Loading...
HomeMy WebLinkAboutAPR - JUNE 1979Bakersfield, California, April 4, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 4, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen None Minutes of the regular meeting of March 28, approved as presented. 1979 were adopt an the City because many people are allergic to their sting. City Attorney Hoagland stated that at the present time an Animal Ordinance is being drafted and the matter of Beehives has been discussed. Hopefully, in two weeks he will be able to make a report on this matter. Councilman Ratty stated an ordinance of this type should be a coordinated effort between the City and County because of the erratic boundaries of the City. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Carpenter, Kuhn & Williams, Certified Public Accountants, dated March 22, 1979, requesting that they be considered for the annual audit of the City of Bakersfield and Redevelopment Agency for fiscal year ending June 30, 1979, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Christensen, communication from Warner Cable Corporation, dated March 29, 1979, applying for a franchise from the City of Bakersfield, was received and referred SCHEDULED PUBLIC STATEMENTS Inez Goodrich, 3518 Soranno Avenue, requested the Council ordinance that would prohibit the keeping of Bees in 4'2 Bakersfield, California, April 4, 1979 - Page 2 to staff for a report on steps necessary to grant a franchise as requested. Upon a motion by Councilman Barton, communication from Therese M. Quarles, dated April 2, 1979, requesting an amendment to the General Plan for commercial zoning located at Panama Lane near Wible Road, was received and referred to the Planning Com- mission for study and recommendation. COUNCIL STATEMENTS Upon a motion by Councilman Miller, continued public hearing before the Council on an Appeal by Moreland Engineering, Inc., acting on behalf of Highlands Real Estate Corporation, to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, affecting those certain properties in the City of Bakersfield commonly known as 3100 and 3200 Blocks of La Costa Street (odd only), was deferred until the Council Meeting of May 2, 1979. Councilman Strong stated the California Avenue Park Neighborhood Facility Citizens Advisory Committee is minus several members due to resignations, etc., and he would urge that those appointments be made. Mayor Hart requested that Auditorium Manager Graviss find out which Councilmen have an appointment to make and report back next week. Upon a motion by Councilman Strong, Councilman John M. Means was appointed as the Council's representative on the Kern County Council of Governments (KERNCOG), by the call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, following roll Strong, Barton, Noes: None Absent: None Christensen Bakersfield, California, April 4, 1979 - Page 3 43 Councilman Barton stated the Council received a memo in their packets regarding a Charter Review Advisory Commission. This Commission would review the City Charter with the goal of recom- mending to the Council changes that would make the Charter a document fitting with present times and the direction of the City. The Commission should be comprised of fifteen members with con- sideration given to appointing as wide a representation of citizens as possible. Each Councilman will appoint two members and the Mayor appoint one member to this Commission. The Commission should be appointed and active by May 15, 1979, so there will be sufficient time to make recommendations to the Council for presentation to the voters of the City for the June, 1980 primary election. City Attorney Hoagland stated that the persons who serve on the Charter Review Advisory Commission must be residents of the City. Upon a motion by Councilman Miller, the 15 member Charter Review Advisory Commission established on April 25, 1977, was abolished. Councilman Barton made a motion that the Council establish a 15 member Charter Review Advisory Commission (2 appointed by each Councilman and i appointed by the Mayor), with the understanding that the Mayor call the first meeting by May 15, 1979. This motion was unanimously approved. Mayor Hart stated he has been requested to ask the Council for adoption of a resolution supporting continuation of AMTRAK service for the San Joaquin Valley Route due to increased cost of petroleum products and limited air service in and out of Bakersfield. Upon a motion by Councilman Means, the Mayor was requested to send a letter to the Director of the State Department of Trans- portation and Congressman William M. Thomas expressing the Council's support of continuing AMTRAK service to the Bakersfield and Wasco areas. Bakersfield, California, April 4, 1979 - Page 4 REPORTS Councilman Ratty, Chairman Relations Committee, read Report No. of the Intergovernmental 2-79 regarding Financial Support with County of Kern to Retain United Airlines Service, as follows: The Intergovernmental Relations Committee, upon request of the Council, met last week to discuss the possibilities of the City contrib- uting financial support to the County of Kern in an effort to retain United Airlines service between Bakersfield and San Francisco. Based on information provided through the City Attorney and the County Counsel, this Committee is of the opinion that the City should demon- strate our concern over the withdrawal of service by sharing financially on a proportionate basis with the County of Kern in this effort. Legal counsel in Washington, D.C. has been retained by the County to represent the County and City in this matter. While the cost is unknown, it is estimated that it could be around $25,000 or more. We are recommending Council approval for the City to pay twenty percent (20%) of the cost, up to $5,000. If the total cost for the City and County should run over $25,000, then the Council would re- evaluate any further City contributions. Councilman Miller stated this area needs air service, but he could not see why a County or City government would want to fight private enterprise by placing additional regulations on the airlines. He also stated he had discussed this with attorneys and persons who have knowledge as to what C.A.B. appeals cost and the total expenditure may be around $100,000-$120,000. The County will probably come back to the Council at a later date and request additional funds. It might be better to spend the $5,000 looking for other airlines. The regulations are now in the airlines favor and this joint venture will probably not be successful. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 2-79 regarding Financial Support with County of Kern to Retain United Airlines Service, was accepted; and recommendation that the City pay twenty percent (20%) of the cost, up to $5,000, to retain legal counsel in Washington, D.C., Bakersfield, California, April 4, 1979 - Page 5 with the understanding that if the total cost for the City and County should run over $25,000 the Council would then re-evaluate further City contributions, was approved by the following roll call vote: Ayes: Noes: Councilmen Means, Payne, Ratty, Strong, Barton, Christensen Councilman Miller Absent: None City Manager Bergen read a report regarding State Park Funds Application (SB174), as follows: In 1976, the State approved the Urban Open Space and Recreation Program (SB174). This program is a three-year program designed to provide grants to cities, counties and park and recreation districts for the acquisition and development of park and recreation areas within the more heavily populated areas of the State. Factors such as population density, income rate and unemployment rate must be considered in selecting projects. It is a matching program whereby the State provides 75% and the applicant 25%. The City of Bakersfield has applied for and received funds for the past two years under this program. The City's allocation £or the 1978-79 fiscal year is $28,435. Previously, the proposed projects were approved by the Council as part of the Capital Improvement Program during annual budget hearings in June. However, the state has now indicated appli- cations for the 1978-79 a~location must be submitted by May l, 1979. Attachment #1 of this report indicates the recommendations for the use of these funds. It is therefore requested the Council take the following actions: (1) Authorize the staff to apply for these funds as outlined in Attachment #1 and approve the attached resolution (Attach- ment #2) authorizing this application. (2) The City's share of these improvements in the amount of $9,480 be included in the 1979-80 Capital Improvement Budget. Councilman Strong asked if staff recommendations could be substituted if the Council decided something else was needed. Director of Public Works Hawley stated there is no problem amending the application prior to May 1st, however, after that Bakersfield, California, April 4, 1979 - Page 6 date it would be necessary to go back to the State for approval of amendments. Upon a motion by Councilman Strong, report from the City Manager regarding State Park Funds Application (SBi?4), was accepted; and recommendations as outlined in the report, were approved. Adoption of Resolution No. 30-79 of the Counci~ of the City of Bakers- field approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Jefferson, California Avenue, Saunders, Central, Beale, Wayside and Planz Parks. Upon a motion by Councilman Strong, Resolution No. 30-79 of the Council of the City of Bakersfield approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recrea- tion Program for improvements at Jefferson, California Avenue, Saunders, Central, Beale, Wayside and Planz Parks, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4638 to 4763, inclusive, in the amount of $723,306.91. (b) Claim for Damages from G. Neil Farr, 3021 Maywood Drive, Bakersfield. (Refer to City Attorney) (c) Street Right-of-Way Deed from Carley C. Long and Thomas M. Goblirsch, et al, providing additional 25 foot right-of- way as required for Parcel i of Parcel Map No. 4905, located on northwest corner of Wible Road and White Lane. (d) Map of Tract No. 4007 and Improvement Agreement with Community Construction, Inc., for construction of improvements therein - located south of Pacheco Road, west of Monitor Street. Bakersfield, California, April 4, 1979 - Page (e) Application for Encroachment Permit from Jeffrey S. Klein Co., 1477 East Shaw Avenue, Suite 126, Fresno, California, for construction of new building facings to encroach 6" into the right-of-way at the northwest corner of Chester Avenue and 17th Street. Councilman Means requested that Item (b) of the Consent Calendar be considered separately. Upon a motion by Councilman Miller, Items (a), (c), (d) and (e) 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 Councilman Means asked for more detailed information on Item (b) of the Consent Calendar. City Attorney Hoagland stated it is alleged the Sanitation Department dropped glass in the roadway and Mr. Farr ran over it ruining a tire. Mr. Fart is asking damages for the replacement of the tire in the amount of $60.00 and $40.00 for time spent changing it. Upon a motion by Councilman Means, Item (b) of the Consent Calendar, was adopted by the following roll call vote: Ayes: Councilmen Means, ~iller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Ratty, bid of Valley Tree and Construction for demolition and removal of Transonic Building, near the Civic Auditorium, and the former Haberfelde Ford Service Building, contract. was accepted and the Mayor was authorized to execute the granted to the Purchasing Division of Upon a motion by Councilman Means, authorization was the Finance Department to Bakersfield, California, April 4, 1979 - Page 8 enter into Discount Agreements with Boise Cascade for miscellaneous office supplies, Motorola for radio repair parts and Cal-Auto Store for auto parts. DEFERRED BUSINESS Authorization granted for payment to Granite Construction Company, in the amount of $5,642.00, for paving of Akers Road between White Lane and Southern Pacific Railroad. Granite Construction Company requested $14,246.40 for paving Akers Road. The City Attorney combined this request with a suit which had been filed by Granite Construction Company and reached a settlement whereby the City would pay $5,642.00 for the paving of Akers Road. Upon a motion by Councilman Barton, payment to Granite Construction Company, in the amount of $5,642.00, for paving of Akers Road between White Lane and Southern Pacific Railroad, was authorized. Adoption of Ordinance No. 2490 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Real No. Annexation. This ordinance zones upon annexation that certain property in the County of Kern a majority of which is located from the west side of Real Road to Oak Street, and between Palm Street and Chester Lane, to an R-1 (One Family Dwelling), R-2-D (Limited Multiple Family Dwelling - Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design) and C-2-D (Com- mercial - Architectural Design) Zones. Upon a motion by Councilman Means, Negative Declaration and Ordinance No. 2490 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Real No. 1 Annexation, £inding said zonings Bakersfield, California, April 4, 1979 - Page 9 4,9 consistent with the General Paln, 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. 2491 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 south- east corner of Stine Road and Planz Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Robert N. Eddy and would change subject property from an "A" (Agricultural) Zone to a P.C.D. (Planned Commercial Development) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2491 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 southeast corner of Stine Road and Planz Road, 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 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman r sen, the meeting was adjourned at 8:50 P.M. MAyO~~e~Ci! of · Bakersfield ' ~v~xu~ ~]~ y , Callf ATTEST: /~ ITY~Y~Y~~/K~and~io Clerk of the Council of the City of Bikersfield, California ma 5O Bakersfield, California, April 10, 1979 Minutes of a Joint Workshop Session the City of Bakersfield and the held in the Council Chambers of 1979. Present: Absent: follows: Present: Absent: Session: of the Council of Bakersfield Redevelopment Agency, City Hall at 7:04 P.M., April 10, The meeting was called to order by Mayor Hart. The City Clerk called the roll of the Council as follows: Mayor Hart. Councilmen Barton (seated at 7:09 P.M.), Christensen, Means, Miller, Payne, Ratty (seated at 7:30 P.M.), Strong None The Agency Secretary called the roll of the Agency as Agency Members Casper, Foth, King, Lewis, Poehner, Puder Agency Member Mooneyham The following persons participated in the Workshop Carl Danielson, Guay & Danielson (Hotel) Dan Donahue, President of John S. Griffith & Company (Shopping Center) Harry Tow, Quad Consultants (Parking) Gene Jacobs, Special Counsel of Redevelopment Agency Cal Hollis, Financial Consultant of Redevelop- ment Agency (See minutes of Redevelopment Agency for details ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the Workshop Session was adjourned at 8:56 P.M. of Workshop Session) ATTEST: ~ ./~ CITY CLER~.~and Ex-Officio/ Clerk of the Council of the Cfty of Bakersfie.]~d, California Calif. ma Bakersfield, California, April ll, 1979 51 Minutes of a regular meeting of the Council of the City o£ Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April ll, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Mr. Richard Farmer member o~ the High Council of the Church of Jesus Christ of Latter- Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Miller, Payne, Ratty, Strong, Absent: Barton, Christensen, Means None Minutes of the regular meeting of April 4, 1979 were approved as corrected. SCHEDULED PUBLIC STATEMENTS Mr. Jeffrey Garchow, 222 Olive Street, stated at last week's Council Meeting someone requested that the City adopt an ordinance prohibiting the keeping of Beehives in the City and he would like to present some facts on this matter that most people are not aware of. Bees cannot be bound to one certain area be- cause they have a range of up to 12 miles. All Bees are closely regulated by State law, must be registered with the County Agricultural Commissioner's Office and are inspected and treated with antibiotics for diseases. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from William H. McCullough, dated November 27, 1978, resigning from the California Avenue Park Neighborhood Facility Citizens Advisory Committee, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Union Oil Company of California, Real Estate Division, dated April 6, 1979, regarding Notice of Intent to Acquire by Eminent Domain property for the extension of Truxtun Avenue, was received and referred to the City Attorney. 5'2 Bakersfield, California, April ll, 1979 - Page 2 Upon a motion by Councilman Barton, communication from John J. Fortenberry, dated April 4, 1979, resigning from the California Avenue Park Neighborhood Facility Citizens Advisory Committee, was received and ordered placed on file. Upon a motion by Councilman Christensen, from State Senator Walter W. Stiern, dated April 4, the City's opposition to a change in the territorial rating system for motor vehicle insurance rates, was received and ordered placed on file. Upon a motion by Councilman Means, communication from Elmer Fox, Westheimer & Co., Certified Public Accountants, dated April 9, 1979, requesting that their firm be considered for award of contract to audit the records and accounts of the City for year ending June 30, 1979, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Barton, communication from Eugene C. Oldershaw, resigning from the Fire Department Civil Service Board, was received, ordered placed on file and the Mayor was requested to send a letter of appreciation for his many years of service to the City. REPORTS Councilman Barton, Chairman of the Bakersfield Water Board, read a report regarding Agricultural Water Enterprise Operating and Capital Outlay Budget for Fiscal Year 1979-80, as follows: For your review and consideration please find attached the Agricultural Water Enterprise Operating and Capital Outlay Budget for fiscal year 1979/80. Attached to the Agricultural Water Budget are summaries explaining the major item changes from the previous fiscal year. These budget items were approved by the Water Board on March 28, 1979 and are scheduled to appear on the agenda for Council action on April 18, 1979. Upon a motion by Councilman Barton, report regarding Agricultural Water Enterprise Operating and Capital Outlay Budget for Fiscal Year 1979-80, was accepted. communication 1979, regarding 53 Bakersfield, Cali£ornia, April ll, 1979- Page 3 Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 1-79 regarding Recreation Budget for 1979-80 Fisca~ Year, as follows: The City Council's Auditorium-Recreation Com- mittee met to review the proposed Recreation Budget for the 1979-80 fiscal year. A copy of the proposed budget is attached. The budget is submitted annually prior to the regular budget hearings in order that recruitment of personnel for the summer programs can begin immediately. The Recreation Budget is divided into five sub- programs i.e., major activity areas, which are aquatics, sports, parks and playgrounds, and the California Avenue Park Neighborhood Facility. The proposed budget totals $508,475 which reflects an increase of $29,325, or 6% above the approved budget for 1978-79. The following is a summary of the major changes in the proposed budget of each sub-program compared with that adopted for 1978-79. Aquatics The proposed Aquatics Budget which totals $102,290 is up $4,090. There are no proposed changes in this program from last year. The budget increase results primarily from a request of $4,200 to purchase new coin slots and tokens for the swimming pool turnstiles. This request represents the most inexpensive alternative to alter the turnstiles to imple- ment the $.50 charge previously approved by the Council. This alternative will also eliminate the necessity of future turnstile changes if the charges were ever changed in the future. The remaining accounts in this budget reflect a $110 decrease. Sports The proposed sports budget which totals $111,385 is up $9,795. The major program change, which results in no additional cost, is to extend the adult softball program an additional two months and split the teams into a spring and summer league to be able to maintain the present number of teams without the use of the County diamonds. This was necessitated by the imple- mentation of a charge for the diamonds by the County which would have resulted in the City having to increase team entry fees. The increase in the sports budget results from a rate increase in the team and individual participants insurance charged by the Player Medical Benefit Fund and budgeting for the rental costs for the use of high school gymnasiums for the adult and junior high Bakersfield, California, April ll, 1979 - Page 4 and elementary basketball program. All the increases in the insurance and gym rental costs for the adult basketball program are recovered from participants and 50% is recovered from the junior high and elementary basketball program. Parks and Playgrounds The proposed Parks and Playgrounds Budget which totals $~01,280 is up $5,435. This in- crease results from instituting summer programs in three new City parks - Kroll, Grissom and Quailwood and also at Castle School. In addition, two after-school playground programs are proposed to be added to the Panama School District Program, 50% of the cost being paid for by the District, however, this change is subject to agreement by the District. The budget also contains an increase of $500 in the contract with the American Federation of Musicians for the summer band concerts at Beale Park. It has been over ten years since there was an increase in the contract amount. California Avenue Park Neighborhood Facility The California Avenue Park Neighborhood Facility Budget which totals $193,520 is up $10,005. A number of program changes for next year are proposed, however, the formation of an adult basketball league is the only one that will result in increased costs, $1,890, but these costs will be recovered from team entry fees. Less attended programs will be dropped and the formation of a summer youth basketball league, Thursday twilight swimming and tennis instruc- tions will be substituted. The major increase in the budget is $6,500 for gas utility costs. This results from an anti- cipated rate increase. The major portion of this is utilized to heat the swimming pool in the park in the spring months when used by the high school district and the City is reimbursed by the school. The Committee also discussed a restructuring of the team entry fees for the adult softball and basketball programs. The regularCity entry fees are $400 for basketball and $300 for soft- ball. It is proposed for this program the basketball fee be $150 and $175 for softball. The difference in fees being the lower cost to operate these programs, i.e., no additional supervisory help necessary and no gymnasium rental costs as the facility has its own gymnasium. In conclusion, this Committee concurs with the recommendations discussed above and recommends adoption of the proposed Recreation Budget for the 1979-80 fiscal year. Bakers£ield, California, April 11, 1979 - Page 55 Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 1-79 regarding Recreation Budget for Fiscal Year 1979-80, was accepted; and Recreation Budget for Fiscal Year 1979-80, was approved. Councilman Means stated that during the Auditorium- Recreation Committee meeting he requested the Recreation Department to make a proposal for utilizing CETA personnel. Councilman Means then requested that the staff conduct a study on utilizing CETA personnel and come back to the Council with recommendations. City Attorney Hoagland read a report regarding Request for Franchise by Warner Cable Corporation, as follows: By letter dated March 29, 1979, Warner Cable Corporation applied for a franchise to operate in the City as it now exists and may exist in the future. The granting of a franchise is governed by the City Charter Section 115 et seq. Section ll8 provides that before granting a franchise, the City Council shal~ pass a resolution declaring its intention to grant a franchise and setting forth the terms and conditions upon which it is proposed to be granted. The terms and conditions of the £ranchise in- clude, among other things, the duration of the franchise, the level of service, the amount of payment to the City for the privilege of the franchise and such matters as the amount of bonds required by the City. As a policy matter, the City Council should determine what fee to charge for the franchise. The City is presently being paid 3% of the gross revenues by Bakersfield Cable Company. Warner presently pays 2% of the gross for those areas being served in the City. Neither Warner nor Bakersfield Cable pays any percentage fees for their Box Office channels. The duration of the franchise is an area the City Council should address. It might also be that the Council would want to consider the responsibility of the cable company to serve anyone who requests service in the City and under what circumstances such service might be excused. A hearing is held not earlier than twenty or more than sixty days after passage of the resolution. Following the hearing, an ordi- nance is passed granting the franchise unless the Council denies the application. 56 Bakersfield, California, April ll, 1979 - Page 6 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 Miller, request for Franchise from Warner Cable Corporation was referred to the Business Develop- ment and Parking Committee for study and recommendation of a proposed resolution granting the Franchise and also for a recom- mendation, at the time the resolution is presented to the Council, regarding the policy matter outlined in the report. CONSENT CALENDAR The following items were listed on the Consent Calendar (a) Allowance of Claims Nos. 4764 to 4841, inclusive, in the amount of $328,133.99. (b) Petition to file Late Claim for Damages from Yvonne Tannehill, 403 Locust, Oildale. (Refer to City Attorney) (c) Claim for Damages from Susan Whaley, 2708 Sunset Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Damages and Personal Injuries from Jessie C. Franco, 601 - 30th Street, Bakersfield. (Refer to City Attorney) (e) Drainage Sump Flowage and Access Easement from Regional Mortgage Company as required for Parcel Map No. 5055. (f) Map of Tract No. 4017 and Improvement Agreement with Regional Mortgage Company for construction of improvements therein - located along the north side of Planz Road and west of South Chester Avenue. (g) Notices of Completion and Acceptance of Work for: Tract No. 3795A, Contract No. 77-125 with Valley View Development Company, located at College Avenue and Vyn Drive. Parcel Map No. 4205, Contract No. 78-8 with Gannon Enterprises, located at San Dimas and 40th Streets. Additions to the Corporation Yard, Con- tract No. 78-107 with Charles H. Miller. The Public Works Department recommends a 40 day extension of time due to delays in equipment delivery. 57 Bakersfield, California, April ll, 1979- Page ? (h) Application for Encroachment Permit from William H. Gannon, 3316 Covina Street, Bakersfield, for construction of a 6 foot chain link fence at back of sidewalk on Fulton Street at the southwest corner of Covina Street and Fulton Street. Application for Encroachment Permit from Panama Union School District, 5721 Sundale Avenue, Suite 101, Bakersfield, for construction of a 6 foot fence, 6 foot behind face of curb on Westholme Boulevard and Courtleigh Drive at O. J. Actis Junior High School. (J) Application for Encroachment Permit from Ray Byers, 3808 Harris Road, Bakersfield, for construction of 6 foot h~gh sideyard fences along back of sidewalk for all lots along Marin Street in Tract No. 3905. The Public Works Department recommends approval subject to the following condi- tions: Fence be located 1 foot behind back of sidewalk. 2. 4" thick concrete be installed in 1 foot strip between sidewalk and fence. (k) Application for Encroachment Permit from Ruby Lawton, 917 Monterey Street, Bakers- field, for construction of 5 foot high block wall at back of sidewalk at 917 Monterey Street. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Strong, low bid of Granite Construction Company for reconstruction of South King Street, was accepted, all other bids rejected and the Mayor was authorized to execute same. Bakersfield, California, April 11, 1979 - Page 8 NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of West Half Moon Drive and Ashe Road. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1-CH (One Family Dwelling - Church), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of West Half Moon Drive and Ashe Road. Approval of Budget Transfer from the Council Contingency Account to the Equipment Maintenance Account in the amount of $156,000. The funds budgeted in Equipment Maintenance to purchase materials and services are nearing depletion. The Equip- fuels, ment Superintendent requests a transfer of $156,000 into these accounts for the remainder of this fiscal year. These increases are due to prices escalating more than what was anticipated when the budget requests were prepared a year ago. Additional funds required are: $106,000 for fuel and lubricants (Account No. 11-452-1400), $23,000 for equipment parts (Account No. 11-452-1500), $17,000 for tires and tubes (Account No. 11-452-1600) and $10,000 for outside repairs (Account No. 11-452-3900). Upon a motion by Councilman Ratty, Budget Transfer from the Council Contingency Account to the Equipment Maintenance Account in the amount of $156,000, was approved. 59 Bakersfield, California, April 11, 1979 - Page 9 Approval of Lease Agreement between the City and Brandon-Robison Broad- casting Company, DBA Radio Station KERN, for a portion of the Municipal Farm for a radio station transmission tower. Upon a motion by Councilman Christensen, Lease Agreement between the City and Brandon-Robeson Broadcasting Company, DBA Radio Station KERN, for a portion of the Municipal Farm for a radio station transmission tower located immediately south of Freeway 58, ½ mile east of Mt. Vernon Avenue, was approved and the Mayor was authorized to execute same. Approval of Plans and Specifications for construction of the South Wing Addition to City Hall and Finance Operations Manager authorized to advertise for bids. This project is budgeted in the current fiscal year. The Addition consists of a basement and two floors and will provide space for the Public Works and Development Services Departments. This project is funded with Revenue Sharing funds and the estimated cost is $2,250,000. Upon a motion by Councilman Payne, Plans and Specifica- tions for construction of the South Wing Addition to City Hall, was approved and the Finance Operations Manager was authorized to advertise for bids. Deferral of action on Application by Burger King Restaurant for a 60 foot high sign near the northwest corner of State Highway 178 (24th Street) and Pierce Road. This request includes a double-faced 16' x 16' identifi- cation sign at the top of the pole and a double-faced 2'-8" x 16'-0" directional sign at a lower elevation on the same pole. Both signs will have interior illumination. The Sign Ordinance requires City Council review of all signs which exceed 50 feet in height. The Council approved a 70 foot high sign for the adjacent property within the past year. 6O Bakersfield, California, April ll, 1979 - Page 10 Councilman Ratty asked if the applicant would object to lowering the sign from 60 feet to 50 feet and reducing the size to less than 300 square feet. Upon a motion by Councilman Miller, action on application by Burger King Restaurant for a 60 foot high sign near the north- west corner of State Highway 178 (24th Street) and Pierce Road, was deferred until the Council Meeting of April 18, 1979, in order to provide time for each member of the Council to visit the site before making a decision, by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property within terri- tory designated as "Pacheco No. 9," 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 216 + acres of land located in the vicinity of Pacheco Road and South "H" Street. Upon a motion by Councilman Barton, public hearing be£ore the Council £or hearing protests by persons owning real property within territory designated as "Pacheco No. 9," proposed to be annexed to the City of Bakersfield, was continued until the Council Meeting of April 25, Ayes: Councilmen Noes: None 1979, by the following roll call vote: Miller, Payne, Ratty, Strong, Barton, Christensen, Means Absent: None 61 Bakersfield, California, April ll, 1979 - Page ll ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:45 P.M. ~r~ old the Cit~ of Bakersfield, Calif. ATTEST: CITY CLE~ and ExLOffici~ Clerk of the Council of the City of Bakersfi~id, California ma 6'2 Bakersfield, California, April 18, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 18, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Payne, Ratty, Strong, Means, Miller Absent: Councilman Barton Minutes of the workshop regular meeting of April ll, 1979, Christensen, session of April 10, 1979 and were approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Southern California Edison Company, dated April 10, 1979, regarding Parcel Map No. 5381, was received and referred to the Planning Department. Upon a motion by Councilman Christensen, communication from the California Civil War Skirmishers Association, dated April 12, 1979, regarding a request to use City-owned land for their first official event, was received and referred to the Water Board for appropriate action. Mr. Gil Cola, representing the Kern County Solar Energy Industries Association in conjunction with the Kern Solar Energy Society, presented correspondence requesting Council endorsement of the Kern Energy Fair to be held May 18 and 19, 1979, at Bakersfield Junior College. Upon a motion by Councilman Means, Council endorsement of the Kern Energy Fair to be held May 18 and 19, 1979, at Bakers- field Junior College, was approved. COUNCIL STATEMENTS Councilman Christensen announced that he appointed Mrs. Judy Garrett, 2631 Sunset Avenue, and Mr. Avery Allen, 1316 Radcliffe Avenue, to the Charter Review Advisory Commission. 63 Bakersfield, California, April 18, 1979 - Page 2 Councilman Miller announced that he appointed Mrs. Jill Haddad, 2501 Crest Drive, and Mr. Herbert Clancy, 3808 Panorama Drive, to the Charter Review and Advisory Commission. Adoption of Resolution No. 31-79 of the Council of the City of Bakers- field supporting observance of May 3, 1979, as the Second Annual Sun Day. Upon a motion by Councilman Means, Resolution No. 31-79 of the Council of the City of Bakersfield supporting observance of May 3, 1979, as the Second Annual Sun Day, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton Councilman Miller made a motion be reappointed to the Planning Commission April 17, 1983. Councilman Payne stated that since the three appointments on the Planning Commission just expired yesterday, and in order to give the Council time to consider nominees, he would offer a substitute motion that this matter be held over until next week's Council ~eeting. Councilman Ratty stated that he supports the substitute motion, however, he would like to inform the Council that he intends to nominate Mr. Joe H. Davis for reappointment. Councilman Payne's substitute motion that action on the three appointments to the Planning Commission be held over until the Council Meeting of April 25, 1979, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmen Payne, Councilman Miller Councilman Barton Ratty, Strong, Christensen, Means that Mr. Timothy J. Banks for a 4 year term expiring 64 Bakersfield, California, April 18, 1979 - Page 3 REPORTS Upon a motion by Councilman Payne, Annual Report for 1978 of the Miscellaneous, Fire and Police Civil Service Boards, was received and ordered placed on file. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 4-79 regarding Proposed Reorganization of Department of Fire and Development Services, as follows: Due to recent increased activities in this City's Community Development and Redevelopment Programs, the Governmental Efficiency and Personnel Committee has reviewed next year's Federal Grant Application and we are of the opinion that staffing in this area must be increased to keep up with this growth. The City currently has three full-time professional employees working these programs and it has proven to be impossible to keep up with present activities let alone future planning and implementation. The Governmental Efficiency and Personnel Committee has therefore instructed the staff to study the various needs of the Community Development and Redevelopment sections of the City and present a workable plan. The attached proposed reorganization is the result of this study. This Committee has reviewed the staff's proposal and after several changes we are recommending the following: Approval of the attached Proposed Reorgani- zation of the Fire and Development Services Department. A new classification of Development Services Co-ordinator at a monthly salary range of $1933 to $2334, placed in the Management Unit. A monthly salary adjustment from $1891- $2282 to $1933-$2334 for the Community Development and Housing Co-ordinator. 4o One new position of Principal Planner and effective the first pay period in June lower the present monthly salary for this position from $1843-$2246 to $1763-$2126 and place this classification in the Supervisory Unit rather than the Management Unit. A new classification of Rehabilitation Specialist at a monthly salary range of $1335 to $1663, placed in the White Colar Unit. Bakersfield, California, April 18, 1979 - Page 4 65 One new position of Planning Technician at a monthly salary range of $1158 to $1407, placed in the White Collar Unit. Transfer one Clerk-Steno II from the City Manager's Office to the Fire and Develop- ment Services Department. Eliminate one vacant position of Assistant City Manager at an annual savings of $40,000. As listed on the attached proposed reorganiza- tion, the total costs for these changes is $98,116. Of this amount $47,413 will be paid out of Community Development funds and approximately 80% of the remaining costs will be paid for through Redevelopment Agency reimbursements. With the $40,000 savings by eliminating the vacant Assistant City Manager position, the City will realize an approximate savings of $29,859 in its general funds. In order to effectuate this reorganization, the Governmental Efficiency and Personnel Committee is recommending Council approval of this report, approval of the attached job specifications and approval of the attached changes in the Salary Resolution. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 4-79 regarding Proposed Reorgani- zation of Department of Fire and Development Services, was accepted; and recommendations as outlined in the report, were approved. Adoption of Resolution No. 32-79 of the Council of the City of Bakers- field amending Resolution No. 70-78, setting salaries and related benefits for officers and employees of the City of Bakersfield. Upon a motion by Councilman Strong, Resolution No. 32-79 of the Council of the City of Bakersfield amending Resolution No. 70-78, setting salaries and related benefits for officers and employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton Director of Public Works Hawley read a report regarding Grant Conditions for the Southeast Bakersfield Wastewater Treatment 66 Bakersfield, California, April 18, 1979 - Page 5 Plant Expansion, as follows: As requested by Councilman Miller, each Council- man received in their packets copies of the Grant Conditions on the Wastewater Treatment Plant modification and expansion project now under construction. This project is being funded with State and Federal funds, therefore, agreements have been entered into with both agencies. The Grant Agreements were subject to applicable U. S. EPA and State regulations which were in effect when the agreements were signed in March of 1977. The general conditions require the project to meet the Environmental Protection Agency regulations, Federal Water Pollution Control Act, State Water Quality Control regulations and to also meet normal auditing and reporting procedures. In addition to the genera~ conditions, there are specia~ conditions on the Bakersfield project. These special conditions include requirements on: sewer use ordinance, user charges, monitoring pro- gram, air quality analysis, and interagency service agreements. We have contacted the State Division of Water Quality to see if current interpretation of the Water Pollution Control Act would permit changing or deleting any of the special condi- tions. Councilman Ratty asked if it is still true that ad valorem taxes cannot pay the user fees to operate the plant. City Manager Bergen stated the staff is evaluating recent changes in regulations and will report to the Council by the time the budget is presented. However, it is not certain whether they will change the contract. At the time the ordinance was adopted there was a specific comment made by the Council that they would want to look at the fees very carefully. Upon a motion by Councilman Miller, report from the Director of Public Works regarding Grant Conditions for the South- east Bakersfield Wastewater Treatment Plant Expansion, was received and ordered placed on file. City Attorney Hoagland recapped a report to the Council which suggested four possible alternatives to the problem of Bee- keeping within the City. Bakersfield, California, April 18, 1979 - Page 6 67 Councilman Ratty made a motion that the Council adopt Option No. 4 from the City Attorney's report regarding Beekeeping Within City, which states: Option (4) The City take no action. At the present time there are neither controls for, nor prohibition of, beekeeping within the City. Exercise of this option depends on the deter- mination of the Council that no showing has been made to warrant either prohibition or control of beekeeping with the City. This option has the advantage of saving staff time in the implementation of an ordinance and enforcement program both for the present and the future. This option has the disadvantage of possible hazard to residents resulting from aggressive or swarming bees within the City. (The possibility of liability upon the City itself is remote because your decision is a legisla- tive one.) Councilman Miller offered a substitute motion that the City Attorney's report suggesting alternatives to the problem of Beekeeping within the City be referred to the Intergovernmental Relations Committee for a joint study with the County and recom- mendation back to the Council. Councilman Means stated there is probably some prudence to referring this matter to a committee. It seems like a simple matter although there are ramifications. He would like to see the Council or delaying No. 4. come up with directions now, instead of passing it on it. Councilman Means also stated he supports Option Councilman Miller's substitute motion that the City Attorney's report suggesting alternatives to the problem of Bee- keeping within the City be referred to the Intergovernmental Relations Committee for a joint study with the County and recom- mendations back to the Council, was approved by the following roll call vote: Ayes: Councilmen Payne, Strong, Christensen, Miller Noes: Councilmen Ratty, Means Absent: Councilman Barton Bakersfield, California, April 18, 1979 - Page 7 The (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 4842 to 4993, inclusive, in the amount of $218,475.92. Application to Present Late Claim for Damages from Claudia Rae Blodget, P.O. Box 66, Bakersfield. (Refer to City Attorney) Claim for Damages from Steve Casey, 2218 "E" Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Automobile Club of Southern California on behalf of John C. Stauffer, 2904 Wilson Road, Bakers- field. (Refer to City Attorney) Map of Tract No. 3978, Units 1, 2 and 3, and Improvement Agreement with The Development Group, Inc., for construction of improvements therein - located south of Bernard Street and west of Oswell Street. Revised Map of Tract No. 4069 modifying the cul-de-sac on Kristina Court and being developed by Challenge Builders, Inc. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3927, located at Akers Road and Alum Avenue, Contract No. 77-167 with Ravenscroft and Lick. Application for Encroachment Permit from James B. Zahud, 905 San Carlos Way, for construction of a 4 foot maximum height ornamental block wall 4 foot behind back of sidewalk at the southwest corner of Dos Rios Way and San Carlos Way. Application for Encroachment Permit from Frank Valenzuela, 5712 Appletree Lane, for construction of an 18" high brick planter at back of sidewalk at 5712 Apple- tree Lane. The Public Works Department recommends approval of the application subject to mailbox being relocated to provide the 4 foot minimum sidewalk clearance. Plans and Specifications for construction of street and drainage improvements within the Homaker Park Area, bounded by 34th Street, Union Avenue, Southern Pacific Railroad and Chester Avenue. Plans and Specifications for canopy for covered parking area of the City Corpora- tion Yard. Bakersfield, California, April 18, 1979 - Page 8 (1) Contract Change Order No. 1 to Contract No. 79-40 with Charles I. Cunningham for construction of Wheelchair Ramps in Down- town and Civic Center Areas. This Change Order deletes the ramps originally pro- posed at two Chester Avenue corners and adds a reinforced concrete replacement at one of the locations for a net increase of $175.00. Upon a motion by Councilman Miller, Items (a), (b), (d), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller (c), Noes: None Absent: Councilman Barton ACTION ON BIDS Upon a motion by Councilman Ratty, low bids of Miracle Recreation (10 items) and Moore Recreation and Park Equipment (7 items) for Swingsets, Animals and Benches, were accepted and all other bids rejected. Upon a motion by Councilman Means, low bids of Miracle Recreation (5 items) and Moore Recreation and Park Equipment (9 items) for Picnic Tables, Slides and Playground Equipment, were accepted. Upon a motion by Councilman Strong, low bid of Granite Construction Company for Asphalt Concrete Surfacing on various streets in the Mayflower Addition, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2492 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- west corner of Ming Avenue and New Stine Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. This ordinance was given first reading at the meeting of December 20, 1978, and referred back to the Planning Commission at :7O Bakersfield, California, April 18, 1979 - Page the meeting of January 24, 1979, for further study and recommenda-- tion back to the Council. Prior to setting new hearings and environmental review the applicant withdrew the request for the major market leaving the application identical to that originally transmitted to the Council. That recommendation is unchanged. Action on this ordinance was deferred from the Council Meeting of March 28, 1979, in order to allow residents and developer more time to study the matter and reach an agreement. A letter from Linda Ann Frick expressing opposition to this zone change was presented to the Council at the meeting of March 28, 1979. Mayor Hart stated that due to a real or imaginary con- flict of interest he would not participate in this matter and in the absence of Vice-Mayor Barton he yielded the chair to senior Councilman Strong. Councilman Strong declared the meeting open for public participation. Mr. Peter Carton, representing a majority of the home- owners in the area surrounding the proposed zone change, stated that if the nine conditions Councilman Payne is going to recom- mend are included in the ordinance that almost all the residents of the area will support the zone change. Linda Ann Frick, resident of the area, spoke in opposition to the proposed zone change and requested that each Councilman be individually satisfied that all the questions on the development have been thoroughly answered before action is taken. Mrs. Frick proposed that the Council create an Architectural Review Commission to advise on the development of this type of property and older property being redeveloped. She requested that the wall that will face her property be architectually sensitive to the surrounding area; and that plans for the wall and landscaping, surrounding the development, be submitted and approved by the Council, Planning Bakersfield, California, April 1979 - Page Commission and 3 members of the Village Green Association. She also requested that none of the trees on Kirkside Drive be removed. Mr. Howard Bell, resident of Kirkside Drive, spoke in opposition to this zone change and requested that the Council defer action on the ordinance until such time as a proper study had been made and verify the items that were promised by the developer. Councilman Strong closed the public portion o£ this discussion for Council deliberation and action. Councilman Payne read the proposed conditions that were agreed to by the developer and residents for the commercial development of property located on the northwest corner of Ming Avenue and New Stine Road, as follows: Commencing at the point labeled "A" on the map attached hereto and running continuously to points "B", "C" and "D" the Developer/ Applicant shall cause to be built a six foot slumpstone wall in the same design and construction as shown in the August, 1978, detailed drawing submitted to the Planning Commission. The wall between points "A" and "B", and from "B" to "C" shall have a minimum height o£ six feet from the highest point on the apartment site. The wall between points "C" and "D" shall be constructed at ground level which is the higher of: (a) the grade immediately southerly or easterly of the wall; or (b) the existing curb on Kirkside Drive. Landscaping along Kirkside Drive will be maintained by the Developer/Applicant in accordance with City requirements. All trees will be evergreen and will have a minimum height of 10 feet. Cypress Point Drive will not be opened east of Kirkside Drive. Developer/Appli- cant to seek permit from First Baptist Church authorizing closing of the wall (re£erred to in "1" above) on Church land northerly of point "D". 4. Restrictions of Use of the Property: The property shall not be used for any of the purposes listed below. Persons Bakersfield, California, April 18, 1979 - Page ll objecting to a proposed use may seek clari- fication of the terms used below by applying to the Planning Commission for review: Prohibited uses: (a) Theaters (b) Supermarket (c) Grocery Store (d) Restaurant with drive-through facilities (e) Apartments (f) Retail food establishments which sell prepared food "to go" commonly referred to as "Fast Food" stores (g) Retail food and sundries stores, such as 7-11 stores (h) Businesses which cater to amusements for children Developer/Applicant to refrain from con- struction of a bell tower. Developer/ Applicant shall limit the height of buildings to one story for commercial retail and two stories for commercial office. Planning Commission and City Council approval will be needed prior to any opening of the wall on Kirkside Drive between points "B" and "D". Developer/Applicant to support any proposal to limit parking on Kirkside Drive. o Final building inspections necessary for completion for the buildings to be con- structed on the project site shall not take place until such time that the wall, as required by item #1, has been completed bordering that project for which inspection is required. 9. No access to commercial site from Kirkside Drive, including construction access. Director of Planning Sceales answered the questions that were contained in two letters from Linda Ann Frick, dated March 23 and 28, 1979. Mr. Jim Camp, developer, stated that the construction of the wall bordering the homes on Westholme Boulevard and apartments on Kirkside Drive will be started within the next 30 days. The wall on Kirkside Drive along the shopping center will be erected during the construction period. A fence bordering the project will be erected during construction to eliminate vehicular and pedestrian access. Bakersfield, California, April 18, 1979 - Page 73 Councilman Payne stated that he would contact the Chief of Police and Traffic Authority to assure that the north side of Kirkside Drive from Weyburn Way to 5600 Kirkside Drive is posted as a "No Parking" zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2492 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 northwest corner of Ming Avenue and New Stine Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, with the inclusion of the nine conditions as previously stated by Councilman Payne, were adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton Adoption of Ordinance No. 2493 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of West Hal£ Moon Drive and Ashe Road. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-1-CH (One Family Dwelling - Church) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2493 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of West Half Moon Drive and Ashe Road, finding said zoning consistent with the General Plan, were Bakersfield, California, April 18, 1979 - Page 13 adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Miller Christensen, Means, Noes: None Absent: Councilman Barton Approval of Application by Burger King Restaurant for a 60 foot high sign near the northwest corner of State Highway 178 (24th Street) and Pierce Road. This request includes a double-faced 16' x 16' identifi- cation sign at the top of the pole and a double-faced 2'-8" x 16'-0" directional sign at a lower elevation on the same pole. Both signs will have interior illumination. The Sign Ordinance requires City Council review of all signs which exceed 50 feet in height. The Council approved a 70 foot high sign for the adjacen~ property within the past year. Action on this item was held over from the Council Meeting of April ll, 1979, in order to provide time for each Councilman to visit the site before making a decision. Mr. Howard Friedman, Heath and Company, 3225 Lacey Street, Los Angeles, explained the criteria used in designing the sign for Burger King Restaurant. Upon a motion by Councilman Strong, application by Burger King Restaurant for a 60 foot high sign near the northwest corner of State Highway 178 (24th Street) and Pierce Road, was approved by the following roll call vote: Ayes: Noes: Councilmen Payne, Ratty, Strong, Christensen, Miller, Councilman Means Absent: Councilman Barton NEW BUSINESS Adoption of Resolution No. 33-79 of the Council of the City of Bakers- field accepting Art Collection from Mary Churchmore Bultman of Balboa of the Canal Zone, and authorizing the Mayor to execute a Power of Attorney. Bakersfield, California, April 18, 1979 - Page 14 This is an acceptance of a gi£t from Mary Churchmore Bultman, of the Cana~ Zone, of objects o£ Art for display at the Cunningham Art Gallery. Assistant City Manager-Finance Kelmar stated, in answer to a question by Councilman Miller, that the City's present insurance coverage would not provide coverage for this type of item. If the City wishes coverage a special type of insurance would have to be obtained. City Manager Bergen stated that there could be an addi- tional cost for a proper display area at Cunningham Art Gallery for these items. Mr. Richard Leask, member of the Bakersfield Art Com- mission, stated the Art Commission had not anticipated bearing the expense of the insurance for this collection. Items in the Cunningham Art Gallery, at the present time, only have vandalism coverage because they have not been able to obtain other types of insurance. As City property other coverage will be available, but it is not available to the Art Commission. Upon a motion by Councilman Christensen, Resolution No. 33-79 of the Council of the City of Bakersfield accepting Art Collection from Mary Churchmore Bultman of Balboa o£ the Canal Zone, and authorizing the Mayor to execute a Power of Attorney for the entry of the merchandise from the Canal Zone and to attest that the merchandise will be used for public display and will neither be sold nor disposed of contrary to law, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton Councilman Ratty requested that the sta£f investigate the insurance problem and report back to the Council. 76 Bakersfield, California, April 18, 1979 - Page 15 Approval of request for street name change from Arlana Street to Chester W. Nimitz Street. At the March 21, 1979, Planning Commission meeting a request from Golden Empire Development Company to change a street name within Tract No. 4117 from Arlana Street to Chester W. Nimitz Street was considered and approved for recommendation to the City Council. The two tracts involved are owned by two parties only, and each is in agreement. Former Councilman Walter F. Heisey stated the developers of this tract felt they would like to carry out the theme of Admiralty Square and honor naval heros of World War II by naming the streets after them. Upon a motion by Councilman Ratty, request for street name change from Arlana Street to Chester W. Nimitz Street, was approved and the City Attorney was instructed to prepare the necessary documents, by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton Approval of 1979-80 Agricultural Water Enterprise Operating and Capital Out- lay Budget. This budget was approved by the Water Board on March 28, 1979, and submitted to the Council at the meeting of April 11, 1979,, for consideration. Upon a motion by Councilman Ratty, 1979-80 Agricultural Water Enterprise Operating and Capital Outlay Budget, was approved by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton Bakersfield, California, April 18, 1979 - Page 16 Deferral of request to declare a portion of a park site as surplus property. During January, 1977, the City acquired a 15 acre park site located on the south side of University Avenue between Camden Street and La Costa Street and sold a less desirable site on Auburn Street at Eissler Street. Since the acquisition was made, a deter.- mination has been made that the size of the site exceeds the needs for a park at this location. The Planning Commission has reviewed and approved a proposal to sell the easterly 3.5 acres of the site. Upon a motion by Councilman Miller, request to declare 3.5 acres of a 15 acre park site, located on the south side of University Avenue between Camden Street and La Costa Street, as surplus property, was deferred until such time as the Council approves a Parks Policy that will be submitted by the Planning Commission in the near future. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 9:55 P.M. Calif. ATTEST: ~ ~'- Council CITY CL~and~ficio Clerk of the of the City of Bakersfield, California ma 78 Bakersfield, California, April 25, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 25, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. Present: Absent: Minutes of the regular meeting of April approved as presented. SCHEDULED PUBLIC STATEMENTS The City Clerk called the roll as follows: Mayor Hart. Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne None 18, 1979 were Mrs. Anne Monroe, 3991 Marella Way, read an article from the Kern Herald written by Reverend William A. Few entitled "Its Time to Wake Up," that requested the Council and Board of Super- visors pass legislation to clean-up the pornographic mateyials being sold from adult bookstores on 19th Street. Joann Wright and Jeanette Loeffler, 2716 Lake Street, representing Care Home Operators in the State of California, requested that changes be made in zoning policies that would legally allow licensed large family care homes for the rehabili- tation of mentally ill persons. Mr. Scott Shipp, Director of the local State Department of Mental Health Office of Continuing Care, stated his agency is responsible for approximately 300 mentally ill persons in Kern County who live in board and care facilities and due to recent legislation this number will probably increase. Mr. Shipp requested that the Council consider zoning variances that would allow more large family care homes in this area. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Southern California Edison Company, dated April 18, 1979, Bakersfield, California, April 25, 1979 - Page 2 79 regarding Parcel Map No. 5476, was received and referred to the Planning Department. Upon a motion by Councilman Barton, communication from the Greater Bakersfield Chamber of Commerce, dated April 23, 1979, regarding Master Traffic Plan for Greater Bakersfield, was received and ordered placed on file. Mr. Gene Steed, Attorney and member of the Chamber of Commerce's Governmental Affairs Committee, stated they would be available to meet with the Council, Board of Supervisors and KERNCOG to discuss ideas for a Master Traffic Plan £or the Bakers- field area. Principal Planner Mel Tooker stated the staff is aware that the Traf£ic Circulation Element needs to be updated. Approxi- mately two months ago the City Public Works Department and Planning Department contacted the County Planning Director and KERNCOG to formulate a request for a proposal. This request for a proposal has been reviewed several times by the Technical Advisory Committee (TAC). It is now at KERNCOG and should be put out for bid this week and finished by the end of this year. COUNCIL STATEMENTS Councilman Means nominated Stephanie L. McCormick, 5401 Lennox Street, #70-H, for appointment to the Planning Commission Councilman Ratty nominated Joe H. Davis, 2825 Truxtun Avenue, for reappointment to the Planning Commission. Councilman Miller nominated Timothy J. Banks, 315 East 18th Street, for reappointment to the Planning Commission. Councilman Christensen nominated Benjamin D. Phipps, 2436 Alder Street, for appointment to the Planning Commission. Councilman Strong nominated Mary L. Jones, 331 - 18th Street, £or appointment to the Planning Commission. Upon a motion by Councilman Strong, nominations for the three appointments to the Planning Commission were closed. 8O Bakersfield, California, April 25, 1979 - Page 3 Councilman Strong made a motion that the nominations for the three Planning Commission appointments be voted upon in the order in which they were nominated by a roll call vote. This motion was unanimously approved. Councilman Means' nomination of Stephanie L. McCormick, 5401 Lennox Street, #70-H, for appointment to the Planning Com- mission, term expiring April 17, 1983, was approved by the roll Ayes: Noes: Absent: call vote: Councilmen Ratty, Payne Councilman Miller None following Truxtun Avenue, expiring April vote: Ayes: Noes: Absent: Strong, Barton, Christensen, Means, Councilman Ratty's nomination o£ Joe H. Davis, 2825 for reappointment to the Planning Commission, term 17, 1983, failed to carry by the following roll cal~[ Councilmen Ratty, Miller, Payne Councilmen Strong, Barton, Christensen, Means None Councilman Miller's nomination of Timothy J. East 18th Street, term expiring April 17, 1983, roll call vote: Ayes: Councilman Miller Noes: Councilmen Ratty, Payne Banks, 315 Absent: for reappointment to the P~hning Commission, failed to carry by the following Strong, Barton, Christensen, Means, None Councilman Christensen's nomination of Benjamin D. 2436 Alder Street, expiring April 17, vote: Ayes: Noes: Phipps, for appointment to the Planning Commission, term 1983, was approved by the following roll call Councilmen Strong, Barton, Christensen, Means, Payne Councilmen Ratty, Miller Absent: None Bakersfield, California, April 25, 1979 - Page 4 Councilman Strong's nomination of Mary L. Jones, 331 - 18th Street, for appointment to the Planning Commission, term expiring April 17, 1983, was approved by the following roll call vote: Ayes: Noes: Absent: Benjamin D. Phipps and ~ary L. on the Planning Commission for 1983. Councilmen Ratty, Strong, Barton, Means, Miller, Payne Councilman Christensen None Mayor Hart announced that Stephanie L. McCormick, Jones have been appointed to serve a 4 year term expiring April 17, Upon a motion by Councilman Ratty, the Mayor was requested to send a letter of appreciation ~o Dr. James L. Frederickson, Joe H. Davis and Timothy J. Banks for their many years of service on the Planning Commission. Councilman Ratty stated that due to the problems formu- lating next year's budget and in order to have a clear understandi~g of that budget, he would make a motion that the Budget Review and Finance Committee's meetings regarding the 1979-80 Fiscal Year Budget and the Business Development and Parking Committee's meetings regarding Parking be opened to the public so other members of the Council can attend. Assistant City Attorney Oberholzer stated if more than three Councilmen are present at a meeting it would constitute a quorum and notice would have to be given calling a special meeting. Councilman Ratty stated that it was his intent that the open meetings of the two committees be noticed as special meetings. After a lengthy discussion regarding the committee system, Councilmen, who are not members, attending committee meetings and possible violations of the Brown Act, Councilman Strong offered a substitute motion that Assistant City Attorney Oberholzer pursue this subject, in detail, and report back to the Council next week. The substitute motion was approved with Councilman Means voting in the negative. Bakersfield, California, April 25, 1979 - Page 5 Councilman Barton announced that he appointed Mr. Alan Klein, 2715 Crest Drive, and Mr. Paul G. Busacca, 3100 Amber Court, to the Charter Review and Advisory Commission. Mayor Hart requested that the Council keep in mind that there is a vacancy on the Fire Department Civil Service Board, created by the resignation of Eugene Oldershaw. First reading of an Ordinance of the Council of the City of Bakersfield deleting Chapter 1.86 (Housing Advisory Finance and Appeals Board) and amending Section 13.04.120 con- cerning the powers and duties of the Board of Building Appeals. Councilman Christensen stated that he has been informed by Building Director Bidwell that the Housing Advisory Finance and Appeals Board has outlived its purpose and could be eliminated since its functions have been absorbed by the Board of Building Appeals. Director of Fire & Development Services Needham stated the Housing Advisory Finance and Appeals Board originally had two major functions which could be given to the Building Appeals Board: 1. Appeals for persons who applied for Community Development Block Grant rehabilitation loans and for one reason or another were turned down. 2. Problems by persons with the Redevelopment Agency's relocation process. Upon a motion by Councilman Christensen, first reading was considered given an Ordinance of the Council of the City of Bakersfield deleting Chapter 1.86 (Housing Advisory Finance and Appeals Board) and amending Section 13.04.120 concerning the powers and duties of the Board of Building Appeals, by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Bakersfield, California, April 25, 1979 - Page 6 Councilman Payne announced that he appointed Mr. David W. Schieber, 2624 18th Street, and Mr. James Michael Parks, 4401 Christmas Tree Lane, to the Charter Review and Advisory Commission. Councilman Barton announced that a tentative date of May 17, 1979, for a Workshop Session with the Planning Commission has been discussed and if that date meets with everyone's approval it can be confirmed at next week's Council Meeting. Councilman Ratty announced that he appointed Mr. Clarence Westra, 913 Nimrod Court, Commission. Apt. C, to the Charter Review and Advisory REPORTS Assistant City Attorney Oberholzer reported that the Washington, D.C. Attorney, retained in conjunction with the County Counsel, will file a 40 page petition tomorrow, April 26, 1979, with the Civil Aeronautics Board regarding United Airlines' pull- out. Basically the petition present two points that pertain to air transportation needs of the City. If the C.A.B. fails to find, at this time, that the essential air transportation needs for the City of Bakersfield will be deprived, then they must prohibit any suspension or reduction of service by United Airlines. The alter- native presented in the petition to the C.A.B. is that they may make an interim or final determination of the essential air transportation needs. If they find that the present level meets the air transportation needs of the City of Bakersfield then the C.A.B. must require the present carrier, United Airlines, to continue service in Bakersfield for 30 day interim periods. This will continue until such time as a replacement carrier can be found. Ultimately the whole issue is going to be a factual determination of what the essential air transportation needs of Bakersfield are and that will come from input through the petition and community. The Attorney they have expressed an tatives of Bakersfield. in Washington has talked to the C.A.B. and interest in having a meeting with represen- The C.A.B. would prefer to have the meeting Bakersfield, California, April 25, 1979 - Page in Washington, D.C., however, the Attorney feels they should come to Bakersfield and they have expressed a willingness to do that, if necessary. City Manager Bergen reported that he attended the Housing Conference put on by LINKS, Inc., last Saturday, April 12, 1979, which the City of Bakersfield assisted in sponsoring ($750.00). The conference was well attended by the community and representatives of the Los Angeles office of HUD, and Mr. Bergen felt that LINKS, Inc., should be commended for their efforts in bringing together the elements of the community that can improve housing in this area. City Manager Bergen read a report on Legislation regarding Long Range Financing Solution to Proposition 13, as follows: The State Assembly has before it the McCarthy and Priolo Plan which is designed to provide a long-term financing solution to schools and local governments in light of the passage of Proposition 13. It proposes to take away the sales tax currently received by local govern- ment, which would be used to finance schools and replace it with the property taxes currently received by the schools. This con- cept is particularly disturbing to me, as local governments would be primarily dependent on one source of revenue rather than the mix it currently receives and this one source would not keep up with the cost increases in the types of supplies and services government purchases. This would be very damaging to a city such as Bakersfield which is experiencing a great deal of development and growth and corresponding demand for services. I would therefore recommend the City Council go on record as opposing this plan or any other which would destroy the financing alternatives now available to local governments. City Manager Bergen stated that there is a hearing on this matter in the Legislature tomorrow. Councilman Means stated he wished the Council had more information before a decision was made. Upon a motion by Councilman Barton, the Mayor was re- quested to send telegrams, tonight, to Assemblyman Donald Rogers, State Senator Walter Stiern and the League of California Cities Bakersfield, California, April 25, 1979 - Page 8 Legislative Advocate, expressing opposition to legislation regarding Long Range Financing Solution to Proposition 13, by the following roll call vote: Ayes: Councilmen Ratty, Payne Noes: None Strong, Barton, Christensen, Miller, Absent: None Abstaining: Councilman Means CONSENT CALENDAR The (a) (b) (c) (d) following items were listed on the Consent Calendar: Allowance of Claims Nos. 4994 to 5102, inclusive, in the amount of $528,061.70. Application to Present Late Claim for Damages and Personal Injuries from Robert Willis, c/o Peter J. Rensel, Attorney at Law, 1415 - 18th Street, Suite 706, Bakersfield. (Refer to City Attorney) Claim for Damages from State Farm Mutual Automobile Insurance Company on behalf of Emilio Castro, 220 East 6th Street, Bakersfield. (Refer to City Attorney) Map of Tract No. 3762, located on the east side of New Stine Road between Demaret Avenue and Gorham Way. (e) Improvement Agreement for Parcel Map No. 4104, Parcels 15 and 16, with Vic Gifford for construction of improvements required by the Planning Commission, located east of Gibson Street, south of Rosedale High- way. (f) Map of Tract No. 4~62 and Improvement Agreement with The Mobilhome Corporation for construction of improvements therein, located north of Auburn Street, between Oswell Street and La Costa Street. (g) Notices of Completion and Acceptance of Work for: Tract No. 3853-B, Contract No. 78-97 with Highlands Real Estate Corporation, located at Panorama Drive and Ironwood Way. Wheelchair Ramps in the Downtown and Civic Center Areas, Contract No. 79-40 with Charles I. Cunningham Company. Bakersfield, California, April 25, 1979 - Page 9 (h) Application for Encroachment Permit from Renaissance Gallery, 616 - 18th Street, for placement o£ half-barrel planters and bicycle rack along front of building at 616 - 18th Street. Plans and Specifications for Pacheco Greenbelt and Wilson Park Underdrain Systems. (J) Resolution of Intention No. 943 of the Council of the City of Bakersfield, declaring its intention to order the abandonment of the Dedication of Vehicular Access Rights from Lots 3 and 6 of Tract No. 2963 to New Stine Road, in the City of Bakersfield, and setting Wednesday, May 16, 1979 for hearing on the matter before the Council. Councilman Miller requested that Item (f) of the Consent Calendar be considered separately. Councilman Payne requested that Item (j) of the Consent Calendar be considered separately. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (g), (h) and (i) 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 Councilman Miller stated that in regards to Item (f), of the Consent Calendar, the Council should be aware that some of the lots in this tract are smaller than minimum size and it is important to know that this type of development is taking place in the community. Upon a motion by Councilman Miller, Item (f) of the Consent Calendar, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Bakersfield, Cali£ornia, April 25, 1979 - Page 10 Ayes: Noes: Absent: Councilman Payne asked, in regards to Item (j) of the Consent Calendar, exactly where the property is located and why this action is being taken. Director of Public Works Hawley, stated the property is located along New Stine Road, south of Stockdale Highway. At the time the property was developed, as a subdivision, the property owners dedicated the access rights along New Stine Road. Over the years driveways were permitted to exit onto New Stine Road and this action would legalize those existing driveway accesses. Upon a motion by Councilman Payne, Item (j) of the Consent Calendar, was adopted by the following roll call vote: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne None None ACTION ON BIDS Upon a motion by Councilman Miller, bid of Phelps Dodge Communications Company for Antenna and Cables as part of the Police Department's Microwave Project, was accepted and the other bid rejected. Upon a motion by Councilman Strong, low bid of Granite Construction Company for construction of California Avenue between Union Avenue and South King Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Kaweah Construction Company for construction of Kern River Canal Diversion Structure, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. NEW BUSINESS First reading of an Ordinance o~ 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 Panama No. 2 Annexation. Bakersfield, California, April 25, 1979 - Page ll This ordinance would zone upon annexation that certain property in the County of Kern located on the northwest corner of Panama Lane and Wible Road, to an R-1 (One Family Dwelling) and MH (Mobilehome), or more restrictive Zones. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Panama No. 2 Annexation. 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 southeast corner of White Lane and Stine Road. Gibson Zone to an M-1-D more restrictive Zone. is being placed on this Planning Commission. The application for this amendment was made by John and would change subject property from an "A" (Agricultural) (Light Manufacturing - Architectural Design), or The application of the "D" Design Overlay zoning on the recommendation of the 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 southeast corner of White Lane and Stine Road. Adoption of Resolution No. 34-79 of the City Council of the City of Bakersfield authorizing the taking of property by Eminent Domain and finding necessity therefor. This acquisition is essential to acquire the right-of-way approved extension of Truxtun Avenue. The City's offer to for the purchase was rejected by a representative for part of the owners. Negotiation is almost impossible without condemnation because there are 32 ownership interests scattered through five states. After considerable discussion, upon a motion by Councilman Miller, Resolution No. 34-79 of the City Council of the City of 89 Bakersfield, California, April 25, 1979 - Page 12 Bakersfield authorizing the taking of property by Eminent Domain and finding necessity therefor, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Adoption of Resolution No. 35-79 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Annexation No. 278, Stockdale No. ll. This is an uninhabited annexation containing approximately 8 acres of vacant land located northerly and adjacent to Stockdale Highway, easterly of the County Fire Station and westerly of the new development known as Los Portalas. Upon a motion by Councilman Ratty, Resolution No. 35-79 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 278, Stockdale No. ll, was adopted and referred to the Public Works Department and City Attorney for sub- mittal to LAFCO by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None HEARINGS This is the time set for continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Pacheco No. 9," proposed to be annexed to the City of Bakersfield. This hearing was duly advertised and the property owners were notified as required by law. This hearing was continued from the Council Meeting of April ll, 1979. Bakersfield, California, April 25, 1979 - Page 13 This is an uninhabited annexation containing 216 ~ acres of land located in the vicinity of Pacheco Road and South "H" Street. Written protest, amount to ?3% of the assessed valuation of the land and improvements, has been filed by Atlantic Richfield Company, 4121 South "H" Street. Upon a motion by Councilman Ratty, continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Pacheco No. 9," proposed to be annexed to the City of Bakersfield, was continued until the Council Meeting of May 9, 1979, by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None This is the time set for public hearing before the Council on an Appeal by Mr. Luther Davis, Jr. to the decision of the Board of Zoning Adjustment regarding his application for a Modification of an R-1 (One Family Dwelling) Zone to permit a reduction of the 25-foot required front yard setback to 3~ feet and the elimination of the 5-foot required side yard on that certain property commonly known as 1601 Dorian Drive. This hearing has been duly advertised and the property owners have been notified as required by law. The applicant is requesting the modification to legalize an existing 20 by 25-foot metal carport foot front yard setback area. A letter was received from Mr. Drive, encouraging the Council to grant pation. constructed within the 25- Bob Crafton, 1602 Dorian the modification. Mayor Hart declared the hearing open for public partici- Bakersfield, California, April 25, 1979 - Page 14 91 Mr. Mike Daleo, property owner of 1605 Dorian Drive, requested the Council to grant the modification to Mr. Davis. No protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Zoning Resolution No. 266 granting Modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit a reduction of the 25-foot required front yard setback to three and one-half feet: and the elimination of the five-foot required side yard setback on that certain property commonly known as 1601 Dorian Drive, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:00 P.M. M~kV4k~of the City of Bakersfield, Calif. ATTEST: CITY -Officio Clerk of the Council of the City of~Bakersfield, California ma ,9'2 Bakersfield, California, May 2, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 2, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Absent: None Minutes o£ the regular meeting of April 25, approved as presented. 1979 were PRESENTATION OF RETIREMENT PLAQUES Mayor Hart presented a retirement plaque to Mr. Paul L. Brad£ord, who completed 30 years of service with the Police Depart-- ment of the City of Bakersfield, effective April 29, 1979. Mayor Hart presented a retirement plaque to Mr. John Gordon, who completed 29 years of service with the Police Depart- ment of the City of Bakersfield, effective April 28, 1979. Mayor Hart presented a retirement plaque to Mr. Larry J. Pasquini, who completed 22 years of service with the Police Depart- ment of the City of Bakersfield, effective April 29, 1979. SCHEDULED PUBLIC STATEMENTS Mrs. Dorothy Pfeifer, 131La Mesa Drive, presented the Council with copies of an article that appeared in the Los Angeles Times on April 26, 1979, entitled "Group Winning Elections - Hayden: The Sweet Smell of Success" by Kenneth Reich. Mrs. Pfeifer stated she wanted the Council to be aware of the article and, if it is true, it frightens her that there is a pressure group working outside the City who is meddling in hometown politics. Mrs. P£ei£er also requested to talk to her Councilman regarding the implications of this article. Bakersfield, California, May 2, 1979 - Page 2 93 Councilman Christensen stated that after he reads the article he will contact Mrs. Pfeifer. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Southern California Edison Company, dated April 24, 1979, regarding Parcel Map No. 5358, was received and referred to the Planning Department. Upon a motion by Councilman Barton, communication from Moreland Engineering, Inc., dated April 27, 1979, requesting an appeal to the decision of the Planning Commission who denied approval of Tentative Tract No. 4182, was received and Wednesday, 1979, was the date set for hearing the appeal before the May 16, Council. Upon a motion by Councilman Ratty, communication from Lawton Powers, dated May 1, 1979, requesting abandonment of a portion of 40th Street, east of Chester Avenue, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Ratty stated that he plans to nominate Harvey L. Hall, President of Hall's Ambulance Service, to fill the vacancy on the Fire Department Civil Service Board; and made a motion that action on this matter be held over until the Council Meeting of May 16, 1979. This motion was unanimously approved. Councilman Miller stated that he plans to nominate Janice Banducci to fill the vacancy on the Fire Department Civil Service Board. Councilman Means announced that he appointed Elaine Murphy, 1919 Truxtun Avenue, to the California Avenue Park Neighbor-- hood Facility Citizens Advisory Committee. Councilman Means announced that he appointed Mr. Ray Geigle, 5114 Laguna Street, to the Charter Review and Advisory Commission. '94 Bakersfield, California, May 2, 1979 - Page 3 Councilman Means stated that perhaps more notice should be given to the public regarding the motion he is going to make, however, since budget preparations are beginning and the Council should set policies so the staff has an idea how the Council feels, he would make a motion that the Garbage Tax be repealed as of July 1, 1979, and the budget prepared accordingly. Councilman Miller stated that in the future items of this magnitude should be placed on the agenda to give the other Councilmen ample time for all considerations and necessary research. Councilman Means' concern regarding the Garbage Tax is appreciated, however, it is hoped that he appreciates the concern in being able to make a wise and prudent decision at a moments notice, and for that reason will vote no on the motion. Councilman Ratty stated the way the motion was expressed indicated that Councilman ~eans has a feeling that the City has the money and he does not know where the City is financially. Budget time is very close and the only reasonable thing to do is wait until the Manager's budget is presented and then, if there are questions or surpluses it can be discussed rationally. Councilman Strong stated he does not intend to support the motion. It is so close to budget time that it would be pre- mature to take such drastic action at this time. Councilman Strong offered a substitute motion that the subject of repealing the Garbage Tax be deferred until such time as the Council can review the draft of the preliminary budget. Councilman Barton stated he can support Councilman Means' concept, if more documentation was available; however, until such time as the Budget Review and Finance Committee can come back to the Council with information that indicates that with good budgetary practices the Garbage Tax can be eliminated, he would have to support Councilman Strong's substitute motion. 95 Bakersfield, California, May 2, 1979 - Page 4 Councilman Strong's substitute motion that the subject of repealing the Garbage Tax be deferred until such time as the Council can review the draft of the preliminary budget, carried by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Miller, Payne, Ratty Noes: Absent: Councilman Means None Councilman Ratty stated at today's Planning Commission meeting a Mr. Law, representing the developer of the property around Mervyn's Department Store on California Avenue, offered to donate a traffic signal to the City to aid their business. This is an outstanding offer, especially with the rapid sprawl of shopping centers creating traffic congestion. Councilman Ratty requested that the Planning Commission and staff investigate the possibility of other persons donating taffic signals around the shopping areas, especially the Stockdale area. Councilman Barton introduced Scott Frank, Chairman of the State Water Commission and reminded the Council that tomorrow, May 3, 1979, at 10:30 A.M. in the Kern County Water Agency's Office, the State Water Commission will begin workshops and hearings. Councilman Barton announced that on Thursday, May 1979 at 7:00 P.M. in the Council Chambers of City Hall the Council will hold a Planning Workshop and the staff was requested to notify the members of the Planning Commission and news media and place a notice in the newspaper. Councilman Barton requested that each Councilman be provided with a copy of Mason's Manual of Legislative Procedure, even if they are out of date editions. City Attorney Hoagland stated that each Councilman should also have copies of the ordinance governing procedures at Council Meetings. 96 Bakersfield, California, May 2, 1979 - Page 5 Councilman Miller requested that the Council establish rules so that a Council Committee Meeting could be taped and that the necessary equipment be furnished. Councilman Miller suggested. that a decision on this subject be made next week. Mayor Hart announced that he appointed Mr. Hugh Sill, St., 1809 Beech Street, to the Charter Review and Advisory Com- mission. REPORTS Councilman Ratty, Chairman of the Intergovernmental Relations Committee, read Report No. 3-79 regarding Bakersfield Airpark, as follows: At the Intergovernmental Relations Committee meeting on April 25, 1979, the Committee agreed to recommend to the City Council a Resolution supporting the acquisition of the Bakersfield Airpark by a public agency. The following Resolution is recommended for adoption by the City Council: A Resolution of the Council of the City of Bakersfield supporting the acquisition of the Bakers£ield Air- park by a public agency. WHEREAS, the City of Bakersfield, County of Kern and the Federal Aviation Administration funded a site evaluation study to determine whether an airport was needed in the south Bakersfield area; and WHEREAS, the study, performed by R. Dixon Speas Associates, Inc., determined that an airport is needed in the south Bakersfield area; and WHEREAS, the report performed by R. Dixon Speas Associates, Inc., determined that the present Bakersfield Airpark location is the most desirable site for said airport; and WHEREAS, public funds not otherwise available for the development and operation of Bakers- field Airpark would be available if owned by a public agency; and WHEREAS, the City seeks to have a Master Plan Study performed determining the financial feasibility of development of the Bakersfield Airpark; and WHEREAS, the City has made application to the Federal Aviation Administration for a grant to fund the Master Plan Study, but funds for such study are reportedly not available at this time; and Bakersfield, California, May 2, 1979 - Page 6 WHEREAS, a number of individuals, businesses and industries are interested in the potential for future development in the Bakersfield Air- park area and desire to know the future plans for the continued operation and improvement of the airport. WHEREAS, the City Council desires to make their position known to these interested parties. NOW, THEREFORE, BE IT RESOLVED that the City of Bakersfield fully supports ownership of the Bakersfield Airpark by a public agency so as to make said Airpark development and operation available for Federal and State funding, thereby assuring its continued operation and improve- ment. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 3-79 regarding Bakersfield Airpark, was accepted. Adoption of Resolution No. 36-79 of the Council of the City of Bakers- field supporting the acquisition of the Bakersfield Airpark by a public agency. Upon a motion by Councilman Ratty, Resolution No. 36-79 of the Council of the City of Bakersfield supporting the acquisition of the Bakersfield Airpark by a public agency, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None City Attorney Hoagland presented a report from Assistant City Attorney Oberholzer regarding the Impact of the Brown Act on Attendance by Other Council Members at Committee Meetings, as follows: QUESTION: Does the attendance of a fourth Council Member at a Council Committee Meeting require that a meeting be noticed, open and public? ANSWER: Yes. ANALYSIS: I Ralph M. Brown Act: In simple terms, the Brown Act requires meetings of governmental bodies to be open and public without any restriction on the right of the public to attend. There are specific exceptions Bakers£ield, California, May 2, 1979 - Page 7 to the open public meeting requirements of the Brown Act. For example, executive or personnel sessions from which members of the public and press are barred may be held during a regular or special meeting under certain circumstances. These closed meetings may involve employment or dismissal of an employee, pending or antici- pated litigation, matters posing a threat to security of public buildings or matters re- garding salaries prior to or during negotia- tions. Under certain circumstances, committees of the City Council are excluded from the requirements of an open and public meeting, as will be discussed in the following paragraphs. There is often a misunderstanding that the open meeting requirements of the Brown Act apply only to meetings where action is to be taken and/or a decision is to be made by the governing body. Perhaps this misunderstanding comes about because the Brown Act provisions provide criminal penalties to members of the governing body when they knowingly meet for purposes of "taking action" in violation of the Act. There are other circumstances when nonpublic meetings are in violation of the Brown Act but impose no criminal penalty on the members. In substance, the Brown Act provides that any meeting held to exchange information and ideas with a view toward obtaining a general consensus, which in turn could provide the basis for action by the legislative body, must be an open and public meeting with notice. Another way of stating this requirement is that a meeting at which information is dis- seminated for a specific purpose, which may provide the basis for action by a majority of the legislative body (Council) at its regular meeting, would fall within the purview of the Brown Act. II Establishment of Committees: The City of Bakersfield is a Charter City. The Charter establishes a Council/Manager form of government. Only the City Council is vested with legislative powers. The exercise of these powers must be at noticed, open and public meetings. The City Manager is responsible for the general supervision and direction of the administrative operations of the City and takes his direction from the City Council. The City Council has established a number of Council committees consisting of three Council- men. These committees do not divest the Council of any of its legislative powers or duties. The committees are only advisory to the Council. They can neither legislate, direct nor supervise City business. Committees are only empowered to report their findings and recommended action to the Council. The City Council is under no obligation to accept or even act on the recommendation of any committee. 99 Bakersfield, California, May 2, 1979 - Page 8 III Council Committees Specifically Exempted: Specifically excluded from the open and public meeting requirements of the Brown Act is "a committee composed solely of members of the governing body of a local agency which are less than a quorum of such governing body." Government Code §54953.2. The various Council Committees fall within this exemption only because they are composed of three members o£ the Council. In essence, this exemption allows the Committees to meet in private without notice to the public. The exemption is lost if a fourth member attends the meeting. Although the fourth member is not a member of the com- mittee, his presence could result in an "exchange of information and ideas" which could result in providing a basis for a majority action of the Council without a full discussion at the open and public Council meeting. Thus, in order for a fourth Council member to attend a Council Committee meeting, the meeting would have to be noticed with an agenda, and be open and public. This, of course, does not mean that the public must be allowed to make inputs at the meeting; but the public must be allowed to attend and must receive notice of the meeting. The conclusion is applicable even though the committee report to the Council does not include the conclusions or opinions of the fourth Council member who might attend. The same requirements are applicable to a so-called study-session attended by the Council members. IV Social Engagements Attended by ~ore Than ~hree Council Members: It should be noted that mere social attendance by a majority of the Council at luncheons, dinners, or cocktail parties given by civic or other social organizations, etc. does not constitute a meeting subject to the Brown Act. However, luncheon or dinner meetings of Council members for the purpose of a decision or deli- beration covering public business falls within the purview of the Brown Act. On the other hand, it has been held that meetings of Council members with other municipal, county or state- wide legislative bodies or officials for the discussion of matters of common interest, wherever held, do not fall within the require- ments o£ the Brown Act. (Linton v. City Council, Merced S.Ct.No. 37039.) Upon a motion by Councilman Strong, report from Assistant City Attorney Oberholzer regarding the Impact of the Brown Act on Attendance by Other Council Members at Committee Meetings, was received and ordered placed on file. 100 Bakersfield, California, May 2, 1979 - Page 9 Councilman Ratty made a motion that public notification be given so that the Budget Review & Finance Committee and Busines~s Development & Parking Committee meetings could be attended by other Council members. After a lengthy discussion Councilman Ratty withdrew the motion. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 5-79 regarding Additional Personnel for California Avenue Park, as follows: For the last few months the Governmental Efficiency and Personnel Committee and Auditorium-Recreation Committees have been concerned about the unusual amount of violence at California Avenue Park. The California Avenue Park Citizen's Advisory Committee was equally concerned and therefore set up an ad hoc committee of concerned citizens to look into this problem. Several meetings were recently held in the California Avenue Park Neighborhood Facility at which time the staff and Councilmen Strong and Christensen were in attendance. As a result of these meetings, it was quite evident that the City apparently is not providing adequate supervision to handle all areas of the park. The Recreation Building itself is not a major problem, however, the activities that are taking place elsewhere in the park are apparently the breeding ground for the recent upsurge of violence. At the present time there are only two full- time professional employees assigned to the park. The citizen's ad hoc committee is of the opinion that if the park were better supervised, these problems could be signi- ficantly reduced. The Governmental Efficiency and Personnel Committee is in complete agreement with this idea and is therefore recommending Council approval of two additional Community Center Leader positions at an annual cost to the City of $31,000. In order to fund these two positions for the remainder of Fiscal Year 1978-79, we are also recommending Council approval of a $3,500 budget transfer from the Council Contingency Fund to the California Avenue Park Neighborhood Facility Fund. Councilman Miller requested that statistics be brought back to the Council to determine if this endeavor was successful in reducing the crime rate. Bakersfield, California, May 2, 1979 - Page 101 Councilman Strong stated he would be very happy to report back to the Council on the results of this action. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 5-79 regarding Additional Personnel for California Avenue Park, was accepted; and recommenda- tions as outlined in the report, were approved, by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Director of Fire & Development Services Needham reported that a matter has been brought to the staff's attention with regards to the use of a business at 2216 "N" Street, which under the existing ordinance is not permitted. After studying the problem it is staff's opinion that there may be other alternatives than to simply deny the use. It is an automotive parts business which is doing automotive machine work in a zone where it is not permitted. It is requested that this matter be referred back to the Planning Commission for study and recommendation. Upon a motion by Councilman Ratty the matter of an automotive parts business, located at 2216 "N" Street, doing automotive machine work in a zone where it is not permitted, was referred to the Planning Commission for study and recommendation. CONSENT CALENDAR Councilman Payne stated that due to a real or imaginary conflict of interest he would abstain from voting on Item (c) of the Consent Calendar The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5103 to 5167, inclusive, in the amount of $875,640.10. (b) Sewer Line Easement from Hull & Associates, across Lot 13 of Tract No. 3513 to provide sewer service to property at the southwest corner of Panorama Drive and Columbus Street. 102 Bakersfield, California, May 2, 1979 - Page ll (c) Improvement Agreement for Parcel Map No. 4104 with Watson Realty Company for construction of improvements therein, required by the PIanning Commission, located south of Rosedale Highway, east of Gibson Street. (d) Notice of Completion and Acceptance of Work for construction of Security Lighting for Quailwood Park, Contract No. 78-91 with Dean Clark & Son. The Public Works Department recommends a 124 day extension of time due to delays in equipment deliveries and installation of electrical service. (e) Application for Encroachment Permit from Lee P. Farrell, 2201 Sunset Avenue, for construction of 4 foot chain link fence at back of sidewalk, 6" into City right- of-way, at 2201 Sunset Avenue. (f) Plans and Specifications for Resurfacing and Improving portions of Columbus Street, New Stine Road and Wible Road. (g) Request from Warner Cable of Kern County for extension of time until May 13, 1979, for completion of Underground District No. 5 (New Stine Road). (h) Request from Pacific Telephone Company for extension of time until July 31, 1979, for completion of Underground District No. 6, Division 2 (Truxtun Avenue). Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Abstaining: Councilman Payne on Item (c) ACTION ON BIDS Upon a motion by Councilman Barton, bid of General Seating Company for Park Bench Material, was accepted. DEFERRED BUSINESS Adoption of Ordinance No. 2494 New Series of the Council of the City of Bakersfield repealing Chapter 1.86 and amending Section 13.04.120 by adding Subsection (d) and amending Section 13.28.110 concerning the powers and duties of the Board of Building Appeals. Bakersfield, California, May 2, 1979 - Page 103 Upon a motion by Councilman Barton, Ordinance No. 2494 New Series of the Council of the City of Bakersfield repealing Chapter 1.86 and amending Section 13.04.120 by adding Subsection (d) and amending Section 13.28.110 concerning the powers and duties of the Board of Building Appeals, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Adoption of Ordinance No. 2495 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakers- field, regarding property known as Panama No. 2 Annexation. This ordinance zones upon annexation that certain property in the County of Kern located on the northwest corner of Panama Lane and Wible Road, to an R-1 (One Family Dwelling) and MH (Mobilehome) Zones. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2495 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Panama No. 2 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Means, Miller, Payne, Ratty Noes: None Absent: None Adoption of Ordinance No. 2496 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of White Lane and Stine Road. Bakersfield, California, May 2, 1979 - Page 13 The application for this amendment was made by John Gibson and would change subject property from an "A" (Agricultural) Zone to an M-1-D (Light Manufacturing - Architectural Design) Zone. The application of the "D" Design Overlay was placed on the zoning on the recommendation of the Planning Commission. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2496 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of White Lane and Stine Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Payne, Ratty Noes: None Absent: None Christensen, Means, Miller, Adoption of Resolution No. 37-79 of the Council of the City of Bakers- field making finding that a sufficient protest has been made to require an election and ordering the territory designated as Annexation No. 273 (Union Avenue No. 9) annexed to the City of Bakersfield subject to the confirmation of the voters on the question. Government Code Sections 35228 and 35230 require that where there is more than a 25% but less than a 50% protest, the City annex subject to confirmation by the voters and call an election. The protest filed by the registered voters residing in the area amounted to 36.43% and this resolution orders the calling of an election. Upon a motion by Councilman Barton, Resolution No. 37-79 of the Council of the City of Bakersfield making finding that a sufficient protest has been made to require an election and ordering the territory designated as Annexation No. 273 (Union Avenue No. 9) annexed to the City of Bakersfield subject to the 105 Bakersfield, California, May 2, 1979 - Page 14 confirmation of the voters on the question, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Payne, Ratty Noes: None Christensen, Means, Miller, Absent: None NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield changing the name of a portion of Arlana Street to Chester W. Nimitz Street. A request from Golden Empire Development Company to change street within Tract No. 3828 from Arlana Street to Chester W. Nimitz Street was considered and approved by the Planning Com- mission on March 31, 1979. The two tracts involved are owned by two parties only, and each is in agreement. This request for a street name change was approved by the Council at the meeting of April 18, 1979. First reading was considered given an Ordinance of the Council of the City of Bakersfield changing the name of a portion of Arlana Street to Chester W. Nimitz Street. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 3279 through 3311 Chester Lane. This amendment to the Zoning Ordinance was initiated by the Planning Commission and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 3279 through 3311 Chester Lane. 106 Bakersfield, California, May 2, 1979 - Page 15 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 southeast corner of Hughes Lane and Fairview Road. The application for this amendment was made by Frank St. Clair and would change subject property from an MH (Mobile- home) Zone to an R-1 (One Family Dwelling), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of Hughes Lane and Fairview Road. Approval of Agreement with Book Publishing Company and Budget Transfer from the Council Contingency Account to the appropriate City Clerk's Account, in the amount of $17,500 for recodifying and republishing the Municipal Code of the City of Bakers- field. This transfer is necessary to provide funds for the recodification and publication of 200 copies of the Municipal Code of the City of Bakersfield. The last time this was done was in 1960 and there are only a few copies remaining in stock. This company with the assistance of the City Attorney will update the code to reflect court decisions, State law and Constitutional requirements. Upon a motion by Councilman Payne, Agreement with Book Publishing Company, was approved and the Mayor was authorized to execute same; and Budget Transfer from the Council Contingency Fund to the appropriate City Clerk's Account, in the amount of $17,500, was approved. HEARINGS This is the time set for continued public hearing before the Council on an Appeal by Moreland Engineering, Inc., acting on Bakersfield, California, May 2, 1979 - Page 16 107 behalf of Highlands Real Estate Corporation, to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, affecting those certain properties in the City of Bakersfield commonly known as 3100 and 3200 Blocks of La Costa Street (odd only). This hearing was duly advertised and the property owners were notified as required by law. This hearing was continued from the Council Meeting of April 4, 1979. Letters have been received from Judy & Riley M. Middleton, 3205 Heisey Street, and Donald J. & Joanne Border, 4612 Brewer Avenue, expressing opposition to the P.U.D. zoning. The Planning Commission, by a majority vote, denied the request for a P.U.D. zone. Mayor Hart declared the hearing open for public partici- pation. Mr. Steve Lameran, 3208 Heisey Street, representing an ad hoc committee of homeowners in the area, presented a petition containing approximately 200 signatures of residents of the area requesting that the Council uphold the decision of the Planning Commission by denying the request for P.U.D. zoning. ~r. Lameran stated that this type of zoning would tend to congested traffic situation in the area. Mr. Robert Small, 3512 La Costa to the P.U.D. zoning. Mr. Lee Landes, to the P.U.D. zoning. Mr. John Giumarra, Jr., President of Highlands Real Estate Corporation, speaking in favor of the P.U.D. zoning, stated that subject property is compatible to the multiple family housing on the south and west and La Costa Street is a major traffic arterial designed for four leanes of traffic and two lanes of aggreviate an already Street, spoke in opposition 3204 La Costa Street, spoke in opposition 108 Bakersfield, California, May 2, 1979 - Page 17 parking. Mr. Giumarra explained, in detail, the development plans for this property and requested that the Council grant the P.U.D. zoning. No further protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Councilman Strong stated that the proposed P.U.D. zoning seems to be the only reasonable and compatible zoning, inasmuch as multiple family dwellings are to the south and directly across the street. He also stated that if anything else was being proposed he would vote against it. Upon a motion by Councilman Miller, Zoning Resolution No. 267 denying application of Highlands Real Estate 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 the 3100 and 3200 Blocks of La Costa Street (odd only), was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Noes: Councilmen Strong, Ratty Absent: None Council, adjourned at 9:55 P.M. ADJOURNMENT There being no further business to come upon a motion by Councilman Christensen, Payne before the the meeting was MAYORe'field , Calif. ATTEST: CIT~CLER a~fficio Clerk of the Council of the City of ~akersfield, California ma Bakersfield, California, May 9, 1979 109 Minutes o£ a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 9, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Barton, Miller, Absent: Councilman Ratty Christensen, Means, Payne, Strong Minutes o£ the regular meeting of May 2, 1979 were approved as presented. PRESENTATION OF RETIREMENT PLAQUES Mayor Hart presented a retirement plaque to Mr. James B. Owens, who completed 30 years of service with the Public Works Department of the City of Bakersfield, effective April 3, 1979. Mayor Hart presented a retirement plaque to Mr. Johnnie B. Jones, who completed 23 years of service with the Public Works Department of the City of Bakersfield, effective May l, 1979. SCHEDULED PUBLIC STATEMENTS Mrs. Patt Keith, President of the Downtown Business Association, 1408 - 17th Street, commended the Council for their support during the last l0 years and presented a report on the Downtown Improvement District. Mrs. Anne Monroe, 3991 Marella Way, spoke in opposition to the Garbage Tax. COUNCIL STATEMENTS Mayor Hart announced that tomorrow, May 10, 1979, at 9:00 A.M., the Civil Aeronautics Board will hold hearings in the Kern County Board of Supervisors' Chambers regarding United Airlines' pullout. Mayor Hart stated he received a bulletin that Pacific Gas & Electric Company is considering building coal burning power plants in the Sacramento valley and the Council may wish to pursue this issue. 110 Bakersfield, California, May 9, 1979 - Page 2 Mayor Hart stated the City of Bakersfield's sister city Wakayama, Japan, presented several valuable gifts to this City at the time the Civic Auditorium was dedicated. Wakayama will be dedicating their new Civic Auditorium, in the near future, and Mayor Hart requested Council approval of an amount not to exceed $1,000.00 for the purchase of a replica of the Liberty Bell, which will be built in White Chapel London, by the descendants of the persons who cast the original in 1776. Councilman Payne read a letter from Village Green Home- owner's Association, 5400 Kirkside Drive #D, as follows: Bakersfield City Counci~ 1501Truxtun Avenue Bakersfield, California 93301 Attn: Thomas Payne Dear Mr. Payne: The Village Green Homeowners' wish to thank you and the other members of the City Council for your consideration on our behalf in working out the problems involving development of the property at Ming and New Stine Roads. Regarding the nine conditions of acceptance of rezoning the easterly and northerly portions of said property (see minutes of City Council meeting 4/18/79) we respectfully request the following: A bond or covenant for guarantee o£ main- tenance on landscaped area on Kirkside Drive that will be binding on respective owners in perpetuity. Village Green homeowners have withdrawn their request to have "No Parking" signs posted on the north side of Kirkside Drive, but wish to keep the option to have the posting done at a future date if we deem it necessary. Village Green homeowners to be notified, by mail, should any proposal to open the wall on Kirkside Drive comes before the City Council and/or the City Planning Commission. Not a condition of rezoning, but of vital interest to Village Green, would by any change in plans for the design and functional type o£ construc- tion of the subject area recently rezoned "C-2." Sincerely, Donald F. Brayton President-Board of Governors Elizabeth Tregoning Member-Village Green Homeowner's Association. Bakersfield, California, May 9, 1979 - Page 3 111 Councilman Payne also read a copy of a letter addressed to Kern County Supervisor Trice Harvey from the Westminster United Presbyterian Church, dated Apri~ 30, 1979, regarding a possible traffic problem on Parker Avenue after installation of traffic signals on Stine Road and Ming Avenue. Councilman Payne made a motion that the correspondence from Village Green Homeowner's Association and Westminster United Presbyterian Church, be received and referred to staff for appropriate action. This motion was unanimously approved. Councilman Strong made a motion that the Mayor's request for a sum not to exceed $1,000.00, for purchase of a replica of the Liberty Bell for Wakayama's new Civic Auditorium, be approved. Councilman Miller offered a substitute motion that the Mayor's request for $1,000.00 for a gift to Wakayama be held over until next week and placed on the agenda in order to allow the Council time to consider other appropriate gifts. This substitute motion was approved with Councilmen Christensen and Strong voting in the negative. Councilman Strong announced that he appointed Mr. Gabriel W. Solomon, 22 "P" Street, and Mr. Carey Scott, 615 California Avenue, to the Charter Review and Advisory Commission. Councilman Barton requested the staff to furnish a map at next week's meeting showing the City property the North of the River Recreation District has requested LAFCO to remove from their area. Councilman Barton stated the staff has furnished each Councilman with a copy of the ordinance regarding procedures at meetings and the only available copy of Mason's Manual of Legis- lative Procedure will be placed in the office set aside for Council use. Councilman Means stated he would oppose the coal burning power plants being proposed by Pacific Gas & Electric Company for the Sacramento valley and possibly at a later date the Council could make some reco~nendations. 112 Bakersfield, California, May 9, 1979 - Page 4 Mayor Hart requested that the City Manager pursue this matter to determine exactly what the situation is and report back to the Council. Mayor Hart asked Councilman Means if he had made his second appointment to the Charter Review and Advisory Commission, because the first meeting has been scheduled as directed by the Council. Councilman Means indicated that he would make that appointment tomorrow and inform the City Clerk's office. REPORTS Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 1-79 regarding Audit of City Financial Records for 1978-79, as follows: The Council has referred to this Committee letters from three Certified Public Accounting firms regarding the audit of the City's financial records for the ].978-79 fiscal year-- Carpenter, Kuhn & Williams, Elmer Fox, West- heimer & Co., and Ruppel & Nunneley. The Committee met with representatives of Carpenter, Kuhn & Williams and Elmer Fox, Westheimer & Co. The third firm, Ruppel & Nunneley, indicated that now due to other commitments they would not be able to staff the audit. The discussions centered around audit approach, audit techniques, qualifications of personnel proposed to work on the audit and in particu- lar, audit independence. Based on these discussions, we would recommend the firm of Elmer Fox, Westheimer & Co. be retained to audit the City's financial records. It is our feeling it would be in the best interests of the City to have a national organization per- form the audit. Despite the fact this organi- zation has performed this work for a number of years, we are satisfied that through the self audit program within this organization, its involvement in a peer review audit and regular staff rotation its audit independence is well maintained. The firm proposed to audit the City's records for a maximum of $10,850, Revenue Sharing funds for $1,550 and Community Development Block Grant funds for $1,050. This represents a reduction of $2,400 or 15% from last year's fees. The Committee also wanted to enlist this firm for additional work as directed by the Council. At the appropriate time the Committee will come back to the Council with the nature and cost of the work. Bakersfield, California, May 9, 1979 - Page 5 113 Upon a motion by Councilman Means, Budget Review and Finance Committee Report No. 1-79 regarding Audit of City FinanciaZL Records for 1978-79, was accepted; and Contract with Elmer Fox, Westheimer & Company £or Audit of City Financial Records for 1978-79, was approved and the Mayor was authorized to execute same. Councilman Barton, Chairman of the Bakersfield Water Board, read a report regarding Domestic Water Enterprise Operating and Capital Outlay Budget for Fiscal Year 1979-80, as follows: For your review and consideration, attached is the Domestic Water Enterprise Operating and Capital Outlay Budget for Fiscal Year 1979-80. Also, attached to the Domestic Water Budget are summaries explaining the major item changes from the previous fiscal year. These budget items were approved by the Water Board on May 2, 1979, and are scheduled to appear on the agenda for Council action on May 16, 1979. City Manager Bergen corrected a typing error on page 3 entitled "City of Bakersfield Domestic Water Enterprise Estimated Revenues and Expenses Budget Fiscal Year 1979-80," in the column headed "Proposed FY 1979-80." Total Revenues should read $1,425,300 instead of $1,425,100. Upon a motion by Councilman Barton, report regarding Domestic Water Enterprise Operating and Capital Outlay Budget for Fiscal Year 1979-80, was received and ordered placed on file. Councilman Christensen stated that due to a real or imaginary conflict of interest he would not participate in the following item. Assistant City Manager Russe~presented a report on the Comprehensive Employment Training Act (CETA), as follows As per instructions of the City Council, dated April 11, 1979, I have met several times recently with Tim Christensen, head of the County CETA Program, to discuss the pros and cons of the City's further involvement in Federally funded manpower programs. As a result of these meetings, I will attempt to summarize some of the basics I think we should 114 Bakersfield, California, May 9, 1979 - Page 6 know prior to committing the City one way or the other in these programs. The following are three different avenues that cities can become involved in CETA Programs: PRIME SPONSOR: Governmental agencies with over 100,000 population can deal directly with the Federal Government for monies that have been set aside to fight unemploy- ment. Kern County has been designated as the Prime Sponsor for this area, in that none of the cities in Kern County qualify because of the population requirement. PROGRAM AGENT: Government agencies with populations between 50,000 and 100,000 can qualify as a Program Agent. Under this plan the City's funds would be allocated separately from the County and would be used strictly for residents who live within the City limits. The City would still be answerable to the County in that they are this areas designated Prime Sponsor. As a Program Agent, the administrative overhead is considerably more and could result in a duplication of services in that other agencies are presently geared up to provide administrative services. CONTRACT: If we are to become involved in CETA Programs, this appears to be the most convenient and responsible way initially. Once a tentative level of service is estab- lished by the staff and approved by the Council, then an agreement is entered into with the County or one of its agents. As an example, the U. S. Forestry Service is presently contracting through the North Bakersfield Parks and Recreation District for CETA employees in Kern County. The Recreation District is handling the majority of their administrative costs, such as payroll services. The City Attorney and I recently met with Bill Rasmussen, Director of North Bakersfield Parks and Recreation District, and Tim Christensen. They informed us that the district could handle a similar type service for the City. As a result of this meeting, we are of the opinion that contracting is probably the most feasible way initially for the City to enter into a CETA Program. Apparently the paper work would be far less and the expertise of administrators with the County and other agencies would be available to us. Hopefully the administrative costs could be kept to a minimum with little or no duplication of services. There are, however, some areas of concern to the City Attorney in that the City Charter limits tem- porary employment to six months in any given year. If this wording in the Charter is construed to include CETA employees that are Bakersfield, California, May 9, 1979 - Page 7 115 hired beyond a six month period, they could technically be entitled to permanent status. Hopefully that would not be the case, however, it is a real concern. Tim Christensen has advised me that the City would be eligible for approximately l~ million dollars under Title VI allocations and one million dollars under Title II. Title VI funds are available for special projects whereas Title II funds are to be used to provide on- going public service employment such as Public Works Department Trainees, Fire Trainees, or Police Trainees. These trainees can be hired not to exceed 18 months and under Title II must be unemployed 15 out of the last 20 weeks while Title VI trainees must be unemployed l0 out of the last 12 weeks. These trainee programs were established originally for the hard core unemployed. Title II trainees cannot be paid more than $833 per month and Title VI employees no more than $833 plus a 10% additional local share. At first glance it appears that the City could use approximately 80 to 95 of these trainees in the first year which would amount to approximately $1,000,000.00. At the present time the County is using trainees in such areas as clerical help, graphic drafts- men, mechanic helpers, maintenancemen, seasonal fire fighters, fire fighters trainees, and trainees in the Sheriff's Department. The County Fire Department presently uses 1.3 million dollars in CETA funds. The CETA Director informed me that the Federal Government originally authorized this employ- ment program for a three year period, five years ago, with the last two years being funded on an annual basis. This year Congress authorized an additional four year funding period, with no assurance that it would be maintained on a permanent basis. There are no local matching fund requirements at the present time, however, there has been a good deal of discussion that local entities would be required in the future to pay retirement costs. All required equipment for training purposes, within reason, is paid for through CETA funds as are health insurance and liability costs. The one area of liability that the City should be concerned with is employee's grievances. These may be filed through the Department of Labor and the City would be answerable to such charges and as you know this can be a lengthy and drawn out procedure. The other area of potential liability is if funds were misused we would be subject to repayment of such funds. As you know, the only involvement the City has had with CETA Programs in the past has been through the local high schools during the summer months. This has proven to be unsatis- factory in some areas in that we did not have Bakersfield, California, May 9, 1979 - Page 8 the students long enough, Also, lack of maturity at the high school level requires constant supervision. This is not to say that the regular CETA Program would be any different, however, we would gear up our present work force to provide the necessary supervision. If we are to become more involved in CETA Programs on an on-going basis, I would recommend a slow transition through a contract with the County or one of its agents for absolute essential services as determined by department heads and approved by the City Manager and City Council. I have discussed this possibility with all department heads and they have compiled the following requests for CETA Employees for Fiscal Year 1979-80: I. Fire & Development Services 33 Fire Fighter Trainees 1 Hydrant Maintenance Trainee 2 Mechanic Aides 1 Planner Aide 1 Inspector Aide 2 Community Development Aides 1 Domestic Water Aide 2 Clerical Aides II. Auditorium-Recreation 12 Recreation Program Trainees 8 Maintenance Trainees 1 Clerical Trainee III. Public Works Engineering Trainees Traffic Trainees Park Maintenance Trainees Craft Worker Trainee Clerical Trainee Automotive Trainees Mechanic Aides IV. Police Department 4 Community Service Trainees 6-12 Police Cadets V. Water Department i Canal Tender Trainee 3 Temporary Canal Tender Trainees This is a total of 87 to 93 full-time and temporary CETA employees which should result in an approximate savings of $375,000 from the amount requested by department heads for additional employees for Fiscal Year 1979-80. In order for the staff to finalize the Manager's proposed budget for Fiscal Year 1979-80, we need authorization from the City Council to proceed with this Federally funded manpower program. Bakersfield, California, May 9, 1979 - Page 9 Councilman Means made a motion that the City proceed with the CETA Program based on Option No. 3 contained in the report. Councilman Miller spoke in opposition to the CETA Program because by becoming involved in the bureaucratic mesh of Washington certain independences are given up. Councilman Miller stated he is very reluctant to become involved with the CETA Program regard- less of the dressing that may appear. The CETA Program sounds ver]7 good but it does very little for what it was intended to do. It is supposed to employ people to teach them skills and he has seen very few people come out of the program with usable skills. For that reason he will vote against the City getting involved in the CETA Program at this point in time. During a lengthy discussion, Councilman Payne asked, in the event a CETA employee proves unsatisfactory, does the depart- ment head or someone have the authority to terminate or dismiss that person without cause during the probationary period as can be done with a regular employee. Assistant City Manager Russell stated he was uncertain. They are supposed to maintain the same rights as other employees, however, they do have the rights of grievance with the Department of Labor. Mr. Russell stated he was not sure if CETA employees go through a probationary period or not. Councilman Miller stated the function of government is to employee people to provide necessary services. He has seen CETA Programs, in the past, where positions have been created to employ people in jobs that are not as productive as they might otherwise be if they were full-time employees of the City. Council- man Miller stated he questions the function o£ government in terms of, are we here to provide services to the people or create jobs, and for that reason will vote no on the motion. Mrs. Anne Monroe spoke in opposition to the City getting involved in the CETA Program. ils Bakersfield, California, May 9, 1979 - Page 10 Councilman Miller offered a substitute motion that action on the CETA Program be deferred until the Council can obtain a copy of the Government Accounting Office's report on the Assessment of the CETA Program. After considerable discussion the substitute motion failed ~to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Miller, Payne Councilmen Barton, Means, Councilman Ratty Strong Abstaining: Councilman Christensen Councilman Means' motion that the City proceed with the CETA Program based on Option No. 3 contained in the report, was approved by the following roll call vote: Ayes: Noes: Councilmen Barton, Means, Payne, Strong Councilman Miller Absent: Councilman Ratty Abstaining: Councilman Christensen Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 1-79 regarding Proposed Ordinance for Warner Cable T.V. Franchise, as follows: This Committee has met to discuss the proposed Franchise Ordinance for Warner Cable T.V. to operate within the City limits. Before the Committee would recommend an ordinance to the Council, we would like to have it reviewed by the Cable Television Information Center which is a nonprofit organization located in Washing- ton, D.C., whose purpose is to assist and provide information to local governments and others regarding Cable T.V. matters. The General Counsel of this organization is going to be on the West Coast the latter part of this month and has agreed to come to Bakers- field to review and comment on the ordinance. As they are experts in this field, we feel it would be in the best interests of the City to have this review. Warner Cable has agreed to share this expense on a fifty-fifty basis. The City's share should not exceed $300 and we would request the Council authorize a transfer from the Contingency Account. The expense includes travel cost to come to Bakersfield and professional fees to review the ordinance. 119 Bakersfield, California, May 9, 1979 - Page Mayor Hart stated that due to a real or imaginary con- flict of interest he would yield the Chair to Vice-Mayor Barton. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 1-79 regarding Proposed Ordinance for Warner Cable T.V. Franchise, was accepted; and Budget Transfer from the Council Contingency Account, in the amount of $300.00, for travel cost and professional fees to review the ordinance, was approved. City Manager Bergen read a report regarding Taxi Cab Rate Increase Request, as follows: The Council has referred to the staff a request from Michael R. Murphy regarding an increase in taxi cab rates. The letter requested an increase in the flag drop rate from $.80 to $1.20, rate per mile thereafter from $.70 to $.90 and the hourly rate for waiting time from $6.00 to $9.00. No other increases in the rate structure were requested. The staff has met with representatives and drivers from the two companies operating within the City. At their meeting, their rate increase request was modi£ied to $1.00 for the flag drop and $1.00 per mile thereafter. It should be noted the last rate increase granted was in 1975, about four years ago. As an indication of cost increases, the attached schedule relating to gasoline is submitted for the Council's information. Also attached is a survey of taxi rates in selected California cities in the San Joaquin Valley or nearby. It would appear the requests are in line with these other cities. For the Council's in£ormation, effective January l, 1977, the drivers no longer operated as employees of the cab companies. They now lease the vehicles paying a daily fee and also pay for their own gas. Based on the taxi cab rates in other communities and cost increases in fuel, it appears the requested rate increase is reasonable. The staff recommends the City Council give con- sideration to this rate adjustment and action be taken at the Council meeting of May 16. This one week interval will allow time for public comment and input. Bakersfield, California, May 9, 1979 - Page (d) , (e), The (b) (c) (d) (e) (f) (g) (h) (i) ~on (f), CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 5168 to 5255, inclusive, in the amount of $491,414.32. Claim for Damages from Montgomery Drilling Company, P.O. Box 2508, Bakersfield. (Refer to City Attorney) Claim for Insurance Caldwell. Damages from Oregon Mutual Company on behalf of Sims (Refer to City Attorney) Corrected Grant Deed from Developers Financial Corporation for minor bearing and distance errors in the boundary of the sump located within Tract No. 3972. Maps of Tract Nos. 3947 and 3948 and Improvement Agreements with Community Construction for construction of improve- ments therein, located north of Panama Lane, west of Akers Road. Application for Encroachment Permit from Sam Sarullo, 3005 Roanoke Court, for construction of a l0 foot high retaining wall along rear of property approximately 7 foot from curb on Columbus Street and a 6 foot high masonry and wrought iron fence along back of sidewalk at 3005 Roanoke Court. Plans and Specifications for construction of Traffic Signals at 21st and Oak Streets and Pierce Road and Gilmore Avenue, and modifications to add mast-arm signal indications along Chester Avenue at 18th, 19th, 20th and 21st Streets. Contract Change Order No. i to Contract No. 79-21 with Dean Clark for construction of Basketball Court Lighting and Security Lighting at Lowell Park. This Change Order would combine the service wiring for the Court Lighting with the Maintenance Shop Building at Lowell Park and increases the contract price from $17,197 to $23,583. Agreement with Robert and Elizabeth Birch- field for covenants and restrictions on real property and for specific performance. Provides required parking for new office building and detail shop at 27th and "K" Streets. a motion by Councilman Strong, Items (a), (b), (c), (g), (h) and (i) of the Consent Calendar, were Bakersfield, California, May 9, 1979 - Page 13 121 adopted by the following roll call Ayes: Noes: Absent: vote: Councilmen Barton, Christensen, Means, Payne, Strong None Councilmen Miller, Ratty DEFERRED BUSINESS Adoption of Ordinance No. 2497 New Series of the Council of the City of Bakersfield changing the name of a portion of Arlana Street to Chester W. Nimitz Street. Upon a motion by Councilman Means, Ordinance No. 2497 New Series of the Council of the City of Bakersfield changing the name of a portion of Arlana Street to Chester W. Nimitz Street, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Means, Payne, Strong None Councilmen Miller, Ratty Adoption o£ Ordinance No. 2498 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 3279 through 3311 Chester Lane. This amendment to the Zoning Ordinance was initiated by the Planning Commission and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2498 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 o~ Bakersfield commonly known as 3279 through 3311 Chester Lane, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Barton, None Councilman Ratty Councilman Miller Christensen, Means, Payne, Strong 122 Bakersfield, California, May 9, 1979 - Page 14 Adoption of Ordinance No. 2499 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of Hughes Lane and Fairview Road. The St. Clair and home) Zone to application for this amendment was made by Frank would change subject property from an MH (Mobile- an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2499 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of Hughes Lane and Fairview Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Strong Noes: None Absent: Councilman Ratty NEW BUSINESS First reading an 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. 2 Annexation and changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Real Road, and north of the westerly extension of Verde Street. This ordinance would zone upon annexation those certain properties in the County of Kern located on the west side of Real Road and north of the westerly extension of Verde Street, to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone, and would change a parcel of property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone. 123 Bakersfield, California, May 9, 1979 - Page 15 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. 2 Annexation and changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Real Road, and north of the westerly extension of Verde Street. First reading of an Ordinance amend- ing Title Seventeen o£ the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south- west corner of Hughes Lane and Fairview Road. The application for this amendment was made by Challenge Builders, Inc., and would change subject property from an MH (Mobilehome) Zone to an R-1 (One Family Dwelling), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner o£ Hughes Lane and Fairview Road. Adoption of Resolution No. 38-79 of the Council of the City of Bakers- field initiating proceedings for annexation and ordering the terri- tory designated as Proceeding No. 683, Annexation No. 277 (Kern River No. 7) annexed to the City of Bakers- field. This is an uninhabited annexation with 100% consent of the landowners. Therefore, no hearing is necessary before adoption of this resolution annexing Kern River No. 7 to the City of Bakersfield. Upon a motion by Councilman Payne, Resolution No. 38-79 of the Council of the City of Bakersfield initiating proceedings for annexation and ordering the territory designated as Proceeding 124 Bakersfield, California, May 9, 1979 - Page 16 No. 683, Annexation No. 277 (Kern River No. 7) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Strong Noes: None Absent: Councilman Ratty Adoption of Resolution No. 39-79 fixing the time of Meetings of the Council of the City of Bakersfield during the months of May, June, July, August and September, 1979. Upon a motion by Councilman Christensen, Resolution No. 39-79 fixing the time of Meetings of the Council of the City of Bakersfield during the months of May, June, July, August and September, 1979, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Strong Noes: None Absent: Councilman Ratty Adoption of Resolution No. 40-79 of the Council of the City of Bakers- field approving the Kern County Federal Aid Urban Process and Program for the Bakersfield Urbanized Area and the Committee Cooperative Process for its implementation. On November 29, 1976, the Council approved the City's Federal Aid Urban (FAU) Process and Program for the expenditure of funds on local street projects. The Program approved, at that date, complied with the requirements of the Federal Highway Act of 1976. The Federal Highway Act of 1978 continues the Federal Aid Urban (FAU) System and Program and this resolution will confirm the projects the City will construct under this program. All projects in the 1978 FAU Program are in the City's 5-Year Capital Improvements Programs. Upon a motion by Councilman Means, Resolution No. 40-79 of the Council of the City of Bakersfield approving the Kern County Federal Aid Urban Process and Program for the Bakersfield Urbanized Bakersfield, California, May 9, 1979 - Page l? 125 Area and the Committee Cooperative Process for its implementation, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Means, Miller, Payne, Strong Noes: Absent: None Councilman Ratty HEARINGS This is the time set for continued public hearing before The Council for consultation with and Confer Sessions. Councilmen Barton, Christensen, Means, Miller, Payne, Strong None Councilman Ratty EXECUTIVE SESSION recessed to an Executive Session at 9:50 P.M. the City's Labor Negotiator regarding Meet Ayes: Noes: Absent: the Council for hearing protests by persons owning real property within territory designated as "Pacheco No. 9," proposed to be annexed to the City of Bakersfield. This hearing was duly advertised and the property owners were notified as required by law. This hearing was continued from the Council Meeting of April 25, 1979. This is an uninhabited annexation containing 216 + acres of land located in the vicinity of Pacheco Road and South "H" Street. A protest amounting to 73% of the assessed valuation of the land and improvements has been filed by Atlantic Richfield Company, 4121 South "H" Street. Upon a motion by Councilman Barton, Resolution No. 41-79 of the Council of the City of Bakersfield declaring that a majority protest has been made to the annexation of "Pacheco No. 9," pro- posed to be annexed to the City of Bakersfield and terminating said. annexation proceedings, was adopted by the following roll call vote: 126 Bakersfield, California, May 9, 1979 - Page 18 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Strong, the meeting was adjourned at 11:07 P.M. Calif. ATTEST: CITY C~K a~~cio Clerk of the Council of the' City of Bakesfield, California ma Bakers£ield, California, May 16, 1979 1 27 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 16, 1979. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of AllegSance and Invocation by Director of Public Works Dale Hawley. Present: Mayor Hart The City Clerk called the roll as follows: (seated at 9:00 P.M.). Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Absent: None Minutes of the regular meeting of May 9, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Ms. Ann Ruhwedel, ASB President of Garces Memorial High School, presented a proposal for the relocation of the Father Garces statue to the Garces High School property on the corner of Union Avenue and Columbus Street. Councilman Payne suggested she reappear before the Council at a time when she could get a commit- ment regarding £inancing the move and someone to take on that task, and at that time the Council might be in a better position to make a determination. Mr. Dennis Sibert, 809 Del Rey Court, presented a letter from residents on Del Rey Court and Charter Oaks Avenue requesting abandonment of public access from California Avenue to Del Rey Court by removing a three foot high gate from the wall at the north end of the cul-de-sac and raising the present concrete block wall to a uniform six foot height. Mrs. Helen Kuss, 816 Del Rey Court, addressed the Council in support of this request. Councilman Christensen made a motion to turn the matter over to the Planning Commission for their consideration. City Attorney Hoagland stated the Council can authorize the building of the fence, to specifications, at the property owners' expense. Councilman Christensen withdrew his motion. 128 Bakersfield, California, May 16, 1979 - Page 2 Public Works Director Hawley suggested the signature of the one property owner who did not sign the petition be obtained by the other property owners, and the changes in the construction of the wall are not the responsibility of the City. Upon a motion by Councilman Miller, the citizens were authorized to secure the gate, construct a wall consistent with the existing masonry, close the opening in the fence consistent with the existing masonry, all to be at the expense of the citizens and to be per code, with the City staff to assist in drawing up plans and specifications as needed. Mrs. Ann Monroe, 3991 Marella Way, addressed the Council regarding the refuse collection charge of 1972 and read a copy of a memorandum from the former Finance Director to the City Manager regarding an August 13, 1976 letter from Mr. Walter Monroe. Councilman Christensen requested that the portion of the tape of the City Council Meeting of May 9, 1979 be played in order to determine City Attorney Hoagland's statement regarding the refuse charge billings of 1972. Mr. Bob Ashbeck, representing the Community Access Network, a State of California organization, discussed the handi- capped access laws and standards and their application by the State of California, particularly relating to the denial of access to handicapped persons by commuter airlines. He stated thirteen per cent of the Bakersfield population is orthopedically handi- capped and denied access to commuter aircraft. Councilman Means indicated there is a potential to make a case that United Airlines was providing essential service based on being able to provide access to handicapped persons and could not withdraw until there was another airline with equipment similar to United's and madeamotion that the Council send a letter to the Civil Aeronautics Board addressing this specific point. Bakersfield, California, May 16, 1979 - Page 3 129 Councilman Means restated his motion that the Council send a letter to the CAB, after notifying the County of Kern about our intentions to determine if they would like to join with us, addressing the specific issue about the law defining essential service and asking for a reply regarding this specific item. Councilman Miller offered a substitute motion instructing the City's Legal Department to get together with the County offices and send a telegram to the CAB bringing to light the information stated here this evening. City Attorney Hoagland pointed out that we are taking direction from the attorneys in Washington, D.C. and it would not be appropriate to intervene at this point. Councilman Miller amended his substitute motion instructing the City Attorney to contact the County Counsel and do whatever is appropriate in regard to communicating with the attorneys in Washington. This motion carried unanimously. Vice-Mayor Barton called a recess at 8:55 p.m. The meeting reconvened at 9:05 p.m., and a portion of the tape of the meeting of May 9 was played, as requested by Councilman Christensen. Councilman Means recognized Mr. Keith Thompson, 45 Myrtle Street, who stated he felt the present garbage charge was as fair as it could possibly be, as he was not in favor, as a homeowner and taxpayer, of using his tax money to give business houses a free ride for garbage service. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Yvonne Kramer, 2121 California Avenue, #11, a taxi cab driver, received May 16, 1979, requesting a rate increase, was received and placed on file. Upon a motion by Councilman Means, communication from Corrine Jones, 1911 Flower Street, #F, received May 16, 1979, requesting taxi cab rate increase, was received and placed on file. 130 Bakersfield, California, May 16, 1979 - Page 4 Upon a motion by Councilman Ratty, communication from Elmer Lawson, 820 - 25th Street, received May 16, 1979, requesting taxi cab rate increase, was received and placed on file. COUNCIL STATEMENTS Councilman Payne stated he had learned before the meeting this evening of a fatal accident near Stockdale School. It was his understanding that a petition had been submitted to the City Council by residents of the Montalvo and Kroll Way area, and they had made a request for radar enforcement in that vicinity. He requested the City staff to research the files and supply him with a copy of the petition; also that the appropriate City agency make a study of the vicinity in question and determine if some type of traffic control or speed enforcement is warranted. Director of Public Works Hawley responded that the Public Works Department received a letter and a petition from property owners, dated October 5, 1978, a traffic count was made on November 3, 1978, and three different field studies were conducted. At that time that location did not meet the warrants for a two-way or a four-way stop sign or a traffic signal. This would be re- evaluated to determine if the situation has changed. Councilman Payne also requested the City staff to review the files and refer to him any petitions similar to this at any intersection in or around a public park or public school as soon as it is feasible for the staff to do so. Councilman Ratty presented a letter to Senator Hayakawa, Senator Cranston, Congressman Thomas, State Senator Stiern and State Assemblyman Rogers, seeking their help in obtaining federal funds to complete the Bakersfield Airpark planning study. Upon a motion by Councilman Ratty, Mayor Hart was requested to send this letter, over his signature, to the legislators named. Councilman Ratty announced his appointment of Harvey L. Hall, 1001 - 21st Street, to the Charter Review and Advisory Commission. 131 Bakersfield, California, May 16, 1979 - Page 5 Upon a motion by Councilman Miller, hearing on Appeal by Moreland Engineering, Inc. to the decision of the Planning Commission denying approval of Tentative Tract No. 4182 was with- drawn from the agenda, as requested by Moreland Engineering, Inc. Councilman Miller nominated Janice Banducci, 2419 Driller Street, to fill the unexpired term of Eugene Oldershaw to the Fire Department Civil Service Board, term expiring December 31, 1981. This nomination was unanimously approved. Councilman Payne requested a progress report regarding the Robert Coop Associates study of the Police Department conducted in 1978. City Manager Bergen stated an overview study was prepared and submitted to the Council, funds are budgeted, but no further action has been taken by the Council. Upon a motion by Councilman Strong, Mayor Hart's request for a Budget Transfer in an amount not to exceed $1,000 for purchase of a replica of the Liberty Bell as a gift for Bakersfield's Sistel' City, Wakayama, Japan, at the dedication of their new Civic Auditorium was approved. EXECUTIVE SESSION Upon a motion by Councilman Barton, the Council recessed to Executive Session at 9:30 P.M. regarding matters pertaining to litigation. The Council reconvened at 10:10 P.M. REPORTS City Attorney Hoagland gave an oral report on provisions of the City Charter as they apply to the appointment of officials and employees, including disciplinary action. City Manager Bergen stated some assumptions made in preparing the Preliminary Budget have changed; it would be worth the delay in completing the Preliminary Budget for distribution to the Council by one week to ten days in order to incorporate these changes. This should make the Preliminary Budget available possibly 132 Bakersfield, California, May 16, 1979 - Page 6 by June i instead of by May 25. In any case it should be distributed during the first week of June. Director of' Fire & Community Development Services Needham suggested the City Council consider a visit to Fresno, accompanied by members of the Planning Commission, Redevelopment Agency, and certain staff members, to view their housing projects, industrial areas, and other redevelopment projects, at a date to be determined. CONSENT CALENDAR The following items were listed on the Consent (a) Allowance of Claims Nos. 5256 to 5483, inclusive, in the amount of $261,448.06. (b) Calendar: Claim for Damages from Automobile Club of Southern California on behalf of George and Elaine Slater, 2404 Scarborough Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Abbott Laboratories. (Refer to City Attorney) (d) (e) Petition to File Late Claim for Damages and Personal Injuries from Orphelinda Molina, 3301Kaibab Avenue, Bakersfield. (Refer to City Attorney) Petition to File Late Claim for Damages and Personal Injuries from Edward Molina, 3301Kaibab Avenue, Bakersfield. (Refer to City Attorney) (f) Street Right-of-Way Deed from Loma Vista Construction, Inc., for additional right- of-way for Fairview Road as required for Tract No. 4131, located east of Hughes Lane. (g) Grant Deed from Challenge Builders, Inc., providing drainage sump for Tract Nos. 4131 and 4149, located between Pacheco Road and Fairview Road, east of Hughes Lane. (h) Street Right-of-Way Deed and Grant Deeds for Ingress & Egress and Sewer Easement from R. E. Loechel and Donna L. Loechel, providing additional dedication along Brundage Lane, a cul-de-sac at the end of Roosevelt Street, and a Sewer Easement and Ingress & Egress Easement as required for Parcel Map No. 5102, located south of Brundage Lane and west of Oleander Avenue. 133 Bakersfield, California, May 16, 1979 - Page 7 (i) .... ~ v~ **~ ,,u. o~ B and improvement Agreement with Developer's Management Services, Inc., for construction of improvements therein, located south of Pacheco Road, between Akers Road on the east and Farmers Canal on the west. (J) Map of Tract Nos. 4131 and 4149 and Improvement Agreements with Challenge Builders, Inc., for construction of improvements therein, located between Pacheco Road and Fairview Road, east of Hughes Lane. (k) Map of Tract No. 4169 located at the southeast corner of New Stine Road and Demaret Avenue. Improvements have been constructed. (i) Improvement Agreement with Martin W. Barnes for construction of Water Main Improvements at 5700 Stine Road to pro- vide water for consumption and fire protection. (m) Notice of Completion and Acceptance of Work for: Tract No. 3887 B, Contract No. 78-155 with Tenneco Realty Development Corpora- tion, located at Ming Avenue and Ashe Road. Pavement Improvements on portions of Ashe Road, Fairfax Road and Panorama Drive, Contract No. 79-53 with Griffith Company. (n) Application for Encroachment Permit from Gannon Enterprises, 4101 Union Avenue, for installation and maintenance of a sprinkler system and lawn within right- of-way of Manor Street and Panorama Drive adjacent to Tract No. 3879. (o) Lease Agreement with the Downtown Business Association whereby City will lease space for.storage of Christmas Tree Lights used annu~ly to decorate City streets. The lease is for $20.00 per month for necessary space and location will be designated by Director of Fire & Development Services from time to time as necessary. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (i), (m), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None 134 Bakersfield, California, May 16, 1979 - Page 8 DEFERRED BUSINESS Adoption of Ordinance No. 2500 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Hughes Lane and Fairview Road. The application for this amendment was made by Challenge Builders, Inc., and would change subject property from an MH (Mobilehome) Zone to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2500 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Hughes Lane and Fairview Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Adoption of Ordinance No. 2501 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakers- field, regarding property known as Real No. 2 Annexation and changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Real Road, and north of the westerly extension of Verde Street. This ordinance would zone upon annexation those certain properties in the County of Kern located on the west side of Real Road and north of the westerly extension of Verde Street, to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone and would change a parcel of property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Bakers£ield, California, May 16, 1979 - Page 9 135 Upon a motion by Councilman Payne, Negative Declaration and Ordinance NO. 2501 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Real No. 2 Annexation and changing the Land Use Zoning of that certain property in the City of Bakersfield located on the west side of Real Road, and north of the westerly extension of Verde Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None NEW BUSINESS Adoption of Ordinance No. 2502 New Series of the Council of the City of Bakersfield amending Section 7.52.190 of the Municipal Code concerning Taxi Cab Rates and Fares. A report from the City Manager was presented to the Council at last week's meeting. This amendment adjusts the rates and fares charged the public by taxi cab carriers in the City of Bakersfield. Mr. Michael Murphy, representing the taxi cab drivers of Bakersfield, addressed the Council in justification of the rate increase. Upon a motion by Councilman Strong, Ordinance No. 2502 New Series of the Council of the City of Bakersfield amending Section 7.52.190 of the Municipal Code concerning Taxi Cab Rates and Fares, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None 136 Bakers£ield, California, May 16, 1979 - Page l0 Approval of Final 1979-80 Community Development Block Grant Application and Three-Year Plan for submittal to the Department of Housing and Urban Development. All State and Area-Wide Clearinghouse comments have been received and made a part of the Final Application. At this time the Final Application is to be submitted to HUD for their review by May 18, 1979. Upon a motion by Councilman Strong, Final 1979-80 Community Development Block Grant Application, was approved, and the staff was authorized to submit the Final Application to the Department of Housing and Urban Development for their review. Adoption of Resolution No. 42-79 of the Council of the City of Bakers- field approving an Agreement with the County of Kern and Carpenters' Local 743 for Housing Rehabilitation within the City. The City as part of the Community Development's Home Improvement Program is coordinating resources with the County of Kern CETA Prime Sponsor and the Carpenters' Local #743 to promote and serve the elderly, handicapped and low-income owner-occupants to make needed minor home repairs. Material will be made available through Community Development Funds; labor will be paid by the CETA Program and work by the Carpenters' Local. Upon a motion by Councilman Strong, Resolution No. 42-79 of the Council of the City of Bakersfield approving an Agreement with the County of Kern and Carpenters' Local 743 for Housing Rehabilitation within the City, with a report back to the Council as to the administration and results of this program, was adopted by the Ayes: Noes: £ollowing roll call vote: Councilmen Christensen, Means, Miller, Payne, Strong, Barton None Ratty, Absent: None Bakersfield, Cali£ornia, May 16, 1979 - Page 11 137 Approval of 1979-80 Domestic Water Enterprise Operating and Capital Outlay Budget and Transfer of Kern River Water Revolving Funds to be used on Capital Improvements. This budget was approved by the Water Board on May 2, 1979 and submitted to the Council at the meeting of May 9, 1979 for Council consideration. Upon a motion by Councilman Barton, the 1979-80 Domestic Water Enterprise Operating and Capital Outlay Budget and Transfer of Kern River Water Revolving Funds to be used on Capital Improve- ments were approved. HEARINGS This is the time set for public hearing regarding approval of Environmental Impact Report for Segment 1 and Negative Declarations for Segments 3 and 4 and Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerning those properties commonly known as: Segment I Segment 3 Approximately 70 acres of vacant land located northerly of Bernard Street, southerly of Freeway 178 and west of Oswell Street. (Medium Density Residential to Commercial) Approximately 7 acres o£ land located on the northwest corner of Real and Wilson Roads. (Medium Density Residential to Commercial) Segment 4 Located on east side of Olive Street, between Palm Street and Dracena Street. (Low Density Residential to Professional Office) This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission reviewed the Final EIR on Segment 1 of the proposed General Plan Amendment and recommended certifi- cation by the City Council. The proposed amendment, which is the subject of this hearing, was approved by the Planning Commission, after a public hearing on April 8, 1979, and recommended for adoption by the City Council. 138 Bakersfield, California, May 16, 1979 - Page 12 pation. Mayor Hart declared the hearing open for public partici- Mr. John Brock, representing East Bakersfield Associates, requested the Council to grant a 60-day continuance of this hearing, with respect to action on Segment 1. Councilman Miller moved that a 60-day continuance of the hearing, with respect to Segment 1, be granted. Councilman Christensen questioned whether it it true that a delay or no action on a denial of amending the Land Use Element for Segment i would mean that the May Company would drop their interest in locating in a downtown shopping center. Directo:r of Fire and Development Services Needham stated this was his understanding. Mr. John Brock expressed his support of the downtown center. Mr. Daniel W. Donahue, President of John S. Griffith and Company of Irvine, California, expressed concern, both as a developer and as a department store entity, that the local market cannot support at this time nor in the foreseeable future two shopping centers in excess of 750,000 to 800,000 square feet. After considerable discussion, Councilman Means offered a substitute motion to delay action on Segment 1 for two weeks. He withdrew his motion when the staff expressed the opinion that a 60-day delay would be reasonable. Following discussion, Councilman Ratty made a substitute motion to deny the Amendment to the Land Use Element of the General Plan of Segment 1. Councilman Christensen stated that although he did not oppose an eastside shopping center, he felt priority should be given to the downtown center development. Councilman Ratty withdrew his motion to deny the Amend- ment to the Land Use Element with respect to Segment 1. Bakers£ield, California, May 16, 1979 - Page 13 139 Councilman Miller's motion to grant a 60-day continuance of'.the hearing with respect to Segment i was lost by the following roll call vote: Ayes: Councilmen Miller, Payne, Strong Noes: Councilmen Christensen, Means, Ratty, Barton Absent: None Mr. John Brock, East Bakersfield Associates, expressed his disappointment in the CouncJl's decision. Mr. Harry Tow, Quad Consultants, in response to a question from Councilman Miller, stated an EIR does not take the position o£ being either in favor of or opposed to a project; the function of an EIR is only to provide all the factual data possible. Responding to a question posed by Councilman Strong, Mr. Mel Tooker, member of the City's Planning Department staff, explained the Council could amend the General Plan only three times in any one year, in April, August and December. No further protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 43-79 of the Council of the City of Bakersfield making findings and denying Segment i of a proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Ratty, Barton Noes: Councilmen Miller, Payne, Strong Absent: None Mayor Hart declared the hearing regarding Segment 3 (approximately 7 acres of land located on the northwest corner of Real and Wilson Roads) open for public participation. Mr. Dean Gay, representing the owners of the property, responded to a question by Councilman Ratty stating that the owners 140 Bakersfield, California, May 16, 1979 - Page 14 would be willing to participate in one-fourth of the cost of the signals at that intersection and would hope to get the owners of the other corners to participate in the cost. Mr. Arthur Knight, representing the R-1 neighborhood along Gentry Avenue, which is behind this proposed development, stated the residents would like to see a commercial center put in this location. No protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Payne, Resolution No. 44-79 of the Council of the City of Bakersfield making findings and approving Segment 3 of a proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Strong, Barton Noes: None Absent: None Mayor Hart declared the hearing regarding Segment 4 (located on east side of Olive Street, between Palm and Dracena Streets) open for public participation. No protests or objections being received and no one speaking in favor, the public portion of the for Council deliberation and action. Upon a motion by Councilman Ratty, hearing was closed Resolution No. 45-79 of the Council of the City of Bakersfield making findings and approving Segment 4 of a proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Miller, Ratty, Strong Noes: Councilmen Means, Payne, Barton Absent: None Bakersfield, California, May 16, 1979 - Page 15 141 This is the time set for public hearing regarding approval of Negative Declaration and Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerning that certain property commonly known as: Segment 3 Located north of Pacheco Road, between State Freeway Route 99 and Hughes Lane. (Industrial to Medium Density Resi- dential and Commercial) This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission, after a public hearing held April 18, 1979, recommended that the City Council deny the proposed Amendment to the General Plan. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Resolution No. 46-79 of the Council of the City of Bakersfield making findings and denying a proposed Amendment to the Land Use Element of the Bakers-- field Metropolitan Area General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Barton Noes: None Absent: Councilman Strong This is the time set for public hearing before the Council on Resolution of Intention No. 943 of the Council of the City of Bakersfield, declaring its intention to order the abandon- ment of vehicular access rights from Lots 3 and 6 o£ Tract 2963 to New Stine Road in the City of Bakersfield. This hearing has been duly posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. 142 Bakersfield, California, May 16, 1979 - Page 16 Upon a motion by Councilman Means, Resolution No. 47-79 of the Council of the City of Bakersfield ordering the vacation of vehicular access rights in Lots 3 and 6 of Tract 2963 to New Stine Road in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty, Barton Noes: None Absent: Councilman Strong City Manager Bergen announced that a Mr. Vaca of Senator Alan Cranston's office reserved the Council Chambers from 2:00 to 5:00 P.M. on Wednesday, May 23, and will be available to talk with anyone who is interested and invited members of the City Council to attend. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 12:12 A.M. MAYO field, Calif. ATTEST: oCliTrY e c~.RK ~and_ _Ex_~o Clerk of the Council lty of Bakersfield, California mp 143 Bakersfield, California, May 30, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 30, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Means, Miller, Payne, Ratty, Strong (seated at 8:05 P.M.), Barton, Christensen Absent: None Minutes of the regular meeting of May 16, 1979 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Jim Bozarth, Pacific Gas & Electric Company, commended the employees of the City of Bakersfield, especially the Public Works Department, for their efforts towards energy conservation. Mr. Bozarth presented a booklet to the Director of Public Works entitled "Energy Management Program for Local Government." The booklet contains a step-by-step analysis and survey of the existing energy usage patterns and energy-using equipment operated by the City. After this analysis and survey, it recommends certain action plans to be carried out by City employees. Mr. Richard Henderson, Mr. John Farrer and Mr. Sidney Chapin, representing the Kern Philharmonic, requested financial support from the City of Bakersfield. Councilman Christensen made a motion that the request from the Kern Philharmonic for financial support from the City of Bakersfield, be referred to the Budget Review and Finance Committee for study and recommendation back to the Council during budget deliberations. Councilman Means offered a substitute motion that the request from the Kern Philharmonic for financial support from the City of Bakersfield be referred to the Auditorium-Recreation 144 Bakersfield, California, May 30, 1979 - Page 2 Committee for study and recommendation back to the Council. The substitute motion was unanimously approved. Mrs. Edna Buster, 2009 California Avenue, objected to being billed on the tax bill for garbage pickup because her gardener picks it up and she has no need for this City service. Mrs. Anne Monroe, 3991 Marella Way, asked a question about obtaining financial support from the City for sports. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Richard C. Bailey, Director of the Kern County Museum, dated May 17, 1979, requesting the Council approve the placing of a historical plaque commemorating the location of the original site of the courthouse in Bakersfield, was received, placing of the plaque on the present building, was approved and referred to staff to work out details. Upon a motion by Councilman Barton, communication from Golden Empire Transit, dated May 22, 1979, submitting their pro- posed budget for Fiscal Year 1979-80 and notification of public hearing on said budget, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Claude M. Bentz, PhD., President of the Kern Child Abuse Prevention Council, Inc., dated May 22, 1979, requesting appointment of a person to serve as Co-Chairperson on an ad hoc committee of the Child Abuse Council, was received and authorization granted to appoint Sergeant Irma Carson of the Police Department to said committee. Upon a motion by Councilman Barton, communication from Sunil R. Lahiri, M.D., Medical Oncology Center of Bakersfield, dated May 23, 1979, requesting an amendment to the General Plan for a medical and/or professional office use located at 500 and 518 - 33rd Street, was received and referred to the Planning Commission for study and recommendation. 145 Bakersfield, California, May 30, 1979 - Page 3 Upon a motion by Councilman Ratty, communication from Kern Refuse Disposal, Inc., 1808 Roberts Lane, dated May 21, 1979, requesting a 10% rate increase as of July l, 1979, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Christensen, communication from the Atchison, Topeka and Santa Fe Railway Company, dated February 21, 1979, requesting vacation of Robinson Street and alleys southerly of Sumner Street, easterly of Gage Street, northerly of East 21st Street and westerly o£ Miller Street, was received and[ referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Upon a motion by Councilman Ratty, public hearing before the Council on an Appeal by Nilajean Raper, et al, to the decision of the Board of Zoning Adjustment approving Doug Thompson Construction's application for a Conditional Use Permit to allow the construction of a 15 unit apartment complex in an M-1 (Light Manufacturing) Zone on that certain property in the City of Bakers- field commonly known as 400 - 28th Street, was continued until the Council Meeting of Wednesday, July 25, 1979, by the following roll call vote: Ayes Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes None Absent: None Councilman Ratty stated that if anyone in the audience would like to receive notification of this continued hearing on an appeal by Nilajean Raper, et al, to please sign their name and address on the sheet of paper the Clerk has placed on the podium. Councilman Ratty announced that he appointed Marty Scott, Route 6, Box 44, to the California Avenue Park Neighborhood Facility Citizens Advisory Committee. 146 Bakersfield, California, May 30, 1979 - Page 4 Adoption of Emergency Ordinance No. 2503 New Series of the Council of the City of Bakersfield amending Section 14.40.040 (a) of the Munici- pal Code. Councilman Barton stated there was a mix-up in Pauly School P.T.A.'s application for a Fireworks Permit and it was received after the deadline. Councilman Barton made a motion that the Fireworks Permit application deadline for Pauly School P.T.A. be waived and if all other requirements are met that they be granted said permit. This motion was unanimously approved. City Attorney Hoagland advised the Council that the dates for receiving Fireworks Permit applications are from March 15 to May 15, as set forth in the ordinance, and that ordinance does not contain a provision for waiving the deadline. The Council could adopt an Emergency Ordinance that would add a clause whereby the time elements could be waived. Upon a motion by Councilman Barton, the Council rescinded the action waiving the deadline for a Fireworks Permit application from Pauly School P.T.A. Upon a motion by Councilman Barton, Emergency Ordinance No. 2503 New Series of the Council of the City of Bakersfield amending Section 14.40.040 (a) of the Municipal Code, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None Councilman Payne reported that at the Council Meeting of May 16, 1979, he requested the staff to furnish him with copies of any petitions from residents requesting special or additional traffic devices in or around public schools and parks. The staff furnished that information as follows: 1. Intersection of Stockdale Highway and E1 Rio Drive. Current studies indicate that traffic signals are warranted. Signals 147 Bakersfield, California, May 30, 1979 - Page 5 o are now being designed by a consultant and funding has been requested in the 1979-80 Capital Improvement Budget for construction. Intersection of Kroll Way and Montalvo Drive. A traffic study was completed November 3, 1978 and at that time it indi- cated that that location did not warrant additional protection. This intersection is being re-evaluated to determine if the situation has changed. On at least three occasions in the past two weeks there have been City personnel at that location con- ducting a study. They are doing everything possible to reach a solution that is satisfactory to everyone. REPORTS Director of Fire and Development the following letter from the May Company, into the record: Services Needham read dated May 23, 1979, Mr. Daniel W. Donahue President John S. Griffith & Co. P.O. Box C 19525 Irvine, California 92713 Re: Bakersfield, California Dear Dan: I am delivering to you concurrently with and subject to this letter, a letter dated May 18, 1979 which summarizes our understanding con- cerning the proposal you have made for May's occupancy in the proposed downtown Bakersfield regional shopping center. We had delayed delivery of such letter pending evidence of supportive action by the City for the revitalization of the downtown retail core. We have found such evidence in the City Council's action of May 16, 1979. As you are aware from our repeated conversations with you and various city officials, our continued interest in the urban renewal project is based in material part upon our anticipation that such support will continue and of the unfailing dedication of the City to rehabilitation and protection of its downtown retail area. Our willingness and desire to take part in re- newing the retail vigor of downtown Bakersfield must of necessity be dependent upon the viability of the project and of our store. So that no one be misled as to the extent of our interest in your project, let me restate our firm opinion that neither the project nor 148 Bakersfield, California, May 30, 1979 - Page 6 our store can be successful if there be within the near future development of another regional center in the market area. Should such eventu- ality materialize we shall be free to terminate our negotiations with you, as indicated in paragraph 12 of the attached letter. We trust that all interested parties will continue to strive towards making downtown the retail hub of Bakersfield. In that endeavor you have our full support. Cordially, THE MAY DEPARTMENT STORES COMPANY by R. DEAN WOLFE Vice President Department Store Real Estate Councilman Miller asked what "near future" means in the fourth paragraph of the letter. Director of Fire and Development Services Needham stated he could not answer for the May Company, however, his interpretation is that it means within the period of time that they, in their opinion, think that it might endanger the retail capabilities of the downtown center. Councilman Miller stated he feels, to a certain extent, the City Council had abdicated some of its responsibilities with regards to creating an aura whereby an outside concern is dictating policies of the City and it upsets him. Councilman Ratty stated he does not fee~ they are dictating policy. They are being up front and telling us where they are at. Councilman Christensen stated he would like to see a positive answer secured rather than the term "near future." It is very difficult for everyone to have the same meaning as to what "near future" is. Director of Fire and Development Services Needham stated he would be happy to request May Company to submit a specific answer for the Council. Councilman Strong requested that the staff find out what the May Company means by "near future," specifically 1985, as mentioned by the development of the other shopping centers. 149 Bakers£~eld, C~l±forn±a, May 30, 1979 - Pgge 7 question became moot. resubmit the original changes in the E.I.R. Councilman Means stated he resents the comments of other Councilmen who have made this into a May Company versus Brock's. What John Brock has done is appreciated in this community. Com- paring local versus outside business should be referred to the Redevelopment Agency. The Redevelopment Agency made the recommenda- tions, it is made up of local businesses and they are well aware of what is going on. They are making the recommendations to the Council and he respects their judgments. Upon a motion by Councilman Means, communication from the May Company, dated May 23, 1979, regarding Bakersfield, California, was received and ordered placed on file. Councilman Payne requested Director of Fire and Develop- ment Services Needham to contact the May Company and Griffith Company and find out if they intend to abandon all plans for a Downtown Shopping Center in the event someone proposes a regional shopping center in the unincorporated area that surrounds the City. Councilman Miller asked City Attorney Hoagland if he investigated the question asked at last week's Council Meeting regarding the legal aspects of restraining of trade. City Attorney Hoagland stated he did not because the Mr. Brock has indicated that he plans to request for a General Plan amendment with Councilman Strong stated he thinks the question is very important because within the next 120 days another request for an amendment to the General Plan for a shopping center in the north- east could come before the Council. This request would be submitted long before the Council receives a firm commitment from Griffith Company. It is important that the Council consider their position on the proposed amendment in the near future. City Attorney Hoagland stated he would like to point out that what the Council is engaged in is a legal determination 150 Bakersfield, California, May 30, 1979 - Page 8 relative to a General Plan change. The City can be sued if the wrong reasons are given for turning something down. City Attorney Hoagland also stated he would like to discuss, with the Council at some future date in Executive Session, the possibility of litigation. CONSENT CALENDAR The (a) (b) following items were listed on the Consent Allowance of Claims Nos. 5484 to 5660, inclusive, in the amount of $552,108.07. Grant of Sewer Line Easement from George Machado providing the City with necessary right-of-way to construct and maintain a sanitary sewer trunk line located along Panama Lane between Stine Road and South "H" Street. Calendar: (c) Sewer Easement from A & P Land Company, Inc., providing for sewer as required for tracts east and west of Hughes Lane, south of Pacheco Road. (d) Sewer Easement from Loma Vista Construc- tion providing for sewer as required for the tracts east and west of Hughes Lane, south of Pacheco Road. (e) Grant Deed from Regional Mortgage Company, providing for drainage sump as required for Tract No. 4017, located north of Planz Road and west of South Chester Avenue. (f) Improvement Agreement with Richard S. Moberg for Parcel Map No. 3930 for con- struction of improvements required by the Planning Commission. (g) Map of Tract No. 4050 and Improvement Agreement with Tenneco Realty Develop- ment Corporation for construction of improvements therein, located west of Ashe Road between Ming Avenue and North Half Moon Drive. (h) Map of Tract No. 4109 and Improvement Agreement with Tenneco Realty Develop- ment Corporation for construction of improvements therein, located north of White Lane between Ashe Road and South Half Moon Drive. (i) Notices of Completion and Acceptance of Work for: Tract No. 3944, Contract No. 77-174 with Tenneco Realty Development Corporation, located at Planz Road and Stine Road. Bakersfield, California, May 30, 1979 - Page 9 151 (J) (k) (1) (m) (n) Surfacing various streets in the Mayflower Addition, Contract No. 79-69 with Granite Construction Company. Application for Encroachment Permit from Gannon Enterprises, 4101 Union Avenue, for construction of masonry wall 6 foot high, 10 feet behind flowline of curb and gutter along west side of Jewett Avenue between 38th Street and 40th Street. Application for Encroachment Permit from Great Western Builders, Inc., 115 - 18th Street, for construction of a 12" to 18" retaining wall along east side of alley located east of Ashe Road and south of Herb Way. The wall will encroach 4" into alley right-of-way. Contract Change Order No. i to Contract No. 79-28 with Granite Construction Company for construction of various Storm Drains (Elm Street, Myrtle Street, "T" Street and Park Way). This Change Order will provide for reconstruction of the undamaged portion of Elm Street which remained after installation of a storm drain. The remaining pavement is in poor condition and should be replaced. This Change Order will add $14,674.36, increasing the total contract amount to $245,240.36. Contract Change Order No. 1 to Contract No. 79-53 with Griffith Company for Pave- ment Improvements on portions of Ashe Road, Fairfax Road and Panorama Drive. This Change Order is required to provide additional fill and base materials where existing grades were lower than antici- pated in the project design and will add $5,099.44, increasing the total contract to $97,637.44. Request from Pacific West Exploration Co., P.O. Box 476, Tehachapi, California, for permission to enter upon the City Munici- pal Farm to conduct geophysical work. This will be a vibroseis operation for Chevron Oil and no holes will be drilled or explosives used. The Public Works Department recommends approval of the request subject to the following: 1. Work to be completed within 90 days. Company will indemnify and hold City harmless from any claims as a result of this operation. Company shall be liable for any damages or inconvenience to farm lessee or construction work presently underway. 152 Bakersfield, California, May 30, 1979 - Page l0 (o) (p) (q) (r) Resolution No. 48-79 of the Council of the City of Bakersfield approving an Agreement securing Water Improvement Costs with Loffland Brothers. Request from Therese M. Quarles, 7604 Stockdale Highway #D, for amendment to the General Plan for commercial use near the northwest corner of Panama Lane and Wible Road. (Refer to Planning Commission for study and recommendation) Request from Jay Alvin Wheelan, Regional Mortgage Company, for amendment to the General Plan for commercial use at the northwest corner of Panama Lane and Wible Road. (Refer to Planning Commission for study and recommendation) Claim for Damages from Rita J. Dean, 5811 Wagner Street, Bakersfield. (Refer to City Attorney) Upon (d), (e), (f), (q) and (r) of roll call vote: a motion by Councilman Miller, Items (a), (b), (c), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), the Consent Calendar, were adopted by the following Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Ratty, bid of Colombo Construction Co., Inc., for construction of Corporation Yard Facility Unit "E" Parking Canopy, was accepted and Budget Transfer from the Council Contingency Fund to the appropriate account, in the amount of $7,500, was approved. Upon a motion by Councilman Strong, base bid of Albert C. Acosta Construction Company for construction of Virginia Avenue, Owens Street, South King Street and Potomac Avenue, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Bakersfield, California, May 30, 1979 - Page ll 153 NEW BUSINESS Approval of Agreement with Pacific Gas and Electric Company for re- location of underground electrical systems at proposed location of the new City Hall South Wing Addition. Upon a motion by Councilman Christensen, Agreement with Pacific Gas and Electric Company for relocation of underground electrical systems at proposed location of the new City Hall South Wing Addition at a cost of $8,786.00, was approved and the Mayor was authorized to execute same. Approval of Application for Encroach- ment Permit from Gulf Oil Corporation, for an oil well and related equipment on property being acquired by the City for the Truxtun Avenue Extension. This encroachment is for an oil well and related equip- ment on property being acquired by the City for the Truxtun Avenue Extension. Gulf Oil, the wel~ operator, is executing a quit claim deed to the City in exchange for an Encroachment Permit until pro- duction from the well ceases. The encroachment will not interfere with vehicular or pedestrian traffic on the proposed Truxtun Avenue, Extension. Upon a motion by Councilman Ratty, Application for Encroachment Permit from Gulf Oil Corporation, P.O. Box 1392, Bakersfield, for an oil well and related equipment on property being acquired by the City for the Truxtun Avenue Extension, was approved. Adoption of Resolution No. 49-79 of the Council of the City of Bakers- field authorizing the City Staff, in cooperation with the Golden Empire Transit District, to file through the Kern Council of Governments, an Application for Federal Department of Transportation funding for a Planning Grant for an Intermodal Transit Facility with associated parking. Director of Fire and Development Services Needham stated the staff was informed last Friday in a meeting with KERN COG and G.E.T. representatives that Federal funds are available for the 154 Bakersfield, California, May 30, 1979 - Page 12 planning and future downtown bus terminal and parking facility. The funding is available through the Department of Transportation under the Urban Initiatives Program. This application must be processed by KERN COG and submitted to the Department of Transporta- tion by June 15, 1979. This is not a commitment, it is just authorization to proceed with the application for funds. Upon a motion by Councilman Means, Resolution No. 49-79 of the Council of the City of Bakersfield authorizing the City Staff, in cooperation with the Golden Empire Transit District, to file through the Kern Council of Governments, an Application for Federal Department of Transportation funding for a Planning Grant for an Intermodal Transit Facility with associated parking, was adopted by the following roll call vote: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Ayes: Noes: None Absent: None HEARINGS This is the time set for public hearing before the Council on an Appeal by Mary Margaret and John Scott Johnson to the decision of the Board of Zoning Adjustment denying their request for Modification of an R-1 (One Family Dwelling) Zone to permit the elimination of the required off-street parking on that certain property commonly known as 2713 Renegade Avenue. This hearing has been duly advertised and the property owners have been notified as required by law. Mayor Hart declared the hearing open for public partici- pation. Mr. John Scott Johnson, the applicant, stated his property meets the requirements for the off-street parking, except for three feet, and he requested that the Council grant the modification. No protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, California, May 30, 1979 - Page 13 155 After discussion, upon a motion by Councilman Miller, Zoning Resolution No. 268 granting Modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit the elimina- tion of three feet of the required off-street parking on that certain property commonly known as 2713 Renegade Avenue, was adopted by the following roll call vote: Ayes: Councilmen Means, Miller, Payne, Ratty, Strong, Barton, Christensen Noes: None Absent: None ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 9:25 P.M. ATTEST: CITY a Officio Clerk of the Council of the City of ~kersfield, California ma 156 Bakersfield, California, June 13, 1979 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., June 13, 1979. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Absent: Mayor Hart. None Minutes of the regular meeting of May 30~ approved as presented. Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means 1979 were PRESENTATION OF RETIREMENT PLAQUE Mayor Hart presented a retirement plaque to Mr. Robert Porter, who completed 27 years of service with the Public Works Department of the City of Bakersfield, effective May 14, 1979. SCHEDULED PUBLIC STATEMENTS Mrs. Edna Buster, 2009 California Avenue, referred to a letter she sent to John R. Doty, Kern County Treasurer and Tax Collector, stated the garbage pickup charge has been deducted from her property taxes because she does not use this City service. Mrs. Buster stated she was present tonight to obtain answers to the questions asked at the Council Meeting of May 30, 1979, regarding the charge for garbage pickup. Mayor Hart requested Mrs. Buster to make an appointment with him for Tuesday, June 19, 1979, in order to discuss this problem in detail and possibly reach a solution. Mr. Jack Duncan, 527 Pheasant Avenue, spoke to the Council about the concept of CETA funding. Mrs. George Ming, 2119 Ming Avenue, President of the Kern County Historical Society, stated that under the sponsorship of the Kern County Historical Society the Father Garces Statue was dedicated to the people of Bakersfield and Kern County in a public ceremony on May 7, 1939, and they are very concerned about the 157 Bakersfield, California, June 13, 1979 - Page 2 present location of the statue. The Kern County Historical Society is requesting that no action be taken by the City, regarding the statue, without the participation of the Garces Memorial Statue Committee of the Kern County Historical Society. Councilman Ratty made a motion that the Council adopt the policy requested by the Kern County Historical Society that no action be taken by the City, regarding the Father Garces Statue, without their participation. Councilman Barton requested that Councilman Ratty amend his motion to include a direction to the City Attorney to investi- gate any legal ramifications that might have been included when the City accepted the gift of the statue. Councilman Ratty's amended motion that the Council adopt the policy requested by the Kern County Historical Society that no action be taken by the City, regarding the Father Garces Statue, without their participation and the City Attorney investigate any legal ramifications that might have been included when the City accepted the gift, was approved. Mr. Jerry Stafford, President of the Optimist Club, requested that the Council waive the filing deadline for an appli- cation for a Fireworks Permit. Mr. Gary McKibbin, President of the Downtown Lions Club, requested that the Council waive the filing deadline for an appli- cation for a Fireworks Permit. Upon a motion by Councilman Ratty, requests of the Optimist Club and Downtown Lions Club that the filing deadline for an application for a Fireworks Permit be waived,were granted. Councilman Ratty asked what the absolute time limit was to receive Fireworks Permit applications and still give the various departments time to conduct inspections. Director of Fire & Development Services Needham stated Fireworks Booths open for business on June 28, 1979, which is 158 Bakersfield, Cali£ornia, June 13, 1979 - Page 3 usually 6 or 7 days prior to July 4th. The Fire Department and Building Department would have to have at least 4 days before June 28th to make the proper inspections. CORRESPONDENCE Upon a motion by Councilman Barton, communication from B. J. Wattenbarger, 6313 Jennifer Street, dated June ll, 1979, regarding parking problems in the vicinity of the courthouse, was received and directed to be forwarded to the Kern County Board of Supervisors. Upon a motion by Councilman Means, communication from Donald M. Hart, Chairman of the Board of Trustees of the City of Bakersfield's Relief and Pension Fund for the Fire Department, dated June ll, 1979, requesting an increase for retirees, was received and referred to the Budget Review and Finance Committee for study and recommendation. (Later in the meeting this action was rescinded and the communication was referred to the Govern- mental Efficiency and Personnel Committee). COUNCIL STATEMENTS Councilman Christensen read a letter from a constituent regarding a problem as to who is responsible for taking care of 6 Cork Elm Trees located in the public right-of-way at 817 and 819 Kentucky Street. Councilman Christensen made a motion that the trees be removed. Director of Public Works Hawley stated he has not seen the trees, however, if in the opinion of the Public Works Depart- ment staff they are creating a problem to pedestrian or vehicular traffic the City will remove them. Councilman Means stated he could not support removing any trees in the City unless a report is made to the Council that it is necessary. After further discussion Councilman Christensen withdrew his motion to remove the trees with the understanding that the Public Works Department will investigate the problem. Bakersfield, California, June 13, 1979 - Page 4 159 Councilman Miller requested that the following questions be answered by the Director of Fire & Development Services by the Council Meeting of June 27, 1979: 1. I would like to see the financial analysis for the Downtown Mall. Ao Bo If the Griffith Company and May Company have made a decision that the Downtown Project is feasible and that the local market cannot support a second mall in conjunction with the Downtown area, exactly where is the documentation to support their findings and why hasn't such information been made public? I would like to see a cost breakdown of expenses undertaken by the City made public. (1) So far, how much has been expended? (2) The estimated cost to secure the land. (3) The projected cost £or construc- tion of parking facilities. (4) The expenses for relocation of downtown tenants. (5) The estimated cost of relocating traffic routes, street changes, utilities, and some documentation regarding which entity will bear the cost of rebuilding the free- way off ramps to accommodate flow of traffic. (6) What is the estimated revenue loss to other public districts, i.e. schools, etc., due to the creation of an essentially tax free island? (7) What are the projected lease rates and the difference between current and new rates which will affect local merchants. Exactly how much more will it cost them above current rents to be located in the new facility? Co In what way does the City propose to finance this project. In view of Proposition 13, what means does the City and the Redevelopment Agency propose to raise funds without burdening the taxpayers? Essentially, I would like to know exactly how much this project is going to cost the taxpayers of this City. 160 Bakersfield, California, June 13, 1979 - Page 5 2. I am also concerned about certain other aspects of this project. Certain areas are outside the proposed mall site. These areas are not within the bounds of the Redevelopment Agency juris- diction. If this section must be done separately, how long will it take to secure the property? What sort of time frame are we looking at with regard to the applica- tion of the E.I.R.s, etc. How much time will it take to acquire the land for the proposed site and what is the predetermined price for the land that will be sold to the developer. Upon a motion by Councilman Means previous actio~ under Correspondence, to refer a communication from Donald M. Hart, Chairman of the Board o£ Trustees of the City of Bakersfield's Relief and Pension Fund for the Fire Department, dated June ll, 1979, requesting an increase for retirees, to the Budget Review and Finance Committee for study and recommendation, was rescinded. Upon a motion by Councilman Means, communication from Donald M. Hart, Chairman of the Board of Trustees of the City of Bakersfield's Relief and Pension Fund for the Fire Department, dated June ll, 1979, requesting an increase for retirees, was received and referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Councilman Christensen asked if the staff had obtained an answer from the May Company regarding what they meant, in their correspondence presented to the Council at the meeting of May 30, 1979, by the term "near future." Director of Fire & Development Services Needham stated he discussed this matter, and also the question asked by Councilman Payne, with the developer and at this point in time an answer has not been received. Councilman Ratty stated the County of Kern is initiating action against the Civil Aeronautics Board for allowing United Airlines to pull out of Bakersfield leaving this area without adequate airline service. The funds the Council allocated towards Bakersfield, California, June 13, 1979 - Page 6 161 this action h~ebeen depleted. Councilman Ratty made a motion that the Intergovernmental Relations Committee take under advise- ment the City's participation, with the County of Kern, to help in their action against the C.A.B. to retain United Airlines service until such time as Bakersfield can receive adequate airline service to this area. This motion was unanimously approved. Councilman Ratty requested that two copies of the City of Bakersfield's Budget be placed in the library for public use. Councilman Ratty was informed that copies have already been placed in the library. REPORTS Councilman Ratty, Chairman of the Intergovernmental Relations Committee, presented Report No. 4-79 regarding Unification of Fire Services in Metropolitan Bakersfield, as follows: The purpose of this report is to capsulize the principal results of discussions which have recently occurred between representatives of the County of Kern and City of Bakersfield relative to the unification of Fire Services. These discussions have proven to be complex in nature and representatives of both the City and County legislative bodies and staffs have taken part in the disucssions. There are several reasons for the complexity which surrounds the issue of unifying Fire Services in the Metropolitan Bakersfield area. They are summarized, from the points of view of the parties involved, as follows: The legislative bodies have concerns which relate to control of and responsibility for Fire Services within their respective juris- dictions. This element of local control relative to policies concerning service levels is a significant matter and one which must be thoroughly evaluated and understood in any effort devoted to the unification of Fire Services. The public has obvious concerns relative to any adverse effects the unification could have on customary service levels. The public will also have concern relative to what agency will continue to provide Fire Services should a unification be implemented. Confidences have been established over the years and any change in the assignment of Fire Services' responsi- bility can only be accomplished when public concern is satisfied. A great need in 162 Bakersfield, California, June 13, 1979 - Page 7 approaching a successful unification of Fire Services will be a high degree of public review with resulting input. The Fire Services' employees have great concerns as to the impact a unification could have on their careers. These concerns manifest them- selves in terms of job retention, relative (City and County) salaries and employee benefits, and opportunities for advancements should a unification be implemented. The City and County Fire Departments have con- cerns which relate to methodology and organi- zation. The City Fire Department provides services in a relatively densely populated urbanized area while the County Fire Depart- ment provides services in both rural and urban areas. There are different points of emphasis which need to be reconciled if a unification in the Metropolitan area of Bakersfield is to be successful. These concerns of the parties involved in an effort to unify Fire Services do not offset the desirability of the goal. Instead, they identify the points that must be answered in managing a successful unification of Fire Services in the Metropolitan Bakersfield area. Metropolitan Bakersfield is an area of con- siderable and apparently, sustained growth. The City and County Fire Service areas have become more compacted, and this has led to many obvious duplications of Fire Services' capabilities and resources. Simultaneously, there has been a substantial increase in the costs of providing Fire Services. The growth of the budgets of the two departments provides justification for this assertion: 1968-69 Fiscal Year Budget No. of Employees City $ 1,410,000 144 County 5,663,095 417 1977-78 Fiscal Year City 5,316,000 154 County 15,174,712 501 The available data do not specifically identify how much of this overall County budgetary in- crease was assigned to the Metropolitan Bakers- field area. As a reflection of the City in- crease, the County's investment in Fire Services resources and personnel can, however, be considered as substantial. Certainly the possibility is that a unification could offset much of the increase in future Fire Services' costs. At the same time Fire Services' costs are increasing, the abilities of both City and County to meet the increases are diminishing. Bakersfield, California, June 13, 1979 - Page 8 163 The Article XIII, "a" (Proposition 13) revenue limitations will be felt with the 1980-81 fiscal year, and precious little planning time remains if a Fire Services unification is to be success- fully implemented. There is, indeed, fair justification to the assertion that a unification of Fire Services will be the best means available to assure the maintenance of service levels. Without unification, the City and County could well be faced with unilateral reductions to meet more severe financial limitations. A study of the possibility of unifying the Fire Services of the City and County in the Metro- politan Bakersfield areas merits approval by the Board of Supervisors and the City Council. As mentioned, the Fire Services' potentials of both entities could be more adversely affected than if a unification is not approved. The City Manager and County Administrative Officer believe the City Council and Board of Supervisors should approach the issue of the unification of Fire Services under a consistent general policy. Such a policy is needed to insure that the sensitivities of the parties involved receive attention, and that the two entities involved have a consistent understanding. The attached "Draft Policy Resolution" has been prepared in an effort to gain the desired statement of policy from the City Council and County Board of Supervisors. For the reasons cited in this report, IT IS RECOMMENDED: That the City Counci~ and the Board of Supervisors adopt the attached "Policy Resolution" relative to the unification of Fire Services in Metropolitan Bakers- field, and authorize their Mayor and Chairman to sign. That the County Administrative Officer and City Manager be authorized and directed to undertake an evaluation of the possibility of unifying Fire Services in the Metropoli- tan Bakersfield area. That the City Council and Board of Super- visors direct that this evaluation consider and devote full sensitivity to the parties which would be affected by the unification. That the County Administrative Officer and City Manager be directed to report back to the Board and Council with a recommended methodology for conducting this evaluation on July 10, 1979. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 4-79 regarding Unification of Fire Services in Metropolitan Bakersfield, was accepted; and recommenda- tions as outlined in the report, were approved. 164 Bakersfield, California, June 13, 1979 - Page 9 Adoption of Resolution No. 50-79 of the Council of the City of Bakers- field and the Board of Supervisors of the County of Kern evaluating the Unification of Fire Services within the Metropolitan Bakersfield Area. Upon a motion by Councilman Ratty, Resolution No. 50-79 of the Council of the City of Bakersfield and the Board of Super- visors of the County of Kern evaluating the Unification of Fire Services within the Metropolitan Bakersfield Area, was adopted by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 2-79 regarding Kern Phil- harmonic, as follows: This Committee has met with representatives of the Kern Philharmonic to discuss their request of financial support from the City. It is the feeling of the two Committee members who were in attendance that favorable consideration should be given to some financial support in light of the cultural contribution to the community made by the Kern Philharmonic. However, the support should come from both the City and the County. Presently, no funds have been budgeted by either the City or the County for this purpose. It would be the Committee's recommendation that at a later date when the financial picture for 1979-80 is clearer, this Committee meet with representatives from the County regarding this matter. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 2-79 regarding Kern Philharmonic, was accepted; and recommendations as outlined in the report, were approved. Director of Fire & Development Services Needham reported that in the latter part of 1978 the Council adopted an In Lieu Parking Fee Ordinance enabling businesses, who had insufficient parking, to open and operate in the City. This ordinance provides an option of paying a specified amount of money and this money is 165 Bakersfield, California, June 13, 1979 - Page l0 to be used to buy future parking. From time to time, in certain ordinances, difficulties are found and the In Lieu Parking Fee Ordinance has one area that should be studied and the staff may have a solution. It is recommended that the In Lieu Parking Fee Ordinance be referred to the Business Development and Parking Committee for study and recommendation. Upon a motion by Councilman Payne, the In Lieu Parking Fee Ordinance was referred to the Business Development and Parking Committee for study and recommendation. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5661 to 5975, inclusive, in the amount of $856,484.66. (b) Claim for Damages from Kern Insurance Associates, Inc., on behalf of Eleanor G. Pryor, 521 New Stine Road, Bakersfield. (Refer to City Attorney) (c) (d) Claim for Damages and Personal Injuries from James H. Soeten as Guardian ad Litem of Robert Kenneth Soeten, 2330 "B" Street, Bakersfield. (Refer to City Attorney) Claim for Damages from The Hartford Insurance Company on behalf of E. W. Dodge, 2323 Terrace Way, Bakersfield. (Refer to City Attorney) (e) Corrected Street Right-of-Way Deed from California Water Service Company for the alignment of Greenmore Lane between Pacheco Road and Tract No. 3972 "B", located south of Pacheco Road and approxi- mately 1600 feet east of Stine Road. (f) Street Right-of-Way Deed and Sewer Ease- ment from Chester Mortgage & Investment Company, Inc. and Lawton Powers and Associates, Inc., providing a 20 foot radius return at soufheast corner of Chester Avenue and West Columbus Street and an easement for sewer purposes as required for Parcel Map No. 5365, located between 40th Street and West Columbus Street, east of Chester Avenue. (g) Improvement Agreement with George Wadman for Parcel Map No. 5102 for construction of improvements required by the Planning Commission, located between Brundage Lane and State Highway 58 and west of Oleander Avenue. 166 Bakersfield, California, June 13, 1979 - Page ll (h) (i) (J) (k) (i) (m) (n) Improvement Agreement with Chester Mortgage & Investment Co., Inc. and Lawton Powers & Associates, Inc., for Parcel Map No. 5365 for construction of improvements required by the Planning Commission, located between 40th Street and West Columbus Street, east of Chester Avenue. Notice of Completion and Acceptance of Work for improvements on: Construction of Corporation Yard Storage Bins, Contract No. 79-61 with Jim Alfter. Resurfacing 34th Street and portions of "N" and 8th Streets, Contract No. 78-164 with Granite Construction Company. Various Storm Drains in Elm Street, Myrtle Street, "T" Street and Park Way, Contract No. 79-28 with Granite Construction Co. Plans and Specifications for Street and Drainage Improvements within the Homaker Park Area (bounded by Jewett Avenue, Espee Street, Union Avenue and 34th Street). Plans and Specifications for curb and gutter, paving and street improvements on various streets in the Kern Division (bounded by California Avenue, Union Avenue, Santa Fe Railroad and Southern Pacific Railroad). Contract Change Order No. i to Contract No. 79-29 with Galland Electric Corpo- ration for construction of Traffic Signal Systems and Street Improvements at various locations (California Avenue at Easton Drive and Chester Lane, and Ming Avenue at Stine Road and New Stine Road). This Change Order is required to provide additional road work and to relocate standards to clear utilities that could not be located prior to construction. This Change Order will add $2,800.00, increasing total contract amount to $243,278.00. Contract Change Order No. i to Contract No. 79-68 with Granite Construction Company for South King Street Recon- struction. This Change Order provides for relocation of two driveways to coin- cide with existing gates at Union Cemetery and will add $304.00, increasing the total contract to $98,017. Request from Stephen H. Montgomery, M.D., for annexation of property located at 2201 Alta Vista Drive. (Refer to Planning Commission for study and recommendation) Bakersfield, California, June 13, 1979 - Page 12 167 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 Miller, Payne, Ratty, Strong, Barton, Christensen, Means Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of Galland Electric for construction of Traffic Signal Systems at the inter- sections of Oak Street/21st Street and Pierce Road/Gilmore Street and Modifications to Tra£fic Signals and Lighting on Chester Avenue from 18th Street to 21st Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, all bids for construc- tion of Curb and Gutters on various streets in the Lowell Addition, were rejected and the Finance Department was authorized to rebid the project. Upon a motion by Councilman Payne, low bid of Granite Construction Company for resurfacing and improving portions of Columbus Street, New Stine Road and Wible Road, was accepted, all other bids rejected, the Mayor was authorized to execute the contract and Budget Transfer from the Council Contingency Fund to the appropriate account, in the amount of $3,000.00, was approved. Upon a motion by Councilman Barton, low bid of Micon Construction for construction of the Pacheco Greenbelt and Wilson Park Subsurface Drain Systems, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. 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 north of Pacheco Road and east of Stine Road. 168 Bakersfield, California, June 13, 1979 - Page 13 The application for this amendment was made by Jerry E. Vancuren and would change subject properties from an "A" (Agri- cultural) Zone to an M-1-D (Light Manufacturing - Architectural Design) and M-2 (General Manufacturing), 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 north of Pacheco Road and east of Stine Road. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on "L" Street between California Avenue and 14th Street. The application for this amendment was made by A. Dwight Danley and would change subject properties from an R-4 (Multiple Family Dwelling) Zone to a C-2-D (Commercial - Architectural Design), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on "L" Street between California Avenue and 14th Street. Approval of Budget Transfer from Council Contingency Account to Election Account, in the amount of $4,700.00, to cover cost of Council Election held March 6, 1979. This budget transfer is necessary to cover the cost of Council Election held March 6, 1979. Due to a change in the School Board Election date, the City had to bear the entire cost of the election, plus the unanticipated Special Election cost in the 3rd Ward. Upon a motion by Councilman Barton, Budget Transfer from Council Contingency Account No. 11-512-6100 to Election Account No, Bakersfield, California, June 13, 1979 - Page 14 169 11-524-1800, in the amount of $4,700.00, to cover the cost of Council Election held March 6, 1979, was approved. Approval of Contract with Musicians' Union Local 263 for Seven Band Concerts in Beale Park. Upon a motion by Councilman Christensen, Contract with Musicians' Union Local 263 for seven Band Concerts to be held in Beale Park commencing June 17, 1979 and extending through July 29, 1979, was approved and the Mayor was authorized to execute same. Approval of Agreements with Willard Martin for the operation of Concession Stands in Jastro, Patriots, Planz and Beale Parks. Upon a motion by Councilman Ratty, Agreements with Willard Martin for the operation of Concession Stands in Jastro, Patriots, Planz and Beale Parks,were approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Tenneco Realty Development Corporation pro- viding for a cash contribution to the City of $120,000 for Traffic Signal Installations at the inter- sections of California Avenue with Lennox Avenue and Business Center Drive. This agreement is contingent upon the City constructing a signal at Mohawk Street and California Avenue as recommended in the draft of the 1979-80 Capital Improvement Budget. Upon a motion by Councilman Ratty, Agreement between the City of Bakersfield and Tenneco Realty Development Corporation providing for a cash contribution to the City of $120,000 for Traffic Signal Installations at the intersections of California Avenue with Lennox Avenue and Business Center Drive, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Biggar, Frapwell, Ghezzi and Cartnal, Inc., providing terms and conditions for design of offices for Water Depart- ment adjacent to the Corporation Yard Administrative Office facilities. 170 Bakersfield, California, June 13, 1979 - Page 15 Department facilities, same. Upon a motion by Councilman Payne, Agreement between the City of Bakersfield and Biggar, Frapwell, Ghezzi and Cartnal, Inc., providing terms and conditions for design of offices for Water adjacent to the Corporation Yard Administrative Office was approved and the Mayor was authorized to execute HEARINGS This is the time set for public hearing before the Council on an Appeal by Leo Blackburn to the decision of the Board of Zoning Adjustment regarding a request by Rose Mary Ortiz for a Modification to permit a seven-foot high fence in the required side yard setback where maximum allowable fence height is six feet in an R-1 (One Family Dwelling) Zone, affecting that certain property in the City of Bakersfield commonly known as lll6 E1 Sereno Drive. This hearing has been duly advertised and the property owners have been notified as required by law. Mayor Hart declared the hearing open for public partici- pation. Mr. Leo Blackburn, lll2 E1 Sereno Drive, stated he opposes granting a modification to permit the construction of a 7 foot high fence at lll6 E1 Sereno Drive, because it is unsightly and a 6 foot high block wall already separates the two parcels of property. Mr. Blackburn also stated if some sort of a compromise could be reached he would be willing to do almost anything. Mr. Jesse Ortiz, ll16 E1 Sereno Drive, stated he had a swimming pool installed and the wood fence was to be installed to provide privacy for his property because the 6 foot block wall is on Mr. Blackburn's property. Mr. Ortiz also stated he is willing to negotiate to solve this problem. In answer to a question by Councilman Payne, Mr. Black- burn stated his property has been placed on the market for sale and he feels the wood fence adjacent to the block wall will have an affect on the salability of his property. The same conditions Bakersfield, California, June 13, 1979 - Page 16 171 prevail in back of his garage where a wooden fence was bolted to a chain link fence. In answer to a question by Councilman Payne, Mr. Ortiz stated that the picture the Council has looked at is an unfinished product. When the fence is completed the back side will look exactly like the side that faces his property. This is a very expensive wood grain finish fence and will look like the wood that is being placed on new houses that are being constructed. No further protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. City Attorney Hoagland stated the Board of Zoning Adjust- ment, in granting the modification, required Mr. Ortiz to finish the back side of the fence exactly like the front. During discussion City Attorney Hoagland stated that Mr. Blackburn could grant Mr. Ortiz an easement along the fence line and subsequent owners could not alter that fence without his permission. In other words it would become a common fence between the two properties. After further discussion and in order to work out a compromise between the two property owners, Councilman Means made a motion that the public hearing on an Appeal by Leo Blackburn to the decision of the Board of Zoning Adjustment regarding a request by Rose Mary Ortiz for a Modification to permit a seven-foot high fence in the required side yard setback where maximum allowable fence height is six feet in an R-1 (One Family Dwelling) Zone, affecting that certain property in the City of Bakersfield commonly known as 1116 E1 Sereno Drive, be continued until the Council Meeting of June 27, 1979. This motion was approved by the following roll call vote: Ayes: Councilmen Miller, Payne, Ratty, Christensen, Means Noes: None Strong, Barton, Absent: None 172 Bakersfield, California, June 13, 1979 - Page 17 This is the time set for public hearing regarding the Negative Declaration and Amendment to the Circulation Element of the Bakersfield Metropolitan Area General Plan concerning the following areas: 1. Deletion of Planz Road between Wilson Road and Old River Road. o Realign White Lane west of Gosford Road, northerly one-half mile to intersect with Old River at the former intersection of Fraser Road and Old River Road. Realign Old River Road approximately 1200 feet westerly commencing one-quarter mile north of Fraser Road and continuing to the intersection of Stockdale Highway. Realign Ming Avenue to the south line of Sections 4, 5 and 6, Township 30 South, Range 27 East, between Ashe Road and Buena Vista Road. Realign Wilson Road southerly commencing approximately one-quarter mile westerly of Stine Road thence south to White Lane. This hearing has been duly advertised and the property owners have been notified as required by law. The Planning Commission held a public 1979. hearing on May 16, Mayor Hart declared the hearing open for public partici- pation. Mr. Chuck Tolfree, representing Tenneco Realty Develop- ment Corporation, spoke in favor of the amendment. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Payne, Resolution No. 51-79 of the City Council of the City of Bakersfield approving and adopting an Amendment to the Circulation Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call vote: Ratty, Strong, Barton, Ayes: Noes: Absent: Councilmen Miller, Payne, Christensen, None Councilman Means Bakersfield, California, June 13, 1979 - Page 18 173 EXECUTIVE SESSION Upon a motion by Councilman Christensen, the Council recessed to an Executive Session at 9:50 P.M. for consultation with the City's Labor Negotiator regarding Meet and Confer Sessions. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Miller, the meeting was adjourned at 10:51 P.M. MAY~ o~the Cit~ield, Calif. ATTEST: CITY K fficio Clerk of the Council of the City of~Bakersfield, California ma 17 4 Bakersfield, California, June 19, 1979 Minutes of the Council of the City of Bakersfield, California, meeting in budget session at 7:00 P.M., June 19, 1979. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Payne, Ratty, Strong (seated at 7:05 P.M.), Christensen, Means, Miller Absent: Councilman Barton Assistant City Manager-Finance Kelmar stated basically the Capital Improvement Budget represents a formalized program of proposed major capital expenditures. It requires department heads to plan and formalize their needs, sets forth overall community needs and discourages a piecemeal approach to planning. It also allows taxpayers an opportunity to know what to expect and express their desires in the way of capital improvements. State law also has a legal requirement that if a government entity adopts a General Plan they must have a Capital Improvement Program or pro- posed public works projects for the following fiscal year. In the past the City has had a five year program which went beyond legal requirements. The five year program demonstrated what some of the planning and needs were. In light of Proposition 13 and the restrictions the staff foresees, in future available funds, it was felt it might be more helpful to the Council to prepare a ten year program. The staff felt it might be very helpful to the Council to see some of the longer range needs in terms of what is perceived as priorities and allow better planning under the severe limitations that will have to be faced in terms of funding. The Council should be aware that many of the projects shown in later years will probably be changed because of economics or priorities in the community. Not only for the benefit of the Council, but also the staff, this has proven to be an interesting exercise because there were many more needs than was possible to encompass within the ten year program. Bakersfield, California, June 19, 1979 - Page 2 175 Basically the process of preparing the Capital Improve- ment Program begins in November of each year at which time depart- ment heads are requested to submit their needs to a Capital Improvement Program Coordinating Committee made up of staff members. The members of this committee meet with each department head and discuss requests. Based on these discussions priorities are determined on the availability of funding. The document is then prepared and submitted to the Council in March of each year for comments. After Council comments are received the document is forwarded to the Planning Commission for review and public hearings. The Planning Commission holds two hearings on the over- all Community Development Block Grant Program which contains Capital Improvement Projects. In addition, the Planning Commission conducts a Possible Use Hearing on Revenue Sharing Funds, which provides an opportunity for the general public to indicate their desires on how the funds should be utilized. One of the reasons the Possible Use Hearing is conducted by the Planning Commission, at the same time as they review the Capital Improvement Program, is because of a prior Council policy that Revenue Sharing Funds be used only in connection with Capital Improvement Projects. The concept was that the City does not have any assurance of how long the Revenue Sharing Funds will be continued. The Planning Commission then submits the document to the Council for their consideration. There is a letter from the Planning Commission containing their recommendations regarding the Capital Improvement Program. Public Hearing on Federal Revenue Sharing Funds. Mayor Hart declared the meeting open for public hearing on Revenue Sharing Funds. No one in the audience indicated a wish to speak and Mayor Hart closed the public hearing. 17'6 Bakersfield, California, June 19, 1979 - Page 3 CAPITAL IMPROVEMENT PROGRAM 1979-80 The Council and staff reviewed the Capital Improvement Program for Fiscal Year 1979-80 by categories, as follows: ENVIRONMENTAL SERVICES A total of $16,307,000 is proposed for improve- ments related to storm drains, sewers and waste water treatment for the next ten years. Storm drains, in the amount of $1,680,000, are being proposed. This includes the final pay- ment of the City's share of the Northeast Storm Drain Project which was originally financed by the County and the City has been reimbursing the County for its share over a six year period. The projects funded with Community Development Block Grant Funds will provide further drainage relief to the residents within the target area. Sewer projects total $9,047,000, the most significant being the East Niles-Morning Drive and Gosford-Calloway Interceptor sewers which amount to $7,900,000. These main trunk lines will serve the growing Northeast and Southwest areas. It is intended that as developers connect to these lines, the City will be reim- bursed through connection charges. Waste water treatment projects amount to $5,580,000. The major one totalling $5,500,000 being the expansion of Treatment Plant No. 3 in the southwest area. Presently a study, mandated by the State, is being performed through KERNCOG for sewer service in the Rose- dale, Fruitvale and Southwest Bakersfield area. The State is funding 87~% of the cost. This study will recommend future service area responsibility for Treatment Plant No. 3. However, present and future growth in south- west Bakersfield alone will require expansion of this plant. In answer to a question by Councilman Payne, Public Works Director Hawley stated the Castro Lane-Lum Avenue area has been a problem for the City. The existing sump is isolated, in- adequate in size and after a normal storm causes flooding on Doris Lane. By eliminating the drainfield it will stop flooding problems on Doris Lane and a maintenance problem for the Public Works Depart- ment. The Public Works Department investigated various alternatives and the $42,000 for the Castro Lane-Lum Avenue Storm Drain is the least expensive at this point. The sump property will be declared surplus, however, it is not anticipated that the revenue from the 177 Bakersfield, California, June 19, 1979 - Page 4 sale of the property will be very much because it will have to be filled with dirt. Councilman Payne asked if this property could be con- verted into a neighborhood park or open space area for residents rather than sold. Director of Public Works Hawley stated if the concern is about zoning the property the City, at the time it is declared surplus~ could restrict it to single family or whatever the Council desired. Mayor Hart suggested that the rules regarding conduct at this meeting be waived so that direct exchanges between the Council and staff could take place without having to go through the chair. Upon a motion by Councilman Christensen, rules regarding conduct at this meeting were waived so that direct exchanges between the Council and staff could take place without having to go through the chair. RECREATION AND CULTURAL SERVICES A total of $3,346,715 is proposed for improve- ments related to parks and the Civic Auditorium for the next ten years. The City has committed itself to the develop- ment of two new parks in the next two years - Castle and University. With the probability of reduced resources being available for new park development in future years, a possible new funding mechanism for park development is proposed as an alternative the Council may want to consider - Improvement and Maintenance District. This concept entails the formation of a district in an area to be served by a park whereby the residents in that area would pay for the parks improvements similar to a Public Improvement District used for sewers, streets, etc. It should also be noted State funding from State Park Funds will terminate in 1979-80 and the remaining allocation under the 1976 State Park Funds will be utilized in 1980-81. Civic Auditorium improvements proposed consist of property acquisition for additional parking and any future modifications. When the Auditorium was originally planned in the late 1950's the parking was predicated on the off- 178 Bakersfield, California, June 19, 1979 - Page 5 street parking requirement of one parking space for each six seats provided, however, the Auditorium management has determined this is totally inadequate and more realistically the parking area should provide parking for each three seats provided. In addition, the parking area was planned to provide parking for a maximum of three thousand people at an event which represents the approximate number of seats in the Auditorium. However, the present management has been combining both the arena and auditorium for events thus increasing the capacity to six thousand people for many events. The request for a storage building is again indicated, as a need, however the disposition of the proposed hotel will have a bearing on when and where this should be constructed. PUBLIC SAFETY SERVICES A total of $987,500 is proposed for improve- ments related to the Police and Fire Depart- ments over the next ten years. The Police Department requests relate primarily to improvements at the Pistol Range for safety purposes now that the surrounding area will be utilized and to replace lost parking due to the construction of the Truxtun Avenue extension and improvements at the Police Facility to provide additional parking for motorcycles and police cars. In addition, certain communication improvements are needed to complete the micro- wave system now being constructed. Fire Department improvements primarily relate to the remaining two phases at the Headquarters station. These consist of constructing a new squad room on the property adjacent which was acquired during the prior fiscal year and then remodeling of the present offices. A back-up system for the fire alerting system and a future fire station in the Rio Bravo area are other significant requests. In answer to a question by Councilman Payne, Assistant City Manager-Finance Kelmar stated that funds for additional floors to the Police Facility were requested, however, there were no funds available at this time to include it in this program. It may be included next year if the Revenue Sharing Program is continued. DEVELOPMENT AND TRANSPORTATION SERVICES A total of $23,347,500 is proposed for improve- ments related to streets, traffic signals and parking for the next ten years. The street related projects total $23,047,500 which demonstrates a very significant need. Even more critical is the fact there were an 179 Bakersfield, California, June 19, 1979 - Page 6 additional $5,400,000 of projects which could not be included in this program due to lack of funding. This condition has resulted from (1) a significant increase in the costs of main- taining streets - materials and outside contractors, whereas revenues available have not increased in a corresponding manner, i.e. one of the City's primary sources of funding for streets - Gas Tax - has remained almost unchanged (2) growth in the City (3) deterio- ration of streets as a result of 1977-78 record rainfall and (4) significant increase in the number of necessary traffic signals and the cost thereof. A total of $300,000 is included to acquire property as it becomes available to complete the Civic Center plan. Director of Public Works Hawley stated the Planning Commission recommended approval of the 10-Year Capital Improve- ment Program, as submitted and reviewed, with the following modifications: Page 29 Delete Add Add Add Revise New Stine Road Resurfacing (Stockdale Highway to 200' south of Sundale). North and South Laurelglen Boulevard and Half Moon Drives construction. California Avenue and Lennox Street - Traffic Signals and Lighting (Developer's share California Avenue and Business Center Drive - Traffic Signals (Developer's share Item 6 to indicate Traffic Signal Interconnect System IN LIEU of Traffic Signals and Lighting. $ 86,000 151,000 65,000) 55,000) Page 30 Delete Item i - East one-half of Gosford Road construction. 65,000 Councilman Christensen requested a status report on the Chester Avenue/S.P.R.R. Grade Separation Project. Director of Public Works Hawley reported that the budget shows $120,000 as the City's share of the local contribution. The total cost is approximately 3.8 million dollars and the money has been set aside specifically for this project. Recently the con- sultant indicated that it appears that temporary upfront money will 180 Bakersfield, California, June 19, 1979 - Page 7 be required during the right-of-way acquisition and construction. This money would have to be provided by the City, County and possibly the Grade Separation District. These funds would be reimbursed at the completion of the project. The most recent estimate is $1,000,000.00 and the City's share would probably be half or $500,000.00. All of the details are not available at this time, however, it will be necessary to defer some of the projects. When more detailed information is available a report will be made to the Council. Councilman Miller asked when it would be necessary to provide the $500,000.00. Director of Public Works Hawley stated it is anticipated that some of that money would have to be provided in approximately 6 months and from that it might overlap into the next fiscal year. The best estimate, at this time, is that $250,000.00 would have to be deferred during the 1979-80 Fiscal Year. Councilman Miller stated he has a problem deferrring projects which in essence the City might not be able to afford to build later because of the inflation factor. Director of Public Works Hawley stated that the Gosford Road Construction (Kern River structure), in the amount of $350,000.00 (page 30), is presently being designed and sometime in the future it will be necessary for the Council to take action before construction begins. At that point the City would have to make a decision to proceed with that or the Chester Avenue Separation of Grade Project. Councilman Miller asked if the City had a contingency fund that had the money available could those funds be used. Assistant City Manager-Finance Kelmar stated the only way the City can provide upfront funding of this magnitude is to either defer projects or budget for it with the hopes of getting reimbursed in a couple of years. Bakersfield, California, June 19, 1979 - Page 8 Assistant City Manager-Finance Kelmar stated the engineers are trying to arrive at what the costs will be. If the situation arises where the City desires to proceed and the upfront money has to be provided, then the Council will have to make a decision at that time to proceed or not. The Council is not making a firm commitment on the Chester Avenue Grade Separation Project at this time through the Capital Improvement Budget. Councilman Strong stated he had the impression that the staff interpreted the questions by the Council to mean that they might not be in favor of the Chester Avenue Separation of Grade Project. Councilman Strong stated he interpreted Councilman Miller's questions to mean that he wanted clarification as to the status of the upfront money in the interim period while the State is making a decision to fund the project or not. The Council is most anxious to proceed with the project. Councilman Miller stated that Councilman Strong is correct in his interpretation, but a determination will have to be made between one project or the other. Director of Public Works Hawley stated the reason that the recommendation was not made earlier that a specific project be dropped is because, at this point, the amount of money needed in Fiscal Year 1979-80 is unknown. It is anticipated that some of the unfront money will have to be provided within 6 months. It is not anticipated, at this time, that the entire amount will have to be provided this coming fiscal year; therefore, money could be budgeted the following year. The recommendations for this budget were made last December and it was understood, at that time, that upfront money would not be needed during the 1979-80 Fiscal Year. Approximately two weeks ago the staff was told, at this point, it appears as though money will be spent earlier than anticipated. City Manager Bergen stated the proper thing would be to wait until information comes back from the Grade Separation District 182 Bakersfield, California, June 19, 1979 - Page 9 and County. It could very well be that a decision will have to be made at that time which project will be approved. If the City and/or County does not approve the Chester Avenue Grade Separation Project there may not be an opportunity later. SUPPORT SERVICES A total of $1,281,000 is proposed for improve- ments to City Hall and the Corporation Yard for the next ten years. It is anticipated construction of the addition to City Hall will begin by the summer of 1979. The Council has previously authorized funds for architectural services to design the addition and the major portion of the con- struction cost. The amount requested for 1979-80 will provide the remaining funds necessary for construction. As previously reported to the Council, a number of improvements in the original plan for the new Corporation Yard were deferred due to escalating costs from the period when the original cost estimates were prepared. A number of the proposed projects in the capital improvement program represent these items as well as other needs for the future. In addition, dependent on the growth of the City some future needs are indicated for the Rio Bravo area and the Police facility. Director of Public Works Hawley stated this past week there was a bid opening for the South Wing of City Hall and they were higher than the architect estimated. The architect is presently evaluating the bids by talking to the prime contractor and sub-contractors to see if changes can be made to the plans so the cost can be kept within the amount budgeted. The staff will probably report to the Council at the next meeting. There were not sufficient funds to budget the entire project in one year. Approximately $2,000,000.00 was budgeted in Fiscal Year 1978-79 and additional $750,000.00 is being requested for Fiscal Year 1979-80. The architect will probably recommend that the bids be rejected and then modify the plans and rebid the project. Councilman Means stated that the new wing does not have to be elaborate and with the high cost of utilities he hopes the City is considering energy conservation. 183 Bakersfield, California, June 19, 1979 - Page 10 City Manager Bergen stated the architect was instructed, by the staff, that the City is not primarily interested in looks, but they are looking for an energy efficient building. Upon a motion by Councilman Ratty, the Capital Improve- ment Program for Fiscal Year 1979-80, as recommended by the Planning Commission, was approved by the following roll call vote: Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means, Miller Noes: None Absent: Councilman Barton RECESS Upon a motion by Councilman Christensen, the Council recessed its budget hearings at 8:40 P.M. until Monday, June 25, 1979 at 7:00 P.M. M~' ~f the C~akersfield, Calif. ATTEST: CITY CL~RK andSOfficio Clerk of the Council of the City of B~kersfield, California ma 184 Bakersfield, California, June 25, 1979 Minutes of the Council of the City of Bakersfield, California, meeting in budget session at 7:00 P.M., June 25, The meeting was called to order by Mayor Hart by the Pledge of Allegiance. Present: The City Clerk called the roll as follows: 1979. followed Mayor Hart. Councilmen Payne, Ratty, Strong, Barton, Christensen, Means, Miller Absent: None Assistant City Manager-Finance Kelmar stated a couple of items have come to light in the last few days that should be brought to the Council's attention. The County Auditor-Controller has informed the staff that the property tax figure given to the City for use in the 1978-79 budget was not accurate. As a result it has a certain significance as far as carryover balances, shown in the 1979-80 budget, are concerned, as well as the estimated property tax for next year. At this point the exact magnitude of this is not known; however, by the time the figures are provided in August some clari- fication should be provided as far as that figure is concerned. In addition it appears the savings within the current budget will probably be greater than shown in the preliminary budget document. Until the books are closed an estimate of that figure cannot be given. Councilman Means, Chairman of the Budget Review and Finance Committee, read Report No. 2-79 regarding Operating Budget for Fiscal Year 1979-80, as follows: It is the responsibility of the Budget Review and Finance Committee to review and make recommendations on the proposed annual Operating Budget. It is important that action be taken on these operating amounts prior to the beginning of the next fiscal year. It is our desire to approach this operating budget review in a different manner than in the past in order to obtain a greater insight into the City's operations. As a result, we met with each of the three major department heads - Public Works, Fire & Development Services and Police - which account for approximately 90% of the budget and discussed at great length the various programs, program objectives and service levels under their administration. In addition, certain items of concern within the remaining budgets were also discussed. The budget format is similar to that of last year. The budget has been divided into the six major service Bakersfield, California, June 25, 1979 - Page 2 185 areas--Management Services, Environmental Services, Development and Transportation Services, Public Safety Services, Recreation and Cultural Services and Support Services. In turn, these service areas are further split into the various programs and sub-programs that make up each major service area. Major specific objectives to be achieved during the year are also listed for each sub-program. The Operating Budget discussed in this report con- sists of the operating expenses and fixed asset purchases proposed for the General Tax Rate Cate- gory and operating-type expenditures within the Community Development Block Grant Program and Gas Tax which are included in the Restricted Agency Category (see Attachment #1 - Summary of Proposed Operating Budget). Operating expenses consist basically of materials, supplies, utilities, etc. Fixed assets consist of departmental capital outlay items, e.g., office equipment, automotive equipment, communication equipment, etc. The Operating Budget does not include salaries and supplemental benefits nor capital improvement projects. The Governmental Efficiency and Personnel Committee will make recom- mendations on all salary matters. The entire City Council has reviewed the proposed Capital Improve- ment Program which was evaluated by the Planning Commission. The departmental operating budgets have again been prepared in a manner to reflect the total direct (i.e., data processing, legal personnel, etc.) costs of providing a particular program. This is accomplished by the inclusion in the budgets, where applicable, of the following accounts: (1) Custo- dial Services Cost Allocation, Object No. 5300; (2) Administrative Cost Allocation, Object No. 5400; and (3) Rental Internal Organizations (Equipment Maintenance), Object No. 6200. The Custodial Services Cost Allocation is reflected in those programs which receive custodial services. In the case of programs located in City Hall, each program is charged for their proportionate share of the maintenance costs of City Hall based on their total square footage of office space. Programs operating outside of City Hall are charged based on the cost of the employees and materials involved in performing the services. The Administrative Cost Allocation entails an alloca- tion of the cost of staff programs (i.e., City Manager's Office, City Clerk, City Attorney, and Finance) to the various line programs (i.e., Police, Fire, Public Works, etc.) based on the percentage that the cost of each line program bears to the total cost of all line programs; the theory being that staff programs are designed to provide services to the line programs. The allocations are, of course, deducted from the budgets of the staff programs as "Costs Applied," Object No. 0001, so that the total City budget remains unchanged. The Equipment Maintenance Division of the Public Works Department provides a central equipment pool for all 186 Bakersfield, California, June 25, 1979 - Page 3 departments except Fire. All departments using this equipment are charged a rental rate which reflects the total cost of maintenance and a replacement allowance. This rental charge is reflected in each using department's budget under the account entitled, "Rental Internal Organiza- tions," Object No. 6200. The total rental charges are taken as a reduction in the budget of the equipment maintenance program as "Cost Applied," Object No. 0001, so that the total City budget is not changed. For 1979-80, these rental rates have been adjusted in certain programs to reflect more realistically the cost of operating the applicable equipment. When considering the operating budget, it is important for both the Council and the public to understand the affect of growth and development on City operations, i.e. demand for services. The following are some statistics to illustrate this point which indicate the increases the City has experienced over the last year: Area of City - 74 sq. miles, up 30% Street miles - 340 miles, up 10% Park acreage - 207 acres, up 14% Sewer miles - 440 miles, up 5% Subdivision processed - 108, up 90% City construction projects - 117, up 25% Police calls for service - 77,700, up 7% Police patrol miles - 1.4 million, up 15% Fire call outs - 4,000, up 20% The following is a summary of the Operating Budget indicating (1) the amount proposed for each City program, (2) the increase or decrease over the amount approved last year, (3) pertinent comments concerning the items included in the specific budgets, and (4) a page number reference to the applicable budget in the preliminary budget book. MANAGEMENT SERVICES Mayor - (Page 15) $6,610 (no change) The proposed operating budget is the same as last year. City Council - Page 17 - $452,900 (-$8,400) The reduction results from lower property taxes paid by the City. The City is required to pay property taxes on City property located outside the City limits and as a result of the passage of Proposition 13 these taxes have been reduced. One of the items discussed was the City's continuing participation in the National League of Cities. This Committee feels the City does receive con- siderable benefits from the League of California Cities, however questions the benefits derived from the National League particularly in the light of the dues structure which now includes a 15 year assessment for the purchase of a new building which Bakersfield, California, June 25, 1979 - Page 4 187 increases the City's annual dues to $2,500. We would recommend the City discontinue its member- ship. Councilman Ratty asked what other cities in California are doing regarding participation in the National League of Cities, because this organization acts as a lobbyist for cities in Washing-- ton, D. C. After discussion, upon a motion by Councilman Barton, the City's continued participation in the National League of Cities was held in abeyance until such time as the staff can request and receive additional information on services they provide and the assessment for a new building. Councilman Means voted in the nega- tive on this motion. City Manager - (Page 23) $188,505 (+$2,870) The increase results from higher costs for postage and printing of ordinances and uniform building, electrical, etc. code books. However, most of these printing costs are recovered through the sale of these documents. In addition, the rates for legal advertising have increased as well for the various hearings before the City Council. These increases are offset by a reduction in the administrative cost allocation. Community Promotion - (Page 27) - $21,000 (-$8,000) In prior years, funds were budgeted for special projects the City desired directed towards Community Promotion, other than the City's contribution to the Chamber of Commerce. However, very few of these projects were implemented. In the future, if they are deemed necessary they could be funded from the Council's Contingency account. Insurance (Property and Liability) - Page 31 - $365,000 (-$285,000) This budget provides for the premium for liability and property insurance. The City's favorable experience in its first year of self-insurance for liability coverage has resulted in a signifi- cant reduction in the premium for excess coverage. In addition, the City has been able to fund the catastrophe reserve requirements under this program, so no funds are necessary this year for this purpose. ENVIRONMENTAL SERVICES Waste Water Services - Page 42) $698,535 (+$274,810) It is presently anticipated that the construction at Treatment Plant #2 will be completed in September and will provide secondary treatment of sewage at 188 Bakersfield, California, June 25, 1979 - Page 5 that time. This will result in the culmination of the $25 million modernization program of these facilities which was required by the State and Federal Government. Funding of 87½% was provided by the State and Federal Governments and the remaining portion by the City through the sale of lease revenue bonds. This increased level of treatment results in significantly higher operating costs. The budget increase reflects this primarily in the electricity and chemical costs. The additional chemicals are necessary to meet the minimum State requirements for odor control. The contract the City entered into in 1976 with the Federal and State Governments in order to receive these grants required the implementation of a user charge when the plant was completed. Since that date, the requirements have been modi- fied to allow a charge which would cover the cost of maintenance and operation only. Since the plant will only be in operation for eight or nine months, it will only be necessary to implement a residential user charge of $1.75 per month effec- tive January 1, 1980. Other charges for commer- cial and multiple residential users will also be modified by approximately 50% from those originally contemplated (see Attachment #2 for user charges). It should also be noted that in the following fiscal year the operating costs will be higher due to a full year's operation, however the Council will evaluate the charges at that time. Refuse Management Services - (Page 47) - $1,586,045 (+$259,255) This budget is up due to proposed increased payments to private refuse contractors, the purchase of con- tainers for the proposed mechanical refuse route and higher internal equipment rental charges. The outside refuse collectors were given a rate increase of 15% effective January 1979 which repre- sented the first increase they had received since July 1976. An additional increase is recommended in the budget in order to keep up with inflation, however discussions are still being held with the contractors to arrive at a final determination. The budget contains a proposal to implement one mechanical refuse route in a residential area served by alleys. This would require the City purchase containers to be utilized with the new equipment. This method of collection has proved very successful in other Cities and resulted in increased produc- tivity and dollar savings to the Cities. The refuse division estimates it would save $10,000 to $15,000 the first year. Comments regarding the refuse collection charge will be made in the concluding part of this report. Bakersfield, California, June 25, 1979 - Page 6 189 DEVELOPMENT AND TRANSPORTATION SERVICES Development Services Administration - Page 56) - $129,525 (+$41,310) This program consists of the Development Services Administration within the General Fund and the Administration program of the Community Develop- ment Block Grant Program. The increase in this program is attributable to the inclusion of a contingency account within the Community Develop- ment Block Grant portion. This is a requirement of the Community Development program to establish a contingency amount for unanticipated expendi- tures. The remaining portion of this program actually results in a $12,500 decrease over last year. Planning - (Page 61) - $81,340 (+$14,130) This increase primarily results from a request for professional and consulting services in the amount of $15,000 to review the zoning ordinance. This ordinance was adopted in 1954 and has been revised on a piecemeal basis a number of times. However, due to changing times and conditions, the staff feels a comprehensive review and modification is very necessary. Due to the workload of the limited number of professional planning staff, it is recommended a consultant be hired to assist in this program. Due to the expanding number of files, three additional filing cabinets are also being requested. Public Works Administration $58,980 (-$670) (Page 66) This decrease results from the combination of a lower administrative cost allocation which is offset by a higher request for stationery and of£ice supplies and a request of $1,500 for additional filing cabinets for the parks division and administration office in City Hall. Engineering Services - (Page 70) (+$4,560) $155,300 The City Manager has recommended an additional survey party crew to handle the numerous con- struction projects the City is involved in as well as development within the City. The increase in this operating budget reflects the additional internal equipment rental costs and various materials, tools and supplies necessary to pro- vide this additional crew. The Governmental Efficiency and Personnel Committee will be making a recommendation on this and the ultimate Council decision on their recommendation will determine whether these costs remain or are deleted from the budget. The purchase of an industrial oven for more efficiency in soil testing, a mechanical compactor to determine soil moisture composition, a blue- print machine, currently being rented, to effect 190 Bakersfield, California, June 25, 1979 - Page 7 savings in blueprint costs and some calculators for engineering are being proposed for purchase from Gas Tax Engineering funds. Streets - (Page 75) $871,310 (+$83,125) This increase results from higher internal equip- ment rates and an additional $30,000 being requested for street materials. This request for street materials is to alleviate the poor condition of many streets in the City until sufficient funds are made available to either resurface or reconstruct and provide for additional streets in the City. A great deal of the deterioration has been caused by the heavy rains that occurred during the 1977-78 fiscal year. In addition, there has been an increase of 31 miles of streets added to the City during 1978 alone and higher street material prices are antici- pated. Traffic Control - (Page 81) - $349,190 (+$39,430) Of this increase, $19,500 is attributable to the City's share of operating joint traffic signals with the County and the State and results from higher electrical charges. Approximately $11,000 of this increase relates to additional requests for traffic paint which includes $5,000 associated with an additional traffic painting crew being recommended by the City Manager in order to keep up with City development and increased street miles. The City has had three crews since 1957. The request results from higher paint costs and greater quantities needed. The remaining portion of the increase results from the signing replacement program to replace rapidly deteriorating button type stop signs with reflective sheeting panel signs. Fixed asset request include the replacement of an old and unserviceable air drill, pressure tank, paint spray gun and gauge shear. PUBLIC SAFETY SERVICES Police Services (Page 101) - $1,742,590 (+$10,945) The total of the operating materials and charges accounts actually reflect a decrease of approximately $17,000, however the fixed asset accounts are about $28,000 higher. The overall decline in the operating accounts is caused by a decrease in the administrative cost allo- cation which is offset by higher utility costs due to anticipated rate increases, higher school crossing guard costs due to the additional guard added last year and higher uniform allowance costs due to an increased uniform allowance benefit given police offi- cers effective July 1, 1979. The increase in fixed assets is attributable to the training equipment related to the proposed formalized Bakersfield, California, June 25, 1979 - Page 8 191 training program. This program is being considered by the Governmental Efficiency and Personnel Com- mittee and their recommendation will be forthcoming to the Council. Other significant purchases in the budget include a radio system for the radio pagers, which is necessary due to the conflicts being expe- rienced With the emergency and operations radio systems of the police and fire departments, and the purchase of 10 radio alarms to complete the replace- ment of the older and unserviceable ones which are also not compatible with the present communication system. Fire Services - (Page 111) - $1,038,195 (-$48,350) The total of the operating materials and charges account actually reflect a decrease of approximately $100,000, however the fixed asset accounts are about $52,000 higher. The overall decline in the operating accounts results £rom a lower administrative cost allocation, lower request for equipment replacement provision and the elimination of the weed abatement program by the Council. However, these reductions were offset by higher requests in the uniform account, for protec- tive clothing to meet OSHA standards, and in the repairs and maintenance account, to make a number of very needed repairs at various fire stations to reduce maintenance costs. The increase in fixed asset requests results from greater requirements to purchase fire hydrants to meet development within the City, a request to pur- chase a copy machine, currently being rented, which over a five year period would result in an approxi- mate $5,000 savings to the City and various needed communication and fire fighting equipment to increase department efficiency, reduce injuries and provide protection to firefighters while fighting fires. It should be noted that the entire amount of $241,800 budgeted for fire hydrants will be recovered from developers based on the Council policy adopted in last year's budget. Building Services - (Page 118) $583,800 (+$347,366) This program includes the Building Services funded within the General Fund and the Housing Rehabilita- tion program within the Community Development Block Grant program. The operating budget of the City's building inspection program actually shows a decline of about $6,500, thus the entire increase comes from the Housing rehabilitation program. This results £rom additional Community Development funds being allocated towards Housing programs. These programs include the City's share of the Fair Housing study being conducted through KERNCOG, the implementation of a "Handyman" program whereby CETA employees are used to make minor repairs to homes and the City pays for the materials and funding for a land write- down program to encourage development both for resi- dential and commercial purposes. 192 Bakersfield, California, June 25, 1979 - Page 9 Repair and Demolition - (Page 122) - $45,000 (-$44,000) This budget provides for the demolition of dangerous buildings. City funded program costs are ultimately assessed against affected property and collected through the tax rolls. The spot blight program funded through Community Development Block Grant is included in this budget as well. This budget reduc- tion reflects a reduced need for this type activity. Street Lighting - ~age 124) - $500,225 (+$35,355) This increase results from an anticipated rate increase for electricity. Recreational and Cultural Services $156,890 (+$2,485) (Page 136) - As the Council will recall this budget was adopted in April to enable the Recreation Department to begin their hiring for summer programs. This increase results from higher utility costs, an increase in the contract for summer band concerts at Beale Park and being required to pay the schools for the use of the gymnasiums for the basketball programs. These increases are offset by lower administrative and custodial services cost allocation. Parks - (Page 143) - $723,570 (+$45,080) The operating budget of the parks is obviously affected by the amount of park acreage and improvements within the parks. When the projects currently being worked on are completed this year, the park acreage will be increased by 14% and median island and wall planter acreage by 2%. In addition, the tree maintenance activity within the parks program will have 19 addi- tional miles of right-of-way and by the end of next fiscal year, 45 additional drainage sumps to maintain (10 of which are already utilized). Hence, many of the operating accounts within this program are higher due to increased quantities and higher prices for the numerous supplies and materials necessary to maintain existing and these additional park areas and improve- ments and sumps. In addition, it is proposed to slurry seal service drives and parking areas in five parks in order to prolong the life of the asphalt concrete. In order to keep the maintenance costs of the parks down, a reduced watering program is proposed which is antic- ipated to save approximately $20,000 per year and should not significantly reduce the appearance of the parks. The departmental capital purchase of $13,200 consist of replacing old and worn out pool equipment, obsolete sprinkler heads and wooden picnic table planks with aluminum planks. Auditorium - (Page 148) - $291,490 (-$24,485) This decrease results from a reduced administrative cost allocation and electricity requirements. It has been determined that the elimination of the public ice skating has resulted in more of a savings in electricity than originally estimated. Bakersfield, California, June 25, 1979 - Page 10 193 Proposed fixed asset purchases included the replace- ment of a 16 year old typewriter, portable staging which would reduce labor costs to set up for many events and stage scaffolding for rock concerts, which would be rented to the shows, and the cost thereof would be recovered in a year. This Committee has evaluated the request of the Chamber of Commerce for an increased contribution to the Convention Bureau. Since the last increase was given in 1973, some increase is probably warr~n- ted. However, the Committee would like to meet both with the County and representatives from the Conven- tion Bureau before a final determination is made. We will be reporting back to the Council before the budget is finally set in August. Mr. John Mossman, owner of Mossman's Catering & Kitchens and member of the Chamber o£ Commerce's Convention Bureau, outlined the history of the Convention Bureau, Civic Auditorium and Room Tax. Mr. Mossman requested that the Council increase the contribution to the Convention Bureau from $35,000 to $100,000 and consider instruc- ting the Auditorium Management on the philosophy of the auditorium and the importance and sincerity of the convention business so they will have some basis to bend established policies. Mr. John Pryor, President of the Bakersfield Chamber of Commerce, read a portion of the Chamber of Commerce's Annual Report which pertained to a request for an increase from $35,000 to $50,000 in the City's contribution to the Convention Bureau. Mr. Pryor requested that the Council seriously consider the request for an increase. Mr. Gene Winer, member of the Convention Bureau, requested that the City's contribution to the Convention Bureau be increased. Mr. John Duke Ellis, President of the Hotel and Restaurant Employees Union, urged that the City increase the Convention Bureau's funds because it helps their payrolls and people by keeping the restaurants and hotels full. Lisa Kolstad, employee of the Convention Bureau and repre- senting Epsilon Sigma Alpha Sorority, stated because of lack of funds her hours and salary have been cut and requested that the City increase the contribution to the Convention Bureau. 194 Bakersfield, California, June 25, 1979 - Page 11 Mr. Ray Swanson, representing a local fraterna~ organi- zation, urged the Council to increase the contribution to the Con- vention Bureau. During discussion City Manager Bergen stated he could support an increase for the Convention Bureau, however, he would be very reluctant to discuss bending policies. Jeri Bruce, Director of the Convention Bureau, outlined the history of the Room Tax. Upon a motion by Councilman Barton, request from the Convention Bureau for an increase in the contribution from the City was held over until a meeting can be held with the County and Con- vention Bureau and a final recommendation can be made to the Council. Mayor Hart declared a brief recess at 8:35 P.M. and the Council reconvened at 8:40 P.M. Cunningham Art Gallery - ~age 153) - $8,870 (+$5,170) The increase results from a reevaluation of the actual time being spent to maintain this facility. SUPPORT SERVICES Finance - (Page 166) - $67,360 (-$5,515) The decrease results from a reduced administrative cost allocation and lower departmental fixed asset purchases. Proposed fixed asset purchases of $525 include the replacement of two calculators both over 20 years o~d and old steno chair. Data Processing - (Page 171) - $184,590 (+$107,660) In June 1978, the City Council approved a data processing study to determine a more effective way of utilizing City resources being expended in this program. It was the staff's feeling the present system was not providing the type of manage- ment information necessary to manage City departments. The study is presently at the stage whereby requests will be going out to vendors for bids on equipment and programs. When the bids are received and evalu- ated, it is contemplated a presentation will be made to the Council explaining the results of the study and thoroughly familiarizing them with the proposed program and costs involved before any action will be taken by the staff. The increase in this budget reflects the costs anticipated to implement in the coming fiscal year if the Council agrees to proceed. Bakersfield, California, June 25, 1979 - Page 12 195 City Attorney - (Page 175) - $42,810 (-$3,775) This reduction primarily results from a lower request for professional and consulting assistance. The replacement of a 10 year old typewriter is requested which would also make all typewriters in the department uniform so lengthy projects could be divided among typists. General Services - (Page 181) - $284,355 (-$6,450) The combination of reduced requests for fixed asset purchases and lower administrative cost allocation offset by higher utility costs due to anticipated rate increases and higher internal equipment rental charges results in the overall decrease in this program. Equipment Management - (Page 187) (+$91,385) $151,035 Equipment Management is responsible for the main- tenance of 510 pieces of equipment for all depart- ments except Fire. The above program cost of $151,035 includes the sum of the total salaries and related benefits, operating expenses and fixed asset purchases less the equipment rental charges made to other departments including the Water Department for the use of the equipment. The operating expenses portion before rental charges to departments amounts to $1,503,175 or $199,730 more than last year. Of this, $185,000 represents increased requests for fuel, equipment parts and tires. The Council may recall a transfer of approxi- mately $150,000 from the Council Contingency account was recently approved to enable the departments to operate through the remaining months of this fiscal year. This increase was necessitated basically by increased prices and useage of these items. The increased operating costs above were offset by adjustments in equipment rental rates of 10-15% to reflect more realistically the cost of operating the applicable equipment. Of the fixed asset request of $151,350, $47,000 relates to additional positions being recommended by the City Manager which will be reviewed by the Governmental Efficiency and Personnel Committee and their recommendation will be made to the Council. The remaining $100,000 of requests include such major items as $54,000 for an additional street sweeper which is a needed backup for the existing sweepers, $13,200 for two additional motorcycles and radios for the traffic division of the Police Department to support the shift of manpower into this division in an effort to reduce the number of traffic accidents in the City and $13,200 for two lightweight pickups and radios to support the Community Service Technician program at the Police Department. 196 Bakersfield, California, June 25, 1979 - Page 13 Conclusion As a result of our budget review, the Committee is satisfied with the level of service being provided by the City and feel it represents the desires of the residents. However, it was also our intent to strive to reduce the cost of govern- ment to the citizens. Based on our review, it would be the Committee's recommendation the present refuse collection charge be suspended for the 1979- 80 fiscal year (see Attachment #3 - City Attorney's letter) subject to City Council review and recon- sideration in January 1980 and June 1980 to deter- mine its necessity as a financing mechanism to support City operations. The Committee is of the opinion when the books are closed for the present fiscal year, carryover funds may exceed those esti- mated in the preliminary budget document. This excess plus a reduction of reserves would enable the City to suspend the charge for the year. Reserves would still be at a level to allow the City to operate on a cash basis. This recommenda- tion is also subject to the City's involvement in the CETA program and the distribution by the State of bailout funds for 1979-80, both of which should be known by August when the final carryover balances are known and the budget is finalized. If this recom- mendation is approved, we feel the community has an obligation to make all payments due the City for the charge for the 1978-79 fiscal year and the Council should support the staff in its collection efforts. Finally, the Committee feels the City's budget process needs some revisions and will be making some recommendations in this regard in the near future. Respectfully submitted, Councilman John M. Means Chairman Councilman Vernon D. Strong Councilman Means made a motion that Report No. 2-70 from the Budget Review and Finance Committee regarding Operating Budget for Fiscal Year 1979-80, be accepted; and recommendations as out- lined in the report, be approved. Councilman Miller, member of the Budget Review and Finance Committee, read Report No. 3-79 regarding Minority Report Re Oper- ating Budget for the Fiscal Year 1979-80, as follows: Basically I have no objection to the conclusions stated in the budget review committee report. However, I would like to express my personal concerns about the following issues. Bakersfield, California, June 25, 1979 - Page 14 197 1. We have yet to know for certain the outcome of the salary negotiations. Without this infor- mation, our findings should be considered incon- clusive. 2. We should concern ourselves with the fact that the service area for the City of Bakersfield is still growing. Facts and figures should be estimated for our use in determining what will be needed within the next year. 3. The decision to suspend the garbage fee was based upon a political policy rather than upon sound financial planning. For practical purposes, the actual decision should not be made on the basis of political expediency rather than practical needs. For the above stated reasons, I would recommend that the garbage fee not be suspended until these factors have been resolved: a) A statement verifying the amount of carry- over from last year's budget has been presented for assessment. b) The final figures for the salary negotiation package has been submitted. c) The amount the city will receive from the state bail-out legislation is known. d) The extent of involvement in the CETA program is finalized. e) The origination of the $500,000 for the Chester Avenue underpass is stipulated. The problem is not in doing away with the garbage fee. The problem stems from the lack of adequate information upon which to base a practical decision. I would also like to point out that the elimination of a source of revenue such as the garbage fee will not be felt by the city this year, but it will be felt in ensuing years, i.e. a reduction of revenue without a corresponding reduction of expenditures. Respectfully submitted, Councilman Robert N. Miller Councilman Means, in response to statements made by Assistant City Manager-Finance Kelmar, stated it appears the City will be in a better financial position than originally anticipated. It appears that most of the things contained in the minority report are ill-founded concerns. About a month ago he tried to get the 198 Bakersfield, California, June 25, 1979 - Page 15 Council to repeal the Garbage Tax; however, they wanted to make sure the City was financially sound before making a decision. Councilman Means stated he did not think it was just political expediency upon which the decision was made. The Councilmen on that committee felt that the City is now in a position where a decision can be made. To quote a previous statement, "There is no reason to postpone this." A move to keep the Garbage Tax would be a political move to retain what he considers a purely regressiw~ tax. Councilman Ratty stated he has an opposite view. It is a political motive that prompted repealing the Garbage Tax. Several Councilmen ran on it and they are going to see it done. There has been a frantic scramble among some Councilmen to justify it. Several assumptions were made in the conclusions of the report that this is the level of service the City should maintain. Councilman Ratty stated he does not agree with that because the streets are in bad shape and they are going to get worse. There are one million dollars needed there. The Chester Avenue Underpass is $500,000, and it will be coming up. Next year Police salaries will be coming up and there will be a problem there. There are many service level type items that need to be addressed. The City is not running fat, it is running lean. There are essential items the City needs money for especially streets. There is not a hard and definite conclusion that prompts a change from the position the Council took (vote 6-1) against repealing the Garbage Tax, except Assistant City Manager- Finance Kelmar's remarks tonight that there are increasing funds. The needs are there. There is no question about the fact the City needs money. There are uncertainties as far as the Gann Initiative, Proposition 13 and funding of bailout money. There is no need to delve into the reserves. The main crux of the whole problem is that for the first time the City situation, like Washington where fiscally responsible thing to do is going into a deficit spending the budget is unbalanced. The is reduce the Garbage Tax in half, 199 Bakersf±eld, Cal±fornia, June 25, 1979 - Page 16 as recommended, then take a look at it next year. The Council is talking about money and adequate services and there is not enough money to answer the needs of the City right now as far as streets and the Chester Avenue Underpass are concerned. If there is money it can be adjusted next year and work off those items. Councilman Ratty offered a substitute motion that the Garbage Tax be reduced by 50% for the coming year. Councilman Miller stated this is a situation where a number of people on the Council are going to have to live with this decision for about 3½ years. As stated in the Minority Report, the elimination of a source of revenue such as the Garbage Fee will not be felt by the City this year, but it will be felt in ensuing years. That is probably the most important sentence amongst the whole thing. What looks like a relatively close issue, at this time, may be lop- sided next year; the Council is going to have some City employees who are really going to be upset when they are told there will be no raises. The City is liable to find itself in a dry period finan- cing position the following year and have to borrow money to survive until the property tax is received. If all these things are taken into consideration, there is absolutely no way the Garbage Fee can be eliminated at this time. Councilman Christensen stated, in regards to No. 3 on the Minority Report, this Garbage Tax was brought up before Proposition 13 was passed. How can this be called political because when it was voted on he voted against it. It has no politics in it. At that time the City had more than 4 million dollars in surplus. Council-- man Christensen stated he is willing, at any time, to ask the tax- payers for additional taxes if it is to pay for essential services of a well organized and run City but will never vote to create a surplus. If all the reserves and unapplied appropriations were added there is a surplus of almost $5,000,000. The only way to return a portion of it to the taxpayers is to give relief from the unjust Garbage Tax that was born to create a tremendous slush fund. 2OO Bakersfield, California, June 25, 1979 - Page 17 Councilman Strong stated the report did not recommend eliminating the Garbage Tax, it recommended suspending it. That was done, to some extent, because of the City Attorney's recommen- dation that there would be less legal ramifications involved in suspending rather than attempting to change the rates. The budget document was prepared with the understanding that the Garbage Fee would be reduced by 50%. Councilman Strong stated he does not see a problem maintaining adequate levels of service by adopting the Budget Review and Finance Committee's recommendation. He stated he sees no problem this year, next year or the year after next, because if the City needs an additional source of revenue the Council can reinstate the Garbage Fee. The Budget Review and Finance Committee did not cut the amount of funds requested by the Public Works Direc- tor for streets. As a matter of fact, the Budget Review and Finance Committee did not cut anything out of the budget. The Budget Review and Finance Committee's recommendation has to do with reducing Restricted Reserves from $1,800,000 to $1,000,000 and the Equipment Replacement Account from $1,600,000 to $1,500,00, so there is not a depletion of these reserve accounts. If what Mr. Kelmar stated is true, it is conceivable that the City could pick up th~ $900,000 from departmental residuals and an increase received from property taxes. What the committee has done is very prudent, he is satisfied with it and he feels very strongly that the City is in a very fine financial position this year and for two or three years after that. Councilman Christensen called for the question and after discussion withdrew the call for the question because he did not want to cut off debate. Councilman Barton stated he could support suspension of the Garbage Fee because the City does not need to keep the tax- payers' money for a year. Some of the carryovers borderline a little on the obscene and it puts the City in the same boat as Sacramento, by having a lot of extra tax money they are trying to get rid of by giving it back to the cities. Councilman Barton Bakersfield, California, June 25, 1979 - Page 18 201 proposed that the Garbage Fee be suspended for eleven months, with a review in January, 1980, to see how it fits into the City's finan- cial picture. After considerable discussion Councilman Ratty's substitute motion that the Garbage Tax be reduced by 50% for the coming year failed to carry by the following roll call vote: Ayes: Councilmen Ratty, Miller Noes: Councilmen Payne, Strong, Barton, Christensen, Means Absent: None Councilman Means' amended motion that Report No. 2-79 from the Budget Review and Finance Committee regarding Operating Budget for Fiscal Year 1979-80, be accepted; recommendations as outlined the report, be approved; and the Garbage Fee be suspended for elew~n months with a review in January, 1980, carried by the following roll call vote: Ayes: Councilmen Payne, Strong, Barton, Christensen, Means Noes: Councilmen Ratty, Miller Absent: None Councilman Ratty stated he would like the record to show that he withdrew his vote in support of the Capital Improvement Program for Fiscal Year 1979-80. Councilmen Means and Christensen stated they voted for the suspension of the Garbage Tax, but they still feel that they would like to have seen the Garbage Tax repealed altogether. Adoption of Resolution No. 52-79 of the Council of the City of Bakers- £ield approving and adopting the Budget for Fiscal Year 1979-80. Upon a motion by Councilman Barton, Resolution No. 52-79 of the Council of the City of Bakersfield approving and adopting the budget for Fiscal Year 1979-80, was adopted by the call Ayes: Noes: Absent: vote: Councilmen Payne, Strong, Barton, Councilman Ratty None following roll Christensen, Means, Miller 2O2 Bakersfield, California, June 25, 1979 - Page 19 RECESS Upon a motion by Councilman Christensen, the Council recessed its budget session at 10:35 P.M., until a report from the Governmental Efficiency and Personnel Committee regarding Meet and Confer Sessions with Employee Units and Additional Position Requests is available. theBakersfield, California ATTEST: CITY~E~RK an~cio Clerk of the of the City of Bakersfield, California Council ma Bakersfield, California, June 27, 1979 203 Minutes of a regular meeting of the Council o£ the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., June 27, 1979. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and a minute of silent prayer. The City Clerk called the roll as follows: Present: Mayor Hart (seated at 8:50 P.M.). Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Absent: None Minutes of the regular meeting of June 13, 1979 and budget session of June 19, 1979, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mrs. Shirley M. Davidson, President of the Bakersfield Chapter of Links, Inc., explained the objectives of the Housing Conference held April 21, 1979, and thanked the Council and staff for their help and financial support. Mrs. Edna Buster, 2009 California Avenue, thanked the Council for suspending the Garbage Fee and presented two articles from Washington, D.C., entitled "Creating a Shadow Government," by Paul Scott, dated June 20, 1979 and "1313 Stuns Lawmaker," by Jo Hindman. Mrs. Anne Monroe, 3991 Marella Way, spoke in opposition to the City subsidizing various programs with tax monies. Joy Peugh, Senior Vice-Chairman of the Mayor's Committee for the Employment of the Handicapped, outlined the various activities and objectives of the Committee and requested financial support. Upon a motion by Councilman Miller, request from the Mayor's Committee for the Employment of the Handicapped for support, was referred to the Budget Review and Finance for study and recommendation. Mr. Andy Milinich, 5916 Cochran Drive, representing and Park Stockdale, stated they have financial Committee residents on Cochran Drive :04 Bakersfield, California, June 27, 1979 - Page 2 a problem with dust, dirt and noise caused by people using the Carrier Canal and its banks, on the north and south sides, for racing, water skiing, hunting, drinking, etc. Mr. Milinich requested that something be done to alleviate the problem. Upon a motion by Councilman Christensen, the Assistant City Clerk was directed to furnish a transcript of Mr. Milinich's statement to the Police Department and Water Board; and the Police Department and Water Board were requested to investigate the situation and report back to the staff and Council for appropriate action. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from the Greater Bakersfield Bicentennial Committee, Bakersfield 2000 Citizens Congress, recommending amendments to the Zoning Regulations, was received and referred to the Planning Commission. Upon a motion by Councilman Christensen, communication from J. F. Barron, dated June 25, 1979, requesting an amendment to the General Plan to permit an equipment rental firm on property located at 5416 Stine Road, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from Jay Alvin Wheelan, Regional Mortgage Co., Owner, and William Young, Contract Purchaser, dated June 26, 1979, requesting an amendment to the General Plan for commercial use on property located east o£ Hughes Lane, north of White Lane and west of South "H" Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Miller, communication addressed to Councilman Miller from Gene Young, Kern County Super- visor, dated June 27, 1979, requesting consideration by the City Council to open the entrance to the landfill at Panorama Drive to traffic both ways, was received, ordered placed on file and a public hearing on said matter was set for Wednesday, August 8, 1979. 2O5 Bakersfield, California, June 27, 1979 - Page 3 Upon a motion by Councilman Miller, communication from Jean S. Graupmann, 2401 Kaibab Avenue, dated June 18, 1979, regarding a proposed shopping center in Northeast Bakersfield, was received and ordered placed on file. Upon a motion by Councilman Ratty, telegram from United Airlines, dated June 26, 1979, notifying the City of Bakersfield that they are terminating service to this community as of July 1, 1979, was received and ordered placed on file. Councilman Ratty stated he would like to meet with other members of the Intergovern.- mental Relations Committee, either tonight after the meeting or tomorrow, to discuss the possibility of joining the County in a suit to stop the action United Airlines is presently taking. Councilman Means requested that the Intergovernmental Relations Committee investigate the possibility of other cities in Kern County participating in this action. COUNCIL STATEMENTS Councilman Ratty made a motion that the Budget Review and Finance Committee be instructed, during the coming fiscal year, to find a solution that will provide adequate funding for main- tenance and repair of City streets and come back to the Council with a report. This motion was unanimously approved. REPORTS Councilman Strong, Chairman of and Personnel Committee, read Report No. the Governmental Efficiency 6-79 regarding Increased Benefit for Fire Department Retired Employees Covered Under City's Relief and Pension Fund, as follows: The Governmental Efficiency and Personnel Committee as instructed by the City Council has reviewed the City's Fire Department Relief and Pension Board's request for a one time 3 to 15% increase. Attached to this report are the results o£ a recent actuarial study which indicates that there are sufficient assets available within the system to fund this in- creased benefit. This same benefit was granted to employees covered under the Public Employees Retirement System in September 1978. There are 206 Bakers£ield, California, June 27, 1979 - Page 4 presently 48 employees still covered under this pension program. Out of the 48, 34 will receive between 12% and 15% increases and in light o£ the financial problems resulting from inflation over the last few years, these in- creases are certainly justified. The average pension allowance for this group is approxi- mately $400 per month. The annual cost for this increase will amount to $21,879, however, based on the actuarial figures the funds are available in the pension program. Based on the results of the attached actuarial study, the Governmental Efficiency and Personnel Committee is recommending Council approval to amend Chapter 5.38 o£ the Municipal Code to grant this benefit effective July 31, 1979. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 6-79 regarding Increased Benefit for Fire Department Retired Employees Covered Under City's Relief and Pension Fund, was accepted; and recommendation as outlined in the report, was approved. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 5.38 of the Munici- pal Code by adding Section 5.38.188 adjusting retirement pay for certain retired employees. First reading was considered given an Ordinance of the Council o£ the City of Bakersfield amending Chapter 5.38 of the Municipal Code by adding Section 5.38.188 adjusting retirement pay for certain retired employees. Director of Fire & Development Services Needham stated the Council has been provided with a copy of a memorandum answering the questions posed by Councilman Miller at the meeting of June 13, 1979. If the Council would like to schedule a workshop session to discuss the Downtown Regional Shopping Center with the developer, Special Counsel Eugene Jacobs and staff a tentative date could be set tonight. Upon a motion by Councilman Ratty, the staff was requested to set a tentative date for a workshop session to discuss the Downtown Regional Shopping Center with the developer, Special Counsel Eugene Jacobs and staff members. Bakersfield, California, June 27, 1979 - Page 5 2O7 Director of Fire & Development Services Needham read a memorandum, dated June 27, 1979, regarding Questions Posed by Councilmen Miller, Payne and Christensen, at the Council Meeting of May 30, 1979, as follows: A letter from The May Department Stores Company to John S. Griffith & Company dated May 23, 1979, was read into the record at the City Council meeting of May 30, 1979. It was addressed to Mr. Daniel W. Donahue, who in turn provided it to the City only to indicate the May Company's intentions in downtown Bakers- field. It is not, and should not be, inter- preted as a threat to the City, nor a medium in which policy is dictated to the City Council. The letter was a communication between joint venture partners. The May Company and J. C. Penney have both independently conducted extensive market research on the Bakersfield trade area. They have reviewed alternative sites in and around the City. They have both concluded that "downtown" is the best location for a "full- line, single store" strategy (i.e., store areas of 150,000 square feet). All of the department stores that the Griffith Company is working with are concerned about potential developments either in the County or the City (i.e., in the market area). The department stores are prepared to go ahead and build new facilities in downtown Bakersfield. The Bakersfield trade area can (in the 1979-82 time frame) support an additional 750,000 to 900,000 square feet of major commercial retail. It would take an additional population growth in the "trade area" of at least 175,000 to economically support an additional regional center. It is anticipated that the Bakersfield trade area will gain sufficient population in the 1985-87 time frame to support another major retail center. Director of Fire & Development Services Needham stated he would like to make it clear that these are statements of the private developers and not staff. Councilman Strong requested that the memorandum read into the record by Director of Fire & Development Services Needham be made available to Mr. John Brock. Upon a motion by Councilman Miller, memorandum from Director of Fire & Development Services Needham, dated June 27, 208 Bakersfield, California, June 27, 1979 - Page 6 1979, regarding Questions Posed by Councilmen Miller, Payne and Christensen at the City Council Meeting of May 30, 1979, was received and ordered placed on file. On request of the Council, Director of Fire & Develop- ment Services Needham stated he would try to set the workshop session to discuss the Downtown Regional Shopping Center for Wednesday, July 18, 1979, and report back to the Council at the meeting of July ll, 1979. Councilman Barton reported that because of a time factor the Council has been furnished with a copy of a proposed ordinance granting a Nonexclusive Franchise to Warner Cable TV and the City Attorney will explain the procedures. City Attorney Hoagland stated the next step would be the adoption of a Resolution of Intention and if the Council so directed it could be prepared for adopted at the meeting of July ll, 1979. The Resolution of Intention will set forth the terms and conditions contained in the ordinance. The ordinance will not be acted upon for sometime. The Resolution of Intention will also set a date of hearing which cannot be earlier than 20 days nor later than 60 days from the passage of said resolution. August 1, 1979 would be the earliest date the hearing could be held and the ordinance adopted. Mr. Tom LaFourcade, General Manager o£ Warner Cable TV of Kern County, stated they would appreciate the Council setting the hearing for the earliest possible date. Upon a motion by Councilman Barton, the City Attorney was instructed to prepare a Resolution of Intention for the meeting of July 11, 1979, setting the date of hearing regarding the granting of a Nonexclusive Franchise to Warner Cable TV for August 8, 1979. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5976 to 6178, inclusive, in the amount of $574,576.20. Bakersfield, California, June 27, 1979 - Page 7 2O9 (b) (c) (d) (e) (f) (g) (h) (i) (J) Claim for Damages from Lionel L. Ramos Company, Insurance Claims Service, on behalf of O. L. Williams & Son. (Refer to City Attorney) Claim for Damages from William Galland and Donna Arlene Galland, 2417 Edwards Avenue, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Errol Gillis, Joanne Gillis and Noel and Rachel Gillis, 3900 Skokie, Bakersfield. (Refer to City Attorney) Grant Deed from Community Construction, Inc., providing Drainage Sump as required for Tract No. 3948, located north of Panama Lane and west of Akers Road. Map of Tract No. 3867 "B" and Improvement Agreement with B. L. Dickinson, Inc., for construction of improvements therein, located at the southeast corner of Panorama Drive and Fairfax Road. Notices o£ Completion and Acceptance of Work for improvements in: Tract No. 3867 (A), Contract No. 78-41, with B. L. Dickinson, Inc., located at Fairfax Road and Panorama Drive. Tract No. 3868 (A), Contract No. 78-48, with B. L. Dickinson, Inc., located at Fairfax Road and Panorama Drive. Notices of Completion and Acceptance of Work for improvements on: South King Street Reconstruction, Contract No. 79-68, with Granite Construction Co. Demolition and removal of structures and related improvements on portions of Blocks 325 and 307, City of Bakersfield, Contract No. 79-64, with Valley Tree and Construction Service. Application for Encroachment Permit from George M. Serban, 2600 E1 Berrendo Avenue, for construction of fence 6 feet behind flowline of curb on E1Potrero Lane at northwest corner of E1 Potrero Lane and E1 Berrendo Avenue. Application for Encroachment Permit from James C. Kliewer, 3317 Apollo Street, for construction of 6 foot high redwood fence along back of sidewalk along Fulton Street at southeast corner of Apollo Street and Fulton Street. Bakersfield, California, June 27, 1979 - Page 8 (k) (i) (m) (n) (o) (p) Application for Encroachment Permit from Donald T. Hoover, 6300 Brooklawn Way, for construction of 6 foot fence along back of sidewalk along Clubview Drive at northwest corner of Clubview Drive and Brooklawn Way. Budget Transfer from the Equipment Re- placement Contingency Account to General Equipment Replacement Funds, in the amount of $7,630.03, for the following: $3,000.00 Three surplus police sedans are to be used as standby equipment and four surplus lightweight Public Works Pickup Trucks were transferred to the Police Department for accident inves- tigation. The estimated salvage value of $3,000 should be transferred. $1,630.03 Funds are needed due to higher prices and fitting expense on two street sweepers. $3,000.00 Two surplus refuse trucks are to be used as standby equipment. The estimated salvage value of $3,000 should be transferred. Budget Transfer from the Council Contingency Fund, in the amount of $4,000, for funding for construction of Corporation Yard Facility Unit "E" Parking Canopy. Resolution No. 53-79 of the Council of the City of Bakersfield setting Wednesday, July 25, 1979, in the Council Chambers of City Hall, as the date and place of public hearing in matter of proposed Cancellation of Land Use Contract, with respect to part of land under the Williamson Act, and directing the City Clerk to give notice in accord with Section 51284 of the Govern- ment Code. Request from McPhee-LaBare and Associates, Civil Engineers-Land Surveyors, 3100 - 19th Street, for amendment to the General Plan for commercial use at the northeast corner of Wible Road and Panama Lane. (Refer to Planning Commission for study and recom- mendation) Request from Richard L. Lymp, P.O. Bin 9448, for abandonment of road easement located east of Alfred Hattell Highway, southwest of the Kern River and north of Highway 178. (Refer to Planning Com- mission for study and recommendation) Bakersfield, California, June 27, 1979 - Page 9 211 (q) Map of Tract No. 3827, Units C, D & E, and Improvement Agreements with Casa Linda, Inc., for construction of improve- ments therein, located east of Stine Road, south of Harris Road. Councilman Miller requested that Items (1) & (m) of the Consent Calendar be considered separately. Upon a motion by Councilman Miller, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (n), (o), (p) & (q) 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 Councilman Miller requested more information on Items (1) and (m) of the Consent Calendar. Director of Public Works Hawley stated, regarding Item (1), the current budget included funds for salvage value and it is now being requested that the money be transferred from the Equipment Replacement Contingency Fund to the Equipment Replacement Fund. In regards to Item (m), the Council budgeted $158,000 for various items to complete work at the New Corporation Yard. The City is in the process of purchasing furniture and equipment and the last item on the list was the Parking Canopy. The Council approved an additional $7,500.00 when the bid was awarded May 30, 1979. It was later determined that there were outstanding bills for the furniture and equipment, therefore, there is a $4,000.00 shortage in that account. Upon a motion by Councilman Miller, Items (1) and (m) of the Consent Calendar, were adopted by the Ayes: Noes: Absent: Councilmen Ratty, Miller None Councilman Payne Strong, Barton, following roll call vote: Christensen, Means, Bakersfield, California, June 27, 1979 - Page l0 ACTION ON BIDS Upon a motion by Councilman Means, bids of Valley Crest Tree Company (14 items) and Cooper's Landscaping (ll items), for plants for Quailwood, Grissom and Kroll Parks, were accepted and all other bids rejected. Upon a motion by Councilman Means, low bid of Valley Tree and Construction for demolition and removal of structures at six locations, was accepted and all other bids rejected. Acceptance of bid of Prudential Over- all Supply for Industrial Laundry Service. Mr. Bob Cornell, Manager of Mission Linen Supply, requested that the Council award the bid to Mission Linen Supply because they are a local firm, employ local people and pay local taxes. The lowest bidder, Prudential Overall Supply, is not a local firm. Finance Operations Manager Higginbotham stated a number of considerations were taken before recommending the award of the bid. The geographical location does not make any difference as long as they can satisfy the needs'of the City and deliveries are made on time. Each vendor satisfied the specifications and con- sideration was made on the overall cost. The three year contract savings in awarding the bid to Prudential Overall Supply was approxi- mately $7,200.00 on the uniforms alone. Mission Linen Supply was second lowest bidder. City Attorney Hoagland stated a bid cannot be awarded to the higher bidder whether they are local or not, unless there is good reason to turn down the low bid. That is a matter of law, not discretion. Councilman Miller stated being active in the local business community he can certainly relate to Mission Linen Supply's request. It is unfortunate the Council cannot assess the service aspect in terms of the tangible dollar value to the local business- man over someone from out of town. Bakersfield, California, June 27, 1979 - Page 213 Councilman Miller made a motion that all bids for Industrial Laundry Service, be rejected and the Finance Department be authorized to readvertise for bids. Councilman Strong offered a substitute motion that the low bid of Prudential Overall Supply for Industrial Laundry Supply, be accepted, all other bids rejected and the Mayor authorized to execute the contract. The following roll call vote: Ayes: Councilmen Ratty, Payne Noes: Absent: substitute motion carried by the Strong, Barton, Christensen, Means, Councilman Miller None Upon a motion by Councilman Barton, low bid of Bauer Coatings and Chemicals Division for purchase of Self-Propelled Traffic Line Marking Machine, was accepted, the other bid rejected and Budget Transfer from the Council Contingency Fund to the appropriate account, in the amount of $10,500, was approved. Councilman Miller voted in the~egative on this motion. Upon a motion by Councilman Strong, low bid of Colombo Construction Co. for construction of Farm Headquarters and Maintenance Building - Wastewater Treatment Plant No. 2, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, all bids for construction of the South Wing-Bakersfield City Hall, were rejected and the Finance Department was authorized to rebid the project. DEFERRED BUSINESS Adoption of Ordinance No. 2504 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 north of Pacheco Road and east of Stine Road. 214 Bakers£ield, California, June 27, 1979 - Page 12 was not Council come up. The application for this amendment was made by Jerry E. Vancuren and would change subject properties from an "A" (Agricultural) Zone to an M-1-D (Light Manufacturing - Architectural Design) and M-2 (General Manufacturing) Zones. Development Services Coordinator Tooker stated this area of the General Plan was originally zoned for industrial use. In December, 1976, the Council amended the General Plan to allow residential development. In order to preserve the rest of the industrial corridor the holding zone of "A" (Agricultural) was requested to be changed so the zoning matched the General Plan. The Planning Commission recommended this zone change. Councilman Means stated he is amazed that the previous Council allowed this and he hopes that in the future the policy will be changed and it will not happen again. Councilman Ratty stated this points out the fact that when there is a General Plan the Council should abide by it. This good planning and the Council should have stood firm. The should reflect on this when other changes of this nature Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2504 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 north of Pacheco Road and east of Stine Road, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent Abstaining: Councilmen Ratty, Strong, None None Councilman Christensen Barton, Means, Miller, Payne Bakersfield, California, June 27, 1979 - Page 13 215 Adoption of Ordinance No. 2505 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 "L" Street, between California Avenue and 14th Street. The application for this amendment was made by A. Dwight Danley and would change subject properties from an R-4 (Multiple Family Dwelling) Zone to a C-2-D (Commercial - Architectural Design) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2505 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 "L" Street, between California Avenue and 14th Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Miller, Payne Noes: None Absent: None Abstaining: Councilmen Christensen, Means NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending the Zoning Ordinance to allow limited Automotive Engine Shops, subject to a Conditional Use Permit, in the C-2 Zone. This proposed amendment was approved by the Planning Commission and would allow machine work on automobile and/or light and medium size two (2) - axle truck engines wholly within an enclosed building. In no event shall truck engines be removed or installed on the premises. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Zoning Ordinance to allow limited Automotive Engine Machine Shops, subject to a Conditional Use Permit, in the C-2 Zone. 216 Bakersfield, California, June 27, 1979 - Page 14 First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code to permit Automobile Custom Sunroof and "T-Top" Sales and Installation subject to a Conditional Use Permit in the C-1 Zone. This proposed amendment was approved by the Planning Commission and would allow automobile custom sunroof and "T-Top" sales and installation when done entirely within a building and excluding engine or other mechanical repair work. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code to permit Automobile Custom Sunroof and "T-Top" Sales and Installation subject to a Conditional Use Permit in the C-1 Zone. Adoption of Resolution No. 54-79 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Annexation No. 280 (Fairview No. 1). This is an uninhabited annexation containing approxi- mately 477.8 ~ acres of land located south of White Lane, north of the Arvin-Edison Intake Canal, west of Monitor Street and east of Hughes Lane. Councilman Barton pointed out to the Council that this annexation will create two inhabited County islands and will cause problems down the road in this area. Upon a motion by Councilman Strong, Resolution No. 54-79 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 280 (Fairview No. 1), was adopted and referred to the Public Works Department and City Attorney for submittal to LAFCO by the following roll call vote: Ayes: Councilmen Ratty, Miller, Noes: None Absent: None Strong, Barton, Christensen, Payne Bakersfield, California, June 27, 1979 - Page 15 217 Ayes: Noes: None Absent: None Adoption of Resolution No. 55-79 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identi- fied as Annexation No. 279 (College No. 3) This is an uninhabited annexation containing approxi- mately l10 ~ acres of land located north of East Niles Street, west of Morning Drive and south of College Avenue. Upon a motion by Councilman Miller, Resolution No. 55-79 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 279 (College No. 3), was adopted and referred to the Public Works Department and City Attorney for submittal to LAFCO by the following roll call vote: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Adoption of Resolution No. 56-79 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. 56-79 of the Council of the City of Bakersfield to allow Bakersfield Police Officers to participate in California Highway Patrol Training, Ayes: Noes: was adopted by the following roll call vote: Councilmen Ratty, Strong, Barton, Christensen, Miller, Payne None Means, Absent: None 218 Bakersfield, California, June 27, 1979 - Page 16 Adoption of Resolution No. 57-79 of the Council of the City of Bakers- field approving Application to the State of California Department of Health for an Application to operate the City's Domestic Water Enterprise. This City is required by State law to apply for a permit to operate the Domestic Water System. The application was approved by the Bakersfield Water Board on June 13, 1979. Upon a motion by Councilman Barton, Resolution No. 57-79 of the Council of the City of Bakersfield approving Application to the State of California Department of Health for an Application to operate the City's Domestic Water Enterprise, was adopted and the Mayor was authorized to execute said application by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Approval of Budget Transfer from the Council Contingency Fund to the Equipment Replacement Contingency Account, in the amount of $26,618.49, to balance the accounts. On July 12, 1978, the Council authorized a Budget Transfer of $47,162.28 from the Equipment Replacement Contingency Account to purchase a refuse truck to replace one that was demolished in a train accident. At the time it was assumed that the City would recover a portion of the replacement cost from the railroad's insurance carrier during the budget year. Since the City will not be reimbursed prior to July 1, 1979, $26,618.49 is needed from the Council Contingency Fund to balance the Equipment Replacement Contingency Account which is overdrawn. Upon a motion by Councilman Christensen, Budget Transfer from the Council Contingency Fund to the Equipment Replacement Contingency Account, in the amount of $26,618.49, to balance the accounts, was approved. Bakersfield, California, June 27, 1979 - Page 17 219 Approval of Budget Transfer from the Fire Department's Regular Salary and Wages Account of the Operations Sub- Program, in the amount of $41,500.00, to the Fire Fighting Equipment Account of Operations (11-642-7400), in the amount of $28,400.00, and Awards, Uniforms & Accessories Account of Operations (11-642-1700), in the amount of $13,100.00, to purchase safety clothing and breathing apparatus for Fire personnel. Several recent emergency situations have revealed that the present levels of safety for Fire personnel are insufficient and inadequate. They are presently being subjected to unacceptable levels of danger due to the lack of OSHA required safety gear. Upon a motion by Councilman Means, Budget Transfer from the Fire Department's Regular Salary and Wages Account of the Operations Sub-Program, in the amount of $41,500.00, to the Fire Fighting Equipment Account of Operations (11-642-7400), in the amount of $28,400.00, and Awards, Uniforms & Accessories Account of Operations (11-642-1700), in the amount of $13,100.00, to purchase safety clothing and breathing apparatus for Fire personnel, was approved. Approval of Cost Overrun Policy for the Rehabilitation Loan Program and Community Development staff authorized to implement that Policy. The age and construction materials originally used in the houses being rehabilitated under the loan program can at times make accurate estimates difficult. When actual work costs are found to be higher than the estimate, and the bank will not increase the loan to meet this amount, it is proposed that the Overrun Policy be applied. This will provide funds not to exceed $300, from the Block Grant Rehibilitation Loan Fund Account to cover these unforeseen costs. Councilman Miller stated he has mixed emotions about grants versus loans. Upon a motion by Councilman Payne, Cost Overrun Policy for the Rehibilitation Loan Program, was approved, and the 220 Bakersfield, California, June 27, 1979 - Page 18 Community Development staff was authorized to implement the Policy. Councilmen Ratty and Miller voted in the negative on this motion. Approval granted to upgrade four (4) Model 50 IBM Typewriters to Model 100, convert present lease to 60- month purchase plan and authorize the Mayor to execute the contract. In the Police Department, four (4) IBM Model 50 Memory Typewriters are currently being leased from IBM and have accrued maximum purchase credits. Converting from the present lease to a time-purchase will reduce the monthly payments by $230 ($613 vs. $383). This time-purchase agreement would include doubling the memory capacity, plus the City would own the equipment at the end of 60 months. Financing would be by IBM at an annual percentage rate of 7 3/4%. Councilman Miller made a motion to approve the upgrading of four (4) Model 50 IBM Memory Typewriters to Model 100, convert present lease to a 60-month purchase plan, and authorize the Mayor to execute the contract, with the stipulation alternate financing plans be investigated. Councilman Payne of£ered a substitute motion to approve the upgrading of four (4) Model 50 IBM Memory Typewriters to Model 100, convert present lease to a 60-month purchase plan and authorize the Mayor to execute the contract. Councilman Miller voted in the negative on this motion. Acceptance of Grant Deed £rom Texaco, Inc., £or property located on and adjacent to the Kern River, approxi- mately 3/4 mile west of Oak Street. The property is being acquired by the Water Department and is located on and adjacent to the Kern River, approximately 3/4 mile west of Oak Street. The property consists of 35.25 acres of land and the acquisition cost is $90,120. The Water Board approved the acquisition at its May 30, 1979 meeting and recommended Council acceptance. Funds for the acquisition are budgeted in the Agricultural Water Budget. Upon a motion by Councilman Barton, Grant Deed £rom Texaco, Inc., for property located on and adjacent to the Kern River, approximately 3/4 mile west of Oak Street, was accepted. Bakersfield, California, June 27, 1979 - Page 19 221 Councilman Miller stated, opposed to purchasing the IBM equipment, the substitute motion. This the Council on for the record, he was not he was only opposed to HEARINGS is the time set for continued public hearing before an Appeal by Leo Blackburn to the decision of the Board of Zoning Adjustment regarding a request by Rose Mary Ortiz for a Modification to permit a seven-foot high fence in the required side yard setback where maximum allowable fence height is six feet in an R-1 (One Family Dwelling) Zone, affecting that certain property in the City of Bakersfield commonly known as lll6 E1 Sereno Drive. This hearing was duly advertised and the property owners were notified as required by law. This hearing was continued from the Council Meeting of June 13, 1979, in order to work out a compromise between the two property owners. Councilman Means reported that a compromise was reached between the two property owners. Upon a motion by Councilman Means, Zoning Resolution No. 269 Granting Modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit the construction of a seven-foot high fence in the required side yard setback where maximum allowable fence height is six feet on that certain property commonly known as 1116 E1 Sereno Drive, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means, Miller, Payne Noes: None Absent: None Upon EXECUTIVE SESSION a motion by Councilman Barton, to an Executive Session at 10:05 P.M., for consultation with City's Labor Negotiator regarding Meet and Confer Sessions. the Council recessed the 222 Bakersfield, California, June 27, 1979 - Page 20 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Means, the meeting was adjourned at ll:10 P.M. MAYO~y off'Bakersfield, Calif. ATTEST: CITY C~K and E~o Clerk of the Council of the City of Bakersfield, California ma