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HomeMy WebLinkAboutOCT - DEC 1978302 Bakersfield, California, October 4, 1978 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 4, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Absent: Present: Mayor Hart. Councilmen Sceales, Barton, Christensen, Medders, Ratty Councilmen Rogers, Strong Minutes of the regular meeting of September 20, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, communication Tenneco Realty Development Corporation, dated September 26, 1978 from 1978, requesting extension of various tract or parcel map construction agreements, was received and referred to the Pub].ic Works Depart- ment for study and recommendation. Upon a motion by Councilman Sceales, communication from Pleasant View Missionary Baptist Church, dated October 1, 1978, requesting crosswalks near a parking lot located opposite the church building at 700 South Haley Street, was received and referred to the Traffic Engineer. Upon a motion by Councilman Ratty, communication from Kern Refuse Disposal, Inc., dated October 2, 1978, requesting a review of their rates, was received and referred to the Budget Review and Finance Committee for study and recommendation. COUNCIL STATEMENTS Councilman Christensen announced that he appointed Mrs. Lillie Givan, 3701 Christmas Tree Lane, to the Bakersfield 2000 Citizens Congress. Councilman Ratty stated that the time frame is getting rather short for acting on the ordinance altering the ward boundaries within the City. That ordinance will be placed on the Bakersfield, California, October 4, 1978 - Page 2 303 agenda next week for first reading and if the Council has any questions they should obtain answers prior to that time. Upon a motion by Councilman Medders, Mr. Lynn E. Hall, 713 Cantleberry Lane, was appointed to fill a vacancy on the Board of Directors of the Golden Empire Transit, created by the resignation of Arend Folkens, term expiring January 6, 1979. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1356 to 1506, inclusive, in the amount of $1,579,279.05. (b) Claim for Damages from Allstate Insurance Company on behalf of Charles Glisson, 21453 Jonathan Place, California City. (Refer to City Attorney) (c) Claim for Damages from Dennis L. Valdez, 2818 Wenatchee, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from George A. Boyle, Attorney for Claimant, Rickey Dale Harrington, 317 West Belie, Oildale. (Refer to City Attorney) (e) Claim for Personal Injuries from Milton M. Younger o£ Chain, Younger, Jameson, Lemucchi, Busacca, Williams & Noriega, Attorneys for Claimant, William David Chipp, 2604 Edwards Street, Bakersfield. (Re£er to City Attorney) (f) Grant of Street Right-of-Way from Richard Villareal for extension of Akers Road to White Lane. (g) Alleyway Easement from Tenneco Realty Development Corporation located north of Bridgeport Court and west of Ashe Road in Tract No. 3870. (h) Pedestrian Easement from Tenneco Realty Development Corporation located between Outingdale Drive in Tract No. 3873 and a future street south of Stockdale Country Club. (i) Map of Tract No. 3911-C and Improvement Agreement for construction of improvements therein - located south of Fjord Street and west of Valhalla Drive. (J) Notice of Completion and Acceptance of Work for Storm Drain in Panama Street between 31st Street and 34th Street - Contract No. 78-90 with Granite Construc- tion Company. 304 Bakersfield, California, October 4, 1978 - Page 3 (k) (i) Plans and Specifications for construction of California Avenue between Union Avenue and South King Street and modification of signals at Union Avenue and Baker Street. Request from Johnny's Sanitation for ex- tension of completion time on Contract No. 78-93 for work on construction of Inlets and Lateral Connections to the Oleander Avenue Storm Drain. The original completion date was August 12, 1978 and the revised completion date is November 5, 1978. Upon (d), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Noes: None Absent: Councilmen Rogers, Strong ACTION ON BIDS Upon a motion by Councilman Ratty, for construction of Concrete Improvements on a motion by Councilman Ratty, Items (a), (b), (c), Medders, Ratty low bid of Jim Alfter "T" and "L" Streets, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, bid of Kern County Equipment Company for Three-Wheel Turf Truck, was accepted and the other bid rejected. Upon a motion by Councilman Medders, low bid of M-B Company for Four-Wheel Street Sweepers, was accepted and all other bids rejected. Upon a motion by Councilman Medders, bid of Three Way Chevrolet for One Ton Cab & Chassis, was accepted. Upon a motion by Councilman Sceales, low bid of Ray Gaskin Service for Tilt-Cab & Chassis and bid of P-B Sales Company for Patcher Body, were accepted, all other bids rejected and Budget Transfer in the amount o£ $2,600.00 from the Council Contingency Account within the Equipment Replacement Fund to the appropriate account, was approved. Bakersfield, California, October 4, 1978 - Page 4 305 DEFERRED BUSINESS Adoption of Planning Commission's recommendation on an Annexation Policy for the City of Bakersfield. Action on this item was held over from the Council Meeting of September 20, 1978. City Manager Bergen reported that the Planning Commission is recommending that the City Council adopt an Annexation Policy that should significantly reduce annexations. The policy states that annexations would continue to be processed, if they are within the City's present service area. If they are outside the present service area it is recommended that a detailed cost benefit analysis be conducted before proceeding. The staff believes that this will severly curtail annexations. Our present service area is generally an area that will not extend beyond the outer limits of the City, in other words, islands or near-islands. Any annexation that would extend beyond the City's outer boundaries would require an additional detailed analysis on how the service would be expanded; specifically cost and who would pay for it. With Proposition 13 it is very important that the Council place some restrictions on annexations. With the aid of the Planning Commission's proposed Annexation Policy Map, Mr. Bergen explained that annexations that fall within the proposed service area should result in a lower total cost to residents of those areas. These annexations would provide a more cost effective delivery of services to both the City and County governments because of the existing developments and facilities the City has in these areas. By eliminating the service requirements of the County, to those islands and near- islands, they would not need to keep duplicate facilities available. City Manager Bergen, Director of Public Works Hawley and Fire Chief Needham, with the aid of maps showing the unincorporated islands and near-islands in the southwest Bakersfield area, explained 306 Bakersfield, California, October 4, 1978 - Page 5 the specific City City. services that are now available and the savings to and County governments if these areas were annexed into the At the request of Councilman Christensen, City Manager Bergen briefly reviewed the Municipal Organization Act of 1977 (MORGA) and its effect on annexation procedures for persons in the audience. Mr. Roy Mason, 3504 Kennedy Avenue, read a prepared statement and presented a copy of a petition that was presented to LAFCO requesting that the City withdraw the application for annexation of Wible No. 4 (Annexation No. 263), bounded on the east by Wible Road, on the south by Planz Road, on the west by South Real Road and the northerly boundary lies approximately feet north of Kennedy Avenue. During discussion, City Attorney Hoagland stated that under MORGA as far as the annexation of Wible No. 4 (an Island Annexation under 100 acres), the Council is out of it. The decision will be made by either LAFCO or the Kern County Board of Supervisors after public hearings. The City can request that the application be withdrawn, however, it would be up to LAFCO whether they would allow it to be withdrawn or not. After a lengthy discussion, upon a motion by Councilman Ratty the Planning Commission's recommendation on an Annexation Policy for the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilmen Rogers, Strong Adoption of Resolution No. 103-78 of the Council of the City of Bakers- field setting forth the Annexation Policy of the City of Bakersfield. Councilman Ratty made a motion to adopt a Resolution of the Council of the City of Bakersfield setting forth the Annexation Policy of the City of Bakersfield. Bakersfield, California, October 4, 1978 - Page 6 307 Ayes: Noes: Absent: Councilman Barton requested that the language of the resolution be amended to clearly provide that a financial impact report'-economic feasibility of all annexations must be made. Councilman Ratty's motion to adopt Resolution No. 103-78 of the Council of the City of Bakersfield setting forth the Annexa- tion Policy of the City of Bakersfield, including the provision that a financial impact report-economic feasibility of all annexa- tions must be made, was adopted by the following roll call vote: Councilmen Sceales, Barton, Christensen, Medders, Ratty None Councilmen Rogers, Strong NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 11.04 (Traffic Code), of the Municipal Code of the City of Bakersfield, by adding Section 11.04.465, Handicapped Parking, and Subsection 11.04.470 (a)(5) regarding Blue Curbs. This ordinance authorizes the Traffic Authority to designate certain parking spaces for the exclusive use of handi- capped persons. Mr. Joe Loiselle, representing the Community Access Network a volunteer organization under the Department of Rehabili- tation, thanked Mayor Hart for declaring this Handicapped Awareness Week and the Council for the Handicapped Parking Ordinance. Mr. Loiselle stated with a doctors authorization a blue plaque may be purchased from the Department of Motor Vehicles for $4.00, which can be used throughout the State of California, and must be placed on the automobile dash in order to park in the blue zones without being fined. Councilman Medders asked if there was funding available in the Community Development Block Grant Program that could be used to lower curbs for the convenience of handicapped persons. 3O8 Bakersfield, California, October 4, 1978 - Page 7 Director of Fire and Community Development Services Needham stated that he would investigate and report back to the Council next week. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 11.04 (Traffic Code), of the Municipal Code of the City of Bakersfield, by adding Section 11.04.465, Handicapped Parking, and Subsection 11.04.470 (a)(5) regarding Blue Curbs. First reading of an Ordinance of the Council of the City of Bakersfield adding Sections 14.08.030, 14.08.040 and 14.08.050 to Chapter 14.08 of the Municipal Code to provide that Fire- men engaged in Arson Investigation and Enforcement of Fire Laws are Peace Officers and may carry a loaded Firearm. This ordinance makes Arson Investigators of the Fire Department Peace Officers and authorizes them to carry a firearm. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Sections 14.08.030, 14.08.040 and 14.08.050 to Chapter 14.08 of the Municipal Code to provide that Firemen engaged in Arson Investigation and Enforce- ment of Fire Laws are Peace Officers and may carry a loaded Firearm. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 17.58 to Title 17 of the Municipal Code of the City of Bakersfield to provide for Fees in lieu of Parking Spaces. This ordinance modifies the parking requirements in the downtown area and establishes a payment of a fee in lieu of pro- viding the parking. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 17.58 to Title 17 of the Municipal Code of the City of Bakersfield to provide for Fees in lieu of Parking Spaces. Bakersfield, California, October 4, 1978 - Page 8 309 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.56.010 and 17.56.100 of Chapter 17.56 (Auto- mobile Parking Requirements) of the Municipal Code of the City of Bakersfield. This ordinance modifies the existing Parking Ordinance to make it consistent with the provisions of the ordinance pro- viding for In-Lieu Parking Fees. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.56.010 and 17.56.100 of Chapter 17.56 (Automobile Parking Requirements) of the Municipal Code of the City of Bakersfield. 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 Bakers£ield commonly known as 1817 Beale Avenue. The application for this amendment was made by Merlin G. Bowman and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to a C-O-D (Commercial and Professional Office - 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 that certain property in the City of Bakersfield commonly known as 1817 Beale Avenue. Adoption o£ Resolution No. 104-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation o£ territory to the City of Bakersfield, identi- fied as Annexation No. 276 (Pacheco No. 9). This is an uninhabited annexation consisting of approxi- mately 216 acres of land and is located at the northwest corner of Pacheco Road and South "H" Street. Upon a motion by Councilman Barton, Resolution No. 104-78 of Application of the Council of the City of Bakersfield proposing 310 Bakersfield, California, October 4, 1978 - Page 9 proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 276 (Pacheco No. 9), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Noes: Absent: Councilmen Sceales, Barton, Christensen, Ratty None Councilmen Rogers, Strong, Medders Adoption of Resolution No. 105-78 of the Council of the City of Bakers- field approving the findings made by the Bakersfield Board of Zoning Adjustment in Granting a Conditional Use Permit for a Private Airfield near Comanche Road and Highway 178. The Board of Zoning Adjustment approved the airstrip to be located south and east of State Route 178 and Comanche Road Intersection July ll, 1978, subject to conditions. The State Department of Transportation, Division of Aeronautics, requires the City Council to approve the Board of Zoning Adjustment's findings and action to approve. After discussion, upon a motion by Councilman Ratty, Resolution No. 105-78 of the Council of the City of Bakersfield approving the findings made by the Bakersfield Board of Zoning Adjustment in Granting a Conditional Use Permit for a Private Airfield near Comanche Road and Highway 178, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilmen Rogers, Strong Approval of Contract with Panama School District for Community Recreation Program. Upon a motion by Councilman Sceales, Contract with Panama School District for Community Recreation Program, approved and the Mayor was authorized to execute same. was Bakersfield, California, October 4, 1978 - Page 10 311 Adoption of Rules and Regulations for the Discharge of Firearms within the City Limits. These rules and regulations will implement the recently passed ordinance amending Section 10.16.020 of the Municipal Code regulating the use of Firearms in the City. Upon a motion by Councilman Sceales, Rules for the Discharge of Firearms within the City Limits, following roll call vote: and Regulations were adopted Barton, Christensen, Medders, Ratty by the Ayes: Noes: Absent: Councilmen Sceales, None Councilmen Rogers, Strong Repeal of Ordinance No. 2441 New Series and Adoption of Resolution No. 106-78 approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as Annexation No. 258 (Manor No. 2) and providing for the taxation of said territory to pay the bonded indebtedness of said City. On September 6, 1978, the City adopted Ordinance No. 2441 New Series approving the annexation of Manor No. 2. Under the new Annexation Law the approval must be by resolution rather than ordinance. Upon a motion by Councilman Medders, Ordinance No. 2441 New Series, was repealed; and Resolution No. 106-78 approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as Annexation No. 258 (Manor No. 2) and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilmen Rogers, Strong SCHEDULED PUBLIC STATEMENTS Mrs. Cam McGuire, 709 White Lane, officer in Centurion Construction Corporation, stated they have four fourplexes at 805, 312 Bakersfield, California, October 4, 1978 - Page 11 817, 821 and 901 Karma Court and there is an alley behind the fourplexes where people are constantly speeding which is very dangerous to small children. Mrs. McGuire requested extra police patrol because of the speeding and vandalism. Upon a motion by Councilman Ratty, the matter of speeding and vandalism in the alley behind 805, 817, 821 and 901 Karma Court, was referred to the Police Department for investigation and appropriate action. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Sceales, the meeting was adjourned at 9:35 P.M. ersfield, Calif. ATTEST: ~~CLERKa~~nd~-'~ CI -Officio Clerk of the Council of the City of~akersfield, California ma Bakersfield, California, October ll, 1978 3 _3 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 11, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. George James member of the High Council of the Church of Jesus Christ of Latter- Day Saints. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Councilman Strong Minutes of the regular meeting of October 4, approved as corrected. 1978 were CORRESPONDENCE Upon a motion by Councilman Medders, communication from Craig Holland and Pat Wennihan, 6505 Quailwood Drive, dated So October 9, 1978, requesting installation of electric traffic signals at the intersection of Stockdale Highway and E1 Rio Drive, was received and referred to the Traffic Authority for study and recommendation. Upon a motion by Councilman Rogers, communication from Mason, Vancuren & Wachob, Civil Engineers, on behalf of their client the Church of God of Prophecy, dated October 10, 1978, requesting annexation of property located on the northwest corner of Morning Drive and Willis Avenue, was received and referred to the Planning Commission for study and recommendation. REPORTS Director of Fire and Community Development Services Needham reported that Community Development Block Grant funds are available for altering or removing barriers that prevent the handi- capped from access to curbs, etc., in the City. In about two weeks when the staff presents the Community Development Program to the Council there will be a recommendation that approximately $25,000 of the funds be allocated for that purpose. 314 Bakersfield, California, October ll, 1978 - Page 2 Mr. Joe Loiselle, representing the Community Access Network sponsored by the Department of Rehabilitation, presented the Council with a letter stating that their meetings are scheduled to be held at the California Avenue Park Neighborhood Facility, which is not accessible to handicapped persons and requested that another site be located. Mr. Loiselle also presented copies of statistics on the handicapped and the law pertaining to access to public buildings by physically handicapped persons. Councilman Medders commended the Public Works Department for responding immediately to his request to install a ramp for the handicapped at the curb in the parking lot behind City Hall. Director of Fire & Community Development Services Needham, in response to a question by Councilman Medders, stated that arrangements are being made to locate another site for the handi- capped and elderly to hold their meetings and they will be notified. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1507 to 1625, inclusive, in the amount of $170,642.03. (b) Claim for Damages from Martha Molina, 3301 Kaibab Avenue, Bakersfield. (Refer to City Attorney) (c) Flowage Easement from Loma Vista Construction providing drainage site as required for Tract No. 3828 "A". (d) Map of Tract No. 3828 "A" and Improvement Agreement for construction of improvements therein - located west of South "H" Street and south of Fairview Road. (e) Map of Tract No. 3931 "B", "C" and "D" and Improvement Agreement for construction of improvements therein located south of White Lane and east of Akers Road. (f) Map of Tract No. 3932 "B" and "C" and Improvement Agreement for construction of improvements therein located south of White Lane and west of Akers Road. (g) Deleted. 315 Bakersfield, California, October 11, 1978 - Page 3 (h) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3894 located at Wimbledon, Barrington and Melbourne Streets Contract No. 77-149 with Tenneco Realty Development Corporation. (i) Application for Encroachment Permit from Mercy Hospital, 2215 Truxtun Avenue, for construction of concrete footings ex- tending 2' and 4' into the Truxtun Avenue right-of-way 10' below sidewalk grade. (j) Plans and Specifications for improving and resurfacing Sumner Street. (k) Plans and Specifications for construction of Traffic Signal Systems and Street Improvements on California Avenue at Chester Lane and Easton Drive and on Ming Avenue at Stine Road and New Stine Road. (i) Request from Tenneco Realty Development Corporation for Extension of Completion Time on the following developments: Original Agreement Requested Completion Project Number Extension Date Parcel Map 4110 77-116 3 months 8-24-78 Tract No. 3898 77-132 9 months 9-14-78 Tract No. 3899 77-150 9 months 10-12-78 Tract No. 3795 A 77-125 2½ months 8-24-78 (m) Request from Peter P. Mosesian, Attorney at Law, that the City accept extension of Bernard Street as shown on Tentative Parcel Map 5111 to join with Sill Place and abandonment of a portion o£ Sill Place as shown on Tract Map 3836. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (1) and (m) o£ the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong ACTION ON BIDS Upon a motion by Councilman Medders, low bid of Jensen International for Bituminous Distributor Truck Cab & Chassis, was accepted, all other bids rejected and Budget Transfer in the amount 316 Bakersfield, California, October 11, 1978 - Page 4 of $4,700.00 from the Council Contingency Account within the Equipment Replacement Fund to the appropriate account, was approved. DEFERRED BUSINESS Adoption of Ordinance No. 2448 New Series of the Council of the City of Bakersfield amending Chapter 11.04 (Traffic Code), of the Municipal Code of the City of Bakersfield, by adding Section 11.04.465, Handicapped Parking and Subsection 11.04.470 (a) (5) regarding Blue Curbs. Upon a motion by Councilman Medders, Ordinance No. 2448 New Series of the Council of the City of Bakersfield amending Chapter ll.04 (Traffic Code), of the Municipal Code of the City of Bakersfield, by adding Section 11.04.465, Handicapped Parking, and Subsection 11.04.470 (a) (5) regarding Blue Curbs, was adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes None Absent: Councilman Strong Adoption of Ordinance No. 2449 New Series of the Council of the City of Bakersfield adding Sections 14.08.030, 14.08.040 and 14.08.050 to Chapter 14.08 of the Municipal Code to pro- vide that Firemen engaged in Arson Investigations and Enforcement of Fire Laws are Peace Officers and may carry a loaded Firearm. Upon a motion by Councilman Sceales, Ordinance No. 2449 New Series of the Council of the City of Bakersfield adding Sections 14.08.030, 14.08.040 and 14.08.050 to Chapter 14.08 of the Municipal Code to provide that Firemen engaged in Arson Investi- gation and Enforcement of Fire Laws are Peace Officers and may carry a loaded Firearm, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong Bakersfield, California, October ll, 1978 - Page 5 317 Adoption of Ordinance No. 2450 New Series o£ the Council of the City of Bakersfield adding Chapter 17.58 to Title 17 of the Municipal Code of the City of Bakersfield to provide for Fees in lieu of Parking Spaces. Mr. Wayne Marshall, co-owner of the Kress Building at 19th and "K" Streets, commented that they hope this is an interim ordinance that will allow their project to proceed and at a later date action will be taken to place the financial burden not only on buildings being remodeled downtown, but on merchants and property owners throughout the area. Councilman Barton stated that it was the wish of the Business Development and Parking Committee that this arrangement be for a short term so that people in Mr. Marshall's position would be able to proceed with their developments. The Redevelop- ment Agency and Council will be reviewing long term solutions for the downtown parking deficiencies. Upon a motion by Councilman Barton, Ordinance No. 2450 New Series of the Council of the City of Bakersfield adding Chapter 17.58 to Title 17 of the Municipal Code of the City of Bakersfield to provide for Fees in lieu o£ Parking Spaces, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong Director of Fire & Community Development Services Needham, with the aid of a map, pointed out the areas, as proposed by Quad Consultants and staff, that are being suggested as boundaries for the extended and core areas which will be affected by the In-Lieu Parking Fee Ordinance. City Manager Bergen stated that the ordinance adopted tonight provides for establishing the boundaries of the district by resolution, which will be presented to the Council at a later date. 318 Bakersfield, California, October 11, 1978 - Page 6 Councilman Barton requested that the Council or the Business Development and Parking Committee hold a public hearing on the boundaries with the property owners and merchants of that area. Adoption of Ordinance No. 2451 New Series of the Council of the City of Bakersfield amending Section 17.56.010 and 17.56.100 of Chapter 17.56 (Auto- mobile Parking Requirements) of the Municipal Code of the City of Bakers- field. Upon a motion by Councilman Ratty, Ordinance No. 2451 New Series of the Council of the City of Bakersfield amending Section 17.56.010 and 17.56.100 of Chapter 17.56 (Automobile Parking Requirements) of the Municipal Code of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong Adoption of Ordinance No. 2452 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 commonly known as 1817 Beale Avenue. The application for this amendment was made by Merlin G. Bowman and would change subject property from an R-3 Multiple Family Dwelling) Zone to a C-O-D (Commercial Office - Architectural Design) Zone. Upon a motion by Councilman Christensen, Negative Declaration and Ordinance No. 2452 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 commonly known as 1817 Beale Avenue, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Sceales None Councilman Strong (Limited and Professional Medders, Ratty, Rogers, 319 Bakersfield, California, October ll, 1978 - Page 7 Adoption of Ordinance No. 2453 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield'located on the south side of the Alfred Harrell Highway and Lake Ming Road Inter- section. The application for this amendment was made by George Nickel, Jr. and would change subject properties from an R-1 (One Family Dwelling) Zone to a C-O-D (Commercial and Professional Office - Architectural Design) and C-2-D (Commercial - Architectural Design) Zone. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2453 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of the Alfred Harrell Highway and Lake Ming Road Intersection, finding said zonings consistent with the General Plan, were adopted by the £ollowing roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong NEW BUSINESS Approval of Updated Precinct and Ward Boundary Map and First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City to the date of this ordinance. Upon a motion by Councilman Ratty, Updated Precinct and Ward Boundary Map, was approved; and first reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of the City Wards to reflect all annexations of territory to the City to the date of this ordinance. 320 Bakersfield, California, October ll, 1978 - Page 8 Approval of Agreement between the City and County of Kern to purchase Tax Deeded property located north of White Lane and west of South "H" Street. Upon a motion by Councilman Medders, Agreement between the City and County of Kern to purchase Tax Deeded property at an estimated cost of $378.74, located north of White Lane and west of South "H" Street, execute same. was approved and the Mayor was authorized to HEARINGS This is the time set for continued public hearing before the Council on Resolution of Intention No. 936 of the Council of the City of Bakersfield, declaring its intention to order the vacation of Alleys in Blocks 351 and 352 between "M" and "K" Streets, in the City of Bakersfield. This hearing has been duly posted. At the Council Meeting of September 20, 1978, the Public Works Department recommended that this item be deferred until the meeting of October ll, 1978, so that a development plan could be submitted and approved. Since the development plan was not submitted for the use of this property, the Public Works Depart- ment recommends that the request be denied. 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 Ratty, because a development plan was not submitted for the use of this property, request for the vacation of Alleys in Blocks 351 and 352 between "M" and "K" Streets, in the City of Bakersfield, was denied by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong Bakersfield, California, October ll, 1978 - Page 321 This is the time set for public hearing before the Council on Resolution of Intention No. 937 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Lake Ming Road, south of Alfred Harrell Highway, 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. Upon a motion by Councilman Rogers, Resolution No. 107-78 of the Council of the City of Bakersfield ordering the vacation of a portion of Lake Ming Road, south of Alfred Harrell Highway, in the City of Bakersfield, was adopted by the following roll call Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong Upon a motion by Councilman Rogers, Deed from Nickel Enterprises, was accepted; and conveyance by Quitclaim Deed to Nickel Enterprises for property on south side of Alfred Hartell Highway to Lake Ming Road, was approved and the Mayor was authorized to execute same. (Action on conveyance by Quitclaim Deed was taken just prior to adjournment o£ the meeting) This is the time set for public hearing before the Council to consider the adoption of an Ordinance of the Council of the City of Bakersfield amending portions of Title 13, including Chapters 13.01, 13.04, 13.16, 13.30, 13.40, 13.60, 13.64 and 13.66, concerning Buildings and Construction Regulations and Standards; adopting by reference the Uniform Building Code, 1976 Edition, and the Appendix thereto, the Uniform Mechanical Code, 1976 Edition, and the Appendix thereto, the Uniform Sign Code, 1976 Edition, the vote: Ayes: 322 Bakersfield, California, October ll, 1978 - Page 10 Uniform Plumbing Code, 1976 Edition, and Appendices A through H thereto, the Uniform Housing Code, 1976 Edition and the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition. This hearing has been duly advertised and no written protests or objections have been filed in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. Louise Crawford, representing Gundlach's Plumbing and Air Conditioning, read a prepared statement from Reta L. Watten- barget, Executive Director of Plumbing, Heating & Cooling Contractors, Plumbing and Mechanical Contractors Association, and Plumbing and Pipe Trades Industry Promotion of Kern, Inyo and Mono Counties, in support of the ordinance adopting the Uniform Building, Mechanical, Sign, Plumbing, Housing and Abatement of Dangerous Building Codes; and also requested that the Council, at a later date, adopting the Solar Energy Code, 1976 Edition. Assistant City Attorney Oberholzer stated a reference was made in Mrs. Wattenbarger's statement that the Appeals Board for the Uniform Mechanical and Plumbing Codes was deleted from the ordinance. The Appeals Board for these codes has been placed under the Board of Building Appeals in Subsection 13.04.120 (c). No protests or objections being received, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Rogers, Ordinance No. 2454 New Series of the Council of the City of Bakersfield amending portions of Title 13, including Chapters 13.01, 13.04, 13.16, 13.30, 13.40, 13.60, 13.64 and 13.66, concerning Buildings and Construction Regulations and Standards; adopting by reference the Uniform Building Code, 1976 Edition, and Appendix thereto, the Uniform Mechanical Code, 1976 Edition, and the Appendix thereto, the Uniform Sign Code, 1976 Edition, the Uniform Plumbing Code, 1976 Bakersfield, California, October ll, 1978 - Page ll 323 Edition, and Appendices A through H thereto, the Uniform Housing Code, 1976 Edition and the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition, was adopted by the following roll call Ayes: Noes: Absent: vote: Councilmen Barton, Christensen, Sceales Council, Medders, Ratty, Rogers, None Councilman Strong ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was adjourned at 8:50 P.M. MAY~'~of t~he~Cl y of~~ak~:sfield, Calif. ATTEST: CITY and lerk of the Council of t~fe City of Bake¥sfield, California ma 324 Bakersfield, California, October 18, 1978 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 18, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. Henry S. Florence, Jr., member of 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 Christensen, Medders, Ratty, Sceales, Strong Absent: Councilmen Rogers, Barton Minutes of the regular meeting of October ll, 1978 were approved as presented. PRESENTATION OF COMMENDATORY PLAQUES Mayor Hart presented Elvita Rodriquez, Rehabilitant of the Year and a victim of Multiple Sclerosis, with a commendatory plaque for overcoming tremendous obstacles and becoming a productive member of this community. Mayor Hart also presented a commendatory plaque to Mr. Stephen Austin, Attorney at Law, for hiring Mrs. Rodriquez and giving her the opportunity to demonstrate her capabilities as an employee. CORRESPONDENCE Upon a motion by Councilman Medders, communication from Larry Scheer Realty, Burbank, California, dated October 12, 1978, regarding a Planned Development for Mobile Homes, was received and referred to the Planning Commission. Upon a motion by Councilman Sceales, communication from Park Stockdale Civic Association, Inc., dated October 6, 1978, requesting a stop light at the intersection of Lennox Street and California Avenue, was received and referred to the Traffic Authority for study and recommendation. Bakersfield, California, October 18, 1978 - Page 2 REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 4-78 regarding Recreation Fees, as follows: The Recreation Department has been recently informed by the Kern High School District they can no longer provide the gymnasiums for the basketball and volleyball programs free of charge. The District has indicated a $7.00 per hour charge is necessary to pay for the cost of an employee to open and close the facilities. In addition, the County of Kern will no longer be paying for the cost of officials for the boys and girls junior high basketball program. As these additional costs were unknown and thus not budgeted for, this Committee recom- mends the following: 1) $10,450 be transferred from the Council's contingency fund to cover these costs so the program can be implemented. 2) In keeping with Council policy of re- covering the full cost of adult programs, the entry fee for adult basketball be increased from $230 per team to $400 and an entry fee of $45 per team be established for adult volleyball. In addition, a 50% recovery of cost be instituted for the elementary and junior high basketball pragram and an entry fee of $55 per team be established. Upon a motion by Councilman Christensen, Report No. 4-78 from the Auditorium-Recreation Committee regarding Recreation Fees, was accepted; and recommendations as outlined in the report, were approved. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 10-78 regarding Chester Avenue Grade Crossing, as follows: The Council has referred to this Committee a letter from the Greater Bakersfield Separation of Grade District in which they requested a meeting to discuss the City's participation in this project. This Committee has met with representatives of this District and the Board of Supervisors. It is our understanding the proposed grade crossing will be given a very high priority by the P.U.C. which will fund 80% of the cost, 10% will be funded by the Southern Pacific Railroad and the remaining 326 Bakersfield, California, October 18, 1978 - Page 3 10% must be a local share. The major portion of the local share which is currently estimated at between $300,000 to $350,000 will be funded by the District, however, as a result of Proposition 13 they are requesting City and County participation in the financing of the remaining amount. This Committee feels this project is urgently needed. The Board of Supervisors have indicated their support for the project and intent to participate in the funding and this Committee would recommend the Council approve a similar letter of intent. Upon a motion by Councilman Medders, Report No. 10-78 from the Budget Review and Finance Committee regarding Chester Avenue Grade Crossing, was accepted; and Letter of Intent from the City of Bakersfield indicating support and participation in the Chester Avenue Grade Crossing Project, was approved. Public Works Director Hawley reported on the status of the Truxtun Avenue Project, as follows: The Truxtun Avenue Project is divided into two parts; (1) the Grade Separation at the Santa Fe tracks, and (2) the road extension. The Grade Separation has been approved by the Public Utilities Commission and railroad company, and plans were submitted to the State Department of Transportation in Sacramento on August 21, 1978. The City expects authorization to proceed on the Grade Separation around November 10, 1978. As far as the road extension is concerned, problems have arisen and a lengthy delay has been encountered in completing the environ- mental process. The draft Negative Declaration was submitted to the State in January, 1978; they approved it and submitted it to the Federal Highway Administration on April 20, 1978. The Federal Highway Administration approved it and authorized the City to submit it to the public for their consideration on June 20, 1978. The City began processing the Negative Declaration on June 30, 1978; the 30 day review period was completed on July 31, 1978 and submitted to the State around August 17, 1978. The City was notified, yesterday, that the State Depart- ment of Transportation approved the Negative Declaration. The State has signed and submitted it to the Federal Highway Administration. Since the Federal Highway Administration approved the draft it is anticipated that it will only take about one month to approve the final Negative Declaration. After the Federal Highway Bakersfield, California, October 18, 1978 - Page 4 Administration approves the environmental process then the City is authorized to begin with the acquisition of property. There are three parcels that the City will have to acquire. The City cannot proceed until authorization is granted from the Federal Highway Administration, because the project is being funded with both State and Federal Highway funds. It is estimated that March l, 1979 is the earliest construction can be started. The City originally anticipated that the environmental process would take only two or three months, and so far it has taken between nine and ten months. At the beginning of this year the project was on schedule, based on the schedule that was determined at the time the application was filed for the Grade Separation. At this point the project is five to six months behind schedule. City Manager Bergen urged the Council and public to read and comment on the Air Quality Nonattainment Area Plan (AQMP/NAP) report that was distributed tonight, because it has far reaching implications for the City and County. The Air Quality Pollution Control District for the County is the Board of Supervisors and they are presently considering this plan. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1626 to 1722, inclusive, in the amount of $145,801.09. (b) Claim for Damages from the Automobile Club of Southern California on behalf of Robert Heckman, 2616 Drake Street, Bakersfield. (Refer to City Attorney) (c) Street Easement from Shalimar Hills Development Company as required for Parcel Map No. 4921. (d) Map of Tract No. 3945 "A" and Improvement Agreement for construction of improvements therein located south of Freeway 178 at Fairfax Road. (e) Application for Encroachment Permit from Mr. & Mrs. M. Severini, 127 "A" Street, for construction of retaining wall and 4 foot high masonry and wrought iron fence at back of sidewalk at 127 "A" Street. 328 Bakersfield, California, October 18, 1978 - Page 5 (f) Application for Encroachment Permit from Samuel Neira, 19 Oakdale, for construction of 6 foot chain link fence 13' to 14' behind curb on "0" Street at southwest corner of California Avenue & "0" Street. (g) Plans and Specifications for construction of a Reinforced Concrete Box Culvert at 30th Street and the East Side Canal. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Sceales, Strong Noes: None Absent: Councilmen Rogers, Barton ACTION ON BIDS Upon a motion by Councilman Medders, bids of Jim Burke Ford for 25,000 Lb. GVW Conventional Truck Cab & Chassis and Ray Gaskin Service for 28,000 Lb. GVW Tilt-Cab & Chassis, were accepted and all other bids rejected. Upon a motion by Councilman Ratty, low bid of Hoven and Company for Annual Contract for Blueprint Reproduction, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, bid of Kern Business Forms for Annual Contract No. 13679 for Printed Forms, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Wardlaw Fire Equipment for 1½" Fire Hose, was accepted and all other bids rejected. Upon a motion by Councilman Sceales, low bid of Clark's Sprinkler Service for Irrigation System for Kroll Park, was accepted, the other bid rejected and the Mayor was authorized to execute the Contract. Upon a motion by Councilman Strong, low bid of Granite Construction Company for construction of Storm Drains in East 19th Street and Brown Street, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Bakersfield, California, October 18, 1978 - Page 6 329 DEFERRED BUSINESS Adoption of Ordinance No. 2455 New Series of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City to the date of this ordinance. Upon a motion by Councilman Christensen, Ordinance No. 2455 New Series of the Council of the City of Bakersfield amending Chapter 4.04 of the Municipal Code altering the boundaries of City Wards to reflect all annexations of territory to the City to the date of this ordinance, was adopted by the following roll call vote Ayes Noes Councilmen Christensen, Medders, Ratty, Sceales Councilman Strong Absent: Councilmen Rogers, Barton NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 17.75 to the Municipal Code relating to the California Sur- face Mining and Reclamation Act of 1975, for use in meeting minimum standards in compliance with said Act. This ordinance implements the Reclamation Act of 1975 for surface mining; it does not include prospecting or drilling for oil, gas or water. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 17.75 to the Municipal Code relating to the California Surface Mining and Reclamation Act of 1975, for use in meeting minimum standards in compliance with said Act. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northwest corner of Wilson Road and Sage Drive and making findings in connection with P.U.D. Zone. 330 Bakersfield, California, October 18, 1978 - Page 7 The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development),or more restrictive Zone First reading was considered give~ an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northwest corner of Wilson Road and Sage Drive and making findings in connection with P.U.D. Zone. Adoption of Resolution No. 108-78 of the Council of the City of Bakers- field deleting Council Meetings in the months of November, December, 1978 and January, 1979. of in adopted by Ayes Noes Absent: Upon a motion by Councilman Ratty, Resolution No. 108-78 the Council of the City of Bakersfield deleting Council Meetings the months of November, December, 1978 and January, 1979, was the following roll call vote: Councilmen Christensen, Medders, None Councilmen Rogers, Barton Approval of Program Supplement No. 5 and No. 6 to Local Agency-State Master Agreement for Railroad Crossing Protection construction at intersections of Santa Fe Rail- road with Sonora Street and "M" Street. Ratty, Sceales, Strong No. road Crossing Protection construction at intersections of Santa Fe Railroad with Sonora Street and "M" Street, were approved and the Mayor was authorized to execute same. Councilman Strong stated that he would like to record to indicate that he voted "No" on the adoption of Ordinance No. 2455 altering the Ward Boundaries in the City of Bakersfield. Upon a motion by Councilman Medders, Program Supplement 5 and No. 6 to Local Agency-State Master Agreement for Rail- Bakersfield, California, October 18, 1978 - Page 8 331 ADJOURNMENT There being no further business to come be£ore the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 8:30 P.M. MA O/~~y of Ba~ Calif. ATTEST: IT~CLERKan~~~ C Officio Clerk of the Council of the City of ~kers£ield, California ma 332 Bakersfield, California, October 25, 1978 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 25, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton (seated at 8:05 P.M.) Absent: Councilman Christensen Minutes of the regular meeting of October 18, 1978 were approved as presented. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1723 to 1906, inclusive, in the amount of $193,938.84. (b) Claim for Damages from Estate of Brice Pollard, Connie Marie Pollard, Donna L. Pollard, Larry F. Pollard, Marilyn G. Burubeltz, 3809 Apache Avenue, Bakers- field. (Refer to City Attorney) (c) Correctory Quitclaim of Canal Easement from Tenneco West, Inc., correcting an error in a prior deed and granting to the City an easement for entire length of the Calloway Canal. (d) Director's Deed from State of California providing the City with a portion of the "H" Street right-of-way which was acquired by the State as part of the Route 58 Freeway project. (e) Notice of Completion and Acceptance of Work for construction of curbs and gutters on various streets in the Mayflower-Sunset District (E.D.A. Project No. 07-51-22588, Phase I) - Contract No. 77-191 with S. Salomon Pipeline Construction. (f) Request from Fortune Builders, Inc., for extension of completion time on Contract No. 77-146 for Tract No. 3804 "A" and "B". The Public Works Department recommends a 30 day extension to November 12, 1978, and if work is not completed by that time the contract will be turned over to the bonding company. Bakersfield, California, October 25, 1978 - Page 2 333 (g) Application for Encroachment Permit from Watson Construction Company, P.O. Box 663, Bakersfield, for temporary connection to Alfred Harrell Highway approximately 1800 feet west of Lake Ming Road for construction materials and equipment delivery. The Public Works Department recommends approval subject to the following condition: Signs, delineation and the temporary connection within the right-of-way shall be installed as directed by the Traffic Authority. (h) Plans and Specifications for construction of Canal Culverts at White Lane and the Stine Canal and at Stine Road and the Farmer's Canal. (i) Resolution No. 109-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 643, Annexation No. 266 (Belle Terrace No. 1), in accordance with LAFCO Resolution making determina- tion. This resolution sets date of hearing for Wednesday, December 6, 1978. (J) Resolution No. 110-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 644, Annexation No. 267 (California Avenue No. 4), in accordance with LAFCO Resolution making determina- tion. This resolution sets date of hearing for Wednesday, December 6, 1978. (k) Resolution No. 111-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 637, Annexation No. 261 (Union Avenue No. 8), in accordance with LAFCO Resolution making determination. This resolution sets date of hearing for Wednesday, December 6, 1978. Upon a motion by Councilman Ratty, 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 Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen 334 Bakersfield, California, October 25, 1978 - Page 3 ACTION ON BIDS Upon a motion by Councilman Medders, bid of Water Specialties Corporation for Annual Contract for Water Meters, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2456 New Series of the Council of the City of Bakersfield adding Chapter 17.75 to the Municipal Code relating to the California Surface Mining and Recla- mation Act of 1975, for use in meeting minimum standards in compliance with said Act. Upon a motion by Councilman Medders, Ordinance No. 2456 New Series of the Council of the City of Bakersfield adding Chapter 17.75 to the Municipal Code relating to the California Surface Mining and Reclamation Act of 1975, for use in meeting minimum standards in compliance with said Act, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen Adoption of Ordinance No. 2457 New Series of the Council of the City of Bakersfield amending Section 17.20.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the north- west corner of Wilson Road and Sage Drive and making findings in connec- tion with P.U.D. Zone. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2457 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 Bakersfield, California, October 25, 1978 - Page 4 335 on the northwest corner of Wilson Road and Sage Drive and making findings in connection with P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: Councilman Christensen 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 bounded by "K" Street on the west, 40th Street on the north, Jewett Avenue on the east, and 38th Street on the north. The application for this amendment was made by William Monje and would change subject property from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an M-1-D (Light Manufacturing - 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 that certain property in the City of Bakersfield bounded by "K" Street on the west, 40th Street on the north, Jewett Avenue on the east, and 38th Street on the north. Adoption of Resolution No. 112-78 of the Council of the City of Bakers- field authorizing the Public Works Director to execute Right-of-Way Certifications. Certain Federal projects require the City's certification that it owns easements in the project area. This resolution gives the Public Works Director the authority to execute such certifi- cations. 336 Bakersfield, California, October 25, 1978 - Page 5 Upon a motion by Councilman Medders, Resolution No. 112-78 of the Council of the City of Bakersfield authorizing the Public Works Director to execute Right-of-Way Certifications, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: Councilman Christensen Councilman Barton announced that the Business Develop- ment and Parking Committee will hold a public hearing in the Council Chambers at 7:00 P.M., Monday, October 30, 1978, regarding setting boundaries for the extended and core areas that will be affected by the In-Lieu Parking Fee Ordinance in the downtown area. HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Kern River No. 6," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 3,380 + acres of land located south of Stockdale Highway and along the Kern River between Buena Vista Road and Interstate 5. 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 Rogers, Resolution No. 113-78 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 250, Proceeding No. 592 (Kern River No. 6) annexed to the City of Bakersfield and waiving the Council's Bakersfield, California, October 25, 1978 - Page 6 337 right to appoint a member to the Westside Mosquito Abatement District, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: Councilman Christensen This is the time set for public hearing before the Council on the Negative Declaration and Appeal by Lawton Powers to the decision of the Board of Zoning Adjustment regarding his application for a Conditional Use Permit in a C-2 (Commercial) and a C-2-D (Commercial - Architectural Design) Zones, to permit the construction, operation and maintenance of an Amusement Park for Scaled Down Formula 1 Cars on that certain property located north- east of Wible Road and White Lane Intersection. This hearing has been duly advertised and the property owners have been notified as required by law. The Board of Zoning Adjustment was of the opinion the proposed use would not be compatible with other uses in the area, and accordingly denied the application. If the Council elects to approve the Negative Declaration and Conditional Use Permit, the staff recommends the following conditions as mitigating measures: 1. Limit track operating hours to no later than 10:00 P.M. 2. Require applicant to construct additional fencing and/or sound barrier, as required, if noise from track becomes a problem to residents of the area. Councilman Sceales stated that due to a real or imaginary conflict of interest he would not participate in this matter. Mayor Hart declared the hearing open for public partici- pation. Mr. John Roy Johnson, 3812 April Street, presented a petition signed by 104 persons living in the immediate area of the proposed race track, opposing its development due to noise, traffic, pollution and property devaluation. 338 Bakersfield, California, October 25, 1978 - Page 7 in this Council is made. Mr. Roger Randall, Attorney representing owners of Maison de Monte Carlo Apartments that are within 400 feet of the proposed race track, questioned whether a Negative Declaration is appropriate instance because of the noise levels and requested the defer action on this matter until an environmental report Mr. Warren Cooley, representing Malibu Grand Prix, explained measures that would be taken to alleviate noise, the large investment they plan on making and the actual operation of the proposed race track. Mr. Paul Dunholter, representing Systems Control, Anaheim, California, explained the noise measurements they have taken from similar race tracks in California to determine the noise level that can be expected on the proposed track in Bakersfield. Mr. Dunholter also stated it has been determined from tests made in the area surrounding the proposed track that the ambient noise levels now existing are above the levels the Malibu Grand Prix track would generate. Mrs. Pam Roberts, 3701Marjal Street, opposed the pro- posed race track because of the traffic it would bring into the area. Mr. Robert Shelton, representing his daughter who is a property owner in the area, stated they are opposing the proposed race track because of the noise it will generate. Mr. Pat Beaty, 3400 Adanac Court, stated he did not receive notification of this hearing and opposes the proposed race track because of the traffic problems it would cause. Mr. A. K. MacLeod, 3500 Rocky Road, opposed the proposed race track because of the noise it would generate. In answer to a question Mr. Warren Cooley stated the tracks are approximately one-half mile long, top speed of the cars are 25 m.p.h. and it takes approximately 70 seconds to complete one lap. Bakersfield, California, October 25, 1978 - Page 8 3:39 Mr. John Roy Johnson stated it would be physically impossible to make one lap of this track in 70 seconds with a top speed of 25 m.p.h. Mr. Greg Butler, 4701 Stanton Way, stated he drove the track in Fountain Valley in 53 seconds and the computer print out indicated he was going at a speed of 33 m.p.h. No further protests or objections being received and no one else wishing to speak in favor, Mayor Hart closed the public portion of the hearing for Council deliberation and action. After discussion, upon a motion by Councilman Medders, Zoning Resolution No. 265 Denying Conditional Use Permit to permit the construction, operation and maintenance of an Amusement Park for Scaled-Down Formula 1 Cars on that certain property located northeast of Wible Road and White Lane Intersection, was adopted by the Ayes Noes Absent: Abstaining: following roll call vote: Councilmen Medders, Ratty, None Councilman Christensen Councilman Sceales ADJOURNMENT Council, adjourned at 9:10 P.M. Rogers, Strong, Barton There being no further business to come before the upon a motion by Councilman Ratty, the meeting was MA J/~y of Ba~-Calif. ATTEST: CI lerk of the Council oftthe City of Bakesfield, California ma 340 Bakersfield, California, November 1, 1978 Triplett, Congress. Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 1, 1978. The meeting was called to order by Vice-Mayor Medders followed by the Pledge of Allegiance. The City Clerk called the roll as follows: Present: Councilmen Ratty, Rogers (seated at 8:35 P.M.), Sceales, Strong, Christensen, Medders Absent: Mayor Hart. Councilman Barton Minutes of the regular meeting of October 25, 1978 were approved as presented. COUNCIL STATEMENTS Upon a motion by Councilman Sceales, Assistant City Attorney John A. Van Ryn was appointed as the City Attorney's alternate to the Board of Zoning Adjustment, term expiring December l, 1979. Councilman Strong announced that he appointed Josephine 1321 - 2rid Street, to the Bakersfield 2000 Citizens Councilman Ratty, referring to an article that appeared in the Monday, October 30, 1978, issue of the Bakersfield Cali- fornian entitled "Consolidated Fire Departments Cheaper," stated that it gives the impression that savings can only be accomplished through consolidation which would take a number of years. There are savings that can be made now rather than later, and waiting for consolidation is basically a political issue. Political issues have a tendency to run on and on and sometimes never get solved. No one is after the Firemen's job or trying to displace them, this can be accomplished through attrition. The article also implies that the City's fire services are more expensive than the County's. It states the City is paying $1.50 plus per $100 assessed valuation and the County pays 66~ per $100 assessed valuation. This has no bearing on the cost of the operation. The Council should offer a Bakersfield, California, November l, 1978 - Page 2 341 hand of friendship to the County Fire Department and their union, as soon as possible, since there are obviously efficiency savings that can be accomplished now. Councilman Ratty made a motion that the Council urge the Intergovernmental Relations Committee to establish contact with the County members to effectuate possible savings in the Fire Departments as soon as possible. Councilman Christensen asked what action has been taken regarding a request by the Council three years ago to investigate the feasibility of eliminating City and County Fire Stations that are in conflict with each other. Director of Fire & Development Services Needham stated that about a year ago the staff came to the Council with a request to relocate a fire station, which was not approved. Later the Intergovernmental Relations Committee presented the Council with the possibility of a study to research duplication of fire services and come up with an interim or preliminary solution, and this was pursued. During the middle of this process Proposition 13 was passed and totally changed the budgetary picture for both the City and County. At this point in time the staff agrees with Councilman Ratty's motion to pursue the study, although the financial picture is still not clear in relation to revenue for the County. The City has a fairly clear picture as to what is available in some areas, but not totally either. City Manager Bergen stated that this subject was referred, approximately six months ago, to the City-County Intergovernmental Relations Committee and they met on several occasions. There was a discussion on duplication or overlapping fire stations. It is still in Committee and it is assumed Councilman Ratty's motion will reactivate the discussions with the County. It is a very important subject that needs to be resolved. In the Bakersfield urban area there are at least two or three extra fire stations that are not needed. Both Fire Chiefs should be given the direction that they 342 Bakersfield, California, November 1, 1978 - Page 3 should recommend that to maintain duplicate fire facilities cannot be justified. The decision as to which fire stations should be phased out and manpower transferred should be based on the cost effective location of a station. Councilman Sceales stated negotiations were started prior to the passage of Proposition 13, simply because it was felt there were economies the City and County should share. There was a meeting held with County Supervisors and Councilmen to dis- cuss this mutual problem. City Manager Bergen stated there are three methods by which duplicate fire stations could be eliminated and still provide adequate fire service: 1. Functional Consolidation, as proposed by the County Fire Department. 2.Formation of a Metropolitan Fire Depart- ment. 3. Joint Powers Agreement with County of Kern. Councilman Strong requested that during the City-County discussions regarding fire stations that an investigation be conducted and information solicited from insurance firms as to how areas within the City are rated differently resulting in higher premiums in one area and lower in another. City Manager Bergen stated that are three major factors in rating an area: 1. Fire station location. 2. Manpower. 3. Water supply. Councilman Sceales explained how insurance firms rate areas within the City for fire insurance purposes. City Manager Bergen stated that one thing should be made perfectly clear and is the crux of why something has not been done in the past, and he did not want anyone to get the idea that he is inferring that this is a unilateral decision of the City. This Bakersfield, California, November 1, 1978 - Page 4 343 problem is going to have to be approached from both the City and County. There are at least six groups involved (City Council, County Board of Supervisors, City management, County management, City employees and County employees) and it should be made very clear that each of these groups are going to have to be part of the negotiation/discussion process. Councilman Medders asked what the County Fire Department was doing for funds since Proposition 13 eliminated the Structural Fire Tax of approximately 66~ per $100 assessed valuation. City Manager Bergen stated that that is one of the things that troubles him because the Structural Fire Tax could not be levied this year. The County Fire Department budget is approximately 14.5 million dollars. Twenty percentshould be removed for water shed (forest/mountain area). That would remove 2.9 million dollars and leave the County Fire Department budget at 11.6 million dollars for structural (urban & rural) fire protection. The County Fire Department was treated as a special district this year and they used 1.7 million dollars of bail-out funds, 3.4 million dollars of County Revenue Sharing funds and .5 million dollars of Anti- recessionary funds for a total of 5.6 million dollars. The re- maining 6 million dollars was a prorata share o£ the County-wide tax pool. This is how the County Fire Department was funded this year. (This statement was clarified by Mr. Bergen later in the meeting). Councilman Ratty's motion that the Council urge the Intergovernmental Relations Committee to establish contact with the County members to effectuate possible savings in the Fire Departments, as soon as possible, was approved. Councilman Rogers abstained from voting because he entered the meeting after the motion had been made. REPORTS Public Works Director Hawley, with the aid of a map, reported that on October 27, 1978, work was completed on the 344 Bakersfield, California, November l, 1978 - Page 5 extension of Ming Avenue from Ashe Road to Gosford Road and on Gosford Road from Ming Avenue to Stockdale Highway. The extension of these two streets provide a much needed alternate route between Freeway 99 and Cal-State Bakersfield and should provide some relief to the Stockdale Highway-California Avenue route to the southwest area. The work was a cooperative project between the City and Tenneco Realty Development Corporation and the City's share of the project was $144,000.00. Councilman Sceales asked if there were any plans for stop signs or traffic signals in this area to slow down traffic. Public Works Director Hawley stated that the inter- sections of E1 Rio Drive & Stockdale Highway and Gosford Road & Stockdale Highway, plus other alternatives, are being investigated for possible signalization. Councilman Ratty requested information on a petition that was referred to the Traffic Authority several months ago requesting a signal at the intersection of 21st and Oak Streets. Public Works Director Hawley stated all of the field work has been completed and a report should be presented to the Council in approximately two weeks. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1907 to 2027, inclusive, in the amount of $266,802.57. (b) Claim for Damages from Linda Hettmannsperger, 1072 Hingham Lane, Ventura, California. (Refer to City Attorney) (c) Quitclaim Deed from the City of Bakersfield to Jean E. C. Laborde & Madonna P. Laborde for old easements for nonexisting canals. (d) Flowage and Access Easement from Bakers- field County Club Development providing site for temporary retention basin south of Tract No. 3945 "A" and west of Fairfax Road as required for Tract No. 3945 "A". (e) Street Dedication from Kern High School District providing street right-of-way for Charger Way as required for Tract No. 3933. Bakersfield, California, November l, 1978 - Page 6 345 (f) Improvement Agreement for construction of improvements in Tract No. 3617 - located south of Pacheco Road and west of Union Avenue. (g) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3984 - Contract No. 77-175 with Elmer F. Karpe, Inc. (h) Notice of Completion and Acceptance of Work on construction of street improve- ments on Ming Avenue and Gosford Road - Contract No. 78-124 with Griffith Co. (i) Plans and Specifications for pavement improvements on Wilson Road from White Lane to Ginger Drive. (J) Resolution No. 114-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 639, Annexation No. 262 (Wible No. 3), in accordance withLAFCO Resolution making determination. This resolution sets date of hearing for Wednesday, December I3, 1978. (k) Resolution No. 115-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 642, Annexation No. 265 (Pacheco No. 8), in accordance with LAFCO Resolution making determination. This resolution sets date of hearing for Wednesday, December 13, 1978. Upon a motion by Councilman Ratty, 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 Ratty, Rogers, Sceales, Strong, Christensen, Medders Noes: None Absent: Councilman Barton ACTION ON BIDS Upon a motion by Councilman Sceales, low bid of American LaFrance for Class A 1500 GPM Fire Apparatus, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, low bids o£ Three-Way Chevrolet for four 5400 lb. G.V.W. trucks, Jim Burke Ford for one truck with air-conditioning and one cab & chassis and Wally Tucker 346 Bakersfield, California, November l, 1978 - Page 7 Datsun for four lightweight trucks, were accepted and all other bids rejected. Upon a motion by Councilman Sceales, all bids for construction of Security Lighting for Kroll Park, were rejected and the Finance Department was authorized to readvertise the project. DEFERRED BUSINESS Adoption of Ordinance No. 2458 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 bounded by "K" Street on the west, 40th Street on the north, Jewett Avenue on the east, and 38th Street on the south. The application for this amendment was made by William Monje and would change subject property from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an M-1-D (Light Manufacturing - Architectural Design) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2458 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 bounded by "K" Street on the west, 40th Street on the north, Jewett Avenue on the east, and 38th Street on the south, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rogers, Medders Sceales, Strong, Christensen, None Councilman Barton Approval of Amended Community Develop- ment Block Grant Program. During the Council Meeting of July 26, 1978 the Council authorized the staff to receive the Community Development Block Grant funds for 1978-1979 program year. Since that date some Bakersfield, California, November l, 1978 - Page 8 347 project allocations have been revised at the staff level to include $110,000.00 for direct housing which will be carried out through the Kern County Housing Authority and $24,000.00 for the removal of architectural barriers for the handicapped in the downtown area. Upon a motion by Councilman Strong, Amended Community Development Block Grant Program, which will include $110,000.00 for direct housing to be carried out through the Kern County Housing Authority and $24,000.00 for removal of architectural barriers for the handicapped in the downtown area, was approved and the staff was authorized to execute the program by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Ratty, Sceales, Strong, Christensen, Medders None Councilman Barton Councilmen Rogers Approval of Agreement with Security Pacific National Bank for the Com- munity Development Block Grant tIousing Rehabilitation Program. Housing rehabilitation-loan subsidy under the Community Development Block Grant Program necessitates an agreement with a lending firm who qualified for the program. Through staff evalua- tion Security Pacific National Bank qualified due to their past performance and success. Security Pacific has a program solely designed for this program. Upon a motion by Councilman Strong, Agreement with Security Pacific National Bank for the Community Development Block Grant Housing Rehabilitation Program, was approved and the Mayor was authorized to execute same. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 17.56.010 and 17.56.020 of the Municipal Code, concerning Off-Street Parking Require- ments. 348 Bakersfield, California, November 1, 1978 - Page 9 Proposed amendments to the parking requirements were approved by the Planning Commission and would make the £ollowing changes: Parking lanes or spaces within major arterial streets and streets for which plans for a bicycle lane have been adopted may not be used in calculating the required guest parking spaces. Would allow 20 percent of the required spaces for multiple family units to be compact stalls or tandem parking, or in any combination thereof. Would allow an encroachment 82 feet, or 1 parking space into the required front yard setback area. Would change the parking requirements on efficiency apartment units or one bedroom apartment units from 2 plus 1/3 guest to 12 plus 1/3 guest. Councilman Ratty stated that the Business Development and Parking Committee's intent was to remove parking off the streets entirely and requested that the ordinance be altered to reflect that intent. City Manager Bergen stated the ordinance would be changed before it is placed on the agenda next week for adoption. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 17.56.010 and 17.56.020 of the Municipal Code, concerning Off-Street Parking Requirements. City Manager Bergen clarified the method by which the County Fire Department was funded for this fiscal year. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property commonly known as 5001 Stockdale Highway approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Carver Development and would change subject property from C-O-D (Commercial - Bakersfield, California, November l, 1978 - Page 10 349 Architectural Design) Zone to a P.C.D. (Planned Commercial Develop- ment), or more restrictive Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property commonly known as 5001 Stockdale Highway approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Panama Lane and South "H" Street Intersection. The application for this amendment was made by Golden Empire Development Company and would change subject properties from an "A" (Agricultural) Zone 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 (Commercial - Architectural Design), or more restrictive Zones. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Panama Lane and South "H" Street Intersection. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3319 Maywood Drive and making findings in connection with P.U.D. Zone. The application for this amendment was made by The Development Groupe and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development), or more restrictive Zone. 350 Bakersfield, California, November l, 1978 - Page ll First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3319 Maywood Drive and making findings in connection with P.U.D. Zone. Approval of Engineering Services Agreement between the City and Moreland Engineering, Inc., for investigation & design of street improvements in portions of King Street, Virginia Avenue, Owens Street and Potomac Avenue. This project is being funded with Economic Development Administration funds and Community Development Block Grant funds and is the last phase of the 1977 Community Development Block Grant. The agreement has been approved by the Economic Develop- merit Administration for the portion of the project being constructed with E.D.A. funds. Upon a motion by Councilman Strong, Engineering Services Agreement between the City and Moreland Engineering, Inc., for investigation and design of street improvements in portions of King Street, Virginia Avenue, Owens Street and Potomac Avenue, was approved and the Mayor was authorized to execute same. Approval of Engineering Services Agreement between the City & Lusich, Patrick, Henderson, Mueller and Associates, for investigation and design of street improvements for the area bounded by California Avenue, Union Avenue, Atchison, Topeka & Santa Fe Railroad tracks and Southern Pacific Railroad tracks, Sunset Branch. This project is being funded with Economic Development Administration funds and they have approved the agreement. Upon a motion by Councilman Strong, Engineering Services Agreement between the City and Lusich, Patrick, Henderson, Mueller & Associates for investigation and design of street improvements for the area bounded by California Avenue, Union Avenue, Atchison, Bakersfield, California, November 1, 1978 - Page 12 Topeka & Santa Fe Railroad tracks and Southern Pacific Railroad tracks, Sunset Branch, to execute same. Council, adjourned at was approved and the Mayor was authorized ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was 9:00 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: nd ~fficio Clerk of the Council of the City of Bakersfield, California ma 352 Bakersfield, California, November 8, 1978 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 8, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. Howard Peterson member of 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 Rogers, Sceales, Strong, Barton, Christensen, Medders Absent: Councilman Ratty STUDENTS PARTICIPATING IN STUDENT GOVERNMENT DAY Mayor Hart welcomed and Student ~ayor Frank Juarez of East Bakersfield High School introduced the student counterparts for members of the Council who are participating in the Annual Teenage Student Government Day on Wednesday, November 15, 1978. ~inutes of the regular meeting of November l, 1978 were approved as presented. SCHEDULED PUBLIC STATE~ENTS ~r. Joe Weldin, 3512 Columbus Street, stated that because of the numerous accidents that have occurred at the intersection of Auburn and Columbus Streets he is requesting that a traffic signal be installed at that location. Councilman Rogers stated he is very familiar with the hazards at the intersection of Auburn and Columbus Streets and requested that the matter be referred to the Traffic Authority for study and recommendation back to the Council as soon as possible. ~r. Weldin requested that he be notified when the report from the Traffic Authority is placed on the agenda for Council consideration. CORRESPONDENCE Upon a motion by Councilman Medders, communication from Tenneco West, Inc., dated November 6, 1978, requesting cancellation Bakersfield, California, November 8, 1978 - Page 2 353 of their Land Use Contract dated February 15, 1977 as it affects those portions of Sections 6, 7 and 17, T. 30 S., R. 27 E. (located within the Stockdale No. l0 Annexation), was received and referred to the Fire and Development Services Department for study and recommendation. Upon a motion by Councilman Sceales, communication from Warner Cable of Kern County, Inc., dated November 8, 1978, giving notice of intention to raise rates in the incorporated service area of the City, was received and ordered placed on file. Upon a motion by Councilman ~edders, communication from the Kern County Employees Federal Credit Union, dated November 3, 1978, submitting a formal 30 day notification of cancellation of lease with the City for property currently being used as a parking lot, on Truxtun Avenue between "G" and "H" Streets, and requesting that the parking meters be removed, was received and ordered placed on file. REPORTS Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 11-78 regarding Chester Avenue Grade Crossing, as follows: This Committee has met with representatives of the Board of Supervisors, Greater Bakersfield Separation of Grade District and engineering firm designing the grade crossing. The engineering consultants indicated the appli- cation for the project, environmental clearance and agreement with the Southern Pacific Rail- road should be submitted to the PUC in January, 1979 in order to be processed by the PUC to meet the April 1, 1979 deadline. In order to submit an application, the Council must adopt the attached resolution authorizing the filing of an application. It was agreed the appli~ cation will be submitted requesting an under- crossing, pending further engineering cost studies. If these studies determine the difference between an undercrossing ~nd over- crossing to be significant, it is possible to request a change from the PUC without affecting the project's priority. Upon a motion by Councilman Medders, Report No. 11-78 from the Budget Review and Finance Committee regarding Chester Avenue Grade Crossing, was accepted. 354 Bakersfield, California, November 8, 1978 - Page 3 Adoption of Resolution No. 116-78 of the Council of the City of Bakers- field authorizing the Director of Public Works, to sign an Application by the City of Bakersfield to the Public Utilities Commission of the State of California for an order authorizing construction of the separation structure at the Main Line Track of the Southern Pacific Transportation Company on Chester Avenue. Upon a motion by Councilman Medders, Resolution No. 116-78 of the Council of the City of Bakersfield authorizing the Director of Public Works, to sign an Application by the City of Bakersfield to the Public Utilities Commission of the State of California for an order authorizing construction of the separation structure at the Main Line Track of the Southern Pacific Trans- portation Company on Chester Avenue, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: Councilman Ratty Director of Fire & Development Services Needham reported that the Air Pollution Control District, Kerncog and Kern County Board of Supervisors have worked in a conjunctive effort to set the criteria for achieving health standards as set forth in the Clean Air Act of 1977. The Board of Supervisors will officially act on the Air Quality Nonattainment Plan for the Kern County portion of the San Joaquin Valley Air Basin ~onday, November 13, 1978, during their regularly scheduled meeting. Kern County's air quality problem mainly relates to those brought about by stationary sources, which generally relates to oil production facilities. The strategies proposed in the Air Quality Maintenance Plan, with the overwhelming response by the oil industry to mitigate the problems associated with those stationary sources, lend to a credible plan with considerable assurance of success. Bakersfield, California, November 8, 1978 - Page 4 355 The adoption and commitment to the Air Quality Maintenance Plan, although mainly the responsibility of the Air Pollution Control Board, requires special attention of the Council with possible eventual adoption needed, especially as it relates to transportation and land use tactics. The transportation strategies involve methods to reduce vehicle miles traveled and waiting or idling time at railroad crossings. The major source of pollution in the County of Kern (91%) relates generally to stationary sources, which in most cases is oil production related facilities. The other 9% relates to vehicles and mobile sources. Director of Public Works Hawley explained the methods by which the City is implementing the transportation strategies. Director of Fire & Development Services Needham stated the Air Quality Nonattainment Area Plan that was submitted to the Council a few weeks ago is considered, by those who are very familiar with this area, as a model plan and it will be one of the first implemented in the State of California. The staff is urging the Council to become familiar with the plan and the impact it will have on the community in the future. CONSENT CALENDAR The following items were listed on the (a) (b) (c) (d) (e) Consent Calendar: Allowance of Claims Nos. 2028 to 2150, inclusive, in the amount of $1,101,404.50. Claim for Damages from Kern County Adminis- trative Office. (Refer to City Attorney) Claim for Damages from Lawrence R. Booth, Attorney at Law, 1121 North Avalon Blvd., Wilmington, California, on behalf of James Garcia. (Refer to City Attorney) Water Pipeline Easement from Tenneco Realty Development Corporation as required for Parcel Map No. 4912. Notice of Completion and Acceptance of Work on Inlet and Lateral Connections to Oleander Avenue Storm Drain - Contract No. 78-93 with Johnny's Sanitation Service. 356 Bakersfield, California, November 8, 1978 - Page 5 (f) Request from Thomas V. Reese, M.D., for throe month extension of time to complete Tract No. 3795A - Contract No. 77-125 with Valley View Development. Public Works Department recommends the three month extension of time. (g) Request from Kern Valley Homes for six month extension of time to complete Tract No. 3905 - Contract No. 77-151. Public Works Department recommends the six month extension of time. (h) Budget Transfer from the Public Works Equipment Replacement Contingency Account No. 81-484-6100 to the Public Works Auto Equipment Account No. 81-484-7200 and 7500 within the Equipment Replacement Fund, in the amount of $7,025.00, to replace a 1976 vechile that was demolished in a collision. (i) Resolution of Intention No. 938 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a future street right-of-way at the northwest corner of Brundage Lane and Cypress Street, in the City of Bakersfield, and setting Wednesday, December 6, 1978 for hearing on the matter before the Council. (J) Resolution No. 117-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 641, Annexation No. 264 (Pacheco No. 7), in accordance with LAFCO Resolution making determination. This resolution sets date of hearing for Wednesday, December 20, 1978. (k) Resolution No. 118-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 646, Annexation No. 269 (Real No. 2), in accordance with LAFCO Resolution making determination. This resolution sets date of hearing for Wednesday, December 20, 1978. Upon a motion by Councilman Strong, 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 Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: Councilman Ratty Bakersfield, California, November 8, 1978 - Page 6 357 ACTION ON BIDS Upon a motion by Councilman Sceales, low bid of Case Power & Equipment Company for 40 h.p. Turf Tractor, was accepted, all other bids rejected and Budget Transfer in the amount of $448.62 from the Council Contingency Account within the Equipment Replacement Fund to the appropriate account, was approved. Upon a motion by Councilman Medders, lew bids of Jim Burke Ford for one 6300 lb. G.V.W. Van and two 4-Door Sedans and Three-Way Chevrolet for one 4-Wheel Drive Pickup, were accepted and all other bids rejected. Upon a motion by Councilman Medders, low bids of Three- Way Chevrolet for two 5400 lb. G.V.W. Trucks and one 6100 lb. G.V.W. Truck and Wally Tucker Datsun for one 3700 lb G.V.W. Truck, were accepted and all other bids rejected. Upon a motion by Councilman Medders, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Assistant City Manager- Finance was authorized to negotiate a price with General Office Machine Company for Additional Priority Channel and Accessories for Police Department Word Processing System. DEFERRED BUSINESS Adoption of Ordinance No. 2459 New Series of the Council of the City of Bakersfield amending Sections 17.56.010 and 17.56.020 of the Muni- cipal Code, concerning Off-Street Parking Requirements. Upon a motion by Councilman Barton, Ordinance No. 2459 New Series of the Council of the City of Bakersfield amending Sections 17.56.010 and 17.56.020 of the Municipal Code, concerning Off-Street Parking Requirements, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Rogers, Medders None Councilman Ratty Sceales, Strong, Barton, Christensen, 358 Bakersfield, California, November 8, 1978 - Page 7 Adoption of Ordinance No. 2460 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3319 Maywood Drive and making findings in connection with P.U.D. Zone. The application for this amendment was made by The Development Groupe and would change subject property from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2460 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3319 Maywood Drive and making findings in connection with P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2461 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 commonly known as 5001 Stockdale Highway approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Carver Development and would change subject property from a C-O-D (Commercial - Architectural Design) Zone to a P.C.D. (Planned Commercial Development) Zone. Upon a motion by Councilman Medders, Negative Declaration and Ordinance No. 2461 New Series of the Council of the City of Bakersfield, California, November 8, 1978 - Page 8 359 Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property commonly known as 5001 Stockdale Highway approving the Preliminary Develop- ment 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 Rogers, Sceales, Medders Strong, Barton, Christensen, Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2462 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Panama Lane and South "H" Street Intersection. The application for this amendment was made by Golden Empire Development Company and would change subject properties from an "A" (Agricultural) Zone 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 (Commercial - Architectural Design) Zones. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2462 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Panama Lane and South "H" Street. Intersection, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: Councilman Ratty 360 Bakersfield, California, November 8, 1978 - Page 9 NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 245 Eye Street. The application for this amendment was made by James S. Butler and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to an R-3-P-D (Limited Multiple Family Dwelling - Automobile Parking - Architectural Design), or more restrictive Zone. The "D" Design Overlay was recommended by the Planning Commission to ensure design compatibility o£ required wall to be constructed adjacent to existing residential properties. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 245 Eye Street. Adoption of Resolution No. 119-78 of the Council of the City of Bakers- field setting boundaries for In-Lieu Parking Fees. This resolution sets the boundaries for the In-Lieu Parking Fees as required by Ordinance No. 2450 New Series. Upon a motion by Councilman Barton, Resolution No. 119-78 of the Council of the City of Bakersfield setting boundaries for In-Lieu Parking Fees, was adopted by the following roll call vote Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: Councilman Ratty Approval of Agreement between the City and Independent Development Company for construction of Sewer Main in Pierce Road and establishing a service area whereby Independent Development Company can recover a portion of construction cost from future connections. Bakersfield, California, November 8, 1978 - Page 10 361 Upon a motion by Councilman Medders, Agreement between the City and Independent Development Company for construction of a Sewer Main in Pierce Road and establishing a service area whereby Independent Development Company can recover a portion of construction cost from future connections, was approved and the Mayor was authorized to execute same. Approval of retaining Elmer Fox, Westheimer & Co. to audit grant funds under Title I of the Public Works Employment Act of 1976 and 1977. Upon a motion by Councilman Sceales, retention of Elmer Fox, Westheimer & Co. for the audit of grant funds under Title I of the Public Works Employment Act of 1976 and 1977 for a fee of $5,856, which will be paid from the grant funds, was approved. Authorization granted to Purchasing Division of the Finance Department to enter into Discount Agreements with Evans Electric for automotive electrical supplies and Bakersfield Redi-Mix for concrete. Discount agreements are informal miscellaneous supply contracts that the Purchasing Division has prenegotiated prices on for supplies of a nature that do not lend themselves to other purchasing programs. Minor cost automotive and building supplies are examples of the type of items appearing on discount agreements. Upon a motion by Councilman Medders, authorization was granted to the Purchasing Division of the Finance Department to enter into Discount Agreements with Evans Electric for automotive electrical supplies and Bakersfield Redi-Mix for concrete. Resignation of Third Ward Councilman Donald A. Rogers. Councilman Rogers, who was elected State Assemblyman representing the 33rd District on November 7, 1978, stated that it will be necessary for him to leave early in December to assume duties in Sacramento, and in order to give the Council the option of calling a Special Election to coincide with the General Election in March, 362 Bakersfield, California, November 8, 1978 - Page 1979 to select a Councilman to represent the Third Ward, he is submitting his resignation from the Bakersfield City Council as of tonight. Councilman Rogers stated it has been a rich and rewarding experience to have been on the Council and serve the City, and commended the Mayor, City staff and people of the Third Ward for the cooperation and support received during the six years he served on the Council. Mayor Hart stated it has been a privilege to serve on the Council with Mr. Rogers and commended him for his honesty and integrity. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:35 P.M. MAYO theBakersfield, Calif. ATTEST: CITY C~K and Ex~erk of the Council of the City of Bakesfield, California ma Bakersfield, California, November 15, 1978 363 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 15, 1978. The meeting was called to order by )~ayor Hart followed by the Pledge of Allegiance and Invocation by Mr. Stephen Austin member of 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 Sceales, Strong, Barton, Christensen, Medders, Ratty Absent: None Minutes of the approved as presented. regular meeting of November 8, CORRESPONDENCE Upon a motion by Councilman Medders, communication 1978 were from Inc., Real Estate Brokers and Developers, dated November requesting extension of time to complete Tract No. 3927, Dynaton, 13, 1978, Contract No. 77-167 with William M. Ravenscroft & Frank ~. Lick, was received, ordered placed on file and three months extension of time was granted. Upon a motion by Councilman Ratty, communication from Bakersfield Cable TV, Inc., dated November 15, 1978, giving notice of intention to raise rates and charges, effective February l, 1979, was received and ordered placed on file. REPORTS Councilman Sceales, Chairman of the Intergovernmental Relations Committee, read Report No. 3-78 regarding Agreements with Kern County for Animal Control Shelter and S.P.C.A. for Animal Control, as follows: After many months of negotiations with Kern County regarding a new animal shelter and recent negotiations with the S.P.C.A. regarding animal control, the Intergovernmental Relations Com- mittee is pleased to announce that tentative agreements have finally been reached on both of these issues. 364 Bakersfield, California, November 15, 1978 - Page 2 As the Council will recall, Mayor Hart was requested by the Council on April 26th of this year to write the Kern County Board of Super- visors informing them of the City's intentions to enter into an agreement with the County whereby we would provide a mutually agreeable landsite for a new animal shelter if the County would agree to all building and opera- tional costs on an on-going basis. As a result, the County has agreed to this proposal and plans to build a new facility on City owned property just south of the present animal shelter site (as outlined in the attached lease agreement). Construction is scheduled to begin in the next few months and hopefully within the next year the old animal shelter will be a thing of the past. The second attached agreement will turn over the pound master's responsibilities from the City Police Department to the S.P.C.A. It is the feelings of the staff and this committee that this function can be better performed by trained professionals of the S.P.C.A. This agreement which would go into effect January l, 1979 will result in no additional costs to the City taxpayers as present annual costs are approximately $75,000 with an offset of $20,000 taken in on license fees. The S.P.C.A. has offered to provide their services for $55,000 annually and will purchase three pick-up trucks from the City for $18,850 paid out to the City during the first 18 months of operations. (A complete breakdown of costs and services are included in the attached agreement.) They have also agreed to hire any permanent City employees that would be affected by this change over, however, the City will offer these employees other work where they are qualified if they choose not to change employment. This Committee is convinced that these arrange- ments with the County and the S.P.C.A. are in the best interest of all the citizens of this community and will result in better and more humane care of our animals. We are therefore recommending Council approval of the attached lease agreement with the County of Kern for a animal shelter site and the attached agreement with the S.P.C.A. for Animal Control Services and authorize the Mayor to sign both agreements. Councilman Christensen stated he is very happy that Animal Control will be under the management of one institution, the S.P.C.A. a nonprofit organization, at no additional cost to the taxpayers. This area is fortunate to have George Farrall and his daughter Linda to head the local S.P.C.A. because they have a tremendous understanding of domestic and wild animals. Bakersfield, California, November 15. 1978 - Page 3 365 Upon a motion by Councilman Sceales, Report No. 3-78 from the Intergovernmental Relations Committee regarding Agreement~ with Kern County for Animal Control Shelter and S.P.C.A. for Animal Control, was accepted; and Lease Agreement with Kern County for a Animal Control Shelter site and Agreement with S.P.C.A. for Animal Control Services, were approved and the Mayor was authorized to execute same. Public Works Director Hawley read a report from Traffic Engineer Jerry L. Hahs, dated November 13, 1978, regarding Inter- section Study at 21st and Oak Streets, as follows: The City Council at their August 23, 1978 meeting referred a petition requesting traffic signals at the intersection of 21st and Oak Streets to the Traffic Engineer for study and recommendation. This intersection has been reviewed periodically since 1976 due to in- creased accident frequency and new development west o£ Oak Street generating more traffic on 21st Street. The latest study includes a manual traffic count conducted July 12, 1978, various machine counts and an accident search to the present. A summary of the various data and how it applies to applicable minimum warrants for traffic signals follows: Minimum Vehicular Volume 59.3% of required minimums. Interruption of Continuous Traffic - Exceeds required minimums. Pedestrian Volume - Nil. Accident Experience - Exceeds required minimums (five correctable accidents in a 12-month period required.) There were 4 in 1976, i in 1977 and 7 so far in 1978. Eight accidents occurred in the 12-month period starting November ll, 1977. Two minimum warrants for traffic signals have been met. Delay is excessive for traffic making left turns from Oak Street and entering or crossing Oak Street from 21st Street during the business day. It is recommended that traffic signals at the intersection of 21st and Oak Streets be placed on the priority list for proposed traffic signal installations. 366 Bakersfield, California, November 15, 1978 - Page 4 Upon a motion by Councilman Ratty, recommendation that traffic signals at the intersection of 21st and Oak Streets be placed on the priority list for proposed installation, was approved. Public Works Director Hawley read a report from Traffic Engineer Jerry L. Hahs, dated November 13, 1978, regarding Inter- section Study at E1 Rio Drive and Stockdale Highway, as follows: The City Council at their October ll, 1978 meeting referred communication requesting the installation of traffic signals at the inter- section of E1 Rio Drive and Stockdale Highway to the Traffic Authority for study and recom- mendation. This intersection has been reviewed annually since 1975 to determine if additional traffic control devices are warranted. The latest study includes a manual traffic count conducted October 19, 1978 and an accident search to the present. A summary of the various data and how it applies to applicable minimum warrants for traffic signals follows: Minimum Vehicular Volume - 46% of required minimums. Interruption of Continuous Traffic - 86% of required minimums. Pedestrian Volume - Nil. Accident Experience - (Five correctable accidents in a 12-month period required). There were none in 1972, 2 in 1973, i in 1974, none in 1975, 3 in 1976, none in 1977 and 1 so far in 1978. Twice since 1972, three accidents have occurred within a 12-month period. A field review and a check of other possible traffic control device requirements do not indicate additional signs, pavement markings or traffic striping is needed. It should be noted that as soon as the Truxtun Avenue Extension project is completed, other access capabilities via Gosford Road and Truxtun Avenue will be available to residents living in the area, especially the area north of Stockdale Highway. It is anticipated that the volumes on Stockdale Highway at E1 Rio Drive will also decrease when the project is complete. It is recommended that no additional traffic control devices be installed at this time and the intersection be reviewed annually to deter- mine if traffic signals are warranted. Mr. Craig Holland, 6505 Quailwood Drive, representing residents of the Quailwood area, stated that installation of traffic Bakersfield, California, November 15, 1978 - Page 5 367 signals should not be determined strictly on traf£ic volume or incidents of accidents. He did not feel the Traffic Authority investigation included all the facts needed for the Council to make. a decision. The Quailwood area is expanding very rapidly and the traffic flow increasing. Mr. Molland then cited some of the problems that contribute to the traffic hazards at this intersection, such as: 1. Fog and bad weather. 2. Parishioners leaving the two churches bordering the intersection. 3.School children having to cross Stockdale Highway. 4. Residents trying to get out of the Quail- wood area during peak traffic hours. Mayor Hart stated that, as previously pointed out, if a traffic signal is installed at this intersection it will have to be coordinated with the Kern County Board of Supervisors because they are responsible for one leg or one quarter of this intersection. During discussion, Councilman Sceales stated that if the staff contacts the County of Kern regarding the intersection of E1 Rio Drive and Stockdale Highway they could also discuss the problems at the intersection of Ashe Road and Stockdale Highway and the lack of traffic control on Stockdale Highway from Cal~State Bakersfield to Stine Road. Councilman Medders made a motion that Mayor Hart contact the Kern County Board of Supervisors requesting their cooperation in the study to alleviate the traffic problems at the intersection of E1 Rio Drive and Stockdale Highway. Mr. John Hansen, 531 Pheasant Avenue, Clerk of the Fruitvale School Board of Trustees, stated they endorse the installa- tion of a traffic signal at the intersection of E1 Rio Drive and Stockdale Highway and as a parent he is very concerned about the children having to cross Stockdale Highway. 868 Bakersfield, California, November 15, 1978 - Page 6 Councilman Ratty stated he supports Councilman Medders' motion, but requested that it be amended to direct the Traffic Authority to make traffic counts earlier in the morning to see if it boosts the warrant criteria and also further investigate some of the problems brought out tonight. Councilman Barton stated he also supports the motion and requested that the people of that area be notified when this item appears on the agenda. Councilman Medders' amended motion that Mayor Hart contact the Kern County Board of Supervisors requesting their cooperation in the study to alleviate the traffic problems at the intersection of E1 Rio Drive and Stockdale Highway; the Traffic Authority conduct another study of this area starting earlier in the morning; interested parties of the area be notified when this item is placed on the agenda; and a report be made back to the Council in two weeks, was approved by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty None Noes: Absent: None Mayor Hart declared reconvened the Council Meeting at a brief recess at 9:02 P.~. 9:00 P.M. and Public Works Director Hawley read a report from Traffic Engineer Jerry L. Hahs, dated November 13, 1978, regarding Wible Road Median Islands, as follows: The City has recently received a request for an additional median opening on Wible Road between Ming Avenue and Wilson Road. This area is just beginning to develop with com- mercial and multiple uses and we can anticipate future requests for additional median breaks. Since this area of Wible Road will only have development along one side of the street, removal of the median curbs and striping of a continuous left turn lane would be an effective solution. This would not create a hazardous traffic situation and would allow better access to the properties from Wible Road. Bakersfield, California, November 15, 1978 - Page 7 369 An additional problem has been the median island landscaping in this segment of Wible Road. The Parks Division has had difficulty getting trees to grow in certain portions of the median because of underground utilities. For the above reasons, I would recommend that the adjacent property owners be authorized to remove the median curbs and paving and repave and restripe the street for a continuous left turn lane. Upon a motion by Councilman Sceales, recommendation that adjacent property owners be authorized to remove median curbs and paving and repave and restripe Wible Road between Ming Avenue and Wilson Road for a continuous left turn lane, was approved. Assistant City Attorney Oberholzer reported that at the Council Meeting of November 8, 1978, Assemblyman Elect Donald A. Rogers resigned his position as Councilman of the Third Ward, thereby creating a vacancy. Mr. Rogers stated he was resigning in order that a Special Election could be consolidated with the General Election to be held ~arch 6, 1979 and save the expense of holding a separate election. Residents of that Ward have two weeks from the date of the resignation to submit a petition calling for a Special Election. The two week filing period ends on November 23, 1978, which is Thanksgiving Day, consequently the next working day is November 27, 1978, and will be the last day to file the petition. If a petition is filed the Council must call a Special Election and may appoint someone to that position until the election is certified. If a petition is not filed the Council may either call a Special Election or appoint someone for the remainder of the unexpired term. If the Council wants to call a Special Election to consolidate with the General Election it would be best if it was called as soon after November 27, 1978, as possible. Candidates for the General Election have until December 18, 1978, to file nominating papers and it is recommended that the Council recess 370 Bakersfield, California, November 15, 1978 - Page 8 tonight's meeting until Tuesday, November 28, 1978 at 12 Noon in order to adopt the necessary documents. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2151 to 2323, inclusive, in the amount of $444,347.90. (b) Grant Deed from Tenneco Realty Development Corporation providing storm drainage basin in Stockdale Industrial Park. (c) Water Pipeline Easement from Tenneco Realty Development Corporation for Stock- dale Industrial Park. (d) Storm Drain Easement from Tenneco Realty Development Corporation for Stockdale Industrial Park. (e) Road Easement from Tenneco Realty Develop- ment Corporation for a portion of White Lane, Grissom Street and Aldrin Court in Stockdale Industrial Park. (f) Street Right-of-Way Deed from Harold L. Hahn and Barbara M. Hahn providing for return at northeast corner of Brittan Way and Pierce Road. (g) Street Dedication from Eva E. Martin providing street right-of-way for Wible Road. (h) Sewer Line Easement from Independent Development Company for sewer main along Pierce Road. (i) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3853A - Contract No. 78-96 with Highlands Real Estate Corp. (J) Map of Tract No. 4047 and Improvement Agreement for construction of improve- ments therein - located northeast of Country Club Drive and Flintridge Drive. (k) Plans and Specifications for West Laurel Glen Sewer Main to serve the area bounded by White Lane, Ming Avenue, Ashe Road and Gosford Road. (i) Plans and Specifications for resurfacing 34th Street and portions of "N" Street and 8th Street. (m) Plans and Specifications for pavement improvements on Panorama Drive from Columbus Street to 100' east of Cabarnet Drive. Bakersfield, California, November 15, 1978 - Page 9 371 (n) Request from Joe ~. & Claudia Dobitz for annexation of property located on the northwest corner of Ming Avenue and Baldwin Road. (Refer to Planning Com- mission for study and recommendation) (o) Contract Change Order No. 1 to Contract No. 78-89 with Clark Wilbur for Quailwood Park Irrigation System. This change order deletes a portion of the irrigation system contract to provide for future expansion of Quailwood Park drainage sump and results in a project cost savings of $1,500.00. (P) Budget Transfer from the Public Works Equipment Replacement Contingency Account No. 81-484-6100 to the Public Works Auto Equipment Account No. 81-484-7200 and 7500 within the Equipment Replacement Fund, in the amount of $6,600.00, to re- place a 1971 vehicle that was demolished in a collision. (q) Resolution of Intention No. 939 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Sill Place east of Oswell Street, in the City of Bakers- field, and setting Wednesday, December 13, 1978 for hearing on the matter before the Council. Upon (d), (e), (f), and (q) of the a motion by Councilman Ratty, Items (a), (b), (c), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen 8ceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Ratty, bid of Valley Tree & Construction for demolition and removal of structures and related improvements on Lot 4, Block 325 (City-owned building at 16th and Eye Streets), was accepted and the )~ayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bids of Target Chemical (3 items) and Los Angeles Chemical (1 item) for Weed Control Chemicals for the Parks Department, was accepted and all other bids rejected. 372 Bakersfield, California, November 15, 1978 - Page l0 Upon a motion by Councilman Medders, low bid of Granite Construction Company for Annual Contract No. 11379 - Type "B" Asphalt Concrete, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, bids of Los Arboles Nursery (5 items), Boething Treeland Nursery (3 items) and Valley Crest Tree (6 items) for Shrubs, Plants and Trees, were accepted and all other bids rejected. Upon a motion by Councilman Sceales, bid of Los Angeles Chemical Company for Water Department Chemicals, was accepted. Upon a motion by Councilman Medders, low bid of Lougee- Michael for 80 h.p. Front End Loader for $17,700 (initial cost $43,990.53) and 100 h.p. Front End Loader for $19,400 (initial cost $51,541.89), based on the guaranteed repair cost and repurchase price agreements, was accepted and all other bids rejected. Upon a motion by Councilman Christensen, low bid of Granite Construction Company for improving and resurfacing Sumner Street between East Truxtun Avenue and Kern Street (Alternate A), was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, low bid of Granite Construction Company for construction of Canal Culverts on White Lane at the Stine Canal and on Stine Road at the Farmer's Canal, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Gene Miller for construction of a Reinforced Concrete Box Culvert on 30th Street at the East Side Canal, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, bid of Valley Electric for Kroll Way Park Security Lighting, was accepted and the Mayor was authorized to execute the contract. Bakersfield, California, November 15, 1978 - Page 373 DEFERRED BUSINESS Adoption of Ordinance No. 2463 New Series amending Title Seventeen of the ~unicipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 245 Eye Street. The application for this amendment was made by James S. Butler and would change subject property from an R-3 (Limited ~ultiple Family Dwelling) Zone to an R-3-P-D (Limited Multiple Family Dwelling - Automobile Parking - Architectural Design) Zone. Upon a motion by Councilman Medders, Negative Declaration. and Ordinance No. 2463 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 commonly known as 245 Eye Street, finding said zoning consistent with the General Plan, were adopted by the £ollowing roll call vote: Strong, Barton, Christensen, ~edders, Councilmen Sceales, Ratty None None Ayes: Noes: Absent: NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding a new Chapter 3.40 (Fire Department Reserves) to Title 3 of the Municipal Code of the City of Bakersfield. This ordinance enables the Fire Department to maintain a Fire Reserve Unit for the purpose of supplementing the regular fire force during times of major emergencies. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding a new Chapter 3.40 (Fire Department Reserves) to Title 3 of the Municipal Code of the City of Bakersfield. Adoption of Resolution No. 120-78 ex- tending time within which to pay Cancellation Fee under Williamson Act. 374 Bakersfield, California, November 15, 1978 - Page 12 Delfino Brothers have requested an extension of time to December 15, 1978, to pay the Cancellation Fee. The funds are available but there was a misunderstanding as to the procedure. A formal extension is needed to avoid nullifying the cancellation. Upon a motion by Councilman Christensen, Resolution No. 120-78 extending time within which to pay Cancellation Fee under Williamson Act, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Approval of Agreement between the City, Champlin Petroleum Company and Garone Cattle Company providing for assignee of mineral and oil interests on City Sewer Farm to enter a portion of land for the purpose of drilling an exploratory oil well. Upon a motion by Councilman Sceales, Agreement between the City, Champlin Petroleum Company and Garone Cattle Company providing for assignee of mineral and oil interests on City Sewer Farm to enter a portion of land for the purpose of drilling an exploratory oil well, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City and Zingo's Incorporated for construction of Sewer Main in Pierce Road and establishing a service area whereby Zingo's Incorporated can recover a portion of construction cost from future connections. Upon a motion by Councilman Ratty, Agreement between the City and Zingo's Incorporated for construction of Sewer Main in Pierce Road and establishing a service area whereby Zingo's Incor- porated can recover a portion of construction cost from future connections, was approved and the Mayor was authorized to execute same. Bakersfield, California, November 15, 1978 - Page 13 375 Approval of Engineering Services Agreement between the City and Mason, Vancuren & Wachob, Inc., for investi- gation & design of storm drains and ~street improvements in portions of Elm Street, Myrtle Street, Park Way and "T" Street. The project is being funded with Community Development Block Grant funds. Upon a motion by Councilman Medders, Engineering Services Agreement between the City and Mason, Vancuren & Wachob, Inc., for investigation & design of storm drains and street improvements in portions of Elm Street, Myrtle Street, Park Way and "T" approved and the May~r was authorized to execute same. Street, was RECESS There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was recessed at 9:30 P.M., until Tuesday, November 28, 1978 at 12 Noon. MAYO o th~kersfield, Calif. ATTEST: CITY ~RK an~io Clerk of the Council of the City of ~kersfield, California ma 376 Bakersfield, California, November 28, 1978 Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:00 Noon, November 28, 1978. 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 Barton, Christensen, Medders, Ratty Absent: Councilmen Sceales, Strong NEW BUSINESS Adoption of Resolution No. 121-78 calling a General Municipal Election in the City of Bakersfield to be held on Tuesday, March 6, 1979, for the purpose of electing Councilmen in the Second, Fifth and Sixth Wards; calling a Special Municipal Election in the Third Ward to fill a vacancy on the Council of the City; prescribing the form of Notice of Election; consoli- dating the Special Municipal Election for a member of the Council from Ward Three with the General Municipal Election for the election of members of the Council from Wards Two, Five and Six; and requesting the Board of Supervisors of the County of Kern to authorize the County Clerk to conduct the same. Upon a motion by Councilman Medders, Resolution No. 121-78 calling a General ~unicipal Election in the City of Bakersfield to be held on Tuesday, ~arch 6, 1979, for the purpose of electing Councilmen in the Second, Fifth and Sixth Wards; calling a Special Municipal Election in the Third Ward to fill a vacancy on the Council of the City; prescribing the form of Notice of Election; consolidating the Special Municipal Election for a member of the Council from Ward Three with the General Municipal Election for the election of members of the Council from Wards Two, Five and Six; and requesting the Board of Supervisors of the County of Kern to authorize the County Clerk to conduct the same, was adopted by Bakersfield, California, November 28, 1978 - Page 2 377 the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty Noes: None Absent: Councilmen Sceales, Strong ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 12:02 P.M. MAY~~eld, ATTEST: CITY ~RK~ Clerk of the Council of th~ City of B~ersfield, California ma Calif. 378 Bakersfield, California, December 6, 1978 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 6, 1978. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Mr. Dean Winn, member of the High Council of the Church of Jesus Christ of Saints. Present: The City Clerk called the roll as follows: Latter-Day Mayor Hart. Councilmen Strong, Medders, Absent: None Barton, Christensen, Ratty, Sceales Upon of the City of of Continental Trailways, for authority to operate Bakersfield was adopted. Minutes of the regular meeting of November 15, 1978 and recessed meeting of November 28, 1978 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Thoburn Haworth, Manager of Orange Belt Stages, residing in Visalia, California, protested to the application of Continental Trailways, Inc. before the Interstate Commerce Commission for authority to operate as a common carrier by motor vehicle over regular routes transporting passengers and their baggage between Barstow and Bakersfield and return. He stated Orange Belt Stages has provided and is providing satisfactory service between Bakersfield and Barstow and the addition of a second carrier is not warranted. Adoption of Motion of the Council of the City of Bakersfield supporting the protest to the application of Continental Trailways, Inc. before the Interstate Commerce Commission for authority to operate as a common carrier between Barstow and Bakersfield. a motion by Councilman Barton, a Motion of the Council Bakersfield supporting the protest to the application Inc. before the Interstate Commerce Commission as a common carrier between Barstow and Bakersfield, California, December 6, 1978 - Page 2 CORRESPONDENCE Upon a motion by Vice-Mayor Medders, communication from H. L. "Bill" Richardson, State Senator 25th District, dated November 15, 1978, regarding Air Quality Management Plan, was received and ordered placed on file. Upon a motion by Vice-Mayor Medders, communication from K. Coffman, 103 Spruce Street, regarding Air Pollution, was received and ordered placed on file. Upon a motion by Vice-Mayor Medders, the Council recessed the meeting briefly. With reference to a communication from the California Regional Water Quality Control Board, Central Valley Region, dated November 29, 1978, regarding Sewage Treatment Plants No. 1 and 2, Public Works Director Hawley reported that as a result of errors found in the Order issued by that Board, this Order will be rescinded and the City will be notified in writing to this effect. Upon a motion by Councilman Ratty, communication from the California Regio~al Water Quality Control Board, Central Valley Region, dated November 29, 1978, was received and ordered placed on file. Upon a motion by Vice-Mayor Medders, communication from the Kern Aquatic Club, dated November 30, 1978, requesting lease of property adjacent to Central Park pool, was received, ordered placed on file, and referred to staff for study and recommendation. Upon a motion by Councilman Ratty, communication from Mrs. Edna Buster, 2009 California Avenue, dated November 27, 1978, regarding charges for her garbage pick up, was received, ordered placed on file, and recommendation of the Public Works Director for refund of fee o~ second unit which is being used for storage, reducing the fee from $5 per month to $3 per month, was approved. Upon a motion by Vice-Mayor Medders, communication from M. T. L. Development Company requesting annexation of property located northeasterly of South "M" Street and Fairview Road, was received and referred to the Planning Commission for study and recommendation. Bakersfield, California, December 6, 1978 - Page 3 COUNCIL STATEMENTS Councilman Ratty pointed out inaccuracies in an article in The Bakersfield Californian that appeared on December 3, 1978, headlined "P.D. Turnover Baffles Officials." Councilman Ratty reported the City of Bakersfield Water Board has adopted a position paper which responds to a questionnaire from the Kern County Water Districts Advisory Committee and copy has been furnished to the Mayor and Council. Councilman Barton nominated Ms. Kathryn J. Ziemke, 3800 Stockdale Highway, Apartment 37, to fill a vacancy on the Board of Charity Appeals and Solicitations, and the City Council ratified this appointment by a voice vote. REPORTS Public Works Director Hawley read a report from Traffic Engineer Jerry L. Hahs, dated December 4, 1978, regarding Update of Intersection Study at E1 Rio Drive and Stockdale Highway, as follows: The City Council at their November 15, 1978 meeting requested an in-depth study be made on the traffic conditions at Stockdale Highway. Evaluation of traffic counts 11, 1978 to December 1, 1978 minimum vehicular volume and E1 Rio Drive and taken from November indicates both interruption of continuous traffic minimum warrants have been met. It is recommended that the intersection of E1 Rio Drive and Stockdale Highway be placed on the priority list for proposed traffic signal instal- lations and the results of our study be forwarded to the Kern County Road Commissioner's Office. Mr. Craig Holland, in favor of installation of section. 6505 Quailwood Drive, presented petitions traffic control signals at this inter- Dr. Otis Mallory, District Superintendent and Secretary of the Board of the Fruitvale School District, presented a Resolution from the Fruitvale School District Board of Trustees favoring the installation of traffic signals at this intersection. Bakersfield, California, December 6, 1978 - Page 4 38.1_ Mrs. Leslie Garside, President of the Fruitvale-Greenacres Executive P.T.A. Board, presented an endorsement of that Board of proposed traffic signals at this intersection. Father Jim Logan, representing St. Philip's Catholic Church, spoke in favor of traffic signals at this intersection. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a Allowance of Claims Nos. 2324 to 2534, inclusive, in the amount of $283,438.31. Claim for Damages from Troy Lance Hamilton, c/o Jacobson & Giaquinto, Attorneys at Law, 651 "H" Street, Bakersfield. (Refer to City Attorney) (n Street Right-of-Way Deed from John A. Thomsen, Ana Marie Thomsen and Jeffrey L. Sanders providing for a portion of Panorama Drive as required for Parcel Map No. 4444. (d) Street Right-of-Way Deed from Tri-Plex Trading Corporation, Helfac Corporation and Ruth Thayer providing for Allison Court as required for Parcel Map Nos. 4954 and 4955. (e) Street Right-of-Way Deed from Robert W. Lynn, Carolyn Mae Lynn, R. Wayne Nunes, Barbara Lee Nunes, Eugene A. Sultze and Virginia Frances Sultze providing return at northwest corner of Brittan Way and Arrow Street. (f Map of Tract No. 4016 and Improvement Agreement for construction of improve- ments therein - located east of Stine Road and north of Panama Lane. (g Map of Tract No. 4122 - located east of Isla Verde Street and north of Columbus Street. Improvements have been constructed. (h Notice of Completion and Acceptance of Work on street and sewer improvements under Parcel Map No. 4064 located at Stockdale Highway and Montclair Street - Contract No. 77-103 with Tenneco Realty Development Corporation. (i Notice of Completion and Acceptance of Work on street and sewer improvements under Parcel Map No. 4110 located at California Avenue and Office Center Drive - Contract No. 77-117 with Tenneco Realty Development Corporation. 382 Bakersfield, California, December 6, 1978 - Page 5 (J) (k) (1) (m) (n) (o) (P) (q) (r) Application for Encroachment Permit from Rudy G. Munoz, 3100 Fleur Street, Bakers- field, for construction of 6-foot maximum concrete retaining wall with a 4-foot grape stake and wrought iron fence on top to be placed at back of sidewalk along Wendy Street at northwest corner of Wendy Street and Fleur Street. Application for Encroachment Permit from Stan's Bit & Supply Co., LeRoy Allen, 3300 Chester Avenue, Bakersfield, for construction of overhead telephone line across "K" Street just north of 33rd Street. Poles will be located outside of street right-of-way and overhead clearances and construction will be in accordance with applicable codes and regulations. Plans and Specifications for construction of Basketball Court Lighting and Security Lighting for Lowell Park. Plans and Specifications for construction of street improvements on Wible Road from Planz Road to Alum Avenue and Stine Road from Planz Road to Hartford Avenue. Plans and Specifications for Panama Lane Sewer Extension, Stine Road to South "H" Street. Request from C. G. G., Inc. for extension of completion time on Contract No. 78-51 for Geophysical Vibroseis Survey on the City Municipal Farm. The Public Works Department recommends approval of the request, setting the completion date as March 1, 1979. Lease Agreement between the Atchison, Topeka and Santa Fe Railway Company and the City of Bakersfield which would permit the City to use the Railway Company's property east of "S" Street and south of the Santa Fe tracks as a site for storage of roadway construction material. Request from Tenneco Realty Development Corporation for abandonment of Fraser Road between Ashe Road and Gosford Road. (Refer to Planning Commission for study and recom- mendation.) Request from Dean A. Gay on behalf of Thressa Tallone and Rose Actis for amend- ment to the General Plan on property located at the northwest corner of Real Road and Wilson Road. (Refer to Planning Commission for study and recommendation.) 383 Bakersfield, California, December 6, 1978 - Page 6 (s) (t) Request from Marshall J. Williams, 526 Olive Street, for amendment to the General Plan for a dental office located at 526 Olive Street and to the rear of Barber Pontiac Automobile Agency. (Refer to Planning Commission for study and recom- mendation.) Request from Clark Investment, Inc. for annexation of property located on the northwest corner of Stockdale Highway and McDonald Way. (Refer to Planning Commission for study and recommendation.) Upon (d), (e), (f), (q), (r), (s), following roll Ayes: Noes: None Absent: Councilman a motion by Councilman Ratty, Items (a), (b), (c), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), and (t) of the Consent Calendar were adopted by the call vote: Councilmen Strong, Barton, Christensen, Medders, Ratty Sceales ACTION ON BIDS Upon a motion by Vice-Mayor Medders, low bid of Granite Construction Company of Bakersfield for construction of street improvements on Panorama Drive between Columbus Street to 100' east of Cabarnet Drive was accepted, the other bid rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, low bid of Granite Construction Company of Bakersfield for construction of pavement improvements on Wilson Road from White Lane to Ginger Avenue was accepted, the other bid rejected, and the Mayor was authorized to execute the contract. Upon a motion by Vice-~ayor Medders, low bid of Jim Burke Ford for nine Police Sedans was accepted, all other bids rejected, and transfer of $3,681.70 from Account No. 81-484-7300 to Account No. 81-484-7200 was approved. Upon a motion by Vice-Mayor Medders, usual bidding require- ments were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Assistant City Manager-Finance was 384 Bakersfield, California, December 6, 1978 Page authorized to negotiate a price, not to exceed the budgeted amount of $5,800.00, for one used car for Police Department undercover work. Upon a motion by Vice-Mayor Medders, bid of Kern Turf Supply for Annual Contract ACB No. 12179 for P.V.C. Pipe and Sprinkler Supplies for City Parks was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Jim Burke Ford for one 4-Door Sedan was accepted and the other bid rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2464 New Series of the Council of the City of Bakersfield adding a new Chapter 3.40 (Fire Department Reserves) to Title 3 of the Municipal Code of the City of Bakersfield. Upon a motion by Vice-Mayor Medders, Ordinance No. 2464 New Series of the Council of the City of Bakersfield adding a new Chapter 3.40 (Fire Department Reserves) to Title 3 of the Municipal Code of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Sceales NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code to permit Automotive Tune-Up Specialty Shops subject to a Conditional Use Permit in the C-1 Zone. This proposed amendment was approved by the Planning Com- mission and would allow automobile tune-up specialty shops providing electrical and carburetor tune-up services and related work, when not done as a part of, or incidental to, the operation of an auto- mobile service station, excluding heavy or major mechanical work and excluding all body repair or paint work. 385 Bakersfield, California, I)ecember 6, 1978 - Page 8 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakers- field Municipal Code to permit Automotive Tune-Up Specialty Shops subject to a Conditional Use Permit in the C-1 Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Wible No. 3 Annexation. This ordinance would zone upon annexation those certain properties in the County of Kern located east of Wible Road, approximately 650 feet north of Ming Avenue to a C-2-D (Commercial - Architectural Design), or more restrictive zone. 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 Wible No. 3 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Pacheco No. 7 Annexation. This ordinance would zone upon annexation that certain property in the County of Kern located north of Pacheco Road between Wible Road and Hughes Lane and bounded on the north by the existing City corporate boundary to an 5~-J.-D (Light Manufacturing - Architectural Design), or more restrictive zone. 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 Pacheco No. 7 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Pacheco No. 8 Annexation. 386 Bakersfield, California, December 6, 1978 - Page 9 This ordinance would zone upon annexation those certain properties in the County of Kern located on the southwest and southeast corners of Pacheco Road and Monitor Street to an R-1 (One Family Dwelling) and R-2-D (Limited Multiple Family Dwelling - Architectural Design), 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 Pacheco No. 8 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Union Avenue No. 8 Annexation. This ordinance would zone upon annexation those certain properties in the County of Kern located south of Bakersfield Air Park on the east side of Union Avenue, between White Lane and Pacheco Road, to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), C-2-D (Commercial - Architectural Design), MH (Mobilehome) and "A" (Agricultural), 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 Union Avenue No. 8 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as New Stine No. 1 Annexation. This ordinance would zone upon annexation that certain property in the County of Kern located on the southeast corner of New Stine Road and Demaret Avenue to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive zone. Bakersfield, California, ~ecember 6, 1978 - Page 10 387 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 New Stine No. I Annexation. Adoption of Resolution No. 122-78 of the City Council of the City of Bakersfield approving a supplement to the Cooperative Agreement with the Reclamation Board of the State of California concerning Floodway designation within the City. On October 12, 1977, the City and the Reclamation Board entered into a cooperative agreement to administer the designated floodway through the City limits. This supplemental agreement provides guidelines for control of encroachments in that portion of the designated floodway between Manor Street and approximately one mile upstream. This area was recently annexed into the City. Upon a motion by Councilman Ratty, Resolution No. 122-78 of the City Council of the City of Bakersfield approving a supple- ment to the Cooperative Agreement with the Reclamation Board of the State of California concerning Floodway designation within the City was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Sceales Adoption of Resolution No. 123-78 of the City Council of the City of Bakersfield ratifying the Fee Schedule to be used by the Bakersfield S.P.C.A. in enforcing the Animal Control Ordinance. The need for this Fee Schedule Resolution was discussed three weeks ago when the Council entered into an agreement with the S.P.C.A. for Animal Control. Upon a motion by Councilman Christensen, Resolution No. 123-78 of the City Council of the City of Bakersfield ratifying the Fee Schedule to be used by the Bakersfield S.P.C.A. in enforcing the Animal Control Ordinance was adopted by the following roll call vote: 888 Bakersfield, California, December 6, 1978 - Page 11 Ayes: Noes: Absent: Councilmen Strong, Barton, Christensen, Medders, Ratty None Councilman Sceales Adoption of Resolution No. 124-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for detachment of territory from the North Bakersfield Recreation and Park District, identified as a portion of Annexation No. 250 (Kern River No. 6). This resolution initiates a proceeding for the detachment of territory within the North Bakersfield Recreation and Park District, which has been annexed to the City in connection with the Kern River No. 6 Annexation. Upon a motion by Vice-Mayor Medders, Resolution No. 124-78 of Application of the Council of the City of Bakersfield proposing proceedings for detachment of territory from the North Bakersfield Recreation and Park District, identified as a portion of Annexation No. 250 vote: Ayes: Noes: Absent: (Kern River No. 6), was adopted by the following roll call Councilmen Strong, None Councilman Sceales Barton, Christensen, Medders, Ratty HEARINGS This is the time set for public hearing before the Council on Resolution of Intention No. 938 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a future street right-of-way at the northwest corner of Brundage Lane and Cypress Street, 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. Bakersfield, California, December 6, 1978 - Page 12 389 Upon a motion by Vice-Mayor Medders, Resolution No. 125-78 of the Council of the City of Bakersfield ordering the vacation of a future street right-of-way at the northwest corner of Brundage Lane and Cypress Street, in the City of Bakersfield, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Medders, Ratty Noes None Absent: Councilman Sceales This is the time set for public hearing before the CounciJ for hearing protests by persons owning real property within territory designated as "Union Avenue No. 8," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 77.4~ acres of land located east of Union Avenue between White Lane and Pacheco Road. Mayor Hart declared the hearing open for public partici- pation. Mr. Jerry Palmer, Palmer Construction Company, Inc., 2464 South Union Avenue, stated he wished to go on record to point out the incompatability of his business with the proposed adjacent mobile home park. City Attorney Hoagland pointed out this action is concerned only with the annexation of the territory to the City. Earlier in this meeting was the first reading of an ordinance that would zone the property upon annexation to be presented for adoption at the next regular Council meeting. Mr. Ed Dunn, representing the major property owner within the territory proposed to be annexed, spoke in favor of the annexa- tion. Bakersfield, California, December 6, 1978 - Page 13 At the request of Councilman Barton, City Manager Bergen stated that information from the Planning Commission would be made available at the next Council meeting, and staff would offer some comments so the Council would have various alternatives regarding the zoning of the territory. Upon a motion by Councilman Ratty, Resolution No. 126-78 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 261, Proceeding No. 637 (Union Avenue No. 8) annexed to the City of Bakersfield was adopted by the £ollowing roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Noes: None Absent: Councilman Sceales This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Belle Terrace No. 1," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 2.53± acres of land located on Belle Terrace westerly of Fiorito Street to the Stine Canal. Mayor Hart declared the hearing open £or 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 Vice-Mayor Medders, Resolution No. 127-78 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory desig- nated as Annexation No. 266, Proceeding No. 643 (Belle Terrace No. 1) annexed to the City of Bakersfield was adopted by the following roll call vote: Bakersfield, California, December 6, 1978 - Page 14 39.1 Ayes: Councilmen Strong, Noes: None Absent: Councilman Sceales This is the time set Barton, Christensen, Medders, Ratty for public hearing before the Counci2 for hearing protests by persons owning real property within territory designated as "California Avenue No. 4," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 7.3~ acres of land located on East California Avenue between Union Avenue and South King Street. pation. of the of the protest has not been made and ordering Annexation No. 267, Proceeding No. 644 annexed to the City of Bakersfield was call Ayes Noes Absent: upon Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public portion hearing was closed for Council deliberation and action. Upon a motion by Councilman Strong, Resolution No. 128-78 Council of the City of Bakersfield making find that a majority the territory designated as (California Avenue No. 4) adopted by the following roll vote: Councilmen Strong, Barton, None Councilman Sceales ADJOURNMENT There being no further business to a motion by Councilman Ratty, MAYOR ATTEST: CITY an Clerk of the of the City of Bake~kfield, California mp Christensen, Medders, Ratty come before the Council_, the meeting was adjourned at 9:10 P.M. field, Calif. Council 392 Bakersfield, California, December 13, 1978 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 13, 1978. 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 Barton, Christensen, Medders, Sceales, Strong Absent: Councilman Ratty Minutes of the regular meeting of December 6, 1978 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Sceales, communication from & Mrs. Robert E. Hamerin, 608 Browning Court, dated December 1978, in favor of traffic light at Stockdale Highway and E1 Rio Mr. 4, Drive, was received and ordered placed on file. Upon a motion by Councilman Medders, communication from the California Regional Water Quality Control Board, Central Valley Region, dated December 7, 1978, rescinding Cleanup and Abatement Order No. 15 regarding Sewage Treatment Plants No. i and 2, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from Rosedale-Rio Bravo Water Storage District, dated December 11, 1978, regarding proposal to store and pump Hacienda Water, was received, ordered placed on file and referred to the Water Board for appro- priate action. Upon a motion by Councilman Christensen, communication from Kern County Assessor, dated December 12, 1978, regarding calculated cancellation fees for Land Use Contract, was received, ordered placed on file and referred to staff for appropriate action. COUNCIL STATEMENTS Upon a motion by Councilman Medders, Building Director Calvin A. Bidwell was reappointed to the Board of Zoning Adjustment Bakersfield, California, December 13, 1978 - Page 2 393 and Building & Plan Check Engineer Alex Buechler was reappointed as the Building Director's alternate to the Board of Zoning Adjustment, terms expiring December l, 1981. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2535 to 2669, inclusive, in the amount of $854,657.17. (b) Claim for Damages from The Farmers Insurance Group, 3801Mt. Vernon Avenue, Bakersfield, on behalf of John Means. (Refer to City Attorney) (c) Grant Deed from Developers Financial Corporation providing for storm drainage retention basin for Tract No. 3972, located south of Pacheco Road and east of Stine Road. (d) Access Easement from Developers Financial Corporation providing access to retention basin as required for Tract No. 3972, located south of Pacheco Road and east of Stine Road. (e) Map of Tract No. 3887-B and Improvement Agreement for construction of improve- ments therein - located east of Ashe Road and north of Ming Avenue. (f) Notice of Completion and Acceptance of Work on street and sewer improvements in Tract No. 3941 - Contract No. 78-5 with Tenneco Realty Development Corporation. (g) Notice of Completion and Acceptance of Work for furnishing and installing Bridge Crane in Building D at New Corporation Yard - Contract No. 77-156 with Crane Veyor Corporation. (h) Plans and Specifications for Storm Drains in Elm Street, Park Way, Myrtle Street and "T" Street. (i) Request from Ravenscroft & Lick Developers for extension of completion time on Contract No. 77-167 for Tract No. 3927, located at Akers Road and Alum Way. The Public Works Department recommends the 60-day extension request, setting the completion date as January 2, 1979. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g), (h) and (i) of the Consent Calendar, were 394 Bakersfield, California, December 13, 1978 - Page 3 adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, Medders, Sceales, None Councilman Ratty ACTION ON BIDS Upon a motion by Councilman Medders, usual bidding Strong requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Assistant City Manager- Finance was authorized to negotiate a price, not to exceed the amount budgeted, for receivers, modules, cabinets and accessories to modify the voting receiver sub-system for Police and Fire Radio System. DEFERRED BUSINESS Adoption of Ordinance No. 2465 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code to permit Automotive Tune-Up Specialty Shops subject to a Conditional Use Permit in the C-1 Zone. Upon a motion by Councilman Sceales, Ordinance No. 2465 New Series of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code to permit Automotive Tune-Up Specialty Shops subject to a Conditional Use Permit in the C-1 Zone, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2466 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 Wible No. 3 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located east of Wible Road, approximately 650 feet north of Ming Avenue to a C-2-D (Commercial - Architectural Design) Zone. Bakersfield, California, December 13, 1978 - Page 4 395 Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2466 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 Wible No. 3 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2467 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 Pacheco No. 7 Annexation. This ordinance zones upon annexation that certain property in the County of Kern located north of Pacheco Road between Wible Road and Hughes Lane and bounded on the north by the existing City corporate boundary to an M-1-D (Light Manufacturing - Architectural Design) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2467 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 o£ the City of Bakersfield, regarding property known as Pacheco No. 7 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Christensen, None Councilman Ratty Medders, Sceales, Strong 396 Bakersfield, California, December 13, 1978 - Page 5 Adoption of Ordinance No. 2468 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 Pacheco No. 8 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located on the southwest and southeast corners of Pacheco Road and Monitor Street to an R-1 (One Family Dwelling) and R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zones. Mr. Rosendo Hernandez, 835 Pacheco Road, stated he would like to continue using his property for "A" (Agricultural) purposes until such time as it is ready for development. Director of Fire and Development Services Needham stated the property can be rezoned to R-1 and Mr. Hernandez can continue to use his property as it has been used in the past. It is called a legal nonconforming use. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2468 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 Pacheco No. 8 Annexation, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2469 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 Union Avenue No. 8 Annexation. This ordinance zones upon annexation those certain the County of Kern located south of the Bakersfield properties in Bakersfield, California, December 13, 1978 - Page 6 397 Airpark on the east side of Union Avenue, between White Lane and Pacheco Road, to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), C-2-D (Commercial - Architectural Design), ~H (Mobilehome) and "A" (Agricultural) Zones. Director of Fire and Development Services Needham stated there is a parcel of property in the unincorporated area next to this annexation with an industrial use that creates noise and dust. The property owner is concerned about the development of a mobilehome park adjacent to this industrial site. It is being recommended that the "D" Design Overlay be applied to the MH Zone so certain conditions can be set on the development o£ the sub- division. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2469 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 Union Avenue No. 8 Annexation, with the application of the "D" Design Overlay to the MH Zone, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2470 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 New Stine No. Annexation. This ordinance zones upon annexation that certain property in the County of Kern located on the southeast corner of New Stine Road and Demaret Avenue to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone. 398 Bakersfield, California, December 13, 1978 - Page 7 Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2470 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 New Stine No. 1 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Sceales, Strong Noes: None Absent: Councilman Ratty NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield modifying certain requirements for Mobile Home Subdivisions in the MH Zone. This proposed amendment to the MH (Mobilehome) Zone would delete the requirement of a 400 square foot accessory slab for mobilehome sites in mobilehome subdivisions, and was recommended for approval by the Planning Commission at their December 6, 1978 meeting. First reading was considered given an Ordinance of the Council of the City of Bakersfield modifying certain requirements for Mobile Home Subdivisions in the MH Zone. HEARINGS This is the time set for public hearing before the Council on Resolution of Intention No. 939 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Sill Place east of Oswell Street, 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. Bakersfield, California, December 13, 1978 - Page 8 399 Upon a motion by Councilman Medders, Resolution No. 129-78 of the Council of the City of Bakersfield ordering the vacation of a portion of Sill Place east of Oswell Street, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Sceales, Strong Noes: None Absent: Councilman Ratty Upon a motion by Councilman Medders, Grant Deed from West Land Properties for right-of-way for Bernard Street extension, was accepted and the Mayor was authorized to execute same. This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Wible No. 3," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property post~.d and the property owners have been notified as required by law. This is an uninhabited annexation containing 1+ acre of land located north of Ming Avenue and lying on the east side of Wible Road. 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 Sceales, Resolution No. 130-78 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the terri- tory designated as Annexation No. 262, Proceeding No. 639 (Wible No. 3) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Noes: None Absent: Councilman Ratty Christensen, Medders, Sceales, Strong 4OO Bakersfield, California, December 13, 1978 - Page 9 This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Pacheco No. 8," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property and the property owners have been notified as required by posted law. This is an uninhabited annexation containing 39.8+ acres of land located southwest of Union Avenue and Pacheco Road. 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. 131-78 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 265, Proceeding No. 642 (Pacheco No. 8) annexed to the City of Bakersfield, was adopted by the following roll Ayes Noes Absent: Council, adjourned at 8:20 P.M. call vote: Councilmen Barton, Christensen, Medders, Sceales, Strong None Councilman Ratty ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was M ' o~ thefield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield, California BY AS~ CITY CLERK ma Bakersfield, California, December 20, 1978 401 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 20, 1978. The meeting was called to order by Vice-Mayor Medders, followed by the Pledge of Allegiance and Invocation by Director of Public Works Dale Hawley. The City Clerk called the roll as follows: Present: Councilmen Medders, Ratty, Sceales, Strong Absent: Mayor Hart. Councilmen Barton, Christensen Minutes of the approved as presented. regular meeting of December 13, 1978 were HEARING Upon a motion by Councilman Sceales, public hearing regarding annexation of Real No. 2 was continued until Wednesday, January 24, 1979 and Resolution No. 132-78 of the Council of the City of Bakersfield initiating proceedings for annexation of territory to the City of Bakersfield identified as Proceeding No. 646, Annexation No. 269 (Real No. 2), in accordance with LAFCO Resolution making determination, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen CORRESPONDENCE Upon a motion by Councilman Sceales, communication from California Regional Water Quality Control Board, Central Valley Region, dated December 14, 1978, regarding Sewage conditions at Plants No. 1 and 2, was received, ordered placed on file and referred to staff £or appropriate action. Upon a motion by Councilman Sceales, communication from Kern Refuse Disposal, Inc., dated December 15, 1978, requesting a rate increase, was received, ordered placed on file and referred to staff for appropriate action (i.e., 1979-80 budget deliberations). 402 Bakersfield, California, December 20, 1978 - Page 2 REPORTS Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 10-78 regarding Employee Changes in Community Development and Water Departments, as follows: The Governmental Efficiency and Personnel Com- mittee met recently with the staff in regards to the need for additional employees in both Community Development and the Water Departments. The City's Community Development Program is now in its second full year and expanding into program areas which will require additional staff to carry out the increased work load. Immediate attention must be given to the residential rehabilitation loan program as well as providing ongoing technical assistance to the Citizens Community Development Committee. Revisions in the application £or Community Development funds also require additional detailed material which must be gathered by the department for submission to HUD. With these ongoing and pending programs, the over- all staff level for the Community Development Unit is in need of one additional Associate Planner and one Clerk-Stenographer II. (Attached to this report is a memorandum from the Director of Development Services with further justification for these two positions.) The City's Water Department which is also in its second year o£ operation has taken on additional responsibilities as the CENTRAL RECORD KEEPER of the Kern River. Measurements, collection of data, and other record keeping must be maintained on a regular basis. Due to this increased work load, the Water Depart- ment has been somewhat deficient in maintaining accurate records. (Attached to this report is a memorandum from the City's Water Manager with further justifications.) Based on these needs, it is £elt that a new position o£ Hydrographer I and the upgrading of the Water Supervisor to comparable Supervisor I and II positions in the City is warranted. This Committee feels that these requests are justified and therefore recommend Council approval of the following: One new position of Associate Planner (Community Development) at a monthly salary rate of $1553 to $1888. 2. One new position of Clerk-Stenographer II at a monthly rate of $769 to $934. 3. One new position of Hydrographer I at a monthly rate of $1059 to $1288. Bakersfield, California, December 20, 1978 - Page 3 403 Upgrading the present Water Supervisor position to comparable Supervisor I and II positions at a monthly salary rate of $1125 to $1371. For the Council's and the public's information, the two new positions in the Community Develop- ment Department will be funded through the Federal Community Development Block Grant Program. If and when these funds are discon- tinued, this position will be phased out. The new position in the Water Department will be funded by various Kern River Water Districts. Therefore, these new positions will not result in a direct increase cost to the City taxpayers. In order to effectuate these changes, the Governmental Efficiency and Personnel Committee is recommending Council approval of this report, approval of the attached changes in the salary resolution and the attached job specifications. Upon a motion by Councilman Strong, Report No. 10-78 from Governmental Efficiency and Personnel Committee regarding Employee Changes in Community Development and Water Departments, was accepted; and recommendations as outlined in the report, were approved. Adoption of Resolution No. 133-78 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. 133-78 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 Medders, Ratty, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 12-78 regarding Rate Increase for Private Refuse Contractors, as follows: In this Committee's report in May on the 1978- 79 operating budget, it was indicated a request had been made by the private refuse contractors 4O4 Bakersfield, California, December 20, 1978 - Page 4 for a 20% rate increase. In August, when the Council finalized the 1978-79 budget, $75,000 was appropriated for this increase pending further evaluation and recommendation by Public Works and approval by the Council. The Committee has met with the Public Works Director and representatives of the Kern Refuse Association. The Public Works Director has indicated a rate increase would appear to be justified as the last increase given was effective July 1, 1976. The City's cost associated with refuse collection has generally increased by approximately 15%. He also noted that the Consumer Price Index has increased by 18% over this two and one-half year period and as a result it would be difficult to recommend a 20% increase. It was mutually agreed between this Committee and the contractors that effective January l, 1979 a 15% increase or 6% per year would be appropriate and this Committee would so recom- mend. Upon a motion by Councilman Sceales, Report No. 12-78 from the Budget Review and Finance Committee regarding Rate In- crease for Private Refuse Contractors, was accepted; and an increase of 15% or 6% per year, effective January 1, 1979, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2670 to 2860, inclusive, in the amount of $451,837.07. (b) Claim for Damages from Michael Callagy, 1430 Truxtun Avenue, Suite 909, Bakers- field. (Refer to City Attorney) (c) Notice of Completion and Acceptance of Work for demolition and removal of structures and related improvements on Lot 4, Block 325, City of Bakersfield (southeast corner of 16th and Eye Streets) - Contract No. 78-149 with Valley Tree and Construction. (d) Application for Encroachment Permit from William D. Myers, Box 996, Ras Lanura, Saudi Arabia, for construction of 4-foot cedar fence, approximately 3-foot behind sidewalk along Plantation Avenue at north- west corner of Fambrough Drive and Plantation Avenue. Bakersfield, California, December 20, 1978 - Page 5 405 (e) Budget Transfer from Police Department Account to City Council Account, in the amount of $26,580, for remainder of Fiscal Year 1978-79 for recent contract with the S.P.C.A. for animal control purposes. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d) and (e) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen ACTION ON BIDS Upon a motion by Councilman Ratty, low bid of Granite Construction Company for resurfacing portions of "N" Street, 8th Street and 34th Street, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, bids of Valley Office (31 items), Floyd's Stores (9 items), Monk Stationers (ll items) and Sear's Contract Sales (3 items) for furniture for the City Corporation Yard, were accepted and all other bids rejected. Acceptance of Bid of Garone Cattle Company for Lease of Southeast Bakersfield Municipal Sewer Farm. Director of Public Works Hawley read a report, dated December 20, 1978, regarding Lease of Southeast Bakersfield Muni- cipal Farm, as follows: On December 7, 1978, two proposals were received for the seven year lease of 5170 acres at the Southeast Bakersfield Municipal Farm. The two bids were $2,743,650 from A & K Farms and $2,733,558 from Garone Cattle Company. To evaluate the two proposals, a committee from the Attorney, Finance and Public Works Departments and representatives from the Union Avenue Sanitation District and East Niles Community Services District intervieweel the two firms. Taking into account the experience, available financing, personnel and other factors peculiar to the operation of the Municipal Farm, it is 4O6 Bakersfield, California, December 20, 1978 - Page 6 my recommendation that the lease be awarded to Garone Cattle Company. This firm is being recommended for the following reasons: The firm is a proven operator, incorporated in 1956, with 8 years experience in handling the continuous flow of waste water from the treatment plants. The firm has an experienced staff. the key personnel has been with the more than 20 years. Each of company The firm is acquainted with the environ- mental problems associated with the handling of treated effluent, including the require- ments of the Mosquito Abatement District, Health Department and the Water Quality Control Board. The firm is presently farming about 4000 acres of the 5170 acres to be leased and has farming equipment, pumps, fences and other farming items on the site. The firm is familiar with the construction work underway, has worked with the Con- tractor and knows the coordination required to handle the waste water during the construction phase. The firm has proven ability over the past 8 years to finance its operations and meet its financial obligations to the City. Although A & K Farms submitted a bid totaling approximately $10,000 more than Garone Cattle Company, the following conclusions were reached. A & K Farms is a non-entity and will only be formed as a partnership if the lease is awarded to A & K. A & K Farms has established no record of previous farming or farm-management experience. 3. A & K Farms, as a partnership, has no assets at this time. o A & K Farms has no employees at this time and intends to hire from other on-going farming operations. Mr. Ronald Self, Attorney representing A & K Farms, rebutted some of the statements contained in the report from the Public Works Director, explained the operation Mr. Ackerman and Mr. Kimmel planned for this lease and how they plan to meet the financial obligations. Mr. Self stated it is true that A & K Farms is not a formed partnership. It is a partnership that would be formed for the purpose of farming this specific land. Bakersfield, California, December 20, 1978 - Page 7 4O7 Mr. Sam Ackerman, representing A & K Farms, outlined their farming experience. Councilman Sceales made a motion that the bid of Garone Cattle Company for the Lease of the Southeast Bakersfield Municipal_ Sewer Farm, be accepted. During discussion, Councilman Strong stated his first inclination was to adhere to the Council's policy of awarding to the highest bidder, but in this case he questions the fact that A & K Farms, a proposed partnership, did not exist at the time the bid was submitted. Mr. Joe Garone, outlined the Garone Cattle Company's operation at the Southeast Bakersfield Municipal Sewer Farm, the improvements that he has made during the 8 years he held the lease and some of the special problems farming on a sewer farm. Councilman Sceales motion that the bid of Garone Cattle Company for the Lease of the Southeast Bakersfield Municipal Sewer Farm, be accepted, the other bid rejected and the Mayor authorized to execute the Lease, was approved. DEFERRED BUSINESS Adoption of Ordinance No. 2471 New Series of the Council of the City of Bakersfield modifying certain require- ments for Mobile Home Subdivisions in the MH Zone. Upon a motion by Councilman Sceales, Ordinance No. 2471 New Series of the Council of the City of Bakersfield modifying certain requirements for Mobile Home Subdivisions in the MH Zone, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title 8 of the Municipal Code by adding a new Chapter 8.62 thereto directing the Health Officer to review and certify all private sewer systems. 4O8 Bakersfield, California, December 20, 1978 - Page 8 Private sewer systems are necessary and permitted where the City of Bakersfield sewer system is not available and this ordinance provides for a review and approval of all such systems by the Health Officer to insure continued protection of public health, safety and conformance with State and local requirements. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title 8 of the Muni- cipal Code by adding a new Chapter 8.62 thereto directing the Health Officer to review and certify all private sewer systems. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as a portion of Kern River No. 6 Annexation. This ordinance would zone upon annexation those certain properties in the County of Kern located'on the south side of Stockdale Highway, between Renfro and Allen Roads, to an R-S (Residential Suburban) or more restrictive Zone. 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 a portion of Kern River No. 6 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the northwest corner of Ming Avenue and New Stine Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Ming and New Stine Properties and would change subject property from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a P.C.D. (Planned Commercial Development) or more restrictive Zone. Bakersfield, California, December 20, 1978 - Page 9 409 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the ~unicipal Code changing the Land Use Zoning of 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. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1400 Easton Drive. The application for this amendment was made by Carver Development Company and would change subject property from a C-2-D (Commercial - Architectural Design) Zone to an M-1-D (Light Manufacturing - 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 that certain property in the City of Bakersfield commonly known as 1400 Easton Drive. Adoption of Resolution No. 134-78 of the Council of the City of Bakers- field redetermining and recertifying to County of Kern Auditor-Controller amount of Cancellation Fee landowner must pay County Treasurer as deferred taxes upon cancellation of Land Use Contract under Williamson Act and extending time for payment. This action is necessary because of the change of valuation made by the County Assessor and compelled by Proposition 13. The extension is justified because; 1) the Assessor's change was transmitted to the City less than 48 hours prior to the dead- line of payment; and 2) problems in immediate payment resulting from County-wide agricultural losses. Upon a motion by Councilman Ratty, Resolution No. 134-78 of the Council of the City of Bakersfield redetermining and re- certifying to County of Kern Auditor-Controller amount of Cancellation 410 Bakersfield, California, December 20, 1978 - Page 10 Fee landowner must pay County Treasurer as cancellation tending time vote: Ayes: Noes: Absent: deferred taxes upon of Land Use Contract under Williamson Act and ex- for payment, was adopted by the following roll call Councilmen Medders, Ratty, Sceales, Strong None Councilman Barton, Christensen Adoption of Resolution No. 135-78 of the Council of the City of Bakers- field redetermining and recertifying to County of Kern Auditor-Controller amount of Cancellation Fee landowner must pay County Treasurer as deferred taxes upon cancellation of Land Use Contract under Williamson Act. This action is necessary because of the change of valuation made by the County Assessor and compelled by Proposition 13. The extension is justified because; 1) the Assessor's change was transmitted to the City less than 48 hours prior to the dead- line of payment; and 2) problems in immediate payment resulting from County-wide agricultural losses. Upon a motion by Councilman Sceales, Resolution No. 135-78 of the Council of the City of Bakersfield redetermining and recertifying to County of Kern Auditor-Controller amount of Cancellation Fee landowner must pay County Treasurer as deferred taxes upon cancellation of Land Use Contract under Williamson Act, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen Approval of Engineering Services Agreement between the City and Rickett, Ward and Delmarter for investigation and design of street improvements in the Homaker Park area between Chester Avenue and Union Avenue, south of 34th Street. This project will be funded with 1978 Community Develop- ment Block Grant funds. Bakersfield, California, December 20, 1978 - Page 411 Upon a motion by Councilman Ratty, Engineering Services Agreement between the City and Rickett, Ward and Delmarter for investigation and design of street improvements in the Homaker Park area between Chester Avenue and Union Avenue, south of 34th Street, was approved and the Mayor was authorized to execute same. Approval of Engineering Services Agreement between the City and Butler, Chambers and Hughes for investigation and design of street improvements in the area bounded by California Avenue, "P" Street, 4th Street and Chester Avenue. This project is being funded with Community Development Block Grant funds. Upon a motion by Councilman Strong, Engineering Services Agreement between the City and Butler, Chambers and Hughes for investigation and design of street improvements in the area bounded by California Avenue, "P" Street, 4th Street and Chester Avenue, was approved and the Mayor was authorized to execute same. Reception of City Clerk's Certificate of Sufficiency of Petitions of Nomi- nation of Candidates for the Office of Councilman to be voted upon at the General Municipal Election to be held March 6, 1979. Upon a motion by Councilman Strong, City Clerk's Certi- ficate of Sufficiency of Petitions of Nomination of Candidates for the Office of Councilman to be voted upon at the General Municipal Election to be held March 6, 1979, was received and ordered placed on file. The following candidates have filed petitions with the City Clerk for J. Merion Christensen Ralph H. Poehner John M. Means Clarence E. Medders Thomas Anthony Payne Michael Edward Sceales the Office of Councilman: 2nd Ward 2nd Ward 5th Ward 5th Ward 6th Ward 6th Ward Full Term Full Term Full Term Full Term Full Term Full Term 412 Bakersfield. California, December 20, 1978 - Page 12 Reception of City Clerk's Certificate of Sufficiency of Petitions of Nomi- nation of Candidates for the Special Municipal Election to fill the vacancy on the Council for the unexpired term in the Third Ward to be consolidated with the General Municipal Election on March 6, 1979. Upon a motion by Councilman Strong, City Clerk's Certi- ficate of Sufficiency of Petitions of Nomination of Candidates for the Special Municipal Election to fill the vacancy on the Council for the unexpired term in the Third Ward to be consolidated with the General Municipal Election on March 6, 1979, was received and ordered placed on file. The following candidates have filed petitions with the City Clerk for the Office of James Arnold Caswell Caroline St. John Close James E. Greer Robert Norman Miller Ralph J. Prejean Arthur L. Rockoff Earl F. Stevens, Jr. Councilman: 3rd Ward 3rd Ward 3rd Ward 3rd Ward 3rd Ward 3rd Ward 3rd Ward HEARINGS Unexpired Term Unexpired Term Unexpired Term Unexpired Term Unexpired Term Unexpired Term Unexpired Term This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Pacheco No. 7," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 64.3 + acres of land located on the southern side of Pacheco Road, western side of Hughes Lane and bounded on the north by the Southern Pacific Railroad. Vice-Mayor Medders declared the hearing open for public participation. Mr. Jerry Gatlin, 6 Garland Street, spoke in opposition to annexing his property into the City and asked several questions regarding the zoning of this area. Bakersfield, California, December 20, 1978 - Page 13 413 No further protests or objections being received, Vice- Mayor Medders closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 136-78 of the Council of the City of Bakersfield making finding that a majority protest has not been made and ordering the territory designated as Annexation No. 264, Proceeding No. 641 (Pacheco No. 7) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Strong Noes: None Absent: Councilmen Barton, Christensen RECESS Vice-Mayor Medders recessed the regular meeting at 9:10 P.M. for a Budget Hearing on Title II Funds - Intergovern- mental Antirecession Act. BUDGET HEARING Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 13-78 regarding Title II Funds Intergovernmental Antirecession Act, as follows: As the Council may recall, over the past two years the City has received these Anti- Recession funds to be utilized to assist local government maintain levels of basic services. Effective September 30, 1978, this program has been terminated by the Federal government and the $68,000 of these funds the City presently holds represents the final allocation. The regulations for the use of these funds require they be appropriated, obligated or actually spent within six months of receipt. The staff has informed this Committee there are needs for additional funds within the operating budgets of several Public Works divisions and the Police Department (see Attachment #1). These uses would meet the eligibility requirements of the Act. The Committee has reviewed these and feel they are justified and therefore recommends the City Council authorize the appropriation of $68,000 of these Anti-Recession funds to meet these needs as indicated on Attachment #1. 414 Bakersfield, California, December 20, 1978 - Page 14 ATTACHMENT #1 CITY OF BAKERSFIELD Proposed Use of Final Allocation of Title II - Antirecessionary Funds PUBLIC WORKS DEPARTMENT Traffic Signing and Striping Signs: $ 5,500 1. Vandalism & knock down. Street development greater than anticipated. o Designation of additional thru street thus requiring more stop signs. Traffic Paint: 4,500 1. New State requirement for marking school crossings. 2. Price increases greater than anticipated. 3. Street development greater than anticipated. Street Maintenance: 13,500 Replenish stockpile of storm drain pipe, manhole covers, etc. which are utilized to correct minor drainage problems where ponding of water deteriorates pavement. Stockpile is necessary as it takes 10 to 12 weeks to obtain these items. Equipment Maintenance: 27,000 Budget anticipated on 8% increase in parts, however actual increase since November 1977 has been 20%. Wastewater Treatment: 15,000 Unanticipated odor problem at sewer farm resulted in a sub- stantial use of chlorine and masking agent. POLICE DEPARTMENT First aid kits, fire extinguishers and emergency blankets for vehicles. 2,700 Telephone modifications in Vice Division. 600 $68~800 Bakersfield, California, December 20, 1978 - Page 15 Vice-Mayor Medders declared the budget hearing open for public participation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Report No. 13-78 from the Budget Review and Finance Committee regarding Title II Funds - Intergovernmental Antirecession Act, was accepted; and appropriation of $68,000 of the Antirecession funds to meet the needs as indicated on Attachment #1, was approved. Vice-Mayor Medders adjourned the Budget Hearing and reconvened the regular Council Meeting. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:15 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield, California CITY CLERK ma