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HomeMy WebLinkAboutAPR - JUNE 1980 179 Bakersfield, California, April 2, 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., April 2, 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. None Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Absent: Minutes of the regular meeting of March 26, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Linda Wyatt, 708 South Chester Avenue, representing the California Association of the Physically Handicapped and Center for Independent Living, Inc., thanked the Council for the housing modification grant for disabled persons and outlined some of the activities they have planned for the future to enable handicapped persons to become more independent. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from California Water Service Company, dated March 25, 1980, re- garding ordinance relating to construction of wells in the City of Bakersfield, was received and referred to staff. Upon a motion by Councilman Means, communication from Mann Theatres, 9200 Sunset Boulevard, Suite 301, Los Angeles, dated March 28, 1980, regarding Tentative Tract No. 4241, Revision A, was received and referred to the Planning Commission. Director of Public Works Hawley stated a letter has been received from Bakersfield Special Olympics, dated March 2?, 1980, requesting use of Jastro Park Swimming Pool for training purposes on Wednesday evenings from April 9, 1980 through June 18, 1980. That pool is presently being used by the Kern County High School District. The High School District and City Recreation Division 180 Bakers£ield, California, April 2, 1980 - Page 2 have indicated they would not be using the pool at the lime requested by the Special Olympics. It is suggested that the Council enter into an agreement similar to the one with the High School District. Presently the High School is paying all maintenance costs and it is assumed they expect the Special Olympics to share some of that cost. In addition the agreement should specify some type of insurance coverage for the City in a hold harmless clause. Upon a motion by Councilman Barton, Agreement with Bakersfield Special Olympics for use of Jastro Park Swimming Pool for training purposes on Wednesday evenings from April 9, 1980 through June 18, 1980, including maintenance costs and insurance coverage clauses, was approved. COUNCIL STATEMENTS Councilman Barton stated he furnished each Councilman with copies of AB 1986 and AB 2046 prohibiting the sale of drug paraphernalia to minors. There was also a report from the League of California Cities outlining SB 1660, which is almost identical to the two Assembly Bills, and will be heard by the Senate Judiciary Committee on Tuesday, April 8, 1980. Upon a motion by Councilman Barton, the Mayor was requested to prepare the necessary communications to the Senate Judiciary Committee and Senator Walter Stiern, expressing the Council's support of SB 1660. Director of Public Works Hawley stated several years ago a Technical Advisory Committee (TAC) was formed to recommend high priority transportation projects to the Kern County Council of Governments. This committee is made up of technical people from various agencies in the County. In prior years TAC recommended a list of high priority projects to Kern COG to be submitted to the California Transportation Commission for their consideration in the State Transportation Plan. In the last few years this re- sulted in few significant projects along the State highways in 181 Bakersfield, California, April 2, 1980 - Page 3 Kern County. projects were This year TAC thought chances would be better if two selected for presentation in a local united effort toward influencing the State Commission to include them in the State program. The two projects selected by TAC are: Right-of-way acquisition of State Route 178 from 99 to "M" Street - New Freeway Construction. 2. Expansion of Planz Road overcrossing on 99 from two to four lanes. TAC is requesting support of these two projects. Upon of the Council Adoption of Resolution No. 25-80 of the Council of the City of Bakers- field establishing transportation priority for submission to the California Transportation Commission. a motion by Councilman Ratty, Resolution No. 25-80 of the City of Bakersfield establishing transportation Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Abstaining: Councilman Miller Upon a motion by Councilman Miller, the City Attorney was requested to draft a resolution for next week's meeting directed to the Kern County Board of Supervisors and Kern County Council of Governments recommending that the on and o~f ramps at Freeway 99 and Stockdale Highway be the No. I priority project for next year. REPORTS Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 2-80 regarding Two Year Dog Licensing Period, as follows: The Intergovernmental Relations Committee recently discussed the S.P.C.A. Board of Directors request for a two year dog licensing period rather than one. (Attached to this report is a copy of their request) was adopted by the following roll call vote: priority for submission to the California Transportation Commission, Bakersfield, California, April 2, 1980 - Page 4 As outlined in their letter, the S.P.C.A. board has discussed this matter with the local veterinarians and it is a consensus of opinion that a one year license term is impractical. The County recently changed to a two year period and since rabies shots are required every two years it appears it would be more practical to have the Cities dog licenses come due at the same time. The Intergovernmental Relations Committee is in complete agreement with this request and we are therefore recommending Council approval of the attached ordinance change which will institute a two year duration for dog licensing. This report will be considered as a first reading for this ordinance change. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 2-80 regarding Two Year Dog Licensing Period, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 9.08.050 (a) and (b) of Chapter 9.08 of the Municipal Code changing the Dog Licensing period from Annual to Bi-Annual. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 9.08.050 (a) and (b) of Chapter 9.08 of the Municipal Code changing the Dog Licensing period from Annual to Bi-Annual. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 3-80 regarding Charter City Financing - Mercy Hospital, as follows: The City of Bakersfield has been approached by representatives of Mercy Hospital of Bakers- field to assist them in refinancing their outstanding indebtedness through participation in a relatively new financing technique being utilized by non-profit hospitals called "Charter City Financing." This method allows charter cities to utilize their charter powers to assist non-profit organizations in the placement of tax exempt offerings. This results in a lower cost of borrowing, and thus a means of keeping health care costs down. This tax exempt issuance would carry the name of the City of Bakersfield, however, neither the full faith and credit of the City, nor its taxing power would secure payments. The bond payments would be from revenues of the hospital. Bakersfield, California, April 2, 1980 - Page 183 This Committee fe~sassistance to the hospital would be beneficial to residents of the City. However, we feel it is very necessary the City establish certain requirements to make the issue as strong as possible to protect the City's name. The Committee would, therefore, recommend the following: (i) The hospital be required to obtain at least an "A" credit rating from either Moody's or Standard and Poor's rating agencies. This would involve submitting the equivalent of a bond prospectus con- taining required financial statements and provide an independent third party analysis of financial capability. (2) The hospital be required to establish an agreed upon reserve fund for the length of the issue which would provide pro- tection in maintaining future debt service. (3) The hospital be required to maintain agreed upon financial ratios, and in the event they fall below these ratios, the lending institution would be eligible to receive a mortgage against certain or all properties. In addition, the Committee feels the hospital should agree not to market its offering at a time which might conflict with the sale of the Redevelopment Agency's bonds, and the City should be reimbursed for all costs incurred in connection with this matter. The City will be required to approve a resolution and an ordinance prior to the hos- pital being able to sell bonds. However, the position of revenue bonds or this type of financing is still unclear in relation to Proposition 4. The Committee would recommend, at this time, the Council support Mercy Hospital's request to utilize this method of financing, but take no further action until the Proposition 4 implementing legislation is adopted by the State. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 3-80 regarding Charter City Financing- Mercy Hospital, was accepted; and recommendations as outlined in the report, were approved. Director of Public Works Hawley read a memorandum regarding Synchronization of Traffic Signals, dated March 31, 1980, as follows: memorandum from Traffic Engineer Jerry Hahs is attached in response to the Council's Bakersfield, California, April 2, 1980 - Page 6 request on March 19, 1980 for a report on the possibility of synchronization of traffic signals along some of the City's major streets. Presently, we have three synchronization or interconnect types of signals in operation: (1) The pre-timed grid system in the Central Business District; (2) The critical inter- section interconnect system at Truxtun and Chester; and (3) The pre-timed arterial interconnect system along 23rd and 24th Street. In addition, we propose an arterial inter- connect along California Avenue between Oak and Stockdale. Our specific objectives for this year included the study of "H" Street, Chester Avenue and Oak Street. We expect to complete the field data and equipment information by June 30th of this year. We are also gathering information for a possible grant from FHWA for a Metro- politan Area Master Computer System to control the 150 signalized intersections in this area. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5111 to 5269, inclusive, in the amount of $256,991.63. (b) Request for 30 days Leave of Absence for Kathy Breeding, Clerk Typist in the Police Department, for Maternity Leave effective April 3, 1980. (c) Grant Deed from York Valley Development for sump for Tract No. 3950, located north of White Lane and west of Wible Road. Upon a motion by Councilman Miller, Items (a), (b) and (c) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Strong, Barton, Christensen, Means Noes: None Absent: Councilman Ratty ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Traconex for Conflict Monitors for Traffic Signal Controlling (10 each), was accepted and the other bid rejected. Bakersfield, California, April 2, 1980 - Page 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 Logging Recorder Heads for Dictaphone Units with Dictaphone's local representative Valley Dictation Center. Upon a motion by Councilman Miller, low bid of McCurry Company for Camera and Sound Equipment for Police Training Program:. was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Audio Graphic Systems, Inc., for Study Carrels for Police Training Program, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2554 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 southwest corner of Pacheco Road and Union Avenue. The application for this amendment was made by William S. Hill and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-3 (Limited Multiple Family Dwelling) and C-2 (Commercial) Zones. The Planning Commission approved the R-3 and C-2 zonings with the application of the "D" Design Overlay, approved the Negative Declaration and found the zonings consistent with the Bakersfield Metropolitan Area General Plan. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2554 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 southwest corner of Pacheco Road and Union Avenue, finding said zonings consistent with the General Plan, were adopted 186 Bakersfield, California, April 2, 1980 - Page 8 by the following roll call vote Ayes: Noes: Absent: Councilmen Miller, Payne, Means Strong, Barton, Christensen, None Councilman Ratty NEW BUSINESS Approval of Agreement between the City of Bakersfield and County of Kern regarding the Joint Fire Training Tower and Facilities con- structed at Olive Street. Upon a motion by Councilman Barton, Agreement between the City of Bakersfield and County of Kern regarding the Joint Fire Training Tower and Facilities constructed at Olive Drive, was approved and the Mayor was authorized to execute same. Approval of Renewal of Lease Agreement with Warner Cable of Kern County, Inc., to use City property at the Municipal Farm for an antenna site. Upon a motion by Councilman Payne, Renewal of Lease Agreement for an additional 5 year period with Warner Cable of Kern County, Inc., for use of City property at the Municipal Farm for an antenna site at a rental rate of $500.00 per year, was approved and the Mayor was authorized to execute same. Approval of Memorandum of Understanding between the City of Bakersfield and the Kern County Council of Governments for development of Model Comprehensive Energy Element for the City of Bakers- field and Kern County Region. On January 17, 1980 the City Council approved the sub- mittal of a proposal to Kern COG for the study of a Comprehensive Energy Element, conservation of energy resources and the develop- ment of alternative energy systems. That proposal was subsequently approved by Kern COG making available a $30,000 grant for the studies and activities delineated within the proposal. Upon a motion by Councilman Christensen, Memorandum of Understanding between the City of Bakersfield and the Kern County Bakersfield, California, April 2, 1980 - Page 9 187 Council of Governments for development of Model Comprehensive Energy Element for the City of Bakersfield and Kern County Region, was approved and the Mayor and staff were designated to sign and process same. Authorization granted for Community Development staff to submit the 1980- 81 Draft Community Development Block Grant Application, with the amendment that the amount set aside for the Senior Citizens Project be increased from $200,000 to $300,000, to the State for A-95 Review. As part of the Community Development Block Grant pro- cedure, a Draft Application must be submitted to the State for A-95 Review. During this 45-day review period changes can still be made. The Final Application will be submitted for Council action on May 7, 1980. After discussion, upon a motion by Councilman Strong, authorization was granted to the Community Development staff to submit the 1980-81 Draft Community Development Block Grant Application, with the amendment that the amount set aside for the Senior Citizens Project be increased from $200,000 to $300,000, to the State for A-95 Review. HEARINGS This is the time set for continued hearing on an Appeal by E. A. Bender to the decision of the Planning Commission granting the application of Michael Callagy to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-S (Residential- Suburban) Zone, affecting those certain properties in the City of Bakersfield located northwest of the Watts Drive and Madison Street Intersection. The hearing was duly advertised and property owners notified as required by law. The public portion of this hearing was closed at the Council Meeting of March 12, 1980 and continued so that it could be considered at the same time as the Appeal by E. A. Bender regarding Tentative Subdivision Tract No. 4312, Revised, located north of Watts Drive, west of Madison Street. Bakersfield, California, April 2, 1980 - Page 10 The Planning Commission approved the R-S zoning, approved the Negative Declaration and found the zoning consistent with the Land Use Element of the Bakersfield Metropolitan Area General Plan. Councilman Payne stated that due to a future potential real or imaginary conflict of interest he would not participate in the following matters. Councilman Strong stated he has been accused by a number of people of having a conflict of interest in this matter. At the last meeting he suggested to a couple of Councilmen that it might be expeditious and in the interest of time if these two hearings were combined. Councilman Strong further stated he has not made any attempt to contact any member of this Council since that meeting. Two members did ask to talk to him. Councilman Strong stated he would again like to state that due to a conflict of interest he would not participate in the following hearings. Mayor Hart declared the hearing open for public partici- pation. Mr. Richard Foster, representing the Chamber of Commerce's Government Review Committee, stated the Chamber of Commerce supports the existence of the Bakersfield Airpark and supports the Council's efforts to formalize the planning, growth and perpetuity of that facility. The Chamber has taken a very strong position in this matter and would like the City Council to work out the land use conflict to the best interest of both the housing developers and the Airpark, so that the Airpark's development would not be jeopardized. Mr. William Kuhs, Attorney representing the appellant Bakersfield Airpark, Inc., presented a written statement regarding the zone change from R-1 to R-S and approval of Tentative Tract No. 4312 - Memorandum of Law of Bakersfield Airpark, Inc. Mr. Kuhs then outlined some of the facts contained in the written Bakersfield, California, April 2, 1980 - Page 189 statement and suggested that a more indepth study be conducted to determine the noise impact of the airport and how the undeveloped land around the airport should be developed so as to avoid to the fullest extent possible adverse impacts on all land users within the area. Mr. Robin Davidson, appointed Safety Counselor for the FAA and General Aviation Examiner, stated the Council should con- sider what the problems might be in the future with changes that could take place and also suggested that rather than housing, more compatible uses for this property be investigated. Mr. Bruce Jacobson, Jacobson Brothers Truck Parts at 2120 South Union Avenue, stated their main concern is that Bakers- field Airpark continue to operate in a viable manner and that nothing be done that would limit its growth. Mr. Jacobson requested that the Council deny the request for the zone change and subdivision. This property should not be used for residential purposes, but would be compatible with light industrial or heavy commercial. Mr. Bill Lewis, representing Aircra£t Services located on Bakersfield Airpark, stated airports, for some reason, have been gradually encroached upon by housing all over the country. Then the airport gets criticized for it. Mr. Lewis stated he has a business that was actually closed down because of a situation similar to this one in another city. It is felt that if any portion of this property is developed, at this point in time, they may not exceed the noise level in houses, however, it boxes them in for future advancement. Mr. Rob Walt, commercial businessman with a plane based at Bakersfield Airpark, requested that the Council give this matter serious consideration because the economics of Kern County depends a lot small city. on small aircraft. With the 55 mph and price of gasoline aircraft is still the most economical way to go from city to 190 Bakersfield, California, April 2, 1980 - Page 12 Mr. Jack Garriott, owner of a Crop Dusting business at Bakersfield Airpark, stated if this development is allowed every- one will have problems and eventually he will be forced to move his business. Mr. Michael Callagy, Cornerstone Engineering and repre- senting Chandler Construction the developer of the project, with the aid of maps, reviewed the proposed subdivision project and sound contours that could be expected if the airpark runway was expanded. Mr. Callagy stated the proposed project is in confor- mance with the Land Use Element of the Bakersfield General Plan and is a lawful and planned use. The only residential developments impinged by any sound level noise disturbance are those to the south and they are currently effected. If the airpark does not change its configuration the subdivision is not infringing, nor is the airpark infringing on the subdivision. In order to show the developer's intent and comprehension of the problem they will voluntarily withdraw the entire third unit, which might conflict with the airpark if it ever expands. This would remove any possible future conflict with the airpark. Reverend Ishmael Kimbrough, Jr., Pastor of the People's Missionary Baptist Church, 1451 Madison Street, stated he was present to speak in favor of the zone change and proposed sub- division. This church and community are not in opposition to the airpark, nor to the proposed expansion thereof. They are in favor of progress in every facet of their community. As a result of the Planning Commission's decision to approve the zone change and sub- division, their community will have an opportunity to share equally with other areas of the community relative to improvements. To reject and/or alter this decision would have a negative impact on their community. Reverend Kimbrough requested that the record show that the church and immediate community fully support the Planning Commission's decision and vehemently oppose the reversal and/or alteration of that decision. Bakersfield, California, April 2, 1980 - Page 13 19 [ Mr. Georgia Hysaw, member of the People's Missionary Baptist Church and native of Bakersfield, stated their area has never been improved and requested that the Council approve the requested zone change and subdivision so housing could be con- structed to provide better places to live. Mr. Callagy, on behalf of his client, requested that the Council make a decision tonight regarding their request for a zone change and subdivision rather than send it back to the Planning Commission for further land use studies. 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. Mr. Bill Thiessen, Kern County Health Department, stated according to the studies he conducted that a large part, if not all the property, is not, at the present time, in conformance with the planned guidelines with respect to noise impacts. Mr. Thiessen then explained the confusion between the Dixon Speas report and the noise study he conducted and also answered questions of the Council. During a lengthy discussion, Councilman Barton made a motion that pursuant to Government Code Section 65356.1 that a change in the Land Use Element of the General Plan be submitted to the Planning Commission to conduct regarding lands with 2,000 feet of and report back to the Council the the necessary public hearings the Bakersfield Airpark property change to the Land Use Element to reflect industrial and/or commercial designations and report to be completed by the Planning Commission not later than 90 days from this date. This motion carried by the following roll call vote: Ayes: Noes: Councilmen Miller, Ratty, Barton, Christensen, Means None Absent: Councilmen Payne, Strong 192 Bakersfield, California, April 2, 1980 - Page 14 Councilman Christensen requested that the record show that he has no desire to wipe out airports or personal property, therefore, would vote for the study. Upon a motion by Councilman Barton, Zoning Resolution No. 273 Denying Application of Michael Callagy to amend Title Seventeen o£ the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located northwest of the Watts Drive and Madison Street Inter- section, was adopted by the following roll call vote: Ayes: Councilmen Miller, Ratty, Barton, ~eans Noes: Councilman Christensen Absent: Councilmen Payne, Strong This is the time set for public hearing before the Council on an Appeal by E. A. Bender to the decision of the Planning Com- mission granting the application of Cornerstone Engineering to obtain approval of Tentative Subdivision Tract No. 4312, Revised, affecting those certain properties in the City of Bakersfield located north of Watts Drive and west of Madison Street. This hearing has been duly advertised and the property owners have been notified as required by law. Tentative Tract was revised to exclude the southwesterly portion of subject property from the proposed subdivision. Based on a Noise Investigation Study by the Kern County Health Department, the Planning Commission amended the Negative Declaration to require an acoustical analysis prepared by an Acoustical Engineer to mitigate possible noise levels generated by the Bakersfield Airpark. Mitigation measures to reduce interior noise levels of residential dwellings not to exceed 45 NCDL. Mayor Hart declared a brief recess at 11:20 P.M. and the meeting reconvened at 11:25 P.M. Mayor Hart declared the hearing open for public partici- pation. Bakersfield, California, April 2, 1980 - Page 15 193 Mr. William Kuhs, Attorney representing the appellant Bakersfield Airpark, Inc., requested that all of the statements made during the preceding hearing regarding the zone change be considered as part of this hearing on the subdivision. Mr. Michael Callagy, Cornerstone Engineering and repre- senting Chandler Construction developer of the project, also requested that all of the statements made during the preceding hearing be considered as part of this hearing on the subdivision. Mr. Callagy also stated he would call to the Council's attention that the proposed project is a lawful use of the land and in conformance with all codes and General Plan. 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 Miller, all statements made during the preceding public hearing regarding the zone change are to be considered as part of this hearing on the subdivision. Upon a motion by Councilman Ratty, Subdivision Resolution No. 1 upholding appeal by E. A. Bender and Denying approval of Tentative Subdivision Tract No. 4312, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Miller, None Councilmen Payne, Ratty, Barton, Means Strong, Christensen ADJOURNMENT further business to come before There being no the Council, upon a motion by Councilman Miller, t~ meeting was adjourned at 11:35 P.M. MAYO ~~the~ i~~of/Bakersfield, Calif. ATTEST: CITY C~K and Ex~erk of the Council of thb City of Bakek~'sfield, California ma 1_94 Bakersfield, California, April 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., April 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 Payne, Ratty, Strong, Barton, Christensen, Means, Miller Absent: None Minutes of the regular meeting of April 2, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Jim Stockton, representing Kern Farmers' Market Association, and Mr. Reyes Zargoza, representing KCEOC, requested use of Weill Park as a site for Bakersfield's Certified Farmers' Market. Upon a motion by Councilman Means, request to use Weill Park as a site for Bakersfield's Certified Farmers' Market, was referred to the Auditorium-Recreation Committee for study and recommendation back to the Council at the meeting of April 23, 1980. Mr. Jess Nieto, 1200 Clubview Drive, and Mr. Jack Brigham, City school teacher, extended an invitation to the Mayor and Council to attend Los Folkloristas Concert to be held May 2, 1980, at 8:00 P.M., in Harvey Auditorium. COUNCIL STATEMENTS Councilman Barton announced that he will be holding a Town Hall Meeting, primarily with citizens of the 7th Ward to dis- cuss critical issues ahead and receive their input, on Tuesday, April 15, 1980, at 7:00 P.M., in the Wilson Road Veterans Hall. Councilman Barton stated SB 1827 on Pornography went to the Senate Judiciary Committee, which has seven members, however, at that particular meeting only five were present and the bill did 195 Bakers£ield, California, April 9, 1980 - Page 2 not receive the majority of votes needed to get out of committee. Councilman Barton stated that unless there are objections from the Council he plans to go to Sacramento Monday to meet with as many members of that committee as possible to see if SB 1827 can be resurrected and get it out of committee in the near £uture to go to the Senate floor for consideration. Councilman Strong questioned the staff about the answers received from Eugene Jacobs, Special Counsel to the Redevelopment Agency, regarding Councilman Christensen's inquiries about the Downtown Redevelopment Project. Councilman Strong suggested, in light o~ the present unpredictable economic situation, that a meeting be called between the Council and Redevelopment Agency to review and re-evaluate the Joint Development Agreement, especially where it deals with the schedule o£ performance. City Manager Bergen suggested that a meeting be scheduled. in June or July when a more complete assessment of the project might be possible. Councilman Christensen questioned the staff about the proposed hotel project located in the redevelopment area. City Manager Bergen stated the Redevelopment Agency, at their meeting of March 26, 1980, approved a 120 day Exclusive Right to Negotiate Agreement with Arlington Hotel Development Corporation for a first class hotel adjacent to the Civic Auditorium. Councilman Miller questioned the staf£ about repayment of bonds for the Downtown Redevelopment Project. REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 2-80 regarding Recreation Budget for 1980-81, as follows: The City Council's Auditorium-Recreation Com- mittee met to review the proposed Recreation Budget £or the 1980-81 fiscal year. The budget is submitted annually prior to the regular budget hearings in order that recruitment of personnel for the summer programs can begin immediately. 196 Bakersfield, California, April 9, 1980 - Page 3 The Recreation Budget is divided into four sub- programs i.e., major activity areas, which are Aquatics, Sports, Parks and Playgrounds, and the California Avenue Neighborhood Facility. The proposed budget totals $553,690 which reflects a decrease of $21,120 below the approved budget for 1979-80. The following is a summary of the major changes in the proposed budget of each sub-program compared to the prior year. AQUATICS The proposed Aquatics Budget which totals $109,650 is down $3,075. There are no proposed changes in this program. Due to the continuing decline of attendance at Wayside Park pool, activity this coming summer will be closely scrutinized to determine whether it is justi- fied to continue providing an aquatics program there. The decline in the budget primarily results from budgeting $4,200 last year to purchase new coin slots and tokens for the swimming pool turnstiles. This year there is no request for capital outlay purchases. SPORTS The proposed Sports Budget which totals $125,115 is up $4,365. There are no proposed changes in the program. The increase in this budget results from (1) additional hours needed for the basketball supervisor to effectively administer this program (2) addi- tional gym rental costs being imposed by the schools and (3) additional hours for score- keepers for elementary and junior high basket- ball which were previously volunteer services. In light of Council policy of recovering the full cost of adult programs, it will be necessary to increase the adult softball team entry fee from $300 to $330. PARKS AND PLAYGROUNDS The proposed Parks and Playgrounds Budget which totals $111,865 is up $1,735. This increase results from starting a program at Quailwood Park and replacement of table tennis tops which can no longer be repaired. CALIFORNIA AVENUE PARK NEIGHBORHOOD FACILITY The California Avenue Park Neighborhood Facility Budget which totals $207,060 is down $24,145. There are no proposed program changes. The budget decrease results from transferring the utility costs (electricity and gas) of the swimming pool in the park to the City's Parks Department Budget as the pool is operated by the Parks Department and not the California Avenue Park Neighborhood Facility. Bakersfield, California, April 9, 1980 - Page 4 There have been requests to reinstitute the boys and girls summer basketball and physical conditioning programs and provide for an in- crease in the number of summer concerts in Beale Park. However, the Committee feels these additional programs should be held in abeyance until budget hearings in June when the total budget picture will be clearer. In conclusion, this Committee concurs with the above and recommends adoption of the proposed Recreation Budget for the 1980-81 fiscal year. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 2-80 regarding Recreation Budget for 1980-81, was accepted; and proposed Recreation Budget for Fiscal Year 1980-81, was approved. HEARINGS Mr. Ed Noriega, Attorney representing Mr. Troy Childers, DBA Troy's Towing Service, requested that the Appeal hearing regarding revocation of his permit for towing o£ vehicles for the City Police Department be continued until May 14, 1980. Upon a motion by Councilman Miller, hearing before the Council on an Appeal by Troy Childers regarding the revocation of his permit for towing of vehicles for the City Police Department, was continued until May 14, 1980. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5270 to 5397, inclusive, in the amount of $449,937.95. (b) Claim for Damages from Zada Bearden, 2113 Buena Vista #A, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Gulf Oil Explora- tion and Production Company, Bakersfield. (Refer to City Attorney) (d) Grant Deed from Hartozco Development pro- viding for dedication of sump for Tract No. 4139, located north of Fairview Road and west of South "H" Street. (e) Grant Deed from PASOMAR Co. and ALMA Investment Co. for acquisition of a five acre drainfield site, located in the vicinity of Bernard Street and Mt. Vernon Avenue. Bakersfield, California, April 9, 1980 - Page 5 (f) Map of Tract No. 4161, Unit "A", and Improvement Agreement with Kuve Associ- ates, for improvements therein, located north of 36th Street and east of "O" Street. (g) Map of Tract No. 4290 with Belle Terrace Apartments, located west of McDonald Way. (h) Notices of Completion and Acceptance of Work for: Parcel Map No. 3705, Contract No. 77-111 with John and Josephine Lencioni, located at District Boulevard and Stine Road. Tract No. 4079, Contract No. 78-95 with The Mobil Home Corporation, located at Eastridge Court and Fairfax Road. (i) Notices of Completion and Acceptance of Work for: Construction of Curb and Gutter at various locations, Contract No. 80-19 with Jim Alfter. Construction of Twenty-One (21) inch Sewer in District Boulevard at Ashe Road, Contract No. 80-30 with G.C.A. Construction. (J) Contract Change Order No. i to Contract No. 80-30 with George Cundiff Associates for construction of a Twenty-One (21) inch Sewer in District Boulevard at Ashe Road. This Change Order is necessary to abandon two manholes on existing line and salvage existing manhole shafts, cones and two frames and covers for use on this project. This change will increase the contract amount from $72,340 to $73,340. Sufficient funds are available for this Change Order. (k) Resolution of Intention No. 946 of the Council of the City of Bakersfield, declaring its intention to order the vacation of Royal Scots Way from Panorama Drive south to Charger Avenue, in the City of Bakersfield, and setting Wednesday, April 30, 1980 for hearing on the matter before the Council. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Bakers£ield, California, April 9, 1980 - Page 6 199 ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Jim Burke Ford for 17 Police Special Vehicles, was accepted, all other bids rejected and the Finance Operations Manager was authorized to re- advertise for bids for one Police Special Vehicle for the Chief of Police. Finance Operations Manager Higginbotham stated the Police Chief's vehicle was reconsidered today and they probably will not readvertise for this item. DEFERRED BUSINESS Adoption of Ordinance No. 2555 New Series of the Council of the City of Bakersfield amending Section 9.08.050 (a) and (b) of Chapter 9.08 of the Municipal Code changing the Dog Licensing period from Annual to Bi- Annual. Upon a motion by Councilman Ratty, Ordinance No. 2555 New Series of the Council of the City of Bakersfield amending Section 9.08.050 (a) and (b) of Chapter 9.08 of the Municipal Code changing the Dog Licensing period from Annual to Bi-Annual, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None NEW BUSINESS Adoption of Resolution No. 26-80 of the Council of the City of Bakers- field establishing transportation priority for Fiscal Year 1981-82 for submission to the California Transportation Commission. Upon a motion by Councilman Means, Resolution No. 26-80 of the Council of the City of Bakersfield establishing transportation priority for Fiscal Year 1981-82 for submission to the California Transportation Commission, was adopted by the following roll call 2,00 Bakersfield, California, April 9, 1980 - Page 7 vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes: None Absent: None Adoption of Resolution No. 27-80 of the Council of the City of Bakers- field authorizing the filing of an Application with the Kern County Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1980-81. Each year the City is required to file a claim with Kern COG for Transportation Development Act Funds. This resolution authorizes the Public Works Director to file a claim for an allo- cation from the Kern County Council of Governments. Projects to be included in the application are shown in the draft 1980-81 Capital Improvement Program. The claim can be modified if changes are made during the budget hearings. Upon a motion by Councilman Means, Resolution No. 27-80 of the Council of the City of Bakersfield authorizing the filing of an Application with the Kern County Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1980-81, was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Noes None Absent: None Approval of Lease Agreement between the City and Warner Amex Cable Communications, Inc., providing an easement for construction of an antenna on a 20' x 20' parcel at the extreme southwest corner of Grissom Park parking lot and adjacent to White Lane. This particular location became necessary after several other possible sites had to be rejected due to obstructions in relaying of signals. The parcel is not used for park purposes nor will the antenna location interfere with the use of the park. As a condition of the lease, the lessee will be required to maintain Bakersfield, California, April 9, 1980 - Page 8 the site. The lease is for a ten year period at a rental rate of $300.00 per year. Upon a motion by Councilman Ratty, Lease Agreement between the City and Warner Amex Cable Communications, Inc., pro- viding an easement for construction of an antenna on a 20' x 20' parcel at the extreme southwest corner of Grissom Park parking lot and adjacent to White Lane, was approved and the ~ayor was authorized to execute same. Approval of License Agreement to en- croach on Arvin-Edison Water Storage District right-of-way at two locations along the Truxtun Avenue Extension Project. This agreement provides the terms and conditions for the construction and maintenance of the Truxtun Avenue and Gosford Road bridge structures over the Arvin-Edison Canal. Upon a motion by Councilman Payne, License Agreement to encroach on the Arvin-Edison Water Storage District right-of-way at two locations along the Truxtun Avenue Extension Project, 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 Christensen, the meeting was adjourned at 9:10 P.M. MAYOR ~~(of Bakersfield, Calif. ATTEST: of the City of Bakesfield, California ma 202 Bakersfield, California, April 16, 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., April 16, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Ratty, Strong, Barton, Absent: Christensen, Means, Miller, Payne None Minutes of the regular meeting of April approved as presented. 9, 1980 were CORRESPONDENCE Upon a motion by Councilman Payne, communication from Ron Knox, 1530 Elm Street, Atwater, California, requesting per- mission to rent the dog pound to use as a K-9 Dog Training Facility, was received and referred to staff for study and recommendation. Upon a motion by Councilman Payne, communication from Michael B. Eggerr, McDonald's Community Relations Representative, 4600 Ming Avenue, dated April 10, 1980, extending an invitation to the Mayor and Council to attend McDonald's McHappy Day promoting the Special Olympics on April 27, 1980, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from Michael R. Murphy, representing the Yellow Cab Drivers of Bakers- field, dated April 10, 1980, requesting a rate increase, was received and referred to staff for study and recommentation. COUNCIL STATEMENTS Upon a motion by Councilman Payne, Mr. Kenneth Gamez, 1319 Aquarius Court, was appointed to fill the vacancy, created by the resignation of William M. McKenney, on the Fire Department Civil Service Board, term expiring December 31, 1985. Councilman Ratty announced that he appointed Mr. John C. Fallgatter, 7900 Reina Court, to the Charter Review and Advisory Commission, replacing Mr. Harvey Hall. Bakersfield, California, April 16, 1980 - Page 2 203 Attorney, the Business Tax Appeals Board, term expiring July 1, 1981. Mayor Hart stated that a report will be made next on the Annual City-Wide Spring Cleanup Program conducted by Public Works Department. Upon a motion by Councilman Ratty, Mr. Clarence Westra, 4200 Boise Street, #12 A, was appointed as a member of week the Mayor Hart announced that effective April 17, 1980, he will appoint Mr. Gene Winer, 3626 E1 Encanto Court, to the Bakers- field Redevelopment Agency, term expiring February 1, 1984. This vacancy was created by the resignation of Ralph H. Poehner, Jr. REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 4-80 regarding City-Wide Radio Communications System, as follows: In December, this Committee reported to the City Council, for its information, its concern regarding the overall problems with the City's radio communications system, and indicated out- side professional services are needed to help solve the problem and assist with future planning. The report also indicated staff would pursue whether Federal or other funds are available to assist with the financing of a study. Staff has contacted the Law Enforcement Assistance Administration Office in Washington, D.C., the Central California Criminal Justice and Delin- quency Prevention Planning Commission, and the State Office of Emergency Services. None of the sources have funds available. The Committee finds this problem needs to be addressed and, therefore, recommends the City Council authorize the staff to request proposals for these services with the specific objectives as outlined in the attached memorandum. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 4-80 regarding City-Wide Radio Com- munications System, was accepted; and recommendations as outlined in the report, were approved. 204 Bakersfield, California, April 16, 1980 - Page 3 The (b) (c) (d) (e) (f) (g) (n) (i) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 5398 to 5503, inclusive, in the amount of $314,178.04. Claim for Damages and Personal Injuries from Lee Allen Tillman, Judith Ann Tillman and Cassandra Ann Tillman, c/o George A. Boyle, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from State Farm Mutual Automobile Insurance Company on behalf of Warren West, 8000 Debbs Avenue, and Thomas R. and Theresa A. Mawson, 8030 Olive Drive. (Refer to City Attorney) Street Dedication from Barbara B. Mitchell and Bank of America National Trust and Savings Association providing additional dedication along State Route VI-KER-57-E, as required by the Planning Commission for Parcel Map No. 5771. Map of Tract No. 4161, Unit "B", with Kuve Associates, located north of 36th Street and east of "0" Street. Map of Tract No. 4236 with Easton Drive Business Complex, located north of Cali- fornia Avenue and east of Chester Lane. Notices of Completion and Acceptance of Work for: Construction of Asphalt Concrete Pavement at various locations, Contract No. 80-11 with James G. Francis. Construction of Elm Street Storm Drain, north of Joshua Court, Contract No. 80-32 with J. L. Denio Co. Notice of Completion and Acceptance of Work on construction of an 18" diameter drain line for Pumping Plant No. 9 of the Ashe Water Division, Contract No. 80-20 with Micon, Inc. Application for Encroachment Permit from Don Judkins, 1504 Westbourne Way, for construction of roof overhangs extending 44 inches into the public right-of-way at the southwest corner of California Avenue and "L" Street. Bakersfield, California, April 16, 1980 - Page 4 2O5 (J) Contract Change Order No. 2 to Contract No. 79-189 with Granite Construction Co. for construction of curbs and gutters in the Lowell Addition Area. This Change Order is necessary to provide additional import material to fill low areas between the sidewalk and curb. The low areas were created when the curb and gutter grade was raised to match existing drive- ways. Funds in the amount of $1,881 are available from Community Development and will increase the contract amount to $111,151. (k) Program Supplement No. 9 (Revised) to Local Agency-State Master Agreement No. 06-5109 covering FAU Project M-F 252(1), Truxtun Avenue Extension. This agreement replaces Agreement No. 80-3 which was approved by the City Council on January 9, 1980, and indicates State and Federal matching funds based on the bid prices for the project. (i) Request from Dean A. Gay for annexation of property generally located between Coffee Road and Allen Road, northerly of City Limits at the Kern River, northerly to Rosedale Highway. (Refer to Planning Commission for study and recommendation) (m) Petition from James F. Rennels, containing 75 signatures, requesting annexation of property located southerly of Sundale Avenue between Yorba Linda Street and Pebble Beach Drive. (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) and (m) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, bid of Graybar Electric Company for Poles and Lights for Basketball Court Lighting, was accepted. Upon a motion by Councilman Strong, low bid of Valley Tree and Construction for demolition and removal of structures at various locations, was accepted and the other bid rejected. ',06 Bakersfield, California, April 16, 1980 - Page 5 Upon a motion by Councilman Payne, low bid of Jim Burke Ford for a Half Ton Pickup Truck, was accepted, the other bid rejected and Budget Transfer, in the amount of $6,040.18, from Account No. 81-484-6100 to Account No. 81-484-7200, was approved. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 7.12 of the Munici- pal Code by amending Sections 7.12.040 (7), 7.12.100 and Section 7.12.120 (2) relative to Fees, Definition o£ Bingo, and Proceeds. This Ordinance reflects changes in the State Law relative to Bingo Games and has been suggested by Councilman Barton. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 7.12 of the Municipal Code by amending Sections 7.12.040 (7), 7.12.100, and Section 7.12.120 (2) relative to Fees, Definition of Bingo, and Proceeds. First reading of an Ordinance of the Council of the City o~ Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of 40th Street and "0" Street; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Robert King and would change subject property £rom an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a P.U.D. (Planned Unit Development) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of 40th Street and "O" Street; and making findings in connection with a P.U.D. Zone. 207 Bakersfield, California, April 16, 1980 - Page 6 Approval and Certification of Nega- tive Declaration #1059 - Fairhaven Water Delivery System. The subject Negative Declaration was prepared and dis- tributed for review on February 19, 1980. Pursuant to City and State CEQA Guidelines, all agencies or individuals interested in the subject project were provided with adequate time and materials to make a determination as to the appropriateness and completeness of the various findings. No signi£icant comments or concerns were identified or received by those reviewing the Negative Declaration or its supporting documents. Upon a motion by Councilman Payne, Negative Declaration #1059 - Fairhaven Water Delivery System, was approved and certified. Approval of Agreements with Computer Resource Management Corporation and Western Information Systems, Inc., for installation of computer systems and equipment; and authorization to finance purchase of computer equip- ment through United Cali£ornia Bank. These agreements culminate the Data Processing Study previously authorized by the City Council. The initial systems proposed for installation are an integrated financial management, personnel and equipment maintenance (including parts inventory) system. United California Bank has agreed to finance the purchase at a 7.375% annual interest rate over a 5 year period. Sufficient funds are budgeted for the above. After discussion, upon a motion by Councilman Ratty, Agreements with Computer Resource Management Corporation and Western Information Systems, Inc., for installation of computer systems and equipment, was approved, the Mayor was authorized to execute same and authorization was granted to finance equipment purchase through United California Bank. Approval of Agreement with California Water Service Company to provide water service for the irrigation system at University Park. Upon a motion by Councilman Miller, Agreement with California Water Service Company to provide water service for the 2O8 Bakersfield, California, April 16, 1980 - Page 7 irrigation system at University Park, was authorized to execute same. Council cations, was approved and the Mayor HEARINGS This is the time set for public hearing before the on an Appeal by William Swanson for Warner Amex Communi- Inc., to the decision of the Board of Zoning Adjustment denying their application for a Conditional Use Permit to allow construction of a 30-foot high antenna tower with a 6-foot diameter microwave receiver dish mounted at the 27-foot level in an R-1 (One Family Dwelling) Zone, affecting that certain property in the City of Bakersfield commonly known as 7000 Stockdale Highway. This hearing has been duly advertised and the property owners have been notified as required by law. Mayor Hart declared the hearing open for public partici- pation. Mayor Hart stated that due to a real or imaginary con- flict of interest he would not participate in the following matter and yielded the chair to Vice-Mayor Barton. Mr. William Swanson, representing Warner Cable Amex Communications, Inc., speaking in favor of granting the Conditional Use Permit to allow construction of the antenna tower, outlined what their project consists of, the size of the project and what they expect to accomplish by installing microwave in their Bakers- field system. No protests or objections being received and no one else wishing to speak in favor, Vice-Mayor Barton closed the public portion of the hearing for Council deliberation and action. Councilman Ratty made a motion to adopt a Zoning Resolution granting a Conditional Use Permit to Warner Amex Communications, Inc., to allow construction of a 30-foot high antenna tower with a 6-foot diameter microwave receiver dish mounted at the 27-foot level in an R-1 (One Family Dwelling) Zone, affecting that certain property in the City of Bakersfield commonly known as 7000 Stockdale Highway. Bakersfield, California, April 16, 1980 - Page 8 209 During discussion, Councilman Strong offered a substitute motion that this matter be continued for one week in order to allow Mr. Swanson time to talk to the staff and members of the Board of Zoning Adjustment. Councilman Ratty made a motion to call £or the question and Councilmen Payne, Strong, Christensen, Means and Miller voted The motion to call for the question failed to in the negative. carry. After further discussion, Councilman Strong's substitute motion that this matter be continued for one week in order to allow Mr. Swanson time to talk to the staff and members of the Board of Zoning Adjustment, failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Christensen, Means Councilmen Ratty, Barton, Miller, Payne None Councilman Ratty's motion to adopt Zoning Resolution No. 274 granting Conditional Use Permit to permit the construction of a thirty-foot high antenna tower with a six-foot diameter microwave receiver dish mounted at the twenty-seven foot level on that certain property known as 7000 Stockdale Highway, carried by the following roll call vote: Ayes: Councilmen Ratty, Barton, Miller, Payne Noes: Councilmen Strong, Christensen, Means Absent: None ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was Calif. Council, adjourned at 9:05 P.M. CITY~C~LERK and E~fficio Clerk of the Council of the City of B~ersfield, California ma 2i0 Bakersfield, California, April 23, 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., April 23, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Absent: None Minutes of the regular meeting of April 16, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Mike Eggert, Community Relations Representative for McDonald's in Bakersfield, extended an invitation to the Mayor and Council to attend McDonald's McHappy Day on Sunday, April 27, 1980, to promote the Special Olympics. Mr. Art Grant and Mr. Fred Gilbert, representing the Mayor's Committee to Employ the Mand~capped, requested funding, in the amount of $60.00, to obtain transportation from Hall's Ambulance for handicapped persons living in the outlying areas of Bakersfield so they can attend the Job Fair on May 21, 1980. Mayor Hart suggested that Mr. Grant & Mr. Gilbert contact his office tomorrow regarding this funding request. Shirley Davidson, representing The Links, Incorporated, a non-profit corporation, stated they are planning the Third Annual Housing Conference to be held on May 17, 1980, at the Kern County Fair Grounds. The City is being requested to cosponsor this conference through the Community Development Program, in the amount: of $1,100.00. After discussion, upon a motion by Councilman Means, request of The Links, Incorporated, that the City cosponsor the Third Annual Housing Conference through the Community Development Program, was referred to the Budget Review and Finance Committee for study and recommendation. Bakersfield, California, April 23, 1980 - Page 2 CORRESPONDENCE Upon a motion by Councilman Payne, communication from Richard C. Bailey, Kern County Museum Director, dated April 17, 1980, extending an invitation to the Council to attend the 13th Annual Heritage Days at Pioneer Village, April 26-27, 1980, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Billy J. Rutledge, Owner and Manager of Guardians Security, re- garding leasing the dog pound to house and train his guard dogs, was received and referred to staff for study and recommendation. Upon a motion by Councilman Christensen, communication from City Cab Company, 1001 18th Street, dated April 21, 1980, requesting a rate increase, was received and referred to staff for study and recommendation. COUNCIL STATEMENTS Councilman Barton read the following resolution into the record: WHEREAS, the Bakersfield City Council has set aside Community Development Funds to provide for a Senior Citizen~ Facility; and WHEREAS, the high cost of land and construc- tion will delay the establishment of such a facility for a long period of time; and WHEREAS, the Bakersfield City School District has determined to close and make surplus the Golden State Junior High School; and WHEREAS, Golden State Junior High School Facility is very near the area determined by the Senior Citizen's Facility Site Study. Upon a motion by Councilman Barton, the matter of the Senior Citizen's Facility was referred to the Intergovernmental Relations Committee and they were authorized to: Submit a letter of interest in the Golden State Junior High School Facility, with consideration of other available sites, to the Bakersfield City School District Board of Trustees. 21'2 Bakersfield, California, April 23, 1980 - Page 3 Investigate and recommend a lead or manage- ment agency for the Senior Citizen's Facility, such as, but not limited to, the County of Kern and Kern County Economic Opportunity Corporation. 3. Report back to the Council with its findings within 15 days. Councilman Payne announced that he appointed Mrs. Mary R. Grider, 1400 Sutter Lane, to the Charter Review and Advisory Commission, replacing Mr. Larry Carr. Councilman Ratty invited the Council to attend the arrival of Presidential Candidate Ronald Reagan at Meadow's Field, 4:30 P.M., Friday, April 25, 1980. Mayor Hart announced that he appointed Mr. Gene Winer, 3626 E1 Encanto Court, to the Bakersfield Redevelopment Agency, term expiring February 1, 1984. This vacancy was created by the resignation of Ralph H. Poehner, Jr. REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 3-80 regarding Bakersfield Certification of Farmer's Market, as follows: At the April 2, 1980 City Council meeting, the Kern Farmer's Market Association requested use of Weill Park for a Farmer's Market location. Upon instruction of the City Council, the Auditorium-Recreation Committee and staff met with this group and we have hopefully worked out a mutually agreeable location for this venture. Upon advice of the City Attorney, City parks cannot be used for this type of activity, therefore, a vacant City owned block located between 21st Street on the south, 22nd Street on the north, "M" Street on the west and "N" Street on the east, appears to be a very suitable location. This type of Farmer's Market operation is being offered in cities throughout California. Pre- sent plans call for the local Bakersfield market to be open on Saturdays from May 31 to October 1st between the hours of 7 a.m. and 3 p.m. Locally produced fresh fruits and vegetables will be sold by producers certified by the Agricultural Commissioner's Office. The Kern Farmer's Market Association will pro- vide the necessary insurance policies holding the City clear of any possible damage. Bakersfield, California, April 23, 1980 - Page 4 213 (Attached to this report is additiona~ infor- mation regarding their operating procedures) The Auditorium-Recreation Committee is convinced that this program is of value to the public and we are therefore recommending Council approval of the attached agreement which has been drawn up by the City Attorney and authorize the Mayor's signature. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 3-80 regarding Bakersfield Certifi- cation of Farmer's Market, was accepted; and Agreement with the Kern Farmer's Market Association, was approved and the Mayor was authorized to execute same. Approval of Agricultural Water Enterprise Operating and Capital Outlay Budget £or Fiscal Year 1980- 81. Upon a motion by Councilman Barton, Agricultural Water Enterprise Operating and Capital Outlay Budget for Fiscal Year 1980-81, was approved. Director of Public Works Hawley read a memorandum re- garding City-Wide Special Clean Up Program, dated April 18, 1980, as follows: I concur with Mayor Hart's suggestion that the City have a special clean up program at this time. During our last special clean up, the citizen response, cooperation and participation exceeded our expectation. This program provides an opportunity for citizens of the City to save themselves a trip to the landfill to dispose of items that are not normally collected by refuse collection crews, such as discarded appliances, used furniture, scrap lumber, and building material. Items not eligible for the special collection would be car bodies, brush and large quantities of dirt, rock and concrete. The estimated cost £or the program would be $10,000. Since most of the work would be done by existing employees from the various divisions of the Public Works Department during their regular working hours, a trans£er of funds would probably not be required. I suggest a starting date of May 5, 1980. This would give sufficient time for announce- ments on TV and radio and notices in the newspaper. 214 Bakersfield, California, April 23, 1980 - Page 5 Upon a motion by Councilman Ratty, memorandum from the Public Works Director regarding City-Wide Special Clean Up Program, was accepted; and the Public Works Department was authorized to commence the Clean Up Program on May 5, 1980. Director of Fire & Development Services Needham announced that the next Workshop Session between the Council and Planning Commission will be held Tuesday, May 27, 1980, at 7:00 P.M., in the Venus Room of the Civic Auditorium. Director of Fire & Development Services Needham stated California Water Service Company has a contract with the City to operate and maintain the Ashe Water Division of the City's water system. Recently California Water Service Company raised their rates and inadvertently sent a notice of this rate increase to people on the Ashe Water system. Mr. Needham stated he wanted to make it c~ear that the Ashe Water rates have not been raised. Councilman Barton requested that California Water Service Company place a correction notice in bills sent to the people on the Ashe Water system. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5504 to 5727, inclusive, in the amount of $626,963.87. (b) Plans and Specifications for resurfacing Wilson Road between South "H" Street and South Chester Avenue. (c) Agreement between the City o£ Bakersfield and Kern High School District for the consent to common use of property located along the Truxtun Avenue extension. Upon a motion by Councilman Miller, Items (a), (b) and (c) of the Consent Calendar, were adopted by the following roll call Ayes Noes vote: Councilmen Strong, Barton, Payne, Ratty None Christensen, Means, Miller, Absent: None Bakersfield, California, April 23, 1980 - Page 6 ACTION ON BIDS 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 two used cars for Police Department undercover work. DEFERRED BUSINESS Adoption of Ordinance No. 2556 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 in the City of Bakersfield located on the northeast corner of 40th Street and "O" Street; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Robert King and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a P.U.D. (Planned Unit Development) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2556 New Series of the Council of the City of Bakersfield amending Section 17.~2.020 of Title 17 of the Munici- pal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of 40th Street and "0" Street; and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Adoption of Ordinance No. 2557 New Series of the Council of the City of Bakersfield amending Chapter 7.12 of the Municipal Code by amending Sections 7.12.040 (7), 7.12.100, and Section 7.12.120 (2) relative to Fees, Definition of Bingo, and Proceeds. 2i6 Bakersfield, California, April 23, 1980 - Page 7 Upon a motion by Councilman Barton, Ordinance No. 2557 New Series of the Council of the City of Bakersfield amending Chapter 7.12 of the Municipal Code by amending Sections 7.12.040 (7), 7.12.100, and Section 7.12.120 (2) relative to Fees, De£inition of Bingo, and Proceeds, was adopted by the following roll call vote Ayes: Councilmen Noes: None Absent: None Strong, Barton, Christensen, Means, Miller, Payne, Ratty NEW BUSINESS Approval of Agreement between the City of Bakersfield and Kern County Economic Opportunity Corporation for a Trash Clearance Project, Census Tract 22. Under the Community Development Block Grant (CDBG) Fiscal Year 1979-80, Census Tract 22 has been designated as a Neighborhood Revitalization Target Area. The Trash Clearance Project identified by the residents as an activity supportive of revitalization, is to be funded up to a maximum of $30,000 utilizing 1979-80 CDBG funds. The contracting agency for this project is Kern County Economic Opportunity Corporation, a non-profit organization active in that community. Funds for this project were previously budgeted and approved by the City Council. Upon a motion by Councilman Strong, Agreement between the City of Bakersfield and Kern County Economic Opportunity Corporation for a Trash Clearance Project, Census Tract 22, 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 Christensen, the meeting was adjourned at 8:35 P.M. ~ MAYOg-o~ Y~he'Ci,f~of Bakersfield, Calif. ATTEST~ of the City of BAkersfield, California Council CITY~RI~and~cio Clerk of the ma Bakersfield, California, April 30, 1980 217 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 30, 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. Absent: None Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Minutes of the regular meeting of April 23, approved as presented. CORRESPONDENCE Upon a motion by Councilman Means, 1980 were communication from Bakersfield College, dated April 25, 1980, requesting financial assistance to provide a sile and construct a regulation softball diamond on the campus of Bakersfield College, was received and referred to the Budget Review and Finance Committee for considera- tion during budget deliberations. Upon a motion by Councilman Miller, communication from the Kern Chapter of the American National Red Cross, dated April 29, 1980, commending the Street Department for protecting their building from flooding, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Christensen requested that the Council adopt a resolution opposing AB 2796 that would levy a State Severance Tax on oil and natural gas and exempt them from local Property Taxes. Minerals, mostly oil, account for one half of the tax base of Kern County. Kern County Assessor Herb Roberts has announced that this bill will mean a large drop in Kern County's income. Councilman Christensen also requested that the staf£ contact the Board of Supervisors and ask that they research this matter and take a strong position on it. 218 Bakersfield, California, April 30, 1980 - Page 2 Adoption of Resolution No. 28-80 of the Council of the City of Bakers- field opposing Assembly Bill 2796 relating to levying a State Severance Tax on oil and natural gas. Upon a motion by Councilman Christensen, Resolution No. 28-80 of the Council of the City of Bakersfield opposing Assembly Bill 2796 relating to levying a State Severance Tax on oil and natural gas, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Councilman Barton nominated Thomas C. Fallgatter, 609 Bobwhite Court, to be appointed as a member of the Planning Commission. Councilman Ratty nominated Leonard Schroeder, Architect, 159 "H" Street, to be appointed as a member of the Planning Com- mission. Upon a motion by Councilman Means, nominations to fill the vacancy on the Planning Commission, created by the expiration of Mr. Burr Baldwin's term, were closed. Upon a motion by Councilman Barton, Mr. Thomas C. Fallgatter, 609 Bobwhite Court, was appointed as a member Planning Commission, term expiring April 17, 1984, by the roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Strong Noes: Councilman Ratty Absent: None Adoption of Resolution No. 29-80 of the Council of the City of Bakers- field expressing appreciation to Mr. Burr Baldwin for his many years of service to the City of Bakersfield as a member of the Planning Commission. of the Council of of the following Payne, Upon a motion by Councilman Barton, Resolution No. 29-80 the City of Bakersfield expressing appreciation to Bakersfield, California, April 30, 1980 - Page 3 Mr. Burr Baldwin for his many years of service to the City of Bakersfield as a member of the Planning Commission, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Upon a motion by Councilman Strong, the Budget Review and Finance Committee was requested to investigate the possibility of paying the members of the Planning Commission $25.00 per meeting, not to exceed $100.00 per month. Councilman Barton made a motion that first reading be considered given an Ordinance suspending the Refuse Collection Fees for a one year period beginning June 1, 1980 and ending May 31, 1981. Councilman Means offered a substitute motion that first reading be considered given an Ordinance to eliminate the Refuse Collection Fees. After discussion this motion fai~ed to carry by the following roll call vote: Ayes: Councilman Means Noes: Councilmen Barton, Christensen, Miller, Payne, Ratty, Strong Absent: None First reading was considered given an Ordinance suspending the Refuse Collection Fees for a one year period beginning June l, 1980 and ending May 31, 1981. Upon a motion by Councilman Miller, installation of lights at the intersection of Fairfax Road and Highway 178, was referred to the Planning Commission for consideration during deliberations on the Capital Improvement Budget. Councilman Means announced that a meeting will be held for residents in and around Real Road regarding support for on and off ramps at Highway 99 and Stockdale Highway on Saturday, May 3, 1980 at 2:00 P.M. Bakersfield, California, April 30, 1980 - Page 4 REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 5-80 regarding Links, Inc., Housing Conference Funding Request, as follows: At the April 23 City Council meeting, Shirley Davidson, President of the Links, Incorporated made a presentation regarding that non-profit organization's Third Annual Housing Conference. She also requested that the City underwrite a portion of the conference costs, utilizing $1,100 in Community Development Block Grant funds. That request was referred to the Budget Review and Finance Committee for study and recommendation. The conference, to be held May 17 at the fair- grounds, is designed to provide information on non-traditional methods of financing housing and to stimulate public awareness of changing housing trends. Provision of information promoting greater choice of housing opportunities is an eligible administrative cost under the Block Grant program. Other sponsors of the conference include Home Savings and Loan Association and Wells Fargo Bank. Last year the City of Bakersfield participated in the conference and allocated $750 in Block Grant funds for that purpose. Over 250 people were in attendance, in addition to Federal, State and Local officials. The conference proved to be a worthwhile method of dissemi- nating information on housing opportunities in the City of Bakersfield and the County of Kern. THEREFORE, IT IS RECOMMENDED THAT the Council approve the funding request for $1,100 and authorize the Mayor to execute the contract for that purpose. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 5-80 regarding Links, Inc., Housing Conference Funding Request, was accepted; and request for $1,100.00, was approved and the Mayor was authorized to execute the contract for that purpose. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5728 to 5819, inclusive, in the amount of $431,151.07. (b) Claim for Damages from Henry T. Reape, 5000 Belle Terrace #59, Bakersfield. (Refer to City Attorney) Bakersfield, California, April 30, 1980 - Page 5 (c) (d) (e) (f) (g) (h) (i) Claim for Personal Injuries from Joseph L. Mooney, 121 East 21st Street, Bakers- field. (Refer to City Attorney) Grant Deed from Wells Fargo Bank, N.A. and Hyman D. Agid, as Co-Executors of the Will of Ida Robison, Deceased, for drainfield site located in the vicinity of Bernard Street and Mr. Vernon Avenue. Street Right-of-Way Deed from Cali£ornia Water Service Company providing dedication of street right-of-way along Planz Road, east of South Chester Avenue. Grant Deed from Challenge Builders, Inc., providing drainage sump on Kristina Court south of Talisman Drive. Street Right-of-Way Deed from B. L. and N. R. Dickenson and R. A. Wadsworth Builders, Inc., providing dedication of Auburn Oaks Drive and Auburn Street, as required by the Planning Commission for Parcel Map No. 5774, located north of Auburn Street, approximately 2000 feet east of Fairfax Road. Notices of Completion and Acceptance of Work for: Tract No. 3891 (B), Contract No. 79-184 with Tejon Valley Development Company, located at Harris Road and Crystal Springs Way. Tract No. with Casa Road east 3827 (A), Contract No. 78-101 Linda, Inc., located at Harris of Stine Road. Tract No. 3947, Contract No. 79-75 with Community Construction, located at Tyndall Avenue and Akers Road. Tract No. 3948, Contract No. 79-76 with Community Construction, located at Jasper Avenue and Akers Road. Tract No. 3972 "A", Contract No. 78-109 with Seymour and Judythe Greitzer, located at the southeast corner of Stine and Pacheco Roads. Notices of Completion and Acceptance of Work for: Asphalt Concrete Pavement on Monitor Street north of Calcutta Drive, Contract No. 80-31 with Granite Construction Company. College Avenue Storm Drain, Contract No. 79-194 with Granite Construction Company. Contract was completed March 27, 1980, 222 Bakersfield, California, April 30, 1980 - Page and the contract completion date was March 14, 1980. In accordance with Section 6 (e) the Public Works Department recommends that the contractor be assessed $650.00 liquidated damages for 13 days delay beyond the time prescribed to complete the work. (J) Request from Danny B. Mateer, Wastewater Treatment Plant Operator I in the Public Works Department, for 90 Day Leave of Absence Without Pay for medical reasons, effective April 30, 1980. Upon (d), (e), (f), adopted by the a motion by Councilman Miller, Items (a), (b), (c), (g), (h), (i) and (j) of the Consent Calendar, were following roll call vote: Ayes: Noes: Councilmen Barton, Christensen, Ratty, Strong None Means, Miller, Payne, Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, bid of Profit Production for Plants for the Parks Department, was accepted and all other bids rejected. Upon a motion by Councilman Means, low bid of Athletic Painters for sandblasting and painting exterior of the Central Fire Station, was accepted and all other bids rejected. NEW BUSINESS Authorization granted Community Development staff to submit 1979-80 Community Development Block Grant Grantee Performance Report to HUD for review. Pursuant to Section 104 (d) of the Housing and Community Development Act of 1974, each jurisdiction receiving Community Development Block Grant funds must report to RUD on the progress of activities funded for the past calendar year. The report must be submitted to HUD by May l, 1980 and will be reviewed prior to the approval of the succeeding year's application. Upon a motion by Councilman Payne, authorization was granted Community Development staff to submit 1979-80 Community Development Block Grant Grantee Performance Report to HUD for review. Bakersfield, California, April 30, 1980 - Page 7 9,23 accounts to a delay operation, positions. Approval of Budget Transfers. Due to City growth and large increases in the cost of fuel, equipment parts and street materials, it will be necessary to transfer funds to carry out the departmental operations for the remainder of the fiscal year. Funds are necessary in the following accounts: 11-452-1400 Fuel $160,000 11-452-1500 Equipment Parts 130,000 33-293-1200 Street Materials 30,000 To offset these needs there will be savings in several - particularly in the material and utility accounts due in placing the expanded Treatment Plant No. 2 in and in the regular salary accounts due to unfilled These are 11-113-3500 11-114-3500 11-253-0100 11-334-0100 11-445-0100 11-242-0100 11-553-5500 11-352-3500 33-299-6100 as follows: Electricity Electricity Regular Salaries Regular Salaries Regular Salaries Regular Salaries Insurance Electricity Unapplied Appropriations Gas Tax Contingency $120 000 15 000 14 000 20000 20,000 31,000 40 000 30,000 30,000 Budget Transfers as Upon a motion by Councilman Barton, listed above, were approved. HEARINGS This is the time set for public hearing before the Council on Resolution of Intention No. 946 of the Council of the City of Bakersfield, declaring its intention to order the vacation of Royal Scots Way from Panorama Drive south of Charger Avenue, in the City of Bakersfield. This hearing has been duly posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public pot{ion of the hearing was closed for Council deliberation and action. 224 Bakersfield, California, April 30, 1980 - Page 8 Upon a motion by Councilman Miller, Resolution No. 30-80 of the Council of the City of Bakersfield ordering the vacation of Royal Scots Way from Panorama Drive south to Charger Avenue, in the City of Bakers£ield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None EXECUTIVE SESSION Upon a motion by Councilman Christensen, the Council recessed to an Executive Session at 8:45 P.M. for consultation with the City's Labor Negotiator regarding Meeting and Confer Sessions. The regular Council Meeting was reconvened at 10:49 P.M. 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. AY~~e city of Bakersfield, Calif. ATTEST: CITY/CLERK and E~ Officio Clerk of the Council of ~he City of Bakersfield, California ma 225 Bakersfield, California, May 7, 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., May 7, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton None Absent: Minutes of the regular meeting of April 30, approved as presented. 1980 were SCHEDULED PUBLIC STATEMENTS Irene Thomas, 409 Cart Street, representing the League of Women Voters, extended an invitation to the Mayor and Council to attend their Solar Energy Workshop on Saturday, May 17, 1980, from 9:00 A.M. to 12:00 Noon at the Bakersfield College Conference Center. CORRESPONDENCE Upon a motion by Councilman Payne, communication from J. A. Gallagher & Associates, Real Estate Appraisers & Consultants, 17494 Buckthorne Road, Hesperia, California, dated April 30, 1980, regarding erosion of their property located on the south side of Auburn Street, west of Oswell Street, as a result of street drainage funneling across the land, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Tommy L. & T. Brent Boozer, dated April 30, 1980, requesting annexation of property located north of the Arvin-Edison Intake Canal and south of Panama Lane, between Stine Road and Highway 99, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from Bakersfield Art Association, Inc., 1930 "R" Street, dated May 5, 1980, requesting that the 1980-81 budget include repairs to the 226 Bakersfield, California, May 7, 1980 - Page 2 Cunningham Memorial Gallery, was received and referred to the Budget Review and Finance Committee for consideration during deliberations on the Operating Budget. Upon a motion by Councilman Payne, petition from residents of Park Stockdale requesting annexation of property located north of Stockdale Highway, ~ mile west of Cali£ornia Avenue, known as Park Stockdale, was received and referred to the Planning Com- mission for study and recommendation. Upon a motion by Councilman Christensen, communication from Kern High School District, dated April 24, 1980, requesting a lease of a portion of the City Sewer Farm to provide a school farm for students, was received and referred to staff for study and recommendation. COUNCIL STATEMENTS Councilman Ratty stated he is a member of a committee that advises Kern COG on projects. The Council is now going to have to decide on a project to present to Kern COG. It is felt the best project for the City of Bakersfield is the completion of the Kern River Bike Path. Transportation Development Act funds are available for this project. Upon a motion by Councilman Ratty, the Planning Commission was requested to develop a plan for the completion of the Kern River Bike Path. Councilman Barton stated at last week's Council Meeting a motion was adopted requesting the Budget Review and Finance Committee to investigate the possibility of paying members o£ the Planning Commission $25.00 per meeting, not to exceed $100.00 per month. Upon a motion by Councilman Barton, the Budget Review and Finance Committee was also requested to review the possibility of paying all members of various commissions. Upon a motion by Councilman Barton, the Intergovernmental Relations Committee, in conjunction with the County of Kern, was 227 Bakersfield, California, May 7, 1980 - Page 3 requested to investigate the problem of rafting in the Kern River to possibly make it a safer sport and help eliminate the costly rescues. Mayor Hart announced that at next week's Council Meeting pictures will be taken of the Council. Councilman Strong questioned the staff regarding a memorandum the Council received from Principal Planner Dave Kennon, dated April 13, 1980, on Economic Development Administration Pro- jects for 1980-81. Director of Fire & Development Services Needham stated the list of potential projects was identified by City staff and will be submitted to the Overall Economic Development Plan (OEDP) Committee for review and evaluation. The County of Kern has a committee for the OEDP and they set priorities on projects. They have set priorities in the past on the shopping center, hotel, etc., and staff has expanded the list to cover several other potential areas. When these areas are submitted to this committee, at that point in time, the list of priorities will come back and staff will, at the appropriate time, submit it to the Council for information. Councilman Christensen questioned the Director of Fire & Development Services regarding the rank of priorities on the Overall Economic Development Plan for Kern County. Mayor Hart reminded the Council that persons should be appointed to fill the vacancies on various Boards and Commissions. REPORTS Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 3-80 regarding Senior Citizens Center Site, as follows: Upon instruction of the City Council, the attached letter was recently sent to the Bakersfield City Schools Board of Trustees. As noted in this letter, the City of Bakers- field along with the County of Kern and a Bakersfield, California, May 7, 1980 - Page 4 Senior Citizens Task Force have been working together to establish a Senior Citizens Center to be located in the Greater Bakersfield area. Plans are now in the discussion phase as to where this facility could be located and what agency should assume the operation of this center. The Intergovernmental Relations Committee has reviewed the Golden State Junior High School as well as several other locations and we are of the opinion that this school site could be an ideal Senior Citizens Center. We have therefore gone on record indicating interest in purchasing or leasing this location from the City School District. This action would result in a tremendous savings in time and tax dollars. After discussion, upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 3-80 regarding Senior Citizens Center Site, was accepted. City Manager Bergen read a memorandum regarding State Park Funds Application (SB 174), dated May 7, 1980, as follows: In 1976, the State approved the Urban Open Space and Recreation Program (SB 174). This program was originally approved for a three year period and has now been extended for an additional two years. It is designed to pro- vide grants to cities, counties and park and recreation districts for the acquisition and development of park and recreation areas within the more heavily populated areas of the State. Factors such as population density, income and unemployment must be considered in selecting projects. It is a matching program whereby the State provides 75% and the applicant 25% of the funding. The City of Bakersfield has applied for and received funds for the past three years under this program. The City's allocation for the 1979-80 fiscal year is $20,310. It was the staff's intent to have the proposed projects for the use of these funds approved as part of the Capital Improvement Program in June. How- ever, the State has recently notified the City that a signed agreement between the City and the State must be effected by June 30 in order for the City to receive these funds. This represents change in the procedures. As a result, it is necessary we submit an applica- tion relatively soon in order to meet this requirement. Attachment #1 of this report indicates the recommendations for the use of these funds. If the Council desires to act on this matter now, the following actions would be required: Bakersfield, California, May 7, 1980 - Page 5 (i) Authorize the staff to apply for these funds as outlined in Attachment #1 and approve the attached resolution (Attach- ment #2). (2) Authorize the City's share of these improvements in the amount of $6,770 be included in the 1980-81 Capital Improve- ment Budget. Attachment #1 Proposed Use of 1979-80 Allocation of State Park Funds (SB 174) California Avenue Park Construct two lighted basketball courts $18,190 Wayside Park Modify game court lighting 4,445 Planz Park Modify game court lighting 4~445 TOTAL COST $27,080 State Park Funds (75%) $20,310 City Funds (25%) $ 6,770 Upon a motion by Councilman Strong, staff was authorized to apply for funds as outlined in Attachment #1, by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Resolution No. 31-80 of the Council of the City of Bakers- field approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Cali- fornia Avenue, Wayside and Planz Parks. Upon a motion by Councilman Strong, Resolution No. 31-80 of the Council of the City of Bakersfield approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at California Avenue, Wayside and Planz :30 Bakersfield, California, May 7, 1980 - Page Parks, Ayes: Noes: Absent: was adopted by the following roll call vote: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton None None City Manager Bergen stated last week the Council referred a communication from Bakersfield College, dated April 25, 1980, requesting funds for construction of a softball diamond, to the Budget Review and Finance Committee for consideration during budget deliberations. This is a capital improvement and should be referred to the Planning Commission for consideration during deli- berations on the Capital Improvement Budget. Upon a motion by Councilman Strong, communication from Bakersfield College, dated April 25, 1980, requesting funds for construction of a softball diamond, was referred to the Planning Commission for consideration during deliberations on the Capital Improvement Budget. City Manager Bergen stated each Councilman has been furnished with a copy of the suggested Summer Schedule of Council Meetings and if it meets with the Council's approval a resolution will be placed on the agenda for adoption next week. Upon a motion by Councilman Strong, authorization was granted to include the City's share for park improvements, in the amount of $6,770, in the 1980-81 Capital Improvement Budget, by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5820 to 5916, inclusive, in the amount of $725,968.43. Bakersfield, California, May 7, 1980 - Page 7 231 (b) (c) (d) (e) (f) Claim for Damages from Helen M. Negrete, 1604½ Quincy Street, Bakersfield. (Refer to City Attorney) Sewer Line Easement from Robert C. Olshausen, located south of White Lane, west of Grissom Court and north of Aldrin Court, as required for Parcel Map No. 5544. Street Right-of-Way Deed from Hale and Lowell Costerisan providing dedication of New Horizon Boulevard and additional dedication of Stine Road as required by the Planning Commission for Parcel Map No. 5733, located east of Stine Road, north of District Boulevard. Map of Tract No. 4171 and Improvement Agreement with Wattenbarger-Stahl Develop- ment Co. & B.W.S., for improvements therein, located between Auburn Street and Freeway 178, east and west of Fairfax Road. Notice of Completion and Acceptance of Work on furnishing and applying Slurry Seal on Parking Lots and Service Drives in Saunders, Planz, Wilson, Centennial, Jastro and Patriots Parks, Contract No. 80-21 with Jack Burtch Co. (g) Notices of Completion and Acceptance of Work for: (h) Construction of Curb and Gutter, Paving and Street Improvements in the Kern Division, Contract No. 79-174 with Granite Construction Co. Signals at Gilmore Avenue and Pierce Road, Oak Street and 21st Street, and Chester Avenue and 21st, 20th, 19th and 18th Streets, Contract No. 79-112 with Galland Electric Co. The work was completed on April 30, 1980. The contract completion date was April 7, 1980. The Public Works Department recommends the contractor be assessed $2,300.00 liquidated damages for 23 days delay beyond the time prescribed to complete the work, in accordance with Section 6 (e) of the specifications. Contract Change Order No. i to Contract No. 79-174 with Granite Construction Co. for construction of Curb and Gutter, Paving and Street Improvements in Kern Division, and request for approval of budget transfers to fund project deficit. This Change Order is necessary for addi- tional storm drain and paving work and to account for final contract quantities, as required by the Economic Development Administration. This change will add $5,097.69, increasing the contract amount to $381,724.19. 232 Bakersfield, California, May 7, 1980 - Page 8 In addition to this Change Order the project requires $24,139.93 in funds for fire hydrant relocations by California Water Service and for an audit by a private firm of the EDA project. To fund these needs, the Public Works Department recommends the use of funds which were budgeted for construction of a portion of Lake Ming Road. This por- tion of road will not be constructed this fiscal year due to delays in sub- division development in this area. The amount available from this project is $30,000, Account No. 33-293-9995. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Miller, low bid of Granite Construction for resurfacing Christmas Tree Lane between Mt. Vernon Avenue and Wenatchee Avenue and reconstruction of Geneva Avenue, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Central Valley Supply for Water Meters - Annual Contract No. 10281, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2558 New Series of the Council of the City of Bakersfield amending Section 8.48.055 (b), suspending the Refuse Collection Fees for the period June 1, 1980, to May 31, 1981. Upon a motion by Councilman Christensen, Ordinance No. 2558 New Series of the Council of the City of Bakersfield amending Section 8.48.055 (b), suspending the Refuse Collection Fees for Bakersfield, California, May 7, 1980 - Page 9 233 the period June 1, 1980, to May 31, following roll call vote: Ayes: 1981, was adopted by the Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue, and making findings in connection with P.U.D. Zone. The application for this amendment was made by Robert J. Matsumoto and would change subject property from an R-1-HOSP. (One Family Dwelling - Hospital) Zone to a P.U.D. (Planned Unit Development) Zone. First reading was considered given an Ordinance o£ the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue, and making findings in connection with P.U.D. Zone. Approval of Final 1980-81 Community Development Block Grant Application for submittal to the Department o~ Housing and Urban Development. On April 4, 1980, the Draft 1980-81 Community Development Block Grant Application was submitted for State and Area-Wide Clearinghouse review. To date no comments have been received. The Final Application must be submitted to HUD for their review no later than May 16, 1980. The Block Grant to be released August l, 1980. Upon a motion by Councilman Strong, munity Development Block Grant Application, funds are scheduled Final 1980-81 Com- was approved, and the 234 Bakersfield, California, May 7, 1980 - Page l0 staff was authorized to submit the Final Application to the Depart- ment of Housing and Urban Development for their review. Approval of Joint Powers Agreement between the City of Bakersfield and County of Kern regarding Fire Pro- tection Services. The matter o£ eliminating duplication of services of the City and County Fire Departments has been under study by staff and the Intergovernmental Relations Committee of both entities since early 1979. As a first step toward resolving this problem, a Joint Powers Agreement has been drawn up which enjoins the City and County to have an outside, professional, experienced firm conduct a survey on Fire Station locations, present and future, within the metropolitan area. It also empowers the Chiefs of both departments to study and develop a plan for combined emergency communications and training. Councilman Ratty made a motion that Joint Powers Agreement between the City of Bakersfield and County of Kern regarding Fire Protection Services, be approved and the Mayor authorized to execute same. During discussion, Councilman Strong requested that the Intergovernmental Relations Committee assist the staff in making a determination on the firm that will conduct the study. Councilman Ratty's amended motion that the Joint Powers Agreement between the City of Bakersfield and County of Kern regarding Fire Protection Services, subject to the Attorney drafting it in legal language, be approved and the Mayor authorized to execute same; and the Intergovernmental Relations Committee assist the staff in making a determination on the firm that will conduct the study, carried by unanimous vote. Bakersfield, California, May 7, 1980 - Page 235 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Miller, the meeting was adjourned at 9:00 P.M. ATTEST: C ~L~LER] and ~ Officio Clerk of the Council of the City of ~kersfield, California ma 236 Bakersfield, California, May 14, 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., May 14, 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 £ollows: Present: Mayor Hart. Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Absent: None Minutes of the regular meeting of ~ay 7, 1980 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Means, Kern County Democratic Central submitting a position paper on ordered placed on file. communication from Committee, dated May 2, 1980, transportation, was received and Upon a motion by Councilman Payne, communication from Greater Bakersfield Chamber of Commerce, dated May 12, 1980, commending the City Council for approving a Joint Powers Agreement with the County of Kern for fire service unification, was received and ordered placed on file. REPORTS Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 5-80 regarding Public Works to be Performed by Contract, as follows: On April 30, 1980 the Business Development and Parking Committee met with representatives of the Associated General Contractors relative to the items brought before the Council by Mr. Bill Hart, San Joaquin District Manager of AGC. The AGC expressed their concern about the City's performance on street maintenance projects. The Public Works Director reported: (1) That the Street Maintenance Division has less employees now than it had 15 years ago, even though the street mileage has increased from 240 miles to 400 miles; (2) The Division is only staffed to do patching, sealing and minor sectional repair work; and (3) All of Bakersfield, California, May 14, 1980 - Page 2 237 the reconstruction, resurfacing and concrete work is now being done by contract labor. The Committee assured the AGC that the City is not proposing to change its policy to allow more public works to be done by City employees. In addition, the Public Works Director will meet with the AGC from time to time to review specifications and requirements regarding public works projects. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 5-80 regarding Public Works to be Performed by Contract, was accepted. Councilman Means, Chairman of the Energy Committee, read Report No. 3-80 regarding Kern COG Energy Element Study Grant, as follows: On January 17, 1980 the Bakersfield City Council authorized submittal of a proposal to Kern COG for the study of a Comprehensive Energy Element, conservation of energy resources and the develop- ment of alternative energy sources. Subsequently, a Memorandum of Understanding (MOU) to accomplish that study was executed on April 2, 1980 and a consultant hired to conduct the study. A budget of $30,000 was appropriated by Kern COG £or the study. Based on meetings of the City Energy Task Force and other data derived by the consultant, it has become apparent that energy conservation activities cannot be considered local in nature; rather, they have region-wide application and impact. Thus, the final product of the study-- a General Plan Element and implementing ordinances--is designed to be utilized by all jurisdictions in Kern County. In light of this development, it is also appropriate that Kern COG, as the area-wide planning agency for the County, should conduct the study effort directly. THEREFORE, IT IS THE RECOMMENDATION of the Council Energy Committee that the following actions be taken: The lead responsibility for the Energy Element should be transferred to Kern COG, with the energy consultant to work for that agency; and a second person be hired in a consultant capacity to provide necessary staff to conduct a County-wide study; The City of Bakersfield be reimbursed by Kern COG for all costs incurred to date relative to conducting the study; 238 Bakersfield, Cali£ornia, May 14, 1980 - Page 3 The General Plan Energy Element resulting from the study be made available to all jurisdictions in Kern County for appropriate local action; and 4. These actions become effective May 19, 1980. Upon a motion by Councilman Means, Energy Committee Report No. 3-80 regarding Kern COG Energy Element Study Grant, was accepted; and recommendations as outlined in the report, were approved. Councilman Payne, member of the Governmental Efficiency and Personnel Committee, read Report No. 6-80 regarding In-Service Police Training Study, as follows: The Police Department, during the 1979-80 budget deliberations, presented a proposed request to the Council for a formalized In- Service Training Study. On September 19, 1979 Management Assessment Center was hired to study this program and the training needs of the Police Department and report back to the Council. On January 16, 1980 the Council took formal action to initiate the training pro- gram on the recommendation of the Management Assessment Center. Phase One has been instituted and is proceeding reasonably well. While there have been minor problems, the committee members have conferred with the Chief of Police and other key department members and found that the problems are being worked out and the program is proceeding in a satisfactory manner. On March 25, 1980 Management Assessment Center submitted their second report for Phase Two which sets out some training needs which were discovered during the original investigation and assessment by the consultants. We have again conferred with the Chief of Police and various department personnel on the recom- mendations of Phase Two and find that the department essentially agrees with the conclusion and feels that with Council action Phase Two can be implemented to proceed with the recom- mended training and curriculum. It is believed that any problems which might arise can be again worked out in a satisfactory manner. It is therefore the recommendation of this committee that the Council approve imple- menting Phase Two of the In-Service Police Training Program and transfer $5,000 from the Council Contingency Fund to the Police Depart- ment budget to fund Phase Two for the remainder of this fiscal year. It is further recommended Bakersfield, California, May 14, 1980 - Page 4 23,9 that the Council consider authorizing the Manager to place $45,000 additional monies, for this purpose, into the Bakersfield Police Department's 1980-81 budget during the budget hearings. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 6-80 regarding In-Service Police Training Study, was accepted; and recommendations as outlined in the report, were approved. Assistant City Manager-Finance Kelmar reported that recently, the City Council received and referred to staff, for recommendation, the matter of a rate increase for taxicab companies and drivers. In light of economic conditions, problems in evaluation of rate increase requests and availability of other methods of public transportation, the sta£f would recommend the subject of taxicab rate regulations be referred to the City Council's Business Development and Parking Committee for evaluation. Upon a motion by Councilman Barton, the subject of taxi- cab rate regulations was referred to the Business Development and Parking Committee for evaluation. The (a) (b) (c) (d) (e) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 5917 to 6076, inclusive, in the amount of $269,843.27. Sewer Easement from Sill Properties, Inc., located north of Sillect Avenue along proposed Arrow Street, as required for Parcel Map No. 5854. Map of Tract No. 4291 with Frank P. and Judi A. Smith, located south of Stockdale Highway and east of New Stine Road. Application £or Encroachment Permit from Bernie Harris, 3289 Chester Lane, for construction of a 4 foot high block and wrought iron fence at back of sidewalk along 3289 Chester Lane. Plans and Specifications for construction of portions o~ White Lane, Gos£ord Road and Half Moon Drive. 240 Bakersfield, California, May t4 1980 - Page 5 (f) Request from Jay Alvin Wheelan, Ming Center Investment Company, for amendment to the General Plan for commercial use of property located on the north side of Ardmore Avenue, between Stine Road and Akers Road. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e) and (f) 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 Ratty, low bid of Kern Rock for Select Road Materials - Annual Contract No. 10481, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bid of Redding Steel Supply for Corrugated Metal, was accepted and all other bids rejected. Upon a motion by Councilman Miller, bid of I.B.M. for Electronic 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 financing. DEFERRED BUSINESS Adoption of Ordinance No. 2559 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue, and making findings in connection with P.U.D. Zone. The application for this amendment was made by Robert J. Matsumoto and would change subject property from an R-1-HOSP. (One Bakersfield, California, May 14, 1980 - Page 6 Family Dwelling - Hospital) Zone to a P.U.D. (Planned Unit Development) Zone. Mrs. Joyce Davis, 804 Elsey Street, stated that the Park Stockdale Board and Mr. Robert Matsumoto reached an agreement about changes that would be made to this development to make it acceptable to residents of the area. Mr. Matsumoto agreed to the Increase the number of condominimums in the development to 50%. 2. Direct more traffic out Mohawk Street rather than Lennox Avenue where there is traffic congestion. 3.Construct one story apartments immediately adjacent to existing homes. 4. Provide two portable classrooms to Panama School District for a 5 year period. Mrs. Davis requested that when other zone changes for this area are brought before the Council that the school district and traffic problems be considered prior to making a decision. Mr. Robert Matsumoto stated Mrs. Davis' statement was correct and he presented a copy of a letter from the Park Stock- dale Civic Association, Inc., dated April 19, 1980, setting out the changes made to this development to make it more acceptable to residents of the area. Upon a motion by Councilman Ratty, copy of letter from Park Stockdale Civic Association, Inc., to Mr. Robert J. Matsumoto, dated April 19, 1980, was received and ordered placed on file; and Negative Declaration and Ordinance No. 2559 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 o£ those certain properties in the City of Bakersfield commonly known as 5400 and 5600 Lennox Avenue, and making findings in connection with P.U.D. Zone, finding said zoning consistent with the General following: 1. 242 Bakersfield, California, May 14, 1980 - Page 7 Noes: Absent: Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Christensen None None First Barton, NEW BUSINESS 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 south of Pacheco Road and east of Akers Road. The application for this amendment was made by Walter Heisey and would change subject properties from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling), or more restrictive, Zones. The Planning Commission approved the zonings with the application of the "D" Design Overlay to the R-2 zoning. 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 south of Pacheco Road and east of Akers Road. First reading of an Ordinance of the Council of the City of Bakers£ield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Fairview No. 1 Annexation. This ordinance would zone upon annexation those certain properties in the County of Kern located south of White Lane, north of the Arvin-Edison Intake Canal, west of Monitor Street and east of Hughes Lane to an R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), ~ (Mobilehome) and M-1-D (Light Manufacturing - Architectural Design), or more restrictive, Zones. Zoning upon annexation of the R-2 properties was recom- mended for approval by the Planning Commission with the application of the "D" Design Overlay and the following condition: Bakersfield, California, May 14, 1980 - Page 8 Tentative tracts containing proposed R-2 zoned lots on Pacheco Road, Fairview Road and Monitor Street are to be revised to include private drives at rear of said lots to provide ingress and egress to off-street parking spaces. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Fairview No. i Annexation. Adoption of Resolution No. 32-80 fixing the time of meetings of the Council of the City of Bakersfield during the months of May, June, July, August, September and October, 1980. Upon a motion by Councilman Barton, Resolution No. 32-80 fixing the time of meetings of the Council of the City of Bakers- field during the months of May, June, July, August, September and October, 1980, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None Approval of License Agreement form regarding use of City of Bakersfield water spreading properties by other entities. This agreement provides for use of City of Bakersfield spreading facilities by other public entities and was authorized by Water Board action on May 7, 1980, and authorizes the Water Manager to execute. Upon a motion by Councilman Barton, License Agreement form regarding use of City of Bakersfield water spreading properties by other entities, was approved. HEARINGS This is the time set for continued hearing before the Council on an Appeal by Troy Childers regarding the revocation of his permit for towing of vehicles for the City Police Department. 244 Bakersfield, California, May 14, 1980 - Page 9 This hearing was continued from the meeting of April 9, 1980, at the request of Mr. Childer's attorney. A letter was received from Mr. James E. Noriega, Attorney for Mr. Childers, requesting that this hearing be continued until July 30, 1980. Councilman Ratty stated he felt enough time has been given to this matter and made a motion that the hearing on the appeal be continued until next week, May 21, 1980. Councilman Means offered a substitute motion that the hearing on the appeal be continued until July 30, 1980, as requested by Mr. Childer's attorney. following roll call vote: Ayes: Councilmen Means, Noes: Councilmen Miller, Absent: None This motion failed to carry by the Strong, Christensen Payne, Ratty, Barton be continued until next week, May 21, 1980, following roll call vote: Ayes: Councilmen Payne, Ratty, Barton Noes: Councilmen Means, Miller, Strong, Christensen Absent: None Councilman Ratty's motion that the hearing on the appeal failed to carry by the Councilman Miller made a motion that the hearing on the This motion failed to appeal by continued until June 18, 1980. carry by the following roll call vote: Ayes: Noes: Ratty, Councilman ~iller Councilmen Means, Payne, Christensen Absent: None Upon Council on his permit Strong, Barton, a motion by Councilman Means, hearing before the an Appeal by Troy Childers regarding the revocation of for towing of vehicles for the City Police Department, 245 Bakersfield, California, May 14, 1980 - Page l0 was continued until the meeting of July 2, roll call vote: 1980, by the following Ayes: Councilmen Means, Miller, Payne, Strong, Barton, Christensen Noes: Councilman Ratty Absent: None Upon a motion by Councilman Barton, recommendations from the Public Works Director regarding Sewer Service Charges for Fiscal Year 1980-81, was referred to the Budget Review and Finance Committee for study and recommendation. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:35 P.M. ATTEST: ~Y~~of~~Bakersfield, Calif. H. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California /ASSISTANT CITY CLER~~-~ ma 246 Bakersfield, California, May 21, 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., May 21, 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 Miller, Payne, Ratty, Strong, Barton, Christensen, Means None Absent: Minutes of the approved as presented. regular meeting of May 14, 1980 were SCHEDULED PUBLIC STATEMENTS Ms. Rosemary Duffy, representing Bakersfield High School's Forensic Society, requested that the Council waive the May 15th deadline for filing an application for a permit to sell Fireworks. Mr. Fred Thompson, representing College Heights School P.T.A., requested that the Council waive the May 15th deadline for filing an application for a permit to sell Fireworks. Upon a motion by Councilman Barton, the May 15th deadline for filing an application for a permit to sell Fireworks was waived for Bakersfield High School's Forensic Society and College Heights School P.T.A. Mrs. Anne Monroe, 3991 Marella Way, read a letter that was in the Private Property Free Enterprise Newspaper written by Norman E. Jorgenson regarding freedom in this country. COUNCIL STATEMENTS Councilman Christensen stated the City of Bakersfield has been a long standing member of the League of California Cities and they maintain an outstanding research department and legal staff. The citizens of Bakersfield should be aware that the League of California Cities has come out against Proposition 9, from the standpoint that its passage will be costly to the taxpayers 247 Bakersfield, California, May 21, 1980 - Page 2 by either denying or curtailing many standards and needed services. The citizens should be aware, when they vote, that the curtailing or denying of standard City services can be greatly hampered. Councilman Christensen made a motion that each Councilman vote either in favor of or against the League of California Cities' stand recommending a "No" vote on Proposition 9. Councilman Strong stated he does not mind voting on Councilman Christensen's motion because he has strong feelings about Proposition 9. However, the Council should not set a precedent by taking positions on certain ballot propositions because they represent people who are for and against them. Councilman Ratty stated he wholeheartedly supports Councilman Strong's position because taking stands on the various propositions on the ballot could be an ongoing thing. Councilman Ratty offered a substitute motion that the Council take no position on the propositions on the June ballot. This motion carried by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton Noes: Councilmen Christensen, Means Absent: None Councilman Means clarified his negative vote by stating that he feels the Council needs to let the public know exactly what their feelings and beliefs are, so when it comes time for re- election they know exactly where that Councilman stands. Councilman Christensen stated he would make a motion, so the Council cannot remain two-faced in the eyes of the taxpayers, that the City of Bakersfield withdraw from the League of California Cities if their research and legal advice is not going to be supported. Councilman Strong stated the League of California Cities' opinion has nothing to do with the individual cities that make up the League. They are expressing an opinion as an entity. If any 248 Bakersfield, Cali£ornia, May 21, 1980 - Page 3 for the record, He did not feel position. Councilman desires to read into the record what that opinion is that is his privilege, but he would doubt if the over 400 cities throughout the State have taken an individual position on all the propositions. Councilman Ratty stated the League is expressing an opinion as the League not as individuals. Councilman Ratty stated, he is £or Proposition 9 and will vote that way. the Council, as a public body, should take a Councilman Barton stated he cannot support the motion to withdraw from the League of California Cities. It is a valuable organization to participate in that distributes a lot of good information and gives support in the State Legislature. Council- man Barton stated he is going to vote "No" on Proposition 9 and that is strictly an individuals opinion. Councilman Christensen's motion that the City of Bakers- field withdraw from the League o£ California Cities, failed to carry by the following roll call vote: Ayes: Councilman Christensen Noes: Absent: Councilmen Miller, Payne, Ratty, Strong, Barton, Means None Upon a motion by Councilman Miller, Marion E. Malamma, 1905 Oscar Avenue, was appointed as a member of the Business Tax Appeals Board, term expiring July l, 1980. Councilman Means abstained from voting on this matter. Councilman Christensen stated he would like to make the comment that he hopes the Budget Review and Finance Committee, when they are drawing up the final budget and are thinking about cutting monies, that they don't forget how worthless the League of California Cities is and that they save the $30,000 or more we spend annually toward it. Councilman Miller requested a written status report from the City Attorney regarding any impending litigation with United Bakersfield, California, May 249 21, 1980 - Page 4 Airlines and an evaluation on the current services being offered at Meadows Field. Councilman Means stated he received a telephone call from someone who was concerned because County cars were not being ticketed around the Bradbury Building and the building next door. This citizen was told, by the person ticketing cars, that it was a City policy not to issue tickets to County marked cars due to parking problems. Councilman Means stated he is opposed to this and asked if there is such a policy. City Manager Bergen stated he would check with Police Chief Price and give an answer at the next Council Meeting. Councilman Means spoke in opposition to Proposition l0 the Rent Initiative on the June ballot. REPORTS Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 7-80 regarding Staffing Level of Community Development Division, as follows: Attached to this report is a memorandum from Dennis Needham, Fire and Development Services Director, regarding the staffing level of the Community Development Division. As noted in this memorandum, Chief Needham is of the opinion that some of the City's Community Development and Redevelopment programs will have to be deferred or possibly not initiated unless adequate staffing is available. To substantiate his position, a letter from the Department of Housing and Urban Development (HUD), which is attached to this report, points out this staffing problem. The Governmental Efficiency and Personnel Com- mittee met with the staff in February of this year and reviewed personnel requests for Community Development, however, we felt that any additional employees should be discussed at such time that the City's financial picture was clearer. Since that time we received the attached letter from HUD and we are now of the opinion that these positions are needed prior to the regular budget hearings. We have been assured that Federal funds are available through Block Grant funding and Redevelopment funds. The Governmental Efficiency and Personnel Com- mittee is therefore recommending Council approval of the following new positions: 250 Bakersfield, California, May 21, 1980 - Page 5 I - Associate Planner at a monthly salary range of $1743 - $2118 1 - Planning Technician at a monthly salary range of $1274 - $1548 1 - Rehabilitation Specialist at a monthly salary range of $1469 - $1785 i - Clerk Steno I at a monthly salary range of $817 - $994 For the Council's information, if in the future Federal funds for financing these positions are cut, then these positions will be eliminated. New employees will be informed of this prior to being hired. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 7-80 regarding Staffing Level of Community Development Division, was accepted; and new positions as outlined in the report, were approved. Councilman Miller voted in the negative on this motion. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 6-80 regarding Audit of City Financial Records for 1979-80 Fiscal Year, as follows: The Council has referred to this Committee letters from two Certified Public Accounting firms regarding the audit of the City's financial records for the 1979-80 fiscal year - Carpenter, Kuhn & Williams and Fox & Company. The Committee has met with representatives of both firms. The discussions centered around audit approach, audit techniques, qualifica- tions and experience of personnel proposed to work on the audit and audit independence. Based on these discussions, we would recommend the firm of Carpenter, Kuhn & Williams. Fox & Company has been the City's auditor for over ten years. We recognize that Fox & Company is an excellent audit firm and has done a satis- factory job over this period. Although we recognize they have an internal method of maintaining independence by rotation of staff, we feel a periodic rotation of firms is essential in reinforcing this independence. The firm proposes to audit the City's records and perform the compliance audit for Federal Revenue Sharing and Community Development Block Grant Funds for $16,225. After a lengthy discussion, upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 6-80 regarding Bakersfield, California, May 21, 1980 - Page 6 roll Ayes: Noes: Absent: Audit of City Financial Records for 1979-80 Fiscal Year, was accepted; and Contract with Carpenter, Kuhn & Williams for Audit of City financial records for 1979-80 Fiscal Year, was approved and the Mayor was authorized to execute same, by the following call vote: Councilmen Miller, Strong, Christensen, Means Councilmen Payne, Ratty, Barton None Councilman Payne clarified his negative vote by stating that he believes in the old clich~ "if it ain't broken don't fix it." The report states Fox and Company is doing an excellent job and he is not comfortable with the approach that the firm of Carpenter Kuhn and Williams laid out in their letter. Councilman Ratty clarified his negative vote by stating he takes exception to Councilman Mean's cheap shot at other Councils. There has been nothing wrong in the way the City has handled its finances and it is in good financial shape. The Finance Director and Fox & Company have done a good job in watching over the Council and making sure the money goes where it should. He has no objection to changing firms, but the City should get someone with equal prestige. Director of Fire & Development Services Needham reported that in the middle of last year the Council adopted a resolution supporting fair housing practices in the City. In the recent review, by HUD, of the City's Community Development Block Grant Program they pointed out the City had money budgeted for a Fair Housing Educational Program. HUD requested that the City of Bakersfield get involved in this program. Mr. Needham requested that this item be referred to a committee. Upon a motion by Councilman Strong the matter of the Fair Housing Educational Program was referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Bakersfield, California, May 21, 1980 - Page 7 The (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 6077 to 6258, inclusive, in the amount of $509,717.64. Claim for Injuries and Damages from Mildred Pierce, c/o George A. Boyle, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Injuries and Damages from Frances Pierce by her guardian Mildred Pierce, c/o George A. Boyle, Attorney at Law, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Eddie Johnson, 728 Eureka Street, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries and Damages from Alice Spadie, 1234 "K" Street, Apt. 5, Bakersfield. (Refer to City Attorney) Map of Tract No. 4285, with Lloyd Plank, located at southwest corner of Gorham Street and Taylor Street. Map of Tract No. 4310 and Improvement Agreement with Donald P. and Mary M. Chandler for improvements therein, located on the south side of Planz Road approximately 300' east of Hughes Lane. Map of Tract No. 4315 and Improvement Agreement with Donald P. Chandler for improvements therein, located south of Wilson Road, west of Freeway 99. Notices of Completion and Acceptance of Work for: Asphalt Concrete Pavement on University Avenue between Camden Street and La Costa Street, Contract No. 80-29 with Griffith Company. Tract No. 3867 B, Contract No. 79-101 with B. L. Dickinson, Inc., located at Fairfax Road and Oakridge Drive. Contract Change Order No. 2 to Contract No. 79-147 with Tumblin Company for South Wing Addition to Bakersfield City Hall. This Change Order provides for: (1) in- stallation of a computer terminal cabinet and necessary conduit to accommodate the proposed City computer system; and (2) installation of service conduits and splice box required by the electrical power company. The cost of the work under this Change Order is $4,477. Sufficient funds are in the City Hall Addition budget for this increased cost. Bakersfield, California, May 21, 1980 - Page 8 '253 (d), were (e), (k) Request from Kamwil, Inc., for amendment to the General Plan for commercial use of property located on the southwest corner of Frazer Road and proposed Old River Road. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, (f), (g), (~), (i), (j) and (k) of adopted by the following roll call vote: Items (a), (b), (c), the Consent Calendar, Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None DEFERRED BUSINESS Adoption of Ordinance No. 2560 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 south of Pacheco Road and east of Akers Road. The application for this amendment was made by Walter Heisey and would change subject properties from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) Zones. The Planning Commission approved the zonings with the application of the "D" Design Overlay to the R-2 zoning. Upon a motion by Councilman Strong, Negative Declaration and Ordinance No. 2560 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 south of Pacheco Road and east of Akers Road, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: Councilman Miller 254 Bakersfield, California, May 21, 1980 - Page 9 Adoption of Ordinance No. 2561 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 Fairview No. 1 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located south of White Lane, north of the Arvin-Edison Intake Canal, west of ~lonitor Street and east of Hughes Lane to an R-1 (One Family Dwelling), R-2 (Limite~ Multiple Family Dwelling), MH (Mobilehome) and M-1-D (Light Manufacturing - Architectural Design) Zones. Zoning upon annexation of the R-2 properties was recom- mended for approval by the Planning Commission with the application of the "D" Design Overlay and the following condition: Tentative tracts containing proposed R-2 zoned lots on Pacheco Road, Fairview Road and Monitor Street are to be revised to include private drives at rear of said lots to provide ingress and egress to off-street parking spaces. Upon a motion by Councilman Strong, Negative Declaration and Ordinance No. 2561 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 Fairview No. 1 Annexation, finding said zonings consistent with the General Plan, were adopted 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 of the Council of the City of Bakersfield repealing portions of Chapter ll.04 of the Municipal Code, Speed Zones. This ordinance repeals the speed limits established by ordinance and will be replaced by a resolution establishing speed limits. Bakersfield, California, May 21, 1980 - Page 10 255 First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing portions of Chapter 11.04 of the Municipal Code, Speed Zones. First reading of an Ordinance of the Council of the City of Bakersfield authorizing the establishing of Speed Zones on streets in the City of Bakersfield. This ordinance authorizes the Council to establish speed limits by resolution. Presently speed limits on streets can only be established by ordinance. California Vehicle Code allows local agencies to establish these speed limits by resolution. First reading was considered given an Ordinance of the Council of the City of Bakersfield authorizing the establishing of Speed Zones on streets in the City of Bakersfield. Referral of a Resolution of the Council of the City of Bakersfield notifying the State of California that the City of Bakersfield does not wish to participate in the SB 966 Deferred Payment Loan Program. On July 17, 1979, the Council authorized staff to submit a grant application for SB 966 funds for a Deferred Payment Loan Program for housing rehabilitation. Subsequently, when the appli- cation was approved, the State imposed a number of administrative requirements which staff believes to be unworkable. It is staff's recommendation that the City not participate in the SB 966 program at this time. It is further recommended that a resolution notifying the State that the City does not wish to participate in the SB 966 Deferred Loan Program be forwarded to the proper State agency. Upon a motion by Councilman Strong, Resolution of the Council of the City of Bakersfield notifying the State of California that the City of Bakersfield does not wish to participate in the SB 966 Deferred Payment Loan Program, was referred to the Budget Review and Finance Committee for study and recommendation. 256 Bakersfield, California, May 21, 1980 - Page 11 Approval of 1980-81 Domestic Water Enterprise Operating and Capital Outlay Budget. This budget was approved by the Water Board on May 14, 1980. Upon a motion by Councilman Barton, the 1980-81 Domestic Water Enterprise Operating and Capital Outlay Budget was approved. Approval of Amendment to Agreement No. 79-155 between the City and California Water Service Company for a Water Main for the City Hall Addition at a location which will avoid destruction of several trees along the east side of the present City Hall. The new location will require removal and replacement of sidewalk along Chester Avenue and will increase the contract amount from $25,891 to $30,697. Sufficient funds are in the City Hall Addition budget for this increase. Upon a motion by Councilman Ratty, Amendment to Agree- ment No. 79-155 between the City and California Water Service Company for a Water Main for the City Hall Addition at a location which will avoid destruction of several trees along the east side of the present City Hall, was approved and the Mayor was authorized to execute same. Approval of Amendment to Agreement No. 78-165 between the City and Garone Cattle Company allowing Lessee to import and store canal water in irrigation reservoirs during periods when reservoirs are not being used for storage of treatment plant effluent. The canal water will be used for irrigation purposes during the period when the water demand is greater than the effluent available from Plant No. 2. Upon a motion by Councilman Christensen, Amendment to Agreement No. 78-165 between the City and Garone Cattle Company allowing Lessee to import and store canal water in irrigation reservoirs during period when reservoirs are not being used for storage of treatment plant effluent, was approved and the Mayor was authorized to execute same. Bakersfield, California, May 21, 1980 - Page 12 257 HEARINGS This is the time set for public hearing before the Council on an Appeal by Harold Knight for United Commercial Traveler Lodge Hall to the decision of the Board of Zoning Adjust- ment denying their application for a Conditional Use Permit to modify a prior Conditional Use Permit to allow the serving of alcoholic beverages to members and their guests in an R-3 (Limited Multiple Family Dwelling) Zone, affecting that certain property commonly known as 2430 - 19th Street. This hearing has been duly advertised and the property owners have been notified as required by law. Letters protesting the granting of a Conditional Use Permit to allow serving of alcoholic beverages have been received from: pation. Julius W. & William G. Bain 1931 Cedar Street Mrs. Pearl Sutton 1929 "A" Street Mayor Hart declared the hearing open for public partici- Mr. Nurl Renfro, co-owner of Theater Garden Apartments immediately across the street from subject building, spoke in opposition to issuing the Conditional Use Permit because it would add to the noise, litter and parking problems. Mr. George Webster, 1909 Cedar Street and co-owner of Theater Garden Apartments, spoke in opposition to issuing the Conditional Use Permit because it would add to the noise, litter and parking problems. Mr. Webster also submitted copies o£ two letters addressed to the Alcohol Beverage Control from Mr. & Mrs. Hugh M. Allen, 2502 18th Street, and James R. Parker, Jr., 2330 - 20th Street, requesting that they deny the application for a liquor license from United Commercial Traveler Lodge Hall. Mr. Ron Muckleston, representing United Commercial Travelers of America, requested that the Council grant the application 258 Bakersfield, California, May 21, 1980 - Page 13 for a Conditional Use Permit so they can serve alcoholic beverages during lodge functions. Marguerite Muckleston, representing the Women's Auxiliary of the United Commercial Travelers, outlined their funcations in the organization and requested that the Conditional Use Permit be 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. After discussion, upon a motion by Councilman Ratty, Zoning Resolution No. 275 denying Conditional Use Permit to permit the serving of alcoholic beverages to members and their guests on that certain property commonly known as 2430 - 19th Street, was adopted by the following roll cal~ vote: Ayes Councilmen Miller, Payne, Ratty, Barton, Christensen Noes: None Absent: None Abstaining: Councilmen Strong, Means This is the time set for public hearing before the Council on an Appeal by Patrick E. Jennison to the decision of the Board of Zoning Adjustment granting a Conditional Use Permit to Warner Amex Cable of Kern County to allow the construction, operation and maintenance of a sixty-foot high antenna tower with a six-foot diameter microwave receiver dish mounted at the fifty- seven foot level in an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone, affecting that certain property commonly known as 5401 Auburn Street. This hearing has been duly advertised and the property owners have been notified as required by law. Mayor Hart stated that due to a real or imaginary con- · flict of interest he would not participate in the following matter and yielded the chair to Vice-Mayor Barton. Bakersfield, California, May 21, 1980 - Page 14 259 Vice-Mayor Barton declared the hearing open for public participation. Mr. Frank T. Kasunick, 5213 Eastridge Court, spoke in opposition to the tower being constructed in a residential neighbor- hood. Mr. Patrick Jennison, 5229 Eastridge Court and an Attorney representing residents in the area, spoke in opposition to the tower being constructed in a residential neighborhood and also mentioned a water tank that has graffiti all over it that Warner Cable has agreed to paint if the Conditional Use Permit is granted. Mr. Joe Evans, 5301 Eastridge Court, spoke in opposition to the tower being constructed in a residential neighborhood, especially with small children in the area. Mr. Evans stated the tower, fence and location are not conducive to the mental and physical well-being of all the surrounding residents and he felt there are better alternatives available. Karen Preston, 5300 Eastridge Court, stated this would be an eyesore in the neighborhood along with the water tank, power lines and power plant and requested that the Council deny the application for the Conditional Use Permit. Cynthia Stiles, 5228 Eastridge Court, stated the tower would be a detriment to the resale of any homes in the area and questioned the possible health hazards from the microwave. Mr. Greg Schulze, 2713 Sierraglen Court, stated he felt the tower would be an additional blight to the neighborhood and expressed concern for the safety of the children in the area. Mr. Ralph Arias, 5204 Eastridge Court, spoke in opposition to the tower being constructed in their neighborhood. Mrs. Lois Kasunick, 5213 Eastridge Court, questioned putting the tower in this area rather than further to the east where there is vacant land. Mr. Greg Gallion, 5324 Eastridge Court, questioned the direction the dish will be pointed and the potential danger of the tower being constructed in a residential neighborhood. 260 Bakersfield, California, ~ay 21, 1980 - Page 15 Mr. Bob Campbell, 5309 Eastridge Court, spoke in oppositon to the tower being constructed in their neighborhood. Mr. William Swanson, representing Warner Amex Cable of Kern County, speaking in favor of granting the Conditional Use Permit to allow construction of the antenna tower, outlined what their project consists of, the size of the project and what they expect to accomplish by installing microwave in their Bakersfield system. Mr. Swanson stated he wanted to clarify that there is no health hazard or danger involved in that receiver. Mr. Swanson submitted photographs and plot plans of the area to the Council. No further protests or objections being received and no one else wishing to speak in favor, Vice-Mayor Barton closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Miller, hearing on an Appeal by Patrick E. Jennison to the decision of the Board of Zoning Adjustment granting a Conditional Use Permit to Warner Amex Cable of Kern County to allow the construction, operation and maintenance of a sixty-foot high antenna tower with a six-foot diameter micro- wave receiver dish mounted at the fifty-seven foot level in an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone, affecting that certain property commonly known as 5401 Auburn Street, was continued until the Council 1980. Meeting of July 2, ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 10:55 P.M. ~R~t e C~ MAY ield, ATTEST: ~ CIT~LER n~cio Clerk of the Council of &he City of t~akersfield, California Calif. ma Bakersfield, California, June 4, 1980 261 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., June 4, 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 Payne, Strong, Barton, Christensen, Means, Miller Councilman Ratty Absent: Minutes of the regular meeting of May approved as presented. SCHEDULED PUBLIC STATEMENTS 21, 1980 were Mrs. Eleanor Akers, District Manager of the local office of the Census Bureau, stated a "Complete Count Committee" was formed in each community to assist the nation's efforts in obtaining an accurate census count for the year 1980. Mrs. Akers presented Certificates of Appreciation to the following members of the Complete Count Committee for their efforts in the remarkable return of census data information from this area when compared with other communities in this state and nation: Robert Ashbeck Bernice Bonillas Joe Coley Shirley Davidson Maria-Esther Deanda Margaret Grant Georgia Hysaw Lynn Noel Adoption of Resolution No. 33-80 of the Council of the City of Bakers- field expressing their appreciation for the services rendered to Metro- politan Bakersfield by the "Complete Count Committee." Upon a motion by Councilman Barton, Resolution No. 33-80 of the Council of the City of Bakersfield expressing their appre- ciation for the services rendered to Metropolitan Bakersfield by 262 Bakersfield, California, June 4, 1980 - Page 2 the "Complete Count Committee," was adopted by the call vote: Ayes: Noes: Absent: Councilmen Payne, Strong, Miller Barton, None Councilman Ratty CORRESPONDENCE Upon a motion by Councilman Payne, following roll Christensen, Means, the Kern Chapter of the American National Red Cross, dated May 27, 1980, expressing their appreciation to the Bakersfield Fire Depart- ment for their assistance in replacing the rope on their flagpole, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Diane Meyer, dated May 31, 1980, resigning from the Board of Charity Appeals and Solicitations, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Moreland Engineering, Inc., dated May 30, 1980, requesting an amendment to the General Plan for commercial use of property in the northeast corner of Parcel Map No. 4997, located near the southeast corner of Pacheco Road and South "H" Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from Bakersfield Neon Sign Company, 519 Kentucky Street, dated May 30, 1980, requesting the Council to hear an Appeal regarding the Planning Commission's denial of their request for a sign for Bakers- field Self Storage, South, located at 4020 Wible Road, was received and Wednesday, July 2, 1980, was the date set for hearing the appeal. Upon a motion by Councilman Payne, Petition containing 123 signatures of residents requesting annexation of the area bounded on the north by Pacheco Road, on the east by Hughes Lane, on the south by Fairview Road and on the west by Freeway 99, was received and referred to the Planning Commission for study and recommendation. communication from 263 Bakersfield, California, June 4, 1980 - Page 3 COUNCIL STATEMENTS Councilman Miller requested a report on the City's policy for purchasing vehicles for various departments. Councilman Miller requested the Public Works Department to investigate a problem of people driving, etc., on a dirt path in the Panorama Drive area, south and east of Christmas Tree Lane, and report back to the Council with a recommendation. Councilman Miller asked how the failure of the Charter Amendment (Measure "A") will affect the City's C.E.T.A. Program. City Manager Bergen stated the City would revert back to part-time employees rather than C.E.T.A. employees. At the time the City entered the C.E.T.A. Program there was an agreement that if the Charter Amendment passed the program would proceed and if it failed the County would take the employees back. Upon a motion by Councilman Miller the Redevelopment Agency was requested to notify the Council prior to entering an agreement for their annual audit. Councilman Payne voted in the negative on this motion. Councilman Barton announced that he will hold a Town Hall Meeting, open to all citizens of Bakersfield but primarily with residents of the 7th Ward, on Thursday, June 5, 1980, at 7:00 P.M., in the Wilson Road Veterans Hall. Councilman Means requested a report from staff regarding the additional cost to the City for using part-time rather than C.E.T.A. employees. Councilman Means requested a report and recommendation from the Director of Public Works as to what can be done within the next two months to alleviate the traffic problems on Real Road, including the accident rate for the last year. Councilman Miller suggested that the Director of Public Works investigate the possibility of converting Real Road into a one-way street. 264 Bakersfield, California, June 4, 1980 - Page 4 REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 7-80 regarding Withdrawal from State SB 966 Deferred Payment Loan Program, as follows: On May 28, 1980, at the request of the City Council, the Budget Review and Finance Com- mittee reviewed the merits of the recommendation by staff that the City of Bakersfield withdraw from participation in the Deferred Payment Loan Program established under SB 966. It should be noted that providing safe, sanitary and decent housing for all segments of our community has been, and continues to be, a fundamental goal of this City Council. With this thought in mind, the Committee undertook a detailed analysis of those areas we felt were significant in evaluating the overall impact of the program to the City. Based upon the following key issues and con- siderations, the Budget Review and Finance Committee is recommending the City Council indicate its desire to withdraw from parti- cipation in this program. Those issues are as follows: Funds received from the State Department of Housing and Community Development for imple- mentation of this program in fact represent a loan from the State of California with an annual interest rate of 3%. Administration costs for soliciting, pack- aging, and servicing of the individual loans cannot, under normal circumstances, be absorbed by funds received from the State. Therefore, these direct costs must be absorbed by the participating city, thus adding an additional 4 to 5 percent (or $250-300) to the cost of each loan. There are additional annual administrating tasks that are the responsibility o£ the participating cities. These include monitoring tenancy standards and verifi- cations of payment of taxes and insurance. All loans granted under this program, except those issued to elderly individuals, are for a five-year term and are due in full at the end of that period. The total amount made available to the City of Bakersfield is $70,000. Assuming an average loan of $5,000, the City would be able to issue only 12-15 loans. In our opinion, this does not represent a signi- ficant number relative to the overall housing needs of the city. 265 Bakersfield, California, June 4, 1980- Page 5 It is estimated that the total cost of this program could run as high as 12 to 15 per- cent of the total funding amount, based upon the implementation and administration costs. We, therefore, recommend the following actions be taken: 1) Adopt a resolution indicating the City's desire to withdraw from the State Deferred Payment Rehabilitation Loan Program; and 2) Instruct the staff to monitor the sub- ject program for any changes to its basic requirements that might make it a more cost-effective, viable program in the future. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 7-80 regarding Withdrawal from State SB 966 Deferred Payment Loan Program was accepted; and staff was instructed to monitor subject program for any changes to its basic requirements that might make it a more cost-effective, viable program in the future. Adoption of Resolution No. 34-80 of the Council of the City of Bakers- field notifying the State of Cali- fornia that the City of Bakersfield does not wish to participate in the SB 966 Deferred Payment Loan Program. Upon a motion by Councilman Means, Resolution No. 34-80 of the Council of the City of Bakersfield notifying the State of California that the City of Bakersfield does not wish to partici- pate in the SB 966 Deferred Payment Loan Program, was adopted by the following roll call vote: Ayes Councilmen Payne, Strong, Barton, Christensen, Means, Miller Noes None Absent: Councilman Ratty City Manager Bergen reported that several weeks ago Councilman Means requested clarification of the Police Department's policy of issuing parking tickets to official cars. The Parking Meter Ordinance contains an exemption for all government vehicles, however, the Vehicle Code only provides for exemption of authorized Bakersfield, California, June 4, 1980 - Page 6 emergency vehicles. The car markers were confused on this point and this has now been corrected. All vehicles, including govern- ment vehicle~ with the exception of emergency vehicles, are subjeet to the time zones. Director of Public Works Hawley reported that on August 29, 1979, the Council adopted Resolution No. 66-79, which estab- lished sewer fees for the six month period from January 1 through June 30, 1980. This resolution authorized the base sewer charge to be collected by special charges shown on the County Property Tax bills and a surcharge to be added to high users through supplemental sewer billings. The base charges were added to the tax roll and the City has collected the money from the County Tax Collector. The staff has completed the calculations of surcharges that will be applied to those sewer users who have used large amounts of water or have had high strength waste. The City will be submitting additions to the tax rolls, utility companies, and tax exempt governmental agencies. Of the 44,000 connections to the sewer system, approximately 630 will receive the supplemental billings. These supplemental billings will be mailed within the next 30 days. Councilman Strong requested that these billings be re- viewed by the Budget Review and Finance Committee prior to being mailed. Director of Fire & Development Services Needham reported that the next Council and Planning Commission Workshop could be scheduled for Thursday, June 26, 1980, in the Venus Room of the Civic Auditorium. Councilman Means stated he understands the Association of Cities will be holding a meeting that same night and indicated that he would check into it and let Mr. Needham know. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6259 to 6411, inclusive, in the amount of $1,476,684.74. Bakersfield, California, June 4, 1980 - Page 7 (b) (c) (d) (e) (f) (g) (h) (i) Claim for Damages from Automobile Club of Southern California on behalf of Blanche M. Miner, 89 Cinnamon Lane, Bakersfield. (Refer to City Attorney) Claim for Damages from Stephen Parker Leonard, 3701 Rampart Street, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from R. A. Marin, 1705 Montgomery Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from State Farm Insurance Company on behalf of Kenneth Hollis, 1405 Wilson Road, Bakersfield. (Refer to City Attorney) Claim for Damages from Herbert Lee Martin, 1942 Madison Street, Bakersfield. (Refer to City Attorney) Street Dedication and Drainage Easement from Robert and Nance Brossard, providing dedication of Bricyn Lane and a portion of Burr Street and drainage easement over portions of Parcels 7 & 8 in Parcel Map No. 4104, located east of Gibson Street approximately ¼ mile south of Rosedale Highway. Street Dedication from Donald P. Chandler, Full Gospel Revival Center and Wilson- Bakersfield, a limited partnership, pro- viding for dedication of Chandler Court as required by the Planning Commission for Tract No. 4315, located south of Wilson Road, west of Freeway 99. Notice of Completion and Acceptance of Work on resurfacing portions of Valhalla Drive and Columbus Street, Contract No. 79-190 with Granite Construction Company. The Public Works Department recommends a 75 calendar day extension due to delays in repairing unstable areas and moving in equipment to remove pavement that was raveling. (j) Notices of Completion and Acceptance of Work for: Benton-Holden Storm Drain, Contract No. 80-52 with J. L. Denio. Construction of Curb and Gutter on various streets in the Lowell Addition, a Community Development Project, Contract No. 79-189 with Granite Con- struction Company. Tract No. 4180, Contract No. 79-151 with W. Watson Co., located at Seapines Drive and Barrington Street. 268 Bakersfield, California, June 4, 1980 - Page 8 (k) (m) (n) (o) (P) (q) Application for Encroachment Permit from Pacific Telephone & Telegraph Company for construction of a ½" conduit crossing the alley between 19th and 20th Streets east of "M" Street. Application for Encroachment Permit from Derrell S. Clark, 1301 Sylvia Drive, for construction of a 3 foot high redwood fence along the west property line ex- tending to back of sidewalk area (5' behind flow line). Application for Encroachment Permit from Beverly J. Squire, 5312 Krista Street, for construction of a 4 foot high chain link fence along back of sidewalk at 5312 Krista Street. Application for Encroachment Permit from Catarino C. Reyes, 618 - 6th Street, for construction of 4 foot high wrought iron and brick fence at back of sidewalk at 618 - 6th Street. Plans and Specifications for reconstruc- tion of White Lane between Shepard Street and Wible Road. Contract Change Order No. 1 to Contract No. 80-43 with Joel B. Mundorf, for construction of City Fire Station No. 9. This Change Order authorizes the installa- tion of a vapor recovery system for the gasoline pumps, as required by the Air Pollution Control District, and allows a substitution in the speci£ied gasoline and diesel pumps. These changes will result in a cost savings of $329.17. Contract Change Order No. 1 to Contract No. 80-48 with Granite Construction Co., for the Truxtun Avenue Extension - Phase II, F.A.U. Project No. M-F 252(1). This Change Order is necessary to: (1) provide pipe hangers for Southern California Gas Company under Gosford Road structures (City will be reimbursed for cost of this work); (2) install 120 L.F. of 36" R.G.R.C.P. to provide drainage from Carrier Canal to water percolation basin; and (3) provides for payment to contractor for on-the-job training to develop ? Journeymen in the types of trades employed. The require- ment is in accordance with Section 6-2, Federal Requirements for the contractors affirmative action program. The cost in- crease due to this Change Order is $11,100. $500.00 of this cost will be reimbursed to the City by Southern California Gas Co. Sufficient funds are available within the project budget for the City's share. Bakersfield, California, June 4, 1980 - Page 9 269 (r) Agreement between the City and Mt. Vernon- Panorama Sanitation District providing the City with an easement across Sanitation District property for better access to City-owned land in Section ll, T30S, R28E, located one mile south and one mile east of the Brundage Lane/Mt. Vernon inter- section. (s) Budget Transfer from Account No. 11-483- 6100, in the amount of $9,100.00, and Account No. 11-642-3500, in the amount of $5,738.58, to Account No. 83-483-7400 to complete construction of Squad Pumper for Fire Department. (t) Resolution of Intention No. 947 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Eye Street between 26th Street and 27th Street, in the City of Bakersfield, and setting Wednesday, July 2, 1980 for hearing on the matter before the Council. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s) and (t) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Strong, Barton, Christensen, Means, Miller Noes: None Absent: Councilman Ratty ACTION ON BIDS Upon a motion by Councilman Barton, low bid of Granite Construction Company for asphalt concrete pavement on Wilson Road between South "H" Street and Chester Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of James G. Francis for asphalt concrete pavement on portions of White Lane, Gosford Road and Half Moon Drive, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Berchtold Equipment for Backhoe and Loader, was accepted and all other bids rejected. 270 Bakersfield, California, June 4, 1980 - Page l0 Upon a motion by Councilman Strong, low bid of Valley Tree and Construction for demolition and removal of structures at various locations, was accepted and the other bid rejected. Upon a motion by'Councilman Christensen, low bid of Abate-A-Weed for Lawn and Garden Tractor, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2562 New Series of the Council of the City of Bakersfield repealing portions of Chapter 11.04 of the Municipal Code, Speed Zones. Upon a motion by Councilman Payne, Ordinance No. 2562 New Series of the Council of the City of Bakersfield repealing portions of Chapter 11.04 of the Municipal Code, Speed Zones, was adopted by the following roll call vote: Ayes: Councilmen Payne, Strong, Barton, Christensen, Means, Miller Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2563 New Series of the Council of the City of Bakersfield authorizing the estab- lishing of Speed Zones on streets in the City of Bakersfield. Upon a motion by Councilman Payne, Ordinance No. 2563 New Series of the Council of the City of Bakersfield authorizing the establishing of Speed Zones on streets in the City of Bakers- field, was adopted by the following roll call vote: Ayes: Councilmen Payne, Strong, Barton, Christensen, Means, Miller Noes: None Absent: Councilman Ratty Adoption of Resolution No. 35-80 of the Council of the City of Bakers- field establishing the Official List of Designated Special Speed Zones, pursuant to Section 11.04.033 of the Bakersfield Municipal Code. Bakersfield, California, June 4, 1980 - Page 271 Upon a motion by Councilman Payne, Resolution No. 35-80 of the Council of the City of Bakersfield establishing the Official List of Designated Special Speed Zones, pursuant to Section 11.04.033 of the Bakersfield Municipal Code, was adopted by the following roll call vote: Ayes: Councilmen Payne, Strong, Barton, Christensen, Means, Miller Noes: None Absent: Councilman Ratty NEW BUSINESS Adoption of Resolution No. 36-80 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change re- sulting from Annexation No. 280, LAFCO Proceeding No. 708 (Fairview No. 1). The Fairview No. 1 Annexation cannot be finalized until there is a negotiated exchange of property tax revenues between the County and City. The County has agreed, by resolution, to the exchange of property tax revenues and the annexation will be completed upon the City's acceptance as provided in this resolution. Upon a motion by Councilman Barton, Resolution No. 36-80 of the Council of the City of Bakersfield providing for the adjust- ment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 280, LAFCO Proceeding No. 708 (Fairview No. 1), was adopted by the following roll call vote: Ayes: Councilmen Payne, Strong, Barton, Christensen, Means, Miller Noes: None Absent: Councilman Ratty Approval of Joint City/County Agree- ment with the Fair Housing Congress of Southern California to conduct a Fair Housing Educational Program. The City/County Com3nunity Development staff have been jointly working to develop a Fair Housing Education Program to 272 Bakersfield, California, June 4, 1980 - Page 12 comply with the Housing and Community Development Act of 1974. The program will help make residents of Bakersfield and Kern County aware of the existing Federal and State Fair Housing Laws. The total cost of the program is $18,350 and the City's portion is $7,340. Funds for this activity were approved in the 1979-80 Community Development Block Grant. Upon a motion by Councilman Strong, Joint City/County Agreement with the Fair Housing Congress of Southern California to conduct a Fair Housing Educational Program, was approved and the Mayor was authorized to execute same. Approval of Agreement with California Housing Finance Agency (CHFA) for participation in Home Ownership Home Improvement (HOHI) Loan Program from July 1, 1980 through December 31, 1980. This agreement will allow the City's continued partici- pation in the Home Ownership Home Improvement (HOHI) Program which provides low-interest loans for new construction, mortgage assistance and rehabilitation financing. In the first round of funding, CHFA funded $4,000,000 for the Bakersfield area. Upon a motion by Councilman Strong, Agreement with California Housing Finance Agency (CHFA) for participation in Home Ownership Home Improvement (HOHI) Loan Program from July l, 1980 through December 31, 1980, was approved and the Mayor was authorized to execute same; and earlier commitment made by staff regarding traveling to State agency, was reaffirmed. Approval of Agreement between the City and Kinemetrics, Inc., for maintenance of Strong Motion Accelerographs in buildings at three separate locations in the City of Bakersfield. This maintenance is to assure that each instrument operates satisfactorily and that any acquired data will be reliably calibrated and complete. The service provided by the agreement will cost the City $400.00 per year for each set of three instru- ments for a total cost of $1,200.00 per year. Funds are available in the current budget for the Building Department. Bakersfield, California, June 4, 1980 - Page 13 273 Upon a motion by Councilman Christensen, Agreement between the City and Kinemetrics, Inc., for maintenance of Strong Motion Accelerographs in buildings at three separate locations in the City of Bakersfield, was approved and the Mayor was authorized to execute same. Approval of Agreements between the City and American Baptist Homes of the West, Housing Authority of Kern County, and Bank of America Building granting the City access to their property for the purpose of servicing, maintaining and extracting data from Accelerographs. These agreements allow the City free and unrestricted access to three accelerographs in each of the three separate buildings. The data would be the accelerographs' recording of seismic activity. The instruments are set to provide a continuous recording o£ strong motion for a maximum time interval when the magnitude of acceleration exceeds a preset minimum. Developed recordings will be provided to the Seismic Engineering Group U.S. Geological Survey for analysis of structural reactions and for use in formulation of future changes in the building codes. Upon a motion by Councilman Christensen, Agreements between the City and American Baptist Homes of the West, Housing Authority of Kern County, and Bank of America Building granting the City access to their property for the purpose of servicing, maintaining and extracting data from Accelerographs, were approved and the Mayor was authorized to execute same. Approval of Agreement between the City and California Water Service Company for the operation and maintenance of the Ashe Water System. This agreement was approved for Council action at the May 28, 1980, meeting of the C~ty Water Board. Upon a motion by Councilman Barton, Agreement between the City and California Water Service Company for the operation and maintenance of the Ashe Water System, was approved and the Mayor was authorized to execute same. 274 Bakersfield, California, June 4, 1980 - Page 14 Approval of Agreement with Security Transport for prisoner transportation. For a number of years the Police Department has utilized the services of Security Transport for prisoner transportation when a prisoner is over 100 miles away. This has proven to be very cos:t effective and the renewal reflects an increase per mile from $.30 to $.36 due to higher fuel costs. Upon a motion by Councilman Payne, Agreement with Security Transport for prisoner transportation, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City and Joint Venture of John Carollo Engineering and Quad Consultants, Inc., providing the terms and conditions for preparation of Step I Facilities Plan for the City's Wastewater Treatment Plant No. 3. The agreement requires the Engineer's to prepare an expansion and upgrading plan for the plant, including preparation of a Revenue Program, Financial Plan and Environmental Impact Report. The Facilities Plan will be a supplement to the West Side Sewer Study, a cooperative project by the City, County of Kern and Kern County Council of Governments. A major portion of the Facilities Plan has been completed through this cooperative project and this agreement will permit the completion. Federal or State grant funds are not available in the present Federal fiscal year to fund the cost for completing the Facilities Plan. The estimated cost for the plan is $17,000 and in order to develop a plan for the expansion of Plant No. 3 to serve the growth of the southerly and westerly portions of the City, the Public Works Department recommends that available funds in the Southwest Sewer Bond Account be used for completion of the Facilities Plan. Upon a motion by Councilman Payne, Agreement between the City and Joint Venture of John Carollo Engineering and Quad Consultants, Inc., providing the terms and conditions for preparation 275 Bakersfield, California, June 4, 1980 - Page 15 of Step I Facilities Plan for the City's Wastewater Treatment Plant No. 3, was approved and the Mayor was authorized to execute same. Acceptance of Progress Report No. 2 concerning Senior Citizens Center within the City of Bakersfield, staff authorized to investigate options on priority sites, staff and Task Force authorized to continue on Phase 2 and report back to the Council at next meeting. Progress Report No. 2 from Community Development Staff/ Senior Center Task Force, dated May 30, 1980, regarding Senior Citizens Center was submitted to the Council, as follows: BACKGROUND The Senior Citizen Center Task Force was formed to assist the Community Development staff to develop a senior center program as part of the Community Development Block Grant Program. The purpose of the study is to provide necessary information as to the feasibility, accessibility, uses, size, location of available sites, methods of maintenance and design. At the October 3, 1979 City Council meeting, Progress Report No. 1 was submitted for the Council's consideration and recommendations. As part of Phase I, the general location was identified, (Census Tract 20-bounded by California Avenue, Chester Avenue, Brundage Lane and Union Avenue) and the types of services and activities to be available at the Center. It was the consensus of the Task Force that the activities would include a hot congregate meal program, first aid, outreach, recreation and social activities. The Task Force was also awaiting the determina- tion from the Bakersfield School District as to whether any school sites were scheduled to be closed and would be available to the City to convert to a Senior Citizen facility. The findings of the Task Force were endorsed by the Council on October 3, 1979. The Community Development staff was also authorized, with the assistance of the Task Force, to continue with Phase 2 by: l) making a more precise site selection; 2) consider potential operating agencies and means of administering and maintaining a Center; 3) determining services and activities to be provided; and 4) preparing preliminary design for the develop- ment of the preferred site. 276 Bakersfield, California, June 4, 1980 - Page 16 SITE SELECTION The Community Development staff investigated available sites in and around CT 20 that could accommodate the proposed facility (a 10,000 sq. ft. building and required parking). Nine sites were identified and members of the Task Force surveyed the sites to determine which sites would be the most appropriate. The criteria used for the selection of the most appropriate site, in order of importance are: 1. Minimum of two acres. 2. Favorable environment. 3. Accessible to public transportation. 4. Accessible by existing road system (major streets) and freeway for private vehicle. 5. Close to marketing and other public services. 6. Close to housing for the elderly. 7. Additional land available adjacent to site for expansion. 8. Minimal amount of displacement. 9. Reasonable cost. The Task Force, in reviewing the available sites at this time, has established a priority list of appropriate sites. Staff has contacted the field representative from the Department of Housing and Urban Development in an attempt to develop a procedure to expedite obtaining the necessary funds to negotiate an option for the site to be developed. The most appropriate site selected by the Task Force is identified on the map supplied to the committee. Other sites inspected are not as accessible and are too remote from marketing and other public services. Staff concurs with this selection and requests authorization to proceed to acquire and develop it as a senior center. POTENTIAL OPERATING AGENCIES The Kern County Economic Opportunity Corporation (KCEOC) currently provides social and nutritional services for senior citizens in Bakersfield and other communities in the County. This agency has been the only one, to date, that has ex- pressed an interest in operating the senior center. Staff level conferences are currently underway to develop a mutual understanding of the obligations involved and resources available to assure their fulfillment. Future progress reports will identify the ex- tent of these obligations and related resources, the extent of services and activities that should be provided at the facility, and site development proposal. Bakersfield, California, June 4, 1980 - Page 17 9 77 priority sites; on Phase 2; and meeting. RECOMMENDATION The Task Force recommends that the City Council endorse the recommendation that the most appropriate site (priority one) provides the most opportunities for the senior facility and that staff be authorized to investigate options on priority one to be developed as a senior center. Also, authorize staff with the assistance of the Task Force to continue with Phase 2 of this project by: 1) finalizing the operating agencies and means of administering, maintaining and operating the senior center; 2) preparing preliminary design for the development of the most available site; and 3) proceeding with necessary environmental review for the project. During discussion, City Manager Bergen stated one of the major problems is that a lead agency has not been selected to operate the building when it is completed. Councilman Strong stated the City, or whoever is deter- mined to be the lead agency, could plan better if they had sites to consider and plans were developed around those sites so costs could be estimated. Councilman Barton stated as soon as Councilman Ratty returns an Intergovernmental Relations Committee meeting can be held to discuss the sites and the Committee's recommendations can be presented to the Council well in advance of the next Council Meeting. Upon a motion by Councilman Strong, Progress Report No. 2 concerning Senior Citizens Center within the City of Bakersfield, was accepted; staff was authorized to investigate options on staff and Task Force were authorized to continue a report is to be made to the Council at the next Authorization granted to receive bids for the purchase of a new or demon- strator mobile-type Grinder to replace the heater planer used by the Street Division. Due to the high maintenance and operation cost of the heater planer, 1980-81 budget, the Public Works Department requested, in the it be replaced with a mobile-type grinder capable 278 Bakersfield, California, June 4, 1980 - Page 18 of grinding both concrete and asphalt surfaces. However, Public Works located a demonstrator in excellent condition which is presently available for $45,500 or approximately $9,000 below the cost of a new machine. Funds are available in Account No. 81-484-6100, Equipment Replacement Unapplied Appropriation~ to purchase this equipment at this time. Upon a motion by Councilman Strong, authorization was granted to receive bids for the purchase of a new or demonstrator mobile-type Grinder to replace the heater planer used by the Street Division and Budget Transfer from Account No. 81-484-6100 to Account No. 81-484-7300, in the amount of $45,500, was approved. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:15 P.M. Calif. ATTEST: CITY~RK anco Clerk of the Council of t~e City of Ba~rsfield, California ma Bakersfield, California, June 16, 1980 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., June 16, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Ratty, Strong, Barton, Christensen, Means, Miller Councilman Payne Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 8-80 regarding Operating Budget for Fiscal Year 1980-81, as follows: It is the responsibility of the Budget Review and Finance Committee to review and make recom- mendations on the proposed annual Operating Budget. It is important that action be taken on these operating amounts prior to the beginning of the next fiscal year. In order to obtain a greater insight into the City's operations, we met with each of the department heads, except one, and discussed at great length the various programs, program objectives and service levels under their administration. The budget format is similar to that of last year. The budget has been divided into the six major service areas -- Management Services, Environmental Services, Development and Trans- portation Services, Public Safety Services, Recreation and Cultural Services and Support Services. In turn, these service areas are further split into the various programs and sub-programs that make up each major service area. Major specific objectives to be achieved during the year are also listed for each sub- program. The Operating Budget discussed in this report consists of the operating expenses and fixed asset purchases proposed for the General Tax Rate Category and operating-type expenditures within the Community Development Block Grant and Gas Tax which are included in the Restricted Agency Category. Operating expenses consist basically of materials, supplies, utilities, etc. Fixed assets consist of departmental capital outlay items, e.g., office equipment, automotive equipment, communication equipment, etc. The Operating Budget does not include salaries and supplemental benefits nor capital improvement projects. The Governmental Efficiency and Personnel Committee will make recommendations on all salary matters. The 28O Bakersfield, California, June 16, 1980 - Page 2 entire City Council will review the proposed Capital Improvement Program which was evaluated by the Planning Commission. The departmental operating budgets have again been prepared in a manner to reflect the total costs of providing a particular program. This is accomplished by the inclusion in the budgets, where applicable, of the following accounts: (1) Custodial Services Cost Allocation, Object No. 5300; (2) Administrative Cost Allocation, Object No. 5400; and (3) Rental Internal Organizations, Object No. 6200. The Custodial Services Cost Allocation is re- flected in those programs which receive custodial services. In the case of programs located in City Hall, each program is charged for their proportionate share of the maintenance costs of City Hall based on their total square footage of office space. Programs operating outside of City Hall are charged based on the cost of the employees and materials involved in performing the services. The Administrative Cost Allocation entails an allocation of the cost of staff programs (i.e., City Manager's Office, City Clerk, City Attorney, and Finance) to the various line programs (i.e., Police, Fire, Public Works, etc.) based on the percentage that the cost of each line program bears to the total cost of all line programs; the theory being that staff programs are designed to provide services to the line pro- grams. The allocations are, of course, deducted from the budgets of the staff programs as "Costs Applied," Object No. 0001, so that the total City budget remains unchanged. The Equipment Maintenance Division of the Public Works Department provides a central equipment pool for all departments except Fire. All departments using this equipment are charged a rental rate which reflects the total cost of maintenance and a replacement allowance. This rental charge is reflected in each using department's budget under the account entitled, "Rental Internal Organizations," Object No. 6200. The total rental charges are taken as a reduction in the budget of the equipment maintenance program as "Costs Applied," Object No. 0001, so that the total City budget is not changed. These rental rates are adjusted annually to reflect the cost of operating the equipment. When considering the operating budget, it is important for both the Council and the public to understand the effect of growth and develop- ment on City operations, i.e., demand for services. The following are some statistics to illustrate this point which indicate the increases the City has experienced over the last year: Bakersfield, California, June 16, 1980 - Page 3 Population 98,400, up from 91,900 Street miles - 400 miles, up from 367 Park acreage - 216 miles, up from 207 Sewer miles - 462 miles, up from 440 Tentative-subdivisions approved - 147, up from 127 City construction projects - 128, up from 117 Police calls for services - 74,800, up from 70,100 Police patrol miles - 1,495,000 miles, up from 1,435,000 Fire call outs 4,335, up from 4,000 The following is a summary of the Operating Budget indicating (1) the amount proposed for each City program, (2) the increase or decrease over the amount approved last year, (3) perti- nent comments concerning the items included in the specific budgets, and (4) a page number reference to the applicable budget in the preliminary budget book. MANAGEMENT SERVICES Mayor - (Page 19) $6,610 (no change) The proposed operating budget is the same as last year. City Council - (Page 21) - $567,300 (+$57,700) The increase results from budgeting for the contract with the SPCA at the current funding level. The SPCA is requesting the contract be continued at the present level for 1980-81. City Manager (Page 28) - $237,455 (+$47,355) Of this increase, approximately $42,000 relates to funding for four Councilmatic elections. This year's budget contained funds only for the Mayor's election. The remaining increase results from higher charges for pre-employment physical examinations and legal advertising. Additional filing cabinets, replacement o£ two secretarial chairs, additional metal shelving for the vault in the City Clerk's office and replacement of a very old typewriter and tape recorder, both requiring many service calls are capital outlay items being proposed for purchase. Councilman Miller suggested that sometime in the £uture a Charter Amendment be submitted to the voters changing the date of Council elections to coincide with the November General Elections to save money. 282 Bakersfield, California, June 16, 1980 - Page 4 Community Promotion - (page 33) - $21,000 (no change) There is no change proposed in the contract with the Chamber of Commerce for Industrial Promotion. However, the Committee would re- quest the Chamber to make a report to the Council on their activities related to Industrial Promotion discussing the effectiveness related to those activities. Insurance (Property and Liability - (Page 36) - $50,000 (-$315,000) This budget provides for the premiam for fire insurance and the coverage for the City's self- insured liability program. As a result of favorable experience in our self-insurance program, it is not necessary to fund any monies this year for the liability coverage. However, this will only be a one time benefit. ENVIRONMENTAL SERVICES Wastewater Services - (Page 48) - $1,437,150 (+$728,550) This increase is primarily attributable to two items, the first being the inclusion of the lease payment, in the amount of $315,000, to the Southeast Bakersfield Wastewater Facilities Corporation. As the Council may recall this nonprofit corporation was the entity utilized to sell the lease revenue bonds which repre- sented the City's share of the cost to upgrade the treatment plant in the southeast. The City will lease the plant for the duration of the bonds and when the bonds are paid off, the plant will then belong to the City. The lease payment is equivalent to the annual debt service. The debt service during construction was funded in the bond issue. The second item accounting for this increase is the greater request for electricity. As the plant will be in operation for the entire year and due to the higher treatment, there will be a significant increase in the use of electricity. The Committee has reviewed the proposed Sewer Service Charges and Surcharges for 1980-81 (see Attachment #1). As the Council may recall, this user charge was a Federal requirement when the City accepted the grant in 1976 for the upgrading of the Treatment Plant #2. The charge was in existence for six months, January through June, of the current fiscal year at $1.30 per month for a residence. As a result of the items described above and the plant being in operation for the entire year, the charge for a residence will be $2.20 per month. When the revenue plan was adopted by the City Council in September, 1978, it was estimated the charge would be $3.50 per month, however, due to higher Bakersfield, California, June 16, 1980 - Page 5 283 Revenues, as an example the amount of the Sewer Farm Lease and lower operating expenses than originally anticipated, the charge is signifi- cantly lower. The Committee is satisfied with the manner in which the charge was computed and a considerable effort has been made to keep the charge to the minimum. It should also be noted that this sewer enterprise operation has been established in a separate fund and any excess revenues and budget savings will be credited toward the next year's computation of the charge. Refuse Management Services - (Page 53) - $2,102,475 (+$479,465) This higher request results from an adjustment in internal equipment rental rates and due to growth in the City, anticipated greater pay- ments to the outside refuse collectors. The outside collectors have submitted a request for a rate increase of 15%. The Committee has reviewed the material submitted by the outside collectors to justify their request and met with their representatives to discuss the matter. The Committee is favorable toward some increase, however, we would recommend deferral of this matter pending the resolution of salary negotiations and finalization of other budget matters. DEVELOPMENT AND TRANSPORTATION SERVICES Development Services Administration - (Page 63) - $487,470 (+$343,790) This program consists of the Development Ser- vices Administration within the General Fund and the Community Development Administration within the Community Development Block Grant. The increase in this program is attributable to the $300,000 within the Community Develop- ment Block Grant proposed for the City's share of the Senior Citizens Center and $35,000 included for the estimated cost of a study to develop a cost-revenue model to evaluate annexations and developments within the City. Planning - (Page 69) $71,085 (-$12,785) The decrease results from budgeting $15,000 in the current year for professional and consulting services to assist in the revision of the City's Zoning Ordinance. There is no request for pro- fessional and consulting services in the pro- gram for 1980-81. This decrease was offset by a higher legal advertising request resulting from a change in the State law regarding sub- division and parcel maps and additional office supplies due to price increases and greater volume. Fixed asset requests include drafting equipment for Advanced Planning and additional filing cabinets. The Council had referred to this Committee the matter of considering paying Planning Commissioners Bakersfield, California, June 16, 1980 - Page 6 and other members of commissions. It has been a concern of a number of Councilmen due to the amount of time and effort expended by appointed members of the Planning Commission and the three Civil Service Commissions. Attachment #2 reflects the results of a survey made of other cities in the San Joaquin Valley. The results indicate it is not an uncommon practice in other major cities. Therefore, this Committee would recommend that the appointed members of the Planning Commission and three Civil Service Commissions be paid $25 per regular meeting not to exceed $100 per month. Councilman Ratty stated he feels that by making a decision to pay Planning and Civil Service Commissioners the Council is changing a basic fundamental policy of the City and suggested that the matter be submitted to the voters for a decision. Public Works Administration (Page 74) $59,255 (-$2,230) This decrease results from the combination of a lower administrative cost allocation offset by higher internal rental and custodial services cost allocation. The replacement of a 15 year old typewriter which is experiencing numerous breakdowns is being requested. Engineering Services - (Page 78) - $172,820 (+$10,470) Higher internal equipment rental charges and requests for fixed assets account for this increase. The second survey crew added this year has been using a 20 year old transit and a more efficient instrument is necessary. In order to upgrade our soils and materials laboratory, the replacement of a mechanical compactor and portable shaker is being requested both of which are over 20 years old. In addi- tion, radio pagers are proposed for inspectors as it is very difficult to contact them when they are working around construction equipment and making inspections. This would assist in more efficient work scheduling. Streets (Page 82) $1,221,640 (+9308,750) Of this increase, 9250,000 is attributable to additional funds necessary for street materials as a result of price increases. This is needed in order to purchase basically the same quantities as in the current fiscal year. The remaining increase is due to higher internal equipment rental charges. Traffic Control - (Page 87) - $391,440 (+$36,280) This increase results primarily from the follow- ing requests (1) an additional $4,700 for traffic signal maintenance supplies due to the addition of twelve signalized intersections (2) an addi- tional $27,000 for traffic paint caused by City growth and price increases of approximately 50% Bakersfield, California, June 16, 1980 - Page 7 and (3) an additional $4,000 £or aluminum sign panels and reflective sheeting for street signs due to a 35% price increase and greater quantities as a result of City growth. The program to replace deteriorating button type stop signs with reflective sheeting panel signs will be approximately 50% complete after this next fiscal year. Fixed asset requests include recording traffic counters, a pager for any one of the electricians who is assigned to be on stand-by and eight- station intercom for the Equipment Maintenance Building at the Corporation Yard. PUBLIC SAFETY SERVICES Police Services - (Page 107) - $1,902,425 (+$57,215) The total of the operating materials and charges accounts reflect an increase of approximately $152,500, however, the fixed asset requests are $95,300 lower. The following requests account for the increases: (1) Utilities - anticipated rate increases of 40-50% for gas and electric. (2) Other outside services and charges $45,000 for the human relations training authorized by the Council and $15,000 additional for School Crossing Guards due to an additional guard authorized by the Council during this year and an increase in the minimum wage, which is one of the cost factors in the contract for these services. (3) Rental outside organizations - increase in the rate for the rental of undercover cars and additional rental on equipment as a result of the purchase of more word processing equipment. (4) Rental internal organization - higher internal equipment rental charges as a result of rate adjustments, and (5) Stationery and office supplies and chemical materials - price increase and greater usage. Of the $49,000 for fixed assets, two items account for half of this amount. The replace- ment of a 30 year old microfilm machine, at a cost of $7,150, is being requested. Parts are no longer obtainable and maintenance costs are excessive for the present machine. It is necessary to retain certain records which is mandated by State and Federal laws and a more efficient machine would expedite this process considerably. The replacement of a forensic 286 Bakersfield, California, June 16, 1980 - Page 8 microscope, at a cost of $16,800, is considered a very high priority. The present one is over 30 years old and is no longer adequate. The State and County can no longer perform these services for us on a timely basis due to their workloads. It is vital in most instances to have this work accomplished as rapidly as possible to aid in an investigation. The City has received a request for a School Crossing Guard at McKinley School. The Public Works Department (see Attachment #3) has studied this and indicates it meets the standards. We would, therefor~ recommend an additional $6,000 be allocated for this purpose. Fire Services - (page 118) - $964,560 (-$103,085) The total o£ the operating materials and charges accounts re£1ect an increase of approximately $16,800, however, the fixed asset accounts are approximately $120,000 lower. The increase in the operating materials and charges accounts primarily result from higher requests for utilities, due to anticipated rate increases, fuel, due to price increases and equipment replacement provision, due to higher requirements over the next few years. These increases are offset by a decrease in the administrative cost allocation. The large decrease in fixed assets results from a significantly lower requirement for fire hydrants, due to the slowdown in housing construction. It should be noted that the $83,600 budgeted for fire hydrants and most of the $6,500 for hydrant bury extensions will be recovered from developers. Other fixed asset requests include an additional Hurst rescue tool, in the amount of $7,000, to be placed in service for the southwest sector of the City. This is used to rescue persons trapped in vehicles. The regular replacement of five portable radios, at a cost of $8,000, which are approximately fifteen years old is also requested. Parts for the present radios are difficult to acquire and they do not have the multi-channel capability required for emergency use. Building Services - (Page 127) - $581,650 (-$7,135) This program includes the Building Services funded within the General Fund and the Housing Rehabilitation effort within the Community Development Block Grant. The Operating Budget of the City's Building Inspection Program is only approximately $280 higher than last year, thus Housing Bakersfield, California, June 16, 1980 - Page 9 287 Rehabilitation shows a decline of about $7,300. The thrust of the Housing Rehabilitation Program will again be in the following three areas: (i) Low Interest Loan Program - as a result of additional personnel recently approved by the Council, it is estimated the number of loans can be increased from 50 to 150 per year. (2) Direct Housing Assistance: (a) Kern County Housing Authority funds used for modernization programs at the Ora Vista and Alta Vista Public Housing projects. (b) Handyman Project - funds allocated for the purchase of materials for minor home repairs with the labor provided through one of the local Carpenters' Union. Repair and Demolition - (Page 132) - $10,000 (-$35,00O) This budget provides for the demolition o£ dangerous buildings. City £unded program costs are ultimately assessed against affected property and collected through the tax rolls. The decrease in this budget results from the Community Development funds generally budgeted for the demolition of substandard, abandoned or fire damaged structures inadvertently being included in their buildings services program. There is $70,000 of Community Development funds budgeted for this purpose. This will be corrected in the final budget document. Street Lighting - (Page 134) - $740,280 (+$240,055) As of April, 1980, the City was paying electricity costs for 5,220 street lights which represents a 41% increase from the 3,697 a year ago. This increase coupled with an anticipated 40% rate increase results in the higher request for next year. In an effort to keep energy costs down, the City is requiring all new lights installed by developers to be high pressure sodium which are more energy efficient. In addition P. G. & E. has a five year replacement program to install high pressure sodium lights on those which they own and the City is paying energy costs for. RECREATION AND CULTURAL SERVICES Recreation (page 145) - $134,120 (-$28,510) As the Council will recall this budget was approved in April to enable the Recreation Department to begin their hiring for summer programs. The decrease in this program primarily results from transferring $24,000 of utility costs (electricity and gas) for the swimming pool in the California Avenue Park to the City's Bakersfield, California, June 16, 1980 - Page l0 Parks Department budget as the pool is operated by the Parks Department and not the California Avenue Park Neighborhood Facility. Parks - (Page 151) - $783,785 (+$35,365) The Operating Budget of the Parks is directly affected by the amount of park acreage and improvements in the parks. When the projects currently being worked on are completed in the next fiscal year, the park acreage will be increased by another 10%. In addition, the tree maintenance activity within the parks program will have an additional 40 lineal miles of right-of-way and 26 new drainage sumps or about 36 acres which were added to the City in 1979-80. It is estimated 35 new sumps will be added in 1980-81. Hence, many of the operating accounts are higher due to increased quantities and higher prices for the numerous supplies and materials necessary to maintain existing and these additional park areas, right-of-way and sumps. In addition, utility costs are higher due to anticipated rate increases and the transfer of costs from the pool in California Avenue Park, previously discussed. An adjustment of internal equip- ment rental charges also increases this budget. The fixed asset requests include flow meters to be installed at the swimming pools at Jefferson, California and Beale Parks to meet State Health Department standards, replacement of a worn and inefficient irrigation booster pump at Beale Park and the replacement of corroded chlorinator pumps at California Avenue and Jastro pools. In addition, funds are requested to continue the program of replacing obsolete sprinkler heads and wooden picnic table planks with aluminum planks to reduce maintenance costs. Auditorium - (Page 156) - $334,030 (+$3,945) The total of operating materials and charges actually reflects a decrease of $8,875, however, fixed asset requests are $12,820 higher. The decrease in operating materials and charges primarily results from a lower administrative cost allocation and adjustments in utility costs. Proposed fixed asset purchases include $4,000 for a ticket counter which will result in a more efficient box office operation by reducing the time presently spent counting tickets by hand for verification of tickets received and verifying tickets unsold for the final accounting of shows, and also better control over daily ticket sales. The anticipated annual manhour savings is estimated at $600. The purchase of a super trouper spotlight at a cost of $6,000 is also requested. The City presently has four Bakersfield, California, June 16, 1980 - Page 289 and two more are needed. We are proposing to purchase one this year and another next year. These items are rented to numerous shows and the cost would be recovered within a year. Also proposed is the purchase of an additional ten (10) sections of portable staging at a cost of $15,000. This represents the second year of a three year program. These are utilized to set up head tables for dinners, conventions, etc. The purchase last year enabled us to set up one tier, however, some events require two and even three tiers. This three year program would enable us to meet these needs. Presently, to set up and take down one tier requires about 24 manhours which is done about 60 times per year. This task can be accomplished in 1½ hours with this staging. The other major item is a request of $2,500 to replace 10 year old and worn out booth drapes. These are used to set up booths for conventions and trade shows and are also rented for $10 to $20 per booth. Cunningham Art Gallery - (Page 161) - $3,970 (-$5,560) This reduction results from a lower custodial services cost allocation as the maintenance time has been adjusted to actual. There is no change in service. A letter from the Bakersfield Art Association had been referred to this Committee requesting certain improvements at the Gallery. One of the requests for a counter top in the kitchen has already been accomplished by Public Works at a nominal cost. The second request for a new ceiling in the Gallery entrance-lobby has been estimated to cost $1,000 by the Public Works Director and we would recommend approval. The final request for sidewalks encircling the west and south sides including an access walk to the wheelchair ramp for wheelchair visitors to gain accessibility to the Gallery is estimated to cost $2,500. This project qualifies for Community Development Block Grant funds and we would recommend it be accomplished with these grant funds. SUPPORT SERVICES Finance - (Page 174) - $73,765 (+$5,685) The higher request is due to including the internal equipment rental charge for the vehicle utilized by the employee who performs accounts receivable and business license field work for the Cash Management Division and higher fixed asset requests. The replacement of an 18 year old typewriter and a 25 year old cash receipting machine are the major items being proposed. 29O Bakersfield, California, June 16, 1980 - Page 12 Data Processing - (Page 180) $217,030 (+$32,230) The Council recently approved the first phase of an upgrading and modernization in the data processing operation of the City. The budget for next year reflects the cost of completing the second and final phase which will result in adding the programs necessary to place the Police, Fire, Building, Planning and Public Works Departments onto the new system. In addition, there is the one time cost of having to operate both the present and new system for a number of months until the complete change- over is made. It should be noted that the overall budget does reflect a decrease and the decrease in the 1981-82 budget will be very significant when these one time and up-front costs are no longer necessary. City Attorney - (Page 185) - $37,135 (-$5,895) The decrease results from a lower administrative cost allocation, the reduced cost of a lease purchase on word processing equipment rather than a straight lease and lower request for stationery and office supplies. General Services - (Page 190) - $330,935 (+$43,360) Higher utility costs of $20,800 due to antici- pated rate increases and an increased require- ment for materials and supplies which include the cost of materials for some remodeling work in the Police Department (mainly to provide for a report writing area for officers adjacent to the squad room) accounts for part of the increase. The cost of making a new entrance in the rear of the Civic Auditorium to make the arena more accessible for shows and also so the seat risers do not have to be moved, causes the rest of the increase. Equipment Management - (Page 195) - $1,974,795 (+$242,065) Equipment Management is responsible for the maintenance of approximately 550 pieces of equipment for all departments except Fire. The request for operating materials and charges is approximately $450,000 higher, however, fixed asset requests are about $210,000 lower. The increase in operating materials and charges is primarily related to the request for fuel and equipment parts. This division is presently maintaining approximately 40 more pieces of equipment than last year. This coupled with City growth and price increases account for the higher request. The Council recently approved a budget transfer which added $160,000 to the equipment parts and $130,000 to the fuel accounts for this fiscal year. As an example, we are presently paying 60% more for fuel than at this time last year and further increases are expected. Bakersfield, California, June 16, 1980 - Page 13 9,91 As a result of the increases above it was necessary to adjust the internal equipment rates charges the various departments by 15% to more realistically reflect the cost of operating equipment. CHARGES AND FEES At our Committee meetings, the department heads brought to our attention a number of existing fees and charges for processing where costs far exceed the charge. In addition, the Police Chief discussed City costs incurred of approxi- mately $60,000 per year relating to parades and responding to false alarms for which no recovery of costs exists. Since all of the information has not been finalized regarding many of these fees and charges, the Committee requested the department heads to complete their studies and after budget hearings, these items will be reviewed. For the Council's information, if the City's fees for planning charges and engineering plan checking fees were equivalent to the County, an additional $265,000 would be generated based on the number processed in the past year. However, any increase in City charges would be based on our costs. RESERVES The Committee also discussed the adequacy of reserves and the City's ability to be on a cash basis. With property tax revenue growing and the sewer service charge primarily being collected through the property tax bill, approximately $3.5 million now will be received from the County in December. The City's reserves now total approximately $3 million. We feel there needs to be an adjustment, how- ever, the appropriate time would be in August after the books are closed for the fiscal year and the property tax revenue figures are available. Our ability to operate on a cash basis has saved the City a considerable amount by not having to borrow, like some other governmental entities must do, to pay bills until monies are received in December from the County. CONCLUSION As a result of our meetings with the various department heads we are satisfied with the level of service presently being provided and feel it represents the desires of the residents. We would, therefore, recommend the approval of this report, adoption of the Operating Budget, as modified in this report, and approve the resolution (Attachment #4) of the City Council establishing Sewer Service User Charges and Fees for Fiscal Year 1980-81. fi92 Bakersfield, California, June 16, 1980- Page 14 Ayes: Noes: Absent: Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 8-80 regarding Operating Budget for Fiscal Year 1980-81, was accepted; and Operating Budget, as modified in the report, was approved. Adoption of Resolution No. 37-80 of the Council of the City of Bakers- field establishing Sewer Service User Charges and Fees for Fiscal Year 1980-81. Upon a motion by Councilman Means, Resolution No. 37-80 of the Council of the City of Bakersfield establishing Sewer Service User Charges and Fees for Fiscal Year 1980-81, was adopted[ by the following roll call vote: Councilmen Rat[y, Strong, Barton, Christensen, Means, Miller None Councilman Payne Upon recessed its budget session at 17, 1980 at 7:00 P.M. RECESS a motion by Councilman Christensen, the Council 7:50 P.M., until Tuesday, June MAYO~~e~i y o~~Bakersfiel d, Calif. ATTEST: CITY RK icio Clerk of the Council of the City of Ba~4ersfield, California ma Bakersfield, California, June 17, 1980 293 Minutes of a budget session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., June 17, 1980. The meeting was called to order by Mayor Hart, by the Pledge of Allegiance. Present: Absent: followed The City Clerk called the roll as follows: Mayor Hart. Councilmen Ratty, Strong, Barton, Christensen, Means, Miller Councilman Payne Assistant City Manager-Finance Kelmar stated the public hearing on the Federal Revenue Sharing Funds is one of the require- ments under the regulations for the funds. The proposed use hearing was held before the Planning Commission on May 21, 1980. There were basically two comments: 1. Dr. Eleanor Maxwell, K.C.E.O.C., indicating she would like to see Revenue Sharing Funds used for Senior Citizens. 2. Councilman Barton regarding the intersection of Wilson Road and South Chester Avenue. Councilman Barton's comments are incorporated in the letter from the Planning Commission, in the Capital Improvement Program, as a recommendation. Public Hearing on Federal Revenue Sharing Funds. Mayor Hart declared the meeting open for public hearing on Revenue Sharing Funds. Linda Wyatt, Chairperson of the Board of Directors for the Bakersfield Center for Independent Living, Inc., stated they are a nonprofit corporation formed to help solve the needs of the disabled in Bakersfield. Ms. Wyatt requested $50,000 of Revenue Sharing Funds to be used on social services for the Center for Independent Living and outlined what they hope to offer the physically disabled. City Manager Bergen stated the Director of Fire & Development Services has indicated that some adjustment can be made in the Development Services budget and a specific recommenda- tion will be made in August on this program. 294 Bakersfield, California, June 17, 1980 - Page 2 Mrs. Bernice Jarrett, Chairman o£ the Bakersfield Art Commission, stated they have a valuable collection o£ art and need a place to store it. Mrs. Jarrett requested funds to install a vault and indicated the County of Kern may be willing to help with the expenses. City Manager Bergen stated the Art Commission's request for a vault should be referred to the Intergovernmental Relations Committee for study and recommendation. Geneva Burns, representing the Senior Citizens Group of K.C.E.O.C. located at 804 East California Avenue, presented a petition containing over 250 signatures requesting Revenue Sharing Funds to support a Senior Citizens Center and activities. No one else in the audience indicated a wish to speak and Mayor Hart closed the public hearing. Councilman Strong informed Mrs. Burns that the Council's Intergovernmental Relations Committee will be meeting with members of the County Board of Supervisors Monday of next week to discuss the possibility of building a Senior Citizens Center. CAPITAL IMPROVEMENT PROGRAM 1980-81 Assistant City Manager-Finance Kelmar briefly outlined the steps taken by the staff and Planning Commission which cul- minates in the preparation of the 10-Year Capital Improvement Program. regarding The following is a letter from the Planning Commission the Preliminary Capital Improvement Program 1980-81: Honorable Mayor Donald M. City Council City Hall 1501Truxtun Avenue Bakersfield, California Hart and Honorable Gentlemen: The Planning Commission herewith submits the Capital Improvement Program for the years 1980-1990, inclusive, pursuant to Sections 65401 and 65402 of the State Planning and Zoning Laws. The Commission recommends approval of the 10-year Capital Improvement Program, as sub- mitted and reviewed, with the following modifications: Bakers£ield, California, June 17, 1980 - Page 3 295 Page 31 Wilson Road Recon- struction, Change to Hughes Lane resurfacing RS $162,000 RS $100,000 Page 32 Hughes Lane Recon- struction Change to Hughes Lane resurfacing RS $172,000 RS $100,000 Page 32 Gosford Road Recon- struction Change to Gosford & White Lane Construc- tion TF $100,000 TF 150,000 Page 32 DELETE Gosford Road Recon- struction It will be combined with above project. TF $100,000 Page 32 Auburn Street Con- struction Change to RS $66,000. RS $ 25,000 Page 34 DELETE ~ing Avenue Con- RS $167,000 struction Change to RS $260,000 & TF $50,000 RS $143,000 in 1981-82 Page Auburn Street Storm Drain should be increased to $15,000 if addi- tional GTR £unds are available. ADD Traffic signal at intersection of South Chester Avenue and Wilson Road, City-County coop- erative project. Total cost $80,000. City's share of $40,000 to be funded from unallocated TDA funds. Subject to the availability of General Tax Revenues, the Planning Commission recommends the following projects be added to the Capital Improvement Program: a) Installation of two street lights at the intersection of Highway 178 and Fairfax Road. General Tax Revenue $15,000. b) Construction of softball field and lighting at Bakersfield College. General Tax Revenue $30,000. The Planning Commission recommends that Capital Improvement Projects which benefit undeveloped property should be held in abeyance until the cost-revenue study is completed. Respectfully submitted, PLANNING COMMISSION OF THE CITY OF BAKERSFIELD STEPHANIE MCCORMICK, CHAIR Dated: May 28, 1980 296 Bakersfield, California, June 17, 1980 - Page 4 Director of Public Works Hawley stated that all the items listed on the first page of the Planning Commission's letter indicate changes in the cost estimates except for the traffic signal at the intersection of South Chester Avenue and Wilson Road. Since the time the Public Works Department origina~Lly recommended these projects a more detailed analysis has been made and the cost estimates revised. In some cases it has been found that it will be possible to resurface a street rather than reconstruct it. After the preliminary budget was submitted, Public Works was notified by the County of Kern that the intersection of South Chester Avenue and Wilson Road met the warrants for a traffic signal. The County will be budgeting their share of the signal and the Public Works Department would recommend that the City budget its share, which would be $40,000. This could be funded from the Unallocated Transportation Funds. The Planning Commission stated in their letter, that, "subject to the availability of General Tax Revenues, the Planning Commission recommends the following projects be added to the Capital Improvement Program." The first item refers to the installation of two street lights at the intersection of Highway 178 and Fairfax Road. This particular item presents a problem in that the intersection is a State Highway and the State has indicated that it does not meet their criteria for funding. The street lights are desirable at this location, but it is not the City's policy to install them on State Highways. This could result in the City being requested to place lights at other locations under the State jurisdiction. In regards to second item, construction of the softball field and lighting at Bakersfield College for $30,000, it is the City's under- standing that the College plans to construct a softball field on their land at a cost of approximately $15,000. They have indicated that they would make this field available for the City's Softball Program, if the City desired to pay the cost, Bakersfield, California~ June 17, 1980 - Page 5 approximately $30,000, £or installing lights. The details of an agreement with the College have not been worked out. If this field is added to the City's Softball Program, the cost for the diamond preparation and energy durin$ the softball season would amount to $6,000. If this is the City's responsibility the $6,000 should be added to the Parks Division Operating Budget. Councilman Miller expressed his concern, and stated he could support installing lights at the intersection o£ Highway 178 and Fairfax Road. Director of Public Works Hawley stated the last para- graph in the Planning Commission's letter states "The Planning Commission recommends that Capital Improvement Projects which benefit undeveloped property should be held in abeyance until the cost-revenue study is completed." The only new construction in undeveloped areas proposed in the 1980-81 budget are road projects. In particular along the following streets; Olympia, Lily, White Lane, Ashe Road, Panorama Drive and the Ming Avenue canal crossing. The other projects for reconstruction of existing streets are resurfacing projects. There are no park or storm drain improvements proposed in the undeveloped areas. The City has already entered into subdivision agreements on Olympia, Lily, White Lane and Ashe Road. These have been filed with the City based on the assumption that they conform to the policy that was adopted by the City Council in January, 1979, which shows the share of the street that the developer would pay and the share that the City would pay. The City pays for two lanes on all major arterials and major collectors. The developer pays £or the remaining two or four lanes and pays 100% of the cost on residential streets. As far as Panorama Drive is concerned, the City has been working with the property owner for quite some time trying to obtain the right-of-way so the gap that presently exists can be closed. It would be a real disadvantage to the City to wait, because this would provide an additional access to Highland High School. Mr. 298 Bakersfield, California, June 17, 1980 - Page 6 Hawley recommended that this project not be delayed. In regards to the Ming Avenue crossing of the Arvin- Edison Canal, the City has been working with Tenneco to provide a secondary access to the State College off Ming Avenue. Tenneco is presently working on development plans for the area along Ming Avenue between Gosford Road and Cal-State Bakersfield. This access would relieve the traffic congestion along Stockdale Highway. Delaying the construction of these two projects could create some problems for the Public Works Department. However, the City should proceed, as rapidly as possible, with the cost revenue study, because decisions are being made now that will affect future budgets. In answer to a question by Councilman Means, Public Works Director Hawley stated he would recommend that funds be set aside for the softball diamond, if they are available. When the agreement is presented to the Council, a decision could be made as to whether to proceed or not. During discussion, Director of Public Works Hawley suggested, since it takes a period of time to prepare plans, etc., that the staff be authorized to proceed with the plans on the Ming Avenue and Panorama:Drive projects. When they are presented to the Council for approval, the decision to proceed could be made at that time. Mayor Hart suggested that the rules regarding conduct at this meeting be waived so that direct exchanges between the Council and staff could take place without having to go through the chair. Upon a motion by Councilman Miller, rules regarding conduct at this meeting were waived so that direct exchanges between the Counci~ and staff could take place without having to go through the chair. The Council and staff reviewed the Capital Improvement Program for Fiscal Year 1980-81 by categories, as follows: Bakersfield~ California, June 17, 1980 - Page 7 299 ENVIRONMENTAL SERVICES A total of $11,526,000 is proposed for improve- ments related to storm drains, sewers and waste water treatment for the next ten years. Storm drains in the amount of $1,725,000, are being proposed. Two projects being requested for next year are of particular interest, the "V" Street storm drain between 21st and AT&SF Railway is necessary to correct one of the more serious drainage problems existing in the City, as portions of the street are totally under water during heavy rains. The Chester Ave/30th Street storm drain will correct a drainage problem in the Garces Circle area and will be done in connection with the Chester Avenue undercrossing project which will result in a reduced cost to the City to correct this problem. Sewer projects total $9,226,000, the most significant being the East-Niles Morning Drive and Gosford-Calloway Interceptor sewers which amount to $7,900,000. These main trunk lines will serve the growing Northeast and Southwest areas. It is intended that as developers connect to these lines, the City will be reimbursed through connection charges. Waste water treatment projects amount to $575,000, the major one totaling $500,000 being the demolition of Treatment Plant #1 which will be taken out of service when Treat- ment Plant #2 is completely modified. Director of Public Works Hawley stated the work on the South Chester Avenue Sewer, from Brundage Lane to Richland Street (replacement of 39" diameter Sewer Main) in the amount of $400,000, will not proceed until a television inspection is completed to find out how badly the work is needed. The Oak Street Sewer Construction from Chester Lane to 16th Street (construction of a 15" diameter sewer main) in the amount of $200,000, will be deferred until the Pierce Road Sewer Public Improvement District proceeds. RECREATION AND CULTURAL SERVICES A total of $4,050,835 is proposed for improve- ments related to parks and the Civic Audi- torium. The City contemplates completing two major new park developments in the next fiscal year - University and Castle Parks. This will complete the City's allocation of funds under the 1976 State Park Bond Act. It Bakersfield, California, June 17, 1980 - Page 8 should be noted this ten year program includes $1,890,000 of projects related to a funding source called, Improvement and Maintenance District. These projects represent requests made to the City where- by individuals have expressed an interest in forming districts in an area to be served by these projects and would then £und the cost of development and £uture maintenance. With the reduction of resources being imposed on the City via State-wide voter approved initiatives this provides an alternative for resi- dents to obtain recreation facilities they desire when it may not be possible for the City to provide them. Civic Auditorium improvements consist of additional property acquisition for additional parking and construction of a storage building. The disposition of the proposed hotel will have a bearing on these projects and as a result are indicated as future needs. Upon a motion by Councilman Barton, the matter o£ a vault for the Art Gallery was referred to the Intergovern- mental Relations Committee for discussions with the County of Kern and recommendation back to the Council prior to the August deadline. PUBLIC SAFETY SERVICES A total of $982,400 is proposed for improvements related to the Police and Fire Departments over the next ten years. The Police Department requests related primarily to improvements at the Police Pistol Range for safety purposes now that the surrounding area is beginning to be utilized and the replacement of lost parking due to the construction of the Truxtun Avenue extension. In addition, the roof on the Police Building has caused major maintenance problems, and is in need of replacement. Fire Department improvements primarily relate to the remaining two phases at Station #1. The construction of squad room and cooking facilities were bud- geted in 1979-80, however, the funds were needed to meet the bid on the new station in the Southwest. Hence, it is being requested again for 1980-81. Community Development funds are being utilized to make necessary improvements to the fire main systems in the South- east to improve fire protection. A future fire station in the Rio Bravo area is another significant request. 801 Bakersfield, California, June 17, 1980 - Page 9 Director of Public Works Hawley stated there is a possibility the $25,000 budgeted for the replacement of the roof on the Police Building can be deleted because the con- tractor has indicated to staff that he will make those repairs at no cost to the City. Mr. Hawley suggested that this item remain in the budget until the staff is assured the contractor will make those repairs. DEVELOPMENT AND TRANSPORTATION SERVICES A total of $22,053,500 is proposed for improvement related to street, traffic signals and parking for the next ten years. The street related projects total $21,925,500. In last year's Capital Improvement budget, it was indicated there were requests in the amount of $5,400,000 which could not be included in the program due to a lack of funding. This year, there are approximately $9,500,000 of projects which could not be included. In addition, there are $4,421,000 of street projects which are included which are proposed to be financed via revenue sharing funds. However, if this program is not continued, these projects will not be accomplished as well. A total of $130,000 is included to acquire property as it becomes available to com- plete the Civic Center plan. Councilman Strong requested that the construction of curb and gutter in the area bounded by California Avenue, Union Avenue, 4th Street and Chester Avenue, be extended south to Brundage Lane rather than 4th Street. Director of Public Works Hawley stated that is in the Community Development Target area and there should not be a problem from that aspect. Director of Fire & Development Services Needham stated there would be no problem expanding that area from 4th Street to Brundage Lane, providing the funds will cover the added area. SUPPORT SERVICES A total of $1,537,000 is proposed for improvements to City Hall and the Cor- poration Yard for the next ten years. 3O2 Bakersfield, California, June 17, 1980 - Page 10 Due to the escalating costs of construc- tion, the bid received for the addition to City Hall did not allow for the com- pletion of the second floor. The projects proposed for next year will allow for the completion of the second floor of the building as well as needed improvements to the parking lot. Requests for the Corporation Yard include the final purchase of electric door openers for the equipment maintenance facility and construction of a small chemical storage building for safety purposes. Director of Public Works Hawley stated that within the next few months staff will present a report to the City Council regarding modifications to the Council Chambers, particularly the acoustics and lighting, and also remodeling of the City Clerk's Office, restrooms, etc. Mayor Hart requested a motion to rescind the motion waiving the rules so that direct exchanges between the Council and staff could take place without having to go through the chair. Upon a motion by Councilman Means, previous motion waiving rules regarding conduct at this meeting so that direct exchanges between the Council and staff take place without having to go through the chair, was rescinded. Adoption of Resolution No. 38-80 of the Council of the City of Bakers- field approving and adopting the Operating and Capital Improvement Budgets for the Fiscal Year 1980-81. Councilman Strong made a motion to adopt Resolu- tion No. 38-80 of the Council of the City of Bakersfield approving and adopting the Operating and Capital Improvement Budgets for the Fiscal Year 1980-81. Councilman Barton requested that the Director of Public Works recommendations on the items contained in the Planning Commission's letter be included in the motion. After discussion, upon a motion by Councilman Strong, minutes of the meeting are to include comments made Bakersfield, California, June 17, 1980 - Page 303 by the Director of Public Works on the Planning Commission's letter; and Resolution No. 38-80 of the Council of the City of Bakersfield approving and adopting the Operating and Capital Improvement Budgets for the Fiscal Year 1980-81, was adopted, by the Ayes: Noes: Absent: Councilmen Ratty, Means, None following roll call vote: Strong, Barton, Christensen, Miller Councilman Payne Upon a motion by recessed its budget session at 8:30 P.M., until a report from the Governmental Efficiency and Personnel Committee regarding Meet and Confer Sessions with Employee Units is available. RECESS Councilman Christensen, the Council MA~ City of Bakersfield, Calif. ATTEST: CI RK icio Clerk of the Council of~the City of B~kersfield ma 304 Bakersfield, California, June 18, 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., June 18, 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 £ollows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Means, Miller, Ratty Absent: Councilman Payne Minutes of the regular meeting of June 4, 1980 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Joel Mundorf, representing East Bakersfield Lion's Club, requested that the Council waive the May 15th deadline for filing an application for a permit to sell Fireworks. Upon a motion by Councilman Miller, the May 15th dead- line for filing an application for a permit to sell Fireworks was waived for the East Bakersfield Lion's Club. CORRESPONDENCE Upon a motion by Councilman Barton, communication from the Downtown Improvement District, dated June 16, 1980, submitting their Financial Statement for Fiscal Year 1979-80 and proposed budget for Fiscal Year 1980-81, was received; and budget of the Downtown Improvement District for Fiscal Year 1980-81, was approved. Upon a motion by Councilman Strong, communication to Mr. Jim Gilchrist, City of Bakersfield's Community Development Program, from Rosalio Banales, Chairperson of the Greater Bakersfield Community Development Corporation, 615 California Avenue, dated June ll, 1980, regarding Community Development Corporation contract, was received and referred to the Budget Review and Finance Committee for study and recommendation. Councilman Ratty stated he does not feel this organiza- tion is making progress and hopes the Committee will study the Bakersfield, California, June 18, 1980 - Page 2 3O5 matter very carefully. Councilman Ratty also stated their aims are not being met and Mr. Gilchrist or someone from the Committee should make a real definite report on this matter. COUNCIL STATEMENTS Councilman Miller read the following memorandum from W. D. Higginbotham, Jr., Finance Operations Manager, dated June 17, 1980, regarding Accounts Payable for Summer Schedule: In order to maximize cash flow and related interest earnings, it has been Finance Depart- ment policy to process all invoices for payment on the 10th and 25th of each month. Under normal circumstances, this routine provides for timely payments of all City debts. However, since the City Council does not meet on a weekly basis during the summer session some invoices could remain unpaid for a period of time beyond 30 days, which is unacceptable to the City's suppliers and vendors. There are two desirable alternatives: The invoices and backup can be processed routinely and made available for inspection by the Voucher Approval Committee on a weekly basis. After inspection by the Voucher Approval Committee they will be processed for payment, as they are now, with the appropriate registers being in- cluded in the Council package for the next scheduled Council meeting. o Invoices can be processed and paid routinely. All invoices and backup material will be made available for inspection by the Voucher Approval Committee prior to the next sch&duled City Council meeting with the appropriate voucher register furnished in the Council package. It is highly desirable that invoices be pro- cessed on a timely basis so that the City can maintain the good relations it has with its suppliers and vendors, both on a local basis as well as vendors outside the Bakers£ield area. Alternative i or 2, as itemized above, will allow us the opportunity to maintain this relationship. This office recommends that either alternative be authorized by the City Council. During discussion, Councilman Means made a motion that the matter of paying invoices on a timely basis during the summer schedule be referred to the Voucher Approval Committee for study and recommendation. 306 Bakersfield, California, June 18, 1980 - Page 3 Councilman Miller offered a substitute motion that the matter of paying invoices on a timely basis during the summer schedule be referred to staff for a report, including the legalities of the proposals. This motion was unanimously approved. Councilman Means, Chairman of the Budget Review and Finance Committee, stated they have reviewed and approved the bills for Sewer Surcharges for excessive users and made a motion that they be mailed. This motion was unanimously approved. Upon a motion by Councilman Means, the staff was authorized to purchase a gift for any Mayor or Councilman who leaves office. Councilman Miller abstained from voting on this motion. REPORTS Councilman Miller, member of the Business Development and Parking Committee, read Report No. 6-80 regarding Taxicab Rate Regulation, as follows: The City Council recently referred to this Committee a staff recommendation that the Council review its policy regarding taxicab rate regulation. The present procedure in- volves the drivers and companies requesting rate increases and a staff review and recom- mendation. However, an evaluation of these requests has become more difficult due to the changed relationship between the drivers and the companies. The drivers are now lessees of the cabs. They pay for their own gasoline and split the fare revenues with the companies. The companies pay for all the other costs. In reality, evaluating a rate increase request involves making a decision as to what a taxi- cab driver should earn. Considering this situation, the fact we now have a much improved transit system and a dial-a-ride system for those who cannot use the fixed route transit system, the Committee considered some alternatives to the present policy. It was concluded a rate regulation policy similar to that adopted for cable tele- vision franchises would be the most appropriate. The proposed policy would require the companies to file a rate schedule with the City and the Council would have thirty days to review these if they so choose. If no review is determined to be necessary the changes in rate would remain. The Committee feels this is a more realistic approach and the Council would still Bakersfield, California, June 18, 1980 - Page 4 307 retain control over the rates. Therefore, we recommend adoption of this report and this be considered first reading for the ordinance change. Councilman Means stated he thinks it is inappropriate for the Council to deregulate rates and still have regulations over the drivers. The Council should retain the control of revising the rates on an ongoing basis. Councilman Christensen stated if the cab company had competition he would be more or less willing to lift the rates, but since there is no competition he does not favor letting them set their own rates. Councilman Strong stated he sees this only as a change in the City's rate review process, not giving up complete control. If the City Attorney can assure the Council that other cab companies will be allowed, if they meet the City's criteria, to operate and create more competition, he could support this recommendation. It places the burden of justification on the cab companies more so than it does the Council and staff. If they submit a rate change, this process would require submission of necessary financial data to support their position as opposed to asking for a rate increase and the City trying to collect that data in order to support their position. Councilman Strong stated he cannot see that much wrong with this recommendation in terms of how things are increasing in costs. It is just something that takes some of the burden off the City. City Attorney Hoagland stated the Council has his assurance that any person or cab company can come in and make application to the City Manager and they can operate. After discussion, upon a motion by Councilman Miller, Business Development and Parking Committee Report No. 6-80 regarding Taxicab Rate Regulation, was accepted. Councilmen Christensen and Means voted in the negative on this motion. 308 Bakersfield, California, June 18, 1980 - Page 5 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 7.52.190 of the Municipal Code relative to rates charged by Taxicabs. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 7.52.190 o£ the Municipal Code relative to rates charged by Taxicabs. Council- men Christensen and Means voted in the negative on the motion to consider this as first reading of the ordinance. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 9-80 regarding Deferred Payment Rehabilitation Loan Program, as follows: In order to develop a Comprehensive Rehabilitation Program that would provide a wider range of housing assistance for residents of Bakersfield, it is proposed to initiate a Deferred Payment Rehabilitation Loan Program utilizing Community Development Block Grant (CDBG) funds. A deferred payment loan is a non-amortized non-interest bearing loan which is due upon sale or transfer of title of the property, or at the end of 15 years--whichever occurs first. Those eligible for this loan would be elderly, handicapped or other owner/occupants residing in the City of Bakersfield who have not been able to qualify on the basis of income for the other home improvement loan programs available. The maximum allowable income for the deferred program would not exceed 50% of the area median income as determined annually by HUD. The types of improvements allowed under this program would be those items directly affecting health and safety of the occupants according to the Uniform Housing Code. The maximum amount of the deferred loan would not exceed $7,500. Prior to closing of the loan, a title search, informal appraisal of the after-rehab value, certificate of fire insurance and evidence of property tax must be provided, the costs of which are to be part of the loan. Funds for this activity would come from the 1980-81CDBG entitlement based upon the appli- cation submitted to HUD on May 9, 1980. It is proposed that $150,000 be earmarked for this program which would provide approximately 20-25 loans. THEREFORE, IT IS RECOMMENDED THAT the Deferred Payment Rehabilitation Loan Program be approved and the Community Development staff be authorized to administer that program. Bakersfield, California, June 18, 1980 - Page 6 309 Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 9-80 regarding Deferred Payment Rehabilitation Loan Program, was accepted; and Deferred Payment Rehabilitation Loan Program, was approved and Community Develop- ment staff authorized tO administer said program. City Manager Bergen read a memorandum, dated June 16, 1980, regarding Cost-Revenue Model Proposals, as follows: Attached to this brief report is a staff memo relating to objectives of the cost-revenue model study. The City has received six pro- posals to its request for proposal. It would be my recommendation that the staff (Director of Public Works, Director of Fire & Development Services and Assistant City Manager-Finance) be authorized to make the initial evaluation of these proposals and recommend up to three to either the City Council or Budget Review and Finance Committee, as the Council may desire, for the final selection. Councilman Ratty made a motion to accept the recommenda- tion as outlined in the City Manager's memorandum. Councilman Means stated it was his feeling, in talking with the staff and everyone mentioned, that they did not under- stand the concerns he and a number of other Councilmen had, that this is very difficult. This is a new area for the City, therefore, rather than have the staff recommend to the Council the three people they would like to see hired, he felt it is important for the Council, along with staff input, to make that decision. This is a very important topic and there are a number of policy questions that go into these recommendations. The Council should not wait until the three are made, but should be clearly responsible for the decision of who is selected, taking into consideration the staff's recommendations. Councilman Means offered a substitute motion that the Budget Review and Finance Committee make the selection, along with staff recommendations, based on discussions with the six people who submitted proposals and bring it back to the Council for action. 310 Bakersfield, California, June 18, 1980 - Page ? Councilman Miller stated he agrees that the Council should set the criteria, but does not know if the Council has the expertise to judge those individual groups who submitted names. This process has been drawn out for a long time and if the Council is sincere about it taking place the staff is in a good position to evaluate those people who submitted proposals. For that reason will vote in opposition to the substitute motion. Councilman Strong stated he could support the original motion if it did not exclude the other three people who applied. He would not want the staff to take a position of placing someone who made a proposal to serve the City in a position where they could not talk to the Council or various committees involved. There is nothing wrong with the staff making a recommendation, but he finds fault with the fact the staff makes a recommendation that the Council cannot overrule. That is, if the staff decides three people should be talked to by the Council, the Council would have no right to talk to the other three people. Councilman Strong stated he has some problems with that. Councilman Barton stated he would feel more comfortable if the applicants were to come before the full Council instead of being recommended or selected by the committee. Councilman Barton requested that the substitute motion be amended to direct staff to request all six applicants to submit their proposals to the entire Council for study and recommendation. Councilman Means amended his substitute motion to direct the staff to request all six applicants to submit their proposals to the entire Council for study and recommendation. After further discussion the substitute motion was unanimously approved. Community Development and Housing Coordinator Gilchrist reported that at the Council Meeting of June 4, 1980, the Council received Phase II of the Senior Citizens Center report and authorized staff and the task force to proceed. The Council also Bakersfield, California, June 18, 1980 - Page 8 requested a report back at tonight's meeting on the progress of activities. The top three sites have been investigated and all property owners have been identified so that at the proper time they can be contacted regarding willingness and availability of property for sale. The staff has talked to a subcommittee of the Board of Directors of K.C.E.O.C. regarding their potential as the operating agency for the center. They received the City's proposal in a favorable manner and wi~l report their findings back to the Board of Directors. Councilman Strong requested that the Council be given an update on the meeting next week between the Council and members of the County Board of Supervisors; and after that meeting the Council be given something definite in the way o£ a timetable as to what the citizens can expect from this body with regards to the construction and operation of that facility. Director of Public Works Hawley presented a report, dated June 13, 1980, regarding City's Policy for Purchasing Vehicles for Various Departments, as follows: The following information is in response to the Council's request on June 4, 1980 for a report on the City's policy £or purchasing vehicles for various departments. The Equipment Division of the Public Works Department has the responsibility to assure the efficient usage of City equipment through a systematic and effective maintenance, repair and replacement program. Requests for addi- tional equipment are made by the departments desiring the equipment to the Equipment Maintenance Superintendent via a memorandum indicating equipment desired and justification for the request. The Equipment Superintendent reviews the requests with the using department to make sure what the equipment is going to be used for and that it is the right piece of equipment for the job. As an example: If the request is for a pickup, he makes an evaluation to see if a lightweight truck can be used or if it is necessary to use a larger truck at an additional cost of $100 per year. Using this criteria, the City is presently using 24 lightweight trucks and 49 standard pickup trucks. After evaluation by the Equip- ment Superintendent, the requests are placed in the Public Works Department budget requests. Bakersfield, California, June 18, 1980 - Page 9 All budget requests are then reviewed by the City Manager, the Budget Review and Finance Committee, and finally the Council prior to adoption at the budget hearings. The request to replace existing equipment usually originates from the Equipment Super- intendent. It is his responsibility to review and analyze equipment condition, age, usage and other economical factors and to replace the equipment at the most desirable time. His recommendations are also included in the Public Works Department budget requests. Director Vehicles on file. Upon a motion by Councilman Strong, report from the of Public Works regarding City's Policy for Purchasing for Various Departments, was received and ordered placed Director of Fire & Development Services Needham stated there will be information, in the form of a Resolution of Intention, in the Council's next packets regarding the subject of Mortgage Revenue Bonds for the purpose of housing within the Redevelopment Agency boundaries through SB 99 or a City Charter Revenue Bond issue. Director of Fire & Development Services Needham announced that the next Workshop Session between the Council and Planning Commission will be held Tuesday, June 24, 1980, at 7:00 P.M., in the Venus Room of the Civic Auditorium. City Manager Bergen reported that the Chairman of the Redevelopment Agency requested that I make the following report to the Council as the Executive Director of the Redevelopment Agency: At the last Council Meeting, June 4, 1980, the Council requested the Redevelopment Agency to notify them prior to entering an agreement for their annual audit. The Redevelopment Agency has not had a meeting since this action was taken by the Council and it will be necessary for the Agency, at their next meeting on June 24, 1980, to act on the annual audit. I have discussed this situation with the Chair- man and several Agency members and they do not have a strong feeling on the selection. In fact, their original choice was based on the Council's selection of Fox & Company. However, last December when selecting Bond Counsel, Bond Bakersfield, California, June 18, 1980 - Page 10 313 Consultant and a Bond Auditor, the Redevelopment Agency selected Fox & Company as the Bond Auditors. This occurred before the Council's action on May 21, 1980, at which time the City Council changed auditors. It would be more practical and acceptable, from an auditing standpoint, for the Redevelopment Agency to have the same auditor this year for the bond proposal and their annual audit. The Chairman and members of the Redevelopment Agency, that I have talked to, told me that they would be pleased to check with the City Council, next year, before selecting an auditor. They also indicated that the books are public records and they would have no objections if the City auditor wished to audit them. No action is necessary on this report. It is in response to a specific request o£ the Council, at the last meeting, that the Redevelopment Agency notify the Council prior to entering into an agreement for their annual audit. Assistant City Manager-Personnel Russell reported that two weeks ago Councilman Means requested a report on what the financial impact would be on the City due to the defeat of the Charter Amendment that would have allowed a CETA Program. At the present time there will be very little impact. The City had 20 positions authorized at an average salary of $580.00 per month, for a total of $140,000. At any one time the highest number of employees on board was 13, which was approximately $90,000. The City will continue with the CETA employees during the summer months through the school program, in the amount of approximately $70,000. This is the peak time of the year for temporary employees. At the present time there will not much of a impact on the City, it will be down the road depending on the level the Council authorized to get into the program as far as CETA employees are concerned. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6412 to 6715, inclusive, in the amount of $654,167.23. (b) Claim for Personal Injuries and Damages from Stella Reyes, 12111 Singleton Drive, La Mirada, California. (Refer to City Attorney) 314 Bakersfield, California, June 18, 1980 - Page 11 (c) (d) (e) (f) (g) (h) (i) Flowage, Water Pipeline and Temporary Turnaround Easements from Costeriasan Development Company, as required for Parcel Map No. 5733, located north of District Boulevard, east of Stine Road. Storm Drain Easement from Eastside Christian Church, as required by the Planning Commission for Parcel ~ap No. 5822, located west of Fairfax Road, south of College Avenue. Sewer Line Easement from California Land Investment Company located along the east side of the Kern Island Canal north of Pacheco Road, as required for Tract No. 4004, located south of Pacheco Road, east of South "H" Street. Map of Tract No. 4141 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located north of Olympia Drive and east of West Half Moon Drive. Improvement Agreement for Parcel Map No. 5733 with Costerisan Development Company for construction of improvements therein, located east of Stine Road, north of District Boulevard. Notices of Completion and Acceptance of Work for: Construction of Sidewalk Wheelchair Ramps near the San Joaquin Community Hospital, Contract No. 80-50 with Jim Alfter. Street Lights for Truxtun Avenue between Oak Street and "G" Street, Contract No. 79-173 with Safety Electric Company. The Public Works Department recommends a 140 calendar day extension due to delays in delivery of equipment by the supplier. Parcel Map No. 5594, Contract No. 79-156 with Stephen Clifford, located at south- east corner of Planz Road and Wible Road. Tract No. 4083, Contract No. 79-136 with Tenneco Realty Development Corporation, located at Gosford Road and Laurelglen Boulevard. Application for Encroachment Permit from Larry D. Kundert, 2931 - 22nd Street, for construction of 4 foot high brick and wrought iron fence at back of sidewalk area along 22nd Street and Elm Street at the southeast corner. Public Works Depart- ment recommends approval o£ the application with the condition that two trees in sidewalk area along Elm Street be re- located behind the fence. Bakersfield, California, June 18, 1980 - Page 12 315 (d), and call Ayes: (J) (k) Application for Encroachment Permit from James Standlee, 3700 Sweetwater Street, for construction of 6 foot high fence, 2 feet behind sidewalk on Rocky Road at southeast corner of Sweetwater Street and Rocky Road. (1) Plans and Specifications for construction of a 6 foot Slumpstone Block Wall at the entrance to the Corporation Yard. (m) Plans and Specifications for reconstruction of pavement on portions of Chester Avenue between Truxtun Avenue and 24th Street. (n) Joint Use Agreement between P. G. & E. and the City of Bakersfield providing for transfer of easement rights made necessary by widening of Panama Lane west of South "H" Street in conjunction with the develop- ment of Tract No. 4117. (o) Amendment No. 2 to Lease Agreement with Southeast Bakersfield Wastewater Treat- ment Facilities Consolidation Corporation providing for an extension in the maximum term of the lease agreement for the period from July 1 until the City accepts the facilities in order to meet legal requirements under the bond agreement. (P) Application for Encroachment Permit from Robert F. Smith, 3701 April Street, for construction of a 6 foot high fence, 2 feet behind sidewalk along Rocky Road at the southwest corner of April Street and Rocky Road. Communication from California Regional Water Quality Control Board, Central Valley Region, regarding modifications to the irrigation system of the City's Sewer Farm. (Refer to Water and City Growth Committee for study and recommendation) Upon (e), (f), (q) of the Request from Moreland Engineering, Inc., on behalf of Peter Mosesian Investments, for amendment to the General Plan for commercial use of property located on "O" Street between 38th and 40th Streets. (Refer to Planning Commission for study and recommendation) vote: a motion by Councilman Miller, Items (a), (b), (c), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) Consent Calendar, were adopted by the following roll Councilmen Strong, Barton, Christensen, Means, Miller, Ratty Noes: None Absent: Councilman Payne 316 Bakers£ield, California, June 18, 1980 - Page 13 ACTION ON BIDS Upon a motion by Councilman Ratty, bid of Crook Company for Street Milling Machine, was accepted. Upon a motion by Councilman Barton, bid of Ronald Knox for Leasement Agreement for Former Dog Pound, in the amount of $400.00 per month, was accepted and the Mayor was authorized to execute the agreement. Upon a motion by Councilman Barton, low bid of FMC - Van Pelt Fire Trucks for fabrication and installation of Squad Body, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, low bid of G.C.A. Construction for construction of Sanitary Sewer in Weill Park, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Granite Construction Company for A.C. Pavement on portions of Half Moon Drive and White Lane, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 13.04.135 (c) and 13.16.030 (c) 3 and adding Section 13.04.135 (d) to the Municipal Code of the City of Bakersfield, relative to Permit Fees. The proposed ordinance will bring the Mobilehome Installation Permit Fee into conformance with the California Administrative Code, provides a Fee Schedule for the new regulations permitting mobilehomes to be placed on permanent foundations, and exempts dwellings and accessory buildings of less than 2,000 square feet from a Plan Check Fee. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 13.04.135 (c) and 13.16.030 (c) 3 and adding Section 13.04.135 (d) to the Muni- cipal Code of the City of Bakersfield, relative to Permit Fees. Bakersfield, California, June 18, 1980 - Page 14 3i7 Approval of Grant Application to the State of California Office of Traffic Safety, in the amount of $36,117, for computer software and salary for one Data Entry Clerk's position for one year. With the approval of the Bakersfield City Council, the City will establish a computerized Traffic Accident and Citation Evaluation Record System with the main emphasis placed on timely deployment of traffic enforcement personnel to those areas that the system identifies as being high in traffic accident potential. The system will furnish Traffic Division Supervisors with infor- mation concerning accidents which share similar characteristics, such as; time of day, day of week, location, weather conditions, type of accident and Vehicle Code violations. With this infor- mation being supplied on a daily, weekly and monthly basis, enforcement can be deployed to an optimum level. Upon a motion by Councilman Miller, Grant Application to the State of California Office of Traffic Safety, in the amount of $36,117, for computer software and salary for one Data Entry Clerk's position for one year, was approved. Authorization granted to solicit proposals for a burster/check signer and approval of Budget Transfer in the amount of $6,500.00. The requested machine will replace a used one acquired approximately twenty years ago from the County. Parts are no longer available for repairs. Also, the present machine does not meet OSHA standards, consequently, repair and service personnel are not permitted to work on it. The estimated cost of a machine capable of handling the City's current and future needs is $6,500.00. Adequate funds are available in Account No. 11-415-0100. Upon a motion by Councilman Ratty, authorization was granted to solicit proposals for a burster/check signer and Budget Transfer, in the amount of $6,500.00, from Account No. 11-415-0100 to Account No. 11-415-7100, was approved. 818 Bakersfield, California, June 18, 1980 - Page 15 Authorization granted Finance Operations Manager to write-off Un- collectible Accounts Receivable and turn applicable accounts over to City's collection agency for further collection efforts. Upon a motion by Councilman Christensen, the Finance Operations Manager was authorized to write-off Uncollectible Accounts Receivable totaling $9,680.48 and turn those applicable accounts over to the City's collection agency for further collection efforts. EXECUTIVE SESSION Upon a motion by Councilman Christensen, the Council recessed to an Executive Session at 9:30 P.M. for consultation with the City's Labor Negotiator regarding Meet and Confer Sessions. The regular Council Meeting was reconvened at 10:49 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Means, the meeting was adjourned at 10:50 P.M. A~C t~~y ~f Bakersfield, Calif. ATTEST: CIT icio Clerk of the Council of the City of B~dkersfield, California ma