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HomeMy WebLinkAboutOCT - DEC 1980488 Bakersfield, California, October 8, 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., October 8, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Means, Miller, Payne, Rat~y, Absent: None Strong, Barton, Christensen Minutes of the regular meeting of September 24, 1980 were approved as presented. PRESENTATION OF PLAQUE Mayor Hart presented a plaque to Darin Brewer for out- standing accomplishments of a handicapped person. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from the California Regional Water Quality Control Board, Central Valley Region, dated September 24, 1980, regarding complaint of possible violation of Cease and Desist Order for City of Bakersfield Waste- water Treatment Plant No. 2, was received and referred to the Public Works Department for action. Upon a motion by Councilman Christensen, communication from Don Arnold, 2000-23 Ashe Road, dated September 26, 1980, filing a complaint against Roundtable Pizza located in the Sage- point Shopping Center at Ming and Ashe Road, Conditional Use Permit No. 3507, was received and referred to the Planning Com- mission for action. Upon a motion by Councilman Strong, communication from Stephen E. Cobb, 12534 Baker Court, Chino, California, dated September 25, 1980, regarding a complaint against the Buena Vista Recreation Area, is to be forwarded to the Kern County Board of Supervisors and Mr. Cobb is to be informed that this is not within the jurisdiction of the City of Bakersfield. Bakersfield, California, October 8, 1980 - Page 2 489 Upon a motion by Councilman Means, communication from the City of Stockton, Mayor Daniel A. O'Brien, dated September 26, 1980, requesting opposition to Pacific Gas & Electric Company's application for a rate increase, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Chris A. Addington, Architect, 9339 Rosedale Highway, dated October 2, 1980, requesting an amendment to the General Plan for property located on the south side of Planz Road, approximately 310 feet west of South "H" Street, was received and referred to the Plannin~ Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from Governor Edmund G. Brown, Jr., dated September 29, 1980, regarding data on prospects and implications of a great earthquake in California, was received and ordered placed on file. COUNCIL STATEMENTS Upon a motion by Councilman Payne, Assembly Bill 3217, as amended by Nolan of the Criminal Justice Committee, regarding Reserve Peace Officers, was received and referred to staff and the Chief of Police for study and recommendation. Upon a motion by Councilman Payne, communication he received from Joan Holt Lindsey, 904 Camino Del Oeste, regarding additional police protection, was received and referred to staff and the Chief of Police for study and recommendation. Councilman Miller stated that it is his intention, at the Council Meeting of October 29, 1980, to nominate Mac D. Culver to fill Board. the vacancy on the Miscellaneous Departments Civil Service Councilman Payne, Committee, read Report No. for City Wastewater Treatment REPORTS Chairman of the Water and City Growth 1-80 regarding Interim Improvement Plan Plant No. 3, as follows: 490 Bakersfield, California, October 8, 1980 - Page 3 On October l, 1980, the Water and City Growth Committee met to consider a report of John Carollo Engineers and Quad Consultants on an interim plan for improvements at Treatment Plant No. 3 which will allow continued develop- ment within the Plant No. 3 service area while the major expansion program is being processed. After reviewing the alternatives outlined in the report and discussion with the staff on the short and long range plans for development in the Southwest area, it is the Committee's recommendation that the following steps be taken: Adopt Interim Treatment Option 4 which is to add pumping and aeration capacity at the plant. The cost of this upgrade will be approximately $750,000 and virtually all elements would be used in the future plant upgrading. Sufficient funds are available from the Southwest Sewer Bonds to finance this work. Adopt Interim Disposal Option 4 which is to negotiate with Lewis and Falletti Farms for accepting added water. The cost of this option would be approximately $10,000. Employ an Engineering Consultant qualified to perform civil and sanitary engineering services to design the interim treatment and disposal plans. Due to Plant No. 3 being near capacity, this should be done as soon as possible. Negotiate an agreement with Tenneco Develop- ment Corporation for design, construction and financing of the collection system to serve the unsewered City area located westerly of the Arvin-Edison Canal. o Sewer connection fees collected by the City should be placed in a reserve fund to pay for the City's share of the long range plan for upgrading and expanding Plant No. 3. Upon a motion by Councilman Payne, Water and City Growth Committee Report No. 1-80 regarding Interim Improvement Plan for City Wastewater Treatment Plant No. 3, was accepted; and recom- mendations as outlined in the report, were approved. Director of Public Works Hawley presented a report, dated October 3, 1980, regarding Winter Tree Spraying Program, as follows: The attached memorandum is in response to Councilman Means' request on August 27, 1980 for a report on initiating a tree spraying Bakersfield, California, October 8, 1980 - Page 4 491 program during the winter season for trees located on the public right of way between the curb line and property line. A normal tree spraying program is in four phases. If only the winter phase was done, it would accomplish more than the other phases. It would help control scale, spider mites and several other diseases and pests prevalent in this area. However, most of the complaints we receive are regarding more visible pests such as caterpillars and aphids, and the winter phase would not control these pests. If the Council desires to reinstitute the winter phase of a tree spraying program, I would recommend this be done on a user pay basis through an annual contract with a £irm that is licensed as a pest control applicator. The cost to the homeowner, with the City pro- viding the service through an annual contract, is estimated to be $12-$15 per tree. Presently, tree spraying service is available from private contractors for approximately $25 per tree. The annual contract cost is cheaper because many trees could be scheduled to be sprayed at one time. An annual contract to spray all the trees in the public right of way that would benefit from the winter spraying phase would cost $70,000 and require that amount to be transferred from the Council Contingency Fund. On a user pay basis it is estimated that only 30% of the trees would be sprayed and that $20,000 would be required from the Council Contingency Fund. If the public response is greater than we anticipate, it will be necessary to transfer additional funds or discontinue the program. Upon a motion by Councilman Means, report from the Director of Public Works, dated October 3, 1980, regarding Winter Tree Spraying Program, was accepted and referred to the Budget Review and Finance Committee. City Attorney Oberholzer presented a report regarding Charter Revisions, as follows: At the regular City Council Meeting of August 27, 1980, the City Attorney was directed to review and recommend to the City Council changes to the City Charter, including reviewing the recommendations of the Charter Review and Advisory Committee. Attached to this report are (1) the changes recommended by the City Attorney's Office to bring the Charter into compliance with the Constitution, decisions of the courts and, in some instances, State law; and (2) the changes 492 Bakersfield, California, October 8, 1980 - Page 5 recommended by the Charter Review and Advisory Committee abolishing the three Civil Service Boards and establishing one seven-member Civil Service Commission. It is recommended that these proposed revisions be reviewed and considered by the City Council. If the City Council desires to have these, or similar, changes to the Charter submitted to the electorate at the March 3, 1981 election, it must adopt a resolution so stating no later than November 19, 1980. Consequently, time is of the essence, since the Council must direct the City Attorney to prepare the measures in ballot form prior to November 19, 1980. It should be pointed out that the recommendations made by the City Attorney's Office are what may properly be termed "housekeeping revisions," that is, revisions to bring the Charter into legal compliance with the Constitution and current court decisions. These revisions were not intended to result in any policy changes. On the other hand, the recommendation of the Charter Review and Advisory Committee deals with what may be termed a change in policy for the operation of the City government. For these reasons, it is suggested that the changes proposed by the City Attorney's Office be placed on the ballot as a separate measure from that proposed by the Charter Review and Advisory Committee. Finally, the Charter Review and Advisory Com- mittee did not direct its attention to writing an entire section on the proposed Civil Service Commission for inclusion in the City Charter. Consequently, certain assumptions and prerogatives were employed in an attempt to draft a complete provision covering the Civil Service system. The specific points addressed by the Committee were included in the draft. Councilman Miller requested that staff compile an estimate of the number of hours an individual would have to serve during a 30 day period if there was just one civil service board. Upon a motion by Councilman Strong, Director of Public Works Dale Hawley was appointed to serve as the City's representative on the Solid Waste Management Advisory Committee. Upon a motion by Councilman Barton, Annual Report from the Board of Trustees of the Fire Department's Relief and Pension Fund, was received and ordered placed on file. Councilman Means expressed his appreciation to the Mayor for his Committee to Employ the Handicapped. Bakersfield, California, October 8, 1980 - Page 6 493 Councilman Means commented briefly on the Council getting together, as a whole, to discuss a replacement for the City Manager. Upon a motion by Councilman Strong, the Council will recess to an Executive Session to discuss the qualifications of specific persons on the City staff for the position of City Manager immediately following the last item on tonight's agenda. Council- man Means voted in the negative on this motion. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2011 to 2315, inclusive, in the amount of $1,438,365.60. (b) Claim for Damages and Personal Injuries from Georgetta Phelps, 1001 Adelante Circle, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Michael Rodriguez, P.O. Box 18, Lamont, California. (Refer to City Attorney) (d) Claim for Damages from Frank Wong, 2112 Lacey Street, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Allison Landucci, 2800 Hollins Way, Bakersfield. (Refer to City Attorney) (f) Claim for Personal Injuries from Emory L. Jennings, 3337 Pioneer Drive, Apt. A., Bakersfield. (Refer to City Attorney) (g) Claim for Damages from Tim Barnes, 2800 Halfmoon Drive, Apt. E, Bakersfield. (Refer to City Attorney) (h) Street Right-of-Way Deed from Portfolio Properties, Inc., providing dedication of a portion of Beechwood Street, located between Stine Road and Actis Street, south of Planz Road, as required by the Planning Commission for Parcel Map No. 5921. (i) Map of Tract No. 4343 and Improvement Agreement with Watson Division, U.S. Home Corporation, for construction of improvements therein, located east of Barrington Street, north of Nottingham Lane. (J) Improvement Agreement for Parcel Map No. 5787 with James & Mary Anhalt and Frank & Teresa Cicone for construction of improvements therein, located on the south side of Buena Vista Road, between "A" Street and Holtby Road. 494 Bakersfield, California, October 8, 1980 - Page 7 (k) Notices of Completion and Acceptance of Work for: Street Improvements on White Lane between Wible Road and Shepard Street, Contract No. 80-117 with Granite Construction Co. Tract No. 3916, Contract No. 78-100, with R. A. Wadsworth Builders, Inc., located at Auburn Oaks Drive and Fairfax Road. Application for Encroachment Permit from Karl Stahl and Jeff Wattenbarger, 4022 Niles Street, for construction of a 6 foot high concrete wall at back of sidewalk along College Avenue, 450 feet west of Flintridge Drive to 100 feet east of Flintridge Drive. (m) Plans and Specifications for construction of A.C. Pavement on Planz Road, between South "H" Street and South Chester Avenue, F.A.U. Project No. M-F 245(2). (n) Contract Change Order No. 1 to Contract No. 80-145 with Charles H. Miller for construction o£ Service Door at the Civic Auditorium. This Change Order provides for relocation of a 6" fire support line not shown correctly on existing drawings. The item for Class A concrete was reduced due to elimination of a portion of retaining wall. The Change Order decreases the cost o£ the contract $239.67, resulting in a total contract cost of $30,740.83. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Miller, all bids for con- struction of the Auburn Street Storm Drain, were rejected and the staff was authorized ~o re-evaluate the project and readvertise for bids. Upon a motion by Councilman Payne, low bid of Ray Gaskin Service for 49,500 Lb. Cab & Chassis for the Public Works Department, was accepted and all other bids rejected. Bakersfield, California, October 8, 1980 - Page 8 495 Upon a motion by Councilman Miller, low bid of Vangas, Inc., for Annual Contract for Propane, was accepted, the other bid rejected and the Mayor was authorized to execut'e the contract. Upon a motion by Councilman Christensen, low bid of Redding Steel for Corrugated Metal Pipe, was accepted and all other bids rejected. Upon a motion by Councilman Miller, bids of Halprin Supply, in the amount of $14,606.80, American Rubber Manufacturing, in the amount of $2,340.48, and Jorgensen & Company, in the amount of $853.51, for Fire Hose, were accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Miracle Recreation for swings and slides for the Parks Department, was accepted and the other bid rejected. Upon a motion by Councilman Payne, usual bidding require- ments were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price not to exceed the budgeted amount for three used cars for the Police Department for undercover work. NEW BUSINESS First reading of an Ordinance of the Council o£ the City of Bakersfield amending Chapter 8.72 of the Bakers- field Municipal Code relative to Sewers--Use and Connections by Non- Residents. This ordinance would update sewer-connection charges and procedures applicable to sewer use by non-residents. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 8.72 of the Bakersfield Municipal Code relative to Sewers--Use and Connections by Non-Residents. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of White Lane and Stine Road. 496 Bakersfield, California, October 8, 1980 - Page 9 The application for this amendment was made by Joseph A. Leon for Frank Delfino and would change subject property from an R-2-MH-D (Limited Multiple Family Dwelling - Mobilehome - Archi- tectural Design) Zone to a C-2-D Zone. The Planning Commission (Commercial - Architectural Design) approved the amendment and recom- mended same to the City Council pursuant to Section 17.52.200 (Conditional Zoning), subject to the following conditions: (a) Dedicate a 25-foot wide strip of right-of- way along Stine Road. (b) Construction of curb and gutter, and paving of area between said curb and gutter, and the existing pavement along Stine Road. (c) Construction of curb and gutter, and paving a 12-foot wide strip along White Lane. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of White Lane and Stine Road. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of 40th Street and Q Street; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Donald G. Sharpe 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, consisting of a 72-unit apartment complex. 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 Bakersfield, California, October 8, 1980 - Page 10 497 certain property east corner of 40th Street and Q Street; and making findings connection with a P.U.D. Zone. Ward, Agent from an "A" ment) Zone, in the City of Bakersfield located on the south- in First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of Wilson Road and Planz Road; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by James E. for U & J Investments, and would change subject property (Agricultural) Zone to a P.U.D. (Planned Unit Develop- consisting of 44 single family condominium units. 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 north- east corner of Wilson Road and Planz Road; and making findings in connection with a P.U.D. Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.02 o£ Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of the proposed Auburn Street Extension, and east of Fairfax Road; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Donald G. Sharpe and would change subject property from an R-2-MH-D (Limited Multiple Family Dwelling - Mobilehome - Architectural Design) Zone to a P.U.D (Planned Unit Development) Zone, consisting of 290 apartments and 160 condominium units for a total of 450 units. 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 ~unicipal Code changing the Land Use Zoning of 498 Bakersfield, California, October 8, 1980 - Page ll those certain properties in the City of Bakersfield located on the north side of the proposed Auburn Street Extension; and making findings in connection with a P.U.D. Zone. Adoption of Resolution No. 61-80 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Annexation No. 283 (Stockdale No. 12). The proposed annexation consists of approximately 57 acres of inhabited land and is located in the vicinity of E1 Rio Drive and Stockdale Highway. This resolution initiates the pre- liminary proceedings for annexation of Stockdale No. 12. When the Council placed a temporary moratorium on annexations, this area was one of three which were excepted from the moratorium. The Planning Commission approved the proposed annexation on January 16, 1980. Upon a motion by Councilman Payne, Resolution No. 61-80 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 283 (Stockdale No. 12), was adopted and referred to the Public Works Department for filing with the Local Agency Formation Commission by the following roll call vote: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen None None Ayes: Noes: Absent: Adoption of Resolution No. 62-80 of the Council of the City of Bakers- field requesting the Public Utilities Commission to require Pacific Gas and Electric Company to refund lifeline entitlements and to increase the residential air conditioning life- line allowance at Tier I level. Pursuant to the direction of the City Council at its regular meeting of September 10, 1980, this resolution was pre- pared for presentation to the Public Utilities Commission at the Bakersfield, California, October 8, 1980 - Page 12 499 Ayes: Noes: None Absent: None scheduled hearing in Fresno on October 20, 1980, to hear matters relating to Pacific Gas & Electric Company's general rate increase request. Upon a motion by Councilman Means, Resolution No. 62-80 of the Council of the City of Bakersfield requesting the Public Utilities Coramission to require Pacific Gas and Electric Company to refund lifeline entitlements and to increase the residential air conditioning lifeline allowance at Tier I level, was adopted and Councilman Means and City Attorney Oberholzer were authorized to attend the hearing in Fresno as official representatives of the City of Bakersfield, by the following roll call vote: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Approval o£ Engineering Services Agreement between the City and John Carollo Engineers providing for the final design of the Interim Waste- water Treatment Facilities at Treat- ment Plant No. 3. The interim facilities will provide capacity for continued development in the southwest area during the next several years. This engineering firm is presently under contract for the Southwest Sewer Study which is a cooperative project by the City, County of Kern and Kern Council of Governments. Since the firm has done an extensive study and is very familiar with the wastewater facility needs in the southwest area, the Public Works Department recommends that they be retained for the final design. Upon a motion by Councilman Payne, Engineering Services Agreement between the City and John Carollo Engineers providing for the final design of the Interim Wastewater Treatment Facilities at Treatment Plant No. 3, was approved and the Mayor was authorized to execute same. 50O Bakersfield, California, October 8, 1980 - Page 13 Approval of Agreement between the City of Bakersfield and the Kern County Special Olympics for use of City owned swimming pools. This agreement provides for the Special Olympics to use swimming pool facilities during the time they are filled for the High School District or City Recreation Program and when not in conflict with either program. The Special Olympics will pay a fee of $10.00 per hour for each hour they use the pools. The agreement covers the months of April, May and June, 1981. Upon a motion by Councilman Barton, Agreement between the City of Bakersfield and the Kern County Special Olympics for use of City owned swimming pools, was approved and the Mayor was authorized to execute same. Approval of Contract with Panama School District for Community Recreation Program. This is an annual contract for the organization and promotion of programs of community recreation. Upon a motion by Councilman Christensen, Contract with Panama School District for Community Recreation Program, was approved and the Mayor was authorized to execute same. Approval of Agreement with the County of Kern for an Adult Diversion Program. The County Justice System Subvention Program in conformance with Chapter 461 of the California Statutes o£ 1978 have offered funding to establish an Adult Diversion Program. This program would establish a process o£ handling young adult first o£fenders of certain minor offenses without the necessity of the offenders being processed in the normal manner through the Criminal Justice System. Upon a motion by Councilman Strong, Agreement with the County of Kern for an Adult Diversion Program, was approved and the Mayor was authorized to execute same. Bakersfield, California, October 8, 1980 - Page 14 HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Real No. 4," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and the property owners have been notified as required by law. This is an uninhabited annexation containing 8 + acres of land located near Real Road and Stockdale Highway (Wild West Shopping Center). Mayor Hart declared the hearing open for public partici- pation. Mrs. Margaret Parker, 3618 Elcia Drive, objected to her property being annexed into the City. Mrs. Parker questioned why only two residences were being included in this annexation and stated she felt it was to keep the boundary line straight. No further protests or objections being received, Mayor Hart closed the public portion of the hearing for Council delibera- tion and action. Duane Gartner, one of the owners of the Wild West Shopping Center, answered questions regarding zoning of this property. Councilman Barton stated because there are only two residences in this area he would request that the staff make sure they do not get slighted, in the future, on City services. Mrs. Bryant, neighbor of Mrs. Parker's on Elcia Drive, objected to being annexed into the City of Bakersfield. Upon a motion by Councilman Ratty, ReSolution No. 63-80 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Proceeding No. 735, Annexation No. 281 (Real No. 4) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Means, None Councilman Barton Miller, Payne, Ratty, Strong, Christensen Bakers£ield, California, October 8, 1980 - Page 15 EXECUTIVE SESSION In accordance with an earlier action, the Council recessed to an Executive Session at 9:00 P.M. to discuss the qualifications: of specific persons on the City Staff for the position of City Manager. The regular Council Meeting was reconvened at 10:00 P.M. ANNOUNCEmeNT AND ACTION REGARDING CITY MANAGER'S POSITION. Councilman Strong announced that in regards to the position of City Manager the Bakersfield City Council has met Executive Session presently on City Management staff. to discuss the specific qualifications of persons, staff, as viewed by individual Councilmen and Councilman Strong, as a result of this discussion, made a motion that the Council encourage the following staff members to apply on or before October 31, 1980, for the position of City Manager: J. Dale Hawley, Director of Public Works. Philip Kelmar, Assistant City ~lanager- Finance. Dennis Needham, Director of Fire and Development Services. Councilman Means offered a substitute motion that the process of filling the position of City Manager be opened up to any and all eligible people within the City as well as the entire nation. Councilman Means stated this is not a reflection against the three persons requested to submit an application, but he felt the City of Bakersfield should search throughout the entire U.S. for the best possible candidate. After the search, if it is felt the top candidate is one of the three people presently then we should select him. Councilman Payne stated the substitute motion cost-effective and it is not practicable or feasible to on staff is not expect Bakersfield, California, October 8, 1980 - Page 16 Ayes: Noes: Absent: part-time politicians to devote the time and effort it would take to conduct a search of that magnitude. It is not possible to fairly evaluate State or Nation-wide applicants in the time con- straints the Council is working under. We cannot expect outsiders to appreciate the interworkings of this City or have the same level of affection and concern for its welfare that present staff members have displayed over the years. Councilman Christensen stated he has discussed this with numerous people in his ward and their consensus is that it should be opened to other people. Councilman Christensen stated he wants it known he is in no way opposed to the three staff members who have been mentioned, but would tend to favor opening it up to appli- cants outside the City staff. Councilman Miller stated he is appalled that Councilman Means did not bring this up in the Executive Session. Counc$1man Strong stated it should be made very clear the Council has done nothing to absolutely preclude people outside the City staff from applying for this position. Councilman Means' substitute motion that the process of filling the position of City Manager be opened up to any and all eligible people within the City as well as the entire nation, failed to carry by the following roll call vote: Councilmen ~eans, Christensen Councilmen Miller, Payne, Ratty, Strong, Barton None Councilman Strong's motion that the Council encourage the following staff members to apply on or before October 31, 1980, for the position of City ~anager: J. Dale Hawley, Director of Public Works, Philip Kelmar, Assistant City Manager- Finance, and Dennis Needham, Director of Fire and Development Services, $0 i Bakersfield, California, October 8, 1980 - Page 17 carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Miller, Payne, Ratty, Christensen Strong, Barton, Councilman Means None Councilman Christensen requested that the record show that he voted in favor of opening the City Manager's position to all eligible people, as requested by his constitutents, and that motion failed to carry. motion that certain City October 31, 1980. There being no He then voted in favor of the original staff members file an application by ADJOURNMENT further business to come before the Council, upon a motion by Councilman Miller, the meeting was adjourned at 10:20 P.M. rsfield, Calif. ATTEST: CIT~ERK AND~io Clerk of the Council of ~he City of Bakersfield, California ma Bakers£ield, California, October 29, 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., October 29, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Absent: None Minutes of the regular meeting of October 8, 1980 were approved as presented. SCHEDULED PUBLIC STATERENTS Mr. Loron J. Hodge, Secretary/Manager of the Kern County Farm Bureau, read a letter from the Farm Bureau requesting that the Council go on record in opposition to Proposition No. 8. This Proposition, if passed, makes it more difficult to develop California's major north coast rivers, gives constitutiona~ status to delta water rights, water quality, and establishes court priority for considering suits involving construction of the Peripheral Canal. Councilman Ratty made a motion that the Council go on record in opposition to Proposition No. 8 and after considerable discussion this motion was withdrawn. CORRESPONDENCE Upon a motion by Councilman Barton, communication from the Kern County Public Works Department and County Surveyor, dated October 6, 1980, requesting that a member of the Council be desig- nated to serve on the Solid Waste Management Advisory Council, was received and Councilman Ratty was appointed to serve on that CounciZL. Upon a motion by Councilman Christensen, communication from Golden Empire Transit District, dated October 8, 1980, sub- mitting their Financial Report for year ending June 30, 1980, was received and ordered placed on file. Bakersfield, California, October 29, 1980 - Page 2 Upon a motion by Councilman Barton, communication from the American Legion, Bakersfield Post No. 26, inviting the Council[ to participate in the Annual Veterans Day Parade at 10:00 A.M., Tuesday, November 11, 1980, was received and ordered placed on file. Upon a motion by Councilman Strong, communication from the Kern County Economic Opportunity Corporation, dated October 17, 1980, regarding extension of contract for Cleanup Project, was received and extension of time granted. Upon a motion by Councilman Miller, communication from the Kern County Council of Governments, dated October 17, 1980, regarding West Bakersfield Sewer Study, was received and referred to staff for study and recommendation. Upon a motion by Councilman Strong, communication from the Citizens Committee for Affordable Housing, 1700 Los Robles Drive, Bakersfield, dated October 8, 1980, requesting that the Council go on record in support of Measure "A" regarding funds for development of rental housing construction for low, moderate and elderly low-income citizens, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from the No on 8 Committee, dated October 20, 1980, requesting that the Council go on record in opposition to Proposition 8 pertaining to controlling any future development of the north coast rivers, was received and ordered placed on file. Upon a motion by Councilman Means, communication from Bakersfield Cable TV, Inc., dated October 24, 1980, giving notice of intention to raise their service rates within the City, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from the Department of Housing and Urban Development, dated October 20, 1980, regarding the City of Bakersfield's Application for an Urban Development Action Grant being held over, was received and referred to staff and Redevelopment Agency. Bakersfield, California, October 29, 1980 - Page 3 Upon a motion by Councilman Christensen, communication from Donald F. Kurtz, 2444 Hasti Acres Drive, dated October 26, 1980, filing a complaint against Warner Cable TV, was received and referred to staff and Warner Cable TV. Councilman Barton stated a communication from the Kern County Public Employees Association, SEIU Local 700, AFL-CIO, dated October 29, 1980, expressing their concerns regarding the proposed Charter Amendments will be considered at the time this subject is brought up under Council Statements. Upon a motion by Councilman Christensen, the Charter Review and Advisory Commission, was reactivated (the date will be determined at the next Council Meeting after each Councilman has an opportunity to contact his appointees) and the members of the Commission were instructed to set guidelines that will help remedy the absenteeism at their meetings. COUNCIL STATEMENTS Councilman Barton requested that staff furnish each Councilman with a copy of the City Attorney's report on the Charter Revisions, dated September 30, 1980, so it can be discussed later tonight. Councilman Ratty nominated Mr. Ray Hollibaugh, 3616 E1Alisal Street, to fill the vacancy on the Board of Building Appeals. Councilman Ratty requested that staff investigate a complaint he received regarding buses parking in the parking lots in Westchester on the west side of "F" Street. Councilman Ratty extended an invitation to the Council to attend a rally at the Bakersfield Airpark on Monday, November 3, 1980, at Noon. Lt. Governor Mike Curb, two Minority Senate Leaders and Mike and Maureen Reagan will be in attendance. Upon a motion by Councilman Ratty, Mr. Ray Hollibaugh, 3616 E~ Alisal Street, was appointed to fill the vacancy on the Board of Building Appeals. 4 Bakersfield, Cali£ornia, October 29, 1980 - Page 4 Councilman Strong suggested that at the end of tonight's agenda the Council recess to an Executive Session to discuss the qualifications of the three candidates for the City Manager's position. Councilman Strong also requested that the interviews with the three candidates begin Monday, November 3, 1980, at 5:00 P.M. and a meeting be called for that purpose. City Manager Bergen stated there is a resolution on tonight's agenda setting Council Meetings dates through February, 1981, and the meeting Monday night could be made part of the motie. n when the resolution is adopted. Mayor Hart requested that dinner be ordered for the Council next Monday evening. Upon a motion by Councilman Miller, Mr. Mac D. Culver, 3709 River Boulevard, was appointed to fill the vacancy, created by the resignation of Mr. Bill Jing, on the Miscellaneous Depart- ments Civil Service Board, term expiring December 31, 1982. Councilman Means abstained from voting on this matter. Upon a motion by Couniclman Miller, Mr. Jerry Towery, ll8 Miner Street, was appointed to fill the vacancy on the Board of Building Appeals, by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen Noes: Councilman Means Absent: None Councilman Means in clarifying his negative vote stated he opposed the motion because he did not have a resume. Upon a motion by Councilman Barton, the City Attorney was requested to draft the necessary documents for adoption at the Council Meeting of November 5, 1980, to place the changes recommended in the City Attorney's report of September 30, 1980 (pages 1-7), to bring the Charter into compliance with the Constitution, decisions of the courts and State law, on the ballot for the March 3, 1981 election. Bakers£ield, California, October 29, 1980 - Page 5 Councilman Barton made a motion that the City Attorney draft the necessary documents for adoption at the Council Meeting of November 5, 1980, to place the changes recommended by the Charter Review and Advisory Commission, abolishing the three Civil Service Commissions and establishing one seven-member Civil Service Commission, on the March 3, 1981 ballot, with the following exceptions: (Refer to City Attorney's Report of September 30, 1980, Charter Review & Advisory Committee Revision, Article XIII) Page 3 - Probation Period "Should appointees fail to complete the promotional probation period, they shall be returned to their former permanent position, if a vacancy exists in the position." Remove the wording - , if a vacancy exists. "Safety personnel (fire and police) at the entrance level and management personnel shall serve a probationary period not to exceed eighteen (18) months. All other probationary periods shall not exceed nine (9) months." Page Amend that statement to read: 18 months for Police, 12 months for Fire and 6 ~onths for Miscellaneous employees. 5 - Limitation of Employment "ll. Employees of the City of Bakersfield shall not follow any other profession, trade, calling or business that will jeopardize or impair the performance of their duties. The heads of City depart- ments shall define the limits for outside employment and will be responsible for their enforcement. (Suggested addition: Employees shall not engage in outside employment without consent of Department Head.)" Remove the Suggested addition - Does not need to be in the Charter. Councilman Ratty suggested that this motion be held over until the Council Meeting of November 5, 1980, in order to receive input from members of the Charter Review and Advisory Commission. Bakersfield, California, October 29, 1980 - Page 6 Councilman Barton stated he would incorporate into his motion the addition of the City Attorney's recommendation (Page 1 of the Charter Review and Advisory Committee's Revision) re- garding removal of Civil Service Commissioners for incompetency, incompatibility, or dereliction of duty or malfeasance in office or other good causes. Councilman Strong stated he has problems with the Police Department using psychological examinations that have not been validated and requested that the City Attorney research this and provide the Council with alternatives. Councilman Strong also stated he would be interested in knowing the present commissioners' opinions of these tests. Mayor Hart declared a brief recess at 9:55 P.M. and reconvened the Council Meeting at 10:05 P.M. Councilman Barton's motion that the City Attorney draft the necessary documents for adoption at the Council Meeting of November 5, 1980, to place the changes recommended by the Charter Review and Advisory Commission, abolishing the three Civil Service Commissions and establishing one seven-member Civil Service Com- mission, on the March 3, 1981 ballot, with the exceptions as listed previously, was approved. Upon a motion by Councilman Barton, communication from the Kern County Public Employees Association, SEIU Local 700, AFL-CIO, dated October 29, 1980, the proposed Charter Amendments, on file. Councilman Miller, expressing their concerns regarding was received and ordered placed REPORTS member of the Budget Review and Finance Committee, read Report No. 15-80 regarding Consultant for City- Wide Communications Study, as follows: Last December, this Committee reported to the City Council for its information, its concern regarding the overall problems with the City's Bakersfield, California, October 29, 1980 - Page 7 radio communication system and indicated out- side professional services are necessary to solve the problems and assist with future planning. In addition, the report also addressed the possibility of obtaining outside funding to accomplish this. In April, we again reported to the Council and indicated numerous contacts had been made regarding outside funding, however, none could be obtained. The Committee therefore recommended and the Council concurred, the staff be authorized to request proposals for these services with certain specific objectives. (See Attachment #1) Proposals from £ive firms were received by the City. A committee, comprised of the department heads from the three major using departments and a representative from the City Manager's Office, reviewed these proposals. Two were eliminated due to cost and lack of experience and the remaining three were invited to inter- view - Stanford Research Institute, Theorem Institute and Tele Com, Inc. Prior to the interview, a number of calls were made to governmental organizations £rom whom the three firms had performed similar services. All three organizations made excellent presentations and were relatively close in cost, however, due to the greater depth of experience and supporting resources, Stanford Research Institute is being recommended, at a fee of $29,723. Funds are available from Police Department Communication System improvements previously budgeted for, but not accomplished due to the decision to perform this study. Upon a motion by Councilman Miller, Budget Review and Finance Committee Report No. 15-80 regarding Consultant for City- Wide Communications Study, was accepted; and recommendations as outlined in the report, were approved. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 16-80 regarding Housing Mortgage Revenue Bond Underwriters, as follows: This Committee recently reported to the City Council regarding its meetings with representa- tives from four bond underwriting firms - E. F. Hutton; Drexel Burnhan Lambert; Shearson, Hayden, Stone and a joint venture of Bank of America and L. F. Rothschild, Unterberg, Towbin. It was indicated at that time we were not prepared to make any recommendations on the selection o£ an underwriting firm or on the issuance of bonds. The Committee did feel a housing feasibility study should be performed and recommended the staff be authorized to contract with a nationally recognized firm. Bakersfield, California, October 29, 1980 - Page 8 This s~dy is a necessary step in the process in order to obtain a rating from the bond rating agencies as well as determining the size of the issue. It is presently contem- plated an interim report will be completed by the end of this month. At this point, the Committee is still not prepared to make a recommendation regarding the issuance of bonds, however, due to the present time constraints regarding these types of bonds, we feel the City should select a bond underwriter and be prepared to act pending the outcome of the housing feasibility study and money market conditions. Selection of a bond underwriter does not obligate the City to issue bonds nor incur any costs as their fees are predicated on the sale of bonds. This Committee and Staff was most impressed with the presentation of the joint venture of Bank of America and L. F. Rothschild. In addition, Bank of America has indicated the possibility of issuing to the City a letter of credit, which in essence is a guarantee of the principal and interest payments for the maturity of the bonds. L. F. Rothschild has subsequently indicated an interest by another bank in issuing a letter of credit if Bank of America does not. A letter of credit such as this would have a very favorable impact on the interest rates bonds would be sold at. We, therefore, recommend the joint venture of Bank of America and L. F. Rothschild be selected as bond underwriters and an underwriting agree- ment be entered into. Upon a motion by Councilman Means, Budget Review and Finance Committee ~eport No. 16-80 regarding Housing Mortgage Revenue Bond Underwriters, was accepted;and recommendations as outlined in the report, were approved. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 17-80 regarding Request for Community Development Funds from Outside Organizations, as follows: Recently, there have been a number of inquiries from local agencies and community groups re- garding the availability of Block Grant funding for various activities. In light of these requests, the Budget Review and Finance Com- mittee proposes establishing a policy for use of Community Development funds by outside agencies. This policy will establish a pro- cedure to ensure that the City Council and the requesting agency or group can discuss and act upon the request in a structured and equitable manner. Bakersfield, California, October 29, 1980 - Page 9 9 Under this policy, there are four elements which a requesting agency must meet in order to have their funding considered. They are as follows: 1. The applicant must qualify under one of the following categories: ao Private non-profit entity organized to promote and undertake Community Develop- ment activities; Neighborhood based non-profit organi- zation a majority of whose membership clientele or governing body is com- prised of residents of the neighborhood to be served; A small business investment company organized under the Small Business Investment Act of 1958; or do A Local Development Corporation organi- zed pursuant to applicable Federal or State regulations. The applicant agency must demonstrate that the proposed project qualifies for funding as a basic eligible activity under the Community Development Block Grant regulations. Applicants for funds must demonstrate that the project to be undertaken supports the Comprehensive Strategy set forth in the 3- year plan adopted by the City Council on May 16, 1979 and any updates to that strategy subsequently approved by Council. Additionally, approval of such requests will be subject to the availability of Community Development funds in any program year within the City's priorities. o Projects will be limited to one-time funding in any program year. No on-going multi- year funding requests will be considered. Similarly, no requests for maintenance and operating expenses will be considered for any project or organizations. The Budget Review and Finance Committee believes that adoption o£ this policy at this time will be beneficial both to the Council as a whole and City staff in reviewing outside requests for 1980-81 Block Grant funds. Additionally, adoption of this policy will assist staff in soliciting and analyzing citizens involved in the preparation of the 1981-82 Community Develop- ment Block Grant Application. Therefore, it is recommended that the City Council adopt this policy. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 17-80 regarding Request for Community Bakersfield, California, October 29, 1980 - Page l0 Development Funds from Outside Organizations, was accepted; and policies as outlined in the report, were approved. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 18-80 regarding Extension Request on Community Development Corporation Contract 80-7, as follows: On September 24, 1980 the Greater Bakersfield Community Development Corporation submitted a letter to the City Council regarding a request for extension on Contract 80-7. Under that contract, the Community Development Corporation had two purposes. One was to study the existing economic conditions of Central Bakersfield and to devise strategy to improve those conditions. The other purpose o£ the contract was to pro- vide the Community Development Corporation with time and a track record upon which to base permanent funding requests to be submitted to provide foundations for on-going programs. Due to administrative and recruiting problems, the Community Development Corporation was not fully operational until three months into the contract. The remaining three months,ending September 30, 1980, were dedicated to producing the economic analysis and strategy report. That report has been submitted to the City staff and City Council. In spite of the short time frame, the Community Development Corporation staff has solicited interest of three foundations. Negotiations have been continuing with these foundations for permanent funding part of which was condi- tional on the CDC receiving Federal Tax exempt status. That has not been accomplished. In order to complete the negotiations, CDC is requesting a 30-day extension of Contract 80-7 utilizing approximately $4,000 of unexpended funds from the original contract amount. Budget Review and Finance Committee is o£ the opinion that a sufficient amount of citizen interest has been developed in the CDC, and that the basic organization framework for continued citizen involvement now exists. Since securing permanent funding was one o£ the original contract objectives and there are funds remaining in the contract account, an extension of 30 days is in order so that the CDC can complete negotiations with the foundations. Therefore, Budget Review and Finance Committee recommends that a 30-day extension of Contract 80-7 be approved not to exceed $4,000 for the express purpose of completing negotiations for Bakersfield, California, October 29, 1980 - Page ll 1! permanent funding for the CDC from the afore- mentioned private foundations. The extension period would run November I through November 30, 1980. After considerable discussion, Councilman Means made a motion that Budget Review and Finance Committee Report No. 18-80 regarding Extension Request on Community Development Corporation Contract 80-7, be accepted; and the Contract extended from November l, 1980 for 90 days, retroactive to September 30, 1980, on the conditions that prior to that period a work plan be submitted. After further discussion, Councilman Strong offered a substitute motion that Contract No. 80-7 be extended retroactive for 90 days provided the Community Development Corporation provide the staff, within the first 30 days, a schedule of how the $4,000 will be used. Councilman Ratty stated all of this is nice, however, they have not performed in the past and there is nothing to prove they will perform in the future and the Council is contemplating continuing a bad scene. Councilman Ratty stated he would oppose the motion. Mr. Jim Feliz, representing the Community Development Corporation, stated they have produced the reports stipulated in the contract and outlined some of the things they have accomplished. Councilman Strong's substitute motion that Contract No. 80-7 be extended retroactive for 90 days provided the Community Development Corporation provide the staff, within the first 30 days, a schedule of how the $4,000 will be used, was approved by the following roll call vote: Ayes: Councilmen Miller, Strong, Christensen, Means Noes: Councilmen Payne, Ratty, Barton Absent: None Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 10-80 regarding City Attorney's Office Reorganization, as follows: Bakers£ield, California, October 29, 1980 - Page 12 Attached to this report is a memorandum from City Attorney Richard Oberholzer to the Govern- mental Efficiency and Personnel Committee regarding reorganization within his office. This memorandum is in answer to several questions which were asked of the City Attorney by the Council during a recent executive session. As pointed out in his memorandum he is requesting the following: 1. One additional Deputy Attorney I. o Transfer the City Insurance Coordinator and his stenographer from the City Manager's Office to the City Attorney's Office. The GEP Committee has reviewed both of these requests in detail and we are in concurrence with the City Attorney that these changes will provide for a more efficient operation. We are, therefore, recommending Council approval of one Deputy City Attorney I at a salary range of $2,035 to $2,445 per month and transfer from the Council's Contingency Fund to the City Attorney's Budget a sum of $20,000 to pay for this transaction for the remainder of fiscal year 1980-81. The second item regarding the transfer of the Insurance Coordinator and his stenographer can be handled administratively. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 10-80 regarding City Attorney's Office Reorganization, was accepted; and recommenda- tions as outlined in the report, were approved. Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 10-80 regarding Central Parking Mall, as follows: Since the adoption of the ordinance by the City Council enabling the formation of the Central Parking Mall, there have been requests from time to time to expand the mall for more addi- tional customer parking places. Due to recent interest from the Downtown Business Association, and through the Committee's continuous review and assessment o£ parking needs, the Committee determined at its October 8th meeting that 17 additional spaces could be developed by expanding the mall to include 19th and 20th Streets between "F" and "G" Streets. As is indicated in the DBA's letter of September 18, 1980, to the Business Development and Bakersfield, California, October 29, 1980 - Page Parking Committee, the majority of the business operators and owners in this area favor the expansion of the parking mall so that the 17 additional spaces will be gained to help relieve the parking needs downtown. Therefore, the Committee recommends adopting the ordinance which adds 19th and 20th Streets between "F" and "G" Streets to the Central Parking Mall. Mayor Hart stated that due to a real or imaginary con- flict of interest he would not participate in this matter and yielded the chair to Vice-Mayor Barton. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 10-80 regarding Central Parking Mall, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code adding certain streets to the Central Parking Mall. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code adding certain Streets to the Central Parking Mall. Upon a motion by Councilman Payne, Budget Transfer, in the amount of $4,000, from the Council's Contingency Fund No. 11-512-6100 to Account No. 11-264-1200 to pay for the changes in the Central Parking Mall, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2316 to 2783, inclusive, in the amount of $1,024,230.77. (b) Claim for Damages from Abel Mendez, Jr., 312 Crawford Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Kathy Robinson, 2015 Anita Lane, Bakersfield. (Refer City Attorney) to (d) Quitclaim Deed to County of Kern for clarification of the County's title to the vacated portion of the east half of Union Avenue lying north of Panorama Drive which was abandoned as a public road on January 7, 1957. This land is now developed as part of Panorama Park. 14 Bakersfield, California, October 29, 1980 - Page 14 (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) (o) Sewer Line Easement from Richard E. and Constance J. Frasch located north of Meadowbrook Way and west of Tam-O-Shanter Drive. Sewer Line Easement from the First Assembly of God of Bakersfield located between LaMirada Drive and Dunsmuir Road, as required by the Planning Commission with Parcel Map No. 5612. Sewer Line Easement from the Stockdale Golf and Country Club located in Section 4, Township 30 South, Range 27 East, M.D. B. & M., and west of Tam-O-Shanter Drive. Map of Tract No. 4114 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located west of Montclair Street and south of LaMirada Drive. Map of Tract No. 4192 and Improvement Agreement with Regional Mortgage Company for construction of improvements therein, located north of White Lane, east of Hughes Lane. Map of Tract No. 4221 and Improvement Agreement with Tenneco Realty Development Corporation for construction Of improve- ments therein, located north of White Lane and east of Lily Drive. Map of Tract No. 4222 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located north of White Lane and east of Shelby Loop. Map of Tract No. 4223 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located north of White Lane and east of Lily Drive. Map of Tract No. 4321 "A", "B" and "L" and Improvement Agreement with Auburn Venture, A Limited Partnership, for construction of improvements therein, located adjacent to the north side of Auburn Street and east of Fairfax Road. Improvement Agreement for Parcel Map No. 5714 with Tenneco Realty Development Corporation for construction of improve- ments therein, located north of Business Center Drive and east of California Avenue. Improvement Agreement for Parcel Map No. 5797 with Tenneco Realty Development Corporation for construction of improve- ments therein, located north of Business Center Drive and east of California Avenue. Bakersfield, California, October 29, 1980 - Page 15 15 (P) (q) (r) (s) (t) (u) (v) Improvement Agreement for Parcel Map No. 5885 with Elmer F. Karpe, Inc., and Regional Mortgage Company, Inc., for construction of improvements therein, located on the north side of Panama Lane, east of Freeway 99. Application for Encroachment Permit from Sandstone Brick Co., P.O. Box 866, for construction of a 6 foot high chain link fence 5 feet behind curb line along the north and south sides of Chico Street from Sonora Street to Inyo Street and along the west side of Inyo Street from Butte Street north to railroad tracks. The Public Works Department recommends approval subject to the following condi- tions: Curb and gutter be installed along the west side of Inyo Street from Butte Street to Chico Street. A 60 foot corner cut-off from pro- jected curb lines be applied to the northwest and southwest corners of Chico Street and Inyo Street and the northwest corner of Butte Street and Inyo Street. Application for Encroachment Permit from Haen Sun Kim, 2000 Glencliffe Lane, for construction of a 3 foot high block and wrought iron fence adjacent to back of sidewalk along the southeast corner o£ Glencliffe Lane and Shetland Drive. Application for Encroachment Permit from Southern Auto Supply, Inc., 427 East 18th Street, for construction of a sign extending into the right-of-way 10 feet above the sidewalk at 427 East 18th Street. Application for Encroachment Permit from Grand Auto, Inc., 7200 Edgewater Drive, for construction of a concrete curb planter along back of sidewalk at 2100 Wible Road. Plans and Specifications for Bernard Street Storm Water Retention Basin. Notices of Completion and Acceptance of Work for: Parcel Map No. 4104, Contract No. 79-67 with Vic Gifford, located at Burr Street and Gibson Street. Parcel Map No. 5656, Contract No. 80-34 with Tenneco Realty Development Corporation, located at Stockdale Industrial Park and Collins Court. Bakersfield, California, October 29, 1980 - Page 16 (w) (x) Parcel Map No. 5744, with Norman O. Lum, and White Lane. Contract No. 80-35 located at Akers Road Resurfacing Monitor Street south of White Lane, Contract No. 80-134 with Granite Construction Company. Sandra Drive Pump Station Modifications, Contract No. 80-144 with ~icon. Pavement reconstruction on Stockdale Highway in the vicinity of Gosford Road, Contract No. 80-135 with Granite Construc- tion Company. Tract No. 3828 (B), Contract No. 79-114 with Loma Vista Construction, located at Alberta Street and Fairview Road. The Public Works Department recommends acceptance of improvements adjacent to Lots 1-40 and a 12-month extension for the remainder of the tract. The revised completion date will be August 8, 1981. Tract No. 4245, Contract No. 80-109 with Tenneco Realty Development Corporation, located at Corvallis Lane and Chewacan Drive. Tract No. 4141, Contract No. 80-87 with Tenneco Realty Development Corporation, located at West Half Moon Drive south of Pullman Drive. Tract No. 4143, Contract No. 80-14 with Tenneco Realty Development Corporation, located at West Half Moon Drive, South Laurelglen Boulevard and Alamosa Lane. Tract No. 3945 (A), Contract No. 78-131 with Bakersfield Country Club Development, located at Fairfax Road and Valleyview Street. Contract Change Order No. 4 to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase II, FAU Project No. M-F 252(1). Daulbert, Trumball 5-X Mastic specified in Item No. 67 of the Special Provisions of the specifications is no longer avail- able. Gibson Homan Mastic #6525-900 is an approved alternate product. No change in contract price results from this Change Order. Contract Change Order No. 1 to Contract No. 80-135 with Granite Construction Company for pavement reconstruction on Stockdale Highway in the vicinity of Gosford Road. The three inch electrical conduit across the west leg of Stockdale Highway and Gosford Road intersection was Bakersfield, California, October 29, 1980 - Page 17 1¸7 installed under another contract, there- fore, it has been deleted from this contract. The Change Order decreases the cost of the contract $974.00 resulting in a total contract cost of $136,730. (y) Request from Ruth T. Burum Living Trust, David & John R. Burum, Trustees, for annexation of property located on 34th Street between "L" and "K" Streets. (Refer to Planning Commission for study and recommendation) (z) Request from Lawton Powers, Inc., for abandonment of the west five feet of the north-south alley running to the east of the C-1 property on the northeast corner of Fairfax Road and Auburn Street. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y) and (z) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Clow Corporation for Bury Extensions and Hydrant Accessories, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Olesen Company for a Spotlight for the Civic Auditorium, was accepted and all other bids rejected. Upon a motion by Councilman Ratty, low bid of Target Chemicals for Chemicals for the Parks Department, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Lortz and Son Manufacturing for Metal Control Weirs for the Agricultural Water Department, was accepted and all other bids rejected. Bakersfield, California, October 29, 1980 - Page 18 Upon a motion by Councilman Miller, Chevrolet for three cars and one truck, and Jim Burke Ford for one car, in the accepted and all other bids rejected. bids of Three Way in the amount of $33,087.90, amount of $9,129,35, were Upon a motion by Councilman Miller, low bid of California Signal Corporation for Traffic Signals and Parts, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, bids of Graybar Electric, in the amount of $2,730.82, and Stewart Electric, in the amount of $2,787.87, for Street Light Globes and Lamps, were accepted and all other bids rejected. Upon a motion by Councilman Miller, low bid for the Base Bid, Alternate A and Alternate B of Gamcon £or construction of Auburn Street Storm Drain, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid for the Base Bid and Alternate A of Granite Construction Company for resurfacing portions of Stockdale Highway, west of McDonald Way, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2576 New Series of the Council of the City of Bakersfield amending Chapter 8.72 of the Bakersfield Municipal Code rela- tive to Sewers--Use and Connections by Non-Residents. Upon a motion by Councilman Ratty, Ordinance No. 2576 New Series of the Council of the City of Bakersfield amending Chapter 8.72 of the Bakersfield Municipal Code relative to Sewers-.- Use and Connections by Non-Residents, was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Bakersfield, California, October 29, 1980 - Page 19 19 Adoption of Ordinance No. 2577 New Series amending Title Seventeen of the Municipal Code of the City o£ Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakers£ield located on the northeast corner of White Lane and Stine Road. The application for this amendment was made by Joseph A. Leon for Frank Delfino and would change subject property from an R-2-MH-D (Limited Multiple Family Dwelling - Mobilehome - Archi- tectural Design) Zone to a C-2-D (Commercial - Architectural Design) Zone. The Planning Commission approved the amendment recommended same to the City Council pursuant to Section (Conditional Zoning), subject to the following conditions: (a) Dedicate a 25-foot wide strip o£ right-of- way along Stine Road. (b) Construction of curb and gutter, and paving of area between said curb and gutter, and the existing pavement along Stine Road. (c) Construction of curb and gutter, and paving a 12-foot wide strip along White Lane. and 17.52.200 and Ordinance No. 2577 New Series amending Title Seventeen of the Ayes: Noes: Absent: Municipal Code of the City of Bakersfield changing the Land Use Zoning of that certain property in the City o£ Bakersfield located on the northeast corner of White Lane and Stine Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means None None Adoption of Ordinance No. 2578 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 Wilson Road and Planz Road; and making findings in connection with a P.U.D. Zone. Upon a motion by Councilman Payne, Negative Declaration 2O Bakersfield, California, October 29, 1980 - Page 20 The application for this amendment was made by James E. Ward, Agent for U & J Investments, and would change subject property from an "A" (Agricultural) Zone to a P.U.D. (Planned Unit Develop- ment) Zone, consisting of 44 single family condominium units. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2578 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 northwest corner of Wilson Road and Planz Road; and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General P~an, adopted by the following roll call vote: Councilmen Miller, Payne, Ratty, Christensen, Means None Strong, Barton, None Ayes: Noes: Absent: were Adoption of Ordinance No. 2579 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 southeast corner of 40th Street and Q Street; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Donald G. Sharpe 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, consisting of 72-unit apartment complex. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2579 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 southeast corner of 40th Street and Q Street; and making findings in connection with a P.U.D. Zone, Bakersfield, California, October 29, 1980 - Page 21 finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means None None Ayes: Noes: Absent: Adoption of Ordinance No. 2580 New Series of the Council of the City of Bakersfield amending Section 17.12,020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of the proposed Auburn Street Extension, and east of Fairfax Road; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Donald G. Sharpe and would change subject property from an R-3-MH-D (Limited Multiple Family Dwelling - Mobilehome - Architectural Design) Zone to a P.U.D. (Planned Unit Development) Zone, consisting of 290 apartments and 160 condominium units for a total of 450 units. Upon a motion by Councilman Miller, Negative Declaration and Ordinance No. 2580 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of the proposed Auburn Street Extension, and east of Fairfax Road; and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Bakersfield, California, October 29, 1980 - Page 22 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter l?.12 (Zoning Map) o£ the Municipal Code of the City of Bakersfield, regarding property known as Real No. 4 Annexation. This amendment would zone upon annexation to an R-1 (One Family Dwelling); R-3-D (Limited Multiple Family Dwelling - Architectural Design); and C-1-D (Limited Commercial - Architectural Design), or more restrictive Zones, County of Kern located on the west Stockdale Highway and Elcia Drive, those certain properties in the side of Real Road, between and known as Real No. 4 Annexation. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Real No. 4 Annexation. Adoption of Resolution No. 64-80 of the Council of the City of Bakers- field to allow Bakersfield Police Officers to participate in California Highway Patrol Training. This resolution directs the Chief of Police of the City of Bakersfield to execute agreements for participation of City Police Officers in the California Highway Patrol training programs which are offered without cost to the City. Upon a motion by Councilman Payne, Resolution No. 64-80 of the Council of the City of Bakersfield to allow Bakersfield Police Officers to participate in California Highway Patrol Training, was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Adoption of Resolution No. 65-80 fixing the time of meetings of the Council of the City of Bakersfield during the months of November, December, 1980, and January, 1981. Bakersfield, California, October 29, 1980 - Page 23 Upon a motion by Councilman Means, fixing the time of meetings of the Counci~ of field during the months of November, December, 1981, including a meeting on Monday, November was adopted by the following rol~ call vote: Ayes: Resolution No. 65-80 the City of Bakers- 1980, and January, 3, 1980 at 5:00 P.M., Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Adoption of Resolution No. 66-80 o£ the Council of the City of Bakers- field fixing time for hearing pro- tests to sale of Sump Site to the Greater Bakersfield Separation of Grade District, providing for publication of Notice of Hearing, fixing time final action will be taken, and describing said property. The City has entered into an agreement with the Separation of Grade District for construction of an undercrossing at the Southern Pacific Railroad/Chester Avenue intersection. Part of the District project will occupy a portion of the subject sump site and a proposed storm drain by the District will also eliminate the need for the sump site at the 32rid Street/"K" Street intersection. This resolution will authorize the sale of the property to the District at the appraised value. Upon a motion by Councilman Ratty, Resolution No. 66-80 of the Council of the City of Bakersfield fixing time for hearing protests to the sale o£ Sump Site to the Greater Bakersfield Separation of Grade District, providing for publication of Notice of Hearing, fixing time final action will be taken, and describing said property, was adopted by the following roll Ayes: Councilmen Miller, Payne, Ratty, Christensen, Means Noes: None Absent: None Strong, call vote: Barton, 24 Bakersfield, California, October 29, 1980 - Page 24 Approval of Modification to Agreement No. 78-140 with Security Pacific National Bank to allow deposit of a lump sum drawdown for the Community Development Home Improvement Loan Program. The City Council, on September 24, 1980, authorized prepayment of subsidy prior to releasing loan funds, in accordance with CHFA regulations (Section V). Upon a motion by Councilman Ratty, Modification to Agreement No. 78-140 with Security Pacific National Bank to allow deposit of a lump sum drawdown for the Community Development Home Improvement Loan Program, was approved and the Mayor was authorized to execute same. Approval of Agreement between the Redevelopment Agency and Golden Empire Transit District (GET) for the purpose of submitting a Joint Application to Caltrans for assistance in the development of a Multimodal Transportation Terminal for the Central Business District. In anticipation of certain needs for capital to assist in the development of a Multimodal Transportation Terminal, the Redevelopment Agency and GET are seeking approval of an agreement to allow submittal of a Joint Application to Caltrans. This application will allow the subject project to be reviewed and prioritized by Caltrans for possible funding considerations at a later date. Upon a motion by Councilman Means, Agreement between the Redevelopment Agency and Golden Empire Transit District (GET) for the purpose of submitting a Joint Application to Caltrans for assistance in the development of a Multimodal Transportation Terminal for the Central Business District, was approved and the Mayor was authorized to execute same. Councilman Miller abstained from voting on this matter. Approval of Amendment to Contract No. 80-150 between the City, County of Kern and Gage-Babcock and Associates, Inc., relating to insurance for the Fire Station Location Study. Bakersfield, California, October 29, 1980 - Page 25 25 The contractor was not able to comply with the section under "Strict Liability" in Paragraph No. ll, which for this type of service is not necessary; and the amounts of coverage were re- formulated to match the amounts the contractor carries, which is greater than the original agreement required. Upon a motion by Councilman Barton, Amendment to Contract No. 80-150 between the City, County of Kern and Gage-Babcock and Associates, Inc., relating to insurance for the Fire Station Location Study, was approved and the Mayor was authorized to execute same. Babcock and Associates, the original agreement. can commence work. Approval of request from Gage-Babcock and Associates for a 30-Day Extension of Time for the Fire Station Location Study. It has taken nearly a month for the contractor, Gage- to work out requirements of insurance in With that problem solved, the contractor Upon a motion by Councilman Barton, request from Gage- Babcock and Associates for a 30-Day Extension of Time for the Fire Station Location Study, was approved. Deferral of action on Application by Zip-In Restaurant & Dell for a 56 foot high freestanding sign at 2610 Pierce Road. The Sign Ordinance requires City Council review of all signs which exceed 50 feet in height. The proposed sign installation would utilize an existing sign support system. The ordinance permits an area of 240 square feet in a C-2 Zone. The sign requested is approximately 740 square feet. The prior sign at this location was 50 feet high with an area of approximately 500 square feet. There are other signs in the area that exceed 50 feet in height. Councilman Christensen made a motion to deny the appli- cation of Zip-In Restaurant & Deli for a 56 foot high freestanding sign at 2610 Pierce Road. Bakersfield, California, October 29, 1980 - Page 26 Mr. Alvin Stauffer, Owner of Simple Signman Sign Company, 801 Valencia Drive, requested that the Council grant his application for a sign at 2610 Pierce Road. Councilman Miller offered a substitute motion that action on application of Zip-In Restaurant & Deli for a 56 foot high free- standing sign at 2610 Pierce Road, be deferred until the Council Meeting of November 5, 1980, in order to provide time for each member of the Council to visit the site prior to making a decision. Councilman Christensen withdrew his motion. Councilman Miller's substitute motion was approved with Councilman Payne voting in the negative. Adoption of Resolution No. 67-80 of the Council of the City of Bakers- field designating the Arts Council of Kern as the official "City of Bakersfield and County of Kern Arts Planning Agency." This will be a joint action of the City Council and Board of Supervisors designating the Arts Council of Kern as the official "City of Bakersfield and County of Kern Planning Agency" to administer the California Arts Council State-Local Partnership Program and to implement the Arts Planning process in the region. The City would have the right to receive a portion of these funds but it is felt joint partnership would allow greater efficiency in handling the study. The County would be the lead agency in con- tracting with the Arts Council of Kern. Upon a motion by Councilman Christensen, Resolution No. 67-80 of the Council of the City of Bakersfield designating the Arts Council of Kern as the official "City of Bakersfield and County of Kern Arts Planning Agency," was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Christensen, Means Noes: None Strong, Barton, Absent: None Bakersfield, California, October 29, 1980 - Page 27 HEARINGS This is the time set for public hearing regarding amend-. ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerning the following general areas: Segment 1: J. Alvin Wheelan, representing Douglas Fox, Lloyd Hale, and Therese M. Quarles, has applied to change the land use designation for approximately 14.06 acres located at the northwest corner of Panama Lane and Wible Road from Low Density Residential to Commercial. Segment 2: Michael Cal]agy, representing James Rowland, has applied to change the land use designation for approxi- mately 6.1 acres located at the northeast corner of Wible Road and Panama Lane from Low Density Residential to Commercial. Segment 6: Dan Villalovos of Moreland Engineering, Inc., representing Peter Moresian, has applied to change the land use designation for approximately 11.04 acres located at the southwest corner of 40th Street and "Q" Street, from Medium Density Residential to Office. Segment 7: The Ming Center Investment Company has applied to change the land use designation for 0.83 acre located on the north side of Ardmore Avenue, 100 feet west of Akers Road, from Low Density Residential to Office. Segment 8: The City of Bakersfield has initiated a request to change the land use designation for approximately 25 acres generally located between Valencia Drive and Park Drive, to a depth of 600 feet north of East Niles from Low Density Residential to Medium Density Residential. Segment 9: John Manor, representing Michael Moss, has applied to change the land use designation £or approxi- mately 0.5 acre located at 4417 Wilson Road and near the southeast corner of Edmonton Street and Wilson Road, from Low Density Residential to Office. Segment 10: Jack D. Collier (DeLuxe Home Builders, Inc.) has applied to change the land use designation for 0.17 acre located 62.5 feet west of Olive Street, 146 feet south of Chester Lane, from Medium Density Residential to Office. Bakersfield, California, October 29, 1980 - Page 28 This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission approved the Negative Declarations for Segments 1, 2, 7, 8, 9 & 10, and recommended approval of Segments l, 2, 7, 8, 9 and 10, provided certain conditions are met on Segments l, 2, 7, 8 and 10, as delineated in Planning Commission Resolution No. 32-80. The Planning Commission, after a public hearing held September 3, 1980, approved the Negative Declaration, but recommended denial of Segment 6. A letter has been received from Cook Realtors, 2716 "L" Street, granting Jack Collier (Segment 10) permission to enter through the Oak Lane Shopping Center as long as traffic does not interfere with the shopping center activity. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Means, Resolution No. 68-80 of the Council of the City of Bakersfield making findings, adopting Negative Declarations on Segments I, II, VI, VII, VIII, IX and X, approving Segments I, II, VII, VIII, IX and X, and denying approval of Segment VI of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call vote: Ayes: Councilmen ~iller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Bakersfield, California, October 29, 1980 - Page 29 29 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 11:40 P.M. Councilmen Means and Payne voted in the negative on this motion. Calif. ATTEST: iTY'C~i.~EM.~ ~~" oCf theCL~iRtKyaonfd ~aXkeO~f~el~d,C13ralki~ofrntihea ma Council Bakersfield, California, November 3, 1980 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:00 P.M., November 3, 1980. The meeting eas 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 Payne, Ratty, Strong, Barton, Christensen, Means, Miller City Manager Bergen announced that the next South San Joaquin League of California Cities meeting will be held on Friday, November 7, 1980, in Reedley, California, and Don Benninghoven, Executive Director of the League of California Cities, will be the speaker. City Manager Bergen stated, regarding the proposed Charter Amendments, the March 3, 1981 election is a General Municipal Election called for the purpose of electing Councilmen in four Wards and the Charter Amendments would require a City- Wide Special Election in all seven Wards at a greater expense. Councilman Barton requested that staff find out when the next City-Wide Election, conducted by the County, will be held and the cost breakdown of the City bearing the entire expense of such an election versus consolidating with another election. EXECUTIVE SESSION Upon a motion by Councilman Barton, the Council recessed to an Executive Session at 5:05 P.M. to interview candidates for the position of City Manager and discuss the matter. The regular Council Meeting was reconvened at 1:06 A.M. ANNOUNCEMENT Mayor Hart announced that subject to a satisfactory financial arrangement, after considering the qualifications of the three current candidates for the position of City Manager and after finding that all three are highly qualified, the majority of Bakersfield, California, November 3, 1980 - Page 2 the City Council has decided to announce that, at this time, they intend to appoint Philip Kelmar to the position of City Manager when the vacancy exists. vacancy exists. Council, The appointment cannot be made until the ADJOURNMENT There being no further business to come before the upon a motion by Councilman Miller, the meeting was adjourned at 1:08 A.M. M YO~ity o~f Bakersfield, Calif. ATTEST: ITY~ER}~ ~ f~ i~ci~ C ma Bakersfield, California, November 5, 1980 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 5, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: ~{ayor Hart. Councilmen Ratty, Strong, Barton, Means, Miller, Payne Absent: None CORRESPONDENCE Upon a motion by Councilman Means, the City of Adelanto, California, requesting of legalizing Las Vegas-Style Gambling and ordered placed on file. Christensen, communication from a resolution in support in California, was received COUNCIL STATEMENTS Councilman Christensen announced that he appointed Mr. Sanderson, 3009 Hollins Street, to the Charter Review and Rod L. Advisory Commission, replacing Mrs. Judy Garrett. Councilman Christensen also stated that Mr. Avery Allen will remain on that Commission as his other appointment. Councilman Payne expressed his and the community's deep appreciation for the many of years of dedication and service that retiring Mayor Donald M. Hart and City Manager Harold E. Bergen have given to this City. Councilman Payne also pledged his com- plete support and cooperation to their successors Mayor-Elect Mary K. Shell and Acting City Manager Philip Kelmar and urged the community to do the same. Councilman Miller made the following statement Whereas, the Land Use Element of the General Plan was previously changed to allow construction of what has been termed the Eastside Shopping Center; and Whereas, a restriction was placed on the opening date of said shopping center; and Bakersfield, California, November 5, 1980 - Page 2 Whereas, the residents of the City of Bakers- field could better be served by an earlier opening date; and Whereas, it is in the public interest to remove this opening date restriction on the said shopping center, containing approximately 7 acres of land, located on the south side of Highway 178, north of Bernard Street, west of Oswell Street and east of Mr. Vernon Avenue. Councilman Miller, made a motion, pursuant to Government Code Section 65356.1, that a change to the Land Use Element of the General Plan be submitted to the Planning Commission to remove the opening date restriction of the Eastside Shopping Center, and the Planning Commission conduct the necessary public hearings and report back to the Counci~ on the proposed changes no later than 90 days from this date. Councilman Payne stated that due to a real or imaginary conflict of interest he would abstain from voting on this matter. Councilman Ratty stated that Mr. Brock agreed to this restriction and if he was concerned with it he would be here to make that request. This is totally out of perspective and context and until such time as the UDAG application is brought forward and the whole thing reassessed in January, like the Council planned to do, he would recommend a strong "No" vote on the motion. In answer to a question Councilman Miller stated that Mr. Brock is not making this request. Councilman Means stated he felt the motion was totally out of line and would not support it until a final decision is made on the downtown shopping center. Councilman Christensen stated he has received several calls from citizens who are very adamant in wanting a shopping center on the eastside and he will vote in favor of the motion. In answer to a question by Councilman Strong, Councilman Ratty stated he feels the downtown shopping center should have a thorough review in January, 1981, with the developer and everyone involved in it. Bakersfield, California, November 5, 1980 - Page 3 After further discussion, Councilman Miller withdrew his motion. Councilman Christensen requested that the staff invite Eugene Jacobs, Special Counsel to the Redevelopment Agency, to a meeting so he can answer questions and give the assurance that the City is not being suspended in air and the funds are availablE.. Mayor Hart made the following statement: Several meetings ago I voted to break a tie relative to the future of a Redevelopment Agency project, sanctioning this City's request for funds from the Federal Government for parking. I stated at that time that I would take a long, hard look at endorsing this project further if there was a continued escalation in costs and a lack of performance by the developer, knowing full well that at the time we receive these monies we could return them if by vote we doomed the downtown redevelopment because of costs and lack of performance. By my vote I intended to keep us eligible for a potential continuation of the project if we did not receive the federal funds. In view of our rejection at the federal level and realizing that before we could petition again I would be out of office, I respectfully request this Council to set a time for a joint meeting of this body and the Redevelopment Agency with the Agency's Special Counsel Mr. Jacobs and Mr. Donahoe, the Mayor- elect and myself prior to January 1st. If this is not feasible, as soon after January 1st as possible so that you may know where you stand and can properly address your considera- tion of Mr. Brock's program. I have not spoken of this matter prior to this meeting because of the election and the possi- bility that my intention might be misconstrued. In other words, Mr. Needham, what I'm asking for and I'm hoping this body will react to it, is that a time certain be set and get Mr. Jacobs up here and get a response to our inquiry about the escalating cost of this job and just what he is going to do to straighten this out or let Mr. Brock get underway. Director of Fire & Development Services Needham stated all the parties involved in the downtown shopping center should provide the Council with some answers and a joint meeting date would be arranged and the Council could confirm it at the next meeting. BakersfieId, California, November 5, 1980 - Page 4 Mayor Hart stated, for those who were not present at the early morning conclusion of the November 3, 1980, City Council Meeting he would announce that at the Executive Session of the City Council held on November 3, 1980, it was a unanimous consensus that it would be the intent of the City Council to appoint Philip Kelmar to the position of City Manager and that such announcement be made as follows: "Subject to a satisfactory financial arrangement, after considering the qualifications of the three current candidates for the position of City Manager and after finding that all three are highly qualified, the majority of the City Council has decided to announce that, at this time, they intend to appoint Philip Kelmar to the position of City Manager when the vacancy exists. The appointment cannot be made until the vacancy exists." Mr. Bill McCance, Bakersfield Californian, stated he has had several discussions with the City Attorney regarding this "intent" business. Mr. McCance stated the City Council voted in the Executive Session because the statement says the "majority." That vote has not been announced and according to the Brown Act this is suppose to be done. Will you do it or not? I am suggesting to the Council that they are violating the Brown Act by not re- vealing how they voted in that room. City Attorney Oberholzer stated he reviewed the action taken by the Council and there was no violation of the Brown Act. Councilman Means announced that he appointed Mr. Paul Anderson, 1101 Arena Way, to the California Avenue Park Neighbor- hood Facility Citizens Advisory Committee. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2784 to 2936, inclusive, in the amount of $849,340.09. (b) Claim for Damages from H. Alston Thomas, 229 Pacific Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Allstate Insurance, P.O. Box 1710, Bakersfield. (Refer to. City Attorney) Bakersfield, California, November 5, 1980 - Page 5 (d) (e) (f) (g) (h) (i) (J) (k) (i) Road Easement from Tenneco Realty Develop- ment Corporation providing necessary right- of-way for construction of the west half of Gosford Road, north of Ming Avenue. Grant Deed from Elmer F. Karpe, Inc., and Regional Mortgage Company providing a drainage sump as required by the Planning Commission for Parcel Map No. 5885, located north of Panama Lane, east of Freeway 99. Sewer Easement from H-Bar Development Company, Inc., providing an easement for sewer purposes over the west 20 feet of Tentative Tract No. 4185, located north of Panama Lane, east of South "H" Street. Street Right-of-Way Deed from Johnson Brothers Trucking providing an additional 25 feet of right-of-way along the east side of Wible Road as required by the Public Works Department and Building Department for new construction along Wible Road. Notices of Completion and Acceptance of Work for: Construction of Traffic Signal Systems on Stockdale Highway and California Avenue, Contract No. 79-199 with Galland Electric Corporation. The contract was completed October 25, 1980 and the Public Works Department recommends the Contractor be assessed liquidated damages in the amount of $8,100 for 54 days delay beyond the time prescribed in the contract. Street Improvements on Camden Street, Russell Way and Panorama Drive, Contract No. 80-154 with Granite Construction Co. Application for Encroachment Permit from Rosalyn L. Lewis, 3930 Jewett Avenue, for construction of a 6 foot high chain link fence along back of sidewalk area on "0" Street at rear of 3930 and 4000 Jewerr Avenue. Application for Encroachment Permit from Raul V. Zavala, 3420 Ginseng Lane, for construction of a 4 foot high wrought iron fence adjacent to back ot sidewalk at 3420 Ginseng Lane. Plans and Specifications for Asphalt Concrete Pavement on portions of Gosford Road, White Lane and Lily Drive. Plans and Specifications for construction of a Water Main across the Farmer's Canal. Bakersfield, California, November 5, 1980 - Page 6 (m) Contract Change Order No. 5 to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase II, FAU Project No. M-F 252(1). This Change Order is necessary to provide a deceleration lane and left-turn lane at Truxtun Avenue and Mohawk Street. This change will provide channelization at this intersection, widening of shoulders, including asphalt concrete paving and concrete curb and gutter, adjacent to the City Corporation Yard. This Change Order increases the cost of the contract $42,550. The total contract price as a result of this increase is $2,944,131.64. (n) Contract Change Order No. 6 to Contract No. 80-48 with Granite Construction Company for the Truxtun Avenue Extension, Phase II, FAU Project No. M-F 252(1). This Change Order is necessary to lengthen Span i by 2.48 feet and shorten Span 2 by 0.31 feet at the Truxtun Avenue Underpass at the Santa Fe Railroad. The Change Order increases the cost of the contract $3,739.15. The total contract price as a result of this increase is $2,947,870.79. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) 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 Payne, low bids of Kaweah Construction for Schedule I, Irrigation Supply Company for Schedule II and Pacific Erectors for Schedule III for construction of a two million gallon Water Storage System in the Laurelglen Area, were accepted, all other bids rejected and the Mayor was authorized to execute the contracts. Referral of an Ordinance of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code adding certain Streets to the Central Parking Mall. Mayor ttart stated that due to a real or imaginary con- flits of interest he would not participate in this matter and yielded the chair to Vice-Mayor Barton. Bakersfield, California, November 5, 1980 - Page 7 Mr. Jack Waters, 601 Magnolia Avenue, stated he would withdraw his request to speak on this matter tonight if it is referred back to the Business Development and Parking Committee. Mr. Skip Witham requested that this ordinance be dis- cussed tonight so it can be settled, because it has been going on for a long period of time. Upon a motion by Councilman Miller, Ordinance amending Section 11.17.020 of the Municipal Code adding certain Streets to the Central Parking Mall, was referred back to the Business Development and Parking Committee. Councilman Ratty voted in the negative on this motion. Councilman Strong requested that all persons interested in this ordinance be notified when the Committee meeting.~ill be held. Mr. Dick Hummel, Executive Director of the Downtown Business Association, stated the additional parking being requested is their top priority. It is just a few weeks until Christmas and the Council is urged to take as quick action as possible because downtown needs the sales this year. Adoption of Ordinance No. 2581 New Series of the Council o£ 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 Real No. 4 Annexation. This ordinance zones upon annexation that certain property in the County of Kern located on the west side of Real Road, between Stockdale Highway and Elcia Drive, to an R-1 (One Family Dwelling), R-3-D (Limited Multiple Family Dwelling - Architectural Design) and C-1-D (Limited Commercial - Architectural Design) Zones. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2581 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the ~unicipal Code of the City of Bakersfield, regarding Bakersfield, California, November 5, 1980 - Page 8 property known as Real No. 4 Annexation, finding said zonings consistent with the General Paln, were adopted by the following roll call vote: Councilmen Ratty, Strong, Miller, Payne Ayes: Noes: None Absent: None Barton, Christensen, Means, Deferral of action on Application by Zip-In Restaurant & Deli for a 56 foot high freestanding sign at 2610 Pierce Road. All signs over 50 feet in height require approval of the City Council. The proposed sign installation would utilize an existing sign support system. The ordinance permits an area of 240 square feet in a C-2 Zone. The sign requested is approximately 740 square feet. The prior sign at this location was 50 feet high with an area of approximately 500 square feet. There are other signs in the area that exceed 50 feet in height. Action on this item was held over from the Council Meeting of October 29, 1980, in order to provide time for each Councilman to visit the site prior to making a decision. Mr. Alvin Stauffer, Owner of Simple Signman Sign Company, representing May-Mooney, Inc., requested that the Council grant his application for a sign at 2610 Pierce Road. After considerable discussion, Councilman Strong made a motion to approve 2/3 of the top portion of the sign for the Zip- In Restaurant & Deli at 2610 Pierce Road. Mr. Stauffer requested time to ta~k to his client, Mr. Mooney, before the Council makes a decision. Councilman Christensen offered a substitute motion that action on Application by Zip-In Restaurant & Deli for a 56 foot high freestanding sign at 2610 Pierce Road be deferred until the Council Meeting of December 10, 1980. The substitute motion was unanimously approved. 4O Bakersfield, California, November 5, 1980 - Page 9 NEW BUSINESS Deferral of action on documents re- garding proposed Charter Amendment Election. City Attorney Oberholzer advised the Council that the Council Meeting of November 19, 1980, is the last meeting the resolution calling the Special Election for March 3, 1981, can be adopted. Dr. Ray Geigle, member of the Charter Review and Advisory Commission, stated there are many items in the proposals that have been presented to the Council that are controversial and political. However, as a political scientist, it is his belief that unless the issues are presented at a time when public attention is focused on them, exclusively, they are very unlikely to pass. If the Council is in favor of the amendments to the Charter it is requested they be placed on the ballot with the March 3, 1981 Council Election. Councilman Miller asked if Charter Amendments have ever been placed on the ballot with Council Elections and, if so, what the voter turnout was. Acting City Manager Kelmar stated the records would be researched and answer provided at the next Council Meeting. Councilman Payne made a motion that the recommendations made by the Charter Review & Advisory Commission be scheduled for the June, 1982 election rather than the March 3, 1981 election. Councilman Ratty offered a substitute motion that the recommendations made by the Charter Review and Advisory Commission be scheduled for the March 3, 1981 election. After discussion this motion was withdrawn. Councilman Payne stated he would withdraw his original motion and make the motion that action on the recommendations made by the Charter Review and Advisory Commission be deferred until the Council Meeting of November 19, 1980. City Attorney Oberholzer pointed out two changes he made in the recommendations for the Charter Amendments. Bakersfield, California, November 5, 1980 - Page 10 Councilman Payne's motion that action on the recommenda- tions made by the Charter Review and Advisory Commission and City Attorney be deferred until the Council Meeting of November 19, 1980, was approved. Adoption of Resolution No. 69-80 of the Council of the City of Bakers- field approving the Application for Grant Funds under the Solid Waste Management Act of 1980. This program is a continuation of last year's program and will fund the cost of litter control in City parks and public right-of-way. The funds requested under this application amount to $16,491.00. Upon a motion by Councilman Means, Resolution No. 69-80 of the Council of the City of Bakersfield approving the Application for Grant Funds under the Solid Waste Management Act of 1980, was adopted by the following roll call vote: Ayes: Noes: Absent: Council, adjourned at Councilmen Ratty, Strong, Barton, None Councilman Christensen ADJOURNMENT There being no further business to upon a motion by Councilman Miller, 10:15 P.M. Means, Miller, Payne come before the the meeting was ATTEST: H. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California / ASSISTANT CITY CLERK ma Bakersfield, California, November 19, 1980 Present: Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 19, 1980. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Mayor Hart. Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Absent: None Minutes of and November 5, the meeting of October 29, 1980, November 3, 1980, 1980, were approved as presented. STUDENT GOVERNMENT DAY PARTICIPANTS Mayor Hart welcomed and introduced the student counter- parts for Mayor and members of the Council who participated in today's Annual Student Government Day, as follows: Mayor Rene Campos Garces High School Councilperson Loretta Butler East High School Councilman Darrin Craig West High School Councilman Ramon Hendrix South High School Councilman Robert Tucker Bakersfield High School Councilperson Trulain Woken Highland High School SCHEDULED PUBLIC STATEMENTS Mr. Charles W. "Chops" Lawrence, 5140 Crenshaw Boulevard, Los Angeles, Grant District Deputy of the Improved Benevolent Protection Order of Elks of the World-Central California District, presented an Honorary Membership Plaque to Mayor Hart for his out- standing contribution to the community, state and nation. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from the Greater Bakersfield Local Development Corporation, dated November 4, 1980, requesting Community Development Funds for the operation of the Greater Bakersfield Local Development Corporation, was received and referred to the Fire & Development Services Depart-- ment. Upon a motion by Councilman Means, communication from Agricultural & Commercial Acquisitions, 1300 - 17th Street, Suite Bakersfield, California, November 19, 1980 - Page 2 43 A, dated November 13, 1980, regarding use of Tax-Exempt Revenue Bonds to finance two - one hundred bed convalescent hospitals and two - ninety-nine bed, board and care facilities, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Ratty, communication addressed to Councilman Barton from Royal Copy and Printing, 1801 "H" Street, regarding a long term parking lease in a proposed parking structure, was received and referred to the Redevelopment Agency. Upon a motion by Councilman Christensen, communication from Associated Automatic Fire Protection Company, 310 30th Street, dated November 12, 1980, regarding their Sprinkler Systems Inspection Service, was received, ordered placed on file and referred to staff. Upon a motion by Councilman Miller, communication from the Kern County Housing Authority, dated November 13, 1980, re- questing that the Council allow the remaining Community Development Funds granted for educational/campaign costs to be used by the Citizens Committee for Affordable Housing to continue with an Education Program and fund future election costs within Kern County and the City of Bakersfield, was received and referred to the Fire & Development Services Department for study and recommenda- tion. Upon a motion by Councilman Christensen, communication from the Greater Bakersfield Chamber of Commerce, dated November 18, 1980, supporting concerns expressed by the Chamber's Govern- mental Review Committee regarding proposals included in an "Energy Conservation Policy" for the City of Bakersfield, was received and referred to the Energy Committee. COUNCIL STATEMENTS Councilman Payne read a memorandum from Jim Gilchrist, Housing & Community Development Coordinator, to Dennis Needham, Director of Fire & Development Services, dated November 12, 1980, 44 Bakersfield, California, November 19, 1980 - Page 3 regarding California Homeowner Assistance Program--AB 333/SB 229, as follows: Approximately three weeks ago, I gave Council- man Payne a copy of the forms necessary to apply for funding under the AB 333 program for apartment unit converting to condominiums. In addition, I have George Gonzales working on a relative portion of the application which would accompany the forms being completed by Mr. Payne. Submission deadline for this entire package is November 28, 1980. Going through the revised guidelines and appli- cation for the program dated October, 1980, received in this office November 7, I see that there are major commitments which the City would be required to make in order both to submit the application and to receive funding. These include: l) State certification that we are administratively capable of operating the program; 2) Agree to assist in the initial administration of the program locally; and 3) Execute a contract with the State Depart- ment of Housing and Urban Development. Inasmuch as, in my view, official City Council action would be required at the November 19 meeting to enter into this commitment the time to acquaint the Council with all of this material seems tooshort. The State has told me that there will be another funding cycle after the first of the year. It would be my recommendation that we wait to submit this package until the next funding cycle. This would give us time to complete comprehensive package, present it to the Council, allow it to be referred to committee, if necessary, and in that way generate maximum Council support. Councilman Payne stated this program is a good way to help people in this community acquire housing and made a motion that the subject of submitting an application to the State for Homeownership Assistance Program Funds be referred to the Business Development and Parking Committee for study and recommendation. This motion was unanimously approved. Councilman Miller announced that he appointed Reverend William A. Few, 2904 Occidental Street, to the Charter Review and Advisory Commission, replacing Mr. Steve Morrow. Councilman Miller also stated that Mr. Herbert Clancy will remain on that Commission as his other appointment. Bakersfield, California, November 19, 1980 - Page 4 45 Councilman Means read the following statement regarding Housing Mortgage Bond Issue: From the standpoint of housing market needs it is evident by the Mills-Carneghi, Inc., Marketing Study that a $50,000,000 Mortgage Revenue Bond issue is feasible. However, there are other factors that significantly impact the possibility of successfully con- ducting such a bond issue, which under the provisions of the Long Resolution must be completed by December 31, 1980. It was learned through discussion with Bond Underwriters and Attorney on Monday, November 17, 1980, the institutional bond market is fairly dead. There are $750,000,000 in potential bond sales, waiting for the market to improve, which have not sold. Bond issues under the Long Resolution are not selling due to a technical defect in the Long Resolution, whereby, the bonds could become taxable. If bonds are marketable now they would facilitate a mortgage rate of 12.25%, which may not be attractive by the time mortgage loans could be issued, due to the possibility that the market interest rate of conventional mortgage loans could be close to this rate. There is also considerable risk from the standpoint of being able to actually do an issue by December 31, 1980. A safe practical position of the City Council would be to hold up on conducting a bond issue this year, but, as recommended by Bond Counsel, pass a resolution this year expressing the Council's intent to issue bonds when and if the conditions permit in the future. The Budget Review and Finance Committee dis- cussed this a number of times. There was still some information we wanted to get on Monday to see if there was any possible way to continue to proceed to sell bonds. It is the staff's and my opinion, and also other members of the Council, that it would be too risky to try and sell the bonds at this point or this year. We should wait and see how the market is next year and then be able to sell bonds. It is the staff's intention, at the next meeting, to bring back a resolution to the Council that would allow the sale of bonds next year when and if it seems prudent. Councilman Christensen requested that the Council con- sider changing the Order of Business on the Agenda so that Hearings are held at the beginning of meetings so people would not have to sit through the entire meeting. Councilman Chrsitensen stated he intends to make a motion, at the next meeting, to amend the ordinance that regulates the Order of Business at Council Meetings. Bakersfield, California, November 19, 1980 - Page 5 Councilman Ratty read the following prepared statement: The Public Works Department is proposing a traffic signal at Truxtun Avenue and Oak Street and plans to narrow the median islands a~ong Truxtun Avenue between "A" and "H" Streets. One public hearing has been held before the Planning Commission to consider the project and another hearing will be held on December 5, 1980. I have received numerous calls on this project and I am very concerned regarding how the traffic and noise will affect Mercy Hospital, residents and businesses along Truxtun Avenue. Most of the decisions to tie Truxtun Avenue Extension at the intersection of Oak Street and Truxtun Avenue were made long before I became a Councilman. I have been on the Council almost four years and during that time I have never seen a detailed plan on how the traffic will get from the Truxtun Avenue Extension to the downtown area. Before the Public Works Department does any construction along Truxtun Avenue between Oak & "H" Streets, I feel a full blown Environ- mental Impact Report should be prepared showing all the alternatives, effects, costs and mitigation measures. Councilman Ratty made a motion that the staff be directed to prepare an E.I.R. on all the alternatives to the Truxtun Avenue Project, between Oak Street and the downtown area. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None REPORTS Director of Fire & Development Services Needham reported that the Joint Workshop Session between the Council and Redevelop- ment Agency on the Downtown Shopping Center has been set for Monday, December 15, 1980, at 7:00 P.M., in the Council Chambers of City Hall. Director of Fire & Development Services Needham presented a report regarding Energy Task Force Recommendations to Council Energy Committee, dated November 4, 1980. Bakersfield, California, November 19, 1980 - Page 6 Councilman Means made a motion that the report containing recommended goals, objectives and policies generated by the Energy Task Force, be accepted and re£erred to the Energy Committee for study and recommendation. Councilman Miller requested that the meetings of the Energy Committee regarding the recommendations £rom the Energy Task Force be made public so other Councilmen could attend. Councilman Payne stated that after the Energy Committee studies it, and prior to the time the Council approves any recom- mendations, a series of Workshops and public hearings will be held to receive input from the public. Councilmen Means, Ratty & Christensen, members of the Energy Committee, assured the Council and public that there will be ample opportunity for input from the Council and public prior to any recommendations being presented for adoption. After further discussion, Councilman Means' motion that the report containing recommended goals, objectives and policies generated by the Energy Task Force, be accepted and referred to the Energy Committee for study and recommendation, was approved. Councilman Miller voted in the negative on this motion. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims No. 2937 to 3291, inclusive, in the amount of $1,060,655.68. (b) Claim for Damages from Lorinda A. Mallard, 224 Monte Vista Drive, Bakersfield. (Refer to City Attorney) (c) Sewer Line Easement £rom Sami C. Srour, required by the Planning Commission for Parcel Map No. 5850, located at the north- west corner of 38th and San Dimas Streets. (d) Storm Drain Easement £rom Guy H. Wilkins, providing necessary right-of-way to con- struct the Alum Avenue Storm Drain. (e) ~ap of Tract No. 4191 and Improvement Agreement with Tenneco Realty Development Corporation for construction o£ improve- ments therein, located south o£ Nottingham Lane and east of Barrington Street. 48 Bakersfield, California, November 19, 1980 - Page 7 (f) (g) (h) (i) (J) (k) (i) (m) (n) Notice of Completion and Acceptance of Work on Tract No. 4060, located at the northeast corner of Panama Lane and Wible Road, Contract No. 79-123 with W.H.O. Development. Notice of Completion and Acceptance of Work on Parcel Map No. 5111, located at Bernard Street, east of Oswell Street, Contract No. 79-137 with William Young, Trustee of Westland Properties. Application for Encroachment Permit from Tosco Corporation of Bakersfield for installation of a 10" oil pipeline in Coffee Road (Gosford Road) between Truxtun Avenue and Brimhall Road. Portions of the line would be supported under the Kern River and Cross Valley Canal Bridges. Plans and Specifications for reconstruction of the Palm Street Sewer between Myrtle Street and Pine Street. Plans and Specifications for the Alum Avenue Storm Drain. Contract Change Order No. 2 to Contract No. 80-145 with Charles H, Miller for the Service Door at the Civic Auditorium. This Change Order substitutes a Portland Cement concrete ramp for the asphalt ramp originally designed and increases the cost of the contract by $703, resulting in a total contract cost of $31,443.83. Sufficient funds are budgeted in the current fiscal year for this Change Order. Request from Golden Valley, Inc., for Extension of Time to complete improve- ments in Tract No. 3933, Units A & B. Public Works Department recommends a 3 months extension for the completion of the improvements. Completion date for this tract was October 23, 1980 and the revised date is January 23, 1981. Request from Homestead Savings and Loan Association for Extension of Time to complete improvements in Tracts No. 4131 and 4149. Public Works Department recom- mends an 8 months extension for completion of improvements. Completion date for these tracts was May 16, 1980 and the revised date is January 1, 1981. Joint Use Agreement between Pacific Gas and Electric Company and the City of Bakersfield for relocation of a pole line necessary for construction of the south half of Auburn Street, west of Fairfax Road. This agreement transfers P. G. & E.'s rights for their pole line from the old to the new location. Bakersfield, California, November 19, 1980 - Page 8 49 (o) Request from Hugh J. Pearson, Mobiletown Development Corporation, for amendment to the Land Use Element of the General Plan for commercial use of property located approximately at the northeast corner of San Dimas Street and West Columbus Avenue. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Miller, Items (a), (b), (c):. (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Barton, low bids of Three Way Chevrolet for a Pickup Truck and Jim Burke Ford for a Sedan for the Agricultural Water Department, were accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Jack Burtch Company for resurfacing driveways and parking lots in various parks, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Surveyors Service Company for a Theodolite (surveying instrument) for Field Engineering, was accepted and all other bids rejected. DEFERRED BUSINESS Tabling of action on proposed Charter Amendments until after the conclusion of Hearings on tonight's agenda. Councilman Barton made a motion that the Council call a Special Municipal Election for proposed Charter Amendments and consolidate it with the General Municipal Election to be held March 3, 1981. Councilman Strong suggested that the Charter provision regarding the seven member Civil Service Commission state that each Councilman appo in t one member and their terms coincide with that Councilman's term of office. .6O Bakersfield, California, November 19, 1980 - Page 9 Councilman Miller requested that the language in the proposed Charter Amendment, regarding the seven member Civil Service Commission, be changed to state that each Councilman make one appointment for a four year term, rather than a six year term; and the terms be staggered so four are appointed and then three, every other year. Councilman Strong stated it would be more satisfactory, to him, if the four year terms coincided with each Councilman's term of office. Councilman Miller offered a substitute motion that each Councilman have the opportunity to make one appointment to the Civil Service Commission to coincide with his term of office or a four year period of time. Councilman Barton questioned the wording on the term of office. City Attorney Oberholzer stated the Civil Service Com- missioner's terms could be made to coincide with the Councilman who made the appointment. In other words, some Councilmen would appoint a Commissioner for a four year term and some would appoint for a two year term, depending upon the length of time left on the Councilman's term of office. Councilman Barton stated this gets back to the issue of the Commissioner being a political appointee of a Councilman. The intent of the Charter provisions and Charter Review and Advisory Commission was to take politics, as much as possible, out of the Civil Service Commission. Councilman Barton further stated it does not bother him too much as long as the Council gets away from the concurrency part. In other words, a Councilman could appoint a person to the Commission and resign from office and the new Councilman would then make a new appointment. That gets the Council back into the political game. He asked how that could be written to keep the politics out of it. Bakersfield, California, November 19, 1980 - Page 10 ¸51 City Attorney Oberholzer stated that would always exist under the method the Council is now considering. It will always be a political appointment. The term of office that each Com- missioner should have is a four year term to run concurrently with the Councilman who first made the appointment. In other words, if that Councilman leaves office the Commissioner would still fulfil;L his four year term; except the first appointments, which would be for two years for those Councilmen who have only two years left on their term. Councilman Barton withdrew his original motion and made a motion to table any action on the Charter Amendments until aftel' the conclusion of Hearings on tonight's agenda. This motion was unanimously approved. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Sections 1.16.040 through 1.16.120 to Chapter 1.16 of Title 1 of the Bakersfield Municipal Code relative to definitions and rules of construction applicable to the Bakersfield Municipal Code. This proposed ordinance establishes definitions and rules of construction applicable throughout the Code, thereby reducing repetition and facilitating Code use. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Sections 1.16.040 throu~h 1.16.120 to Chapter 1.16 of Title i of the Bakersfield Municipal Code relative to definitions and rules of construction applicable to the Bakersfield Municipal Code. First reading of an Ordinance of the Council of the City of Bakers£ield amending Section 1.40.070 of the Bakersfield Municipal Code relative to absence from meetings by members of the Planning Commission. This proposed ordinance eliminates ambiguity and specifies that the Planning Commission determine whether absence of a member Bakersfield, California, November 19, 1980 - Page 11 is without cause, which, if a member be so absent for three con- secutive regular meetings, results in termination of membership. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 1.40.070 of the Bakersfield Municipal Code relative to absence from meetings by members of the Planning Commission. First reading of an Ordinance of the Council of the City of Bakersfield repealing Section 1.45.020 of the Bakersfield Municipal Code relative to employees of Tenneco West, Inc. This proposed ordinance repeals a Code provision con- cerning City employment of employees of Tenneco West, Inc., water and canal system operations, which provision is no longer needed. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Section 1.45.020 of the Bakersfield Municipal Code relative to employees of Tenneco First reading of an Ordinance of the Council of the City of Bakersfield amending Section 1.46.050 (c) of the Bakersfield Municipal Code relative to Customer's Deposit Receipt (Ashe Water Service Area). This proposed ordinance amends Section 1.46.050 (c) to make it consistent with Section 1.46.070 (d). First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 1.46.050 (c) of the Bakersfield Municipal Code relative to Customer's Deposit Receipt (Ashe Water Service Area). First reading of an Ordinance of the Council of the City of Bakersfield amending Section 1.84.020 of the Bakersfield Municipal Code relative to Redevelopment Agency Membership. This proposed ordinance specifies that successors of initial members of the Redevelopment Agency shall serve four-year terms, as required by Section 33112 of the California Health and Safety Code. West, Inc. Bakersfield, California, November 19, 1980 - Page 12 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 1.84.020 of the Bakersfield Municipal Code relative to Redevelopment Agency Membership. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 1.90.060 of the Bakersfield Municipal Code relative to penalties for violations of Chapter. This proposed ordinance establishes penalty for specified Misdemeanors consistent with State law. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 1.90.060 of the Bakersfield Municipal Code relative to penalties for violations of Chapter. First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 3.08.010 and 3.08.080 of the Bakersfield Municipal Code relative to the Title, Adminis- trative Procedure Ordinance, and to presumptions from filing regulations. This proposed ordinance corrects an erroneous chapter reference in the first section and eliminates a provision in the second section which is inconsistent with California Evidence Code Sections 452 and 453. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 3.08.010 and 3.08.080 of the Bakersfield Municipal Code relative to the Title, Administrative Procedure Ordinance, and to presumptions from filing regulations. First reading of an Ordinance of the Council of the City of Bakersfield repealing Section 3.14.050 (62) of the Bakersfield Municipal Code relative to and defining Overtime Work, and amending Sections 3.14.120 (1) and (4) relative to and defining Acting and Probationary Appointments. This proposed ordinance repeals a definition ("Overtime") in the first section, which is unnecessary as the term is not used Bakersfield, California, November 19, 1980 - Page 13 in substantive provisions of the Chapter, conforms the second section with Section 3.18.110, and deletes specified period from third section to accommodate different probationary periods for different job classes. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Section 3.14.050 (62) of the Bakersfield Municipal Code relative to and defining Over- time Work, and amending Section 3.14.120 (1) and (4) relative to and defining Acting and Probationary Appointments. First reading of an Ordinance of the Council of the City o£ Bakersfield amending Section 3.14.151 of the Bakersfield Municipal Code relative to General Residency Requirements. This proposed ordinance amends the residency requirements of employees to within a 14-mile radius of City Hall, rather than the present 10-mile radius, to allow them to reside in the Rio Bravo section of the City. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 3.14.151 of the Bakersfield Municipal Code relative to General Residency Requirements. First reading of an Ordinance of the Council of the City of Bakersfield repealing Section 3.30.030 of the Bakersfield Municipal Code relative to Special Officers in Police Depart- ment. This proposed ordinance repeals a Code provision concerning no longer extant class of "special officers" in the Police Department; requested by the Police Department. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Section 3.30.030 of the Bakersfield Municipal Code relative to Special Officers in Police Department. Bakersfield, California, November 19, 1980 - Page 14 .65 First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 5.10.010 and 5.11.020 of the Bakersfield Munici- pal Code relative to Gas Tax Street Improvement Fund and to an Insurance Fund. This proposed ordinance adds reference to Chapter 3 of Division 3 of the Streets & Highway Code, which contains applicable reference to Gas Tax Funds, and repeals a section regarding an Insurance Fund, which probably should not have been codified. First reading was considered given an Ordinance of the Council of the City o£ Bakersfield amending Sections 5.10.010 and 5.11.020 of the Bakersfield Municipal Code relative to Gas Tax Street Improvement Fund and to an Insurance Fund. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.32.040 (a) of the Bakersfield Municipal Code relative to Auditorium Manager. This proposed ordinance provides for appointment of the Auditorium Manager by the City Manager, as specified by Section 38 of the Charter. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.32.040 (a) of the Bakersfield Municipal Code relative to Auditorium Manager. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.36.010 and re- pealing Sections 5.36.020 and 5.36.030 of the Bakersfield Municipal Code relative to Fee Schedule for copies of Police Reports. This proposed ordinance provides that the City Manager establish fees for copies of Police Reports, etc., to recover costs, would repeal Section 5.36.030 to other agencies. Council Section 5.36.020 as unnecessary, and repeal enable City to charge £or reports provided First reading was considered given an Ordinance of the of the City of Bakersfield amending Section 5.36.010 and Bakersfield, California, November 19, 1980 - Page 15 repealing Sections 5.36.020 and 5.36.030 of cipal the Bakersfield Muni- Code relative to Fee Schedule for copies of Police Reports. First reading of an Ordinance of the Council of the City of Bakersfield repealing Section 5.40.160 (b) and amending Section 5.40.210 (a) of the Bakersfield Municipal Code relative to Amplified Speech or Music in Parks. This proposed ordinance conforms sections to constitu- tional requirements. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Section 5.40.160 (b) and amending Section 5.40.210 (a) of the Bakersfield Municipal Code relative to Amplified Speech or Music in Parks. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 5.40.240 of the Bakersfield Municipal Code relative to sales and solicitations in City Parks. This proposed ordinance conforms Section 5.40.240 (a) to amended Chapter 7.10. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 5.40.240 of the Bakersfield Municipal Code relative to sales and solicitation~ in City Parks. First reading of an Ordinance of the Council of the City of Bakersfield repealing Sections 6.08.040 (b) (4), 6.08.050 (b) (3), and 6.08.061 of the Bakersfield Municipal Code relative to Sales and Use Taxes and 6.40.050 relative to Real Property Transfer Taxes. This proposed ordinance conforms the Municipal Code to Sections 7202 and 11922 of the California Revenue & Taxation Code by repealing inconsistent sections. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Sections 6.08.040 (b) (4), 6.08.050 (b) (3), and 6.08.061 of the Bakersfield Municipal Code relative to Sales and Use Taxes and 6.40.050 relative to Real Property Transfer Taxes. Bakersfield, California, November 19, 1980 - Page 16 First reading of an Ordinance of the Council of the City of Bakersfield amending Title 7 of the Bakersfield Municipal Code relative to Business Regulations and Permits by repealing Sections 7.02.020 and 7.02.030 (Posting Handbills), 7.08.020 (d) (3) (Sound Equipment), 7.18.200 (Junk Dealers), 7.28.040 (a) and (b) and 7.28.050 (a) (Adult Bookstores), 7.40.170 (Admission Fees at Public Dances), and Chapter 7.60 (Trampoline Centers), and by amending Sections 7.16.020 (Messenger Service), 7.48.010 and 7.48.020 (4) (Hotels and Lodging Houses), 7.52.010 (b) and 7.52.130 (d) (Taxicabs), 7.56.010 (Transient Photo- graphers' Bonds), 7.64.030 (c) (1) (Police and Fire Alarm Systems, and 7.90.010 (Outdoor Festivals). This proposed ordinance makes specified amendments to sections providing for business regulations and permits to conform to legal requirements. Specifically, this ordinance: Repeals Section 7.02.020 concerning posting of handbills, as subject matter is pre- empted by California Pena~ Code Section 556. Repeals Section 7.02.030, on same subject, pre-empted by California Penal Code Section 556.1. Repeals Section 7.08.020 (d) (3) concerning minimum speed of sound trucks, unconstitu- tional per Wollam v. Palm Springs, 59 Cal. 2d 276. Repeals Section 7.18.200, as matter is covered by Zoning Ordinance. Repeals Section 7.28.040 (a) and (b), as a similar provision was declared unconstitu- tional in Perrine v. Municipal Court, 5 Ca~. 3d 656, and Section 7.28.050 (a) as a similar provision was declared unconstitu- tional in People v. Blaze, 27 Cal.3d 841. 6. Repeals Section 7.40.170, illegally dis- criminates on the basis of sex. 7. Repeals Chapter 7.60. 8. Amends Section 7.16.020 establishing standards for issuance of permits for messenger services. Amends Sections 7.48.010 and 7.48.020 (4) to add "motel" to list of establishments regulated and to correct a typographical error. .68 Bakersfield, California, November 19, 1980 - Page 17 10. Amends Sections 7.52.010 (b) and 7.52.130 (d) exempting vehicles operated under P.U.C. or I.C.C. jurisdiction except as local regulation is permitted by law; and providing for annual, rather than semi-annual, inspection and testing to taximeters, consistent with State law and as recommended by the Police Department. 11. Amends Section 7.56.010 providing that transient photographers be subject to City regulations only if they have financial transactions with City residents, thereby providing legal basis for City regulation. 12. Amends Section 7.64.030 (c) (1) to delete second clause of second sentence, as required by Agnew v. Culver City, 147 Cal.App.2d 144. 13. Amends Section 7.90.010 to add the word "outdoor" to conform body of section to title. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 7 of the Bakers- field Municipal Code relative to Business Regulations and Permits by repealing Sections 7.02.020 and 7.02.030 (Posting Handbills), 7.08.020 (d) (3) (Sound Equipment), 7.18.200 (Junk Dealers), 7.28.040 (a) and (b) and 7.28.050 (a) (Adult Bookstores), 7.40.170 (Admission Fees at Public Dances), and Chapter 7.60 (Trampoline Centers), and by amending Sections 7.16.020 (Messenger Service), 7.48.010 and 7.48.020 (4) (Hotels and Lodging Houses), 7.52.010 (b) and 7.52.130 (d) (Taxicabs), 7.56.010 (Transient Photographers' Bonds), 7.64.030 (c) (1) (Police and Fire Alarm Systems), and 7.90.010 (Outdoor Festivals). First reading of an Ordinance of the Council of the City of Bakersfield repealing Chapter 8.16 of the Bakers- field Municipal Code relative to Endurance Contests. This proposed ordinance repeals provisions relating to Endurance Contests as the subject is pre-empted by State law (Penal Code Section 11450). First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Chapter 8.16 of the Bakersfield Municipal Code relative to Endurance Contests. Bakersfield, California, November 19, 1980 - Page 59 First reading of an Ordinance of the Council of the City of Bakersfield repealing Chapter 8.28 of the Muni- cipal Code of the City of Bakersfield relative to Food or Drink Permits. This proposed Ordinance repeals provisions relating to Food and Drink Permits as the subject is pre-empted by State law (Health and Safety Code Section 28800). First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Chapter 8.28 of the Municipal Code of the City of Bakersfield relative to Food or Drink Permits. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 8.48.130 (d) and 8.48.160 (a) and adding Sections 8.48.130 (e) and 8.48.130 (f) to the Bakersfield Municipal Code relative to Refuse Collection Points. This proposed Ordinance amends 8.48.130 (d) to limit its application to collection of residential refuse, adds Section 8.48.130 (e) to provide authority for Director of Public Works to require concrete slab for detachable bin refuse containers, adds Section 8.48.130 (f) to provide authority for Director of Public Works to require enclosed structure around detachable bin refuse containers and amends Section 8.48.160 (a) eliminating provision providing for entry on private property for inspection without consent or warrant and making refusal of entry a crime. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 8.48.130 (d) and 8.48.160 (a) and adding Sections 8.48.130 (e) and 8.48.130 (f) to the Bakersfield Municipal Code relative to Refuse Collection Points. First reading of an Ordinance of the Council of the City of Bakersfield repealing Chapter 8.68 of the Bakersfield Municipal Code relative to Grease Traps. Bakersfield, California, November 19, 1980 - Page 19 This proposed Ordinance repeals provisions relating to grease traps as they are superseded by the Uniform Building C~de, Uniform Plumbing Code and Section 8.64.210 of the Municipal Code. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Chapter 8.68 of the Bakersfield Municipal Code relative to Grease Traps. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 8.84 of the Bakers- field Municipal Code declaring trees or shrubs growing in the City of Bakersfield which are infested or infected with destructive parasites or insect pests to be a Public Nuisance, and providing for the abatement of such nuisances by spraying, trimming or otherwise treating such trees or shrubs. This proposed Ordinance amends and updates provisions concerning insect pests in trees and shrubs, conforming the procedures to the more recently revised procedures of Chapter 8.80 of the Municipal Code. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 8.84 of the Bakersfield Municipal Code declaring trees or shrubs growing in the City of Bakersfield which are infested or infected with destructive parasites or insect pests to be a Public Nuisance, and providing for the abatement of such nuisances by spraying, trimming or otherwise treating such trees or shrubs. First reading of an Ordinance of the Council of the City of Bakersfield repealing Sections 8.90.010, 8.90.020 and 8.90.050 of the Bakersfield Municipal Code relative to Smoke Abatement. This proposed Ordinance repeals provisions relating to smoke abatement as the subject is pre-empted by State law (Health and Safety Code Section 39000) and Section 8.90.050 ignores legal requirement for inspection warrant. Bakersfield, California, November 19, 1980 - Page 20 61 First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Sections 8.90.010, 8.90.020 and 8.90.050 of the Bakersfield Municipal Code relative to Smoke Abatement. First reading of an Ordinance o£ the Council of the City of Bakersfield repealing Section 9.04.070 of the Bakersfield Municipal Code relative to Pigeons and Doves (Inspections). This proposed Ordinance repeals a provision which provides for entry on private property to inspect places where Pigeons and Doves are kept without consent and without an Inspection Warrant. First reading was considered given an Ordinance of the Council o£ the City of Bakersfield repealing Section 9.04.070 of the Bakersfield Municipal Code relative to Pigeons and Doves (Inspections). First reading of an Ordinance of the Council of the City of Bakersfield Municipal Code relative to Crime by repealing Chapter 10.02 (Citations for Violations) and Sections 10.07.020, 10.07.030, 10.07.040, 10.07.080 and 10.07.110 (General Misdemeanors), Sections 10.08.020 (a), 10.08.020 (b), 10.08.020 (c), 10.08.020 (d), 10.08.020 (e), 10.08.020 (f), 10.08.020 (g), 10.08.020 (i), 10.08.020 (j), and 10.08.020 (k) (Disorderly Conduct), Section 10.17.010 and 10.17.020 (Dangerous Weapons in Public Buildings), Chapter 10.28 (Injuring Public Property), Chapter 10.38 (Public Speaking), and by amending Section 10.17.030 (Dangerous Weapons in Public Buildings). Chapter 10.02 is covered by Penal Code Sections 853.5 through 853.9 and Vehicle Code Section 40500; Section 10.07.020 is unconstitutional; Section 10.07.030 is covered by contract between the City and County; Section 10.07.040 is covered by the California Penal Code; Section 10.07.080 is covered by Penal Code Section 374 (b) (5); Section 10.07.110 is covered by Penal Code Section 372a; Sections 10.08.020 (a), (b), (c), (d) and (f) are covered by Penal Code Section 415; Sections 10.08.020 (e) and (g) are covered by Penal Code Section 148; Sections 10.08.020 (i) and 62 Bakersfield, California, November 19, 1980 - Page 21 (j) are covered by Penal Code Section 602 et seq.; Section 10.08.020 (k) is covered by the Vehicle Code; Section 10.17.010 (a) "Dangerous Weapons" is defined in Penal Code Section 12020; Section 10.17.021) (Conspiracy) is covered by the Penal Code; Chapter 10.28 is covered by the Penal Code, e.g. Section 594; Chapter 10.38 is unconstitutional per Amalgamated Food Employees v. Logan Valley Plaza, 391 U.S. 308; and Section 10.17.030 is amended to specify that, except as permitted by State law, no person shall carry a dangerous weapon in any pub~ic building. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 10 of the Bakers- field Municipal Code relative to Crime by repealing Chapter 10.02 (Citations for Violations) and Sections 10.07.020, 10.07.030, 10.07.040, 10.07.080 and 10.07.110 (General Misdemeanors), Sections 10.08.020 (a), 10.08.020 (b), 10.08.020 (c), 10.08.020 (d), 10.08.020 (e), 10.08.020 (£), 10.08.020 (g), (10.08.020 (i), 10.08.020 (j), and 10.08.020 (k) (Disorderly Conduct), Section 10.17.010 and 10.17.020 (Dangerous Weapons in Public Buildings), Chapter 10.28 (Injuring Public Property), Chapter 10.38 (Public Speaking), and by amending Section 10.17.030 (Dangerous Weapons in Public Buildings). First reading of an Ordinance of the Council of the City of Bakersfield repealing specified Sections of Title 11 of the Bakersfield Municipal Code relative to the City Traffic Code, amending specified Sections of said Traffic Code, and amending Section 11.12.050 (d) relative to Parking Time Limits and Sections 11.16.030 and 11.16.090 relative to Parade Permits. This proposed Ordinance makes the following changes in the City Traffic Code: Section 1 - Repeals provisions duplicated by the Vehicle Code, as recommended by the Police Department. Section 2 - Amends Section 11.04.020 (b) to except 23rd and 24th Streets; amends Section 11.04.020 (c) to define "legal holidays" as Bakersfield, California, November 19, 1980 - Page 22 all legal holidays in California; amends Section 11.04.020 (h) to except depositing of mail in adjacent mail boxes. Section 3 - Amends Section 11.04.040 to add Community Service Technicians. Section 4 - Amends Section 11.04.070 to add reference to Vehicle Code Section 165 in Sub- section (a) and to add vehicles operated by limited State and City Parking Control Vehicles in Subsection (b). Section 5 - Amends Section 11.04.280 to delete "as defined herein." Section 6 - Amends Section 11.04.350 by adding "This section shall not apply within any parking mall." Section 7 - Amends Section 11.04.370 to meet Police Department recommendations. Section 8 - Amends Section 11.04.700 substituting Department of Transportation for Department of Public Works. Section 9 - Amends Section 11.12.050 (d) to satisfy legal requirements. Section 10 - Amends Section 11.16.030 to meet constitutional requirements. Section 11 - Amends Section 11.16.090 to conform to Section 11.16.030, as amended. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing specified Sections of Title 11 of the Bakersfield Municipal Code relative to the City Traffic Code, amending specified Sections of said Traffic Code, and amending Section 11.12.050 (d) relative to Parking Time Limits and Sections 11.16.030 and 11.16.090 relative to Parade Permits. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 12.27.040 of the Bakersfield Municipal Code relative to Council findings Re Underground Utility District and repealing Section 12.36.050 of the Bakersfield Municipal Code relative to Permits required for planting, removing, trimming, etc., trees and shrubs. This proposed Ordinance amends Section 12.27.040 to meet requirements of Streets and Highways Code Section 5896.5, and repeals Section 12.36.050, as requested by Public Works, to conform to City practices. Bakersfield, California, November 19, 1980 - Page 23 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 12.27.040 of the Bakersfield Municipal Code relative to Council findings Re Under- ground Utility District and repealing Section 12.36.050 of the Bakersfield Municipal Code relative to Permits required for planting, removing, trimming, etc., trees and shrubs. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 13 of the Bakersfield Municipal Code relative to Buildings and Construction by repealing Section 13.52.050 (Enclosure of Pools), and by amending Sections 13.16.020 (Uni- form Building Code), 13.28.020 (a) (Standards for Moved Buildings), 13.30.020 (Uniform Mechanical Code), 13.40.020 (Uniform Sign Code), 13.64.020 (Uniform Housing Code) and 13.66.020 (Uniform Code for Abatement of Dangerous Buildings). This proposed Ordinance repeals Section 13.52.050 (Speci- fied Time Limits Expired), and repeals Section 13.16.020, 13.30.020, 13.40.020, 13.64.020 and 13.66.020 (eliminating from Uniform Codes provisions making it illegal to refuse entry for inspections, (Inspection Warrant required) and Section 13.28.020 (a) (to reference requirement of Health and Safety Code Section 17958.9). First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 13 of the Bakers- field Municipal Code relative to Buildings and Construction by repealing Section 13.52.050 (Enclosure of Pools), and by amending Sections 13.16.020 (Uniform Building Code), 13.28.020 (a) (Standards for Moved Buildings), 13.30.020 (Uniform Mechanical Code), 13.40.020 (Uniform Sign Code), 13.64.020 (Uniform Housing Code) and 13.66.020 Uniform Code for Abatement of Dangerous Buildings). First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 14.01 of the Bakers- field Municipal Code relative to the Uniform Fire Code. Bakersfield, California, November 19, 1980 - Page 24 This proposed Ordinance adds a provision deleting from City's adoption of the Uniform Fire Code a provision providing for inspection without consent and without an Inspection Warrant. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 14.01 of the Bakersfield Municipal Code relative to the Uniform Fire Code. First reading of an Ordinance of the Council of the City of Bakersfield amending Title 16 of the Bakersfield Municipal code (Subdivision Regulations) by amending Section 16.12.010 ~d) Tentative and Final Maps required) and Section 16.52.112 (e) (Format Content of Final Map). This proposed Ordinance conforms Section 16.12.010 (d) to provisions of Government Code Section 66426 and Section 16.52.112 to Provisions of Government Code Section 66434 (f). First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 16 of the Bakers-- field Municipal Code (Subdivision Regulations) by amending Section 16.12.010 (d) (Tentative and Final Maps required) and Section 16.52.112 (e) (Format Content of Final Map). First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.69.070 of the Bakersfield Municipal Code relative to Structural Standards for Fall-Out Shelters. This Ordinance amends Section 17.69.070 to correct reference to Chapter specifying structural standards. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.69.070 of the Bakersfield Municipal Code relative to Structural Standards for Fall-Out Shelters. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of State Highway 178, east of Fairfax Road; and making findings in connection with a P.U.D. Zone. 66 Bakers£ield, California, November 19, 1980 - Page 25 The application for this amendment was made by Michael Callagy 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. The Planning Commission reviewed the P.U.D. zoning on October 1, 1980 and recommended approval. 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 south side of State Highway 178, east of Fairfax Road; and making findings in connection with a P.U.D. Zone. Adoption of Resolution No. 70-80 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 281, LAFCO Proceeding No. 735 (Real No. 4). The Real 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 com- pleted upon the City's acceptance of the exchange as provided in this resolution. Upon a motion by Councilman Means, Resolution No. 70-80 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. 281, LAFCO Proceeding No. 735 (Real No. 4), was adopted by the following rol~ call vote: Ayes: Councilmen Strong, Barton, Payne, Ratty Noes: None Absent: None Christensen, Means, Miller, Bakersfield, California, November 19, 1980 - Page 26 Approval of Agreement with the California Water Service Company for upgrading the Fire System along Owens Street. As part of the Neighborhood Revitalization activities in the southeast portion of the City, upgrading of the fire protection system is an integral segment. This agreement will enable Cal Water to extend the water system in Owens Street between Murdock and Gorrill Streets. Because the upgrading is to be made to California Water Company's system, it is requested that the normal bidding procedure be dispensed with, in accordance with Section 5.20.060 of the Municipal Code. The Engineer's estimate is $11,625, which is within the amount allocated as part of the Community Development Block Grant Program for this project. Upon a motion by Councilman Strong, normal bidding pro- cedures were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Agreement with California Water Service Company for upgrading the Fire System along Owens Street was approved and the Mayor authorized to execute same. Approval of Plans and Specifications for construction of Chester Avenue Underpass and Finance Department authorized to advertise for bids. This project provides for the construction of Chester Avenue under the Southern Pacific Railroad. The City's share of the project cost is budgeted in the current fiscal year. The Engineer's estimate is $4,600,000, being apportioned to the various agencies as follows: City of Bakersfield County of Kern Grade Separation District S. P. Railroad State Grade Separation Funds TOTAL The Public Works Department $ 180,000 180,000 100,000 460,000 3,680~000 $4,600,000 reviewed the plans and specifications and recommends approval. Bakersfield, California, November 19, 1980 - Page 27 Upon a motion by Councilman Ratty, plans and specifica- tions for construction of the Chester Avenue Underpass were approved and the Finance Department was authorized to advertise for bids. HEARINGS This is the time set for public hearing before the Council on an Appeal by Jennie Calhoun to the decision of the Planning Commission denying her application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to a C-O-D (Commercial and Professional Office - Architectural Design) Zone, affecting that certain property in the City of Bakersfield located at 4009 Sill Place. This hearing has been duly advertised and the property owners notified as required by law. Letters opposing the C-O-D zoning have been received from J. Richard Krizo, 4101 Sill Place, and Gil S. Park, M.D., 4201 Sill Place. Mayor Hart declared the hearing open for public partici- pation. Judge John Jelletich, 4000 Riviera Drive, representing the neighborhood, spoke in opposition to the C-O-D zoning because it does not conform with the General Plan and is not in harmony with the surrounding area. Judge Jelletich presented a diagram and photos of the area, copy of the Calhoun Building Permit and a copy of the covenants, conditions and restrictions for this area, which does not allow commercial activity. Mr. Art Kay, 2323 Hills Drive, representing the people living in the East Hills condominiums, spoke in opposition to the C-O-D zoning in this area and requested that the application be denied. Mr. opposition to from Mr. Bill Wonderly, 2301 East Hills Drive, spoke the C-O-D zoning request and also presented and Mrs. Alan R. Miller, 4205 Sill Place, letters Mr. and Mrs. Bakersfield, California, November 19, 1980 - Page 28 Mark Kandarian, 3800 Flintridge Drive, David W. and Suzanne Chalet Lewis, 4108 Sill Place, expressing opposition to the zone change. Mr. Steve Roberts, owner of the lot next to the Calhoun home, spoke in opposition to the requested commercial zoning. Mr. Roger Ang, 4200 Sill Place, spoke in opposition to the requested commercial zoning. Mr. Frank Denham, 4100 Sill Place, spoke in opposition to the requested commercial zoning because of added traffic and endangering the children in the area and property values. Mr. Robert Anspach, Attorney representing Mr. and Mrs. Calhoun, presented aerial photographs of the area and spoke in favor of the C-O-D zoning. Mr. J. C. Calhoun, applicant for the C-O-D zoning, answered questions of the Council. 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, Zoning Resolution No. 279 denying Application of Jennie Calhoun to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 4009 Sill Place, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None This is the time set for public hearing before the Council for the purpose of hearing any comment for or against a City proposal to grant a Negative Declaration for construction of a series of up to six turnout structures to be used to more efficiently utilize water spreading areas on the City's 2,800- acre Kern River water spreading lands located on the westerly portion of the City, along the Kern River flood plains. Bakers£ield, California, November 19, 1980 - Page 29 pation. portion of the action. Upon This hearing has been duly advertised. Mayor Hart declared the hearing open for public partici-- No protests or objections being received, the public hearing was closed for Council deliberation and a motion by Councilman Barton, Resolution No. 71-$0 of the Council of the City of Bakersfield approving a Negative Declaration for the construction of a series of up to six turnout structures to be used to more efficiently utilize water spreading areas on the City's 2,800-acre Kern River water spreading lands, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Christensen, Payne, Ratty Means, Miller, None None This is the time set for public hearing before the Council for hearing protests to the sale of a sump site to the Greater Bakersfield Separation of Grade District at the appraised value as set forth in Resolution No. 66-80. This hearing has been duly advertised. The City entered into an agreement with the Separation of Grade District for construction of an undercrossing at the Southern Pacific Railroad/Chester Avenue intersection. Part of the District project will occupy a portion of the subject sump site and a proposed storm drain by the District will also eliminate the need for the sump site at the 32nd Street/"K" Street intersection. Mayor Hart declared the hearing upen for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 72-80 of the Council of the City of Bakersfield making specified findings and taking specified action concerning sale of sump site Bakersfield, California, November 19, 1980 - Page 30 to the Greater Bakersfield Separation of Grade District was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None DEFERRED BUSINESS (Continued) Councilman Strong stated what he suggested was not meant to be complicated. He merely felt each Councilman should have the right to appoint one Commissioner, if the electorate sees fit to change that Charter provision. Each Commissioner's term should be for four years, regardless of the Councilman's term. It was not meant to run concurrent with the Councilman's term and no provision should be spelled out that the Commissioner so appointed would have to live in a specific ward. He/she needs only to be a resident of the City. City Attorney Oberholzer read the possible wording for the Charter Amendment, as drafted by Assistant City Manager Russell, as follows: The members of such Commission shall be appointed by the City Council to terms of four years. Each of the seven Council members shall appoint one person to serve on said Commission. In the case of the first Commission to take office, after adoption and ratification of the amendment, three will hold office for two years, four will hold office for four years and such terms to coincide with the remaining term at the time of adoption of this amendment of the Council member making the appointment. At the expiration of the terms, so provided, successors shall be filled by the Council member representing the ward of the original appointment. Vacancies on the Commission, for whatever cause, shall be filled for the remaining term in the same manner. Adoption of Resolution No. 73-80 calling the General Municipal Election for the Office of Councilman in the 1st, 3rd, 4th and 7th Wards, to be held in the City of Bakersfield on Tuesday, the 3rd day of March, 1981, and directing the City Clerk to publish the Notice of Election. Bakersfield, California, November 19, 1980 - Page 31 Upon a motion by Councilman Barton, Resolution No~ 73-80 calling the General Municipal Election for the Office of Councilman in the 1st, 3rd, 4th and 7th Wards, to be held in the City of Bakers- field on Tuesday, the 3rd day of March, 1981, City Clerk to publish the Notice of Election, following roll call vote: Councilmen Strong, Barton, Payne, Ratty Ayes: Noes: None Absent: None and directing the was adopted by the Upon of the Council Christensen, Means, Miller, Adoption of Resolution No. 74-80 of the Council of the City of Bakers- field calling a Special Municipal Election for the purpose of submitting to the Electors of the City Amendments to the Charter of the City of Bakers- field, and providing for the consoli- dation of said Election with the General Municipal Election to be held on March 3, 1981, with the amendment as stated by the City Attorney. a motion by Councilman Barton, Resolution No. 74-80 of the City of Bakersfield calling a Special Municipal Election to be held on March 3, 1981, with the Amendment as stated by the City Attorney, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None for the consolidation of said Election with the General Municipal Amendments to the Charter of the City of Bakersfield, and providing Election for the purpose of submitting to the Electors of the City Bakersfield, California, November 19, 1980 - Page 32 ADJOURNMENT There being no further business to Council, upon a motion by Councilman Miller, adjourned at 10:15 P.M. come before the the meeting was Calif'. ATTEST: H. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ASSISTANT CITY CLERK ma/mp Bakersfield, California, November 25, 1980 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 P.M., November 25, 1980. The meeting wa~ called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance. Present: Absent: The City Clerk called the roll Councilmen Barton, Christensen, Ratty, Strong Mayor Hart NEW BUSINESS as follows: Means, Miller, Payne, Councilmen Barton, Christensen, Means, Miller, Payne, Ratty, Strong Noes: None Absent: None Councilman Ratty made a motion to return the proposed Charter amendments to the Charter Review & Advisory Commission for their review and recommendations prior to submission to the electorate. City Attorney Oberholzer pointed out that if the Council chose to delay in putting the proposed Charter amendments on the man Ratty, Resolution No. 74-80 of the Council of the City of After considerable discussion, upon a motion by Council-. vote: Ayes: Bakersfield calling a Special Municipal Election for the purpose of submitting to the Electors of the City Amendments to the Charter of the City of Bakersfield, and providing for the consoli- dation of said Election with the General Municipal Election to be held on March 3, 1981, was rescinded by the following roll call Rescinding of Resolution No. 74-80 of the Council of the City of Bakers- field calling a Special Municipal Election for the purpose of submitting to the Electors of the City Amendments to the Charter of the City of Bakers- field, and providing for the consoli- dation of said Election with the · General Municipal Election to be held on March 3, 198t. Bakersfield, California, November 25, 1980 - Page 2 ballot for the March 3, date would be June 1982, Councilmall Strong suggested that the complete text of proposed Charter amendments be made available to the voters. Councilman Means offered a substitute motion that the recommendations made by the Charter Review Commission be submitted to the voters. city Attorney Oberholzer stated that the Charter Review Commission did not review the entire Civil Service section of the Charter, which made it necessary to add some amendments to those the Commission proposed, based on input from the Commission. Councilman Miller made a substitute motion that Resolution No. 74-80 be reinstated in its entirety, with the proviso that each Councilman would have the opportunity to nominate one individual to the Civil Service Commission, and the Council as a whole would have the position of approval or denial of that nomination. This substitute motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilman Miller Councilmen Barton, Strong 1980 election, the next possible election unless the Council called a special election. the Payne, Ratty, amendments to the Charter Review & Advisory Commission for their review and recommendations prior to submission to the electorate failed to carry by the following roll call vote: Ayes: Councilman Miller, Payne, Ratty Noes: Councilmen Barton, Christensen, Means, Strong Absent: None failed Ayes: Noes: Absent: Councilman Miller made a motion to adjourn. to carry by the following roll call vote: Councilman Miller Councilmen Barton, Christensen, Means, Payne, Strong None This motion Ratty, None Councilman Means withdrew his substitute motion. Councilman Ratty's motion to return the proposed Charter Christensen, Means, Bakersfield, California, November 25, 1980 - Page 3 Adoption of Resolution No. 75-80 of the Council of the City of Bakersfield calling a Special Municipal Election for the purpose of submitting to the Electors of the City Amendments to the Charter of the City of Bakersfield, and providing for the consolidation of said Election with the General Municipal Election to be held on March 3, 1981. Councilman Means stated it was his intention to make a motion for adoption of a resolution calling a Special Municipal Election and submitting to the Electors of the City Amendments which would include the recommendations made by the Charter Review and Advisory Commission. City Attorney Oberholzer read the recommendations of the Charter Review Commission. Upon a motion by Councilman Means, Resolution No. 75-80 of the Council of the City of Bakersfield calling a Special Munic- ipal Election for the purpose of submitting to the Electors of the City Amendments to the Charter of the City of Bakersfield, and providing for the consolidation of said Election with the General Municipal Election to be held on March 3, 1981, to include the recommendations made by the Charter Review and Advisory Commission, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Strong Noes: Councilmen Miller, Payne, Ratty Absent: None Councilman Miller requested a definite date for submit- ting arguments for and against the Charter amendments. The meeting was recessed at 7:20 P.M. in order to obtain this information and reconvened at 7:25 P.M. City Attorney Oberholzer stated the information he has is that the first day to file arguments for or against the Charter amendments is November 28, and the last day to file arguments is December 8, 1980. The City Attorney has an opportunity prior to December 18, 1980 to prepare an ~mpartial analysis, not to exceed Bakersfield, California, November 25, 1980 - Page 4 500 words, to be submitted with the arguments for printing and which is determined by the Elections submission to the voters, Code. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 7:30 P.M. E~of t~of Bakersfield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CITY CLERK mp Bakersfield, California, December 10, 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., December 10, 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 Christensen, Means, Miller, Payne, Ratty, Strong, Barton Minutes of the regular meeting of November 19, 1980 and special meeting of November 25, 1980, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Vincent Casper, Chairman of the Revelopment Agency, stated the Redevelopment Agency and Mayor has had recent inquirie~ from prospective developers regarding the development of a con- vention type hotel in the downtown area on City property adjoining the Civic Auditorium. The Redevelopment Agency and staff requests a consensus, from the Council, as to their feelings on the develop- ment of a hotel in the downtown area and the authority for the Agency to actively pursue locating a reliable developer to build a hotel on City property. Councilman Barton made a motion that the Redevelopment Agency actively pursue locating a reliable developer to develop a convention type hotel in the area of the Civic Auditorium, and the Chairman of the Auditorium-Recreation Committee, Councilman Christensen, be authorized to act as a liaison between the Council and Redevelopment Agency to keep the Council informed of the Agency's progress. Councilman Payne, after obtaining an opinion from the City Attorney, stated that due to pending litigation he would not participate in this matter. Councilman Miller requested that Councilman Barton amend his motion so the Redevelopment Agency is not limited to seeking Bakersfield, California, December 10, 1980 - Page 2 only the development of the property adjacent to the Civic Auditorium. After discussion, Councilman Barton's motion that the Redevelopment Agency be authorized to actively pursue locating a reliable developer to develop a convention type hotel in the downtown area, and the Chairman of the Auditorium-Recreation Committee, Councilman Christensen, be authorized to act as a liaison between the Council and Redevelopment Agnecy to keep the Council informed of the Agency's progress, was approved. CORRESPONDENCE Upon a motion by Councilman Miller, communication from the Kern County Builders' Exchange, Inc., dated November 19, 1980, regarding the Energy Task Force's recommendations, was received, ordered placed on file and referred to the Energy Committee. Upon a motion by Councilman Means, communication from Carpenter, Kuh~ Williams, Parsons & Sprayberry, Accountancy Corporation, dated October 25, 1980, regarding financial audit of the City of Bakersfield for year ending June 30, 1980, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Ratty, communication from Dave Eastwood, 1901 - 2nd Street, dated December 6, 1980, requesting that the same programs be offered on Bakersfield Cable TV's Home Box Office as offered on Warner Cable TV's Movie Channel, was received and referred to the Business Development and Parking Committee. Upon a motion by Councilman Means communications from George Ming, 2119 Ming Avenue, Carol Elmore 2824 - 16th Street, and Arvella Pence, 120 Houchin Road, expressing support of the Downtown Shopping Mall, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Lois Anderline, 6708 Norris Road, expressing support of the Down- town Shopping Mall, was received and ordered placed on file. Bakersfield, California, December 10, 1980 - Page 3 COUNCIL STATEMENTS Councilman Christensen made a motion that the City Council authorize the following Argument in favor of Measure "I", and that it be delivered to the City Clerk for printing and distribution to the voters and that any Council member desiring to include his name in support of the Argument be so permitted: Bakersfield's present Civil Service System was established in 1931. At that time, the elec- torate voted in favor of three separate commissions: a Police Commission, a Fire Commission and a Miscellaneous Employees' Commission. This system worked well in the 1930's, 40's and into the 50's, however, in the 1960's and 70's many Federal and State laws were passed in regards to employer- employee relations which supersede the Cities' charter, thus making it impractical for the City to remain under three separate commissions. The County of Kern has operated since 1956 with one commission and no where in the Stat'e of California are we aware of a City or County which has three separate Civil Service Commissions. Nearly two years ago, the present City Council appointed a fifteen member committee made up of City residents, for t~e purpose of reviewing our charter. This committee has met with the City staff, union representatives, businessmen and a diverse group of interested citizens before arriving at their recommendations up- dating the charter. Many hours of research and deliberation with all facets of our com- munity have been spent on this project. These recommendations have been well thought out, and if passed by the electorate, will result in more efficient city management and at less cost. After nearly 50 years of the same charter requirements, let's bring our City into today's world. Vote YES on Measure I. Is/ J.M. "Chris" Christensen John M. Means Vernon D. Strong James J. Barton 12-10-80 Councilman Christensen's motion was unanimously approved. Councilman Means made a motion that copies of the Energy Task Force's recommendations be forwarded to the Kern County Board of Supervisors for their consideration. This motion was unanimous]Ly approved. Bakersfield, California, December 10, 1980 - Page 4 Upon a motion by Councilman Means the City Attorney was requested to prepare an Impartial Analysis of the Charter Amend- ments, which will be included in the sample ballots with the Argu- ments for and against the Measures. Councilman Miller requested permission from the Council to write an Argument in opposition to Measure I. Councilman Strong stated he would be happy to support a motion to that effect if Councilman Miller would include in the motion that any Councilman who wishes to write an Argument in favor be authorized to do so. City Attorney Oberholzer explained that only one Argumer~t for and one Argument against a measure can be printed to be included with the sample ballot. The members of the legislative body, authorized by that body, have first priority when the Arguments are selected for printing by the City Clerk. Councilman Strong stated he wanted the right to amend the Argument in favor of Measure I that was read by Councilman Christensen. Councilman Miller made a motion that members of the Council be authorized to submit Arguments for and against the Charter Amendments. Councilman Miller stated he wanted it under- stood that he is only in opposition to Measure I and does not oppose the rest of the Charter Amendments. Dr. Ray Geigle, member of the Charter Review and Advisory Commission, commented on the proposed Charter Amendments and thanked the Council for keeping politics out of the Measures. Councilman Miller's motion that members of the Council be authorized to submit Arguments for and against the Charter Amendments, was approved. Upon a motion by Councilman Barton, City Attorney Richard Oberholzer was appointed to the Board of Zoning Adjustment, term expiring December l, 1982; and Director of Public Works J. Dale Bakersfield, California, December 10, 1980 - Page 5 Hawley was reappointed to the Board of Zoning Adjustment and Edgar W. Schulz was reappointed as the Public Works Director's alternat,e to the Board of Zoning Adjustment, terms expiring December 1, 198:3. Councilman Means voted in the negative on this motion. Mayor Hart requested the City Manager to comment on the situation regarding the Workshop Session between the Council and Redevelopment Agency scheduled for Monday, December 15, 1980, at 7:00 P.M., in the Council Chambers of City Hall. City Manager Bergen stated the City's consultants have indicated that the Downtown Shopping Mall, as presently proposed, is not feasible without the Urban Development Act Grant. They have further stated that the decision on the Grant has not been made and will not be made for ten days and possibly twenty days. With these facts a Workshop Session would not be productive on Monday the 15th of December. As has been stated, the City's consultant, Jerry Keyser of Keyser Marston Associates, is not able to attend and Dan Donahue of Griffith Company will not be able to attend. Mr. Donahue is busy working on this project and that is part of the conflict he is having. In light of these facts it is recommended that the Workshop Session be deferred until the first convenient time of the Council and Redevelopment Agency when the results of the UDAG Application are known. After discussion, upon a motion by Councilman Strong the Workshop Session between the Council and Redevelopment Agency to discuss the Downtown Shopping Mall set for Monday, December 15, 1980, at 7:00 P.M., in the Council Chambers of City Hall, was post- poned for a period not to exceed 30 days from December 15, 1980. REPORTS Councilman Payne, member of the Business Development and Parking Committee, read Report No. 11-80 regarding California Homeownership Assistance Program - AB 333, as follows: On September 8, 1980, the California State Department of Housing and Community Development Bakersfield, California, December 10, 1980 - Page 6 (HCD) released a request for proposals under the California Homeownership Assistance Program --AB 333. Operated in partnership with local government agencies, the program provides financial assistance, through an equity-sharing method, for eligible individuals seeking home- ownership. This represents the first time that the State has committed General Fund monies to housing. The first component of the AB 333 program, to be funded for $7.5 million, is targeted to apartments and mobilehome parks being converted to condominiums and stock co- operatives. Under the AB 333 regulations, a local govern- ment agency applies on behalf of eligible households to have the program operated in that jurisdiction. The local agency must receive State certification that it is administratively capable of promptly implementing the program, agree to assist in the initial administration of the program and agree to enter into a contract with the State for that purpose. The local agency then notifies eligible tenants of the program, provides financial counseling and provides monitoring and progress reports to the State HCD. The City's Community Development Department currently has the staff and resources to conduct this function. Two condominium conversion projects have been identified which would qualify under AB 333. One is the northeast section of town, the other is in the southwest. Together, they involve 50 eligible units with a financial requirement of $1,000,000 in State funds. Based upon a review of the State guidelines and conversations with HCD, the committee considers these to be viable projects which should receive favorable State consideration in the next funding round, anticipated to be at the end of January, 1981. THEREFORE, IT IS RECOMMENDED THAT staff be authorized to submit an AB 333 application to the State Department of Housing and Community Development in the next funding round. Upon a motion by Councilman Payne, Business Development and Parking Committee Report No. 11-80 regarding California Home- ownership Assistance Program - AB 333, was accepted; and staff was authorized to submit an AB 333 Application to the State Department of Housing and Community Development in the next funding period. Councilman Payne, member of the Business Development and Parking Committee, read Majority Report No. 12-80 regarding Extension of the Central Parking Mall, as follows: Bakersfield, California, December 10, 1980 - Page Since the adoption of the ordinance by the City Council enabling the formation of the Central Parking Mall concept in Downtown Bakersfield in 1970, there have been numerous requests to add to and/or amend the one-way street concept so that additional parking spaces could be provided. The last change to this parking mall concept was made in 1977, wherein this Council added an additional block on the east and west sides of the existing one-way couplet. At that time, the proposal to add the block between "F" and "G" Streets on 19th and 20th Streets was con- sidered, but not approved. Since that decision, the Downtown Business Association has wrestled with the sustaining fact that there is a great need for additional parking in the downtown area. The Redevelopment Agency, in response to this cry to provide additional parking by whatever means feasible, prepared a parking study. The parking study concluded that in the quadrant of the downtown area presently being considered, there is an approximate 650-parking space deficiency. In the block under consideration, i.e., "F" to "G", 19th to 20th, the parking study concluded that, according to the land use that presently exists, 160 parking spaces should be provided where in fact only 98 are provided. This shows a deficiency in that block of 62 parking spaces. The majority o£ this Committee recommends to this Council that the Central Mall concept be extended one additional block between "F" and "G" Streets on 19th and 20th Streets. We base our recommendations on the following: The Agency, at considerable expense, con- ducted a parking study that indicated a shortage of 231 parking spaces in the area north of 19th Street, west of Chester, south of 22nd Street, and east of "F" Street. The addition of 12 parking spaces answers this need, and provides 33% more parking than presently exists on the two streets in question. Written and verbal testimony from some area businesses along "F" and "G" Streets indicates that the main issue of their concern is that the added spaces would only be acquired by the employees of the Welfare Department, and would not really accomplish the intended purpose. Bakersfield, California, December 10, 1980 - Page 8 Along 19th Street, between "F" and "G" Streets, the two property owners on the south side favored the addition of parking spaces that would be provided by the one- way street. o On the north side of 19th Street, only one business, i.e., Westside Liquors, is in opposition to the one-way concept, and has stated they have no need for additional parking on the street because of their inherent on-site parking provisions. o The Welfare Department office expressed concern, not for the one-way concept, but for any change in long-term parking time limits that would affect their employees who must park on the street. They employ 130 people and provide 42 on-site parking spaces off 20th Street. On 20th Street, are no business one-way concept. along the south side, there people in opposition to the On the north side of 20th Street, the State Rehabilitation Center is hopeful that additional parking can be provided; and in addition, would like at least two "blue- curb" spaces for handicapped parking. This facility occupies one-half of the north side of 20th Street. The "Happy Jacks" restaurant is not in favor of the one-way concept because of the large take-out trade enjoyed by the business. They contend that implementing the proposed change will result in the slowing of traffic, and will tend to inhibit the movement of traffic. The City Credit Union office on "G" Street is not in favor of the change, and is basically concerned about the changes in ingress and egress on their parking lot. It presently provides access to both east and west bound traffic off 20th Street. 10. The businesses on the west side o£ "F" Street, between 19th and 20th, feel that the ultimate decision will have no effect on them. In conclusion, the businesses that will be directly affected because of the one-way traffic patterns that will result, have voted 66% in favor on 19th Street and 50% in favor on 20th Street. Therefore, we recommend the implemen- tation of the one-way concept on 19th and 20th Streets between "F" and "G" Streets. Councilman James J. Barton, Chairman Councilman Thomas A. Payne Bakersfield, California, December 10, 1980 - Page 9 Councilman Miller, member of the Business Development and Parking Committee, read Minority Report No. 13-80 regarding Extension of the Central Parking Mall, as follows: On October 29, 1980, this Committee, via Report No. 10-80, recommended that the Central Parking Mall concept along 19th and 20th Streets in Downtown Bakersfield be expanded to include the block between "F" and "G" Streets. As a result of that report, and in light of discussions that took place at the Council Meeting, the matter was referred back to the Business Development and Parking Committee for further study. Since that time, this Committee held two meetings with affected area business people--one on November 12, 1980 and the other on November 17, 1980. As a result of these two meetings, I feel it necessary to submit this minority report in an effort to convey to the Council that I no longer support the proposed extension of the mall concept. This decision is based on the following facts: Field observations by staff indicate that the present parking spaces are not being fully utilized. At least two o£ the affected businesses are opposed to the resulting change in the circulation pattern, because they feel such change would have an adverse effect on their business. Facing 19th and 20th Streets, there are seven businesses and one vacant commercial structure. o The backing movements caused by modifica- tions to the existing traffic pattern would (according to statistics) cause added traffic accidents. The net gain in parking spaces on 19th and 20th Streets would be 12 spaces, for a total of 46, as compared with the 32 spaces at present. Therefore, because of the foregoing reasons, request the Council not to authorize the ex- tension of the mall concept between "F" and "G" Streets. I Respectfully submitted, Councilman Robert N. Miller Councilman Payne made a motion that Business Development and Parking Committee Majority Report No. 12-80 regarding Extension of the Central Parking Mall, be accepted; and the one-way traffic Bakersfield, California, December 10, 1980 - Page 10 pattern on 19th and 20th Streets between "F" and "G" Streets, be approved. Mr. Skip Witham, President of the Downtown Business Association, spoke in favor of the extension of the Downtown Parking Mall. Mrs. Frances Rosales, owner of Happy Jacks Restaurant, 1800 - 20th Street, spoke in opposition to extending the Downtown Parking Mall. Councilman Miller offered a substitute motion that Business Development and Parking Committee Minority Report No. 13-80 regarding Extension of the Central Parking Mall, be accepted; and that the Downtown Parking Mall not be extended at this time. Councilman Strong requested that Councilman Miller include in his substitute motion that the Downtown Parking Mall be left as is, pending an overall parking review to be considered at a later date. Councilman Miller indicated he would include that in his substitute motion. Mr. Steve Lewis, representing the owners of an office building at 1800 - 19th Street, spoke in opposition to the extension of the Downtown Parking Mall. Councilman Miller's substitute motion that Business Development and Parking Committee Minority Report No. 13-80, regarding Extension of the Central Parking Mall, be accepted; and the Downtown Parking Mall not be extended at this time, pending an overall parking review to be considered at a later date, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Councilmen Payne, None Councilman Means, Means, Miller, Strong Ratty, Barton Chairman of the Budget Review and Finance Committee, read Report No. Funds for Zoning Ordinance Review, 19-80 regarding Additional as follows: Bakersfield, California, December 10, 1980 - Page ll In the 1979-80 fiscal year budget, $15,000 was approved for a review of the City's Zoning Ordinance. It has been many years since this ordinance had been thoroughly reviewed. There were many parts which were outdated, contained conflicting wording and generally were posing administrative problems. It was determined the most appropriate manner to make this review was to utilize the input of those most affected, namely representatives of the building and development industries, assisted by an outside consultant. A citizen's advisory committee was appointed by the Mayor from these industries and QUAD Consultants was selected as the con- sultant. The actual review began early in 1980. A draft report is now completed and being circulated for final review. However, it appears the costs to complete this review will exceed the original estimate by approximately $6,500. This results from a greater number of advisory committee meetings than originally anticipated (totalling twenty to date over a five month period), greater documentation of committee progress requiring higher adminis- trative costs, additional issues other than staff concern being raised by outside groups which required added work and the consultant time and administrative support to finalize the report and appear before the Planning Commission and City Council. The Committee feels this ordinance review is very necessary and the advisory committee has been very diligent and responsive in carrying out their responsibilities and would therefore recommend $6,500 be transferred from the Council Contingency account to complete this review. Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 19-80 regarding Additional Funds for Zoning Ordinance Review, was accepted; and Budget Transfer from the Council Contigency Account to the appropriate account, in the amount of $6,500, in order to complete the review of the Zoning Ordinance, was approved. Director of Fire & Development Services Needham reported on a funding request from the Greater Bakersfield Local Development Corporation, as follows: At the November 19, 1980 City Council Meeting a request for $3,000 in Community Development funds was made by the Greater Bakersfield Local Development Corporation (GBLDC) for organi- zational funds and referred to staff for study Bakersfield, California, December 10, 1980 - Page 12 and recommendation. The funds are to pay for start-up costs and fees for incorporation of the GBLDC. The GBLDC is a duly executed non-profit organi- zation, incorporated to assist existing small businesses by providing financial assistance through the Small Business Administration (SBA) programs. The LDC has been certified by the SBA. The State of California Economic and Business Development Department has provided technical assistance to screen potential projects. As a result of the screening, two viable projects have been identified and are being prepared for submission to SBA. One project will assist a minority owned business relocate and expand its present operation. The LDC is eligible for Community Development funding under the outside funding policy adopted by the City Council on October 29, 1980. The organization will help to serve the goals of the approved Comprehensive Economic Develop- ment Strategies (CEDS) by leveraging public funds with that of private monies, and creating permanent unsubsidized employment opportunities. The City's HUD field representative states that this activity is eligible under HUD regulations. THEREFORE, IT IS RECOMMENDED THAT the funding request of the Greater Bakersfield Local Development Corporation be approved and the Mayor authorized to execute the contract. Upon a motion by Councilman Means, request from the Greater Bakersfield Local Development Corporation for Community Development Funds, in the amount of $3,000, was referred to the Budget Review and Finance Committee for study and recommendation. Director of Fire & Development Services Needham reported on a funding request from the Kern County Housing Authority, as follows: At the November 19, 1980 meeting, the City Council received and referred to staff for study and recommendation a November 13 letter from the Kern County Housing Authority (KCHA) Board of Directors regarding Community Develop- ment funds for a housing referendum. Specifi- cally, the request is to utilize the unspent balance remaining on the contract approved by the Council in September to place an Article XXXIV referendum on the November 4, 1980 ballot. These funds now are being requested to continue the education effort regarding the need for low-cost housing and to fund future election costs. ¸9O Bakersfield, California, December 10, 1980 - Page 13 After staff review of the existing contract and the discussion among the parties leading up to its approval, it is very clear that the intent was only to pay for those costs incurred between June 18 and November 4, 1980 which related directly to passage of Measure A on the ballot. To this end the following wording was included in Section 4 of the contract: "It is understood and agreed that County and City shall not fund any activities of Authority's consultant or any of the educational advertising activities undertaken by Authority after November 4, 1980." This alone is sufficient to recommend that the Authority's request be denied. However, staff also believes that its concern about the relationship between the Citizen's Committee for Affordable Housing (CCAH) and the Kern County Housing Authority should be stated. Presently, Homer Harrison, a KCHA Director, also heads up the CCAH, and utilized office space at the Authority from which to direct the campaign. It is staff's opinion that this close identification between the two entities caused confusion among the voters regarding Measure A and also brought about a no vote recommendation on the referendum from the Greater Bakersfield Board of Realtors. For this reason as well staff believes that no further funding should be made available to the Citizens Committee on Affordable Housing as it is currently structured. Upon a motion by Councilman Means, request from the Kern County Housing Authority for Community Development Funds for a housing referendum, was denied. Councilman Strong abstained from voting on this matter. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3292 to 3619, inclusive, in the amount of $1,849,826.36. (b) Claim for Damages from John S. Fleming and Three Way Chevrolet, 3921 Columbus Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Esther P. Silfies, P.O. Box 366, Glennville, California. (Refer to City Attorney) Bakersfield, California, December 10, 1980 - Page 14 (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) Claim for Damages from Lovie Johnson, c/o Sims, Solomon & Konnoff, Attorneys at Law, 1306 Chester Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Tommie Townsend, c/o Sims, Solomon & Konnoff, Attorneys at Law, 1306 Chester Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Riviera Garden Condominiums, 3610 Elm Street, Bakers- field. (Refer to City Attorney) Claim for Damages from Johnny Charles Turner, 1520 South Chestnut, Apt. 109, Fresno, California. (Refer to City Attorney) Street Right-of-Way Deed from Portfolio Properties, Inc., providing for dedication of a portion of Stine Road, as required by the Planning Commission for Parcel Map No. 5846, located south of White Lane, east of Stine Road. Grant Deed from Elmer F. Karpe, Inc., pro- viding an additional lot for enlarging an existing sump, as required by the Planning Commission for Tract Nos. 4268 and 4269, located north of Panama Lane, east of Akers Road. Water Pipeline Easement from Tenneco Realty Development Corporation as required by the Planning Commission for Parcel Map No. 5968, located south of Schirra Court and east of Ashe Road. Road Easement from Tenneco Realty Develop- ment Corporation for access to the drainage sump located south of White Lane, east of Ashe Road. Sewer Line Easement from Tenneco Realty Development Corporation as required by the Planning Commission for Parcel Map No. 5714, located near Dunsmuir Road and Business Park North. Road Easement from Tenneco Realty Develop- ment Corporation providing dedication for a portion of Dunsmuir Road as required by the Planning Commission for Parcel Map No. 5714, located north of Business Center Drive, east of California Avenue. Road Easement from Tenneco Realty Develop- ment Corporation providing dedication for a portion of Dunsmuir Road as required by the Planning Commission for Parcel Map No. 5797, located east of Business Park North between Mohawk Street and East Commercenter. 92 Bakersfield, California, December 10, 1980 - Page 15 (o) (P) (q) (r) (s) (t) (u) (v) Map of Tract No. 4241 and Improvement Agreement with Pueblo De La Luna for construction of improvements therein, located on the south side of Pacheco Road, approximately 600 feet west of Wible Road. Map of Tract No. 4377 with Gar McIndoe, et al, located south of Ming Avenue, east and west of Manning Street. Improvement Agreement for Parcel Map No. 6001 with Mercy Hospital, for construc- tion of improvements therein, located on the south side of 16th Street between "A" and "E" Streets. Notice of Completion and Acceptance of Work on City Fire Station No. 9, Contract No. 80-43 with Joel Mundorf, Inc. The station is located on Westwold Drive, approximately 200 feet east of Gosford Road. Notices of Completion and Acceptance of Work for: Parcel Map No. 5356, Contract No. 79-124 with James T. Rowland and Peggy J. Rowland, located at Wible Road and Panama Lane. Resurfacing South Real Road from Ming Avenue to Oro Vista Avenue, Contract No. 80-155 with James G. Francis. Resurfacing a portion of Stockdale Highway west of McDonald Way, Contract No. 80-180 with Granite Construction Company. Application for Encroachment Permit from E. N. Oldham, 110 New Stine Road, Suite E, for construction of a 6 foot high concrete panel fence along the property line on Wible Road north of Panama Lane adjacent to Tract No. 4060. Plans and Specifications for construction of Kern River Canal Spreading Ground Turn- out Structure. Contract Change Order No. I to Contract No. 80-136 with W. M. Lyles Company for installation of a 12 inch Water Main through the intersection of New Stine Road and Stockdale Highway. This Change Order is necessary for water main installa- tion in addition to the contract quantity. This work is recommended by the California Water Service Company, and sufficient funds are available in the Domestic Water Budget. The Change Order increases the contract amount by $1,752.04. Total project cost is $13,407. Bakersfield, California, December 10, 1980 - Page 16 Novation between original Subdivider, a substituted Contractor and the City of Bakersfield. This novation provides for the substitution of Chester Jost for American West-Lands Company and Lawton Powers, Inc., as Subdivider/Contractor for Contract No. 79-115, Improvement Agreement for Parcel Map No. 5179, located at the northwest corner of Wilson Road and Real Road. (x) Amendment to Contract No. 80-150 with Gage Babcock & Associates and County of Kern for a Fire Station Location and Service Study. This amendment corrects an error in the original contract re- garding indemnification and insurance. (Y) Joint Exercise of Powers Agreement between the City of Bakersfield and Stockdale Golf and Country Club, Inc., for construction of a sewer main extension to serve the Stock- dale Country Club and adjacent homes in the unincorporated-portion of Kern County and located on Tam-O-Shanter Drive and Meadow- brook Lane. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x) and (y) of the Consent Calendar, were adopted by the £ollowing roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bid of Huntmix, Inc., for Annual Contract No. 11381, Type "B" Asphalt, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Miller, low bid of Baker's Welding Supply Company for Annual Contract No. 15081, Welding Supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, low bid of Three Way Chevrolet for 3/4 Ton Cab & Chassis for the Public Works Department, was accepted and the other bid rejected. 94 Bakersfield, California, December 10, 1980 - Page Upon a motion by Councilman Strong, low bid of Broadbent Corporation for Traffic Recorders for the Public Works Department, was accepted and the other bid rejected. DEFERRED BUSINESS Denial of Application by Zip-In Restaurant & Deli for a 56 foot high freestanding sign at 2610 Pierce Road. All signs over 50 £eet in height require approval of the City Council. The proposed sign installation would utilize an existing' sign support system. The ordinance permits an area of 240 square feet in a C-2 Zone. The sign requested is approximately 740 square feet. The prior sign at this location was 50 feet high with an area of approximately 500 square feet. ~ere are other signs in the area that exceed 50 feet in height. Action on this item was held over from the Council Meeting of November 5, 1980, in order to provide time for the applicant to talk to his client prior to the Council making a decision. At the request of Councilman Ratty it was determined that the applicant was not present in the audience. Councilman Ratty made a motion to deny the application & Deli for a 56 foot high freestanding sign of Zip-In Restaurant at 2610 Pierce Road. Councilman Strong suggested that this item be deferred until the staff can contact the applicant. Director of Fire & Development Services Needham stated the gentleman who appeared before the Council on November 5, 1980, regarding this item has met with Building Director Bidwell and concurs with Councilman Strong's statements at that meeting re- garding removing the bottom third of the sign and not adding the second sign. Councilman Strong requested that Dr. Ratty's motion include a proviso that the staff be directed to inform the Bakersfield, California, December 10, 1980 - Page applicant that the Council would look favorably to his request for a sign which conforms to the discussion that took place at the Council Meeting of November 5, 1980. Councilman Ratty stated he would prefer that his motion remain as he stated it and the applicant could make another applii- cation for a sign that conforms to the discussion that took place at the meeting of November 5, 1980. Councilman Ratty's motion that the application of Zip-In Restaurant & Deli for a 56 foot high freestanding sign at 2610 Pierce Road be denied, carried by the following roll call vote: Ayes Councilmen Christensen, Ratty, Strong, Barton Noes Councilmen Means, Miller, Payne Absent: None Councilman Christensen requested that the staff inform the applicant that the Council will act favorably if he applies for a sign according to the specifications that were worked out i~ detail with Building Director Bidwell as specified during the Council Meeting of November 5, 1980. Adoption of Ordinance No. 2582 New Series of the Council of the City of Bakersfield adding Sections 1.16.040 through 1.16.120 to Chapter 1.16 of Title 1 of the Bakersfield Municipal Code relative to definitions and rules of construction applicable to the Bakersfield Municipal Code. Upon a motion by Councilman Payne, Ordinance No. 2582 New Series of the Council of the City of Bakersfield adding Sections 1.16.040 through 1.16.120 to Chapter 1.16 of Title I of the Bakers- field Municipal Code relative to definitions applicable to the Bakersfield Municipa~ Code, following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Means, Strong, Barton None Miller, None and rules of construction was adopted by the Payne, Ratty, Bakersfield, California, December 10, 1980 - Page 19 Adoption of Ordinance No. 2583 New Series of the Council of the City of Bakersfield amending Section 1.40.070 of the Bakersfield Municipal Code relative to absence from meetings by members of the Planning Commission. Upon a motion by Councilman Payne, Ordinance No. 2583 New Series of the Council of the City of Bakersfield amending Section 1.40.070 of the Bakersfield Municipal Code relative to absence from meetings by members of the Planning Commission, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2584 New Series of the Council of the City of Bakersfield repealing Section 1.45.020 of the Bakersfield Municipal Code relative to employees of Tenneco West, Inc. Upon a motion by Councilman Barton, Ordinance No. 2584 New Series of the Council of the City of Bakersfield repealing Section 1.45.020 of the Bakersfield Municipal Code relative to employees of Tenneco West, Inc., was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2585 New Series of the Council of the City of Bakersfield amending Section 1.46.050 (c) of the Bakersfield Municipal Code relative to Customer's Deposit Receipt (Ashe Water Service Area). Upon a motion by Councilman Strong, Ordinance No. 2585 New Series of the Council of the City of Bakersfield amending Section 1.46.050 (c) of the Bakersfield Municipal Code relative to Customer's Deposit Receipt (Ashe Water Service Area), was adopt~ Bakersfield, California, December 10, 1980 - Page 20 by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2586 New Series of the Council of the City of Bakersfield amending Section 1.84.020 of the Bakersfield Municipal Code relative to Redevelopment Agency Membership. Upon a motion by Councilman Barton, Ordinance No. 2586 New Series of the Council of the City of Bakersfield amending Section 1.84.020 of the Bakersfield Municipal Code relative to Redevelopment Agency Membership, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2587 New Series of the Council of the City of Bakersfield amending Section 1.90.060 of the Bakersfield Municipal Code relative to penalties for violations of chapter. Upon a motion by Councilman Barton, Ordinance No. 2587 New Series of the Council of the City of Bakersfield amending Section 1.90.060 of the Bakersfield Municipal Code relative to penalties for violations of chapter, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2588 New Series of the Council of the City of Bakersfield amending Sections 3.08.010 and 3.08.080 of the Bakersfield Muni- cipal Code relative to the title, administrative procedure ordinance, and to presumptions from filing regu- lations. 98 Bakersfield, California, December 10, 1980 - Page 21 Upon a motion by Councilman Christensen, Ordinance No. 2588 New Series of the Council of the City of Bakersfield amending Sections 3.08.010 and 3.08.080 of the Bakersfield Municipal Code relative to the title, administrative procedure ordinance, and to presumptions from filing regulations, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Strong, Barton Noes: None Absent: None Miller, Payne, Ratty, Adoption of Ordinance No. 2589 New Series of the Council of the City of Bakersfield repealing Section 3.14.050 (62) of the Bakersfield Municipal Code relative to and defining Overtime Work, and amending Sections 3.14.120 (1) and (4) relative to and defining Acting and Probationary Appointments. Upon a motion by Councilman Christensen, Ordinance No. 2589 New Series of the Council of the City of Bakersfield repeali~g Section 3.14.050 (62) of the Bakersfield Municipal Code relative to and defining Overtime Work, and amending Sections 3.14.120 (1) and[ (4) relative to and defining Acting and Probationary Appointments, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2590 New Series of the Council of the City of Bakersfield amending Section 3.14.151 of the Bakersfield Municipal Code relative to General Residency Require- ments. Upon a motion by Councilman Barton, Ordinance No. 2590 New Series of the Council of the City of Bakersfield amending Section 3.14.151 of the Bakersfield Municipal Code relative to General Residency Requirements, was adopted by the following roll Bakersfield, California, December 10, 1980 - Page 22 99 call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2591 New Series of the Council of the City of Bakersfield repealing Section 3.30.030 of the Bakersfield Municipal Code relative to Special Officers in Police Department. Upon a motion by Councilman Christensen, Ordinance No. 2591 New Series of the Council of the City of Bakersfield repealing Section 3.30.030 of the Bakersfield Municipal Code relative to Special Officers in Police Department, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2592 New Series of the Council of the City of Bakersfield amending Sectio~ 5.10.010 and 5.11.020 of the Bakersfield Muni- cipal Code relative to Gas Tax Street Improvement Fund and to an Insurance Fund. Upon a motion by Councilman Christensen, Ordinance No. 2592 New Series of the Council of the City o£ Bakersfield amending Sections 5.10.010 and 5.11.020 of the Bakersfield Municipal Code relative to Gas Tax Street Improvement Fund and to an Insurance Fund, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2593 New Series of the Council of the City of Bakersfield amending Section 5.32.040 (a) of the Bakersfield Municipal Code relative to Auditorium Manager. 'Of) Bakersfield, California, December 10, 1980 - Page 23 Upon a motion by Councilman Christensen, Ordinance No. 2593 New Series of the Council of the City of Bakersfield amending Section 5.32.040 (a) of the Bakersfield Municipal Code relative to Auditorium Manager, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2594 New Series of the Council of the City of Bakersfield amending Section 5.36.010 and repealing Sections 5.36.020 and 5.36.030 of the Bakersfield Municipal Code relative to Fee Schedule for copies of Police Reports. Upon a motion by Councilman Strong, Ordinance No. 2594 New Series of the Council of the City of Bakersfield amending Section 5.36.010 and repealing Sections 5.36.020 and 5.36.030 of the Bakersfield Municipal Code relative to Fee Schedule for copies of Police Reports, was adopted by the following roll call vote: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Ayes Noes Absent: None None Adoption of Ordinance No. 2595 New Series of the Council of the City of Bakersfield repealing Section 5.40.160 (b) and amending Section 5.40.210 (a) of the Bakersfield Municipal Code relative to Amplified Speech or Music in Parks. Upon a motion by Councilman Christensen, Ordinance No. 2595 New Series of the Council of the City of Bakersfield repealing Section 5.40.160 (b) and amending Section 5.40.210 (a) of the Bakersfield Municipal Code relative to Amplified Speech or Music in Parks, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Bakersfield, California, December 10, 1980 - Page 24 10l Adoption of Ordinance No. 2596 New Series of the Council of the City of Bakersfield amending Section 5.40.240 of the Bakersfield Municipal Code relative to sales and solicitations in City Parks. Upon a motion by Councilman Strong, Ordinance No. 2596 New Series of the Council of the City of Bakersfield amending Section 5.40.240 of the Bakersfield Municipal Code relative to sales and solicitations in City Parks, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2597 New Series of the Council of the City of Bakersfield repealing Sections 6.08.040 (b) (4), 6.08.050 (b) (3), and 6.08.061 of the Bakersfield Municipal Code relative to Sales and Use Taxes and 6.40.050 relative to Real Property Transfer Taxes. Upon a motion by Councilman Strong, Ordinance No. 2597 New Series of the Council of the City of Bakersfield repealing Sections 6.08.040 (b) (4), 6.08.050 (b) (3), and 6.08.061 of the Bakersfield Municipal Code relative to Sales and Use Taxes and 6.40.050 relative to Real Property Transfer Taxes, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2598 New Series of the Council of the City of Bakersfield amending Title 7 of the Bakersfield Municipal Code relative to Business Regulations and Permits by repealing Sections 7.02.020 and 7.02.030 (Posting Handbills), 7.08.020 (d) (3) (Sound Equipment), 7.18.200 (Junk Dealers), 7.28.040 (a) and (b) and 7.28.050 (a) (Adult Bookstores), 7.40.170 (Admission Fees at Public Dances), and Chapter 7.60 (Trampoline Centers), and by amending Sections 7.16.020 (Messenger Service), 7.48.010 and 7.48.020 (4) (Hotels and Lodging Houses), 7.52.010 (b) and 7.52.130 (d) (Taxicabs), 7.56.010 (Transient Photographers' Bonds), 7.64.030 (c) (1) (Police and Fire Alarm Systems), and 7.90.010 (Outdoor Festivals). Bakersfield, California, December 10, 1980 - Page 25 Upon a motion by Councilman Christensen, Ordinance No. 2598 New Series of the Council of the City of Bakersfield amending Title 7 of the Bakersfield Municipal Code relative to Business Regulations and Permits by repealing Sections 7.02.020 and 7.02.030 (Posting Handbills), 7.08.020 (d) (3) (Sound Equipment), 7.18.200 (Junk Dealers), 7.28.040 (a) and (b) and 7.28.050 (a) (Adult Bookstores), 7.40.170 (Admission Fees at Public Dances), and Chapter 7.60 (Trampoline Centers), and by amending Sections 7.16.020 (Messenger Service), 7.48.010 and 7.48.020 (4 (Hotels and Lodging Houses), 7.52.010 (b) and 7.52.130 (d) (Taxicabs, 7.56.010 (Transient Photographers' Bonds), 7.64.030 (c) (1) (Police and Fire Alarm Systems), and 7.90.010 (Outdoor Festivals), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2599 New Series of the Council of the City of Bakersfield repealing Chapter 8.16 of the Bakersfield Municipal Code relative to Endurance Contests. Upon a motion by Councilman Miller, Ordinance No. 2599 Contests, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2600 New Series of the Council of the City of Bakersfield repealing Chapter 8.28 of the Municipal Code of the City of Bakersfield relative to Food or Drink Permits. Upon a motion by Councilman Ratty, Ordinance No. 2600 New Series of the Council of the City of Bakersfield repealing Chapter 8.16 of the Bakersfield Municipal Code relative to Endurance New Series of the Council of the City of Bakersfield repealing Bakersfield, California, December 10, 1980 - Page 26 103 Chapter relative to Food or Drink Permits, roll call vote: Ayes: was adopted by the 8.28 of the Municipal Code of the City of Bakersfield following Councilmen Christensen, Means, Miller, Payne, Strong, Barton Adoption of Ordinance No. 2601 New Series of the Council of the City of Bakersfield amending Section 8.48.130 (d) and 8.48.160 (a) and adding Sections 8.48.130 (e) and 8.48.130 (f) to the Bakersfield Municipal Code relative to Refuse Collection Points. Ratty, New Series of the Council of the City of Bakersfield amending Section 8.48.130 (d) and 8.48.160 (a) and adding Sections 8.48.130 (e) and 8.48.130 (f) to the Bakersfield Municipal Code relative to Refuse Collection Points, with the addition of the wording "or with a pad acceptable to the Director of Public Work~'to Section 3.48.130 (f), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2602 New Series of the Council of the City of Bakersfield repealing Chapter 8.68 of the Bakersfield Municipal Code relative to Grease Traps. Upon a motion by Councilman Christensen, Ordinance No. 2602 New Series of the Council of the City of Bakersfield repealing Chapter 8.68 of the Bakersfield Municipal Code relative to Grease Traps, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Mil~er, Payne, Ratty, Strong, Barton Noes: None Absent: None Noes: None Absent: None Upon a motion by Councilman Strong, Ordinance No. 2601 104 Bakersfield, California, December 10, 1980 - Page 27 Adoption of Ordinance No. 2603 New Series of the Council of the City of Bakersfield amending Chapter 8.84 of the Bakersfield Municipal Code de- claring trees or shrubs growing in the City of Bakersfield which are infested or infected with destructive parasites or insect pests to be a Public Nuisance, and providing for the abatement of such nuisance by spraying, trimming or otherwise treating such trees or shrubs. Upon a motion by Councilman Ratty, Ordinance No. 2603 New Series of the Council of the City of Bakersfield amending Chapter 8.84 of the Bakersfield Municipal Code declaring trees or shrubs growing in the City of Bakersfield which are infested or infected with destructive parasites or insect pests to be a Public Nuisance, and providing for the abatement of such nuisance by spraying, trimming or otherwise treating such trees or shrubs, was adopted by the following roll call vote: Ayes Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes None Absent: None Adoption of Ordinance No. 2604 New Series of the Council of the City of Bakersfield repealing Sections 8.90.010, 8.90.020 and 8.90.050 of the Bakers- field Municipal Code relative to Smoke Abatement. Upon a motion by Councilman Means, Ordinance No. 2604 New Series of the Council of the City of Bakersfield repealing Sections 8.90.010, 8.90.020 and 8.90.050 of the Bakersfield Muni- cipal Code relative to Smoke Abatement, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2605 New Series of the Council of the City of Bakersfield repealing Section 9.04.070 of the Bakersfield Municipal Code relative to Pigeons and Doves (Inspections). Bakersfield, California, December 10, 1980 - Page 28 10.5 Upon a motion by Councilman Strong, Ordinance No. 2605 New Series of the Council of the City of Bakersfield repealing Section 9.04.070 of the Bakersfield Municipal Code relative to Pigeons and Doves (Inspections), was adopted by the following rol~ call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2606 New Series of the Council of the City of Bakersfield amending Title 10 o£ the Bakersfield Municipal Code relative to Crime by repealing Chapter 10.02 (Citations for Violations) and Sections 10.07.020, 10.07.030, 10.07.040, 10.07.080 and 10.07.110 (General Misdemeanors), Sections 10.08.020 (a), 10.08.020 (b), 10.08.020 (c), 10.08.020 (d), 10.08.020 (e), 10.08.020 (f), 10.08.020 (g), 10.08.020 (i), 10.08.020 (j), and 10.08.020 (k) (Disorderly Conduct), Section 10.17.010 and 10.17.020 (Dangerous Weapons in Public Buildings), Chapter 10.28 (Injuring Public Property), Chapter 10.38 (Public Speaking), and by amending Section 10.17.030 (Dangerous Weapons in Public Buildings). Upon a motion by Councilman Strong, Ordinance No. 2606 New Series of the Council of the City of Bakersfield amending Title 10 of the Bakersfield Municipal Code relative to Crime by repealing Chapter 10.02 (Citations for Violations) and Sections 10.07.020, 10.07.030, 10.07.040, 10.07.080 and 10.07.110 (General Misdemeanors), Sections 10.08.020 (a), 10.08.020 (b), 10.08.020 (c), 10.08.020 (d), 10.08.020 (e), 10.08.020 (f), 10.08.020 (g), 10.08.020 (i), 10.08.020 (j) and 10.08.020 (k) (Disorderly Conduct), Section 10.17.010 and 10.17.020 (Dangerous Weapons in Public Buildings), Chapter 10.28 (Injuring Public Property), Chapter 10.38 (Public Speaking), and by amending Section 10.17.030 (Dangerous Weapons in Public Buildings), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, 'Payne, Ratty, Strong, Barton Noes: None Absent: None Bakersfield, California, December 10, 1980 - Page 29 Adoption of Ordinance No. 2607 New Series of the Council of the City of Bakersfield repealing specified sections of Title ll of the Bakers- field Municipal Code relative to the City Traffic Code, amending specified sections of said Traffic Code, and amending Section 11.12.050 (d) relative to Parking Time Limits and Sections 11.16.030 and 11.16.090 relative to Parade Permits. Upon a motion by Councilman Barton, Ordinance No. 2607 New Series of the Council of the City of Bakersfield repealing specified sections of Title ll of the Bakersfield Municipal Code relative to the City Traffic Code, amending specified sections of said Traffic Code, and amending Section 11.12.050 (d) relative to Parking Time Limits and Sections 11.16.030 and 11.16.090 relative to Parade Permits, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Barton Noes: None Absent: None Abstaining: Councilman Strong Adoption of Ordinance No. 2608 New Series of the Council of the City of Bakersfield amending Section 12.27.040 of the Bakersfield Municipal Code relative to Council findings Re Under- ground Utility District and repealing Section 12.36.050 of the Bakersfield Municipal Code relative to permits required for planting, removing, trimming, etc., trees and shrubs. Upon a motion by Councilman Strong, Ordinance No. 2608 New Series of the Council of the City of Bakersfield amending Section 12.27.040 of the Bakersfield Municipal Code relative to Council findings Re Underground Utility District and repealing Section 12.36.050 of the Bakersfield Municipal Code relative to permits required for planting, removing, trimming, etc., trees and shrubs, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Bakersfield, California, December 10, 1980 - Page 30 107 Adoption of Ordinance No. 2609 New Series of the Council of the City of Bakersfield amending Title 13 of the Bakersfield Municipal Code relative to Buildings and Construction by repealing Section 13.52.050 (Enclosure of Pools), and by amending Sections 13.16.020 (Uniform Building Code), 13.28.020 (a) (Standards for Moved Buildings), 13.30.020 (Uniform Mechanical Code), 13.40.020 (Uniform Sign Code), 13.64.020 (Uniform Housing Code) and 13.66.020 (Uniform Code for Abatement of Dangerous Buildings). Upon a motion by Councilman Ratty, Ordinance No. 2609 New Series of the Council of the City of Bakersfield amending Title 13 of the Bakersfield Municipal Code relative to Buildings and Construction by repealing Section 13.52.050 (Enclosure of Pools), and by amending Sections 13.16.020 (Uniform Building Code),, 13.28.020 (a) (Standards for Moved Buildings), 13.30.020 (Uniform Mechanical Code), 13.40.020 (Uniform Sign Code), 13.64.020 (Uniform Housing Code) and 13.66.020 (Uniform Code for Abatement of Dangerous Buildings), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Barton Noes: None Absent: None Abstaining: Councilman Strong Adoption of Ordinance No. 2610 New Series of the Council of the City of Bakersfield amending Chapter 14.01 of the Bakersfield Municipal Code relative to the Uniform Fire Code. Upon a motion by Councilman Payne, Ordinance No. 2610 New Series of the Council of the City of Bakersfield amending Chapter 14.01 of the Bakersfield Municipal Code relative to the Uniform Fire Code, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Bakersfield, California, December 10, 1980 - Page 31 Adoption of Ordinance No. 2611 New Series of the Council of the City of Bakersfield amending Title 16 of the Bakersfield Municipal Code (Sub- division Regulations) by amending Section 16.12.010 (d) (Tentative and Final Maps Required) and Section 16.52.112 (e) (Format Content of Final Map). Upon a motion by Councilman Barton, Ordinance No. 2611 New Series of the Council of the City of Bakersfield amending Title 16 of the Bakersfield Municipal Code (Subdivision Regulations) by amending Section 16.12.010 (d) (Tentative and Final Maps Required) and Section 16.52.112 (e) (Format Content of Final Map), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2612 New Series of the Council of the City of Bakersfield amending Section 17.69.070 of the Bakersfield Municipal Code relative to structural standards for Fall-Out Shelters. Upon a motion by Councilman Strong, Ordinance No. 2612 New Series of the Council of the City of Bakersfield amending Section 17.69.070 of the Bakersfield Municipal Code relative to structural standards for Fall-Out Shelters, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2613 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 Bakers- field located on the south side of State Highway 178, east of Fairfax Road; and making findings in connec- tion with a P.U.D. Zone. Bakersfield, California, December 10, 1980 - Page 32 10'9 Ayes: Councilmen Noes: None Absent: None The application for this amendment was made by Michael Callagy 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 Miller, Negative Declaration and Ordinance No. 2613 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Munici- pal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of State Highway 178, east of Fairfax Road; 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: Christensen, Means, Miller, Payne, Ratty, Strong, Barton NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northeast corner of Gosford Road and White Lane. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-1 (One Family Dwelling) Zone to a R-2-D (Limited Multiple Family Dwelling - Architectural Design) and C-2-D (Commercial - Architectural Design), or more restrictive Zones. First reading was considered given an Ordinance 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 northeast corner of Gosford Road and White Lane. 110 Bakersfield, California, December 10, 1980 - Page 33 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northeast corner of Oswell Street and Bernard Street, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Philip M. Girard for Guarantee Savings and Loan Association and would change subject property from a P.C.D. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northeast corner of Oswell Street and Bernard Street, approving the Preliminary Development Plan and. making findings in connection with a P.C.D. Zone. Reception of Certificate of Election from Kern County Clerk of Results of the General Municipal Election for the Office of Mayor of the City of Bakersfield, Cali£ornia, held on the 4th day of November, 1980. The results of the election were as follows: Total number of Registered Voters: 50,368 Total number of Votes Cast: 44,129 Total number of Votes Cast for each Candidate: Charles H. Dodge 14,473 Mary K. Shell 22,997 Upon a motion by Councilman Christensen, Certificate of Election from Kern County Clerk of Results of the General Municipal Election for the Office of Mayor of the City of Bakersfield, California, held on the 4th day of Novembe~ 1980, was received and ordered placed on file. Bakersfield, California, December 10, 1980 - Page 34 11l Adoption of Resolution No. 76-80 of the Council of the City of Bakers- field declaring the results of Canvass of Returns in the General Municipal Election for the Office of Mayor held on the 4th day of November, 1980. This resolution accepts the Canvass of Election Returns of the General Municipal Election as certified by the County Clerk. It declares that Mary K. Shell was elected to the Office of Mayor of the City of Bakersfield for the full term of four years. Upon a motion by Councilman Christensen, Resolution No. 76-80 of the Council of the City of Bakersfield declaring the results of Canvass of Returns in the General Municipal Election for the Office of Mayor held on the 4th day of November, 1980, was adopted by the following roll call vote: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Ayes: Noes: None Absent: None Approval of Amendment to Agreement No. 80-84 with William L. Main, Inc., dba Security Transport, regarding Air Transport Services for prisoners. The original agreement with Security Transport did not address responsibility for arranging for medical care of prisoners in need of immediate medical care. This amendment is consistent with the consideration of potential liability as addressed in California Government Code Section 845.6. Upon a motion by Councilman Payne, Amendment to Agreement No. 80-84 with William L. Main, Inc., dba Security Transport, regarding Air Transport Services for prisoners, was approved and the Mayor was authorized to execute same. Bakersfield, California, December 10, 1980 - Page 35 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:10 P.M. ATTEST: CITY an x Officio Clerk of the Council of the City of BakerSfield, California ma Bakersfield, California, December 17, 1980 113 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 17, 1980. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and a minute of silent prayel.. The City Clerk called the roll as follows: Mayor Hart (seated at 8:15 P.M.). Councilmen Means, Present: Miller, Payne, Absent: None Ratty, Strong, Barton, Christensen CORRESPONDENCE Upon a motion by Councilman Payne, communication from Julie Nieto, Julie's Coiffures, 403 South Chester Avenue, dated December 5, 1980, expressing support of the Downtown Shopping Mall, was received and ordered placed on file. Upon a motion by Councilman Miller, communication from Jill Haddad, 2501 Crest Drive, dated December 15, 1980, submitting her resignation from the Planning Commission, was received, Mrs. Haddad's resignation was accepted and the Mayor was requested to send a letter of appreciation for her years of service to the City of Bakersfield. COUNCIL STATEMENTS Councilman Ratty, in reference to a memorandum from Director of Fire & Development Services Needham regarding Council Review of Municipal Energy Services (MES) and the Municipal Energy Department (MED) Organizational and Implementation Plan, dated December 12, 1980, read the following prepared statement: In a few moments I will ask, once again, this Council to reject the ill-conceived solar strategy contained in the documents dated September 19, 1980. Since the September 24th Council Meeting, when I voted for the defeat of these measures, I have continued to voice my concern. I am compelled, once again, to point out that this blueprint calls for government structures controlling solar development and service in 114 Bakersfield, California, December 17, 1980 - Page 2 this City. Task sections of these documents call for the C.E.T.A. Office to supply a work force to this City. The new C.E.T.A. govern- ment employees would manufacture solar hot water heaters in a 10,000 square foot manu- facturing plant. 20,000 square feet would be provided for warehousing. Additional govern- ment bureaucracy would sell solar equipment, develop projects, study and implement plans. C.E.T.A. employees would be trained to come to your home to repair the equipment they built, and this is just the tip o£ the iceberg. Further there is, at best, only luke warm support for this strategy from the private sector. In short, this entire concept is designed to create a vast City government bureaucracy. I am proud of this City's development, our pro- gress and the dedication of our qualified employees, but I do oppose this concept of government programs run by government employees to gain government control of the private sector. The basic structure of these plans cannot be altered. No amount of additional information, public hearings or time can ever make this attack on our American Free Enterprise System acceptable to me. I reject these proposed structures and the philospohies behind them, while at the same time I strongly endorse cost-effective solar development and energy conservation in our economy. Mr. Mayor, I move to reject the entire strategies for MES and MED as set forth in the documents of September 19, 1980 and terminate the Joint Powers Agreement with the California Solar Utility Development Authority. Councilman Payne, speaking in support of Councilman Ratty's motion, stated the Cali£ornia Solar Utility Development Authority's recommendations are twofold. First they recommend the formation of a Municipal Energy Department (MED). This would be nothing more than another governmental entity that would duplicate services now being performed by both the Community Development Program and the Agricultural Water Division. At this time the program would merely add another layer of bureaucracy to the government we already have and it is ill-conceived and inappropriate. The second phase, Municipal Energy Services (MES), is "designed to attack consumer resistance to solar technology." Obviously, we Bakersfield, California, December 17, 1980 - Page 3 115 are all aware of the benefits of solar technology and support any program that is beneficial. MES, at this particular time, is not cost-effective or beneficial. It is proposed as a possible non- governmental entity, but it is indicated in the proposal that it could go either way. Approval of these programs would authorize local government to further intervene into our private lives. While doing so, both the economic and technical risks would be the taxpayers burden. MES would play a major role in both the develop- ment and commercialization of alternate and solar energy sources. City government should not involve itself in issues that are currently being adequately taken care of by private enterprise. MED would be a self-contained agency with a Board of Directors, provide a manufacturing function, provide systems for distribution to the local installers and, again, this should be a private enterprise function. Someday these programs may be needed, but action supporting implementation now is ill-conceived, inappropriate and an unnecessary burden to the taxpayers. Although the Council is not in possession of the final documents, at this time, it is my understanding that the basic scheme and intent of the final document will be the same as the rough draft. Energy, next to the economy, is probably the greatest concern of the people of this nation. I am totally in favor of any program that will allow this country to seek alternative energy sources and conserve energy use, only if the programs are both cost-effective and voluntary. I totally oppose any mandated programs. I do not see the need for government to force more control, for our own good, down our throats. These programs are neither cost-effective nor voluntary, nor is it being administered by the private sector. Councilman Means stated this item was not on tonight's agenda, no one's support is being requested tonight. This came before the Council previously and they had a number of concerns and those concerns are being addressed by the staff. Staff may Bakersfield, California, December 17, 1980 - Page 4 find the proposals are not cost-effective. The report may recom- mend that the items not be approved. It was not scheduled to be brought up until January, when the final report is finished. It is inappropriate, since the final report has not been seen, to make a decision at this time. Councilman Strong stated he does not have any feelings on this matter one way or the other, but felt it is premature to vote on it tonight, because he would like an opportunity to look at and consider the final document as an agenda item. Councilman Christensen stated he would also like to take a second look at this document before a decision is made. After discussion, Councilman Ratty's motion to reject the entire Strategies for Municipal Energy Service and Municipal Energy Department, as set forth in the documents of September 19, 1980, and the Joint Powers Agreement with the California Solar Utility Development Authority be terminated, was approved by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Barton Noes: Councilmen Means, Strong, Christensen Absent: None Councilman Christensen commented on an article that appeared in the Bakersfield Californian entitled "Eleven Filed for Council Race." Councilman Strong stated it has been called to the Council's attention that City Manager Bergen's termination is effective December 27, 1980 and the next Council Meeting is January 5, 1981, which would leave the City without a City Manager for several days. Upon a motion by Councilman Strong, Assistant City Manager-Finance Philip Kelmar was appointed Acting City Manager effective December 28, 1980, by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Noes: None Absent: None Christensen Bakersfield, California, December 17, 1980 - Page 5 117 Councilman Strong stated he intends to make a motion at the meeting of January 5, 1981, to reappoint William H. McCullough to the Police Department Civil Service Board. Councilman Miller requested comments from the City Manager regarding two letters that were included in the Council packets addressed to Mr. Thomas Schreiber. City Manager Bergen stated he could not begin to repeat all the discussion on the telephone with the City's consultants. The memorandum that was attached with the two letters is fairly self-explanatory. The consultants are preparing an analysis and Mr. Needham is gathering all of the letters and plat, which will be furnished to Councilmen and Redevelopment Agency members as soon as available. This information will be available well before any hearing is held by the City Council after results of the UDAG application are known. REPORTS Councilman Payne, member of the Governmental Efficiency and Personnel Committee, read Report No. 11-80 regarding Manage- ment and Confidential Unit Salary Study, as follows: During the 1980-81 budget deliberations the City Manager presented information to the Council regarding his recommendations for salary adjustments for Management employees. According to this information there were certain positions that trail comparable cities throughout the State and the County of Kern by 15% to 35%. At that time the Council decided not to make any inequity adjustments, however, they did recommend that an outside independent Management and Confidential Unit Salary Study be conducted during the 1980-81 fiscal year. Based on the Council's action on this matter, the Governmental Efficiency and Personnel Committee has interviewed representatives of Ralph Anderson and Associates and William Hamilton and Associates. Both of these firms have submitted written proposals, which we feel cover the Council's concerns in setting salary levels. After careful consideration of both firms, the Governmental Efficiency and Personnel Committee is recommending that the Council enter into an agreement with Ralph Anderson and Associates for the following: 118 Bakersfield, Cali£ornia, December 17, 1980 - Page 6 A review and analysis of the City's existing salary practices for Management and Confidential Unit employees including a review of: a) Current salary range assignments b) Job duties and responsibilities c) Internal compensation relationships A comprehensive analysis of both the base salary and range benefit survey data, and the recommended assignment of each classi- fication to an appropriate salary range based on such factors as: a) Labor market information b) Internal relationships c) Level and difficulty of work assigned A comprehensive review of current Management compensation practices leading to the development of a performance based compen- sation system. This will provide an incentive for individual achievement and improve the City's ability to recognize outstanding employee performance. The total cost for this survey is $14,700 plus reimbursement for out-of-pocket expenses such as travel, printing, and telephone costs. Monies have been set aside in the budget for this purpose. In order to effectuate this study, we recommend Council approval of this report, authorize the Mayor to enter into an agreement with Ralph Anderson and Associates for this study, and approval of the attached revised job specifi- cations which have been updated to clearly indicate the duties and responsibilities of some of the Management classifications which will be studied. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 11-80 regarding Management and Confidential Unit Salary Study, was accepted; Agreement with Ralph Anderson and Associates for the Study of the Management and Con- fidential Unit, was approved and the Mayor was authorized to execute same; revised job specifications which have been updated to clearly indicate the duties and responsibilities of some Management classifications that will be studied, were approved; and payment of amount specified is to be a separate Agenda Item. Councilman Means voted in the negative on this motion. Bakersfield, California, December 17, 1980 - Page 7 119 Director of Fire & Development Services Needham reported on a Resolution of Intent to Issue Housing Bonds, as follows BACKGROUND On August 27, 1980 Budget Review and Finance Committee report Number 12-80 regarding home mortgage revenue bonds was approved by the City Council. It authorized staff to contract with a nationally recognized firm to conduct a housing feasibility study to determine: l) market conditions; 2) capacity of local financial institutions for mortgage originations; and 3) the size of bond issue which the first two items could support. The consultants' findings, contained in a November 7, 1980 report distributed to Council, were that sufficient market demand and absorption exist in Bakersfield to support a $5,000,000 home mortgage revenue bond issue. DISCUSSION In the process of finalizing the report, staff also was obtaining information relating to the actual issuance of housing bonds. One item directly affecting these bonds is the status of Federal legislation relating to sales price and other limitations. On April 25, 1979, HR 5741 (Ullman) was introduced with such limitations with a provision that jurisdictions which had passed a resolution of intent to sell bonds prior to that date had certain exemptions. However, HR 5741 did not pass and Representative Ullman was defeated in November. Despite that defeat, it is anticipated that similar legislation will be introduced in the new Congressional session. It is the opinion of staff, based on information from bond counsel, that if the City Council approved the resolution included in this week's packet prior to December 31, 1980 that the City may be eligible for certain exemptions if it decides to issue housing bonds in the future. The resolution does not require the City to issue such bonds, but would place it in a more favorable position regarding any Federal legislation introduced in the next session of Congress. CONCLUSION Based on trends in the housing market, new home construction is slowing and mortgage funds be- coming more scarce. Since a mechanism exists for the City of Bakersfield to ease this con- dition somewhat locally through the home mortgage revenue bond process, it is recommended that the City Council approve a resolution of intent to issue such bonds. Upon a motion by Councilman Strong, report from the Director of Fire & Development Services regarding Resolution of 120 Bakersfield, California, December 17, 1980 - Page 8 Intent to Issue Housing Bonds, was accepted. Adoption of Resolution No. 77-80 of the City Council of the City of Bakersfield providing for the issuance of Bonds to finance the acquisition, construction or rehabilitation of Housing in the City. Upon a motion by Councilman Strong, Resolution No. 77-80 of the City Council of the City of Bakersfield providing for the issuance of Bonds to finance the acquisition, construction or rehabilitation of Housing in the City, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Ratty, Strong, Barton, Christensen Noes: None Absent: Councilman Payne CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3620 to 4025, inclusive, in the amount of $411,688.09. (b) Claim for Damages from Phyllis K. Roberson, 3883 Union Avenue, Apt. 8, Bakersfield. (Refer to City Attorney) (¢) Claim for Damages and Personal Injuries from Daisy Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) (d) Claim for Damages and Personal Injuries from Darlene Lynn Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) (e) Claim for Damages and Personal Injuries from Douglas Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) (f) Claim for Damages and Personal Injuries from Franklin Don Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) (g) Claim for Damages and Personal Injuries from Phyllis Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) (h) Claim for Damages and Personal Injuries from Robert Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) Bakersfield, California, December 17, 1980 - Page 9 12l (i) (J) (k) (i) (m) (n) (o) (P) (q) (r) Claim for Damages and Personal Injuries from Ronnie Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Sam Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Yolanda Norwood, 2006 Lotus Lane, Bakersfield. (Refer to City Attorney) Claim for Damages from Cheatam C. Thomas, 911 Hacienda Drive, Bakersfield. (Refer to City Attorney) Grant Deed and Sump Access Easement from H-Bar Development Company, Inc., for a Stormwater Retention Basin, located 1,000 feet north of Panama Lane and 1,300 feet east of South "H" Street. Street Right-of-Way Deed from Jamieson- Hill, a General Partnership, for a portion of Pacheco Road west of Union Avenue and for extension of Lois Lane to Union Avenue. Sewer Line Easement from Jamieson-Hill, a General Partnership, for development at the southwest corner of Pacheco Road and Union Avenue. Improvement Agreement for Parcel Map No. 5700 with Tenneco Realty Development Corporation for construction of improve- ments therein, located east of Gosford Road between Stockdale Highway and West- field Road. Plans and Specifications for construction of a Sanitary Sewer for the South Wing Addition to the Bakersfield City Hall. Notice of Completion and Acceptance of Work on installation of a 12 inch diameter pipeline at the intersection of New Stine Road and Stockdale Highway, Contract No. 80-136 with W. M. Lyles Company. (s) Notices of Completion and Acceptance of Work for: Parcel Map No. 5055, Contract No. 80-06 with Regional Mortgage Company, located at the northwest corner of South Chester Avenue and Planz Road. Civic Auditorium Service Door, Contract No. 80-145 with Charles H. Miller. Castle Park Security Lighting, Contract No. 80-118 with Del Mar Electric. Con- tract completion date for this project was October 8, 1980. The Public Works Department recommends a 56 day extension of time due to delays in delivery of light poles. .'122 Bakersfield, California, December 17, 1980 - Page l0 (t) Supplemental Agreement to Master Agreement for Federal Aid Program No. 06-5109, for FAU Project M-F 245(1) on Planz Road, between South "H" Street and South Chester Avenue. (u) Deleted to be considered separately. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), Noes: Absent: (q), (r), following roll call vote: Ayes: Councilmen Means, Miller, Christensen None None (u) (s) and (t) of the Consent Calendar, were adopted by the Payne, Ratty, Strong, Barton, Motor Vehicle Lease between the City of Bakersfield and Bakersfield Firemen's Association permitting the use and main- tenance of a 1927 American LaFrance Antique Fire Engine with liability and property insurance being provided by the lessee. Upon a motion by Councilman Barton, Motor Vehicle Lease between the City of Bakersfield and Bakersfield Firemen's Associa- tion permitting the use and maintenance of a 1927 American LaFrance Antique Fire Engine with liability and property insurance being provided by the lessee, was received and referred to the Budget Review and Finance Committee for study and recommendation. ACTION ON BIDS Upon a motion by Councilman Means, low bid of San Joaquin Construction for reconstruction of the Palm Street Sewer between Myrtle Street and Pine Streets, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of GCA Drilling for installation of a 12 inch pipeline across Farmer's Canal and a 6 inch meter for Tract No. 3827 Unit "A", was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, all bids for construc- tion of the Alum Avenue Storm Drain were rejected and the staff was authorized to re-evaluate the project and readvertise for bids. Bakersfield, California, December 17, 1980 - Page ll DEFERRED BUSINESS Adoption of Ordinance No. 2614 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 northeast corner of Gosford Road and White Lane. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited MultiDle Family Dwelling - Architectural Design) and a C-2-D (Commercial Architectural Design) Zones. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2614 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 northeast corner of Gosford Road and White Lane, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None Adoption of Ordinance No. 2615 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the north- east corner of Oswell Street and Bernard Street; approving the Pre- liminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Philip M. Girard for Guarantee Savings and Loan Association and would change subject property from a P.C.D. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone. Upon a motion by Councilman Miller, Negative Declaration and Ordinance No. 2615 New Series of the Council of the City of 124 Bakersfield, California, December 17, 1980 - Page Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northeast corner of Oswell Street and Bernard Street, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None NEW BUSINESS Adoption of Resolution No. 78-80 of the Council of the City of Bakers- field agreeing, upon execution of a mutually acceptable contract, to accept a Federal Grant for planning efficient utilization of twenty-eight hundred acre recharge site. This resolution constitutes agreement in principle to accept proposed Federal Grant to plan the efficient use of the City's 2800 acre ground water recharge site; actual acceptance conditioned upon negotiation of mutually acceptable contract. Upon a motion by Councilman Barton, Resolution No. 78-8G, of the Council of the City of Bakersfield agreeing, upon execution of a mutually acceptable contract, to accept a Federal Grant for planning efficient utilization of twenty-eight hundred acre recharge site, was adopted by the following roll call vote: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Ayes: Noes: Absent: None None Adoption of Resolution No. 79-80 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 248, LAFCO Pro- ceeding No. 657 (Municipal Farm No. 3 - Bear Mountain Recreation and Park District Detachment "A"). Bakers£ield, California, December 17, 1980 - Page 13 125 The Bear Mountain Recreation and Park District Detachme~t relating to Annexation No. 248 cannot be finalized until there is a negotiated exchange of Property Tax Revenues between the County a~d City. The County has agreed, by resolution, to the exchange of Property Tax Revenues and the detachment will be completed upon the City's acceptance of the exhcange as provided in this resolution. Upon a motion by Councilman Ratty, Resolution No. 79-80 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. 248, LAFCO Proceeding No. 657 (Munici- pal Farm No. 3 - Bear Mountain Recreation and Park District Detachment "A"), was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: Councilman Means Adoption of Resolution No. 80-80 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 250 (Kern River No. 6 - North Bakers- field Recreation and Park District Detachment "C"). The North Bakersfield Recreation and Park District Detachment relating to Annexation No. 250 cannot be finalized until there is a negotiated exchange of Property Tax Revenues between the City and County. The County has agreed, by resolution, to the exchange of Property Tax Revenues and the detachment will be completed upon the City's acceptance of the exchange as provided in this resolution. Upon a motion by Councilman Christensen, Resolution No. 80-80 of the Council of the City of Bakersfield providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 250, LAFCO Proceeding No. 678 Bakersfield, California, December 17, 1980 - Page 14 (Kern River No. 6 - North Bakersfield Recreation and Park District: Detachment "C"), was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: Councilman Means Adoption of Resolution No. 81-80 of the Council of the City of Bakers- field certifying that it has reviewed and considered the information con- tained in the Environmental Impact Report for the West Bakersfield Sewer Study, prepared for Kern County Council of Governments as Lead Agency, prior to approving interim facility improvements at Wastewater Treatment Plant No. 3 and main intersector thereto, and adopting said Study and EIR. This resolution accepts and adopts Kern COG's West Bakersfield Sewer Study and EIR and certifies that information contained in the EIR has been considered prior to approving specified projects. Upon a motion by Councilman Payne, Resolution No. 81-80 of the Council of the City of Bakersfield certifying that it has reviewed and considered the information contained in the Environ- mental Impact Report for the West Bakersfield Sewer Study, prepared for Kern County Council of Governments as Lead Agency, prior to approving interim facility improvements at Wastewater Treatment Plant No. 3 and main interceptor thereto, and adopting said Study and EIR, was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: Councilman Means Approval of Agreement with California Housing Finance Agency (CHFA) for participation in the Home Ownership Home Improvement (HOHI) Loan Program including the Rental Housing Program. The California Housing Finance Agency requires City of Bakersfield submit the Local that the Government Agreement if the Bakersfield, California, December 17, 1980 - Page 15 127 City wishes to continue participation in the Home Ownership Home I~provement (HOHI) Program. The basic program provides low- interest loans for new construction and rehabilitation of single- family dwellings, with a Rental Housing Program option for construction of multi-family (1 to 4 unit) dwellings. This year's allocation for the City is $1.3 million. Upon a motion by Councilman Payne, Agreement with California Housing Finance Agency (CHFA) for participation in the Home Ownership Home Improvement (HOHI) Loan Program including the Rental Housing Progra~ was approved and the Mayor was authorized to execute same. Approval of Amendment to Escrow Instruction on Contract No. 80-106 with Tenneco Realty Development Corporation for purchase of domestic water well and well-site within the Ashe Water System. The purchase of the property was previously approved by the City Council. This amendment to the original escrow will substitute a legal description of the property in lieu of a parcel map. It will also postpone landscaping so that the well site will blend in with adjacent developments. The original purchase price is not altered by this amendment. Upon a motion by Councilman Payne, Amendment to Escrow Instruction on Contract No. 80-106 with Tenneco Realty Development Corporation for purchase of domestic water well and well-site within the Ashe Water System, was approved and the Mayor was authorized to execute same. Deferral of Certification of Negative Declaration No. 1237 for Multimodal Transit Terminal in Downtown Bakers- field. Upon a motion by Councilman Barton, at the suggestion of staff, Certification of Negative Declaration No. 1237 for Multimodal Transit Terminal in Downtown Bakersfield, was deferred until the Council Meeting of January 5, 1981. 128 Bakersfield, California, December 17, 1980 - Page 16 Appointment of Frank Fabbri as City's representative for State Bond Act. With the passage of Proposition 1 Park Funds will be available to cities, however, it will be necessary to designate a Coordinator for the City of Bakersfield. Upon a motion by Councilman Ratty, Frank Fabbri, Parks Superintendent, was appointed as the City's representative for the State Bond Act. Acceptance of Truck donated by Pacific Motor Transport Company to the Police Department. Pacific Motor Transport Company has indicated they will donate a truck to the Police Department at no cost to the City. The only requirement is that the City accept the truck this year. Upon a motion by Councilman Payne, truck donated to the Police Department by Pacific Motor Transport Company, was accepted. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:50 P.M. -~~Bakersfield, Calif. ATTEST: CITY/~LERK and Ex OffiCio Clerk of the Council of the City of BakerWield, California ma