f) Notice of Completion and Acceptance of Work on resurfacing portions of "T" Street, 8th Street and Owens Street, Contract No. 79-178 with Granite Construction Company. Bakersfield, California, December 12, 1979 - Page 9 (g) Application for Encroachment Permit from Tosco Corporation, 2201 Fruitvale South, for construction of underground pipeline crossings across Stockdale Highway, Buena Vista Road, Kern River Canal and James Canal. (h) Application for Encroachment Permit from Bernard & Sons, Inc., 4011 Jewett Avenue, for construction of a 6 foot high chain link fence with wooden slats along 40th Street at northwest corner of 40th Street and Jewett Avenue. (i) Plans and Specifications for Modification of two Parking Lots at 20th Street between "L" and "M" Streets and Truxtun Avenue between "H" and Eye Streets. (J) Plans and Specifications for Storm Drain and resurfacing on portions of Inyo Street, Flower Street and Brown Street. (k) Specifications for furnishing and applying Slurry Seal on Parking Lots and Service Roads at six City Parks. (i) Cooperative Agreement with the County of Kern for reimbursement to the County for City's portion of the construction of Bernard Street between Alta Vista Drive and Haley Street and River Boulevard between Bernard Street and Panorama Drive. Upon (d), (e), (f), Calendar, were adopted by the following roll call Ayes: Councilmen Miller, Ratty, Strong, Barton, Means a motion by Councilman Miller, Items (a), (b), (g), (h), (i), (j), (k) and (1) of the Consent vote: Christensen, (c), Noes: None Absent: Councilman Payne Councilman Strong commended Director of Public Works Hawley and the entire staff for the expeditious way they have spent Community Development funds and the fine job they have done on Item (f) of the Consent Calendar and other areas of the City where curb, gutter and streets have been repaired. ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Three-Way Chevrolet for 1/2 Ton Pickup Trucks for the Public Works and Fire Departments, was accepted and the other bid rejected. Bakersfield, California, December 12, 1979 - Page Upon a motion by Councilman Miller, low bid of Granite Construction for pavement improvements on La Costa Street between Auburn Street and 1300 feet north, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Miller, low bid of Granite Construction for resurfacing portions of Valhalla Drive and Columbus Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, all bids £or con- struction of a 21-inch Sewer in District Boulevard at Ashe Road, were rejected and the project was referred to staff for evaluation. Upon a motion by Councilman Strong, low bid of Granite Construction for construction of Curb and Gutter on various streets in the Lowell Addition, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2535 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 commonly known as 501, 515 and 525 - 34th Street: and 500 and 518 - 33rd Street. The application for this amendment was made by Sunil R. Lahiri, M.D., and would change subject properties from an M-1 (Light Manufacturing) and an R-3 (Limited Multiple Family Dwelling) Zones to a C-O-D (Commercial and Professional Office - Architectural Design) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2535 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 commonly known as 501, 515 and 525 - 34th Street: and 500 and 518 33rd Street, finding said zoning consistent with the General Bakersfield, California, December 12, 1979 - Page 11 Plan, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Adoption of Ordinance No. 2536 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the north- east corner of Oswell Street and Bernard Street, approving the Pre- liminary Development Plan, and making findings in connection with P.C.D. Zone. The application for this amendment was made by K.Y.W., a General Partnership, and would change subject property from an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone. Upon a motion by Councilman Miller, Negative Declaration and Ordinance No. 2536 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northeast corner of Oswell Street and Bernard Street, approving the Preliminary Development Plan, and making findings in connection with P.C.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, Means Noes: None Absent: None Adoption of Ordinance No. 2537 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakers- field, regarding property known as Stockdale No. ll Annexation. This ordinance zones upon annexation that certain properl;y in the County of Kern located on the north side of Stockdale Bakersfield, California, December 12, 1979 - Page 12 Highway, easterly of the Kern County Fire Station and westerly of Los Portales, to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2537 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Stockdale No. ll Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Adoption of Ordinance No. 2538 New Series of the Council of the City of Bakersfield amending Section 17.52.060 (d) of the Municipal Code relative to Nonconforming Uses. Upon a motion by Councilman Payne, Ordinance No. 2538 New Series of the Council of the City of Bakersfield amending Section 17.52.060 (d) of the Municipal Code relative to Non- conforming Uses, was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Adoption of Ordinance No. 2539 New Series of the City Council of the City of Bakersfield approving and adopting the Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project. Upon a motion by Councilman Ratty, Ordinance No. 2539 New Series of the City Council of the City of Bakersfield approving and adopting the Third Amendment to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project, was adopted Bakersfield, California, December 12, 1979 - Page 13 13 by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen Means Noes: None Absent: None Abstaining: Councilman Miller 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 west side of Akers Road, approximately 210 feet north of White Lane. The application for this amendment was made by Sing Lum and would change subject properties from an R-1 (One Family Dwelling) Zone to a P (Automobile Parking) and a C-1 (Limited Commercial), 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 on the west side of Akers Road, approxi- mately 210 feet north of White Lane. Approval of Agreements between the City and BPW Engineers and between the City and E1 Camino Plaza, Ltd., Developer, providing the terms and conditions relative to a proposal by property owners in the vicinity of Rosedale Highway, Freeway 99 and the Hilton Inn to form a Public Improve- ment District for a standard City street and traffic signal system. These agreements provide the terms and conditions relative to a proposal by property owners in the vicinity of Rosedale Highway, Freeway 99 and the Hilton Inn to form a Public Improvement District. The major emphasis of the district is to replace the private access road to the Hilton Inn with a standard City street and installation of a traffic signal system. Bakersfield, California, December 12, 1979 - Page 14 The two agreements will provide the engineering and necessary funding to form the district. They also guarantee that funds will be provided for the payment of these services and that the City will have no direct cost liability. The benefits to the City in this project are better coordinated land use, increased circulation, higher type street and better ingress and egress. Also, the installation of a signal system at this stage would eliminate the possibility of the City funding such an improvement at a later date. Upon a motion by Councilman Ratty, Agreements between the City and BPW Engineers and between the City and E1 Camino Plaza, Ltd., Developer, providing the terms and conditions relative to a proposal by property owners in the vicinity of Rosedale Highway, Freeway 99 and the Hilton Inn to form a Public Improvement Distriot for a standard City street and traffic signal system, were approw~d and the Mayor was authorized to execute same. Approval of Agreement between the City and Biggar, Frapwell, Ghezzi, Cartnal, Inc., providing the terms and conditions for design of a storage building at the Corporation Yard. Upon a motion by Councilman Ratty, City and Biggat, Frapwell, Ghezzi, Cartnal, Agreement between the Inc., providing the terms and conditions for design of a storage building at the Corporation Yard, was approved and the Mayor was authorized to execute same. Approval of Physically Handicapped Program for the 1979-80 Community Development Block Grant Program and Community Development staff authorized to administer program. In the 1979-80 Community Development Block Grant application, $70,000 has been designated for architectural barrier removal and other handicapped activities. With the assistance of the California Association of the Physically Handi- capped, staff has developed this year's program. The 1979-80 Bakersfield, California, December 12, 1979 - Page program includes: 1. Removal of architectural barriers in the streets around the San Joaquin Hospital -- $50,000. 2. Accessibility of public facilities -- $5,000. 3. Home Accessibility Grant Program for Physically Handicapped -- $15,000. Linda Wyatt, representing California Association of the Physically Handicapped, stated this is not necessarily for wheel- chair bound persons, it is also for persons who have mobility problems in their homes. Upon a motion by Councilman Strong, Physically Handi- capped Program for the 1979-80 Community Development Block Grant Program, was approved and the Community Development staff was authorized to administer the program. HEARINGS This is the time set for public hearing before the Council on a Proposed Negative Declaration for an extension of the Gosford (Coffee) Road-Truxtun Avenue project northward from the intersectic, n of Gosford Road and Truxtun Avenue across the Kern River to the City Limit Line for a total length of approximately 860 feet. This hearing has been duly advertised. A two-lane reinforced concrete bridge, approximately 380 feet long, will be constructed across the Kern River. It will be 49 feet wide with a 13-£oot clearance above the river bed. Mayor Hart declared the hearing open for public partici- pation. Ms. Ruth Gelman, 6633 Kane Way, suggested that certain mitigating measures be taken. Mr. Chuck Tolfree, Tenneco Realty Development Corporation, commented regarding Ms. Gelman's statements. No further 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. Bakersfield, California, December 12, 1979 - Page 16 Upon a motion by Councilman Payne, Resolution No. 95-79 of the Council of the City of Bakersfield approving Negative Declaration for project consisting of extension of Gosford (Coffee) Road, Truxtun Avenue northward from intersection of Gosford and Truxtun Avenue across the Kern River, was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None This is the time set for public hearing before the Council on an Appeal by Carver Development to the decision of the Planning Commission denying their application for an Architectural Design on a proposed four-story office building in a C-O-D (Commercial and Professional Office - Architectural Design) Zone, affecting that certain property commonly known as 5201 California Avenue. This hearing has been duly advertised and the property owners have been notified as required by law. Letter was received from Mrs. Ann Brown urging approval of the project. The Planning Commission denied the request for a Design Overlay at their meeting of November 7, 1979. pation. Mayor Hart declared the hearing open for public partici- Mr. Benjamin D. Phipps, member of the Planning Commission, stated he voted against this project because ordinance. The ordinance, as he understands allows four-stories and a height of 45 feet. it is 50% over the it, in a C-O Zone, This particular project is four-stories and 68 feet high. Mr. Phipps stated his quarrel is with the ordinance, not with the height and he has no objection to the project. The remedy would be to change the ordinance. Bakersfield, California, December 12, 1979 - Page Mr. James H. Carstensen, representing Carver Development, stated he was present to answer questions of the Council. City Attorney Hoagland stated, for clarification, the ordinance does have a height limitation, however, those are all subject to modification. The developer for this particular building applied to the Board of Zoning Adjustment for a height modificatioa and it was granted. No further 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. Councilman Ratty made a motion that application of Carver Development for an Architectural Design on a proposed four-sto~y office building in a C-O-D (Commercial and Professional Office - Architectural Design) Zone, affecting that certain property commonly known as 5201 California Avenue, be granted. Councilman Means requested that the developer plant extra trees on the southwest side of the building, large enough to shade that section of the building during the summer. Mr. Carstensen stated that request would be beneficial to both the City and developer and they would be pleased to plant a sufficient number of trees to accomplish that task. Councilman Ratty's motion granting application of Carver Development for an Architectural Design on a proposed four-story office building in a C-O-D (Commercial and Professional Office - Architectural Design) Zone, affecting that certain property commonly known as 5201 California Avenue, was approved by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Miller, Payne, Ratty, Strong, Barton, Means None None Councilman Christensen Councilman Christensen made a motion that the matter of removing the 45 foot height limitation from the Zoning Ordinance Bakersfield, California, December 12, 1979 - Page 18 be referred to the Planning Commission. Councilman Payne suggested that action on Councilman Christensen's motion be deferred until a Workshop can be held with the Planning Commission, preferably as soon as possible after the holidays. This Workshop is critical because there are several new members on the Council and Planning Commission, and information and knowledge by both bodies should be exchanged. Councilman Christensen stated he accepts those suggestions and withdrew his motion. 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. A~I~ y rsfield, Calif. ATTEST: CITY~ERK and~cio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, December 19, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 19, 1979. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Absent: Mayor Hart Minutes of the joint public hearing of December 5, 1979, and regular meeting of December 12, 1979, were approved as presented. SCHEDULED PUBLIC STATEMENTS Upon a motion by Councilman Strong, Report No. 10-79 from the Budget Review and Finance Committee regarding Agreement with Greater Bakersfield Community Development Corporation (CDC), was deferred until the Council Meeting of January 9, 1980. Mr. Art Powell, President of the Bakersfield Branch of the N.A.A.C.P., asked several questions about the program with the Greater Bakersfield Community Development Corporation and requested answers prior to the time the Council takes action. Mr. Powell also stated that in order to be aware of what is going on and how it will affect the community as a whole they would l~ke to be a part of the planning process of these types of programs. Councilman Ratty requested that Mr. Powell submit his questions in writing, to the staff, prior to the January 9, 1980, Council Meeting so they can be answered at that time. Mr. Joseph L. Coley, Publisher of the Bakersfield News Observer, stated he also has a few questions regarding this program, and he would submit them to the staff, in writing, so they can be answered at the Council Meeting of January 9, 1980. CORRESPONDENCE City Upon a motion by Councilman Payne, communication from of Bakersfield, Department of Public Works, to Dr. Bill L. Bakersfield, California, December 19, 1979 - Page 2 Williams, District Superintendent of Panama Union School District, dated November 21, 1979, responding to Panama Union School District Resolution No. 30 and cover letter from Chester W. Troudy requesting stop signs or traffic signals at the intersection of Westholme Boulevard and Ming Avenue, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from City of Bakersfield, Department of Public Works, to Ms. Pam Mossman, 2228 South Real Road, #38, dated December 14, 1979, responding to her inquiry regarding the traffic signals for the intersection of Stockdale Highway and E1 Rio Drive, was received and ordered placed on file. Upon a motion by Councilman Strong, communication from Joseph Schwarzman, President of Chapter #21 of the Retired Public Employees' Association of California, 1908½ Carrere Street, dated December 7, 1979, requesting a 3% cost-of-living adjustment in retirement benefits for retired employees of the City o£ Bakers- field, was received and referred to the Governmental Efficiency and Personnel Committee for study and recommendation. COUNCIL STATEMENTS Councilman Payne read a memorandum from the Director of Public Works to the Chief of Police, dated December 18, 1979, regarding School Crossing on White Lane at Akers Road, as follows: Sandrini Elementary School will open for classes January 7, 1980. Approximately 40 students will cross White Lane to and from school. Due to observed vehicular speeds (85th percentile of 52.3 MPH) and the intersection configuration, a study was made to determine if traffic control or other appropriate action will be needed. In accordance with "A Program for School Cross- ing Protection," an ITE recommended practice publication, and the Caltrans Traffic Manual, data was accumulated during the times students will be expected to cross White Lane at Akers going to and from school. Vehicular traffic volumes and gaps and estimated student pedes- trian traffic indicate an adult school crossing guard will be warranted. It should be noted that there are few gaps in vehicular traffic Bakersfield, California, December 19, 1979 - Page 3 large enough for pedestrians to cross the street. If motorists do not stop, students will have to wait 3 to 4 minutes average to cross the street. We contacted school officials to try to solve the problem by bussing without success. It is recommended that an adult school crossing guard be provided at the intersection when classes start January 7, 1980. Upon a motion by Councilman Payne, Adult Crossing Guard for the intersection of White Lane and Akers Road, was approved; and Budget Transfer from Council Contingency Account No. ~1-512-6100 to Police Operations Account No. 11-625-4500, in the amount of $3,350.00, to provide funds for the Crossing Guard, was approved. Upon a motion by Councilman Strong, Councilman Payne was appointed to act as lia~on between the Council and Planning Com- mission. REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 6-79 regarding Auditorium Fees, as follows: At the City Council meeting of November 28, the matter of increasing certain fees at the Civic Auditorium, in particular, catering fees, was referred back to this Committee for further study. In addition, three other points were raised by Councilmen for further investigation (1) effect on subsidization of Civic Auditorium by increasing catering percentage from 6% to 10% (2) evaluate catering fee revenue today versus five years ago and (3) explore possi- bility of adjusting other Civic Auditorium user charges rather than increasing catering fee percentage. The Committee has met with Mr. Mossman to again consider this subject. After discussion, it is still the recommendation of this Committee catering fees be increased, however, the effective date would now be February l, 1980. The last change occurred in 1962 and Auditorium operating costs have increased substantially since that time. We do not feel this increase will affect the usage of the Civic Auditorium. If this increase should have an influence, we certainly would consider modifying it. In addition, any future events on which caterers have quoted prices and deposits are received Bakersfield, California, December 19, 1979 - Page 4 by the Auditorium by February 1, 1980, will fall under the old rate structure. In response to the matters raised by the other Councilmen, the Committee offers the following: (1) The present subsidization of the Civic Auditorium is presently 50% and the increased catering fees would have a minor effect on changing this percentage, however, from the standpoint of prudent management it enables the Auditorium to somewhat keep up with increasing costs. (2) The following is a summary of catering fee revenue over the last five fiscal years: NO. OF REVENUE EVENTS 1974-75 $6,640 35 1975-76 8,220 36 1976-77 11,275 40 1977-78 8,250 32 1978-79 10,750 42 Increased food prices by the caterers affects the City's revenue, but revenue is more affected by the type of meal served and obviously the number of people attending. (3) The two major sources of revenue for the Auditorium, approximately 75%, are rental fees and concession revenues; the rental fees were increased in 1977 and the concession fees in 1976; in addition, the concessionaire has recently requested an increase in prices which will be coming to the Council in the near future for their action. The Committee therefore recommends the Council take the following actions: (1 Acceptance of this report. Rescind Resolution 85-79 regarding Com- mercial Rental Rate for the Civic Auditorium which contained an effective date of January l, 1980. (3 Adopt the attached resolution regarding Commercial Rental Rates for the Civic Auditorium which contains an effective date of February l, 1980. (4) Adopt Ordinance of the City Council of the City of Bakersfield amending Section 5.32.200 (e) of the Municipal Code relative to the use of Auditorium Kitchen Facilities. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 6-79 regarding Auditorium Fees, was accepted. Bakersfield, California, December 19, 1979 - Page 5 Repeal of Resolution No. 85-79 of the Council of the City of Bakers- field amending Resolution No. 37-77 respecting commercial rental rates for the Civic Auditorium. Upon a motion by Councilman Christensen, Resolution No. 85-79 of the Council of the City of Bakersfield amending Resolution No. 37-77 respecting commercial rental rates for the Civic Auditorium, was repealed by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Adoption of Resolution No. 96-79 of the Council of the City of Bakers- field amending Resolution No. 37-77 respecting commercial rental rates for the Civic Auditorium. Upon a motion by Councilman Christensen, Resolution No. 96-79 of the Council of the City of Bakersfield amending Resolution No. 37-77 respecting commercial rental rates for the Civic Auditorium, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Adoption of Ordinance No. 2540 New Series of the Council of the City of Bakersfield amending Section 5.32.200 (e) of the Municipal Code relative to the use of the Auditorium Kitchen Facilities. Upon a motion by Councilman Christensen, Ordinance No. 2540 New Series of the Council of the City of Bakersfield amending Section 5.32.200 (e) of the Municipal Code relative to the use of the Auditorium Kitchen Facilities, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Bakersfield, California, December 19, 1979 - Page 6 Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 8-79 regarding California Housing Finance Agency (CHFA) Loan Program--Locality Set-Aside Funds, as follows: At the November 28th City Council meeting, the Budget Review and Finance Committee presented a report on the loan program underway in the City of Bakersfield. That report informed the Council that $4,000,000 has been allocated to this area, of which $2,300,000 in loan authority was divided by CHFA among five participating lenders. The balance of $1,700,000, which was reserved in a set-aside fund for the City to direct towards high priority loans, is the subject of this report. Four types of loans currently at 9% interest can be made under this program--home mortgages, new construction (1-4 units), rehabilitation with refinancing and regular home improvement loans. Certain limitations apply to these loans in terms of how many and where they can be made. Briefly, they are: At least 20% of all loans made under the program must be £or properties ~ocated in the designated Concentrated Rehabilitation Area (CRA) shown on the attached map. Additionally, rehabilitation loans may be made only in the CRA. Home purchase loans for owner-occupants cannot total more than 20% of the City's overall loan authority, in this case $800,000. Mortgage and new construction loans are available city-wide. With regard to the City's $1,700,000 in set- aside funds, this committee is recommending the following priorities should be established for the usage of these funds. 30% or $510,000 be earmarked for home mortgages by owner-occupants. This would provide between 8 and 12 loans. 20% or $340,000 be allocated to both types of rehabilitation loans. To facilitate this portion of the program, a contract should be made with Security Pacific National Bank to allow some of these funds to be used with the City's existing FHA Title I low interest rehab loan program. 50% or $850,000 be directed towards new construction, both single family and multiples (up to 4 units). Individual projects would be screened by the Community Development staff prior to being submitted to a participating lender. Bakersfield, California, December 19, 1979 - Page 7 Due to pending Federal legislation, CHFA has placed a moratorium on the use of these funds, except FHA Title I rehabilitation loans. How- ever, it is anticipated this freeze will end soon. Therefore, it is recommended that: (1) The pro- posed use of the City's set-aside funds be approved; and (2) Execution of the contract with Security Pacific National Bank be authorized for the FHA Title I rehabilitation loans. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 8-79 regarding California Housing Finance Agency (CHFA) Loan Program--Locality Set-Aside Funds, was accepted; proposed use of the City's set-aside funds, was approved; and contract with Security Pacific National Bank for the FHA Title I Rehabilitation Loans, was approved and the Mayor was authorized to execute same. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 9-79 regarding City-Wide Radio Communications and Planning, as follows: Presently radio communications installation and maintenance for all City departments, excepting Water, is carried out by two radio technicians under the Police Department's management and budget process. Determination of radio communication needs and equipment is done by each individual department and coordinated through the Police Department for the necessary information and work to be accomplished. The two radio technicians are well qualified for their work, but do not have the time nor total expertise to continue operating under present and future demands. Their work also includes other responsibilities which further encumbers their time and capabilities. It has been determined by Police, Fire and Public Works staff that due to lack of suffi- cient radio coverage in the City, improvements must be made to the present radio system. After budgeting monies to accomplish this task, it became apparent that City staff did not possess the expertise to make the proper deter- minations to totally solve the problem without creating others. The method by which the City makes radio equip- ment determinations and budgeting, needs careful 26 Bakersfield, California, December 19, 1979 - Page 8 analysis which should be done by experienced people in this field. Essentially, the Budget Review and Finance Committee finds that professional services are needed from an outside source to help determine a composite system through which these problems can be solved and future planning needs can be identified. Staff is presently investigating whether there are Federal or other funds available to assist the financing o£ such a study. There are also funds available that were originally budgeted for radio communications improvement but, as a result of a joint decision by the Police Chief, Director of Fire and Development Services and Director of Public Works, they were held up due to the reason discussed in this report. This report is for the Council's information only, and recommendations for action will be forthcoming when availability of outside sources of funding is determined. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 9-79 regarding City-Wide Radio Com- munications and Planning, was accepted. Public Works Director Hawley read a report regarding Access to City Parks by Physically Handicapped, as follows: During the November 14, 1979 Council Meeting, the staff was requested to investigate and report back to the Council on the accessi- bility of City Parks to the physically handi- capped. Our investigation revealed that all of our parks constructed prior to 1970 require modi- fications to make them accessible for wheel- chairs. Most o£ the parks require changes in the restrooms and some require additional sidewalk and curb ramps where the disabled person must get from the parking lot to the restroom. The 1979-80 Community Development Block Grant application includes $5,000 to improve the accessibility of 5 parks: Central, Jastro, Jefferson, Lowell and Beach. These modifi- cations have been reviewed with representatives of the California Association of the Physically Handicapped and the Community Access Network and they concur with the proposal. However, they do recommend additional changes in the other City parks as soon as funds are made available. Director of Fire & Development Services Needham reported recently the Council entered into a Joint Powers Agreement with five other cities in the State and the State Department of Energy for the purpose of determining energy conservation, solar energy, Bakersfield, California, December 19, 1979 - Page 9 etc. This agreement has not yet been totally consummated through the Department of Energy and the process has not been finalized. The State has submitted an agreement to give the City $200.00 for expenditures during the period of time it takes to finalize the Joint Powers Agreement with all entities. The staff is requesting that the Council approve the agreement with the State Energy Resources Conservation and Development Commission for $200.00 for expenditure purposes. Upon a motion by Councilman Means, Agreement with the State Energy Resources Conservation and Development Commission giving the City $200.00 for expenditure purposes, was approved and the City Manager was authorized to execute. Councilman Strong read a letter from the Bakersfield Fire Supervisory Association, 3904 Celine Court, dated December 13, 1979, as follows: Vernon D. Strong, Chairman Governmental Efficiency and Personnel Committee 1501 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Strong: In answer to your letter of December 4, 1979 concerning the Bakersfield Fire Supervisory Association I offer the following in£ormation. I hope it will clear up any misconceptions that the members of the G.E.P. Committee or Mr. Russell might have concerning our group. In answer to issue one concerning the Super- visory Associations business address and Association Presidents address. The correct address for both should be: 3904 Celine Court, Bakersfield, CA., 93309. In answer to issue two concerning our affiliation with the C.S.F.A. (Calif. State Firemans Assn) I offer the following: The Bakersfield Fire Supervisory Association has entered into an affiliation with the C.S.F.A. however as the petition states the Bakersfield Fire Super- visory Association is the representing group. Our affiliation with the C.S.F.A. provides us with legal assistance, expertise in the field of formal negotiations and other benefits con- cerning our membership. We have authorized Mr. Gerald B. Matthews, C.S.F.A., Administrative Assistant as well as myself, Henry Pacheco, Bakersfield, California, December 19, 1979 - Page 10 Association President as designated Spokesme. n. The Bakersfield Fire Supervisory Association is the group representative and as such retains all rights. I trust this letter will clear up any loose ends regarding our petition for recognition and your formal recognition will be afforded us as soon as possible. If you have any questions regarding this matter please contact either myself or Mr. Matthews at 834-1243 locally or in Sacramento at Area Code (916) 441-4153. Sincerely, Henry Pacheco President, Bakersfield Fire Supervisory Assn. Upon a motion by Councilman Strong, letter from the Bakersfield Fire Supervisory Association, was received, ordered placed on file and the staff was instructed to draft an appropriate response, to their request for recognition, for approval by the Governmental Efficiency and Personnel Committee. Director of Fire & Development Services Needham stated that an annual report is required by the State for the previous year's activities by the Redevelopment Agency and proposed activities for the coming year. Yesterday the report was approved by the Redevelopment Agency and staff is requesting acceptance by the Council and authorization to transmit to the State Department of Housing and Community Development. Upon a motion by Councilman Means, Annual Report on the Redevelopment Agency, was accepted and the staff was authorized to the State Department of Housing and Community transmit it to Development. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2944 to 3146, inclusive, in the amount of $359,765.06. Bakersfield, California, December 19, 1979 - Page ll 29 (b) (c) (d) Street Dedications, Sewer and Water Ease- ments from Tenneco Realty Development Corporation providing for widening of California Avenue, dedication of Mohawk Street east of California Avenue, Business Park North and East Commercenter and Sewer and Water lines as required for Parcel Map No. 5530, located east of California Avenue, north of Business Center Drive. Grant Deed from W.H.O. Development pro- viding for a drainage sump for Tract No. 4060, located east of Wible Road, north of Panama Lane. Grant Deed from Karl T. & Barbara O. Stahl and Wattenbarger Enterprises pro- viding for drainage sump as required for Tract No. 3859 "A", located north of College Avenue, west of Flintridge Drive. (e) Notices of Completion and Acceptance of Work on: (f) (g) (h) (i) (J) (k) (1) Tract No. 4007, Contract No. 79-60 with Community Construction, Inc., located at Pacheco Raod, westerly of Union Avenue. (2) Parcel Map No. 5122, Contract No. 79-03 with Tenneco Realty Development Corporation, located at Grissom Street and Aldrin Court. (3) Tract No. 3933 (A), Contract No. 78-102 with Sunrise Unlimited, located at Panorama Drive and Rancho Sierra Street. Map of Tract No. 3894 "B" and Improvement Agreement with Tejon Valley Development Company for construction of improvements therein, located west of Stine Road, north of Harris Road. Plans and Specifications for construction of A.C. Pavement on University Avenue between Camden Street and La Costa Street. Plans and Specifications for construction of Water Department Office Addition and Storage Building at the Corporation Yard. Plans and Specifications for construction of Curb and Gutter at various locations. Plans and Specifications for construction of a new Fire Station on Westwold Drive, east of Gosford Road and south of Ming Avenue. Plans and Specifications for a t8" Drain Line Pipe for Pumping Plant No. 9 on Quailwood Drive. Bakersfield, California, December 19, 1979 - Page 12 (1) Budget Transfer from Economic Development Administration Account for Storm Drains No. 39-192-9400, in the amount of $25,146.99, and Major Street Improvement Gas Tax Fund No. 33-293-9500, in the amount of $968.02, into the Economic Development Administration Street Construction Fund Account No. 39-293-9500, in the amount of $26,115.01, for construction of Curb, Gutter and Paving in the Kern Division. 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 Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, bid of Kern County Equipment Company for Three-Wheel Vehicle, was accepted. Upon a motion by Councilman Ratty, low bid of Galland Electric for construction of Traffic Signal Systems on Stockdale Highway and California Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. In response to a question by Councilman Ratty, Director of Public Works Hawley stated he has talked to Galland Electric and they have indicated the equipment would be ordered immediately and they will give high priority to the intersection of Stockdale Highway and E1 Rio Drive. Upon a motion by Councilman Miller, low bid of Granite Construction Company for construction of a Storm Drain in College Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, bid of C. L. Sterner Company for furnishing and applying Slurry Seal on Parking Lots and Service Drives in various City parks, was rejected and the Finance Operations Manager was authorized to readvertise the project. Bakers£ield, California, December 19, 1979 - Page 13 Upon a motion by Councilman Miller, bids of Moore Recreation, in the amount of $4,799.68, Quality Industries, in the amount of $348.74, and Miracle Recreation, in the amount of $901.00, for Playround Equipment, were accepted and all other bids rejected. 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 authorized to negotiate a price for portable radios with Motorola Communications. Upon a motion by Councilman Payne, low bid of James G. Francis for construction o~ Asphalt Concrete Pavement on Laurel- glen Boulevard and other locations, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption o~ Ordinance No. 2541 New Series amending Title Seventeen of the Municipal Code of the City o£ Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the west side of Akers Road, approximately 210 feet north of White Lane. The application for this amendment was made by Sing Lum and would change subject properties from an R-1 (One Family Dwelling) Zone to a P (Automobile Parking) and a C-1 (Limited Commercial) Zones. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2541 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 the west side of Akers Road, approximately 210 feet north of White Lane, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Payne, Means, Noes: None Absent: None Ratty, Strong, Barton, Miller Christensen, 3'2 Bakersfield, California, December 19, 1979 - Page 14 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 o~ Bakersfield located on the north side of Planz Road, approximately 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-~, (Commercial - Architectural Design) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Planz Road, approximately 600 feet west of South Chester Avenue. Adoption of Emergency Ordinance No. 2542 New Series of the Council of the City of Bakersfield adding Chapter 10.70 to the Municipal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakers- field or carrying open containers of Alcoholic Beverages, and repealing Ordinance No. 2532 New Series. Upon a motion by Councilman Payne, Emergency Ordinance No. 2542 New Series of the Council of the City of Bakersfield adding Chapter 10.70 to the Municipal Code prohibiting drinking of Alcoholic Beverages on the streets in Bakersfield or carrying open containers of Alcoholic Beverages, and repealing Ordinance No. 2532, New Series, with the inclusion of a severability clause, was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Payne, Ratty, Barton, Means, Councilman Strong None Councilman Christensen Miller Bakersfield, California, December 19, 1979 - Page 15 33 Approval of Contract with R. Dixon Speas providing consulting work to complete Airpark Master Plan Study for the Bakersfield Airpark. This contract, in the amount of $36,000, provides for the consulting work to complete the Airpark Master Plan Study for the Bakersfield Airpark. Its purpose will be to develop a de- tailed set of airport plans which illustrate proposed improvements, perform a comprehensive financial evaluation to determine conditions for achieving airport self-sufficiency and to conduct an overview environmental analysis. The Federal Aviation Administration will fund $29,012 of the cost. The County of Kern, Board of Supervisors approved funding one-half of the local share at their meeting of December 18, 1979. Upon a motion by Councilman Ratty, Contract with R. Dixon Speas providing consulting work to complete Airpark Master Plan Study for the Bakersfield Airpark, was approved and the Mayor' was authorized to execute same. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Miller, the meeting was adjourned at 9:05 P.M. ~ ~ Bakersfield, Calif. ~--~-M~YOR'~the~City of ATTEST: CITY a o Clerk of the Council of the City of Bakersfield, California ma 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 of 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 from 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