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HomeMy WebLinkAboutJULY - SEPT 1978Bakersfield, California, July 12, 1978 191 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., July 12, 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 Sceales, Barton (seated at 8:10 P.M.), Christensen, Medders, Ratty, Rogers Absent: Councilman Strong Minutes of the Budget Session of June 26, 1978 and Regular meeting of June 28, 1978, were approved as presented. PRESENTATION OF RETIREMENT PLAQUES Mayor Hart presented a retirement plaque to Mr. Edward J. Hauptman, who completed 28 years of service with the Police Department of the City of Bakersfield, effective July 5, 1978. Mayor Hart presented a retirement plaque to Mr. William C. Moses, who completed 36 years of service with the Police Depart- ment of the City of Bakersfield, effective July 3, 1978. PRESENTATION OF PLAQUES Mr. Robert Hargrave, President of the California Society of Municipal Finance Officers (CSMFO), presented plaques to Mrs. Elizabeth Haynes, widow of Denny Haynes who was Finance Director of the City of Bakersfield, for his service to that organization. SCHEDULED PUBLIC STATEMENTS Mr. Ken Johnson, Kern District Manager for the Southern California Gas Company and also representing the Pacific Gas and Electric Company, stated that the two companies are attempting to build a liquefied natural gas terminal on the coast at Point Conception and requested the Council to adopt a resolution urging the Public Utilities Commission to approve the project. Bakersfield, California, July 12, 1978 - Page 2 Adoption of Resolution No. 69-78 of the Council of the City of Bakers- field urging approval by the Public Utilities Commission of the Point Conception Liquefied Natural Gas Terminal Site. Upon a motion by Councilman Christensen, Resolution No. 69-78 of the Council of the City of Bakersfield urging approval by the Public Utilities Commission of the Point Conception Liquefied Natural Gas Terminal Site, was adopted by the following roll call Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Strong CORRESPONDENCE Upon a motion by Councilman Rogers, communication from Kern County Council of Governments, dated June 28, 1978, requesting that the City Council appoint someone who can represent them in transit matters, was received and Director of Public Works Dale Hawley was appointed as the representative. Upon a motion by Councilman Sceales, communication from Kern County Board of Supervisors, dated June 20, 1978, referring a letter to the Bakersfield City Council from the Mother's Club of Thompson Junior High School requesting completion of Bicycle Path located west of Beach Park to Cal State (Gosford Road), was received and referred to the Public Works Director for reply. Upon a motion by Councilman Medders, communication from Mrs. Willo E. Funk, 1000 Dobrusky Drive, dated July 2, 1978, regarding treatment of her trash cans, was received and referred to staff for reply. Upon a motion by Councilman Christensen, communication from Kern County Parks and Recreation Department, dated June 28, 1978, advising the Auditorium-Recreation Department that due to the passage of the Jarvis-Gann Initiative there will not be a recreation allocation to the City of Bakersfield this year, was received and referred to the Auditorium-Recreation Committee. vote: Ayes: Bakers£ield, California, July 12, 1978 - Page 3 193 Upon a motion by Councilman Ratty, communication from the State Department of Transportation, dated July 5, 1978, requesting suggestions for revised descriptions in either highway, freeway or expressway routes that would facilitate day-to-day highway operations or administration, was received and referred to the Public Works Director for reply. Upon a motion by Councilman Ratty, communication from Rhea M. Graves, 1330 Castaic Avenue, dated July 10, 1978, regarding regulations for private parking lots in the downtown area, was received and referred to staff for reply. Upon a motion by Councilman Medders, communication from Bakersfield Neon Sign Company, dated July 12, 1978, requesting an appeal hearing on the inability of the Planning Commission to reach a decision regarding a request for a revolving sign for California Republic Bank at 3990 Ming Avenue, was received and Wednesday, July 26, 1978 was the date set for hearing of the appeal. REPORTS City Manager Bergen read a Status Report of Proposed Hotel Project, as follows: Due to the passage of Proposition 13, fiscal and economic impacts regarding proposed hotel project must be reevaluated. The Redevelop- ment Agency has extended the time for the developer to provide evidence of financing based upon new criteria on the condition that the City Council approve the extension. At the request of the property owners appraisals have been made. In order to allow time for the committee of the Redevelopment Agency and the staff to meet with the property owners and report to the Council prior to their action, we are recommending that the Council extend the time of the evidence of financing from July 23, 1978 to July 26, 1978. At that time a full report will be made to the City Council so they can make a determination. Upon a motion by Councilman Ratty, Status Report of Proposed Hotel Project, was accepted; and extension of time for evidence of financing to July 26, 1978, was approved. 194 Bakersfield, California, July 12, 1978 - Page 4 Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 2-78 regarding Kern Philhar- monic Society Subsidy Request, as follows: A meeting was held on June 27, 1978, with the Auditorium-Recreation Committee and Mr. John Farrer, conductor of the Kern Philharmonic, to discuss the request made by the Philharmonic for the City to contribute $10,000 per year to the orchestra to help meet their expenses. A thorough explanation was made of the needs the orchestra faces to keep themselves solvent. The Committee sympathizes with these needs. However, with the fiscal plight put upon the City with the passage of the Jarvis-Gann Amendment, it was felt that no additional funds could be made available at this time. It was restated the City will continue with the same funds now available in the recreation budget of $400 for this fiscal year, 1978-79. Further study is to be made to see if this amount can be continued in the future. Upon a motion by Councilman Christensen, Report No. 2-78 from the Auditorium-Recreation Committee regarding Kern Philharmonic Society Subsidy Request, was accepted. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5737 to 5911, inclusive, in the amount of $1,396,939.82. (b) Claim for Damages from Patricia Ann Woody, 552 Via Media, Palos Verde Estates, Cali- fornia. (Refer to City Attorney) (c) Claim for Damages from Arthur Tognini, Lessor and Owner of businesses at 9, ll, 15, 19 and 25 Chester Avenue, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Patricia Tognini, DBA Brundage Fabrics, 19 Chester Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Harold Cox, DBA Brundage Jewelry and Sherry's Liquor Store, 27-31 Chester Avenue, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Sharon Hansen, DBA Mears Cafe, 9 Chester Avenue, Bakersfield. (Refer to City Attorney) (g) Map of Tract No. 4011 and Improvement Agreement for construction of improve- ments therein - located east of Gosford Road and north of Ming Avenue. Bakersfield, California, July 12, 1978 - Page 5 195 (h) Map of Tract No. 4024 and Improvement Agreement for construction of improve- ments therein - located east of Ashe Road and north of White Lane. (i) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Parcel Map No. 3624 - Contract No. 77-54 with Harold H. Russo. (J) Notice of Completion and Acceptance of Work under Tract Map No. 3814 - Contract No. 76-94 with Troy Chastain. (k) Notice of Completion and Acceptance of Work on improvement of Chester Avenue between 24th Street and Garces Circle (Federal Aid Urban Project No. M-F294(2)) - Contract No. 77-203 with James G. Francis. (i) Notice of Completion and Acceptance of Work for installation of Fuel Storage Tanks at Corporation Yard - Contract No. 78-83 with Omega Construction Company. (m) Deleted. (n) Plans and Specifications for Storm Drains in Hughes Lane, White Lane and Chadbourne Street. (o) Plans and Specifications for construction of pavement on portions of South Brown Street and South Williams Street. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Strong ACTION ON BIDS Upon a motion by Councilman Medders, bid of Omega Construction Company for installation of improvements to the Corporation Yard Facility (which included fuel island, vehicle wash facility and additional equipment), was rejected and the Assistant City Manager - Finance was authorized to readvertise the project. 196 Bakersfield, California, July 12, 1978 - Page 6 Upon a motion by Councilman Ratty, low bid of Granite Construction Company for construction of Storm Drain in Panama Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, low bid of Ray Gaskin Service for Refuse Packer Truck - Body & Chassis, was accepted, all other bids rejected and Budget Transfer, in the amount of $47,162.28, from the Contingency Account in the Equip- ment Replacement Fund to the appropriate account for the purchase of the truck was approved. DEFERRED BUSINESS Adoption of Ordinance No. 2416 New Series amending Title Seventeen o£ 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 north side of College Avenue within the 5900 through 6100 blocks. The application for this zone change was made by Lusich, Patrick, Henderson, Mueller & Associates, Inc., and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2416 New Series amending Title Seventeen of the Municipal Code of the City o£ Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of College Avenue within the 5900 through 6100 blocks, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Sceales, Rogers None Barton, Christensen, Medders, Ratty, Councilman Strong 197 Bakersfield, California, July 12, 1978 - Page 7 Adoption of Ordinance No. 2417 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Ming Avenue, between Gosford Road and Ashe Road. The application for this zone change was made by Tenneco Realty Development Corporation and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone; from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone; from an "A" (Agricultural) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone; and from an "A" (Agricultural) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2417 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Ming Avenue, between Gosford Road and Ashe Road, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers None Councilman Strong Adoption of Ordinance No. 2418 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 901 through 907 Lakeview Avenue. The application for this zone change was made by Joseph Dean Family Dwelling) Zone to a C-2-D Zone. and would change subject property from an R-2 (Limited Multiple (Commercial - Architectural Design) Bakersfield, California, July 12, 1978 - Page 8 Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2418 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 901 through 907 Lakeview Avenue, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Sceales, Rogers Noes: None Absent: Councilman Barton, Christensen, Medders, Ratty, Strong NEW BUSINESS 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, re- garding property known as Municipal Farm No. 3 Annexation. This ordinance would zone upon annexation those certain properties in the County of Kern located between Panama Lane and one mile south of Bear Mountain Boulevard and approximately one mile east of Cottonwood Road to an "A" (Agricultural) or more restrictive Zone. This zoning upon annexation covers approximately 4.4 square miles located southerly of the existing City Sewer Plant No. 2 and will be used by the City to control and utilize water discharged from the treatment facility. Properties will be leased for raising of field crops. It is presently zoned "A" in the County. Several property owners within the area attended the public hearing and expressed opposition to the properties being used as proposed, because of the possible odor from the treated water and the dust problem from grading the land. Property owners also expressed concern relative to access through City properties to adjoining farm properties. Bakersfield, California, July 12, 1978 - Page 9 199 The Planning Commission found the proposed zoning upon annexation compatible with surrounding properties and consistent with the Land Use Element of the General Plan, approved and adopted the Negative Declaration, advertised and posted June 9, 1978, and recommended approval by the City Council. 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 regarding property known as Municipal Farm No. 3 Bakersfield, 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, re- garding property known as Municipal Farm No. 4 Annexation. This ordinance would zone upon annexation those certain properties in the County of Kern located one mile south of Brundage Lane, west of Fairfax Road to an "A" (Agricultural or more restrictive Zone. This zoning upon annexation covers approximately 474 acres located easterly of the existing City Sewer Plant No. 2. Properties were acquired by the City to control and utilize water discharged from the treatment facility. City will lease the land for raising field crops. It is presently zoned "A" in the County. Several property owners within the area attended the public hearing and expressed opposition to the property being used for farming using treated water from the treatment plant, and accordingly opposed the agricultural zoning. The Planning Commission found the proposed zoning upon annexation compatible with the surrounding properties, consistent with the Land Use Element of the General Plan, approved and adopted the Negative Declaration, advertised and posted June 9, 1978, and recommended approval by the City Council. 9 00 Bakersfield, California, July 12, 1978 - Page 10 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 Municipal Farm No. 4 Annexation. First reading of an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of the Alfred Harrell Highway and Lake Ming Road Intersection. 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) or more restrictive Zone, and a C-2-D (Commercial - Architectural Design) or more restrictive Zone. The applicant is proposing to rezone 39 acres to C-O-D and 62 acres to C-2-D. The proposed zoning would be consistent with the Bakersfield Metropolitan Area General Plan. The Planning Commission approved the Negative Declaration, advertised and posted May 26, 1978, found the proposed zoning consistent with the General Plan and recommended approval by the City Council. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of Alfred Harrell Highway and Lake Ming Road Intersection. First reading of an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Panama Lane east of State Highway Route 99. The application for this amendment was made by Hal Doran and would change subject property from a C-2-D (Commercial - 201 Bakersfield, California, July 12, 1978 - Page ll Architectural Design) Zone to a TT (Travel Trailer Park) or more restrictive Zone. The Planning Commission approved the Negative Declaration, advertised and posted June 9, 1978, found the proposed zoning consistent with the General Plan and recommended approval by the City Council. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of Panama Lane east of State Highway Route 99. First reading of an Ordinance amending Title Seventeen of the Municipal Code o£ the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Panorama Drive and Fairfax Road Inter- section. This application for amendment was made by R. A. Wadsworth Builder, Inc., and would change subject property from an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church) or more restrictive Zone. The Planning Commission approved the Negative Declaration, advertised and posted June 9, 1978, found the zoning consistent with the General Plan and recommended approval by the City Council. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Panorama Drive and Fair£ax Road Intersection. First reading of an Ordinance of the Council of the City of Bakersfield adding Section 16.24.124 (b) (13) of Chapter 16.24 of the Municipal Code providing for Fire Hydrants in Sub- divisions. First reading was cons.idered given an Ordinance of the Council of the City of Bakersfield adding Section 16.24.124 (b) 202 Bakersfield, California, July 12, 1978 - Page 12 (13) to Chapter 16.24 of the Municipal Code providing for Fire Hydrants in Subdivisions. First reading of an Ordinance of the Council of the City of Bakersfield adding Section 3.18.110 (c) (1) and Section 3.18.110 (e) to the Municipal Code respecting Leadmen and Shift Differentials. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 3.18.110 (c) (1) and Section 3.18.110 (e) to the Municipal Code respecting Leadmen and Shift Differentials. Adoption of Resolution No. 70-78 of the Council of the City of Bakers- field setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Rogers, Resolution No. 70-78 of the Council of the City of Bakersfield setting salaries and related benefits for Officers and Employees of the City of Bakers- field, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Strong Approval of Agreement with Robert Coop Associates for an Overview Study of the Police Department. On February 22, 1978, Mr. Robert Coop discussed a manage-- ment review of the Bakersfield Police Department and suggested an Overview Study be conducted at a cost of $5,000. Mr. Robert Coop, Robert Coop Associates, stated that rather than conduct a general management study of the Police Depart;- ment without knowing the areas of emphasis that should be studied, it would be more appropriate to have a less expensive overview study which would determine the areas the Council and staff might be concerned with. The overview study is designed to identify problems rather than to recommend solutions at this time. Mr. Coop stated it is their understanding there have been discussions Bakersfield, California, July 12, 1978 - Page 13 within City government regarding various areas of law enforcement, such as; management (including organization and supervision), adequate manpower, personnel procedures (including recruitment, examination, training, promotion and separation), actual crime reporting and statistics, etc. Robert Coop Associates' objectives would be to identify the areas which appear to be most worthwhile for a detailed study in the future and he outlined areas the study would include: interviews with the City Council, City Manager, Personnel Director, Police Chief and principal officers, repre- sentative Police Officers, news media, representatives of business community, racial minority leaders, representatives of neighbor- hood and citizens groups, District Attorney's office and repre- sentatives of the Judiciary; and review generally department organization, policies and procedures. The product of the overview study would be a report listing the information obtained, state conclusions and recommend areas for detailed study, if it appears appropriate. A statement of work would be prepared which the City could use to either complete its own study or in soliciting assistance for a study by someone else. The overview study cost is $5,000, plus expenses not to exceed 15% of the basic cost, and it would be completed by August 30, 1978. Councilman Sceales stated that he could not support the overview study of the Police Department at this time. Upon a motion by Councilman Christensen, Agreement with Robert Coop Associates for an Overview Study of the Police Depart- ment at a cost of $5,000, plus expenses not to exceed 15% of the basic cost, was approved and the Mayor was authorized to execute same, Ayes: Noes: by the following roll call vote: Councilmen Barton, Christensen, Councilman Sceales Medders, Ratty, Rogers Absent: Councilman Strong 204 Bakersfield, California, July 12, 1978 - Page 14 Adoption of Resolution No. 71-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Island Annexation No. 271 (Harris No. 2). The proposed island annexation consists of approximately 29 acres of inhabited land and is located northeast of Harris Road and Stine Road. The Planning Commission approved the boundaries on July 5, 1978. This resolution initiates the preliminary pro- ceedings for annexation of Harris No. 2. Upon a motion by Councilman Sceales, Resolution No. 71-78 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Island Annexation No. 271 (Harris No. 2), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Strong Adoption of Resolution No. 72-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Annexation No. 272 (Panama No. 2). The proposed annexation consists of approximately 83 acres of inhabited land and is located northwest of Panama Lane and Wible Road. This resolution initiates the preliminary pro- ceedings for annexation of Panama No. 2. Upon a motion by Councilman Sceales, Resolution No. 72-78 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City:of Bakersfield:. identified as Annexation No. 272 (Panama No. 2), was adopted and Bakersfield, California, July 12, 1978 - Page 15 205 referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Strong Adoption of Zoning Resolution No. 262 Denying Application of May Howe to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 2501Dracena Street, 415 through 519 "A" Street, and 2420 and 2424 Palm Street. The Planning Commission held a public hearing on this matter at which time several property owners submitted testimony expressing opposition to the proposed zone change from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling). The Planning Commission was of the opinion the requested R-2 zoning of subject properties would not be compatible with the single family homes in the neighborhood and accordingly recommended denial of the zone change. Upon a motion by Councilman Medders, Zoning Resolution No. 262 Denying Application of May Howe to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 2501 Dracena Street, 415 through 519 "A" Street, and 2420 and 2424 Palm Street, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Strong Adoption of Resolution No. 73-78 of the Council of the City of Bakers- field to allow Bakersfield Police Officers to participate in California Highway Patrol Training. This resolution directs the Chief of Police to execute agreements for participation of City Police Officers in the 206 Bakersfield, California, July 12, 1978 - Page 16 California Highway Patrol Training Programs which are offered without cost to the City. Upon a motion by Councilman Rogers, Resolution No. 73-78 of the Council of the City of Bakersfield to allow Bakersfield Police Officers to participate in California Highway Patrol Training, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Strong Council HEARINGS This is the time set for public hearing before the for hearing protests by persons owning real property within territory designated as "Municipal Farm No. 3," 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 2,943 ~ acres of land located south of Panama Lane and east of Cottonwood Road. City Manager Bergen explained the hearing procedures for annexations and zoning upon annexations, and stated that both Municipal Farm No. 3 and No. 4 Annexations involve only City owned property which will be utilized as a Municipal Farm. The hearings on the EIR on use of property as a Municipal Farm were held some time ago. Public Works Director Hawley stated this is a cooperatiw~ project between the City, Union Avenue Sanitation District, Alta Verde Sanitation District and East Niles Community Services District. Hearings pertaining to the merits of the project and to consider various alternatives were held by the City on March 27, 1974, the County on April 3, 1974, the Planning Commission on Bakersfield, California, July 12, 1978 - Page 17 2O7 because if it is not Mayor Hart pation. July l, 1974 and also outside the City. The environmental clearance was certified by the Council on August 26, 1974. On March l?, 1976 additional hearings were held and on April 26, 1976, Resolution No. 26-76 was adopted approving the final EIR. City Manager Bergen stated that this action is for annexa- tion of City owned property for a use that has gone through the necessary EIR and zoning hearings. It is important to the City annexed property taxes will have to be paid. declared the hearing open for public partici- Hattie M. Mixon, 2901 South Fairfax Road, stated that she is opposed to the annexation of Municipal Farm No. 3 and No. 4 because of the manner in which the notices for hearings on the EIR for the Bakersfield Sub-Regional Wastewater Plan were advertised. Myra Barker, Buena Vista Boulevard, submitted a petition £rom property owners in the immediate vicinity of ~he Municipal Farm objecting to the annexations. Mr. Vic Vincent, President of E1 Adobe Property Owners Association (representing approximately 79 residents), objected to the annexation because they were never notified of the project prior to this hearing. They would also like to keep Adobe Road open because they gave 55 feet of their property for this road to have access to DiGiorgio Road. The main objection is that the City plans to fence the property at the section line which would be one foot from the Adobe Road right-of-way closing off access to DiGiorgio Road. Mr. Dick Tatum, resident of the area, stated he is opposed to the project because they have not looked into the overall environmental impact on the surrounding area. Mr. Tom Boozer, subdivision developer in the area, stated that when he developed the area he had no idea the City was going to construct a sewer farm across the street. He also stated that 208 Bakersfield, California, July 12, 1978 - Page 18 the County required a 55 foot provision for Adobe Road but did not require the same from the City, and he is concerned about egress and ingress to their property. Mr. Harold B. Marley, Route 6, Box 71A on Buena Vista Boulevard, stated he is in opposition to this and concurs with the feelings of the other property owners. He also requested that the City do something to alleviate the dust problems in the area. Mr. James Van Noy, 3201 Fleur, stated he did not think the public was given proper consideration in this matter and opposes the project. Mr. Robert Barker, stated he is concerned about water flooding his property if the walls of the pond break and requested the Council to take a good look at the impact of this project on the surrounding area. He also requested that something be done about the dust problem from construction on the project. No further protests or objections being received and no one wishing to speak in favor, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Public Works Director Hawley stated the Water Quality Control Board established discharge requirements for the City of Bakersfield's Treatment Plant and this plant meets those require- ments. This project was reviewed by the State Department of Health, Kern County Health Department, Water Quality Control Board, Air Resources Control Board, most County Agencies, many Water Districts in the area, various Environmental Groups and there is a long list of people who have reviewed and responded to the Environmental Impact Report. This plant is being designed to provide a very high degree of treatment. The plant now being used does not pro- vide that high degree of treatment. That is the reason the City acquired all the additional land. The Mosquito Abatement District reviewed the proposal and made suggestions, which were incorporated into the plans. Bakersfield, California, July 12, 1978 - Page 19 2O9 Councilman Rogers stated the people living in the surrounding area have a dust problem from the construction and asked what can be done to eliminate it. Public Works Director Hawley stated that sections of land are being leveled and it is a very difficult task for the contractor to keep the dust down over that area. After receiving several phone calls a meeting was held with the contractor on the site. The contractor improved the situation, but it still did not meet the City's requirements. Another meeting was held with the con- tractor and also with several property owners in the area, and the contractor agreed to water down the area near the mobile home park and the staff feels he is doing a much better job as no further phone calls have been received. After considerable discussion, City Manager Bergen stated the staff would be happy to meet with the property owners and answer questions and resolve some of the problems any time it is convenient for all concerned. Upon a motion by Councilman Ratty, Resolution No. 74-78 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. 248, Proceeding No. 586 (Municipal Farm No. 3) annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilmen Strong, Barton This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Municipal Farm 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. 210 Bakersfield, California, July 12, 1978 - Page 20 This is an uninhabited annexation containing 473 + acres of land located south of Brundage Lane and west of Fairfax Road. pation. Mayor Hart declared the hearing open for public partici- Hattie M. Mixon, 2901 South Fairfax Road, stated the construction of the Municipal Farm should be halted or relocated until some legal advice is received on whether proper notice of hearings was made to interested persons. Mr. Tom Boozer questioned the staff taxes. regarding property No further protests one wishing to speak in favor, of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 75-78 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. 249, Proceeding No. 587 (Municipal Farm No. 4), annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilmen Strong, Barton This is the time set for public hearing before the Council on Resolution of Intention No. 933 of the Council of the City of Bakersfield declaring its intention to order the vacation of Robinson Street between the Alley and East 21st Street and the Alley adjacent to Kern Block 103, in the City of Bakersfield. This hearing has been duly advertised and posted. The Public Works Department has no objections to the proposed closings, subject to the following conditions: 1. Curb and gutter shall be installed to provide an alley type entrance at East Truxtun Avenue and Robinson Street. or objections being received and no Mayor Hart closed the public portion Bakersfield, California, July 12, 1978 - Page 21 2. Curb and gutter shall be installed along East 21st Street to physically close Robinson Street. (A driveway opening will be permitted) 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, Resolution No. 76-78 of the Council of the City of Bakersfield ordering the vacation of Robinson Street between the Alley and East 21st Street and the Alley adjacent to Kern Block 103, in the City of Bakersfield, subject to the conditions specified by the Public Works Department, was adopted by the following roll call vote: Ayes: Noes: Absent: Council, adjourned at Councilmen Sceales, Christensen, Medders, Ratty, Rogers None Councilmen Strong, Barton ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was 10:10 P.M. ATTEST: oCfITtYhe c~iR~K'yaon~ ~)rsf~~l~i~ofrnthiae Council ma Calif. 21_2 Bakersfield, California, July 26, 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., July 26, 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: Mayor Hart. Councilmen Strong, Barton, Christensen, Present: Absent: ~ledders, Ratty, Rogers Councilman Sceales Minutes of the regular meeting of July 12, 1978 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Harvey Hall, Hall Ambulance Service, Inc., 1307 South "H" Street, read a prepared statement regarding a budget proposal from the Administrator of the Kern Medical Center and now being reviewed by the Kern County Board of Supervisors that would reduce County ambulance service costs by $80,000 for Fiscal Year 1978-79, which would cause a reduction in services due to the loss of revenue. CORRESPONDENCE Upon a motion by Councilman Rogers, communication from Arend Folkens, 3213 Purdue Drive, submitting his resignation from the Board of Directors of the Golden Empire Transit District, was received and ordered placed on file. Communication from R. Dixon Speas Associates, Inc., dated July 12, 1978, submitting copies of a report entitled "Site Evaluation Study for Bakersfield Airpark," was received, referred to the Intergovernmental Relations Committee and the staff was requested to invite Mr. Speas to attend a meeting of that Committee, which is to be held on the same day as a Council Meeting so that he can discuss the report with the entire Council. Bakersfield, California, July 26, 1978 - Page 2 213 REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 3-78 regarding Kern County Recreation Allocation, as follows: The Council has referred to this Committee a letter from the Kern County Parks and Recreation Department which indicated that as a result of the passage of Proposition 13, the County will not be continuing its recreation allocation of approximately $80,000 to the City for the 1978- 79 fiscal year. The Committee has met with the staff to discuss the impact of this revenue loss on the recrea- tion program. After considerable discussion, it was concluded that in order for the City to maintain a balanced budget, it becomes necessary to make certain adjustments in recreation fees and programs. The following recommendations and comments thereon are submitted for Council approval. Increase Recreation and Team Entry Fees Children's programs - Since there are only a few weeks left in this summer's program, we do not propose any changes in this year's program, however, they would apply to next year's program. Annual Increased Revenue 1. Recreational swimming ($.25 to $.50) $16,000 Instructional swimming ($2.00 to $5.00) 8,300 3. Art Lessons ($2.00 to $4.00) 300 Adult programs - These programs should pay for themselves and not be subsidized by the City. Annual Increased Revenue Adult softball (Entry fee increase from $152 to $300 per team) $29,000 Adult basketball (Entry fee increase from $115 to $230 per team) 6,000 Rental rate for California Avenue Neighborhood Facility should go to a daily flat fee 30O 214 Bakersfield, California, July 26, 1978 - Page 3 Approve Increase in Contract with Panama School District The Panama School District has offered to in- crease their funding from $3,000 to $6,000 to make up for the City's lost revenue from the County. The County allocation assisted us in putting on our program in their district. This will enable the City to continue the same program level in their district. $ 3,000 Total Increased Revenue $62,900 Elimination of Programs Budget Reduction Youth Summer Basketball, School Summer Playgrounds and Summer Day Camp. These programs are not being conducted as the school or County facilities have been closed and thus not available to the City. $15,280 o Heritage Park and Park Stock- dale Summer Programs - These recreation programs were carried out in County areas and are recommended for elimination. 1~400 Total Budget Reduction $16,680 Total Increased Revenue and Budget Reduction $79,580 Upon a motion by Councilman Christensen, Report No. 3-78 from Auditorium-Recreation Committee regarding Kern County Recrea- tion Allocation, was accepted; and recommendations as outlined in the report, were approved. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 8-78 regarding Department Reorganization, as follows: The staff recently met with the GEP Committee to discuss a management reorganization in the City's Fire and Community Development Depart- ments. As the Council is aware, the position of Development Services Director has been vacant for several months, therefore, the timing for such reorganization is appropriate. Basically, this change would amount to combining the Fire Department, Building Division, Planning Division, and Domestic Water Operations into one depart- ment known as the Department of Fire and Development Services. Attached to this report is the proposed organization chart. Bakersfield, California, July 26, 1978 - Page 4 215 The A.D. Little Study in 1974 pointed out that close attention should be given in the future to integrating the inspectional activities of the Fire Department as they relate to similar activities of the Building and Planning Divisions. This proposed plan will help in moving in this direction. Also, the A.D. Little Study suggested this type of consolidation would be of benefit to developers as they would welcome a "one-step" administrative organization in their various dealings with the City. The result should make for a more efficient administrative organization than is presently possible and more responsive to public need, as well as the policies of the Council. In addition, it will provide the Council and the City Manager with a needed single department head with the overall responsibility for co- ordinating the closely-related functions of City government. The head of this new department will be the present Fire Chief whose responsibilities will be expanded to that of Director of Fire and Development Services. With the Fire Chief assuming these additional responsibilities, it will be necessary for the Deputy Fire Chief to take on additional administrative respon- sibilities within the Fire Department. We emphasize that these changes will not affect the present level of fire suppression, however, the staff will continue to study further efficiencies in this area. After careful consideration of this reorgani- zation, the GEP Committee is recommending Council approval of the following: Create the Department of Fire and Develop- ment Services. Reclassify the Fire Chief to Director of Fire and Development Services at a salary range comparable to that of the Chief of Police. 3. Increase the Deputy Fire Chief salary five percent. Eliminate the classification of Development Services Director. The net result of these changes will amount to an annual overall savings of $40,090. The Committee is satisfied at this time that this reorganization is feasibly sound, however, we will continue to evaluate its effectiveness. The GEP Committee is also recommending a change in a vacant classification in the City's Finance Department. In order to more efficiently conduct business in the Treasury section, we are recommending the reclassification of Finance 216 Bakersfield, California, July 26, 1978 - Page 5 Investigator to Revenue Supervisor. This change will result in an annual overall cost of $650. In order to implement these changes, this Committee is recommending first reading of the attached ordinance and adoption of the attached salary resolutions and job specifi- cations. Upon a motion by Councilman Strong, Report No. 8-78 from Governmental Efficiency and Personnel Committee regarding Depart- ment Reorganization, was accepted; and recommendations as outlined in the report, were approved. First reading of an Ordinance of the Council of the City of Bakersfield deleting Chapter 1.50 (Division of Municipal Transit) and adding Chapter 1.50, Department of Fire and Develop- ment Services, to the Municipal Code of the City of Bakersfield. First reading was considered given an Ordinance of the Council of the City of Bakersfield deleting Chapter 1.50 (Division of Municipal Transit) and adding Chapter 1.50, Department of Fire and Development Services, to the Municipal Code of the City of Bakers£ield. Adoption of Resolution No. 77-78 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. 77-78 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 Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Sceales Eugene B. Jacobs, Special Counsel for the Redevelopment Agency, submitted a report, dated July 26, 1978, that was given to the Redevelopment Agency regarding Downtown Bakersfield Redevelop- ment Project Metro Plaza Hotel, as follows: 217 Bakersfield, California, July 26, 1978 - Page 6 In January 1978 the Bakersfield Redevelopment Agency with the approval of the City Council entered into a Disposition and Development Agreement with Metro Plaza, Inc. whereby: (1) The Redevelopment Agency would acquire the two blocks bounded by Truxtun Avenue, P Street, 18th Street, and O Street, (2) Metro Plaza would lease a portion of the two blocks and construct and maintain a first class full service hotel, (3) The Redevelopment Agency would construct parking facilities on the remainder of the site, (4) Metro Plaza would construct and maintain tennis courts on top of the parking facilities, (5) Metro Plaza would operate and maintain the parking facilities. The Agreement was established in such a manner that such actions would take place only on a step by step basis only as and if Metro Plaza and the Redevelopment Agency were able to obtain financing. Metro Plaza was to proceed with the plans for the site and prior to June 30, 1978 Metro Plaza was to obtain financing or the Redevelopment Agency could terminate the Agreement. Metro Plaza had obtained a choice of two hotel operators and was seeking to obtain financing for the hotel when Proposition 13 was adopted on June 6, 1978. The passage of Proposition 13 created questions as to whether (1) the Redevelopment Agency could still meet its obligations if Metro Plaza did obtain its private financing and (2) Metro Plaza still needed as much assistance from the Redevelop- ment Agency since Metro Plaza's property tax burden would be 60%-70% less as a result of Proposition 13. Therefore, I recommended that the time within which Metro Plaza must have its financing be extended to November l, 1978 in order that the Redevelopment Agency could restructure its capabilities and Metro Plaza's capabilities in light of Proposition 13. The Redevelopment Agency approved such an extension subject to the approval of the City Council. The matter was to be before the City Council two weeks ago, but was put over until the City Council meeting tonight, July 26, 1978. Some weeks ago one of the property owners in the proposed hotel site asked the Redevelop- ment Agency to make preliminary appraisals of the properties so the property owners could have some idea of the of£ers the Redevelopment Bakersfield, Californa, July 26, 1978 - Page 7 Agency would be making for their properties. Such preliminary appraisals were completed early last week. Richard Oberholzer and I met or talked with each property owner and told each property owner the market value stated. Some property owners stated that the market value was much too low. Other expressed know- ledge of sales in the area indicating higher values would be proper. Some made no particular comments about value and one indicated the values were slightly low. The reaction was not dissimilar from the reaction of most property owners in similar circumstances. It was made clear that offers were not being made. With regard to the Full Gospel Tabernacle, how- ever, there was a serious problem. They had their own appraisal and it differed substantially higher from the Redevelopment Agency's appraisal. This was due, in my opinion, to the fact that church buildings are single purpose or limited purpose and are vacant. The appraiser differed on the appropriate depreciation for appraisal purposes. This might have been solved by getting the two appraisers together, but a more basic problem exists. The church representatives stated that they had offers to purchase and/or lease all or portions of the property and that they needed an immediate answer. An immediate purchase is not possible in light of the need to restructure the financing as a result of Proposition 13. Therefore, I discussed this matter with Mr. Bergen and we contacted Mr. Robert Schwartz of Metro Plaza again to see if he would reconsider his requirement that the hotel be North of Truxtun Avenue and move the hotel to a site South of Truxtun Avenue on the parking area of the Convention Center with structured parking for the hotel and the Convention Center. He agreed to such a move and a letter is attached from Mr. Schwartz regarding this matter. Also enclosed are letters from each of the two hotel operators who desire to operate the hotel. RECOMMENDATION: It is my recommendation that the Redevelopment Agency by motion recommend to the City Council: (i) The hotel be developed on the parking area of the Convention Center and that the two blocks bounded by Truxtun Avenue, P Street, 18th Street, and O Street not be used for the hotel site. (2) The Executive Director of the Redevelopment Agency be directed to prepare a new agree- ment with Metro Plaza for the development of the hotel on the parking area of the Convention Center with Metro Plaza required to have financing by November 1, 1978. (3) The Executive Director of the Redevelopment Agency be directed to prepare redevelopment plan amendments and other actions necessary to accomplish placing the hotel on the parking area of the Convention Center. Bakersfield, California, July 26, 1978 - Page 8 Mr. Jacobs stated that today the Redevelopment Agency approved the three recommendations, as contained in the report, and he suggested that the City Council also approve those same recommendations. Reverend Fred Cottriel, First Assembly o£ God Church, requested that the church property be removed from the Downtown Redevelopment area so that the threat of Eminent Domain will be removed and they can obtain financing. Reverend Cottriel also that the threat of Eminent Domain a££ects their present stated sale. Mr. Jacobs stated the church or new property owner could enter into a Participation Agreement with the Redevelopment Agency that would remove the threat of Eminent Domain from the property and the only time factor involved is drafting the document and obtaining approval by the Redevelopment Agency and Council. If the property is to be removed £rom the Downtown Redevelopment area hearings must be held, reports made and an ordinance adopted, which would take two or three months. Mr. Bill Brady, property owner at 918 Truxtun Avenue, stated that he would like to see the Council honor the commitment that was made two or three years ago, that i£ the plan was not accomplished and the contract signed within a year that the area would be removed from the Downtown Redevelopment area. A£ter further discussion, Councilman Barton stated as a short term solution he would make a motion that the Redevelopment Agency be informed that the Council would like them to enter into agreements with the property owners, within that block, removing them from the threat of Eminent Domain and also that the following three recommendations be approved: The hotel be developed on the parking area of the Convention Center and that the two blocks bounded by Truxtun Avenue, P Street, 18th Street, and O Street not be used for the hotel site. 220 Bakers£ield, California, July 26, 1978 - Page 9 The Executive Director of the Redevelopment Agency be directed to prepare a new agree- ment with Metro Plaza for the development of the hotel on the parking area of the Convention Center with Metro Plaza required to have financing by November l, 1978. The Executive Director of the Redevelopment Agency be directed to prepare redevelopment plan amendments and other actions necessary to accomplish placing the hotel on the parking area of the Convention Center. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Sceales Mayor Hart declared a brief recess at 9:10 P.M. and the Council reconvened at 9:15 P.M. Mrs. Myra Barker, Route 6, Box 71, submitted a petition from the Committee for Clean Air and Pure Water requesting that a public hearing be held on the Environmental Impact Report per- taining to the City of Bakersfield's Sewage Treatment Plant No. I and 2, located at East Brundage Lane and Mt. Vernon Avenue, and Municipal Farm Nos. 3 and 4, and that adequate notices of said hearings be sent to all people whose property is affected by said sewer plants. Upon a motion by Councilman Rogers, petition from the Committee for Clean Air and Pure Water, was received and referred to the Water and City Growth Committee. City Manager Bergen read a report regarding Acceptance of 1978-79 Community Block Grant, as £ollows: The City has been notified the Department of Housing and Urban Development has approved the City's 1978-79 Community Development Block Grant application in the amount of $1,274,000. The grant has been offered subject to certain conditions and timetables (see attachment #1). It is my intent, if the grant is accepted by the City Council, to fill the position of Community Development and Housing Coordinator as soon as possible. This individual, to- gether with existing personnel working on the Bakers£ield, California, July 26, 1978 - Page l0 221 program and the Community Development-Housing Advisory staff (see attachment #2), will pro- vide the City with better control and direction and adequate staffing to effectively carry out the program. This will also assist the City in meeting certain HUD conditions. We are not necessarily in agreement with the conditions and timetables requested by HUD, in fact we find some quite difficult. However, we are hopeful through discussions a reasonable solution can be achieved which will both be satisfactory to the best interests of the City and to HUD. Therefore, I would recommend the City Council accept the grant offer. The Council will be kept informed as to the resolution of these conditions. Upon a motion by Councilman Christensen, report from the City Manager regarding Acceptance of 1978-79 Community Block Grant, was approved and grant offer from the Department of Housing and Urban Development in the amount of $1,274,000, was accepted. Councilman Rogers voted in the negative on this motion and Council- man Medders abstained from voting on the matter. City Attorney Hoagland outlined the limitations of SB-154, specifically, State surplus funds that would not be returned to Cities who grant cost of living increases in excess of amount granted to State employees and declare null and void contracts with various labor organizations that extend over two years. Mr. Hoagland stated City Attorneys from various Cities that were in the same financial condition as the City of Bakersfield, fiscally responsible regardless of Proposition 13 and were able to granted modest raises, are meeting to discuss litigation because of the unfairness of SB-154. Mr. Hoagland requested authorization to join the litigation to see if those funds could be made available to the City o£ Bakers-- field. Mr. Hoagland also stated that there will be no litigation or participation until he returns to the Council with recommendations and cost figures, if they are obtainable. Upon a motion by Councilman Ratty, the City Attorney was authorized to participate with other Cities, in the State of Cali- fornia, in the preliminary action on proposed litigation in regards to SB-154. Bakersfield, California, July 26, 1978 - Page The (a) (b) (c) (d) (e) (f) (g) (h) (i) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 5912 to 6050 and 1 to 427, inclusive, in the amount of $308,044.57. Claim for Damages from Marine Office of America Corporation, 3345 Wilshire Blvd., Los Angeles, on behalf of Ellars, Inc. and the Pacific Insurance Company. (Refer to City Attorney) Street Right-of-Way Deed from Tenneco Realty Development Corporation for returns at West Columbus and "Q" Streets, West Columbus and Sam Dimas Streets, and San Dimas and 40th Streets, as required for Parcel Map No. 4807. Notice of Completion and Acceptance of Work on Street and Sewer Improvements in Tract No. 3838 (A) - Contract No. 76-136 with Mobilhome:Corporation. Notice of Completion and Acceptance of Work for paving Grissom Park Service Drives and Parking Lot - Contract No. 78-87 with Griffith Company. Application for Encroachment Permit from Karl Stahl, P.O. Box 483, Bakersfield, for construction of 6 foot high maximum concrete wall along College Avenue in Tract No. 3859, subject to flare outs at intersections to provide adequate sight distances as shown on Encroachment Permit. Application for Encroachment Permit from Coleman T. Proctor, P.O. Box 9812, Bakers- field, for construction of 4 foot chain link fence adjacent to sidewalk at 3712 Grissom Street, and 6 foot wood fences adjacent to sidewalk on side yards along north side of Hartford from Grissiom Street to Stine Road. Plans and Specifications for construction of Traffic Signal Systems along California Avenue at Chester Lane and Easton Drive. Resolution No. 78-78 of intention to in- clude within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as Annexation No. 258 (Manor No. 2) and setting Wednesday, September 6, 1978, in the Council Chambers of City Hall as the time and place for hearing objections to the inclusion of said territory within said District. Bakersfield, California, July 26, 1978 - Page 12 (J) Resolution No. 79-78 o£ the Council of the City of Bakersfield fixing Wednesday, September 6, 1978 in the Council Chambers of City Hall as the time and place for hearing protests by persons owning real property within territory designated as Annexation No. 258 (Manor No. 2) proposed to be annexed to the City of Bakersfield. Upon (d), (e), (f), adopted by the a motion by Councilman Ratty, Items (a), (b), (c), (g), (h), (i) and (j) of the Consent Calendar, were following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Sceales Councilman Strong requested that the City Attorney submit a report to the Council prior to the next Council Meeting on the results of the meeting with the other City Attorneys in regards to the proposed litigation on SB-154. ACTION ON BIDS Upon a motion by Councilman Medders, low bid of Valley Pipe and Supply for Burys, was accepted and the other bid rejected. Upon a motion by Councilman Strong, low bid of Granite Construction Company for pavement construction on portions of South Brown Street and South Williams Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Dean Clark and Son Electrical Contractors for Quailwood Park Security Lighting, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2419 New Series of the Council of the City of Bakersfield adding Section 16.24.124 (b) (13) to Chapter 16.24 of the Municipal Code providing for Fire Hydrants in Subdivisions. Upon a motion by Councilman Medders, Ordinance No. 2419 New Series of the Council of the City of Bakersfield adding Section 224 Bakersfield, California, July 26, 1978 - Page 13 16.24.124 (b) (13) to Chapter 16.24 of the Municipal Code providing for Fire Hydrants in Subdivisions, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Sceales Adoption of Ordinance No. 2420 New Series of the Council of the City of Bakersfield adding Section 3.18.110 (c) (1) and Section 3.18.110 (e) to the Municipal Code respecting Leadmen and Shift Differentials. Upon a motion by Councilman Ratty, Ordinance No. 2420 New Series of the Council of the City of Bakersfield adding Section 3.18.110 (c) (1) and Section 3.18.110 (e) to the Municipal Code respecting Leadmen and Shift Differentials, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Noes None Absent: Councilman Sceales Adoption of Ordinance No. 2421 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 north side of Panama Lane east of State Highway Route 99. The application for this amendment was made by Hal Doran and would change subject property from a C-2-D (Commercial - Archi- tectural Design) Zone to a TT (Travel Trailer Park) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2421 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 north side of Panama Lane east of State Highway Route 99, Bakersfield, California, July 26, 1978 - Page 225 finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: Councilmen Strong, Barton, Medders, Ratty, Rogers None Absent: Councilman Christensen, Sceales Adoption of Ordinance No. 2422 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 northwest corner of Panorama Drive and Fairfax Road Intersection. The application for this amendment was made by R. A. Wadsworth Builder, Inc., and would change subject property from an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church) Zone. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2422 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 northwest corner of Panorama Drive and Fairfax Road Inter- section, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Sceales Adoption of Ordinance No. 2423 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakers- field, regarding property known as Municipal Farm No. 3 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located between Panama Lane and one mile south of Bear Mountain Boulevard and approximately one mile east of Cottonwood Road (southerly of existing City Sewer Plant No. 2) to an "A" (Agricultural) Zone. Bakersfield, California, July 26, 1978 - Page 15 Upon a motion by Councilman Medders, Negative Declaration and Ordinance No. 2423 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 o£ Bakersfield, regarding property known as Municipal Farm No. 3 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Sceales Adoption of Ordinance No. 2424 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakers- field, regarding property known as Municipal Farm No. 4 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located one mile south of Brundage Lane, west of Fairfax Road (easterly of existing City Sewer Plant No. 2) to an "A" (Agricultural) Zone. Upon a motion by Councilman Medders, Negative Declaration and Ordinance No. 2424 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter l?.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Municipal Farm No. 4 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Ayes: Noes: Absent: None Councilman Sceales NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100 of the Municipal Code relative to Special Elections. Bakersfield, California, July 26, 1978 - Page 16 227 This ordinance conforms the "Special Elections" Ordinance to the City Charter and changes in the State law. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100 of the Municipal Code relative to Special Elections. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 12.40.010 (b) of Chapter 12.40 (Curbs, Gutters, Side- walks and Driveway Approaches) of the Municipal Code of the City of Bakersfield. The present ordinance provides for a waiver of sidewalks in M-2 (General Manufacturing) zones with the approval of the Director of Public Works. This amendment provides for a waiver of sidewalks in M-1 (Light Manufacturing) zones and in M-2 (General Manufacturing) zones with the approval of the Director of Public Works. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 12.40.010 (b) of Chapter 12.40 (Curbs, Gutters, Sidewalks and Driveway Approaches) 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- field commonly known as 2608 Oswell Street. The application for this zone change was made by Frank J. Maitia, Jr. and would change subject property from a C-O-D (Commercial and Professional Office - Architectural Design) Zone to a C-1-D (Limited Commercial - Architectural Design) or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2608 Oswell Street. Bakersfield, California, July 26, 1978 - Page 17 First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 801 South Owens Street and l101 Potomac Avenue. This application for amendment was made by Reverend Virgil Loftis and would change subject properties from an R-2 (Limited Multiple Family Dwelling) Zone to an R-2-CH (Limited Multiple Family Dwelling - Church) and an R-2-P (Limited Multiple Family Dwelling - Automobile Parking) 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 commonly known as 801 South Owens Street and l101 Potomac Avenue. 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 Morning Drive and College Avenue Extensions. The application for this amendment was made by Karl T. Stahl and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design), R-S (Residential Suburban), 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 Morning Drive and College Avenue Extensions. Bakersfield, California, July 26, 1978 - Page 18 229 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 Annexa- tion No. 259 (Bernard No. 4). This ordinance would zone upon annexation those certain properties in the County of Kern located between Bernard Street and Pico Street, on both sides o£ Oswell Street to an R-1 (One Family Dwelling), C-O-D (Commercial and Professional Office - Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design), C-1-D (Limited Commercial - Architectrual Design), and PUD (Planned Unit Development) Zones. First reading was considered given an Ordinance of the of the City of Bakersfield amending Section 17.12.020 of 17.12 (Zoning Map) of the Municipal Code of the City of 259 Council Chapter Bakersfield, regarding property known as Annexation No. (Bernard No. 4). Approval of Downtown Improvement District Budget for Fiscal Year 1978-79. The proposed budget for Fiscal Year 1978-79 is in the amount of $52,000. No significant change in the budget from last year. Upon a motion by Councilman Ratty, Downtown Improvement District Budget for Fiscal Year 1978-79, was approved. HEARINGS This is the time set for hearing before the Council on an Appeal by Bakersfield Neon Sign Company regarding the Planning Commission's denial on a request for a revolving sign for California Republic Bank at 3990 Ming Avenue. Mayor Hart declared the hearing open for public partici- pation. Mr. A. E. Stuart, Bakersfield Neon Sign Company, stated the request for the revolving sign conforms to the present City Sign Ordinance and both times it was submitted to the Planning 230 Bakersfield, California, July 26, 1978 - Page 19 Commission it ended in a tie vote, and they are requesting that the Council approve the application. Planning Director Sceales stated that the only debate on the sign during the Planning Commission meeting was whether or not it should rotate, there was no opposition to the sign itself. Councilman Ratty stated that he could not support the rotation of the sign because it was the consensus of the Sign Ordinance Committee during discussions that it should not be allowed. After discussion, upon a motion by Councilman Christensen, request of Bakersfield Neon Sign Company to install a revolving sign for the California Republic Bank at 3990 Ming Avenue, was approved by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers Noes: Councilman Ratty 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 "Bernard No. 4," proposed to be annexed to the City of Bakersfield. (This annexation was commenced under the old annexation law). 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 16.25 + acres of land lying east and west of Oswell Street between Pico Avenue and Bernard Street. Mayor Hart declared the hearing opener public partici- pation. portion action. No protests or objections being received, the public of the hearing was closed for Council deliberation and of the Council of Upon a motion by Councilman Rogers, Resolution No. 80-78 the City of Bakersfield declaring that a majority Bakersfield, California, July 26, 1978 - Page 20 931 protest has not been made to the annexation of "Bernard No. 4," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Rogers None Councilman Sceales Christensen, Upon a motion by Councilman Rogers, Medders, Ratty, Ordinance No. 2425 New Series approving annexation of a parcel of uninhabiied territory to the City of Bakersfield, California, designated as "Bernard No. 4," 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 Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None pation. portion action. Absent:Councilman Sceales This is the time set for public hearing before the Council on Resolution of Intention No. 934 of the Council of the City of Bakersfield declaring its intention to order the vacation of Public Utilities Easements in Lots 18-20 in Orange Villa Tract located north of Bernard Street and west of Mount Vernon Avenue, in the City of Bakersfield This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public of the hearing was closed for Council deliberation and Upon a motion by Councilman Christensen, Resolution No. 81-78 of the Council of the City of Bakersfield ordering the vacation of Public Utilities Easements in Lots 18-20 in Orange Villa Tract located north of Bernard Street and west of Mount 23'2 Bakersfield, California, July 26, 1978 - Page 21 Vernon Avenue, following roll Ayes Noes Absent: in the City of Bakersfield, was adopted by the Council, call vote: Councilmen Strong, Rogers Barton, Christensen, Medders, Ratty, None Councilman Sceales ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was adjourned at 9:55 P.M. IAYO o th~sfield, MAY ~/~ Calif. ATTEST: ma Bakersfield, California, August 9, 1978 233 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., August 9, 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, Absent: Councilman Ratty Minutes of the approved as presented. Medders, Rogers (seated at 8:04 P.M.), Sceales, Strong (seated at 8:05 P.M.) Ho regular meeting of July 26, 1978 were of Kern County, was received and ordered REPORTS City Manager Bergen summarized a report from Police Chief Price, dated August 4, 1978, regarding Status of Alarm Ordinance, recommending that action on the ordinance be deferred for a period of six months to allow the staff, as well as Alarm Operators, time to evaluate the best method of obtaining an acceptable false alarm rate. City Attorney Hoagland submitted a report to the Council, dated August l, 1978, regarding Meeting with City Attorneys on for the valley portion placed on file. May 1, 1978, requesting a hearing on a decision of the Planning Commission regarding signs for an existing apartment complex located at 2601 South Real Road, was received and Wednesday, August 23, 1978 was the date set for hearing of the appeal. Upon a motion by Councilman Sceales, communication from Kern County Council of Governments, dated July 26, 1978, regarding orientation session for report on the Air Quality Maintenance Plan CORRESPONDENCE Upon a motion by Councilman Medders, communication from Craddock, Property Supervisor of Sesame Tree Apartments, dated 234 Bakersfield, California, August 9, 1978 - Page 2 Possible Litigation on SB 154, as follows: On Friday, July 28, 1978 a meeting was held in Long Beach with City Attorneys of Costa Mesa, Fullerton, Orange, Torrance, Rialto, Alhambra, Garden Grove and Bakersfield. All of the City Attorneys expressed the fact that their City Council were incensed with the action of the State relative to distribution of surplus funds to local agencies. The various Councils without exception viewed SB 154 as an intrusion into strictly a municipal affair and were also disturbed over the fact that the State, as a condition of obtaining one-time surplus funds, ordered the abrogation of existing contracts. Each city wishes to bring an action against the State on SB 154. The group decided that the action should be a joint action. The suit should be filed directly with the Supreme Court of the State rather than at the Superior Court level in order to save time on any decision. Since this would be a joint effort, the costs would be minimal. Each entity will furnish information necessary for the complaint, such as existing contracts, etc. The City Attorney of Garden Grove would coordinate the activity. Each attorney will supply what legal input he thinks is of value and from this a brief will be prepared. The costs of the brief will be shared. There would, of necessity, be further meetings of the participating cities, but no funds will be expended for outside attorneys. Altogether, the cost for the City of Bakersfield should be less than $1,000, exclusive of the City Attorney's time. Since the stakes are so high, the expenditure seems very reasonable; and in fact, is considerably lower than if the City went it alone. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 6051 to 6088 and 428 to 525, inclusive, in the amount of $791,133.00. (b) Claim for Damages from Jewel Blalock, Box 193, Mountain View, Oklahoma. (Refer to City Attorney) (c) Temporary Flowage Easement from Valley View Development as required for Tract No. 3795 "A". (d) Street Right-of-Way Deed from Valley View Development for portions of Vyn Drive, De Parsia Avenue and McCurdy Drive as required for Tract No. 3795 "A". Bakersfield, California, August 9, 1978 - Page 3 9,35 (e) Planter Easement from Tenneco Realty Development Corporation for landscaping along Gosford Road. (f) Map of Tract No. 3853 "A" and Improvement Agreement for construction of improvements therein - located north o£ Panorama Drive and east of Columbus Street. (g) Map o£ Tract No. 3853 "B" and Improvement Agreement for construction of improvements therein - located at Panorama Drive and Christmas Tree Lane. (h) Map of Tract No. 3946 and Improvement Agreement for construction of improve- ments therein - located north o£ Panama Lane and east of Stine Road. (i) Map of Tract No. 4079 and Improvement Agreement for construction of improve- ments therein - located south of Auburn Street, south of Highland High School. (J) Notice o£ Completion and Acceptance of Work for Street Improvements under Parcel Map No. 4381 with Clarke Investment Co., Inc. (k) Notice of Completion and Acceptance o£ Work for pavement construction on portions of South Brown Street and South WiIliams Street - Contract No. 78-92 with Granite Construction Company. (1) Application for Encroachment Permit from Lorenzo Espinoza, 250101mo Court, for construction of 4-foot high brick pillar and wrought iron fence at back of side- walk along southwest corner of Olmo Court and Cardiff Avenue. (m) Request from Robert L. Clement, A.I.A., for abandonment o£ Public Utilities Easement on northeast corner of Marsha Street and South Montclair Street. (Re£er to Planning Commission for study and recommendation) (n) Request of Ronald Barger, Fire Captain, for 90-Day Leave of Absence Without Pay beginning August 10, 1978 and ending November 7, 1978, or until such time as the case is settled with the Fire Depart- ment Retirement Board. Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the Consent Calendar, were adopted by the £ollowing roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty 236 Bakersfield, California, August 9, 1978 - Page 4 ACTION ON BIDS Upon a motion by Councilman Rogers, low bid of Griffith Company for construction of Fairfax Road from State Highway 178 to Auburn Street and pavement widening on State Highway 178, was accepted, the other bid rejected, authorization was granted to use funds for Panorama Drive project, and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2426 New Series of the Council of the City of Bakersfield deleting Chapter 1.50 (Division of Municipal Transit) and adding Chapter 1.50, Department of Fire and Development Services, to the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Medders, Ordinance No. 2426 New Series of the Council of the City of Bakersfield deleting Chapter 1.50 (Division of Municipal Transit) and adding Chapter 1.50, Department of Fire and Development Services, to the Municipal Code of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty Deferral of an Ordinance of the Council of the City of Bakersfield amending Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100 of the Municipal Code relative to Special Elections. After discussion, upon a motion by Councilman Strong, Ordinance of the Council of the City of Bakersfield amending Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100 o£ the Municipal Code relative to Special Elections, was deferred until the Council Meeting of August 23, 1978 and the Assistant City Clerk was requested to submit a memorandum to the Council explaining the amendments, including copies of pertinent State laws and Charter Sections. Bakersfield, California, August 9, 1978 - Page 5 237 Adoption of Ordinance No. 2427 New Series of the Council of the City of Bakersfield amending Section 12~40.010 (b) of Chapter 12.40 (Curbs, Gutters, Sidewalks and Driveway Approaches) of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Strong, Ordinance No. 2427 New Series of the Council of the City of Bakersfield amending Section 12.40.010 (b) of Chapter 12.40 (Curbs, Gutters~ Sidewalks and Driveway Approaches) of the Municipal Code of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2428 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 2608 Oswell Street. The application for this amendment was made by Frank J. Maitia, Jr. and would change subject property from a C-O-D (Commercial and Professional Office - Architectural Design) Zone to a C-1-D (Limited Commercial - Architectural Design) Zone. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2428 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 2608 Oswell Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty 238 Bakersfield, California, August 9, 1978 - Page 6 Adoption of Ordinance No. 2429 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield commonly known as 801 South Owens Street and 1101 Potomac Avenue. The application for this amendment was made by Reverend Virgil Loftis and would change subject properties from an R-2 (Limited Multiple Family Dwelling) Zone to an R-2-CH (Limited Multiple Family Dwelling - Church) and R-2-P (Limited Multiple Family Dwelling - Automobile Parking) Zones. Upon a motion by Councilman Strong, Negative Declaration and Ordinance No. 2429 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City o~ Bakersfield commonly known as 801 South Owens Street and l101 Potomac Avenue, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Ordinance No. 2430 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 Morning Drive and College Avenue Extensions. The application for this amendment was made by Karl T. Stahl and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design), R-S (Residential - Suburban), and C-2-D (Commercial - Architectural Design) Zones. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2430 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Bakersfield, California, August 9, 1978 - Page 239 Zoning of those certain properties in the City of Bakersfield located on the northwest corner of Morning Drive and College Avenue Extensions, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes None Absent: Councilman Ratty Adoption of Ordinance No. 2431 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakers- field, regarding property known as Annexation No. 259 (Bernard No. 4). This ordinance zones upon annexation those certain properties in the County of Kern located between Bernard Street and Pico Street, on both sides of Oswell Street to an R-1 (One Family Dwelling), C-O-D (Commercial and Professional Office Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design), C-1-D (Limited Commercial - Architectural Design), and PUD (Planned Unit Development) Zones. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2431 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 Annexation No. 259 (Bernard No. 4), finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen o£ the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 705 South Haley Street. 240 Bakersfield, California, August 9, 1978 - Page 8 The application for this amendment was made by Johnny W. Brown and would change subject property from an R-2 (Limited Multiple Family Dwelling) Zone to an R-2-P (Limited Multiple Family Dwelling - Automobile Parking), 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 705 South Haley Street. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of Stine Road and Panama Lane Intersection. The application for this amendment was made by Jay Alvin Wheelan and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) and an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zones to (Commercial - Architectural Design), or more restrictive a C-2-D Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of Stine Road and Panama Lane Intersection. 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 Stockdale No. 10 Annexation. This ordinance would zone upon annexation those certain properties in the County of Kern located south of Stockdale High- way, north of the Southern Pacific Railroad-Buttonwillow Branch Line, generally westerly of the existing City boundary extending to Buena Vista Road to an "A" (Agricultural) and R-2-D (Limited 241 Bakersfield, California, August 9, 1978 - Page 9 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 Stockdale No. l0 Annexation. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Auburn Street, starting approxi- mately 600 feet west of Fairfax Road and extending one-half mile east. The application for this amendment was made by R. A. Wadsworth Builder, Inc. and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design), and C-1-D (Limited 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 north side of Auburn Street, starting approximately 600 feet west of Fairfax Road and extending one-half mile east. Adoption of Resolution No. 82-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for detachment of territory from the Arvin Public Cemetery District, identified as a portion of Annexation No. 248 (Municipal Farm No. 3). This resolution initiates proceedings for the detachment of territory within the Arvin Public Cemetery District, which has been annexed to the City in connection with the Municipal Farm No. 3 Annexation. 242 Bakersfield, California, August 9, 1978 - Page l0 Upon a motion by Councilman Rogers, Resolution No. 82-78 of Application of the Council of the City of Bakersfield proposing proceedings for detachment of territory from the Arvin Public Cemetery District, identified as a portion of Annexation No. 248 (Municipal ~arm No. 3), was adopted by the following roll call vote: Ayes Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes None Absent: Councilman Ratty Adoption of Resolution No. 83-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for detachment of territory from the Kern Delta Water District, identified as a portion of Annexation No. 248 (Municipal Farm No. 3). This resolution initiates proceedings for the detachment the Kern Delta Water District, which has been in connection with the Municipal Farm No. 3 of territory within annexed to the City Annexation. Upon a motion by Councilman Rogers, of Application of the Council of the City of Resolution No. 83-78 Bakersfield proposing proceedings for detachment of territory from the Kern Delta Water District, identified as a portion of Annexation No. 248 (Municipal Farm No. Ayes Noes Absent: 3), was adopted by the following roll call vote: Councilmen Barton, Christensen, Medders, Rogers, Strong None Councilman Ratty Adoption of Resolution No. 84-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for detachment of territory from the Bear Mountain Recreation and Park District, identified as a portion of Annexation No. 248 (Municipal Farm No. 3). Seeales, which has been annexed to the City in connection with the Municipal Farm No. 3 Annexation. of territory within the Bear Mountain Recreation and Park District, This resolution initiates proceedings for the detachment Bakersfield, California, August 9, 1978 - Page ll 243 Upon a motion by Councilman Rogers, Resolution No. 84-78 of Application of the Council of the City of Bakersfield proposing proceedings for detachment of territory from the Bear Mountain Recreation and Park District, identified as a portion of Annexation No. 248 (Municipal Farm No. 3), was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Resolution No. 85-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Annexation No. 273 (Union Avenue No. 9). The proposed inhabited annexation consists of 183.7 acres of land located adjacent to both sides of Union Avenue between Chester Avenue and Pacheco Road. The Planning Commission approved boundaries August 2, 1978. Upon a motion by Councilman Barton, Resolution No. 85-78 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 273 (Union Avenue No. 9), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Resolution No. 86-78 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Annexation No. 274 (Rancheria No. 1). The proposed uninhabited annexation consists of 169.7 acres of land located north of the Kern River on the west side of 244 Bakersfield, California, August 9, 1978 - Page 12 Rancheria Road. The Planning Commission approved the boundaries August 2, 1978. Upon a motion by Councilman Rogers, Resolution No. 86-78 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 274 (Rancheria No. 1), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong Noes: Councilman Barton Absent: Councilman Ratty Abstaining: Councilman Christensen Adoption of Resolution No. 87-78 of the Council of the City of Bakers- field approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Saunders, Beale, Jefferson, California Avenue, Grissom and Lowell Parks. This resolution is necessary in order to apply for these State Grant funds. The projects were approved by the Council in the Capital Improvement Program for 1978-79. Upon a motion by Councilman Medders, Resolution No. 87-78 of the Council of the City of Bakersfield approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Saunders, Beale, Jefferson, California Avenue, Grissom and Lowell Parks, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty Adoption of Resolution No. 88-78 of Intention to approve an amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Bakersfield. Bakersfield, California, August 9, 1978 - Page 13 245 This is the first step in contract to provide for the cost of who retired prior to January, 1974. by the Council. the proceeding to amend the living increase to retirees This was approved and ordered Upon a motion by Councilman Medders, Resolution No. 88-78 of Intention to approve an amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Rogers, Sceales, Strong Noes: None Absent: Councilman Ratty Approval of Water Enterprise Budgets, Agricultural and Domestic, for Fiscal Year 1978-79. The preparation and adoption of a comprehensive budget is essential for good financial management, however, it should be recognized that the same degree of rigid budgetary control cannot be expected to be exercised in an enterprise operation. An enter- prise is a self-supporting operation of a commercial nature. Its revenues and expenses will vary with the level of service, and in this case with the supply of water available, and if rigidly controlled may delay necessary expansion or emergency repairs or impede satisfactory performance. As a result, it may become necessary during the fiscal year for the Water Board to take actions which may alter these estimates. The Water Board has reviewed the alternate financial plans for a dry year, normal year and wet year and based on current long-range forecasts recommends the approval of the plan for a normal year. Upon a motion by Councilman Rogers, Water Enterprise Budgets, Agricultural and Domestic, for a normal year, for Fiscal Year 1978-79, were approved. 246 Bakersfield, California, August 9, 1978 - Page 14 Approval of retaining Elmer Fox, Westheimer & Co. to audit 1977-78 Community Development Block Grant Funds. The regulations for Community Development Block Grant Funds require an audit be performed. The City's outside auditors, Elmer Fox, Westheimer & Co., have indicated they will perform this audit for a fee of $1,250. Payment for the audit will be made from Community Development Block Grant Funds. Upon a motion by Councilman Sceales, retention of Elmer Fox, Westheimer & Co., for audit of 1977-78 Community Development Block Grant Funds, was approved. Authorization granted to Purchasing Division of the Finance Department to enter into Discount Agreements with 17 local vendors for miscella- neous supplies. 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 auto parts 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 17 local vendors for miscella- neous supplies. HEARINGS This is the time set for public hearing before the Council on an Appeal by Lawton Powers to the decSsion of the Board of Zoning Adjustment regarding his application for a Condi- tional Use Permit in a C-2 (Commercial) and 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 northeast of Wible Road and White Lane. This hearing has been duly advertised and the property owners have been notified as required by law. Bakersfield, California, August 9, 1978 - Page 15 247 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. 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. Steve Eyherabide, Attorney representing thirteen investors in a 1.5 million dollar apartment complex directly across the street from the proposed amusement park, stated that they oppose this facility due to the noise factor, and he also referred to a letter from the Kern County Health Department, dated August 1, 1978, recommending that it be denied because of the noise factor. Mr. Dennis Ryan, investor in a development being con- structed within 400 feet of the proposed amusement park, opposed the project because of the noise factor. Mr. Lucian Amos, owner of three residential properties in the area, opposed the project because of the noise factor and the possibility of traffic increasing in the general area. Mr. Rick Dent, representing Malibu Grand Prix a subsidiary of Warner Cable Television, presented pictures of a Scaled Down Formula 1 Car and their operations in other cities. Mayor Hart stated that due to a definite conflict of interest he would not participate in this matter and yielded the chair to Vice-Mayor Medders. Mr. Dent then went on to explain their operation in detail and stated that they meet all the Federal EPA requirements for emissions and noise, and have received from every City in California, in which they have an amusement park, a Negative Declaration stating that these facilities have no major impact on the environment with respect to noise or traffic. Bakersfield, California, August 9, 1978 - Page 16 Councilman Strong suggested that Mr. Dent demonstrate one of the cars to the Council and people who are objecting and then come back to the Council for a decision. Mr. Dent stated that the cars must be driven on a special track and offered to arrange for Council members and property owners surrounding the proposed facility to attend a demonstration at one of their facilities. Mr. Lawton Powers, applicant for the Conditional Use Permit, briefly outlined the proposed facility, pointed out the type of development on surrounding properties and stated that the people he talked to were generally concerned with the noise level. He requested that the Council grant the permit so the property can be developed. Mr. Powers also stated that he would be happy to take a representative of the Council and property owners through their plant and one of the tracks to observe it in operation. Councilman Rogers suggested that Mr. Powers or Mr. Dent make a sound movie of one of their facilities and show it to the Council and property owners at a future Council Meeting. Councilman Strong stated, for the record, he does not object to the project, but he would hesitate to vote on it to- night because most of the people who spoke in opposition do not know enough about it, at this time, to justify their opposition. It might be appropriate to defer this matter in order to give the opposition a chance to become familiar with the project. Colleen Ryan, investor in duplexes across the street, spoke in opposition to the project and requested time to notify their investors so they could verbalize their opposition as well as attend a demonstration of the facility. Mr. Victor Luey, representing his parents who own the property next to the proposed project, stated that they are not for or against the project and questioned the safety factor of the cars. Bakersfield, California, August 9, 1978 - Page 17 249 No further protests or objections being received and no one else wishing to speak in favor, Vice-Mayor Medders closed the public portion of the hearing for Council deliberation and action. After discussion, upon a motion by Councilman Rogers, public hearing before the Council on an Appeal by Lawton Powers to the decision of the Board of Zoning Adjustment regarding his appli- cation for a Conditional Use Permit in a C-2 (Commercial) and 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 northeast of Wible Road and White Lane Intersection, was continued until the Council Meeting of September 20, 1978 in order to allow both sides time to resolve some of the issues brought up tonight. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Rogers, the meeting was adjourned at 9:30 P.M. AYO~~the C:'~ ~ ' M e 1 y o Bakersfield, Calif. ATTEST: CITY CL and Clerk of the Council o£ the City of Bakersfield, California ma 250 Bakers£ield, California, August 23, 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., August 23, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. Larry Flood member of the High Council of the Church of Jesus Christ Day Saints. of Latter-. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Absent: Councilman Strong Minutes of the regular meeting of August 9, 1978 were approved as presented. COUNCIL STATEMENTS Councilman Rogers announced, for the benefit of people in the audience, that the item under New Business denying appli- cation of John Giumarra, Jr. for a zone change is not an appeal and the developer plans to submit an application for a Planned Unit Development at a later date. Upon a motion by Councilman Ratty, petition signed by approximately 125 people requesting the installation of a tra£fic signal at the intersection of 21st Street and Oak Street, was received and referred to the Traffic Engineer for study and recommendation. City Manager Bergen stated that a letter has been received from the League of California Cities requesting the City Council to appoint a voting representative and alternate for the Annual Conference, and this will be placed on the agenda for the next Council Meeting. REPORTS Mr. Robert Coop, Robert Coop Associates, highlighted the Overview Study of the Police Department and presented copies to the Council to study and make a determination whether a more Bakersfield, California, August 23, 1978 - Page 2 251 indepth study is warranted. Mr. Coop answered questioned o£ the Council and stated that the following areas offer potential for improvement of the effectiveness of the Police Department: 1. Training. 2. Department Organization and Deployment. 3. Personnel Administration. 4. Public Image and Community Relations. 5. Measurement of Department Effectiveness. Mr. Coop recommended an indepth study of the five areas either by an agency or individual outside the City government or by a task force from within the City administration with manpower and financing to permit concentrated study, although an outside study can focus more objectively and more quickly on the issues. City Attorney Hoagland stated the City of Bakersfield has joined with the cities of Garden Grove and Torrance in a law- suit on SB 154 that has been filed in the Supreme Court. As the Council will recall the City is not eligible for any of the State surplus money that is being distributed due to the fact that a pay increase was granted to employees and existing contracts were not declared null and void. Mr. Hoagland stated, following the lead of other cities, that he would request authorization to make a demand on the State Controller for the City of Bakersfield's pro- portionate share of the surplus funds. Upon a motion by Councilman Medders, City Attorney Hoagland was granted authorization to make a demand on the State Controller for the City of Bakersfield's proportionate share of the State surplus funds that are being distributed to other cities in California under the provisions of SB 154, by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong 252 Bakersfield, California, August 23, 1978 - Page 3 The (a) CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 526 to 871, inclusive, in the amount of $2,766,012.63. (b) Claim for Damages from Richard R. Bottorff, 42872 - 48th Street, Quartz Hills, Cali- fornia. (Refer to City Attorney) (c) (d) (e) (f) (g) (h) (i) (J) (k) (1) Flowage and Access Easement from Regional Mortgage Company as required for Tract No. 3946. Planter Easement from Tenneco Realty Development Corporation providing for planter easements along Gosford Road north of Ming Avenue in Tract No. 4011. Improvement Agreement from Casa Linda, Inc. for an off-site water main in Stine Road to serve Tract No. 3827 southeast of Stine and Harris Roads. Map of Tract No. 3916 and Improvement Agreement for construction of improve- ments therein - located northeast of Auburn Street and Fairfax Road. Map of Tract No. 3933 "A" and "B" and Improvement Agreement for construction of improvements therein - located north of Highland High School. Notice of Completion and Acceptance of Work for street improvements under Tract No. 3800 - Contract No. 77-108 with Challenge Builders, Inc. Application for Encroachment Permit from Jack W. Coy, 1915 "F" Street, Bakersfield, for installation of a barber pole, the botton of which is 7'6" above sidewalk, extending approximately 10" into right- of-way at 1915 "F" Street. Plans and Specifications for pavement improvements on Ming Avenue and Gosford Road. Request from Watson Company for abandon- ment of a portion of Lake Ming Road south of Alfred Harrell Highway. (Refer to Planning Commission for study and recom- mendation) Request from Eddy, Paynter, Renfro and Associates, on behalf of Oakwood Manor, Inc., Los Alamitos, California, for Amendment to the General Plan for pro- posed 16-acre shopping center at the southeast corner of Planz and Stine Roads. (Refer to Planning Commission for study and recommendation) Bakersfield, California, August 23, 1978 - Page 4 253 (m) Resolution of Intention No. 935 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a Public Utilities Ease- ment located north of Marsha Street and west of South Montclair, in the City of Bakersfield, and setting Wednesday, September 20, 1978 for hearing on the matter before the Council. (n) 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, and setting Wednes- day, September 20, 1978 for hearing on the matter before the Council. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong ACTION ON BIDS Upon a motion by Councilman Sceales, bid of Granite Construction Company on Base Bid and Alternate 1 for construction of Storm Drains in Chadbourne Street, Hughes Lane and White Lane, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid o£ Tejon Vangas for Annual Contract for Propane, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, bid of Jim Alfter for Annual Contract No. 11879 for Curbs, Gutters and Sidewalks, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, property consisting of 1.8 acres on City Sewer Farm located north of Bear Mountain Boulevard and two miles east of Cottonwood Road, was declared surplus, bid of Livio Pall~ in the amount of $2,700.00, was accepted and the Mayor was authorized to execute the Quit Claim Deed. 254 Bakersfield, Cali£ornia, August 23, 1978 - Page 5 Upon a motion by Councilman Ratty, low bid of Charles H. Miller on Base Bid and Alternates 1 and 2 for installation of improvements to the Corporation Yard Facility (fuel island, vehicle wash facility and additional equipment), was accepted, bid on Alternate 3 and all other bids were rejected, the Mayor was authorized to execute the contract, and authorization was granted for use of funds in the amount of $20,000.00 from the Northwest Bakersfield Drainage Plan. After discussion, upon a motion by Councilman Medders, low bid of Clow Corporation for Fire Hydrants and Accessories, was accepted, the other bid rejected and authorization was granted to purchase additional hydrants and accessories in the amount of $13,900.00. Mr. Burdell Dickinson, local subdivider, requested that subdividers be allowed to purchase hydrants directly from dealers, to City specifications, rather than through the City because he feels they can obtain them at a lower price. Fire and Development Services Director Needham stated the price set for hydrants, at this point in time, is more or less like a deposit. The amount paid is equivalent to approximately the highest combination of a hydrant, bury, bolts, gaskets, spool, etc., and it is installed. The developer is then reimbursed the amount that was above the actual cost. It is an assurance that supply the needed materials and exchange whatever the City will necessary. DEFERRED BUSINESS Adoption of Ordinance No. 2432 New Series of the Council of the City of Bakersfield amending Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100 of the Munici- pal Code relative to Special Elections. Upon a motion by Councilman Ratty, Ordinance No. 2432 New Series of the Council of the City of Bakersfield amending Bakersfield, California, August 23, 1978 - Page 6 255 Sections 4.10.020, 4.10.030, 4.10.080 (a), 4.10.090 and 4.10.100 of the Municipal Code relative to Special Elections, was adopted by the following roll call vote Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Ordinance No. 2433 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 705 South Haley Street. The application for this amendment was made by Johnny W. Brown and would change subject property from an R-2 (Limited Multiple Family Dwelling) Zone to an R-2-P (Limited Multiple Family Dwelling - Automobile Parking) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2433 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 705 South Haley Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Ordinance No. 2434 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 north side of Auburn Street, starting approximately 600 feet west of Fairfax Road and extending one- half mile east. The application for this amendment was made by R. A. Wadsworth Builder, Inc. and would change subject properties from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple 256 Bakersfield, California, August 23, 1978 - Page 7 Family Dwelling - Architectural Design), R-3-D (Limited Multiple Family Dwelling - Architectural Design) and C-1-D (Limited Com- mercial - Architectural Design) Zones. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2434 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 north side of Auburn Street, starting approximately 600 feet west of Fairfax Road and extending one-half mile east, finding said zonings consistent with the General Plan, were adopted by the following roll call Ayes: vote: Councilmen Christensen, Medders, Barton Noes: Absent: None Ratty, Rogers, Sceales, Councilman Strong Adoption of Ordinance No. 2435 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 northeast corner of Stine Road and Panama Lane Intersection. The application for this amendment was made by Jay Alvin Wheelan Multiple Family Dwelling - Architectural Design) Multiple Family Dwelling - Architectural Design) (Commercial - Architectural Design) Zone. and would change subject property from an R-2-D (Limited and R-3-D (Limited Zones to a C-2-D Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2435 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 northeast corner of Stine Road and Panama Lane Intersection, finding said zoning consistent with the General Plan, were adopted by the Ayes: Noes: Absent: following roll call vote: Councilmen Christensen, Medders, Barton None Councilman Strong Ratty, Rogers, Sceales, Bakersfield, California, August 23, 1978 - Page 8 257 Adoption of Ordinance No. 2436 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Stockdale No. 10 Annexation. This ordinance zones upon annexation those certain properties in the County of Kern located south of Stockdale Highway, north of the Southern Pacific Railroad-Buttonwillow Branch Line, generally westerly of the existing City boundary extending to Buena Vista Road to an "A" (Agricultural) and an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2436 New Series of the Council of the City of Bakersfield amending Section 17.12.020 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Stockdale No. 10 Annexation, finding said zonings consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong NEW BUSINESS First reading o£ an Ordinance of the Council of the City of Bakersfield amending Section 7.66.090 (d) of Chapter 7.66 (Towing of Vehicles) of the Municipal Code of the City of Bakersfield. The present Tow Truck Ordinance permits only those winches operated off the power train. This change would permit the use of, and provide minimum standards for, electrically driven winches. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 7.66.090 (d) of Chapter 7.66 (Towing of Vehicles) of the Municipal Code of the City of Bakersfield. 258 Bakersfield, California, August 23, 1978 - Page 9 First reading of an Ordinance of the Council o£ the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Con- struction, Sewer Use and Industrial Wastewater Discharges. This ordinance sets requirements for construction, use and wastewater discharge for sewers within the City of Bakersfield. It also provides the Council with the authority to establish Sewer Use Charges by resolution. The Sewer Use Ordinance and Sewer Use Charges are a condition of the Federal and State Clean Water Grant for expansion of Wastewater Treatment Plant No. 2. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Munici- pal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Construction, Sewer Use and Industrial Wastewater Discharges. 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 2619 Agate Street. The application for this amendment was made by Mrs. Lucille Mason and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2619 Agate Street. Adoption of Zoning Resolution No. 263 Denying Application of John Giumarra, Jr. to amend Title Seven- teen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of La Costa Drive and south of University Avenue. Bakersfield, California, August 23, 1978 - Page l0 259 The proposed amendment would change the zoning from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. The Planning Commission was of the opinion the R-2-D zoning of subject properties would not be compatible with the R-1 developed properties in the area, and accordingly, recommended denial. Upon a motion by Councilman Rogers, Zoning Resolution No. 263 Denying Application of John Giumarra, Jr. to amend Title Seven- teen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the east side of La Costa Drive and south of University Avenue, was adopted by the following roll call vote: Medders, Ratty, Rogers, Sceales, Councilmen Christensen, Barton Ayes: Noes: Absent: None Councilman Strong Adoption of Resolution No. 89-78 o£ Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield, identi- fied as Island Annexation No. 275 (Harris No. 3). This proposed "Island Annexation" consists of 62.6 acres of inhabited land and is located north and south of Harris Road midway between Stine Road and Wible Road. The Planning Commission approved the boundaries August 2, 1978. Upon a motion by Councilman Sceales, Resolution No. 89-78 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Island Annexation No. 275 (Harris No. 3), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Bakersfield, California, August 23, 1978 - Page 11 August 9, amendment Readoption of Resolution No. 88-78 of Intention to approve an amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Bakersfield. This resolution was adopted at the Council Meeting of 1978, however, it is required that the cost of this be published in the minutes as follows: Miscellaneous Rate increased to 13.057% from 12.825% (.232) increase to year 2000. Safety Rate increased to 18.211% from 17.817% (.394) increase to year 2000. Total annual cost is $40,000.00. Upon a motion by Councilman Medders, Resolution No. 88-78 of Intention to approve an amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Bakersfield, was readopted by the following roll call vote: Ayes: Councilmen Christensen, Barton Noes: Absent: Medders, Ratty, Rogers, Sceales, None Councilman Strong Adoption of Resolution No. 90-78 of the Council of the City of Bakers- field amending and redesignating a Downtown Redevelopment Survey Area to include additional area. This resolution is the first step required by Community Redevelopment Law to expand the redevelopment boundaries for the proposed redevelopment project. The resolution provides for the City Planning Commission to study the feasibility of expanding the existing redevelopment boundaries. The Planning Commission recom- mendations will then be forwarded to the Redevelopment Agency and back to the Council at a later date. Councilman Rogers asked the status of Mr. Boynton's and Mr. Brady's request to have their property removed from the Redevelopment area. Bakersfield, California, August 23, 1978 - Page 12 2',61 City Manager Bergen stated it is his understanding that Eugene Jacobs, Consulting Attorney, contacted the property owners who indicated a definite interest or concern about being removed from the area. The Redevelopment Agency has not had a meeting since the Council Meeting of July 26th and the Council request will be on their next agenda. Mr. Bergen stated he talked to Reverend Cottriel personally and he indicated that the urgency expressed to the Council at that meeting no longer exists because they have leased the property and he was not concerned about removal from the area. It was pointed out to Reverend Cottriel that if there was an urgency the staff would recommend special meetings or what- ever is necessary. Councilman Christensen stated he specifically remembers asking Mr. Jacobs how long it would take to get this divorce. Mr. Jacobs indicated it could be two weeks or ninety days depending on the route that was taken. There was two points; (1) removing the right of Eminent Domain, and (2) getting completely out of the Redevelopment territory. City Manager Bergen stated Councilman Christensen was correct. The two items were discussed and they are different. The statement was made by Mr. Jacobs that if there was an urgency about removing the threat of condemnation it could be done in about two weeks with a special agreement. Mr. Brady indicated he wanted completely out of the area. The two things would probably be treated differently by the Redevelopment Agency, or at least they would be as far as the City Manager's recommendations are concerned. The complete removal of property causes more problems and requires more time than the agreement to remove the threat of condemnation. Councilman Medders stated that it is his opinion that it would be up to the Redevelopment Agency as to who is going to get out. After discussion, upon a motion by Councilman Ratty, Resolution No. 90-78 of the Council of the City of Bakersfield 262 Bakersfield, California, August 23, 1978 - Page 13 amending and redesignating a Downtown Redevelopment Survey Area to include additional area, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Resolution No. 91-78 of the Council of the City of Bakers- field initiating proceedings for annexation and ordering the terri- tory designated as Proceeding No. 573, Annexation No. 243 (Stockdale No. 10) annexed to the City of Bakersfield and confirming the exercise of the City's option of not succeeding to Williamson Act Land Use Contract. This resolution orders the annexation of territory known as Stockdale No. 10 to the City of Bakersfield (100% consent). Upon a motion by Councilman Sceales, Resolution No. 91-78 of the Council of the City of Bakersfield initiating proceedings for annexation and ordering the territory designated as Proceeding No. 573, Annexation 243 (Stockdale No. 10) annexed to the City of Bakersfield and confirming the exercise of the City's option of not succeeding to Williamson Act Land Use Contract, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Resolution No. 92-78 ex- tending time within which to pay Cancellation Fee under Williamson Act--Costerisan Brothers. The Costerisan Brothers have requested an extension of time to pay the Cancellation Fee under the Williamson Act. This resolution would extend the time to and including December 15, 1978. Upon a motion by Councilman Ratty, Resolution No. 92-78 extending time within which to pay Cancellation Fee under Williamson Bakersfield, California, August 23, 1978 - Page 14 263 Act--Costerisan Brothers, was adopted by the following roll call Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce providing for the operation of a Convention Bureau. Upon a motion by Councilman Medders, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce providing for the operation of a Convention Bureau, was approved and the Mayor was authorized to execute same. Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce for the service of Advertising the City and promoting the Industrial Development of the City. Upon a motion by Councilman Ratty, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of Advertising the City and promoting the Industrial Development of the City, was approved and the Mayor was authorized to execute same. Approval of Agreement with Horace W. Clark for administration of School Crossing-Guard Program for the 1978- 79 School Year. This is the annual renewal of the contract for School Crossing Guards for the 1978-79 Fiscal Year. The contract this year is for $71,000.00. Amount budgeted was $68,715.00. The increase is due to an increase as of January l, 1978, in the Federal Minimum Wage from $2.65 to $2.90 per hour, which was un- anticipated at the time of our budget. Upon a motion by Councilman Medders, Agreement with Horace W. Clark for administration of School Crossing-Guard Program for the 1978-79 School Year, was approved, the Mayor was authorized vote: Ayes: 264 Bakersfield, California, August 23, 1978 - Page 15 to execute same and budget transfer in the amount of $2,285.00 from the Contingency Fund for the additional amount was approved. HEAR I NGS This is the time set for hearing before the Council on an Appeal by H. Craddock, Property Supervisor of Sesame Tree Apart- ments, regarding signs for an existing apartment complex in an R-3-D (Limited Multipl~ Family Dwelling - Architectural Design) Zone on that certain property commonly known as 2601 South Real Road. The Planning Commission approved one 4 x 8-foot wall "Identification Sign" and one pole "For Rent" sign, but denied three 4 x 3-foot 6 inch wall logo signs on the apartment complex. The logo signs are an abstract tree design with no message. The Planning Commission denied the logo signs as they were not within the standards set forth in the Sign Ordinance covering signs in an R-3 zone. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, the Planning Com- mission's denial of a request from H. Craddock, Property Supervisor of Sesame Tree Apartments, for three 4 x 3-foot 6 inch wall logo signs on the apartment complex located at 2601 South Real Road, was upheld. RECESS There being no further business to come before the Council, the meeting was recessed at 9:45 P.M.,~il Wednesday, August 30, 1978, at 12 Noon. ~~ / ~ ATTEST: ~ oC fI TrY e~C~iRiyao~ fd ~~~ei~d ,Cl~i~of r nt ihae Council ma Bakersfield, California, August 30, 1978 265 Minutes of a recessed meeting o£ the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:00 Noon, August 30, 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 Christensen, Medders, Ratty, Rogers, Sceales, Barton Absent: Councilman Strong REPORTS Upon a motion by Councilman Barton, Overview Study of the Police Department by Robert Coop Associates presented to the Council at the meeting of August 23, 1978, was received, ordered placed on file and referred to the Governmental Efficiency and Personnel Committee for report back to the Council. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 8-78 regarding 1978-79 Budget Adjustments, Reserves and Bond Tax Rate, as follows: Budget Adjustments In its report to the Council during budget hearings, this Committee indicated a request had been made by the private refuse contractors for a 20% rate increase. These collectors have not had an increase in two years and based on the information submitted, the Public Works Director feels an increase is justified. How- ever, a further evaluation is necessary to determine what percent is appropriate. This Committee would recommend funds in the amount of $75,000 be appropriated, but not expended, pending further evaluation and recommendation by Public Works and approval by the Council. In addition, the Council had also approved a false alarm charge and instituted a new policy of requiring developers to pay for fire hydrants. A report from the Police Chief was recently received by the Council in which the Chief indicated he would delay implementation of this charge for a period of six months and attempt to work out these problems under the City's current ordinance. As a result, there probably will not be any revenue ($50,000 estimated) derived from this source during the current fiscal year. 266 Bakersfield, California, August 30, 1978 - Page 2 Subsequent to the adoption of the change in policy relating to fire hydrants, it was deter- mined that legally the City could not charge developers for fire hydrants if their tentative tract maps had been approved by the Planning Commission prior to July 1, 1978. A review of these maps indicated that the City had committed 523 fire hydrants which exceeds the number budgeted for the fiscal year by 93. This amount in excess of budget resulted from the activity which occurred between the time of submission of budgets and budget hearings. In addition, it is now contemplated an additional 65 fire hydrants beyond the 523 will be needed this year to meet the development activity within the City. The above results in the following: (i) The City has an unfunded liability for 93 fire hydrants and insufficient funds budgeted to meet development requirements. (2) The estimated revenue of $160,800 currently in the budget for the sale of fire hydrants will not materialize. This Committee feels the Council should continue the sound financial policies it has followed in the past and recognize this liability by appro- priating additional funds to purchase the 93 fire hydrants for which they are committed and also budget for the 65 needed to meet current development needs, a total cost of $60,000. The cost of the additional 65 fire hydrants approximately $24,000 will be reimbursed to the City as they will be sold to developers. The net funding requirement as a result of these budget adjustments approximates $325,000. Funds are available to meet this need from the com- bination of savings from the results of meet and confer sessions and the City Manager's reduction of his recommendation for new positions. RESERVES Subsequent to the adoption of the budget in June, the State enacted Senate Bill 154. This bill provided for the year 1978-79 a method of property tax distribution which is entirely different than what has existed in the past. The law requires the County to inform the City by September l, the amount of the City's share. As a result of this new distribution method, preliminary indications are that our distribu- tion will be higher than was originally estimated. It would be this Committee's recommendation therefore, that if this should occur: (1) A reserve in the amount of $155,000 be established to fund the second year of the Police Unit's two-year contract, consistent with the prior Council policy in connection with agreements of this type. Bakersfield, California, August 30, 1978 - Page 3 267 (2) The cash basis reserve be adjusted to reflect the 1978-79 property tax distribu- tion. (3) If there are any funds available in excess of budget and reserve requirements, they should be set aside to assist in the financing of the 1979-80 fiscal year budget. BOND TAX RATES As the Council may recall, Proposition 13 ex- cluded existing bonded indebtedness from the $4.00 maximum tax rate. Therefore, the City may levy a tax rate for this purpose. Proposi- tion 13 also required all property to be assessed at the 1975-76 value and then increased by a maximum of 2% a year. New construction and resales since 1975-76 would be valued at the market value. However, the City of Bakers- field has not been reassessed since 1972-73 and the City's increased assessed valuation since that year has come only from annexations and new construction. As a result, the reassessment of property within the City in accordance with Proposition 13 has resulted in a total assessed valuation for 1978-79 of $439,427,774 or a 56.6% increase over 1977-78. This increase results in a bond tax rate of approximately $ .12½ per $100 assessed valuation in comparison to an approximate $ .21 for 1977-78. It should be noted that 1978-79 represents the final payment on the 1959 Civic Auditorium bonds. Councilman Medders made a motion that Report No. 8-78 from Budget Review and Finance Committee regarding Budget Adjust- ments, Reserves and Bond Tax Rate, be accepted; and recommendations as outlined in the report, be approved. Councilman Christensen was unable to attend the Budget Review and Finance Committee meeting and questioned several items in the report. After discussion, upon a motion by Councilman Medders Report No. 8-78 from Budget Review and Finance Committee regarding Budget Adjustments, Reserves and Bond Tax Rate, was accepted; and recommendations as outlined in the report, was approved. Adoption of Ordinance No. 2437 New Series levying upon the assessed valuation of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a rate of taxation upon each one hundred dollars of valuation for the Fiscal Year beginning July l, 1978, and ending June 30, 1979. 268 Bakersfield, California, August 30, 1978 - Page 4 Upon a motion by Councilman Medders, Ordinance No. 2437 New Series levying upon the assessed valuation of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a rate of taxation upon each one hundred dollars of valuation for the Fiscal Year beginning July 1, 1978, and ending June 30, 1979, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong NEW BUSINESS Adoption of Resolution No. 93-78 of the Council o£ the City o£ Bakers- £ield providing for the collection of Refuse Charges by the County Tax Collector. Upon a motion by Councilman Medders, Resolution No. 93-78 of the Council of the City of Bakersfield providing for the collec- tion of Refuse Charges by the County Tax Collector, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Barton Noes: Councilman Christensen Absent: Councilman Strong ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 12:30 P.M. MAYOR~kersfield, Calif. ATTEST: CITY a iclo Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, September 6, 1978 269 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., September 6, 1978. The meeting was called to order by Vice-Mayor Medders followed by the Pledge of Allegiance and Invocation by Mr. Stephen Austin member of the High Council of the Church o£ Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Councilmen Medders, Ratty, Rogers, Strong, Barton, Christensen Absent: Mayor Hart. Councilman Sceales Minutes of the regular meeting of August 23, 1978 and recessed meeting of August 30, 1978, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. John Van Noord, Marketing Supervisor for Kern District of Pacific Gas and Electric Company, read a prepared statement regarding their energy conservation activities within Bakersfield, distributed pamphlets describing their program and presented a book of brochures on energy conservation for use by the City. Miss Leslie Wasser, Advance Representative for Ice Capades, extended an invitation to the Mayor and Council to attend opening night of the Ice Capades at the Civic Auditorium on Thursday, September 21, 1978. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Golden Empire Transit, dated August 28, 1978, submitting a copy of their Financial Report for year ending June 10, 1978, was received and ordered placed on file. Upon a motion by Councilman Rogers, communication from James B. French, W. C. Robertson and Priscilla Jane Mueller re- questing annexation of property located south of Roberts Lane, east of Manor Street and north of the Kern River, was received and referred to the Planning Commission for study and recommendation. 270 Bakersfield, California, September 6, 1978 - Page 2 Upon a motion by Councilman Ratty, R. A. Agabashian for Bonneville Corporation, September 1, 1978, requesting abandonment of communication from 500 Oak Street, dated future street right- of-way located north of Brundage Lane between Beech Street and City Limit boundary, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Ratty, communication from Roland S. Woodruff, Attorney for the Greater Bakersfield Separation of Grade District, dated September 5, 1978, submitting copies of a report entitled "Preliminary Engineering Studies on Proposed Railroad and Vehicular Grade Separations, July 1978," and requesting a meeting with an appropriate Council Committee and staff members to work out a basis for cooperation between the District and City with respect to various aspects of the proposed grade separations at Chester Avenue and the Southern Pacific tracks north of the Circle and Union Avenue at the Southern Pacific tracks near 24th Street, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Barton, communication from the Kern County Employees Federal Credit Union, dated August 31, 1978, regarding termination of Lease No. 74-101 for a parking lot located on Truxtun Avenue between "G" and "H" Streets, was received, ordered placed on file and referred to the Business Development and Parking Committee for study. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 872 to 1051, inclusive, in the amount of $1,817,734.92. (b) Claim for Damages from Eugene Sanders, 2904 Vassar Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Charles James Glisson, 21453 Jonathan Place, California City. (Refer to City Attorney) Bakersfield, California, September 6, 1978 - Page 3 271 (d) (e) (f) (g) (h) (i) (J) (k) (1) (m) (n) (o) Claim for Damages from Roy M. Hendrix on behalf of Steven Hendrix, 2101 Woolard Drive, Bakersfield. (Refer to City Attorney) Street Right-of-Way Easement from Giumarra Brothers Fruit Co. providing additional street right-of-way along Meadow Vista Street as required for Tract No. 3933. Turnaround Easement from B. L. Dickinson, Inc. and Robert A. Wadsworth providing temporary turnaround at north end of Rancho Sierra Street as required for Tract No. 3933. Flowage and Access Easement from B. L. Dickinson, Inc. and Robert A. Wadsworth providing flowage and access at north ends of Rancho Sierra Street, Cedar Canyon Street, Glenridge Street and Meadow Vista Court as required for Tract No. 3933. Temporary Street Right-of-Way Easement from B. L. Dickinson, Inc. and Robert A. Wadsworth providing temporary street right-of-way to connect north ends of Glenridge Street and Cedar Canyon Street as required for Tract No. 3933. Public Utility Easements from Helfac Corporation as required for Parcel Map No. 4807. Map of Tract No. 3859 "B" and Improvement Agreement for construction of improvements therein - located north of College Avenue and east of Sterling Road. Map of Tract No. 3972 and Improvement Agreement for construction of improvements therein - located south of Pacheco Road and east of Stine Road. Notice of Completion and Acceptance of Work for street and sewer improvements under Tract No. 3912 - Contract No. 77-162 with Elmer F. Karpe, Inc. Notice of Completion and Acceptance of Work for street and sewer improvements under Parcel Map No. 4342 - Contract No. 77-177 with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work for street and sewer improvements under Parcel Map No. 4421 - Contract No. 77-186 with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work for paving of New Corporation Yard - Contract No. 78-58 with Griffith Company. 272 Bakersfield, California, September 6, 1978 - Page 4 (p) (q) Upon (d), (e), (f), and (q) of the roll call vote: Ayes: Noes: Absent: Application for Encroachment Permit from Albert and Lavenia Goodloe, 803 "T" Street, Bakersfield, for construction of brick and wrought iron fence at back of sidewalk at northwest cdrner of 8th and "T" Streets. Plans and Specifications for Kroll Park Development. 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 Councilmen Medders, Ratty, Christensen None Councilman Sceales ACTION ON BIDS Upon a motion by Councilman Ratty, Rogers, Strong, Barton, low bid of A-1 Battery Company for Annual Contract for Automotive Batteries, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, low bid of Hydrex Pest Control for Annual Contract for Pest Control, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. After discussion, upon a motion by Councilman Rogers, low bids of James Petroleum (five items) and Service Oil Company (one item) for Annual Contract for Lubricating Products, were accepted, all other bids rejected and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Ratty, bids of Hawkins- Hawkins (fourteen items), Western Highway Products ware, were accepted. Unistrut L.A. (thirteen items) and (three items) for Highway Signs and Hard- Upon a motion by Councilman Ratty, low bid of Inter- Ferrous Corporation for Fire Hydrant Bury Extensions, was accepted and all other bids rejected. Bakersfield, California, September 6, 1978 - Page 5 273 Upon a motion by Councilman Rogers, low bid of Troxler Electronic Laboratories, Inc. for Moisture Density Gauge, was accepted and the other bid rejected. Upon a motion by Councilman Strong, bid of Central Valley Supply Company for Storm Drain Pipe, was accepted. Upon a motion by Councilman Strong, low bid of Ray Gaskin Service for Refuse Packer Trucks, was accepted, the other bid rejected and Budget Transfer in the amount of $8,370.00 from the Council Contingency Account in the Equipment Replacement Fund to the appropriate account, was approved. After discussion, upon a motion by Councilman Christensen, 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 Golden Engineering for Portable X-Ray Unit and Accessories for use in the Police Department Bomb Disposal work. DEFERRED BUSINESS Adoption of Ordinance No. 2438 New Series of the Council of the City of Bakersfield amending Section 7.66.090 (d) of Chapter 7.66 (Towing of Vehicles) of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Ratty, Ordinance No. 2438 New Series of the Council of the City of Bakersfield amending Section 7.66.090 (d) of Chapter 7.66 (Towing of Vehicles) of the Municipal Code of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Ratty, Rogers, Strong, Barton, Christensen None Councilman Sceales 27'4 Bakersfield, California, September 6, 1978 - Page 6 Failure to adopt an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Construction, Sewer Use and Indus- trial Wastewater Discharges. Councilman Rogers made a motion to adopt an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Construction, Sewer Use and Industrial Wastewater Discharges. Councilman Strong stated he has not studied this item and asked if holding it over for two weeks would create any problems because there may be a lot of people interested in the charges and how they were arrived at. Director of Public Works Hawley stated there could be a problem with deferring action on this ordinance because the City is required to adopt a Sewer Use Ordinance and a Resolution setting fees prior to completion of 50% of the construction of the South- east Bakersfield Sewer Expansion Project. The project is now at that point and a problem would be created as far as paying the contractors. The State will not contribute their share of the Federal and State funds until the City adopts and Resolution setting fees. entered into with the State During discussion, This was in the in 1976. a Sewer Use Ordinance agreement the City Councilman Strong stated that on the basis of what has been said tonight he cannot attach the same urgency to this ordinance as the staff and he felt it would be irresponsible on the part of each Councilman because they owe it to their constituents and businesses in the City to at least give the public a chance to respond, especially to the open-ended business assessment being proposed. Councilman Strong then offered a substitute motion that action on the ordinance regulating Sewer Construction, Sewer Use and Industrial Wastewater Discharges, be deferred until the Council Meeting of September 20, 1978. Bakersfield, California, September 6, 1978 - Page 7 275 Ayes: Noes: Absent: Councilman Christensen stated he is disturbed about some of the rates contained in the report and contrary to what has been stated tonight he was not aware the Council had discussed the rates prior to tonight and requested copies of the minutes where it was discussed by the Council before acting on the proposed ordinance. Director of Public Works Hawley, in answer to a question by Councilman Strong, outlined how the proposed rates for sewer use were established. After considerable discussion, Director of Public Works Hawley stated that as far as commercial rates are concerned they were not previously discussed in detail with the Council. There has been discussion about rates for single family residences, and some about commercial rates. Two weeks ago was the first time this particular list of rates was presented to the Council. After further discussion, Councilman Strong's substitute motion that action on the Ordinance amending the Bakersfield Municipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Construction, Sewer Use and Industrial Wastewater Discharges, be deferred until the Council Meeting of September 20, 1976, failed to carry by the following roll call vote: Councilmen Strong, Barton, Christensen Councilmen Medders, Councilman Sceales Councilman Rogers' Ratty, Rogers motion to adopt an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Muni- cipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Construction, Sewer Industrial Wastewater Discharges, failed to carry by the roll call vote: Use and following Ayes: Councilmen Medders, Ratty, Rogers Noes: Councilmen Strong, Barton, Christensen Absent: Councilman Sceales 276 Bakersfield, California, September 6, 1978 - Page 8 Adoption of Ordinance No. 2439 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 2619 Agate Street. The application for this amendment was made by Mrs. Lucille Mason and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling Architectural Design) Zone. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2439 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 2619 Agate Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Strong, Barton, Christensen Noes: None Absent: Councilman Sceales NEW BUSINESS Adoption of Emergency Ordinance No. 2440 New Series of the Council of the City of Bakersfield authorizing amendment of Contract between the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System. This ordinance provides for a one time 3% to 15% increase in allowances to or on account of certain Miscellaneous and Safety Members retired or Members deceased prior to July 1, 1974. Upon a motion by Councilman Rogers, Emergency Ordinance No. 2440 New Series of the Council of the City of Bakersfield authorizing amendment of Contract between the City of Bakersfield and the Board of Administration of the California Public Employees' Retirement System, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Medders, Ratty, None Councilmen Sceales, Strong Rogers, Christensen Bakersfield, California, September 6, 1978 - Page 9 277 First reading of an Ordinance of the Council of the City of Bakersfield amending portions of Title 13, in- cluding Chapters 13.01, 13.04, 13.16, 13.30, 13.40, 13.56, 13.60, 13.64 and 13.66, concerning Building and Con- struction Regulations and Standards; adopting by reference the Uniform Building Code, 1976 Edition, and the Appendix thereto, the Uniform Mechani- cal Code, 1976 Edition, and the Appendix thereto, the Uniform Sign Code, 1976 Edition, the 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 ordinance updates the existing Municipal Code to incorporate the 1976 Editions of the Uniform Codes dealing with building and construction. First reading was considered given 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, 13.56, 13.60, 13.64 and 13.66, concerning Building and Construction Regulations and Standards; adopting by reference the Uniform Building Code, 1976 Edition, and the Appendix thereto, the Uniform Mechancial Code, 1976 Edition, and the Appendix thereto, the Uniform Sign Code, 1976 Edition, the 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. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 3.30 of the Munici- pal Code of the City of Bakersfield by adding Section 3.30.040 authorizing certain employees to make arrests. This ordinance permits Community Service Technicians and other non-safety members designated by the Chief of Police to enforce parking violations and animal regulations. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 3.30 of the 278 Bakersfield, California, September 6, 1978 - Page 10 Municipal Code of the City of Bakersfield by adding Section 3.30.040 authorizing certain employees to make arrests. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 10.16.020 of Chapter 10.16 (Discharging Firearms) of the Municipal Code of the City of Bakers- field regulating the use of Firearms in the City. The present ordinance is too limiting on discharging a gun within the City Limits due to the vast area of unimproved lands taken in by annexation. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 10.16.020 of Chapter 10.16 (Discharging Firearms) of the Municipal Code of the City of Bakersfield regulating the use of Firearms in the City. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located west of Fairfax Road and Azalea Avenue Intersection. The application for this amendment was made by Thomas V. Reese and would change subject property from an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located west of Fairfax Road and Azalea Avenue Intersection. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Columbus Street and Union Avenue Intersection. The application for this amendment was made by Tim Gannon and would change subject property from an R-3-D (Limited Multiple Bakersfield, California, September 6, 1978 - Page 279 Family Dwelling - Architectural Design) Zone to a C-2-D (Commercial Architectural Design), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northwest corner of Columbus Street and Union Avenue Intersection. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Panama Lane and west of South "H" Street. The application for this amendment was made by Carl R. Moreland and would change subject property from an "A" (Agricultural) Zone to an MH (Mobilehome), or more restrictive Zone. First reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Panama Lane and west of South "H" Street. Resolution of the Council of the City of Bakersfield adopting the Waste- water Treatment Revenue Program and establishing Sewer User Charges and Fees. The Revenue Program establishes Sewer Use Charges as required for the Clean Water Grant for expansion of Wastewater Treatment Plant No. 2. These charges have been developed in accordance with the Draft Revenue Program approved by the State Division of Water Quality and adopted by the City Council on February 23, 1976. The effective date of the charges will be July l, 1979. Assistant City Attorney Oberholzer stated this resolution does not need to be acted upon because the authority for it comes from the ordinance regulating Sewer Construction, Sewer Use and Industrial Wastewater Discharges that was not adopted earlier in the meeting. Bakersfield, California, September 6, 1978 - Page 12 Adoption of Resolution No. 94-78 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final EIR, making findings and certifying that said Final EIR has been completed in compliance with the California Environment Quality Act, the State EIR Guidelines and City Resolution No. 39-78, re proposed General Plan Amendment and Zone Change Application for approximately 4.96 acres of land at the southeast corner of Village Lane and Stockdale Highway, known as 4901 Stockdale Highway. The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment and Zone Change and recommended by Resolution No. 32-78 certification by the City Council. Upon a motion by Councilman Rogers, Resolution No. 94-78 of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final EIR, making findings and certifying that said Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 39-78, re proposed General Plan Amendment and Zone Change Application for approximately 4.96 acres of land at the southeast corner of Village Lane and Stockdale Highway, known as 4901 Stockdale Highway, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Barton, Christensen Noes: None Absent: Councilmen Sceales, Strong Approval of Agreement between the City and Pacific Gas and Electric Company for relocation of street light and installation of new steel light pole as part of an Underground District on New Stine Road, south of Stockdale Highway. Upon a motion by Councilman Rogers, Agreement between the City and Pacific Gas and Electric Company for relocation of street light and installation of new steel light pole as part of Underground District on New Stine Road, south of Stockdale Highway, was approved and the Mayor was authorized to execute same. Bakersfield, California, September 6, 1978 - Page 13 281 Approval of Agreement between the City and State of California, Depart- ment of Transportation certifying that the City has sufficient funds available to fund the Truxtun Avenue Grade Separation Project. Through this agreement the City certifies to the State that the City has sufficient funds available to fund the City's share of the Truxtun Avenue Grade Separation Project. The City's share is estimated at $500,000 and is in the current budget. The agreement also sets forth conditions and procedure for State reim- bursement to the City for eligible expenditures on the project. Upon a motion by Councilman Christensen, Agreement between the City and State of California, Department of Transportation certifying that the City the Truxtun Avenue Grade conditions and procedure has sufficient funds available to fund Separation Project and setting forth for State reimbursement to the City for eligible expenditures on the project, was approved and the Mayor was authorized to execute same. Appointment of Voting Delegate and Alternate for the League of Cali- fornia Cities Conference, September 24-26, 1978. Each year the League of California Cities requests that the City Council designate a voting representative and alternate to vote on matters affecting municipal or league policy during the conference. Upon a motion by Councilman Rogers, Councilman Barton was designated as Voting Delegate and Councilman Christensen was designated as Alternate Voting Delegate for the League of California Cities Conference to be held in Anaheim, September 24-26, 1978. Councilman Barton indicated that he would agree to be the Voting Delegate for the conference as long as the same procedure for tabulating the Council votes on various resolutions is handled the same way as last year. 282 Bakersfield, California, September 6, 1978 - Page 14 HEARINGS This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Manor No. 2," proposed to be annexed to the City of Bakersfield. (Annexation was commenced under the old annexation law). 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 249.14 + acres of land lying north of Panorama Drive, south of the Kern River and east of Manor Street. Vice-Mayor Medders declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 95-78 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of Manor No. 2, proposed to be annexed to the City o£ Bakersfield, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, None Councilmen Sceales, Strong Upon a motion by Councilman Christensen, Ratty, Rogers, Barton, Christensen Ordinance No. 2441 New Series 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: Noes: Absent: Councilmen Medders, Ratty, None Councilmen Sceales, Strong Rogers, Barton, Christensen Bakersfield, California, September 6, 1978 - Page 15 283 This is the time set for public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory desig- nated as "Manor No. 2" Annexation. This hearing has been duly advertised. Vice-Mayor Medders delcared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 96-78 annexing certain territory designated as Annexation No. 258 (Manor No. 2) to the Greater Bakersfield Separation of Grade District, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Barton, Christensen 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 10:00 P.M. / VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex-Officio Clerk of the of the City of Bakersfield, California ASSISTANT CITY CLERK ma Council 284 Bakersfield, California, September 20, 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., September 20, 1978. The meeting was called to order by Mayor Hart, followed by the Pledge of Allegiance and Invocation by Mr. Don Minor, member of the High Council of the Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Mayor Hart. Councilmen Ratty, Rogers, Sceales, Present: Strong, Barton, Christensen, Medders Absent: None Minutes of the regular meeting of September 6, 1978 were approved as presented. COUNCIL STATEMENTS Vice-Mayor Medders requested an up-date on the current status of the Blue Curb Law, that provides parking spaces for the handicapped, specifically those persons confined to wheel chairs. Director of Public Works Hawley reported that since this matter was brought to the attention of the Traffic Engineer two or three months ago, various meetings were held with representatives of the handicapped organizations, the Police Chief, and the Downtown Business Association, and approximately ten parking spaces are being considered in the downtown area to be reserved for the physically handicapped. The City Attorney is presently preparing an ordinance to accomplish this, and it will probably be brought to the Council for consideration at the next Council meeting. REPORTS Vice-Mayor Medders, Chairman of the Budget Review and Finance Committee, read Report No. 9-78 regarding Corporation Yard Improvements and Police Department Vehicles, as follows: Bakersfield, California, September 20, 1978 - Page 2 Corporation Yard Improvements Construction of the new Corporation Yard began in 1976. The original plans contained a number of improvements (see Attachment A) that have been deleted as a result of the significantly increased cost from the 1976 estimates for the fuel island and other improvements. During this month, the Northwest Storm Drain project will be completed with a budget savings of revenue sharing funds of approximately $123,000. This Committee feels the improvements at the Corporation Yard are necessary, and recom- mends the savings from the storm drain project be utilized to make these improvements. It should also be noted other needs exist at the Corporation Yard, such as fencing the property on the north, a storage building for surplus equipment, etc.; however, these needs are not urgent, and will be requested in next year's Capital Improvement Program budgeting process and be subject to the availability of funds and the prioritization of projects. Police Department Vehicles During the budget hearings, the Council approved the reclassification of four vacant Police Officer positions to civilian Community Service Technician positions to investigate non-injury traffic accidents and certain types of misdemeanors. However, the Police Chief indicates (see Attach- ment B) it is not desirable for these Community Service Technicians to utilize black and white police cars. He indicates there are four small pickups planned for trade-in during this fiscal year of which three could be utilized for these employees. This would represent the least costly method of providing necessary transportation; therefore, this Committee would recommend these vehicles not be traded in, and utilized for this purpose. Councilman Christensen, member of the Budget Review and Finance Committee, was not available for the meeting, and thus did not sign the report. Upon a motion by Vice-Mayor Medders, Budget Review and Finance Committee Report No. 9-78 regarding Corporation Yard Improve- ments and Police Department Vehicles was accepted and the recommenda- tions contained therein were approved. Mayor Hart requested the Council to consider an appointment to the Golden Empire Transit Board of Directors to fill the unexpired term of Mr. Arend Folkens, who resigned, term ending in January 1979. Bakersfield, California, September 20, 1978 - Page 3 In regard to a Planning Commission recommended annexation policy, City Manager Bergen stated that significant changes in the law have occurred this last year that affect annexations, specifi- cally, (1) MORGA, the Municipal Organization Act, State legislation adopted last year which became effective January 1, 1978, and (2) Proposition 11 which was adopted on June 6, 1978. MORGA (1) requires that a plan for service be sumitted to LAFCO prior to any annexation; (2) permits inhabited annexations without a vote, unless there is a protest petition filed by at least 25% of the registered voters; if 25% to 50% sign a protest petition, an election is held; if 50% or more sign a protest petition, no election is held; (3) if property owners petition, this allows LAFCO to annex to the City without Council approval. These changes are in addition to the provisions for island annexations, which provide that islands of less than 100 acres can be annexed without an election, but a plan £or service is required. Proposition 13 provides that a uniform tax rate throughout the County be applied, meaning that both City and County areas will have the same basic tax rate. There is a high probability the urban unincorporated areas will directly pay more for the same service than the adjacent properties within the City. Based on these facts, it is very important for the City to adopt an annexation policy as recommended by the Planning Commission. The annexation policy has been discussed for several months and out- lines a policy that would provide for an orderly, cost effective annexation plan. The City Attorney recommends that the proposed annexation policy be adopted by Council Resolution. Councilman Ratty moved that the City Attorney prepare a Resolution incorporating the proposed annexation policy of the City. Councilman Barton stated he would like to have a copy of the Municipal Organization Act (MORGA) for review and would have no Bakersfield, California, September 20, 1978 - Page 4 287 objection to the City Attorney preparing a Resolution for Council consideration. A substitute motion by Councilman Barton that the letter from the Planning Commission be received and placed on file and the matter of an annexation policy be deferred for two weeks passed unanimously. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 9-78 regarding Personnel Changes in City Finance Department, as follows: Due to the recent resignation of the City's Purchasing-Cash Management Officer, Frank Casey, the staff has re-evaluated the job requirements of this position and those of the Revenue Supervisor classification. The staff is of the opinion that the City's needs will be better met by placing the responsi- bilities of Cash Management under the control of the Revenue Supervisor; however, with these additional responsibilities, the salary of this position should be increased accordingly. The Revenue Supervisor position is presently vacant, and to date we have not received any applications to fill it. Hopefully, with an increase in salary, we will be able to attract some competent applicants. In order to offset any additional costs, the staff has recommended that we downgrade the Purchasing-Cash Management Officer monthly salary range from $1642 - $1979 to $1508 - $1833, and place it in the Supervisory Unit rather than the Management Unit. The Revenue Supervisor salary range would be adjusted from $1242 - $1513 to $1508 $1833. It is not our intention to fill the Purchasing- Cash Management Officer position until such time that the staff has completed further studies of the Finance Department operations. The Governmental Efficiency and Personnel Com- mittee concurs with these staff recommendations, and is recommending Council approval of the attached changes in the Salary Resolution. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 9-78 was accepted. Bakersfield, California, September 20, 1978 - Page 5 Adoption of Resolution No. 97-78 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. Upon a motion by Councilman Strong, Resolution No. 97-78 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 Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1052 to 1355, inclusive, in the amount of $403,965.58. (b) Claim for Damages from Leonard A. Maas, Jr. and Helen C. Maas, c/o Di Giorgio, Davis & Klein, Attorneys at Law, 1000 Truxtun Avenue, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Derrill D. Morger, c/o Darling, Maclin & Day, P.O. Box 2411, Bakersfield. (Refer to City Attorney) (d) Notice of Completion and Acceptance of Street and Sewer Improvements under Tract No. 3859 "A" - Contract No. 77-144 with Wattenbarger-Stahl Development Company. (e) Notice of Completion and Acceptance Street Improvements under Tract No. Contract 77-148 with Tenneco Realty Development Corporation. of 3893 - (f) Notice of Completion and Acceptance of Sewer and Street Improvements under Tract No. 3900 - Contract No. 77-133 with Tenneco Realty Development Corporation. (g) Notice of Completion and Acceptance of Sewer and Street Improvements under Tract No. 3903 - Contract No. 77-134 with Tenneco Realty Development Corporation. (h) Notice of Completion and Acceptance of Street Improvements under Parcel Map No. 4165 - Contract No. 77-118 with Tenneco West. Bakersfield, California, September 20, 1975 - Page 6 289 (i) Notice of Completion and Acceptance of Work on Northwest Bakersfield Drain, Phase III - Pump Station Expansion - Contract No. 77-171 with Sully-Miller. (J) Application for Encroachment Permit from Mobilhome Corporation for construction of garden wall 4½ feet back of sidewalk within the road right of way along Auburn Street, as shown on plans for Tract No. 4079. (k) Application for Encroachment Permit from Frank Valenzuela, 5712 Appletree Lane, Bakers- field for construction of a 4 foot high concrete block fence extending 3 feet into the street right of way along side yard property line at 5712 Appletree Lane. (1) Plans and Specifications for Construction of Storm Drains in 19th Street and Brown Street. (m) Improvement Agreement from Richard S. Moberg (northwest corner of South Chester and South Union Avenues). (n) Resolution of Intention No. 937 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Lake Ming Road, south of Alfred Harrell Highway, in the City of Bakersfield, setting the date of hearing for October 11, 1978. (o) Acceptance of ¥~ater Pipeline Easement from Tenneco West, Inc. between Carrier Canal and Kern River. (Section 34, T. 29 S., R. 27 E., M.D.M.) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), and (o) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, ~edders Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Medders, low bid of L. N. Curtis and Sons for Turnout Coats for the Fire Department was accepted and all other bids were rejected. Upon a motion by Councilman Ratty, low bid of Valley Tree and Construction for Demolition of Substandard Structures was accepted and the other bid rejected. These buildings are being demolished in connection with the Community Development Block Grant program. 29O Bakersfield, California, September 20, 1978 - Page 7 Upon a motion by Councilman Sceales, low bid of Griffith Company for construction of pavement improvements on Ming Avenue and Gosford Road was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, bid of A. C. Electric Company for construction of traffic signal systems on California Avenue at Chester Lane and Easton Drive was rejected, and the Finance Department was authorized to readvertise the project. Upon a motion by Councilman Christensen, 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 for Radio Alarms and Accessories for use by the Police Department. DEFERRED BUSINESS Reconsideration of Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Con- struction, Sewer Use and Industrial Wastewater Discharges. This ordinance was given first reading at the meeting of August 23, 1978. The Council failed to adopt this ordinance at the meeting of September 6, 1978. Upon a motion by Councilman Ratty, reconsideration of this ordinance was approved. In response to a question posed by Councilman Strong as to whether sewer service charges were a requirement of the Federal and State agencies in their guidelines, Public Works Director Hawley stated that Federal Law, Public Law 92500, states that sewer service charges be based on a fair and equitable basis, with no definition as to whether it is for residences, commercial, industrial, etc., and that is a condition of the agreement the City entered into with the Environmental Protection Agency (EPA) and the State of California. Councilman Strong requested that the record reflect that the City of Bakersfield, in its submission of the application, set Bakersfield, California, September 20, 1978 - Page 8 291 forth the service charge procedure and did not meet the requirement; of the Federal Law. City Attorney Hoagland stated it is a requirement of both Federal and State Law in order to be eligible for the grant, and he read from the Federal Law. Councilman Rogers reviewed the project since the passage of the Federal Water Pollution Control Act in November of 1972. Councilman Strong indicated it was his feeling that with the issuance of new property assessments, the garbage fees, and this sewer charge, it would work a very serious hardship for a number of people in our City. He further stated that he believes that nowhere in the guidelines for the application is the requirement that the City must adopt a users fee and would maintain that position until shown otherwise. Councilman Christensen stated he did not oppose the project but wanted to be assured that people were getting from government what they were paying for and not being overcharged. City Attorney Hoagland pointed out that delays in the adoption of the ordinance were costing the City money in the form of lost interest, inasmuch as the City would not get paid by the State and Federal Government until adoption of the ordinance setting the user fees, and that fees could be modified at a later date with the approval of the State that the modification is fair and equitable. Councilman Barton requested a comprehensive financial projection, with consideration of an ad valorum tax reduction. City Manager Bergen indicated the staff will make preliminary studies early nex~ year, in February/March, so this information can be made a part of the next year's budget deliberations. The City must have time to submit rate modification to the State for approval prior to budget deliberations. In response to Councilman Strong's questions, City Attorney Hoagland indicated the fees are considered to be a service charge 292 Bakersfield, California, September 20, 1978 - Page 9 and not a tax, would be collected on the property tax bill, and unpaid fees would be considered a debt, penalties. owed to the City with Adoption of Ordinance No. 2442 New Series o£ the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Construction, Sewer Use and Industrial Wastewater Discharges. Upon a motion by Councilman Medders, Ordinance No. 2442 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.64 and substituting in lieu thereof a new Chapter 8.64, regulating Sewer Construction, Sewer Use and Industrial Wastewater Discharges, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Barton, Christensen, Medders Noes: Councilman Strong Absent: None Councilman Strong qualified his "no" vote stating he recognized this is a mandate but that he felt the fees were not equitable. Councilman Medders stated he voted "aye" because it is the responsible thing to do. Adoption of Resolution No. 98-78 of the Council of the City of Bakersfield adopting the Wastewater Treatment Revenue Program and establishing Sewer Service User Charges and Fees. The Revenue Program establishes Sewer Use Charges as required for the Clean Water Grant for expansion of Wastewater Treatment Plant No. 2. These charges have been developed in accordance with the Draft Revenue Program approved by the State Division of Water Quality and adopted by the City Council on February 23, 1976. The effectiw~ date of the charges will be July 1, 1979. Action on this resolution was deferred at the meeting of September 6, 1978. Bakersfield, California, September 20, 1978 - Page 10 293 Upon a motion by Councilman Medders, Resolution No. 98-713 of the Council of the City of Bakersfield adopting the Wastewater Treatment Revenue Program and establishing Sewer Service User Charges and Fees was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Barton, Christensen, Medders Noes: Councilman Strong Absent: None Councilman Christensen requested the record to show that the revenue question of tax income as it relates to sewer costs and so forth is going to be reviewed early next year as Councilman Barton requested. Adoption of Ordinance No. 2443 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Panama Lane and west of South "H" Street. The application for this amendment was made by Carl R. Moreland and would change subject property from an "A" (Agricultural) Zone to an MH (Mobilehome) Zone. The ordinance was given first reading at the meeting of September 6, 1978. Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2443 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located south of Panama Lane and west of South "H" Street were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None 294 Bakers£ield, California, September 20, 1978 - Page 11 Adoption of Ordinance No. 2444 New Series of the Council of the City of Bakersfield amending Section 10.16.020 of Chapter 10.16 (Discharging Firearms) of the Municipal Code of the City of Bakersfield regulating the Use of Firearms in the City. This ordinance was given first reading at the meeting of September 6, 1978. Upon a motion by Councilman Sceales, Ordinance No. 2444 New Series of the Council of the City o£ Bakersfield amending Section 10.16.020 of Chapter 10.16 (Discharging Firearms) of the Municipal Code of the City of Bakersfield regulating the Use of Firearms in the City was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None Adoption of Ordinance No. 2445 New Series of the Council of the City of Bakersfield amending Chapter 3.30 of the Municipal Code of the City of Bakersfield by adding Section 3.30.040 authorizing certain employees to make arrests. This ordinance was given first reading at the meeting of September 6, 1978. Upon a motion by Councilman Ratty, Ordinance No. 2445 New Series of the Council of the City of Bakersfield amending Chapter 3.30 of the Municipal Code of the City of Bakersfield by adding Section 3.30.040 authorizing certain employees to make arrests was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None Adoption of Ordinance No. 2446 New Series amending Title Seventeen of the Municipal Code of the City of Bakers- field by changing the Land Use Zoning of that certain property in the City of Bakersfield located west of Fairfax Road and Azalea Avenue Intersection. Bakersfield, California, September 20, 1978 - Page 12 295 The application for this amendment was made by Thomas V. Reese and would change subject property from an R-1 (One Family Dwelling) Zone to an ~-i-CH (One Family Dwelling - Church) Zone. This ordinance was given first reading at the meeting of September 6, 1978. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2446 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 west of Fairfax Road and Azalea Avenue Intersection wereadopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Medders Sceales, Strong, Christensen, Noes: None Absent: Councilman Barton Adoption of Ordinance No. 2447 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 northwest corner of Columbus Street and Union Avenue Intersection. The application for this amendment was made by Tim Gannor~ and would change subject property from an R-3-C (Limited Multiple Family Dwelling - Architectural Design) Zone to a C-2-D (Commercia~ - Architectural Design) Zone. This ordinance was given first reading at the meeting of September 6, 1978. Upon a motion by Councilman Christensen, Negative Declaration and Ordinance No. 2447 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 northwest corner of Columbus Street and Union Avenue Intersection were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Christensen, Medders Noes: None Absent: Councilman Barton Bakersfield, California, September 20, 1978 - Page 13 NEW BUSINESS Adoption of Resolution No. 99-78 of the Council o£ the City of Bakersfield approving entering into a contract with the State Personnel Board for the performance of technical services and authorizing the City Manager to sign the contract. This resolution would authorize the City to enter into an agreement with the State whereby validated exams are made available. The City has contracted for this service for several years. Upon a motion by Vice-Mayor Medders, Resolution No. 99-78 o£ the Council of the City of Bakersfield approving entering into a contract with the State Personnel Board for the performance of technical services was adopted and the City Manager was authorized to sign the contract, by the following roll call vote: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Ayes: Noes: None Absent: None Cost Service Contract Agreement with Cooperative Personnel Services, State of California. The City agrees to abide by various rules and regulations established by the State in the use of and security for examinations. Upon a motion by Councilman Ratty, authorization was granted to execute a cost Service Contract Agreement with Cooperative Personnel Services, State of California. Approval of Negative Declarations for Segments 1, 2, and 4 of proposed amendment to Land Use Element of the General Plan. These Negative Declarations have been advertised for public input and were approved and adopted by the Planning Commission on August 16, 1978. Council approval is necessary for environmental clearance. The Final EIR for Segment III was certified by the City Council at their September 6, 1978 meeting. Demolition of City Owned Buildings. The City has been notified that Lease No. 74-101 for parking lot on Truxtun Avenue between G and H Streets will be terminated approximately November 1, 1978, with call for removal of parking within 30 days. In order to provide for some replacement parking, it is recommended that City surplus buildings located south of City Hall be authorized for demolition. Upon a motion by Councilman Ratty, demolition of City Owned Buildings located south of City Hall and advertising for bids were approved. First reading of an Ordinance of the Council of the City of Bakersfield adopting by reference the 1976 Editions of the Uniform Building, Mechanical, Sign, Plumbing, Housing and Abatement of Dangerous Building Conditions Codes and Appendices thereto. This to incorporate building and construction. It will be necessary to conduct a noticed public hearing before the proposed ordinance may be First reading is considered given an Ordinance of the ordinance would update the existing Municipal Code the 1976 Editions of the Uniform Codes dealing with adopted. Council of the City of Bakersfield adopting by reference the 1976 Editions of the Uniform Building, Mechanical, Sign, Plumbing, Housing and Abatement of Dangerous Building Conditions Codes and Appendices thereto. Upon a motion by Councilman Medders, date and time of hearing to consider adoption of ordinance were set for 8:00 P.M., October 11, 1978, and the City Clerk was directed to cause Notice of Hear~gto be published in the Bakersfield Californian for two successive weeks (September 25 and October 2, 1978). Adoption of Resolution No. 100-78 of the Council of the City of Bakersfield initiating proceedings for Annexation of Territory to the City of Bakersfield identified as Annexation No. 250, Proceeding No. 592 (Kern River No. 6), in accordance with LAFCO Resolution Making Determination. 298 Bakersfield, California, September 20, 1978 - Page 15 This territory is uninhabited and consists of 3,380 acres of land located along the Kern River between Buena Vista Road and Interstate Route 5. This resolution sets the public hearing date for October 25, 1978. Upon a motion by Councilman Rogers, Resolution No. 100-78 of the Council of the City of Bakersfield initiating proceedings for Annexation of Territory to the City of Bakersfield identified as Annexation No. 250, Proceeding No. 592 (Kern River No. 6), in accordance with LAFCO Resolution Making Determination, was adopted by the following roll call vote: Ayes: Councilman Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None HEARINGS This is the time set for a continued public hearing, from August 9, 1978, on appeal of Lawton Powers on the decision of the Board of Zoning Adjustment regarding his application for a Conditional Use Permit of a C-2 (Commercial) and a C-2-D (Commercial- Architectural Design) Zone to allow an amusement track for scaled- down Formula 1 Cars on property located on the northeast corner of Wible Road and White Lane Intersection. 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. Mayor Hart declared the hearing open for public participation. Speaking in opposition were: Ms. Colleen Ryan, an investor in property across from the proposed development; Mr. Leon Meeks, an owner of an apartment complex in the area; Ms. Linda Frick; Mr. Lucian Amos, Mr. Mark Albert, owner of property in the area; a partner in nearby apartments. Speaking in favor were: Mr. Lawton Powers, the applicant; Mr. Rick Dent, representing Malibu Grand Prix Corporation, 315 Laurel Street, San Diego, California. Mr. Rick Dent indicated a 7 foot high solid wood fence would be constructed as a noise buffer. No further protests or objections being received and no one else wishing to speak in favor, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Councilman Sceales stated he would abstain from debate and voting because of a real or imaginary conflict of interest. Upon a motion by Councilman Ratty, the decision of the Board of Zoning Adjustment was denied, application was granted, and Zoning Resolution No. 264 Granting Conditional Use Permit to permit the construction, operation and maintenance of an amusement track for scaled-down Formula 1 Cars on that certain property located northe~Lst of Wible Road and White Lane Intersection was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Strong, Medders Noes: Councilmen Barton, Christensen Abstaining: Councilman Sceales Absent: None This is the time set for public hearing regarding Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerning those properties commonly known as: (1) Northwest corner of "H" Street and Panama Lane; (2) Future intersection of Akers Road and White Lane; (3) Southeast corner of Village Lane and Stockdale Highway; (4) West of the City Limits at Stockdale Highway south- westerly to Interstate 5. This hearing has been duly advertised, the property posted, and the property owners have been notified as required by law. 300 Bakersfield, California, September 20, 1978 - Page 17 The proposed amendment, which is the subject of this hearing, was approved by the Planning Commission after a public hearing on August 16, 1978 and recommended for adoption by the City Council. (Planning Commission Resolution 32A-78.) Mayor Hart declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 101-78 of the Council of the City of Bakersfield making findings and approving amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None This is the time set for public hearing before the Council[ on Resolution of Intention No. 935 of the Council of the City of Bakersfield declaring its intention to order the vacation of a Public Utilities Easement located north of Marsha Street and west of South Montclair, in the City of Bakersfield. This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 102-78 of the Council of the City of Bakersfield ordering the vacation of Public Utilities Easement located north of Marsha Street and west of South Montclair, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None Bakersfield, California, September 20, 1978 - Page 18 301 This is the time set for 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 advertised and posted. This property is being considered for sale. The Public Works Department recommends that final action on this request be deferred until a development plan is submitted and approved. Mayor Hart declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, the 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, was continued until October 11, 1978. City Manager Bergen announced that starting with the first Wednesday in October the Council would be meeting weekly, inasmuch as the resolution for'bi-weekly meetings runs out the end of September. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 10:30 P.M. M~ty~sfield, Ca]if. ATTEST: CITY an Clerk of the Council of the City of Bak~;rsfield, California mp 302 Bakersfield, California, October 4, 1978 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers 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: Present: Mayor Hart. Councilmen Sceales, Barton, Christensen, Medders, Ratty Absent: Councilmen Rogers, Strong Minutes of the regular meeting of September 20, 1978 were approved as presented. CORRESPONDENCE Upon a motion by Councilman Ratty, the City of City communication from Tenneco Realty Development Corporation, dated September 26, 1978, requesting extension of various tract or parcel map construction agreements, was received and referred to the Public Works Depart- ment for study and recommendation. Upon a motion by Councilman Sceales, communication from Pleasant View Missionary Baptist Church, dated October l, 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