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HomeMy WebLinkAboutAPR - JUNE 197830 Bakersfield, California, April 5, 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., April 5, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. George Russell member of the High Council of the Church of Jesus Christ of Latter- Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Absent: None Minutes of the regular meeting of March 29, 1978 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Augustine J. Flores, Delinquency Prevention Con- sultant for the Kern County Probation Department, introduced David Flores, Mary Ann Flores and Michelle Tatum, members of the Teen Council on Juvenile Delinquency. David Flores invited the Mayor and Council to attend a Community Conference on Delinquency Prevention to be held April 15, 1978 at the Bakersfield College Theatre from 8:30 A.M. to 3:00 P.M. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Mrs. Leo Tobias, 2512 Cedar Street, commending the City and Contractor for the manner in which the storm drain project on Cedar Street was constructed, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from Ben Moxley, Chairman of the Kern County Veterans Employment Com- mittee, regarding the City's policies on veteran preference points, was received and ordered placed on file. Bakersfield, California, April 5, 1978 - Page 2 31, Upon a motion by Councilman Rogers, Jeanette Wadman, dated March 31, 1978, from the Board of Charity Appeals and and the Mayor was requested to send a communication from submitting her resignation Solicitations, was received letter of appreciation for her service to the City of Bakersfield. Upon a motion by Councilman Strong, communication from Pancho's Restaurant and John's Sheet Metal, dated March 23, 1978, requesting the closing of Robinson Street between the Alley on the south and 21st Street on the north, was received and referred to the Planning Commission for study and recommendation. Mrs. M. in her Upon a motion by Councilman Medders, communication from F. Turner, 1812 Verde Street, regarding dogs running loose neighborhood, was received, ordered placed on file and referred to the staff for investigation and action. Councilman Strong requested that the following communi- cation to the City Manager from Deni Greene, Director of the State Clearinghouse, Office of Planning and Research, dated March 21, 1978, regarding City of Bakersfield Fourth Year Community Development Block Grant be read into the record: March 21, 1978 Mr. H. E. Bergen City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 SCH# 78020653 - City of Bakersfield Fourth Year Community Development Block Grant Subject: Dear Mr. Bergen: The Department o£ Housing and Community Develop- ment, in concurrence with the o£fice of Planning and Research, has reviewed the City of Bakers- field's Fourth Year Community Development Block Grant (CDBG). The state's interest in the Block Grant Program is to encourage local governments to use CDBG funds to improve local communities, especially for those portions of the population that have the greatest housing needs. We offer the following comments: 32¸ Bakersfield, California, April 5, 1978 - Page 3 The application states the City's intention to make physical improvements to "support a neighborhood improvement strategy and a housing rehabilitation program." The improve- ments are to include streets, drains, curbs and gutters and "spot blight corrections." Code enforcement activity will continue and the rehabilitation program is to begin this year. The Housing Assistance Plan (HAP) notes that 3,857 units, more than 10% of the housing stock, is suitable for rehabilitation. More than half are rentals. Households needing assistance total 5,611, or about 16% of all households. The City's application devotes about 19% of the grant amount ($243,000 of $1,285,000) to housing-related activities. The remainder will go primarily for storm drains and street improvements in areas stated to include con- centrated pockets of lower income households. The percentage of funds allocated to housing is less than most other entitlement applications. Meetings with Bakersfield residents, however, have demonstrated a strong local sense that Bakersfield's housing problems are large enough to justify considerably greater program efforts. The City's goal to assist the rehabilitation need. We recommend a goal of five to ten per- cent per year. The current-year goal also does not respond to the need for the rehabilitation of rental units, which make up more than half of 3,857 units cited for rehabilitation assistance. We note that approximately 72% of your total budget has been allocated for public works projects. While there are numerous alternative sources for public work funds, CDBG funds is the major source of funding for housing programs. We hope the 5th-year application will devote a greater share of CDBG funds to housing purposes inasmuch as public works projects have been the dominant allocation in past allocations. The State Department of Housing and Community Development would be happy to assist Bakers- field in the development of its rehabilitation program, and will soon publish and distribute a rehabilitation manual which may prove help- ful. Please contact Karen Musante at (916) 445-0836 if you have any questions regarding this review. Sincerely, DENI GREENE Director State Clearinghouse Bakersfield, California, April 5, 1978 - Page 4 33 Upon a motion by Councilman Strong, communication from the State Office of Planning and Research, dated March 21, 1978, regarding City of Bakersfield's Fourth Year Community Development Block Grant, was received, ordered placed on file, referred to the Planning Commission and the staff was requested to obtain copies of the Rehabilitation Manual for distribution to each Councilman. COUNCIL STATEMENTS Councilman Christensen stated he received several inquiries regarding an article that appeared in the Bakersfield Californian pertaining to $5,000.00 of Redevelopment funds being used to give 19th Street between "L" and "M" Streets a "Facelift" and questioned City Attorney Hoagland and Assistant City Attorney Oberholzer regarding this matter. Assistant City Attorney Oberholzer stated that a proposal was submitted to the Redevelopment Agency by the Design Review Board to provide an architect to propose a Schematic Exterior Elevation for renovation of 19th Street between "L" and "M" Streets. The Redevelopment Agency, pursuant to the provisions authorized by the Community Redevelopment Law (Health and Safety Code Section 33,127), can expend funds to obtain the services of an architect. After that was done and the article appeared in the Bakersfield Californian, City Hall received a number of calls from people concerned about expending funds for that particular location, plus one of the property owners stated he would not cooperate with the City. As a result of this, the Design Review Board unanimously passed a motion that the contract with the architect not be executed and this recommendation is being sent to the Redevelopment Agency. It is very doubtful that the $5,000.00 will be expended for archi- tecturalwork on 19th Street. Councilman Ratty announced that he appointed Mr. Richard Foster, 5001 Belle Terrace, Apt. #3, to the Bakersfield 2000 Citizens Congress. 34 Bakersfield, California, April 5, 1978 - Page 5 REPORTS Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 1-78 regarding Recreation Budget for 1978-79 Fiscal Year, as follows: The City Council's Auditorium-Recreation Com- mittee met to review the proposed Recreation Budget for the 1978-79 fiscal year (see Attachment A). The budget is submitted annually prior to the regular budget hearings in order that recruitment of personnel for the summer programs can begin immediately. In light of the possibility of passage of the Jarvis initiative in June and resultant loss of revenue to the City, the proposed budget contains recommendations for the elimination of certain programs. In addition, if further reductions are necessary because of Jarvis, the attached list of programs (see Attachment B) are being submitted to the Council for their consideration. These do not represent staff recommendations for reductions in recreation service levels. However, the Council may want to consider these at regular budget hearings. The first three items on the list may become a reality without Council action if Jarvis is approved by the voters as the schools will be unable to provide the necessary facilities. The recreation program budget is divided into five sub-programs, i.e. major activity areas, which are aquatics, sports, parks and play- grounds and the California Avenue Neighborhood Facility. The proposed budget totals $477,990 which reflects an increase of $2,880, or .6% above the approved budget for 1977-78. The following is a summary of the major changes in each sub-program compared with the adopted budget for 1977-78. Aquatics The aquatic budget which totals $96,510 is down $7,540. This results from the elimination of two programs - diving instruction and the operation of the Bakersfield College pool. The diving instruction is recommended for elimination due to the low attendance. The operation of the Bakersfield College pool is being deleted as it is the lowest attended pool. The City operates two other pools in the area, Siemon and Jefferson, and the College has requested that we reduce the hours we operate the pool. Bakersfield, California, April 5, 1978 - Page 6 Sports The sports budget which totals $103,205 is up $2,100. Two programs are being recommended for elimination in this sub-program: physical conditioning and the free tennis clinic with a resultant savings of $1,300. The physical conditioning program is not meeting its original intent. The deletion of the free tennis clinic will create more open tennis play on City courts which are now overcrowded and the City's regular tennis lesson program is at a minimal cost for anyone that desires to participate. This decrease in the budget is offset by higher regular salaries and higher payments to the Player Medical Benefit Fund due to the greater number of teams in the softball and youth basketball programs. These insurance costs are however fully reimbursed to the City by the team participants. Parks and Playgrounds This budget which totals $109,430 is up $2,375. This results from proposed programs at three new City parks: Kroll Way, Grissom and Castle. California Avenue Neighborhood Facility The California Avenue Park Neighborhood Facility budget which totals $168,845 is up $5,945. This increase primarily results from higher utility costs for electricity and gas. This increase is offset by the reduction of one-half the funding for two programs: Girls Drill Team and Adult Fast Pitch. The Girls Drill Team program is experiencing low attendance and many of the softball teams are now participating in the City's other softball programs. In conclusion, this Committee concurs with the recommendations discussed above and recommends adoption of the proposed Recreation Budget for the 1978-79 fiscal year. After discussion, upon a motion by Councilman Christensen, Auditorium-Recreation Committee Report No. 1-78 regarding Recreation Budget for 1978-79 Fiscal Year, was accepted; and Recreation Budget for Fiscal Year 1978-79, was approved, by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None 36 Bakersfield, California, April 5, 1978 - Page 7 CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4221 to 4325, inclusive, in the amount of $258,348.32. (b) Public Utility Easement from Frank St. Clair, Arlana St. Clair, Maurice St. Clair and Lois St. Clair, as required for Parcel Map No. 4612. (c) Street Right-of-Way Deed from R. A. Wadsworth Builder, Inc., for construction of Auburn Street between Fairfax Road and Tartan Place. (d) Map of Tract No. 3943 and Improvement Agreement for construction of improve- ments therein located north of Auburn Street and south of Highland High School. (e) Application for Encroachment Permit from Lance Bowman, 3813 April Street, Bakers- field, for construction of grape stake fence, 6 foot high, adjacent to sidewalk along the Alum Street side at northwest corner of Alum Street and April Street. (f) Request from Carver Development for amend- ment to the General Plan for property located north of Stockdale Highway, south of Marsha Street and west of Village Lane. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Medders, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price for Sewer Cleaner Pump, Reel and Related Equipment. Bakersfield, California, April 5, 1978 - Page 8 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Section 14.04.125 to the Municipal Code amending Section 13.301 of the Uniform Fire Code, 1976 Edition by adding Subsection (f) thereto, concerning alternatives to Water Requirements for Fire Protection. Under existing provisions of the Uniform Fire Code an approved water supply capable of supplying required fire flow for fire protection must be provided to all premises in the City upon which buildings are constructed. The proposed ordinance would provide an alternative to prospective builders in areas having an insufficient water supply system for purposes of fire protection and permit them to build, provided required separation between all structures in such areas is maintained. The Planning Commission recommends adoption of the proposed ordinance. Mr. Leo Shamblin, Jr., representing property owners in the Rio Bravo area, stated they are aware of the water supply problems in that area but questioned the proposed ordinance. Fire Chief Needham stated that the proposed ordinance sets out a distance between houses that he feels is safe. If a fire starts in one structure it will not create a situation where the rest of the community will burn down. With the aid of a blackboard Chief Needham demonstrated how the homes could be staggered and diagonally meet the distance requirements of the proposed ordinance. After a lengthy discussion, Councilman Rogers suggested that the members of the staff and the property owners meet and discuss this proposed ordinance. Vice-Mayor Medders suggested that the City Manager and property owners,who are in the audience, set a time and place of meeting and announce it at the end of the Council Meeting. 38 Bakersfield, California, April 5, 1978 - Page 9 This change subject Dwelling) Zone Church) Zone. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Section 14.04.125 to the Municipal Code amending Section 13.301 of the Uniform Fire Code, 1976 Edition by adding Subsection (f) thereto, concerning alter- natives to Water Requirements for Fire Protection. First reading of an Ordinance amend- ing Title Seventeen of the Municipa~ Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Morning Drive and College Avenue Intersection. This amendment was requested by Vantage Homes 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, to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone, and to a C-2-D (Commercial - Architectural Design) Zone. The Planning Commission approved and adopted the Negative Declaration, posted and advertised March 10, 1978, found the proposed zoning consistent with the General Plan and recommended approved 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 southwest corner o£ Morning Dirve and College 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 north side of East Brundage Lane, between Hayes and Clyde Streets. amendment was requested by E. L. Carter and would property from an R-2 (Limited Multiple Family to an R-2-CH (Limited Multiple Family Dwelling - Bakersfield, California, April 5, 1978 - Page l0 39 The Planning Commission approved and adopted the Negative Declaration, posted and advertised March 8, 1978, found the pro- posed 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 Bakers£ield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north side of East Brundage Lane, between Hayes and Clyde Streets. Reception of Certificate of Election from Kern County Clerk of all Votes Cast for City of Bakersfield's Special Annexation Election, Measure "D", at the Consolidated Special Election held March 7, 1978. Upon a motion by Councilman Sceales, Certificate of Election from Kern County Clerk of all Votes Cast for City of Bakersfield's Special Annexation Election, Measure "D", at the Consolidated Special Election held March 7, 1978, was received and ordered placed on file. The results of the election were as follows: Total number of registered voters in all precincts: 1,062 MEASURE "D" Shall Kern City be annexed to the City of Bakersfield and the property in such territory be, after such annexation, subject to taxation equally with the property within the City of Bakersfield, YES 159 to pay the bonded indebtedness of the City of Bakersfield outstanding, for NO 656 the acquisition, construction or completion of municipal improvements? TOTAL VOTES CAST 849 Adoption of Resolution No. 35-78 de- claring results of Special Kern City Annexation Election and recording unfavorable vote. Upon a motion by Councilman Ratty, Resolution No. 35-78 declaring result of Special Kern City Annexation Election and 4O Bakersfield, California, April 5, 1978 - Page ll recording unfavorable vote, call vote: Ayes: Councilmen Barton, Sceales, Noes: None Absent: None was adopted by the following roll Christensen, Medders, Ratty, Rogers, Strong Vice-Mayor Medders announced that the meeting between the City staff and property owners from the Rio Bravo area to discuss the proposed ordinance concerning a~ternatives to water requirements for fire protection will be held Monday, April 10, 1978 in the Council Chambers of City Hall at 7:00 P.M. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:20 P.M. MAY~he~ity~of Bakersfield , Calif. ATTEST: ~Ka~Ex_O~ CITY C nd Clerk of the of theYCity of Bakersfield, California ma Council Bakersfield, California, April 12, 1978 41 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 12, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. Paul Stewart member of the High Council of the Church of Jesus Christ of Latter-. Day Saints. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong Councilman Barton Minutes of the regular meeting of April 5, 1978 were approved as presented. CORRESPONDENCE After discussion, upon a motion by Councilman Medders, communication from the State Department of Transportation, dated April 6, 1978, regarding Community Noise Program, was received, ordered placed on file and the Public Works Department was directed to notify the State Department of Transportation of noise problems existing within this area. Upon a motion by Councilman Medders, communication from State Department of Employment, dated April 7, 1978, extending an invitation to the Mayor and Council to attend the Kern County Veterans Employment Committee Awards Banquet to be held May 3, 1978 at 6:30 P.M., at the American Legion Post 26, 2020 "H" Street, was received and ordered placed on file. REPORTS Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 3-78 regarding Contract with Nicholas Counter III for Fiscal Year 1978-79 Employee Negotiations, as follows: The Governmental Efficiency and Personnel Committee has reviewed with the staff the services rendered by Nicholas Counter during Bakersfield, California, April 12, 1978 - Page 2 the past year as the City's chief negotiator. It is our opinion that Mr. Counter represents the City in a fair and equitable manner and should be retained in this capacity. This year's contract is in the amount of $1,000 per month for a period of one year. This is an increase of approximately $1,600 over last year. However, the Committee is of the opinion that this increase is justified. At the time the original retainer with Mr. Counter was first established, there were only two recog- nized employee organizations; now there are three. Also since the time of the initial retainer arrangements, the Attorneys' hourly costs have increased. The GEP Committee is satisfied with this arrangement and is recom- mending Council approval of the attached agreement. Councilman Christensen questioned the staff regarding the contract with Nicholas Counter and pointed out several reasons why County officials are satisfied with their full time labor negotiator. Councilman Christensen also stated he supports re- newing Mr. Counter's contract this year, but in future years he would like the Council to consider the possibility of hiring a full time negotiator. After discussion, upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 3-78 regarding Contract with Nicholas Counter III for Fiscal Year 1978-79 Employee Negotiations, was accepted; and agreement with was approved and the Mayor was authorized Nicholas Counter III, to execute same. CONSENT CALENDAR The following items were listed on the Consent (a) Allowance of Claims Nos. 4326 to 4409, inclusive, in the amount of $910,207.58. (b) Notice of Completion and Acceptance o£ Work for Truxtun Avenue Extension (Phase 1A) between City Corporation Yard and Police Pistol Range - Contract No. 78-15 with J. W. Mitchell Co. (¢) Notice of Completion and Acceptance of Work for Northwest Bakersfield Drain, Phase IV - Contract No. 77-182 with Granite Construction Co. Calendar: Bakersfield, California, April 12, 1978 - Page 3 43 (d) Application for Encroachment Permit from Charles Sproule, 3300 "Q" Street, for construction of 4 foot high picket or split rail fence at back of sidewalk area at northwest corner of 33rd and "Q" Streets. The Public Works Department recommends approval of application subject to owner constructing curb, gutter and sidewalk along entire frontage and providing a corner cut-off so that the encroachment will not interfere with vehicular traffic. Upon and (d) of the roll call vote: a motion by Councilman Ratty, Items (a), (b), (c) Consent Calendar, were adopted by the following Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: Councilman Barton DEFERRED BUSINESS Adoption of Ordinance No. 2408 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Morning Drive and College Avenue Intersection. The application for this zone change was made by Vantage Homes and would change subject property 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-2-D (Commercial - Architectural Design) Zones. Upon a motion by Councilman Rogers, Negative Declaration and Ordinance No. 2408 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southwest corner of Morning Drive and College Avenue Intersection, finding said zonings consistent with the 44 Bakersfield, California, April 12, 1978 - Page 4 General Plan, were adopted by the following roll call vote: Ayes Councilmen Medders, Ratty, Rogers, Sceales, Strong, Christensen Noes None Absent: Councilman Barton Adoption of Ordinance No. 2409 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 East Brundage Lane, between Hayes and Clyde Streets. The application for this zone change was made by E. L. Carter and would change subject property from an R-2 (Limited Multiple Family Dwelling) Zone to an R-2-CH (Limited Multiple Family Dwelling - Church) Zone. Upon a motion by Councilman Strong, Negative Declaration and Ordinance No. 2409 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 East Brundage Lane, between Hayes and Clyde Streets, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: Councilman Barton Deferral of action on an Ordinance of the Council of the City of Bakersfield adding Section 14.04.125 to the Municipal Code amending Section 13.301 of the Uniform Fire Code, 1976 Edition, by adding Sub- section (f) thereto, concerning alternatives to Water Requirements for Fire Protection. Upon a motion by Councilman Rogers, action on an Ordinance of the Council of the City of Bakersfield adding Section 14.04.125 to the Municipal Code amending Section 13.301 of the Uniform Fire Code, 1976 Edition, by adding Subsection (f) thereto, Bakersfield, California, April 12, 1978 - Page 5 concerning alternatives to Water Requirements for Fire Protection, was held over until the Council Meeting of April 19, 1978. NEW BUSINESS Approval of Island Annexation boundaries designated as New Stine No. 1. Upon a motion by Councilman Sceales, Island Annexation boundaries designated as New Stine No. 1, containing 2.54+ acres of inhabited territory, located on the southeast corner of New Stine Road and Demaret Avenue, were approved and referred to the City Engineer and City Attorney for submittal to LAFCO. Report on construction of Chester Avenue between 24th Street and Garces Circle. Public Works Director Hawley reported that the con- struction of Chester Avenue between 24th Street and Garces Circle has been delayed for at least a month due to the rainy weather and the latest estimated completion date is May 25, 1978. HEARINGS This is the time set for public hearing before the Council on Resolution of Intention No. 930 of the Council of the City of Bakersfield declaring its intention to order the vacation of the Alley in Block 355, between "H" and Eye Streets, north of 14th Street, in the City of Bakersfield. This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 36-78 of the Council of the City of Bakersfield ordering the vacation of the Alley in Block 355, between "H" and Eye Streets, north of 46 Bakersfield, California, April 12, 1978 - Page 6 Ayes: Noes: Absent: 14th Street, following roll call vote: Councilmen Christensen, Strong None Councilman Barton in the City of Bakersfield, was adopted by the Medders, Ratty, Rogers, Sceales, ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 8:40 P.M. Calif. ATTEST: CITY CL~ and Ex-Off~io Clerk of the Council of the City of Bakers~eld, California ma Bakersfield, California, April 19, 1978 Minutes of a regular meeting o£ the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 19, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Absent: None Minutes of the approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Jack Winter, 206 Pacific Street, regular meeting of April 12, 1978 were requested that the Council do something about the glare from a street light in the alley by his house. After discussion, Mayor Hart indicated to Mr. Winter that he would contact Mr. Thornall of Pacific Gas and Electric Company to see if something could be worked out. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Kern County Supervisor Trice Harvey, dated April 17, 1978, regarding Mr. & Mrs. Ralph Williams' intention to de-annex their property which is located within the Wible No. 2 Annexation area, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from R. C. Kuhn & Company, Certified Public Accountants, dated April 18, 1978, regarding their interest in conducting the annual audit for the City of Bakersfield, was received and referred to the Budget Review and Finance Committee for study and recommendation. COUNCIL STATEMENTS Upon a motion by Councilman Rogers, communication from Jack Millard, Manager of the Downtown Branch of the Bank of America, dated April 13, 1978, to Police Chief Robert Price expressing Bakersfield, California, April 19, 1978 - Page 2 appreciation for the Police Department's speed and excellent action in the apprehension of a suspect in a kidnapping and armed robbery, was received and ordered placed on file. Upon a motion by Councilman Barton, Mr. Lynn Edwards, 531 - 9th Street, was appointed to the California Avenue Park Neighborhood Facility Citizens Advisory Committee. Upon a motion by Councilman Sceales, Mrs. Mary Prewett, 2931 Park Way, and Mr. Gerald Van Horn, 2901 Panorama Drive, were reappointed to the Planning Commission, terms expiring April 17, 1982. REPORTS Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 2-78 regarding Purchase of Civic Center Property, as follows: In March of 1977, the City Council reaffirmed its policy for the Civic Center Plan upon the recommendation of the Planning Commission. This long-range plan provides for the acquisi- tion of property, as it becomes available, in the blocks directly south of City Hall and the Police Building for the purpose of future expansion of City departments and providing public and employee parking as required. In accordance with this plan, the property commonly known as the "Sanitex property" (see attachment) has become available for purchase. The property appraisal obtained by the City indicates the cost of $215,000 is appropriate. Funds are available within the current year's budget to finance the purchase. The capital improvement program contains the following two items which will not be utilized: (a) Haley Street Sewer Pump Station - $105,000; the City has entered into an agreement with the County to provide sewer services for the College Heights shopping center and as a result, the pump station will not be required. (b) New Corporation Yard - Water Division building - $121,500. Water Division operations will be incorporated into the Public Works facilities and as a result, a separate building will not be required. Therefore, this Committee recommends the following: (1) Authorize the City Attorney to proceed with the purchase. Bakersfield, California, April 19, 1978 - Page 3 49 (2) Authorize the use of the funds described above to finance the acquisition. (3) Authorize the staff to negotiate a lease for the building subject to the future growth requirements of the City. Upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 2-78 regarding Purchase of Civic Center Property, was accepted; the City Attorney was authorized to proceed with the purchase of the "Sanitex Property"; use of funds previously budgeted for the Haley Street Sewer Pump Station and New Corporation Yard - Water Division building, were authorized for acquisition of the "Sanitex property"; and the staff was authorized to negotiate a lease for the building subject to future growth requirements of the City. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4410 to 4509, inclusive, in the amount of $221,587.25. (b) Claim for Damages from Pacific Telephone and Telegraph Company. (Refer to City Attorney) (c) Map of Tract No. 3867 "A" and Improvement Agreement for construction of improvements therein - located north of Auburn Street and east of Fairfax Road. (d) Map of Tract No. 4038 and Improvement Agreement for construction of improve- ments therein - located north of Planz Road and east of Larson Lane. (e) Notice of Completion and Acceptance of Work on Standby Air Conditioning System for Communications Section of the Police Department - Contract No. 77-157 with J. E. Stanley Co. (f) City of Bakersfield, Standard Drawing No. S-l, Curb and Gutter Types "A", "B" and "C". This standard drawing has been revised to include a standard of roll top curb, designated Type "C" to be permitted in mobile home parks, mobile home subdivisions and RS-2~-A Zones. (g) Grant Deed from California Republic Bank for Eye Street adjacent to California Republic Bank. 5O Bakersfield, California, April 19, 1978 - Page 4 (d), following roll Ayes: Noes: Absent: Upon a motion by Councilman Ratty, Items (a), (b), (c), (e), (f) and (g) of the Consent Calendar, were adopted by the call vote: Councilmen Medders, Ratty, Rogers, Barton, Christensen None None ACTION ON BIDS Upon a motion by Councilman Medders, Sceales, Strong, usual bidding requirements were dispensed with, in accordance with Section 5.20.060 of the Municipal Code, and the Acting Finance Director was authorized to negotiate a price, not to exceed the budgeted amount, for 18 Portable Radios for the Police Department with Motorola Communications and Electronics. DEFERRED BUSINESS Adoption of Ordinance No. 2410 New Series of the Council of the City of Bakersfield adding Section 14.04.125 to the Municipal Code amending Section 13.301 of the Uniform Fire Code, 1976 Edition, by adding Subsection (f) thereto, concerning Alternatives to Water Requirements for Fire Protection. After discussion, upon a motion by Councilman Rogers, Ordinance No. 2410 New Series of the Council of the City of Bakers- field adding Section 14.04.125 to the Municipal Code amending Section 13.301 of the Uniform Fire Code, 1976 Edition, by adding Subsection (f) thereto, concerning Alternatives to Water Require- ments for Fire Protection, was adopted by the following roll call vote Ayes Noes Absent: Councilmen Medders, Barton, None None Ratty, Rogers, Sceales, Strong, Christensen Bakersfield, California, April 19, 1978 - Page 5 51 NEW BUSINESS 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 north of Ming Avenue and east of Gosford Road. This amendment was requested by Tenneco Realty Develop- ment Corporation and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission approved the Negative Declaration, advertised and posted March 21, 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 located north of Ming Avenue and east of Gosford of Bakersfield Road. Adoption of Resolution No. 37-78 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. 262 (New Stine No. 1). This resolution is the first step in preliminary pro- ceedings for annexation of an island under the new law effective January, 1978. The next step is a hearing before LAFCO, after which, proceedings are conducted by the Board of Supervisors. Upon a motion by Councilman Sceales, Resolution No. 37-78 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. 260 (New Stine No. 1), was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Barton, Christensen Noes: None Absent: None Sceales, Strong, Bakersfield, California, April 19, 1978 - Page 6 Approval of Agreement between the City and Mr. & Mrs. Leroy Puslay for operation of Concession Stand at Beach Park. Upon a motion by Councilman Medders, Agreement between the City and Mr. & Mrs. Leroy Puslay, 2821 Parkway, for operation of Concession Stand at Beach Park, was approved and the Mayor was authorized to execute same. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 8:45 P.M. AY~f/~e City of Bakersfield, Calif. ATTEST: Co~TtYhCeL~tKyaondf ~rfsf~.~d,Cl~lki~ofrtn~ea Council ma Bakersfield, California, April 26, 1978 53 Present: Absent: Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 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 Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders None Minutes of the regular meeting of April 19, 1978 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Sidney P. Chapin, President of the Board of Directors of the Kern Philharmonic, requested that the Council increase the appropriation for the Kern Philharmonic Orchestra from $400.00 to $10,000.00 per year and then outlined the reasons for this request. Mr. John Farrer, Music Director of the Kern Philharmonic Orchestra, stated that they cannot economize because most of the musicians in the orchestra are members of the American Federation of Musicians, Local 263, and must be paid wages in accordance with union scale for the concerts. Mr. Clifford Silveira, member of the Board of Directors for the Kern Philharmonic, stated that he hopes the Council will support this request for an increase in funds appropriated by the City. CORRESPONDENCE Upon a motion by Councilman Sceales, communication from Robert M. Moss Accountancy Corporation, Certified Public Accountants, dated April 20, 1978, regarding their interest in conducting the annual audit for the City of Bakersfield, was received and referred to the Budget Review and Finance Committee for study and recom- mendation. 54 Bakersfield, California, April 26, 1978 - Page 2 Upon a motion by Councilman Ratty, communication from Elmer Fox, Westheimer & Co., Certified Public Accountants, dated April 24, 1978, submitting a proposal for the audit of financial statements of the City of Bakersfield for year ending June 30, 1978, was received and referred to the Budget Review and Finance Committee for study and recommendation. Upon a motion by Councilman Sceales, request from members of the Kern Philharmonic Orchestra to increase their appropriation from $400.00 to $10,000.00 per year, was referred to the Auditorium- Recreation Committee for study and recommendation. Upon a motion by Councilman Sceales, communication from Kern County Supervisor Trice Harvey, dated April 24, 1978, regarding traffic problem at the intersection of Gilmore Avenue and Pierce Road, was received and referred to the Traffic Authority for study and recommendation. COUNCIL STATEMENTS Upon a motion by Councilman Rogers, Mr. Jeff Lunsford, 2818 Blade Avenue, was appointed to the Citizens Auditorium- Recreation Committee, term expiring January 3, 1980. Upon a motion by Councilman Sceales, Mr. W. R. Lamb, 5101 Belle Terrace, No. 36, was appointed to the Citizens Auditorium- Recreation Committee, term expiring January 3, 1981. Upon a motion by Councilman Sceales, Mr. Arthur Williams, 3518 E1 Potrero Lane, was appointed to the California Avenue Park Neighborhood Facility Citizens Advisory Committee. REPORTS Councilman Sceales, Chairman of the Intergovernmental Relations Committee, read Report No. 1-78 regarding Animal Shelter, as follows: The Intergovernmental Relations Committee and Staff have met several times during the past year with representatives of the SPCA and the County of Kern regarding animal shelter and animal control. During these sessions, the Bakersfield, California, April 26, 1978 - Page 3 subject of the City contracting with the SPCA or the County for these two services was discussed in detail. As a result, this Com- mittee is of the opinion that the City's interest would be better served if we were to continue the present arrangement with the County of Kern for animal shelter. The County has informed us of their intentions to build a new animal shelter near the present pound site within the next few years. Monies are included in the County Health Department's 1978-79 budget for architectural fees and hopefully construction will begin the following year. Under the present contract with the County, which expires June 30, 1979, the City is providing the pound facility at no cost to the County and, in turn, they are providing an equitable animal shelter program to all residents within the Bakersfield area. This Committee, as well as the County repre- sentatives, realize that the present facility is inadequate, therefore, we have agreed in concept that this facility will not be made available to the County after July 1, 1983. The City's Planning Commission approved this five-year usage at their meeting of April 19, 1978. During this time period, the City and County will continue the present lease agree- ment on an annual basis and also work towards relocating the pound site. It is our intention to enter into a new agree- ment during this five-year period whereby the City will provide a mutually agreeable land site for a new facility if the County will agree to all building and operational costs on an on-going basis. In order to implement this animal shelter program, this Committee is recommending that the Mayor write a letter to the Kern County Board of Supervisors con- veying the City's intentions as outlined in this report. In regards to animal control, the City and the SPCA will continue discussions and hopefully arrive at a mutually agreeable solution to this problem in the near future. After considerable discussion, upon a motion by Council- man Sceales, Intergovernmental Relations Committee Report No. 1-78 regarding Animal Shelter, was accepted; and the Mayor was requested to write a letter to the Kern County Board of Supervisors conveying the City's intentions regarding animal shelter and control as out- lined in the report, by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None 56 Bakersfield, California, April 26, 1978 - Page 4 The (a) (b) (c) (d) (e) Upon (d) and (e) of roll call vote: Ayes: Noes: Absent: CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claims Nos. 4510 to 4680, inclusive, in the amount of $397,940.61. l~ap of Tract No. 3791 and Improvement Agreement for construction of improve- ments therein - located at southeast corner of Planz Road and Akers Road. Map of Tract No. 3931 "A" and Improvement Agreement for construction of improvements therein - located south of White Lane and east of Akers Road. Map of Tract No. 3932 "A" and Improvement Agreement for construction of improvements therein - located south of White Lane and west of Akers Road. Resolution of Intention No. 932 of the Council of the City of Bakersfield, declaring its intention to order the vacation of "P" Street between Freeway Route 178 and 25th Street, in the City of Bakersfield, and setting Wednesday, May 17, 1978 for hearing on the matter before the Council. a motion by Councilman Ratty, Items (a), (b), (c), the Consent Calendar, were adopted by the following Councilmen Ratty, Rogers, Sceales, Christensen, Medders None None ACTION ON BIDS Upon a motion by Councilman Ratty, Strong, Barton, low bid of Valley Tree and Construction for demolition and removal of structures at various locations, Phase III, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of Lougee- Michael Equipment Company for Motor Grader, was accepted and the other bid rejected. Bakersfield, California, April 26, 1978 - Page 5 DEFERRED BUSINESS Adoption of Ordinance No. 2411 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 north of Ming Avenue and east of Gosford Road. The application for this zone change was made by Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone. Upon a motion by Councilman Sceales, Negative Declaration and Ordinance No. 2411 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 north of Ming Avenue and east of Gosford Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Noes: None Absent: None Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Upon a motion by with William L. Main, Inc. was approved and the Mayor Approval of Union Local Concerts in Upon a motion by Musicians' Union Local 263 Beale Park commencing June 1978, NEW BUSINESS Approval of Revised Agreement with William L. Main, Inc., for Security Transport of prisoners. Councilman Barton, Revised Agreement , for Security Transport of prisoners, was authorized to execute same. Contract with Musicians' 263 for Seven Band Beale Park. Councilman Medders, Contract with for seven Band Concerts to be held in 18, 1978 and extending through July 30, was approved and the Mayor was authorized to execute same. Bakersfield, California, April 26, 1978 - Page 6 Approval of Annexation boundaries designated as Pacheco No. 7. Upon a motion by Councilman Sceales, Annexation boundaries designated as Pacheco No. 7, containing approximately 55 acres of uninhabited territory, generally located north of Pacheco Road, westerly of Hughes Lane and easterly of Wible Road, were approved and referred to the City Engineer and City Attorney for preparation of appropriate documents for initiation of preliminary proceedings. Approval of Annexation boundaries designated as Pacheco No. 8. Upon a motion by Councilman Barton, Annexation boundaries designated as Pacheco No. 8, containing 39 + acres of uninhabited territory, located southerly of Pacheco Road, easterly of Green- field Junior High School, to the existing City Limits, were approved and referred to the City Engineer and City Attorney for preparation of appropriate documents for initiation of preliminary proceedings. HEARINGS This is the time set for public hearing before the Council on Resolution of Intention No. 931 of the Council of the City of Bakersfield declaring its intention to order the vacation of a five-foot Public Utilities Easement in Drake Street east of Block 469-D and north of 24th Street, in the City of Bakersfield. This hearing has been duly advertised and posted. Mayor Hart declaring 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. 38-78 of the Council of the City of Bakersfield ordering the vacation of a five-foot Public Utilities Easement in Drake Street east of Block 469-D and north of 24th Street, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Christensen, Medders Noes: None Absent: None Strong, Barton, Bakersfield, California, April 26, 1978 - Page 7 59 Council, adjourned at ADJOURNMENT There being no further business to come before the upon a motion by Councilman Ratty, the meeting was 9:00 P.M. MAYOR ersfield, Calif. ATTEST: CITY~RK a E~Clerk of the Council of the City of Bakesfield, California ma 60 Bakersfield, California, May 3, 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., May 3, 1978. The meeting was called to order by Mayor Hart followed Invocation by Councilman Donald A. by the Pledge of Allegiance and Rogers. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty held Wednesday, of City Hall. Mayor Hart declared a brief recess at May 10, 1978, at 4:00 P.M., in the Council Chambers RECESS 8:10 P.M. and the Council reconvened at 8:15 P.M. None Minutes of the regular meeting of April 26, 1978 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Mac Ryan, representing the Board of Directors of the Park Stockdale Civic Association, presented petitions containing over 1,000 signatures from residents of the Park Stockdale and Kern City area, protesting the action of the City's Water Board in adding a 50% surcharge to their water rates and requesting that said surcharge be rescinded. Mr. Ryan then read a prepared statement of the Park Stockdale Civic Association, Inc., dated May 3, 1978, protesting the surcharge which equals 50% of the billing rate, a 35% increase in the general billing rate and requesting copies of certain documents of the Water Board. Councilman Rogers stated that the information requested by the Park Stockdale Civic Association and other persons would be supplied as soon as possible and the proper place to answer the questions would be at the next Water Board meeting which will be Bakersfield, California, May 3, 1978 - Page 2 61 Mayor Hart introduced members of Girl Scout Troop No. 35, who were present in the audience to observe the Council Meeting. CORRESPONDENCE Upon a motion by Councilman Medders, communication from The Circle K Corporation, 2218 Brundage Lane, Suite A, dated April 24, 1978, requesting annexation of property located at the northeast corner of Harris Road and Stine Road, was received and referred to the Planning Commission for study and recommendation. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4681 to 4804, inclusive, in the amount of $1,071,358.10. (b) Claim for Damages from Linda Fittante and Lisa Fittante, 19909 Esquiline Ave., Walnut, California. (Refer to City Attorney) (c) Street Right-of-Way Deed from Paul L. and Kathryn C. Steele, Duane L. and Michelle A. Garrett, Kenneth D. and Iris J. Russelland Patrick D. and Joyce M. Neff, as required by the Planning Com- mission for Parcel Map No. 4486. (d) Map of Tract No. 3838 "D" and Improvement Agreement for construction of improvements therein - located south of Auburn Street, south of Highland High School. (e) Map of Tract No. 3868 and Improvement Agreement for construction of improve- ments therein located north of Auburn Street and east of Highland High School. (f) Map of Tract No. 3883 and 3884 and Improve- ment Agreement for construction of improve- ments therein located in Quailwood on Saddleback Drive, west of E1 Rio Drive. (g) Map of Tract No. 4028 - located north of West Columbus Street and west of Union Avenue. (h) Notice of Completion and Acceptance of Work for improvements in Tract No. 3870 - Contract No. 77-63 with Tenneco Realty Development Corporation. (i) Notice of Completion and Acceptance of Work for improvements in Tract No. 3871 - Contract No. 77-64 with Tenneco Realty Development Corporation. 62 Bakersfield, California, May 3, 1978 - Page 3 (J) Notice of Completion and Acceptance of Work for improvements in Tract No. 3879 - Contract No. 77-82 with Gannon Enterprises, Inc. (k) Notice of Completion and Acceptance of Work for Security Lighting at the New Corporation Yard - Contract No. 78-31 with Galland Electric. (1) Notice of Completion and Acceptance of Work for Storm Drain Construction at "N" Street (4th Street to California Avenue) and 4th Street ("L" Street to "N" Street) - Contract No. 77-202 with Micon Construction. (m) Plans and Specifications for construction of Irrigation System in Quailwood Park. (n) Plans and Specifications for construction of Security Lighting System in Quailwood Park. (o) Request from the Atchison, Topeka and Santa Fe Railway Company for vacation of the alleyways in Blocks 351 and 352, located north of 14th Street between "K" and "M" Streets. (Refer to Planning Commission for study and recommendation) 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 Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None NEW BUSINESS Adoption of Resolution No. 39-78 of the Council of the City of Bakers- field amending objectives, criteria and procedures and the preparation of Environmental Documents supple- mentary to California Environmental Quality Act and the State EIR Guide- lines and superseding City of Bakers- field Resolution No. 24-77. Upon a motion by Councilman Medders, Resolution No. 39-78 of the Council of the City of Bakersfield amending objectives, criteria and procedures and the preparation of Environmental Documents supplementary to California Environmental Quality Act Bakersfield, California, May 3, 1978 - Page 4 63 and the State EIR Guidelines and superseding City of Bakersfield Resolution No. Ayes: Noes: Absent: 24-77, was adopted by Councilmen Rogers, Sceales, Medders, Ratty None None the following roll call vote: Strong, Barton, Christensen, Report from City Manager regarding Financial Status of the City. City Manager Bergen stated that the Budget Review and Finance Committee requested that the entire Council be presented the financial condition of the City, especially as it may telale to the 1978-79 budget and the implications of the Jarvis-Ganns Amendment. It is pleasing to report that the City is in sound financial condition because the Council has supported prudent financial policies and orderly growth, and the City has lived within its continuing income level. Without the passage of the Jarvis-Ganns Amendment the City can fund the budget, as will be recommended by the City Manager, and provide the property taxpayers with approximately a 75~, per $100.00 assessed valuation, tax reduction this year. That would change the present tax rate from $2.57 to approximately $1.85. The Manager's budget recommendations will include; necessary additional personnel to maintain the present level of service, somewhat reduced in areas the staff feels can be modified (for example, less tree spraying and trimming and curb side pickups); plus funds sufficient to grant salary adjustments consistent with present contract (subject to meet and confer sessions). This picture is based on the Jarvis-Ganns Amendment not passing. Mr. Bergen read from a memorandum from Finance Director D. L. Haynes, dated March 29, 1978, regarding City Financing Outlook for 1978-79, as follows: This office has conducted a preliminary study of our City Government's possible financing capacity for the coming fiscal year 1978-79. 64 Bakersfield, California, May 3, 1978 - Page 5 Our studies will continue through the current budgeting cycle with a final study to be con- cluded in mid-August 1978. Comments related to the preliminary study follow. BUILDING TRADES: Although building activity in the Bakersfield area appears to have reached its peak, we expect a healthy level of building activity to continue within the City limits through 1978 and on into 1979. However, it is expected to level off. The City has grown in area and consequently the volume of building permits issued from City Hall has grown because of area covered as well as because of building industry activity. The overall picture for the building trades remains fair. The building activity within our City limits will exceed building industry averages. RETAIL SALES: We had expected the drought to retard the growth in this year's retail sales within the City by at least $75,000,000. It did not happen. Retail sales instead may have grown beyond our estimates by more than $155,000,000 by the end of June 1978. Retail sales will continue to rise for two general reasons: First, we expect the economy of our City to continue to grow throughout the coming year. A healthy outlook for the oil industry as well as for the agricultural industry is a major contributor to our prediction. Flood conditions will have some negative effects upon the agricultural industry, but we believe most of that negative effect will have been dissipated by the fall of 1978, which is early in our fiscal year. The 160-acre limitation and Federal farm support regulations will have a negative long-term effect which should not be felt here until after 1978-79. Second, we expect an accelerated rate of in- flation, which may approach double digit figures before the end of 1978. This will yield an inflated sales volume and a higher sales tax revenue than we would receive should inflation rates remain lower. The inflation will have a delayed negative effect on the overall economy. However, the negative effect is not expected until late in our fiscal year or even after the 1978-79 year end. GENERAL FINANCIAL OUTLOOK: Generally, we project fiscal year 1978-79 to be a growth year in so far as our City Government finances are concerned. We are projecting a real growth of 4% in retail trade and an 8% inflation rate which will be reflected by a 12% increase in sales volume. Assessed valua- tions of real property should increase at least Bakersfield, California, May 3, 1978 - Page 6 65 20% because of City area growth and new con- struction. Public utility asset values will increase 15% or more for the same reason and unsecured property values are expected to increase at least 12% for an average 18.5% increase or more in City assessed valuation. The County Assessor will not re-assess property within the City of Bakersfield in time to have them reflected on the 1978-79 tax rolls. He has not re-assessed property in Bakersfield since the 1973-74 fiscal year. The 18.5% in- crease will come entirely from annexations and new construction. The City's increases in assessed valuations, since the year 1973, have all come from annexations and new construction, i.e., City growth. This growth, along with the growth in the retail trade industry within our City boundaries, accounts for the healthy financial position the City is now experiencing and also is the basis for the City's healthy financial outlook. The City Council's policies and good administrative procedures must be credited to a large degree for the healthy financial picture. Three basic policies have been significant. One is the City's annexation policy. Another has been prompt professional- level engineering, planning and building inspection services rendered to builders and developers. A third policy has been the attitude toward retail and other businesses in the form of moderate business license rates, fair treat- ment in City purchases, conscientious regulation and a cordial attitude toward out-of-town business people. In general, it would appear that the City's financial outlook for 1978-79 is again, as it was just before 1976-77, healthy enough to consider a property tax cut. You wil~ remember that in that year, the Council decided to cut the utility tax instead of the property tax as we had submitted for their consideration. I would like to point out that the City of Bakers- field's property tax rate remains high compared to many other cities and that this higher rate remains a negative factor so far as our business climate is concerned and that it remains an extra burden upon homeowners that, for some, becomes quite inequitable. I would suggest that any tax relief that becomes available this year, be applied to real property because I believe it would best stimulate further growth in our City economy. I submit that continued City growth may form the best basis for a continued healthy outlook in our City Govern- ment finances in future years. A property tax cut, as conditions now appear, seems to be possible. However, this is predicated upon present tax assessment laws remaining unchanged and the passage of the Jarvis-Ganns Amendment would, of course, change the picture. 66 Bakersfield, California, May 3, 1978 - Page 7 OPERATING BUDGET FINANCES: Retail sales and vehicle license fees, which are related to the sale of automobiles, will have exceeded our estimates for the year ending June 30, 1978. Hotel room taxes and interest rates will have exceeded estimates made last August. Real estate sales and building activity also exceeded our expectations. The result will be a healthy carry-over balance from the 1977- 78 budget to the 1978-79 budget year. Assistant City Manager Kelmar recapped the Estimated Summary of the Financial Condition of the City of Bakersfield for Fiscal Year 1978-79 (without passage of the Jarvis-Ganns Amendment), as follows: Carry-over Balance Payroll Reserve Reduction Estimated Revenues other than Property Taxes Property Taxes Available Resources Proposed Budget Available for Property Tax Relief City Manager Bergen stated that $ 3,900,000 485,000 15,475,000 7,550,000 27,410,000 24,910,000 $ 2,500,000 these figures, the 75~ per $100.00 assessed valuation or 2.5 million dollars, will reduce the property tax revenue, a continuing source of revenue. The Council must recognize that in future years, if the growth and other revenues do not increase to offset reduction, a tax increase would have to be considered. The budget being submitted by the City Manager will exceed available funds if the Jarvis-Ganns Amendment passes. The passage of the Jarvis-Ganns Amendment will result in a loss to the City of approximately $5,100,000. Taking this loss into considera- tion, and the necessary adjustment of reserves, the Council would then have to reduce the City Manager's budget by 1.6 million dollars. A budget cut of this magnitude would require reductions of service levels, i.e., personnel. The Department Heads (Public Works, Police and Fire) with the more significant budgets (approximately 80% of the total) have been requested to submit areas of possible reduction for the Council to consider. The staff is not necessarily recommending these reductions, but they are being submitted to the Council for Bakersfield, California, May 3, 1978 - Page 8 67 evaluation and consideration at this time. Assistant City Manager Kelmar recapped the Estimated Summary of the Financial Condition of the City of Bakersfield for Fiscal Year 1978-79 (with passage of the Jarvis-Ganns Amendment), as follows: Carry-over Balance Payroll Reserve Reduction Cash Basis Reserve Reduction Estimated Revenues other than Property Taxes Property Taxes Available Resources Proposed Budget Budget Deficit City Manager Bergen stated than $ 3,900,000 485,000 1,000,000 15,475,000 2~400,000 23,260,000 24,910,000 $ 1,650,000 an alternative to these reductions in service is the implementation of other sources of revenue. Mr. Bergen presented the Council with copies of a memorandum from Finance Director D. L. Haynes regarding City Financing Outlook for 1978-79, dated March 29, 1978, along with memorandums from Public Works Director Hawley, Police Chief Price and Fire Chief Needhan regarding possible service level reductions, for study. It should be noted that those recommendations include additional sources of revenue as possible alternatives. City Manager Bergen stated that he would assume that the Council would wait until after June 6th for deliberation of the Capital Improvement Budget and action on meet and confer sessions. The Council should meet and make a determination on the Operating Budget prior to the end of this month, which could be modified later. The staff feels obligated to convey to the Council that serious consideration should be given to alternate sources of revenue so that some of the possible service level reductions are not put into effect. It is felt, by the staff, citizens would probably not accept some of the reductions gracefully and might 68 Bakersfield, California, May 3, 1978 - Page 9 prefer the Council establish other sources of revenue. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 8:40 P.M. MAY ~/~akersfield, Calif. ATTEST: CITY ~ERK anglo Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, May 10, 1978 69 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 10, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegianc~ and Invocation by Mr. Stephen Austin member of the High Council of the Church of Jesus Christ of LatteT- Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Barton, Christensen, Medders, Ratty, Rogers Absent: Councilmen Sceales, Strong Minutes of the regular meeting of May 3, 1978 were approved as corrected. SCHEDULED PUBLIC STATEMENTS Mr. Laverne Twist, representing the Cherokee's 7th Clan Council in Bakersfield and the American Indian Council, invited the Mayor and Council to attend the American Indian Days and Pow- Wow to be held Saturday, May 13th and Sunday, May 14th at the Kern County Fairgrounds. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from George A. Olsen, 309 Jamaica Way, dated May 5, 1978, objecting to the 50% surcharge added to the water bills in the Stockdale Estates area, was received and referred to the Water Board. COUNCIL STATEMENTS Councilman Rogers reported that the Water Board meeting, held this afternoon at 4:00 P.M., was attended by a number of people from the unincorporated Stockdale area who were objecting to the increase on their water rates. There was nothing concluded at this meeting and the people representing that area wanted time to study the documents provided by the City and they will come back to the Water Board at a later date. 7O Bakersfield, California, May 10, 1978 - Page 2 REPORTS Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read Report No. 4-78 regarding Reorgani- zation of the City Finance Department, as follows: Due to the unfortunate death of the City's Finance Director, Denny Haynes, the Govern- mental Efficiency and Personnel Committee recently met with the staff and reviewed the organization of the Finance Department. In order to assure the City Council and the City residents that this function of govern- ment will continue to operate on a sound, fiscal basis, as it has while under the controls of Mr. Haynes, this Committee is recommending several changes from the present departmental structure. As the Council will recall, the Finance Depart- ment operated for several years with a Finance Director and an Assistant Finance Director. In 1977 the Assistant, Philip Kelmar, moved into the City Manager's office as an Assistant City Manager. Mr. Kelmar has an extensive educational and experienced background in both public and private finance. With this back- ground, we are convinced that he would be a very capable person to head this City's finance operations. We are therefore recommending that the overall management of the Finance Depart- ment be placed under him at the Assistant City Manager classification and that the vacant Finance Director classification be reclassified to Finance Operations Manager at a salary level of approximately ten percent less than the present range. Adjustments in the Assistant City Manager's salary range for these additional responsibilities will be considered during regular budget hearings. This classification of Finance Operations Manager will be in charge of the day-to-day operations of the Finance Department and would answer directly to the Assistant City Manager-Finance. Attached to this report is the present organi- zational chart of the Finance Department and our proposed reorganization. This plan has been discussed with the City's outside auditor and he is in complete agreement with this reorganization. In order to implement this plan, the GEP Com- mittee is recommending Council approval of the following: (1) Reclassify the Finance Director classifi- cation to Finance Operations Manager. (2) Approve the attached salary resolution establishing a salary range for the Finance Operations Manager at $2,025 to $2,464 per month. Bakersfield, California, May 10, 1978 - Page 3 7! (3) Approve the attached changes in the job specifications for Assistant City Manager. (4) Approve the title change of Assistant to the Finance Director to Purchasing-Cash Management Officer. (This change is necessary since the title of Finance Director no longer exists. Also, this new title more clearly defines the job responsibilities of this position.) Upon a motion by Councilman Rogers, Governmental Efficiency and Personnel Committee Report No. 4-78 regarding Reorganization of the City Finance Department, was accepted; reclassification of the Finance Director classification to Finance Operations Manager, was approved; change in job specifications for Assistant City Manager, was approved; and title change of Assistant to the Finance Director to Purchasing-Cash Management Officer, was approved. Adoption of Resolution No. 40-78 of the Council of the City of Bakers- field amending Resolution No. 51-77, setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Rogers, Resolution No. 40-78 · of the Council of the City of Bakersfield amending Resolution No. 51-77, setting salaries and related benefits for Officers and Employees of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilmen Sceales, Strong City Manager Bergen stated last week the staff reported on the 1978-79 budget and Councilman Christensen and later the Budget Review and Finance Committee requested additional informa- tion on alternate sources of revenue and the effect that the Jarvis- Gann Amendment would have on the City Council's ability to implement alternate sources of revenue. Mr. Bergen presented the Council with a summary entitled "Alternative Revenue Sources" and a report by James A. Doherty, Assistant City Attorney of Los Angeles, Bakersfield, California, May 10, 1978 - Page 4 entitled "Analysis and Implications of Jarvis-Gann Initiative," and stated this could be discussed next week. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4805 to 4881, inclusive, in the amount of $236,558.31. (b) Claim for Damages from Garone Cattle Corporation, 2001 East Hosking Road, Bakersfield. (Refer to City Attorney) (c) Grant Deed from Lowell and Sharon Milton, Robert and Dona Thompson, Richard and Ruth Newman and The Development Groupe, Inc., for Sanitex property located on the southeast corner of "H" and 16th Streets. (d) Plans and Specifications for Grissom Park Development. (e) Request from C.G.G., Inc., 5544 California Avenue, for permission to enter upon the City Municipal Farm to conduct geophysical work. This will be a vibroseis operation, no holes being drilled or explosives being used. The Director of Public Works recom- mends approval subject to the following: 1. Work to be completed within thirty days. o Company will indemnify and hold City harmless from any claims as a result of this operation. Company shall be liable for any damages or inconveniences to farm lessee's operation and construction work pre- sently underway. (f) Plans and Specifications for installation of underground fuel storage tanks at the New Corporation Yard. (g) Request from Landmark Missionary Baptist Church for annexation of property located at 200 Pacheco Road. (Refer to Planning Commission for study and recommendation Upon a motion by Councilman Ratty, Items (a) (b), (c), (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilmen Sceales, Strong Bakersfield, California, May 10, 1978 - Page 5 73 ACTION ON BIDS Upon a motion by Councilman Ratty, the Assistant to the Finance Director was authorized to negotiate a price and purchase one automobile, not to exceed $7,700.00, for the City Manager's use and Budget Transfer £rom the Contingency Account in the Replacement Fund, was approved. Upon a motion by Councilman Christensen, low bid from Hopper, Inc., for Annual Contract No. 15079, Welding Supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. NEW BUSINESS Adoption of Resolution No. 41-78 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 the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 24-77, re proposed General Plan Amendment and Zone Change Application at northwest corner of New Stine Road and Ming Avenue. The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment and Zone Change for the northwest corner of New Stine Road and Ming Avenue and recommended, by their Resolution No. 13-78, certification by the City Council. Upon a motion by Councilman Ratty, Resolution No. 41-78 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 the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 24-77, re proposed General Plan Amendment and Zone Change Application at 74 Bakersfield, California, May 10, 1978 - Page 6 northwest the following roll call vote: Ayes: Noes: Absent: corner of New Stine Road and Ming Avenue, was adopted by Councilmen Barton, Christensen, Medders, Ratty, Rogers None Councilmen Sceales, Strong Adoption of Resolution No. 42-78 fixing the time of Meetings of the Council of the City of Bakersfield during the months of May, June, July, August and September, 1978. Upon a motion by Councilman Rogers, Resolution No. 42-78 fixing the time of Meetings of the Council of the City of Bakers- field during the months of May, June, July, August and September, 1978, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilmen Sceales, Strong Adoption of Resolution No. 43-78 of the Council of the City of Bakers- field amending Resolution No. 63-77, establishing a Records-Retention Schedule for the Police Department and approving destruction of records in accordance therewith. This resolution adds property cards and rejected job applications to the Records-Retention Schedule of the Police Department. Upon a motion by Councilman Barton, Resolution No. 43-78 of the Council of the City of Bakersfield amending Resolution No. 63-77, establishing a Records-Retention Schedule for the Police Department and approving destruction of records in accordance therewith, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilmen Sceales, Strong Approval of Contract Change Order No. i to Contract No. 77-203 with James G. Francis for construction of Chester Avenue Improvements between 24th Street and Garces Circle. Bakersfield, California, May 10, 1978 - Page 7 This Change Order includes an increase in contract items and extra work required to remove unsuitable material which was encountered below the plan subgrade. This Change Order also requires the contractor to bring in select material to replace the unsuitable material. A ten day extension of time is required for this work. This Change Order will result in an estimated increase of $4~,000 in the contract cost. Public Works Director Hawley stated the most recent allowable date for completion of the Chester Avenue project is June 26, 1978, if the contractor works diligently. The Change Order includes a request for a l0 day extension of time on the contract. The contractor has indicated that the present schedule is to pave during the week of May 22nd-26th. After the paving is completed it would allow the contractor approximately one month to finish the cleanup work. If the contractor works diligently the June 26th date can be met, however, he could be entitled to additional time at some later date and might come to the Council with a request. Councilman Ratty made a motion that Contract Change Order No. i to Contract No. 77-203 with James G. Francis for construction of Chester Avenue Improvements between 24th Street and Garces Circle, deleting the provision for a 10 day extension of time, be approved and the Mayor authorized to execute same. Councilman Ratty stated that the Council should go on record urging the contractor to meet the completion date and if more time is needed then it can be requested. Councilman Barton offered a substitute motion that due to any problems that may arise because of Councilman Ratty's motion that the completion date penalty be waived for 10 days. City Attorney Hoagland stated that it does not make any difference whether it is waived or not, if the contractor is entitled to it he can get it. There are no penalties when the change was made at the request of the City. 76 Bakersfield, California, May 10, 1978 - Page 8 Councilman Barton's substitute motion that due to any problems that may arise because of Councilman Ratty's motion that the completion date penalty be waived for 10 days, failed to carry by the following vote: Ayes: Councilman Barton Noes: Councilmen Medders, Ratty, Rogers Absent: Councilmen Sceales, Strong Abstaining: Councilman Christensen Councilman Ratty's motion that Contract Change Order No. i to Contract No. 77-203 with James G. Francis for construction of Chester Avenue Improvements between 24th Street and Garces Circle, deleting the provision for a 10 day extension of time, was approved and the Mayor was authorized to execute same by the following vote: Ayes: Noes: Absent: Abstaining: Councilmen Medders, Councilman Barton Councilmen Sceales, Ratty, Rogers Strong Councilman Christensen Councilman Christensen stated, for the record, that since the Public Works Director has stated that the contractor is acting in good faith he passes. Approval of Engineering Services Agreement between the City and Alexander-Luque & Associates for construction surveying and inspec- tion for curbs and gutters on various streets in the Sunset- Mayflower District. Councilman Medders stated he does not plan to vote in favor of this agreement because this is the project that combined two fire stations that was originally recommended by the Fire Chief and would have saved the City, after two years, $250,000.00 per year. Now the funds have been returned to be used to serve one area in the City. Upon a motion by Councilman Ratty, Engineering Services Agreement between the City and Alexander-Luque & Associates for construction surveying and inspection for curbs and gutters on Bakersfield, California, May 10, 1978 - Page 9 various streets in the Sunset-Mayflower District (Economic Develop- ment Administration grant), was approved and the Mayor was authorized to execute same, by the following roll call vote: Ayes: Councilmen Barton, Christensen, Ratty Noes: Councilmen Medders, Rogers Absent: Councilmen Sceales, Strong Approval of Pole Line Easement from the City to Pacific Gas & Electric Company for construction of additional electrical service to the City Waste- water Treatment Plant No. 2. Upon a motion by Councilman Rogers, Pole Line Easement from the City to Pacific Gas and Electric Company for necessary right-of-way for construction of additional electrical service to the City Wastewater Treatment Plant No. 2, was approved and the Mayor was authorized to execute same. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 8:40 P.M. M~y of Bakersfield, ATTEST: CITY~ERK an~~-O~ficio Clerk of the Council of th~ City of I~akersfield, California ma Calif. 78¸ Bakersfield, California, May 17, 1978 member of the High Council of the Church of Jesus Christ Day Saints. Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 17, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. William Butler of Latter- Present: The City Clerk called the roll Mayor Hart. Councilmen Strong, Absent: None as follows: Barton, Medders, Ratty, Christensen, Rogers, Sceales Minutes of the regular meeting of May 10, 1978 were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Carlos Barraza, 1304 - 19th Street, presented the Council with maps of a plan he is promoting for the downtown area to stimulate business. Councilman Ratty suggested that Mr. Barraza present this promotion plan to the Downtown Business Association for their input. City Manager Bergen stated that the staff could attend the Downtown Business Association meeting and comment on the promotion plan. Councilman Rogers suggested that everyone who would be concerned with this promotion plan look at it before it is brought back to the Council for action. COUNCIL STATEMENTS Councilman Ratty referred to an article that appeared in the Bakersfield Californian, Saturday, May 13, 1978, regarding grade separations at the Southern Pacific tracks on Chester Avenue, with the closing of 30th Street, and at the Southern Pacific tracks on Union Avenue near Freeway 178; and stated that he was contacted by Mr. Bob McCarthy, of McCarthy Tank & Steel at 3030 "M" Street, who is very concerned with the proposed closing of 30th Street. Bakersfield, California, May 17, 1978 - Page 2 79 Councilman Ratty stated that he would like to refer this matter to staff to come back to the Council with a report as to their position on these grade separations with the closing of 30th Street. City Manager Bergen stated that this matter has not been formally brought before the Council. The staff has been in contact with representatives o£ the Bakersfield Separation of Grade District and informed them that the City would be supportive of a grade separation on Chester Avenue. The staff has indicated to the Separation of Grade District that the City would not support the closing of 30th Street because of the adverse effect it would have on access to that area. The Separation of Grade District will be required to hold hearings and submit a proposal of any grade separations to the Council. No request for closing of 30th Street has been submitted to the Council and action at this time is not appropriate. Councilman Ratty stated that he is definitely opposed to the closing of 30th Street and he does not want anyone misled into thinking the Council has approved it. Upon a motion by Councilman Ratty, the Luncheon Discussions of the Council were discontinued and the staff was instructed to remove it from the Agenda. Councilman Rogers requested information as to where the Public Utilities Commission stands on the proposed grade separations on Chester Avenue and Union Avenue. Councilman Rogers also stated that from what he has seen he would support Councilman Ratty's position regarding the closing of 30th Street. During discussion Councilman separation on Chester Avenue should be tion. Barton stated that the grade given the utmost considera- Public Works Director Hawley stated that it is his under- standing that the P.U.C. should be making a determination around the 30th or 31st of May concerning the projects, the highest 8O Bakersfield, California, May 17, 1978 - Page 3 priorities or those that are likely to be funded. After the priority list is completed it would then be necessary for the Separation of Grade District, and possibly the City and County, to determine where the local share would come from and whether streets should be closed. REPORTS Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 4-78 regarding Audit of City Financial Records for 1977-78, as follows: The Council has referred to this Committee letters from three certified public accounting firms regarding the audit of the City's financial records for the 1977-78 fiscal year-- Robert Moss Accountancy Corporation of Santa Maria and R. C. Kuhn and Elmer Fox, Westheimer and Co. of Bakersfield. It was the feeling of this Committee the audit should be performed by a local firm and we have requested the City Manager to write a letter to the firm from Santa Maria to that effect. The Committee met with representatives from both local firms and discussed their qualifi- cations and fees. Based on these discussions, we recommend the firm of Elmer Fox, Westheimer and Co. again be retained to audit the City's financial records. It is our opinion this firm's services have been very satisfactory, their rates are competitive, and the City benefits from having a national organization certify our accounts. The firm proposes to audit all the City's records except revenue sharing funds for a fee not to exceed $12,850 which is $350 higher than last year. The maximum fee for revenue sharing is $1,750 which is $50 more than last year. Upon a motion by Councilman Medders, Budget Review and Finance Committee Report No. 4-78 regarding Audit of City Financial Records for 1977-78, was accepted; and recommendation that the firm of Elmer Fox, Westheimer and Co. be retained to audit the City's financial records for the 1977-78 Fiscal Year, was approved. City Manager Bergen read a report regarding Data Processing Study, as follows: The City Manager's Office has been concerned for quite a while that management's need for Bakersfield, California, May 17, 1978 - Page 4 81 information from Data Processing have not been met. As a result, the needs study and evalua- tion described in the attached memorandum was requested. It has become apparent there is room for significant improvement and a need to update this operation. The proposed study will allow us to achieve both in a reasonable period of time. Councilman Rogers and Medders requested that the report from the City Manager regarding Data Processing Study, be held over until the Council Meeting of May 31, 1978. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4882 to 4975, inclusive, in the amount of $104,334.27. (b) Claim for Damages from Len Grayson, 2620 Loch Ness Court, Bakersfield. (Refer to City Attorney) (c) Street Right-of-Way Deed and Public Utility Easement from Patrick Ivan Bell, as required by the Planning Commission for Parcel Map No. 4430. Street dedi- cation is for Adanac Court. (d) Street Right-of-Way Deed and Public Utility Easement from Lloyd Hale and Violet Hale, as required by the Planning Commission for Parcel Map No. 4431. Street dedication is for Adanac Court. (e) Street Right-of-Way Deed from R. A. Wadsworth Builders, Inc., and B. L. Dickinson, Inc., as required by the Planning Commission for Parcel Map No. 4261. Dedication is for portions of Panorama Drive and Fairfax Road. (f) Notice of Completion and Acceptance of Work for Curb and Gutter, Cross Gutters and Wheel Chair Ramp construction at various locations - Contract No. 78-35 with Jim Alfter Concrete Co. (g) Application for Encroachment Permit from Bob Loflin, 7017 Setter Court, Bakers- field, for construction of a cement retaining wall, at a maximum of 2 feet high, adjacent to back of sidewalk at southeast corner of E1 Rio Drive and Setter Court. (h) Request from Alpha & Omega Realty and Development Corporation, for annexation of property located on the northwest corner of Pacheco Road and Union Avenue. (Refer to Planning Commission for study and recommendation) Bakers£ield, California, May 17, 1978 - Page 5 Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll Councilmen Strong, Rogers, call vote: Barton, Christensen, Sceales Ayes: Noes: Absent: Company Medders, Ratty, None None ACTION ON BIDS Upon a motion by Councilman Medders, low bid of Griffith for paving, fencing, drain lines and miscellaneous improve-- ments for the New Corporation Yard, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. NEW BUSINESS Adoption of Resolution No. 44-78 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 Proceedings No. 573, Annexa- tion No. 243 (Stockdale No. 10). The new Municipal Reorganization Act of 1977 requires a new procedure for instituting preliminary proceedings to annex territory to a city. This resolution initiates the preliminary proceedings for annexation. Upon a motion by Councilman Sceales, Resolution No. 44-78 of Application of the Council of the City of Bakersfield proposing proceedings for Annexation of territory to the City of Bakersfield, identified as Proceedings No. 573, Annexation No. 243 (Stockdale No. 10), was adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales None None Ayes: Noes: Absent: Approval of Contract between the City of Bakersfield and the Bakers- field City School District for transporting children to day camp. Bakersfield, California, May 17, 1978 - Page 6 83 Upon a motion by Councilman Sceales, Contract between the City of Bakersfield and the Bakersfield City School District for transporting children to day camp, was approved and the Mayor was authorized to execute same. Approval of Agreement with James A. Derichsweiler to connect a 47 space Mobile Home Park at 2519 South Union Avenue to City Sewer System. This sewer connection request has been reviewed and approved by the Planning Commission on May 3, 1978, provided the following conditions are met: 1. Work to be constructed to City specifications. 2. Enter into a Suburban Sewer Rental Agreement. 3. Plans to be submitted for City's review and approval. Owner shall take all necessary steps to annex the property to the City when it becomes feasible. Upon a motion by Councilman Ratty, Agreement with James A. Derichsweiler to connect a 47 space Mobile Home Park at 2519 South Union Avenue to City Sewer System, was approved provided the conditions listed above are met. Presentation by Development Services Department on Proposed Amendment to Land Use Element involving ten (10) segments or areas. Principal Planner Mel Tooker, outlined the ten segments of the General Plan (listed under the hearing) that are proposed for amendment and explained the basic land uses that would be allowed in these areas. Approval of Negative Declarations for Segments 1, 2, 3, 4, 5, 7 and l0 of Proposed Amendment to Land Use Element of the General Plan, in accordance with staff report. These Negative Declarations have been advertised for public input, and approved and adopted by the Planning Commission on April 19, 1978. It is necessary for Council to approve for environmental clearance. Final EIRs have been certified by the Council for Segments 6, 8 and 9. Bakersfield, California, May 17, 1978 - Page 7 Upon a motion by Councilman Rogers, Negative Declarations for Segments l, 2, 3, 4, 5, 7 and l0 of Proposed Amendment to Land Use Element of the General Plan, in accordance with staff report, HEARINGS This is the time set for public hearing regarding Amend- ment to the Land Use Element of the Bakers£ield Metropolitan Area General Plan concerning those properties commonly known as: 1. South of College Avenue to the easterly extension of White Lane and from the north/south centerline of the Municipal Farm easterly for two miles. 2. South of Route 58 to Arvin-Edison Canal and from Union Avenue easterly to the southerly extension of Oswell Street. 3. Extension of existing high-density residential designations along Columbus Street to intersection o£ Panorama Drive. 4. South side of Auburn Street between May- wood and Pepper Way. 5. Intersection of Fairfax Road and Auburn Street. 6. Northwest corner of Ming Avenue and New Stine Road. 7. Northwest and southwest corners of South "H" Street and Ming Avenue. 8. Specific land use designations as approved in Final EIR from Wible No. 2 Annexation. 9. Specific land use designations as proposed in Final EIR for Stockdale No. l0 Annexa- tion. 10. Northeast corner of Panama Lane and Stine Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This proposed amendment was approved by the Planning Commission, after a public hearing, on April 19, 1978, and recom- mended for adoption by the City Council. were approved. Bakersfield, California, May 17, 1978 - Page 8 pation. Mayor Hart declared the hearing open for public partici- Mr. Jim Wertz, 1909 Kinross Court, presented a petition containing 177 signatures of residents of Westwood Estates supporting the rezoning of the northwest corner of New Stine Road and Ming Avenue (Segment No. 6). Trice Harvey, Kern County Supervisor and resident of the Village Green Condominium Complex, spoke in favor of Segment No. 6 of the proposed General Plan amendment. No 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 Ratty outlined the history of Segment No. 6, northwest corner of New Stine Road and Ming Avenue. The price of this parcel of property was kept modest to enable a church to build on that site. The property was rezoned at the request of the church in order to build a church related complex. The land remained vacant and the surrounding area developed with nice homes and condominiums. The people were told, and assumed, a church would be constructed on that site. The church claims the site was not suitable for their purposes and decided to sell. Councilman Ratty stated that he feels if money were not a factor they would probably sell to another church so they could keep faith with the people in the surrounding area. Councilman Ratty stated he is not here to deny the commercial zoning of this property, in preference to an overwhelming local support for commercial, as opposed to R-3 high-density development. If a choice between the two must be made there is no question about approving commercial zoning. However, there is another alternative that is less polluting, would have less impact on local residents and would be more compatible to everyone, except those who profit by the commercial zoning. He stated he is 86 Bakersfield, California, May 17, 1978 - Page 9 specifically referring to rezoning this parcel R-1-CH and he has heard rumors of other religious groups who are interested in buying this property for religious purposes. An important point to realize is, that if the City of Bakersfield had not helped the present owners change the R-1 to R-3 the Council would not be discussing this problem tonight. The owners would have had a choice between R-1 and CH and there would not be a threat of R-3 hanging over their heads. The rezoning and changes in the General Plan of the City for profit to the detriment of the local environ- ment is not right and this Council will soon be faced with other General Plan changes in that area. It is the Council's duty to protect areas of residents and future residents long after the developers have reaped the profits and gone on their way. Councilman Sceales stated that the land owners and residents of the area have reconciled the problems and reached an agreement, after working on it for over a year, and this Genera~ Plan amendment is what they want and he will support it. In answer to a question by Councilman Rogers, Mrs. Kathy Bader, 5909 Lindbrook Way, stated the petition submitted to the Council was signed by all the residents of Westwood Estates except one lady who was moving out of the area. During discussion Councilman Ratty asked if it is legally feasible to rezone this property from R-3 to R-1-CH. Assistant City Attorney Oberholzer stated that the issue before the Council is not one of zoning it is a change in the General Plan. Presently the General Plan provides for medium- density residential and it has been zoned R-3. The proposed zone change is P.C.D. (Planned Commercial Development), so would not make a zone change. The Council could not, make a change in this one segment of the amendment to Plan. for a the Council at this time, the General It would have to be sent back to the Planning Commission hearing and then come back to the Council. Bakersfield, California, May 17, 1978 - Page 10 sent zoning for that property. following roll call vote: Ayes: Noes: Councilman Ratty made a motion that Segment No. 6 be back to the Planning Commission to have them look at R-1-CH This motion failed to carry by the Councilman Ratty Councilmen Strong, Barton, Sceales Absent: None Upon a motion 45-78 of the Council of and approving Amendment Ayes: Noes: Absent: Christensen, Medders, Rogers, by Councilman Medders, Resolution No. the City of Bakersfield making findings to the Land Use Element of the Bakersfield None None This is the time set for public hearing before the Council on Resolution of Intention No. 932 of the Council of the City of Bakersfield declaring its intention to order the vacation of "P" Street between Freeway Route 178 and 25th Street, in the City of Bakersfield. This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 46-78 of the Council of the City of Bakersfield ordering the vacation of "P" Street between Freeway 178 and 25th Street, in the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: None Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Metropolitan Area General Plan, was adopted by the following roll call vote: Councilmen Bakersfield, Cali£ornia, May 17, 1978 - Page RECESS Upon a motion by Councilman Medders, the Council recessed the regular meeting at 9:25 P.M. for a Budget Hearing on Title II - Antirecessionary Funds. BUDGET HEARING Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 3-78 regarding Title II - Antirecessionary Funds, as follows: The City of Bakersfield has again received funds under Title II of the Public Works Employment Act. As the Council may recall, these funds are designed to assist local government maintain levels of employment and basic services. The City presently has $45,500 of these funds in a trust account (See Attachment #1 for an analysis of these receipts). The regulations for the use of these funds require they be appropriated, obligated, or actually spent within six months of receipt. The staff has informed us there is a need for additional funds within the operating budgets of several Public Works divisions resulting from unanti- cipated expenditures in connection with the dust storm and excessive rains. Also, addi- tional funds are necessary to purchase street materials to repair some of the damage to streets caused by the continual rains. (See Attachment #2). These uses would meet the eligibility requirements of the Act. This Committee has reviewed these and feel they are justified and therefore recommends the City Council authorize the appropriation of $45,500 of Title II funds to meet these needs as indicated on Attachment #2. ATTACHMENT #2 CITY OF BAKERSFIELD RECOMMENDED USE OF TITLE II FUNDS Overtime: Streets $9,000 Street Cleaning 3,300 Equipment Maintenance 2,200 Parks 1,000 Street Maintenance Materials: $15,500 30,000 TOTAL $45,500 Bakersfield, California, May 17, 1978 - Page 12 89 Upon a motion by Councilman Medders, Report No. 3-78 from the Budget Review and Finance Committee regarding Title II Antirecessionary Funds, was accepted. The Budget Hearing was adjourned and the Council recon- vened to the regular Council Meeting. RECESS Upon a motion by Councilman Medders, the Council recessed to an Executive Session at 9:35 P.M. for a report on salary negotiations. The regular Council Meeting was reconvened at 10:55 P.M. and Councilman Christensen was absent. Upon a motion by Councilman Ratty, a Budget Hearing on the Operations Budget will be held immediately following the regular Council Meeting of May 31, 1978. Councilmen Strong and Barton voted in the negative on this motion. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at ll:00 P.M. MAYi th~rsfield, Calif. ATTEST: ~R~ nd~ CITY a cio Clerk of the Council of the City of B~kersfield, California ma 9O Bakersfield, California, May 30, 1978 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:00 Noon, May 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 Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Absent: None REPORT Councilman Christensen, member of the Budget Review and Finance Committee, read Report No. 5-78 regarding Direct Charge for the Collection, Removal and Disposal of Refuse, as follows: As Councilmen, and thus the elected represen- tatives of the citizens within our respective wards, one of our most important responsibilities should be to ensure our constituents are receiving the most effective services for their tax dollars. This responsibility must be shared by all employees of this City, especially manage- ment. Too often when people express their dissatis- faction with government, all levels of govern- ment are considered collectively. It is time the citizens of Bakersfield became aware of the record of their own city and its performance. As an example, let's look at the last five years, which everyone is aware, represents one of the most inflationary periods in our history. The population of the City has increased by 15 percent. The area has increased by 95 percent, however, the number of City employees that pro- vide services to the community has increased only 7 percent. Furthermore, the City's property tax rate has decreased £rom $2.87 per $100 assessed valuation to $2.57 per $100 assessed valuation and the City Manager's proposed budget for 1978-79 contains a further reduction of the tax rate in the amount of $.75 per $100 assessed valuation. Now, the skeptics will immediately say-- "But your assessed valuation has increased and thus people are paying more taxes!" But, let this argument be cleared up once and for all. The City's assessed valuation has increased in this period, however, there have been no reassess- ments of existing property within the City in this five-year period. The City's increased assessed valuation has all come from annexations and new construction. Any increases in property taxes have all come from property tax increases Bakersfield, California, May 30, 1978 - Page 2 91 levied by other governmental entities. In addition, the City has no control over the spiraling costs of housing construction. Granted, the City's budget has grown over these years, but one must take into considera- tion the growth of the City, as well as the substantial increases that have occurred in utility costs, fuel, etc. This record surely is one the community should be proud of. This is past history and we are now faced with a situation where taxpayers are quite vocally expressing their concern over the growth of all government and resultant cost to them. Recognizing, this, this Committee and the staff have been taking a care£ul look at the type of activities in which the City is involved, and whether or not they are appropriate functions of government. This Committee's report which will be read at the budget hearing tomorrow night addresses itself to a number of these types of services, and reductions in the budget are being recommended as a result. Being very much aware of the possibility of the passage of Proposition 13, or any other measure of this type in the future, if it should fail, it is the recommendation of this Committee, the Council enact an alternative source of revenue which would reduce the property tax rate to a level whereby the citizens of Bakersfield would receive a significant reduction in the property tax rate and still continue to receive the types and levels of services they have come to expect. It is our opinion the community would prefer this to the possibility of significant reductions in the levels of service. After reviewing the various alternatives, we £eel the most acceptable would be a refuse collection charge effective January 1, 1979. The combination of the revenue derived from this, proposed reductions in the operating budget, and the tax reduction available in the City Manager's budget, would allow the City's tax rate (excluding bond tax rate) to be reduced from $2.36 per $100 assessed valuation to about $.80 per $100 assessed valuation, a total reduction of $1.56 per $100 assessed valuation. The charge being proposed would be $3.00 per month for each residence and multiple units and commercial enterprises would pay according to use. Those presently receiving the service without paying for it, i.e. tax exempt organi- zations, would be charged as well. In addition, there are considerable variances in the levels of services, from a cost standpoint, which are resulting in some taxpayers subsidizing others which would be considered as well. Implementation of a refuse charge, along with the proposed significant property tax reduction, Bakersfield, California, May 30, 19'78 - Page 3 would result in a net savings to homeowners as demonstrated by the following examples: Home Property Annual Annual Market Tax Refuse Net Value Savings Charge Savings $25,000 $ 70.20 $36.00 $ 34.20 35,000 109.20 36.00 73.20 45,000 148.20 36.00 112.20 55,000 187.20 36.00 151.20 It is contemplated that residential properties would receive this charge on their property tax bill and all others would be billed by the City on a quarterly basis. If it is not possible to bill residential properties on their property tax bill, the City would then have to bill these as well and the Council should make allowances to enable the City to accomplish this. We feel the principle of user pay is a fair charge and Bakersfield is one of a few cities in California where refuse collection is part of the property tax rate. In addition, it should be recognized that this service is in no way related to property taxes which are based on assessed valuation. The attached memorandum from the City Attorney's office will explain the need for this Council to act on the attached ordinance today. Councilman Christensen read a memorandum from Richard J. Oberholzer, Assistant City Attorney to the Budget Review and Finance Committee, dated May 27, 1978, regarding Refuse Collection Charge, as follows: The Budget Review and Finance Committee, as a result of its meeting of May 26, 1978, plans to recommend that the City adopt an ordinance establishing a refuse collection charge. The ordinance proposes to place a charge on the occupants/owners of real property in the City for the privilege of accumulating refuse and having a collection service available to dis- pose of that accumulation. The question has been asked as to what affect Proposition 13 would have on the passage of such an ordinance. Proposition 13 prohibits the imposition of any so-called "special taxes" by a city without the approval of a two-thirds vote of the quali- fied electors. While there is some question as to what falls into the category of "special taxes", this office believes that the legally conservative approach recommended by the Bakersfield, California, May 30, 1978 - Page 4 93 League of California Cities is the most appro- priate to follow. The League categorizes refuse charges based upon occupancy as a special ~ax. Assuming that Proposition 13 passes, and the courts interpret the refuse charge as a special tax, the City Council would be without authority to impose a refuse charge based upon occupancy. This office concurs with the conclusion of the League that if the City Council adopts an ordinance prior to passage of Proposition 13, or any similar initiative, the restrictions of Proposition 13 would not be applicable, even where the charge was not to be imposed until some later date occurring after passage of Proposition 13 or a similar initiative. Since the refuse collection charge, to be im- posed at some later date, is not considered an emergency ordinance, it will be necessary to call two special meetings in order to adopt the ordinance prior to any possible passage of Proposition 13. An ordinance or a resume must be read at least one week before its adoption. Consequently, a special meeting before the next Council meeting would be necessary. The special meeting must be called for Monday or Tuesday, May 29 or 30, followed by another special meeting on the following Monday or Tuesday. Although the first reading of the proposed ordinance will be before the scheduled budget hearings on Wednesday, May 31, the first reading does not preclude the Council from making changes to the proposed ordinance on Wednesday, or any other day up to the time of its adoption. Councilman Barton made a motion that Report No. 5-78 from the Budget Review and Finance Committee regarding Direct Charge for the Collection, Removal and Disposal of Refuse, be accepted, placed on file and this subject matter be tabled until June 7, 1978. This motion failed to carry by the following roll call vote: Ayes: Councilmen Barton, Christensen, Strong Noes: Councilmen Medders, Ratty, Rogers, Sceales Absent: None Upon a motion by Councilman Medders, Report No. 5-78 from the Budget Review and Finance Committee regarding Direct Charge for the Collection, Removal and Disposal of Refuse, was 94 Bakersfield, California, May 30, 1978 - Page 5 accepted; and first reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and establishing a Direct Charge therefor, by the following roll call vote: Councilmen Medders, Ratty, Rogers, Sceales Ayes: Noes: Absent: Council, ad3ourned at Councilmen Barton, None Christensen, Strong ADJOURNMENT There being no further business to upon a motion by Councilman Medders, 12:15 P.M. come before the the meeting was ~ ~f~akersfield, Calif. ATTEST: CITY n Clerk of the Council of the City of Bake~field, California ma Bakersfield, California, May 31, 1978 95 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 31, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. Present: The City Clerk called the roll as follows: Mayor Hart. Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton (seated at 8:17 P.M.) Absent: None Minutes of the regular meeting of May 17, approved as presented. 1978 were SCHEDULED PUBLIC STATEMENTS Mr. Bill Easton, Captain Kern County Fire Department, invited the Mayor and Council to attend a Rodeo being sponsored by the Firefighters on June 10th and llth to help establish a burn center in Bakersfield. Miss Kelli Jo Snow, High School Rodeo Queen, distributed complimentary tickets to the Mayor and Council and explained the sport of high school rodeo. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Kern Refuse Disposal, Inc., dated May 19, 1978, requesting a rate increase, was received and referred to the Budget Review and Finance Committee for report, along with a memorandum from J. Dale Hawley, Director of Public Works, dated May 31, 1978, regarding Request for Rate Increase from Kern Refuse Disposal, Inc. Upon a motion by Councilman Rogers, communication from Golden Empire Transit, dated May 23, 19'78, submitting their pro- posed budget for Fiscal Year 1978-1979 and notification of public hearing on said budget, was received and ordered placed on file. 96 Bakersfield, California, May 31, 1978 - Page 2 Upon a motion by Councilman Sceales, communication from Clifford William Alread, 1001 Chester Avenue, dated May 24, 1978, regarding revocation of his permit to operate a Taxicab, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Christensen stated that the 2nd Ward voters are opposed to the 10% Deferred Income Plan for the Management Unit and 5% Deferred Income Plan for the Supervisory Unit, which is above and beyond the regular retirement plan and the many fringe benefits provided for employees by the City. Councilman Christensen made a motion that the concept of the Deferred Income issue be referred to the Governmental Efficiency and Personnel Committee and labor negotiating personnel with the stipulation that it be removed from Memorandums of Understanding or any other document between employee groups and the City of Bakersfield. During discussion, Councilman Medders offered a substitute motion that the matter of Deferred Income be referred to the Governmental Efficiency and Personnel Committee for a clarification report back to the Council. This motion was unanimously approved. Upon a motion by Councilman Rogers, Assistant City Attorney Richard Oberholzer was appointed as the City Attorney's alternate to the Board of Zoning Adjustment, to fill the unexpired term of Assistant City Attorney Charles Leach who is retiring. This term expires December l, 1979. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4976 to 5250, inclusive, in the amount of $1,021,556.68. (b) Claim for Damages from John R. & Lillian Doty, 4300 Bonaire Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from CNA Insurance on behalf of Earl H. Gunning, Box 1363, Lake Isabella. (Refer to City Attorney) Bakersfield, California, May 31, 1978 - Page 3 97 (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) Street Right-of-Way Deed from Tenneco Realty Development Corporation as required for Parcel Map No. 4800. Street dedications are for portions of Ashe Road and Nottingham Lane. Grant Deed from Daniel Norton, Adminis- trator of Estate of Ethel Norton, deceased, and Gladys Sanford, et al., for drainage basin for Tract No. 3814. Map of Tract No. 4045 and Improvement Agreement for construction of improve- ments therein - located southwest of Pacheco Road and Union Avenue. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3839 - Contract No. 77-34 with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3846 - Contract No. 77-59 with Tejon Investment Company. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3887 A - Contract No. 78-18 with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work on Tennis Court Lighting at Wilson Park and Beale Park - Contract No. 77-184 with McKee Electric Company. Plans and Specifications for construction of additions to the Corporation Yard Facility. Plans and Specifications for construction of Inlets and Lateral Connections to the Oleander Avenue Storm Drain. Resolution No. 47-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 248, Proceedings No. 586, (Municipal Farm No. 3), in accordance with LAFCO Resolution making determina- tion. This resolution sets date of hearing for Wednesday, July 12, 1978. Resolution No. 48-78 of the Council of the City of Bakersfield initiating pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 249, Proceedings No. 587, (Municipal Farm No. 4), in accordance with LAFCO Resolution making determina- tion. This resolution sets date of hearing for Wednesday, July 12, 1978. 98 Bakersfield, California, May 31, 1978 - Page 4 (o) (p) Upon (d), (e), (f), of the Consent vote: Ayes: Requestof T. W. Kinney, Police Department, for additional 60-day Leave of Absence Without Pay, effective May 28, 1978. Plans and Specifications for construction of a Storm Drain in Panama Street between 31st Street and 34th Street. a motion by Councilman Ratty, Items (a), (b), (c), (g), (h), (i), (j), (k),' (1), (m), (n), (o) and (p) Calendar, were adopted by the following roll call Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Medders, bid of Omega Construction Company for installation of Underground Fuel Storage Tanks at the New Corporation Yard, was rejected and the Assistant City Manager-Finance was authorized to readvertise the project. DEFERRED BUSINESS Deferral of Report from the City Manager regarding Data Processing Study. This report was held over from the Council Meeting of May 17, 1978. Councilman Rogers made a motion that a study and evalua- tion of the Data Processing, as described in a memorandum from Philip Kelmar, Assistant City Manager, dated May 15, 1978, be approved. Councilman Barton offered a substitute motion that action on a study and evaluation of the Data Processing Division be deferred until the Council has a better indication of what the City's financial situation will be. Assistant City Manager-Finance Kelmar stated that the cost of the study is approximately $80,000.00. As a result of the planning effort undertaken by the staff over the past few Bakersfield, California, May 31, 1978 - Page 5 99 months there are two or three positions in the Data Processing Division that have not been filled, pending the outcome of this report. The staff is proposing to utilize those savings to help pay for the study and not fill those positions until it is com- pleted, so additional funds are not being requested. Councilman Christensen stated that this study should be deferred until after the June 6th election, when the result of the vote on the Jarvis-Gann Amendment is known. Assistant City Manager-Finance Kelmar stated that with the potential of the Jarvis-Gann Amendment passing it is even more important that a study of the Data Processing Division be under- taken because there are significant hours spent on manual operations by various departments that could be saved by having a more effective operation. After considerable discussion Councilman Rogers stated that he would withdraw his motion if Councilman Barton would amend the substitute motion to place this on the agenda for the Council Meeting of June 14th, when the election results are known. Councilman Barton's amended substitute motion that action on a study and evaluation of the Data Processing Division be deferred until the Council Meeting of June 14, 1978, was approved. NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located north of Stock- dale Highway and east of the future alignment of Gosford Road. This amendment would change the zoning from an R-S (Residential-Suburban) Zone to an R-1 (One Family Dwelling), or more restrictive Zone; from an R-S (Residential-Suburban) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone; from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural 100 Bakersfield, California, May 31, 1978 - Page 6 Design), or more restrictive Zone; and from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone. Application for these zonings was Realty Development Corporation since subject requested by Tenneco 13.5 acres are part of a planned Tenneco neighborhood lying east of Gosford Road bounded by the proposed westerly extension of Truxtun Avenue on the north and by Stockdale Highway on the south. Tenneco wishes to adjust properties in the west end of their Quailwood development to better align their traffic pattern with the proposed westerly extension of Truxtun Avenue with Gosford Road. The Planning Commission approved the Negative Declaration, advertised and posted April 21, 1978, found the proposed zonings 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 north of Stockdale Highway and east of the future alignment of Gosford Road. First reading of an Ordinance amend- ing Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of 40th Street and "Q" Street. The application for this amendment was made by Helfac Corporation and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone. The Planning Commission approved the Negative Declaration, advertised and posted April 20, 1978, found the R-3-D zoning consistent with the General Plan, and recommended approval by the City Council. Bakersfield, California, May 31, 1978 - Page 7 101 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 40th Street and "Q" Street. Adoption of Zoning Resolution No. 261 Denying Application o£ Carl Moreland to amend Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 4500, 4504, and 4512 Panorama Drive. Mr. Moreland's request was to change the zoning from an R-1 (One Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone. The Planning Commission was of the opinion the requested R-3-D zoning of subject properties would not be compatible with the adjacent R-1 zoned and devel~inglots, and accordingly recom- mended denial of the zone change. Upon a motion by Councilman Rogers, Zoning Resolution No. 261 Denying Application of Carl Moreland 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 commonly known as 4500, 4504, and 4512 Panorama Drive, was adopted by the following Ayes: Noes: Absent: Abstaining: the fact he could roll call vote: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton None None Councilman Strong Councilman Strong abstained from voting on the basis of that he does not know if Mr. Moreland was notified that file an appeal with the Council. Bakersfield, California, May 31, 1978 - Page 8 Adoption of Resolution No. 49-78 of the Council of the City of Bakers- field declaring it has reviewed, evaluated and considered the infor- mation contained in the Final focused EIR, making findings and certifying that such Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 24-77, re Annexation No. 250 (Kern River No. 6) and amendment of Land Use Element for approximately 311 acres from agricultural in the County to low-density residential under City jurisdiction. The Planning Commission, on May 17, 1978, reviewed and approved the Final EIR for the proposed annexation known as Kern River No. 6, and determined it was in compliance with applicable laws and regulations and recommended certification of the Final EIR by the City Council in accordance with Resolution No. 39-78. Upon a motion by Councilman Rogers, Resolution No. 49-78 of the Council of the City of Bakersfield declaring it has reviewed, evaluated and considered the information contained in the Final focused EIR, making findings and certifying that such Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and City Resolution No. 24-77, re Annexation No. 250 (Kern River No. 6) and amendment of Land Use Element for approximately 311 acres from agricultural in the County to low-density residential under City jurisdiction, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: Councilman Barton Adoption of Resolution No. 50-78 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. 250 (Kern River No. 6). This proposed annexation is uninhabited and contains 3,380 acres of land located along the Kern River between Buena Vista Road and Interstate 5 Freeway. Bakersfield, California, May 31, 1978 - Page 9 103 This resolution initiates the preliminary proceedings for annexation of Kern River No. 6. Upon a motion by Councilman Rogers, Resolution No. 50-78 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. 250 (Kern River No. 6), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: Councilman Barton Adoption of Resolution No. 51-78 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. 261 (Union No. 8). This proposed annexation is uninhabited and contains 80 acres of land located southeast of the intersection of Union Avenue and White Lane. This resolution initiates the preliminary proceedings for annexation of Union No. 8. Upon a motion by Councilman Rogers, Resolution No. 51-78 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. 261 (Union No. 8), was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: Councilman Barton Adoption of Resolution No. 52-78 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 Proceedings No. 573, Annexa- tion No. 243 (Stockdale No. 10); rescinding Resolution No. 44-78, and exercising the City's option of not succeeding to Williamson Act Contract. 104 Bakersfield, California, May 31, 1978 - Page 10 This proposed annexation is uninhabited and contains 3,679 acres of land located south of Stockdale Highway, east of Buena Vista Road, north of Pacheco Road and west of the existing City boundary. This resolution rescinds Resolution No. 44-78 and initiates preliminary proceedings for annexation of territory known as Stockdale No. 10. Upon a motion by Councilman Sceales, Resolution No. 52-78 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Proceedings No. 573, Annexation No. 243 (Stockdale No. 10); rescinding Resolution No. 44-78, and exercising the City's option of not succeeding to Williamson Act Contract, was adopted by the following roll call vote: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Ayes: Noes: None Absent: None Adoption of Resolution No. 53-78 extending time within which to pay cancellation fee under Williamson Act--Delfino Brothers. The Delfino 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 September ll, 197~. Upon a motion by Councilman Sceales, Resolution No. 53-78 extending time within which to pay cancellation fee under Williamson Act--Delfino Brothers, was adopted by the following roll call vote: Ayes Noes Absent: Councilmen Christensen, Medders, Strong, Barton None None Ratty, Rogers, Sceales, Approval of Lease Agreement between the City of Bakersfield and Edmondson and Nord Electric for Sanitex Building. Bakersfield, California, May 31, 1978 - Page ll 105 Upon a motion by Councilman Ratty, Lease Agreement between the City of Bakersfield and Edmondson and Nord Electric for a portion of the newly acquired Sanitex Building at $250.00 per month, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City and Pacific Gas and Electric Company for relocation of an electric transmission pole. Upon a motion by Councilman Rogers, Agreement between the City and Pacific Gas and Electric Company for relocation of an electric transmission pole that of Fairfax Road and Auburn Street, authorized to execute same. is within the future alignment was approved and the Mayor was Approval of request from Regent International to extend Contract No. 77-75 with Piombo Corporation for Tract No. 3660 "B" an additional six months. Upon a motion by Councilman Barton, request from Regent International to extend Contract No. 77-75 with Piombo Corporation for Tract No. 3660 "B" an additional six months, was approved. Approval of Amendment to 1977-78 Bakersfield Redevelopment Agency Budget. Upon a motion by Councilman Barton, Amendment to the 1977-78 Bakersfield Redevelopment Agency Budget to provide for a Downtown Parking Study in the amount of $35,000.00, to be performed by Quad Consultants, was approved. Approval of Application by Denny's Restaurants to install a 7~foot high sign on the northwest corner of State Highway 178 and Pierce Road. This request includes a double-faced 12' x 24'9" sign at the top of the pole and a single-face 4'll" x 10'2" sign at a lower elevation on the same pole. Both signs will have interior illumination. The Sign Ordinance requires City Council review of all 106 Bakersfield, California, May 31, 1978 - Page 12 signs exceeding 50 feet in height. The area of the proposed sign is within the requirements of the Sign Ordinance. The City approved one 60-foot sign within the immediate area. Councilman Ratty stated that the Sign Ordinance Committee should be activated in order to establish a criteria for the freeway corridor. Mr. Raymond Smith, representing Heath Sign Company who represent Denny's Restaurants, submitted photographs of the area and explained the reason they are requesting a sign of this height. After discussion, upon a motion by Councilman Christensen, application by Denny's Restaurants to install a 70-foot high sign on the northwest corner of State Highway 178 and Pierce Road, was approved. Approval of Plans and Specifications for Concrete Improvements on "T" and "L" Streets and funding of project with Community Development Funds. This project consists of curb and gutter construction on "T" Street south of 10th Street to eliminate water ponding nuisance and curb and gutter construction on "L" Street between 1st Street and 3rd Street to improve street drainage. This project was not on the approved list to be funded with Community Development Funds, but since there are savings from the Street Improvement and Storm Drain Community Development pro- jects, the Public Works Department recommends using the savings on this needed project. The Engineer's Estimate for the work is $8,000.00. Upon a motion by Councilman Strong, Plans and Specifi- cations for concrete improvements on "T" and "L" Streets to be funded with Community Development Funds, were approved and the Assistant City Manager-Finance was authorized to advertise the project. Bakersfield, California, May 31, 1978 - Page 13 107 Approval of Budget Transfer within the Fire Department in the amount of $20,000.00 for purchase of a One-Ton Grass and Brush Four-Wheel Drive Firefighting Vehicle. The emphasis on the need for this related to the large grassland areas within vehicle is directly the City and the in- ability of the present two grass fire vehicles to protect these areas sufficiently. This requested vehicle will be used in con- junction with the other two vehicles to extinguish grass and brush fires in the large, vacant expanses of grassland in the northeast and southwest areas of the City and also assist in other areas of the City when needed. Fire Chief Needham read a memorandum to the City Manager, dated May 31, 1978, regarding Grass Firefighting Vehicle. Upon a motion by Councilman Rogers, Budget Transfer in the amount of $20,000.00 from the Fire Department's Regular Salary and Wages Account No. 11-642-0100 to the Fire Department's Capital Outlay Account No. 11-642-7400 for the purchase of a One-Ton Grass and Brush Four-Wheel Drive Firefighting Vehicle, was approved. RECESS Upon a motion by Councilman Ratty, the Council recessed the regular meeting for Budget Hearings at 9:25 P.M. BUDGET HEARINGS Report No. 3-78 from the Budget Review and Finance Committee regarding Title II - Antirecessionary Funds was accepted at the Council Meeting of May 17, 1978. 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 Rogers, $4.5,500 of Title II - Antirecessionary Funds indicated on Attachment II of Report No. 3-78 and Finance Committee, was approved. appropriation of to meet the needs as from the Budget Review 108 Bakersfield, California, May 31, 1978 - Page 14 Councilman Medders prefaced the Budget Review and Finance Committee's Report on the Operating Budget with the following statement: The Council should be aware that the combina- tion of the recommended reductions, together with the recommended revenues contained in this report and with the funds available for tax reduction in the Preliminary Budget, allow the General Tax Rate to be reduced from $2.36 per $100 assessed valuation to $.80 per $100 assessed valuation. An important part of these revenues is the establishment of a Refuse Collection Ordinance, which was given first reading at the Special Council Meeting yester- day. Any significant changes in this report would affect the Council's ability to reduce the tax rate to this level, unless other funds in an equivalent amount are provided. Councilman Medders distributed a resolution to the Council that would approve and adopt the Operating Budget for Fiscal Year 1978-79. Councilman Medders, Chairman, and Councilman Sceales, member, of the Budget Review and Finance Committee, read Report No. 6-78 regarding Operating Budget for Fiscal Year 1978-79, as follows: It is the responsibility of the Budget Review and Finance Committee to review and make recommendations on the proposed annual Operating Budget. It is important that action be taken on these operating amounts prior to the beginning of the next fiscal year. The budget format is similar to that of last year. The budget has been divided into the six major service areas--Management Services, Environmental Services, Development and Trans- portation Services, Public Safety Services, Recreation and Cultural Services, and Support Services. In turn, these service areas are further split into the various programs and sub-programs that make up each major service area. Major specific objectives to be achieved during the year are also listed for each sub- program. The Operating Budget discussed in this report consists of the operating expenses and fixed asset purchases proposed for the General Tax Rate Category, the proposed expenditure of Title II - Antirecessionary Funds and operating-type expenditures within the Community Development Block Grant Program which are included in the Restricted Agency Category (see Attachment #1 - Bakersfield, California, May 31, 1978 - Page 15 109 Summary o£ Proposed Operating Budget). Opera- ting expenses consist basically of materials, supplies, utilities, etc. Fixed assets consist of departmental capital outlay items, e. g., office equipment, automotive equipment, com- munication equipment, etc. The Operating Budget does not include salaries and supple- mental benefits nor capital improvement projects. The Governmental Efficiency and Personnel Committee will make recommendations on all salary matters. The entire City Council will review the proposed Capital Improvement Program which is being evaluated by the Planning Commission. The departmental operating budgets have again been prepared in a manner to reflect the total direct (i.e., salaries, supplies, and equip- ment) and indirect (i.e., data processing, legal, personnel, etc.) costs of providing a particular program. This is accomplished by the inclusion in the budgets, where applicable, of the following accounts: (1) Custodial Services Cost Allocation, Object No. 5300; (2) Administrative Cost Allocation, Object No. 5400; and (3) Rental Internal Organizations (Equipment Maintenance), Object No. 6200. The Custodial Services Cost Allocation is reflected in those programs which receive custodial services. In the case of programs located in City Hall, each program is charged for their proportionate share of the mainte- nance costs of City Hall based on their total square footage of office space. Programs operating outside of City Hall are charged based on the cost of the employees and materials involved in performing the services. The Administrative Cost Allocation entails an allocation of the cost of staff programs (i.e., City Manager's Office, City Clerk, City Attorney, and Finance) to the various line programs (i.e., Police, Fire, Public Works, etc.) based on the percentage that the cost of each line program bears to the total cost of all line programs; the theory being that staff programs are designed to provide services to the line programs. The allocations are, of course, deducted from the budgets of the staff programs as "Costs Applied", Object No. 0001, so that the total City budget remains unchanged. The Equipment Maintenance Division of the Public Works Department provides a central equipment pool for all departments except Fire. All departments using this equipment are charged a rental rate which reflects the total cost of maintenance and a replacement allowance. This rental charge is reflected in each using depart- ment's budget under the account entitled, "Rental Internal Organizations", Object No. 6200. The total rental charges are taken as a reduction in the budget of the equipment maintenance 110 Bakersfield, California, May 31, 1978 - Page 16 program as "Cost Applied", Object No. 0001, so that the total City budget is not changed. For 1978-79, these rental rates have been adjusted in certain programs to reflect more realis- tically the cost of operating the applicable equipment. In view of the relative size of the Operating Budget which is approximately 25 percent of the General Tax Rate Category and the nature of the items comprising it (i.e., utility costs, fuel, and oil, equipment parts), any signifi- cant reductions cannot be made without changing the level of service. The Operating Budget is directly related to the level of service pro- vided by the City. For example, it is estima- ted that it will cost $435,000 to pay street lighting energy charges during 1978-79. This level of service is provided to residents in conjunction with City policy to provide street lighting on all City streets. Many of the operating expenses, such as utilities and pay- ments for outside refuse contractors, are difficult to reduce. For example, proposed 1978-79 utility costs total $1,438,780; payments to private refuse contractors are estimated at $680,000; and fuel, oil, tires, and equipment parts are projected to cost $642,210. During the next fiscal year, these costs alone will amount to approximately 45 percent of the entire General Tax Rate Operating Budget. However, the staff has taken a careful look into the activities of the City and has made certain recommendations within the budget as to reductions in services which they feel they can make. The resultant savings have been considered in arriving at the budget amounts. In addition, they have provided the Council with various alternatives (see Attachments o 3 and 4) for reductions that would fall within the Council's authority to establish policy. This Committee has reviewed all of these and has certain recommendations on these within its report. The following is a summary of the Operating Budget indicating (1) the amount proposed for each City program, (2) the increase or decrease over the amount approved last year, plus any supplemental amounts budgeted during this year, i.e., Title II - Antirecessionary Funds; (3) pertinent comments concerning the items included in the specific budgets, and (4) a page number reference to the applicable budget in the preliminary budget book. MANAGEMENT SERVICES Mayor (Page 16) - $6,610 (+ $200) This minor increase results from higher requests for telephone and office supplies. Bakersfield, California, May 31, 1978 - Page 17 City Council (Page 18) $462,500 (- $4,825) Last year's budget included a special assess- ment for the construction of the new League of California Cities' office building in Sacramento. The elimination of this item and minor increases in other accounts results in this net decrease. The budget amount for audit £ees has been reduced by this Committee by $1,150 as the contract for the annual audit is below the estimate used in the preliminary budget. City Manager (Page 22) - $181,580 (+ $7,275) The increase results from budgeting for rental of a mag-card memory typewriter used in the City Clerk's office, which was authorized by the Council during this fiscal year, increased election costs due to three councilmatic elec- tions being held in 1979 and psychological testing and counseling for personnel. These increases are offset by a decrease in the request for office supplies. Community Promotion - (Page 26) - $29,000 (no change) This budget provides funds, on a contractual basis, to the Greater Bakersfield Chamber of Commerce for industrial promotion and City growth (see Attachment #5). Insurance - (Page 30) $650,000 ( - $20,000) This budget provides for the premiums for the City's liability and fire insurance. The staff is in the process of evaluating the bids received for the proposed self-insured liability program and will make a recommendation in the near future. It is anticipated there will be a savings to the City. Councilman Strong asked when the staff will be making a recommendation on the proposed self-insured liability program and if it will be within the $650,000. Assistant City Manager-Finance Kelmar stated the recom- mendation will be made at the next Council Meeting and it will be within the amount budgeted. Councilman Christensen asked if the deductible fee that has to be paid has been raised. Assistant City Manager-Finance Kelmar stated the premium will be significantly less, probably half of what the City is currently paying. However, a reserve will have to be setup in Bakersfield, California, May 31, 1978 - Page 18 order to pay claims up to the self-insured amount. If the City has a $250,000 self-insured amount and only pays $100,000 out in claims, then the City will be $150,000 ahead. ENVIRONMENTAL SERVICES Waste Water Services - (Page 40) (+ $87,610) $417,530 This increase is primarily attributable to an increase of $71,900 in the electricity account. This results from utilizing electricity rather than the internally generated methane as a power source during the upgrading and in the completed Plant No. 2. The gas-powered pumps must be replaced by electric pumping equipment in order to achieve the higher level of treatment. In addition, new storm pump stations have been constructed by the City. Higher internal equipment rental costs and administrative cost allocation account for most of the remaining increase. Refuse Management Services - (Page 46) - $1,241,295 (+ $133,985) This budget is up due to an estimated increase in payments to private refuse contractors in the amount of $99,230 and higher internal equipment rental costs. The higher payments to the private refuse contractors results from increases in residential and commercial growth both in the northeast and southwest areas. It is our understanding that these outside collectors will be requesting an increase of 20 percent from the Council, and if granted, would increase this budget by approximately $135,000. Councilman Strong asked if the $133,985 and $135,000 figures are one and the same. Assistant City Manager-Finance Kelmar stated the $135,000 would be above the increase that is indicated in this report. Councilman Medders indicated that $135,000 represents the request from Kern Refuse Disposal, Inc., that was referred to the Budget Review and Finance Committee earlier this evening. DEVELOPMENT AND TRANSPORTATION SERVICES Development Services Administration - (Page 55) - $87,635 (+$51,650) This increase is solely attributable to two items in the Community Development Block Grant Program - $30,000 for the proposed joint feasibility study with the County regarding Bakersfield, California, May 31, 1978 - Page 19 113 Senior Citizens Centers and the reimbursement to the City for administrative time and ex- penses to carry out the $1,274,000 Block Grant Program. Planning (Page 59) $66,755 (- $38,315) In the current year's budget, $40,000 has been budgeted for consulting services for a water and sewer study for the Rio Bravo area. The lack of this budget item in next year's budget accounts for this decrease. The replacement of a nine-year old typewriter which is experiencing very high maintenance costs and the purchase of additional filing cabinets are proposed capital purchases. Public Works Administration - (Page 63) - $57,805 (+ $2,650) This budget is up due largely to higher internal equipment rental charges and custodial services cost allocation. Engineering Services - (Page 67) - $148,475 (+ $10,055) This budget is up due to higher stationery and office supplies needs resulting from the pro- cessing of numerous parcel and tract maps, Community Development Block Grant projects and the proposed Truxtun Avenue extension project. The purchase of a surface moisture gauge, three calculators, drafting table and desk, are proposed £rom Gas Tax Engineering funds. The remaining increase comes from higher custodial services and administrative cost allocations. The Public Works Director (see Attachment #6) has recommended an increase in the fee schedule for checking tracts and parcel maps. The present fee schedule was adopted in November of 1954 and should be increased to at least the level charged by the County of Kern. This Committee supports this change and recommends the resolution containing the fee schedule be changed to reflect this increase. This would result in an annual increase in revenue of approximately $7,000. Streets - (Page 72) - $833,685 (+ $124,940) This increase primarily results £rom a higher request of $59,360 for the purchase o£ street materials and $57,860 for internal equipment rental charges. Of the increase for street materials, $52,000 is proposed for funding from Title II - Antirecessionary Funds. This increase in street material purchases is due to a 16 percent price increase, growth of the City, backlog of street and alley repairs, deterioration o£ streets due to heavy rains and need to provide maintenance due to a lack of funds for reconstruction. It is anticipated 114 Bakersfield, California, May 31, 1978 - Page 20 this level of funding should remain constant for future years except for inflation and City growth. The Public Works Department has recommended in the preliminary budget the City discontinue the practice of staking, grading, and paving for curb and gutter construction for individual residential properties. This service is not provided for commercial properties. This would result in a savings of $3,500 per year. From an operational standpoint, this type of special service is considered very inefficient. It is the opinion of this Committee that if this type of special service is desired, it would be preferable for the City to institute a charge to recover costs and we would so recommend. Councilman Strong asked if there are a lot of requests for staking, grading and paving for curb and gutter construction, and what the recommendation would be to compensate for this cost. Councilman Sceales stated there are very few City tax- payers using this service, however, the majority are helping pay for it. The recommendation would be a user-pay concept, whereby, the person making the request will pay a fee for having the service provided by the City. Councilman Strong asked if the adherence to the user- pay concept was employed in determining all the cuts and additions in this budget. Councilman Sceales stated no, the user-pay concept was applied as much as it was felt practical. Councilman Strong asked how the fee schedule would be established. Councilman Medders stated the fee for this type of work would be the actual cost of doing the work. Traffic Control - (Page 77) - $309,095 (+ $56,120) Of the $56,120 increase, the request for electricity costs for traffic signals accounts for $24,800 of this amount. Additional pur- chases of $7,000 for paint and other materials for traffic striping are necessary to keep up with the City growth. To assist in accomplish- ing this work, an additional paint crew is being recommended by the City Manager and will be reviewed by the Governmental Efficiency and Personnel Committee. In addition, State law Bakersfield, Cali£ornia, May 31, 1978 - Page 21 115 now requires fail-safe devices be installed on traffic signals and a two-year program is proposed to accomplish this at an annual cost of $5,400. These devices prevent the signal from showing green both ways. The remaining increase is due to higher internal equipment rental charges and administrative cost allocation. PUBLIC SAFETY SERVICES Police Services - (Page 97) - $1,715,990 (+ $47,045) Of this increase, $25,445 occurs within operating materials and charges and the re- maining amount in departmental capital pur- chases. School crossing guard costs are up $14,195 and increased internal equipment rental charges make up the major increases which are offset by a number of decreases in various accounts. The most significant capital purchases are the replacement of 26 portable radios in the amount of $43,160, and l0 radio alarms for $10,250. The portable radios average about l0 years of age, which is at least three years above their normal useful life, and are experiencing numerous failures. The radio alarms were requested last year and were deferred. These alarms are older and parts are no longer avail- able for repairs. In addition, they will not be compatible with the new communication system design within a few months. Other significant proposed purchases are a word processor dictation tank and equalizer for $6,900 and a portable X-ray machine for $4,900. The dictation tank is necessary to provide a second priority channel to carry the dictation load and the X-ray machine will allow bomb technicians to determine within minutes whether or not a package, suitcase, etc. contains a bomb. The City Manager has informed us that since the preparation of the preliminary budget, he and the Police Chief have discussed the overtime amount within the Police budget. As a result of the timing requirements between the hiring of new officers and sending them to the Police Academy and normal turnover within the depart- ment, the department generally is operating with ~ number of vacant positions. The need then for a large overtime account is minimized as necessary funds can be transferred from regular salaries to the overtime account. The City Manager indicated that $190,000 from the overtime account can be reduced from the Police Department's budget. The Council should be aware that if emergencies should arise and the balance of $95,000 in the overtime account is not adequate, a transfer of funds from the Council's contingency may be necessary. 116 Bakersfield, California, May 31, 1978 - Page 22 The Police Chief has recommended (see Attach- ment #7), the Council consider establishing a false alarm charge due to the excessive number of false alarms (98% false alarms rate). He estimates if the number of false alarms were reduced to an acceptable level, as many as three officers could be eliminated. The other alternative would be not to respond to alarms but have the alarm companies respond and then contact the Police Department if a burglary has been committed. Both the Chief and this Committee could not recommend this as an alternative. However, we feel we could support a charge as outlined in the Chief's memorandum and would recommend an ordinance to do so be adopted. Recognizing that false alarms may be caused by defective alarms or improper settings of alarms, we would recommend the charge not be operative until September 1, 1978, to give users an opportunity to correct these types of situations. We propose that six months after the charge is instituted an evaluation be made of the effect of the ordinance and adjust the number of officers accordingly (i.e., eliminate vacant positions). The Chief estimates, based on the current false alarm rate, approximately $60,000 of revenue would be generated less the cost of a temporary clerical position to administer the program. In addition, the Police Chief has indicated as an alternative for the Council (see Attach- ment #3, Items #5 and #6) that the Police Department stop investigating non-injury accidents and not dispatch officers for certain types of misdemeanors such as petty theft, malicious mischiefs, etc. The City Manager has indicated that as an alternative to not performing these functions, the Council may want to hire four additional civilian Community Service Technicians to perform these tasks and eliminate four officer positions (i.e., vacant positions) which would save the City about $25,000 per year. We would recommend the Governmental Efficiency and Personnel Committee consider this during their meetings regarding budget matters. Fire Services (+ $23,905) (Page 108) - $1,012,320 This increase results from an increase of $35,955 in departmental capital purchases off- set by a reduction of $12,050 in the total of operating materials and charges. The most significant decrease in the operating accounts occurs in the telephone account of $13,280. The Council may recall that last year's capital improvement program contained a radio alarm notification system for the department in the amount of $72,000. This was proposed to re- place the use of telephone lines, and after a period of five to six years, would pay for itself in savings from telephone line leasing costs. Bakersfield, California, May 31, 1978 - Page 23 117 The proposed capital items total $215,745-- of this, the purchase of fire hydrants for new subdivisions account for $160,820. Other major capital items are the purchase of a pager, portable radios and mobile radios totalling $8,365, to be used as spares. Presently, fire equipment must be taken out of service while waiting for radio parts and service. The continuing program of replacing old beds and squad room chairs amounts to $4,570. Purchases for various training aids total $6,705. Various pieces of equipment for firefighting purposes are proposed in the amount of $18,090. This Committee has deleted the request of $1,600 for an MT 500 portable radio as the vehicle for which it was needed was not approved. The Fire Chief has indicated in his memorandum (Attachment #4, Item #16) the Council consider requiring the developers of new subdivisions or any area where fire hydrants are required to purchase the fire hydrants rather than the City paying for them. This would save the City $160,820. Upon further investigation, we learned that the prevalent practice of other cities in California is to require the developers to purchase them. This matter has been under consideration for some time by both the Planning Commission and Council. In addition, the developers are responsible for all other utilities within subdivisions and normally the hydrants are installed at the same time. We would recommend the Council amend the sub- division ordinance to require the above. The City would still have to purchase these hydrants in order to maintain the standards required, however, the developer would then purchase them from the City. This Committee is aware that this one-time charge would be passed on to the home buyer, however, it would result in a lower property tax rate which the homeowner is paying every year. Building Services (+ $174,525) (Page 115) - $247,990 The $167,000 included in the Community Block Grant Program for the housing rehabilitation program accounts for most of this increase. In addition, $3,000 is being proposed for professional and consulting services to assist the department on occasions in technical matters relating to structures, concrete, soils and materials. Higher internal equipment rental charges and administrative cost allo- cation comprise the remaining increases. The replacement of a 14-year-old typewriter and a very old steno chair are being requested. Repair and Demolition - (Page 119) $89,000 (+ $9,000) This budget provides for the demolition of dangerous buildings. City-funded program Bakersfield, California, May 31, 1978 - Page 24 costs are assessed against affected property owners and ultimately paid back to the City through the tax rolls. In addition, the spot blight program funded through Coramunity Development Block Grant is included in this budget as well. Street Lighting - (Page 121) (+ $27,435) $499,430 This increase is due to the growth of the City and resultant increase in street lights. Of this request, $30,700 is proposed for funding by Title II - Antirecessionary Funds. Similar to the fire hydrant situation, the Public Works Department has indicated as an alternative for the Council (see Attachment #2) to require the developer to pay for street light poles. Currently, the developer pays $125 towards the price of the pole; the pole is owned by P. G. & E. and the City pays a monthly maintenance and energy charge. By requiring the developer to pay the entire cost of the pole, they would pay $300, the City would own the pole and would be relieved of most of the monthly maintenance charge. This would result in annual savings of about $3,600 next year and increase to about $7,200 the second year. Again, this Committee feels this one-time minor charge would be passed on to the home buyer, however, it would result in a continuing budget reduction and therefore recommend this City policy be changed. RECREATIONAL AND CULTURAL SERVICES Recreation - (Page 130) - $148,490 (+ $2,035) As previously discussed when this budget was adopted in April, to enable the Recreation Department to being their hiring for summer programs, the increase in these operating accounts is primarily attributable to higher utility costs. Parks (Page 136) - $663,600 (+ $68,970) Of this increase, $34,600 results from higher utility costs and the remaining amount is due to higher internal equipment rental charges. Some of these utility costs are recovered from users of swimming pools and softball diamonds. The departmental capital purchases of $10,800 consists of the continuing program to replace worn-out playground equipment, wooden picnic table planks with aluminum and obsolete sprinkler heads. The Public Works Director has indicated (see Attachment #2) the Council may want to consider closing Weill Park resulting in a savings of $10,400. The area surrounding the park has become industrialized, there are very few Bakersfield, California, May 31, 1978 - Page 25 119 group picnics, and generally the park does not receive very much use. This Committee can support this, however, we would recommend the property be sold and the park relocated to another site north of the present location, possibly along the river bed, to serve the same area. The Public Works Department has recommended within the preliminary budget the following reductions of service in the Tree Maintenance Section: ao Eliminate tree spraying on the public right-of-way and spray only parks and median islands resulting in a budget savings of $29,000. b. Eliminate the private brush-hauling program. Reduce the trimming program to include only trimming for safety and vehicular and pedestrian obstructions resulting in a savings of $35,800. The City is presently only spraying a small percentage of the trees in the public right- of-way and only one time. Since the laws have changed as to the type of insecticides that may be utilized, the spraying is only effective for two to three days, whereas previously it may have lasted for a couple of months. In addition, within a few days insects on trees in the yards adjacent to these trees are on the trees sprayed. It has become a very ineffective program. As the Council may recall, last year the charge for brush-hauling was increased to $25 to help defray costs. As a result, the amount of revenue has decreased substantially. From an operational standpoint this is an inefficient program, i.e., scheduling. Besides, the City is competing with private industry. Trimming trees for safety and removing vehicular and pedestrian obstructions should be the responsibility of the City. However, it has been the City's practice when trimming these trees which are in the public right-of-way that have been planted by property owners to trim the rest of the tree in order to balance it, which is quite time consuming. It is the Public Works Director's feeling this practice should be eliminated and the balancing should be the property owner's responsibility. This Committee concurs with this recommendation. However, in the case of brush-hauling, we would like to see the City have a list of names of those who provide this service, so when any inquiries are made, we may provide some assistance for the citizens. 120 Bakersfield, California, May 31, 1978 - Page 26 Auditorium - (Page 141) - $314,095 (+ $26,190) Increased utility costs of $7,575, higher in- ternal equipment rental charges, and adminis- trative cost allocation account for the increase in this budget. Capital purchases include turnstiles with a built-in counter, replacement of trash receptacles, and certain modifications to improve the sound system. The Auditorium-Recreation Manager has recommended in the preliminary budget the elimination of the public ice skating program due to the costs involved versus the income generated. The program is utilized whenever there is a five- day break in the scheduling which mainly occurs during the month of August. It is the opinion of this Committee that if the program can be operating on a break-even basis by scheduling it just prior to and immediately after the Ice Capades in order to reduce the program costs (i.e., not having to make the ice especially for public ice skating), it should be continued during those periods only. Cunningham Art Gallery - (Page 146) - $3,625 (+ $280) This increaseresults from a higher gas request and custodial services allocation. SUPPORT SERVICES Finance - (Page 155) - $72,220 (+ $5,875) Increased printing costs, higher legal adver- tising and custodial services cost allocation account for this increase. The replacement of two printing calculators and a 30-year-old cash receipting machine are proposed capital purchases. Data Processing (Page 160) - $76,730 (- $3,980) Reduced rental rates on data processing equip- ment and purchases of stock paper result in this decrease. The purchase of additional disk packs for storage of data and a cabinet to store disk packs are being requested. City Attorney - (Page 164) - $46,435 (+ $5,305) This increase results from the budgeting for the rental of a mag-card memory typewriter, authorized by the Council during this fiscal year, higher custodial services cost allocation and increased costs to maintain the law library. General Services (+ $65,800) (Page 169) - $288,365 Utility costs account for $41,410 of this in- crease. The operation of the new Corporation Yard for a full year is the primary cause of Bakersfield, California, May 31, 1978 - Page 27 12_1 this added cost. Additional maintenance costs in connection with air-conditioning systems, higher internal equipment rental charges and administrative cost allocation account for another $10,790 of this increase. Proposed improvements to the building interior at the Police Pistol Range to enhance its utility and minor modifications within the Police Building to interrogation rooms and the elevator account for most of the remaining increase. Equipment Management - (Page 174) - $96,385 (- $2,735) Equipment Management is responsible for the maintenance of 490 pieces of equipment for all departments except Fire. The above program cost of $96,385 includes the sum of the total salaries and supplemental benefits, operating expenses and departmental capital outlay, less the equipment rental charges made to other departments and the Water Department for the use of the equipment. The operating expense portion before rental charges to departments amounts to $1,362,325 or $94,490 more than last year. Of this, $81,640 represents an increased equipment replacement provision which results from the increases cost of equipment and numbers of pieces of equipment. The remaining increase is attributable to purchases of equipment. The decrease in the overall budget results from the adjustment made in rental rates in certain programs to reflect more realistically the cost of operating the applicable equipment. Of the $59,290 of capital purchases, $39,650 are related to new positions being recommended by the City Manager. These new positions will be reviewed by the Governmental Efficiency and Personnel Committee and a recommendation will be made to the Council at the budget hearings in June. An additional turf tractor to assist in maintaining the increased park acreage, a pickup for the supervisor in the Traffic Signal Maintenance Section, and additional air brooms and backpack blowers for park maintainers comprise the majority of the remaining amount. CONCLUSION It should be obvious to everyone that a great deal of time and thought have gone into the preparation of next year's City budget. The staff and this Committee both are acutely aware of the taxpayers' sentiments. The in- creases in the operating budget for the most part represent costs over which we have very little control. We feel the department heads have been very prudent in their requests. There have been a concerted effort to eliminate programs which are not considered sound and an emphasis to remove others which benefit 122 Bakersfield, California, May 31, 1978 - Page 28 certain groups from property taxes and place them on a user-pay basis. We feel it is most necessary to shift these non-property related services to a user-pay concept. Recognizing the public's desire for property tax relief, as evidenced by the interest in Proposition 13, the need to place less reliance on property taxes as a revenue source, and the desire of the residents of this City to continue to receive the level of service they have come to expect, this Committee would recommend the Council strongly consider the adoption of a refuse collection charge effective January l, 1979, as recommended in our report number 5-78. The revenue derived from this, the funds available for property tax relief within the City Manager's recommended budget for 1978-79, and the reductions in the budget recommended by this Committee in the amount of $424,570, will enable the City's general tax rate, ex- cluding bond tax rate, to be reduced from $2.36 per $100 assessed valuation to $.80 per $100 assessed valuation, or a total reduction of $1.56. The property tax reduction will more than offset the additional cost resulting from the refuse collection charge for even a homeowner with a very modest home with a market value of $20,000. It is this Committee's opinion that the reductions in programs and charges recommended should be adopted by the Council regardless of the passage or failure of Proposition 13, as it will result in a more effective City operation. Mayor Hart declared the hearing open for public partici- pation. Mr. Sherman Tyler, representing the State and County Commissions on Aging, questioned the staff regarding the proposed direct charge for refuse collection. Mr. Tyler stated he is not opposed to the direct charge for refuse collection for property owners, etc., but is concerned about elderly persons on fixed incomes being able to pay. Mr. Tyler requested that the Council consider not charging elderly persons on fixed incomes for refuse collection. No additional persons wishing to speak, Mayor Hart closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, May 31, 1978 - Page 29 Councilman Rogers stated that this is a very exciting time, and if the tax rate can be rolled back to $.80 per $100 assessed valuation it will set a climate for good things to happen to the City, like new business and things of that nature. Councilman Barton asked if the $1.56 reduction in the tax rate is all based on the user-pay concept for refuse collection; if not what percentage does that represent. Councilman Medders stated no, the user-pay concept for refuse collection represents a part of the reduction in the tax rate. The rest of the reduction represents various reductions in reserves, unexpected surpluses and a number of other items. Councilman Strong stated there is an inference in the proposed Refuse Collection Ordinance that fees collected would only be used to offset the cost of providing that service and he asked if that was true. Assistant City Manager-Finance Kelmar stated the refuse collection operation is budgeted in the General Fund. The estimated budget for next year is 2.1 million dollars, so the charge is 20% to 30% below the cost of that operation. Councilman Medders made a motion that Report No. 6-78 from the Budget Review and Finance Committee regarding Operating Budget for Fiscal Year 1978-79 be accepted. Councilman Strong asked if the Jarvis-Gann Amendment passes would the proposed tax rate reduction be null and void. City Manager Bergen stated that it is his understanding that the $.80 proposed tax rate would satisfy the requirements of the Jarvis-Gann Amendment. It is also his understanding that the intent of the Budget Review and Finance Committee's report is to reduce the property tax rate so that it does not matter what happens to the Jarvis-Gann Amendment. The report would require some amendments to existing ordinances or adoption of new ordinances to implement the recommendations. 124 Bakersfield, California, May 31, 1978 - Page 30 Police Chief Price explained that one of the recommenda- tions is that it will be necessary to adopt an ordinance estab- lishing a false alarm charge. Councilman Medders' motion that Report No. 6-78 from the Budget Review and Finance Committee regarding Operating Budget for Fiscal Year 1978-79 be accepted, was approved by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales Noes: Councilmen Christensen, Strong, Barton Absent: None Councilman Christensen stated that until all the facts are in he would have to vote no. Councilman Strong stated that based on the position he took yesterday, he would like a little more time to consider the total budget and for the time being would vote no. Adoption of Resolution No. 54-78 of the Council of the City of Bakers- field approving and adopting the Operating Budget for the Fiscal Year 1978-1979. Upon a motion by Councilman Medders, Resolution No. 54-78 of the Council of the City of Bakersfield approving and adopting the Operating Budget for the Fiscal Year 1978-1979, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales Noes: Councilmen Christensen, Strong, Barton Absent: None Councilman Christensen stated, in clarifying his negative vote that, I can't vote on it after it was passed to me in the last two minutes. Councilman Barton stated he read the resolution after it was given to him and he has no problems with it, except Section 2 which states, everything is contingent upon adoption by the City Council of a refuse charge ordinance. Therefore, based on Bakersfield, California, May 31, 1978 - Page 31 125 that, and the fact that we seem to have a sliding scale type of tax reduction and budget, even though he agrees with about 90% of the Committee's report, the other 10% makes him vote no. Councilman Rogers requested that the staff furnish Mr. Sherman Tyler a copy of the proposed Refuse Collection Ordinance, because he seems to have the impression that some special groups or units will not be charged for refuse collection. Upon a motion by Councilman Rogers, the Budget Hearings were adjourned at 10:55 P.M., regular Council Meeting. Council, recessed and the Council reconvened to the RECESS There being no further business to come before the upon a motion by Councilman Christensen, the meeting was at ll:00 P.M., until Tuesday, June 6, 1978, at 12 Noon. ~A~of th i~r M sfield, Calif. ATTEST: CITY CL~K an E~Clerk of the Council of the City of Bakersfield, California ma 126 Bakersfield, California, June 6, 1978 Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:10 P.M., June 6, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance. Present: Mayor Hart. Councilmen Christensen, Medders, Rogers, Sceales, Strong Absent: Councilmen Ratty, Barton DEFERRED BUSINESS Deferral of an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and Establishing a Direct Charge therefor. Mayor Hart asked the City Attorney if the Council should proceed with the ordinance being presented today, because there are only five Councilmen present at the meeting, or if it should be deferred until such time as the entire Council is present. City Attorney Hoagland stated on matters of importance, such as this, it is the Council's prerogative to recess until all members are present, otherwise, the Council is at ceed. It is not required that the Council recess are present. On the other hand, the Council can, determination. Councilman Strong made a motion until there is a full Council importance. City Manager Bergen of the Council is June 14th. to consider liberty to pro- until all members itself, make that that the Council recess a matter of this ordinance until the next regular meeting. Councilman Strong indicated that it was acceptable to him. stated that the next regular meeting The Council might want to defer this Bakersfield, California, June 6, 1978 - Page 2 127 Councilman Christensen stated that he was under the impression that this meeting was called so the ordinance could be adopted prior to the vote on Proposition 13 - Jarvis-Gann Amend- ment. City Attorney Hoagland stated the Jarvis-Gann Amendment becomes effective July 1st. It all depends on the interpretation of whether this is a special tax or not or whether it is a service charge. To be on the safe side it should have been passed, if that is the will of the Council, prior to the vote on the Jarvis- Gann Amendment. Subsequent to that time there are arguments that can be made that the Council can adopt the ordinance prior to July 1st. Councilman Christensen asked if it was true that the Council was informed, by the staff, that it was necessary that this special meeting be called purposefully to act upon the ordinance before the vote on the Jarvis-Gann Amendment was in. City Attorney Hoagland stated that was true. That was a safety measure. Councilman Rogers asked the City Attorney how many votes are required to pass an ordinance such as the one being considered today. City Attorney Hoagland stated a majority of the member- ship of the Council, except when there is a tie and for that purpose the Mayor may vote. Councilman Strong's motion that the Ordinance of the Council of the City of Bakersfield amending the Bakersfield Muni- cipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and Establishing a Direct Charge therefor, be deferred until the Council Meeting of June 14, 1978, was approved. 128 Bakersfield, California, June 6, 1978 - Page 3 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Sceales, the meeting was adjourned at 12:20 P.M. Bakersfield, Calif. ATTEST: CITY C~K and ~x~ Clerk of the Council of the City of BakerSfield, California ma Bakersfield, California, June 14, 1978 199 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., June 14, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. William H. Davies member of the High Council of the Church of Jesus Christ of Latter-. Day Saints. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen None Minutes of the Special Meeting of May 30, 1978, Regular 1978, were Meeting of May 31, 1978 and Recessed Meeting of June 6, approved as presented. CORRESPONDENCE Upon a motion by Councilman Sceales, communication from Philip Fickert, 2526 - 16th Street, opposing direct charge for Refuse Collection, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Gloria Sierra, 1215 Chester Place, dated May 30, 1978, complaining about the construction on Chester Avenue, was received and ordered placed on file. Upon a motion by Councilman Strong, communication from Lorenzo Gupton, 325 Hayes Street, dated May 30, 1978, regarding trash, weeds and lack of sidewalks in his neighborhood, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from Dean Gay, Kathy Bader, Mel Madruga, Anna Kirby and Marilyn A. Wertz, dated June 2, 1978, regarding last minute campaigning by three individuals against the rezoning of Ming Avenue and New Stine Road, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Harold H. Russo, 1145 Hedding Street, San Jose, California, dated 130 Bakersfield, California, June 14, 1978 - Page 2 June 6, 1978, requesting a 90-day extension on Agreement No. 77-54 for Parcel Map No. 3624, was received, ordered placed on file and referred to the Public Works Department. Upon a motion by Councilman Sceales, communication from Alexander Grant & Company, Certified Public Accountants, dated June 9, 1978, regarding seminar to assist in preparation of action plan in light of the passage of Proposition 13, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from Tenneco Realty Development Corporation, dated June 13, 1978, requesting amendment for property located Center Drive on both referred Scranton, to the Land Use Element of the General Plan in the area between Marella Way and Business sides of California Avenue, was received and to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Medders read a communication from Cora A. 2824 - 4th Street, dated June 3, 1978, complimenting traffic at the scene o£ an accident that occurred during the Annual Bakersfield Police Bicycle Rodeo. REPORTS Councilman Rogers, member of the Legislative Committee, read Report No. 1-78 regarding AB 2659, as follows: AB 2659 (Alatorre) AB 2659 is another bill which would mandate arbitration in t~matter of employee grievances. It would effectively remove from management and the Council any prerogatives for settle- ment of grievances. This bill was reported in the League of California Cities Legislative Bulletin of April 28, 1978. The League opposes AB 2659. Aside from the loss of local control, the bill includes an SB 90 disclaimer thus forcing additional costs on the city. The Legislative Committee recommends AB 2659 be opposed and our legislators notified of such opposition. the Bakersfield Police Department Explorers Post 521 for directing Bakersfield, California, June 14, 1978 - Page 3 131 Upon a motion by Councilman Rogers, Legislative Report No. 1-78 regarding AB 2659 was approved, and the Mayor was requested to prepare the necessary communications to Legislators expressing the Council's opposition. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5251 to 5438, inclusive in the amount of $1,667,826.53. (b) Claim for Damages from Lionel L. Ramos Company, Insurance Claim~ Service, on behalf of Ellars, Inc. Refer to City Attorney) (c) Claim for Personal Injuries from Jean Smith, 3028 Spruce Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Northern California Joint Pole Association, 215 Market Street, Suite 819, San Francisco. (Refer to City Attorney) (e) Claim for Damages from Pacific Telephone and Telegraph Company. (Refer to City Attorney) (f) Easement from City of Bakersfield to Pacific Gas & Electric Company providing for underground utilities to serve Tract No. 3952 and is within a City drainage basin site and existing overhead power- line easement. (g) Grant Deed from Gannon-Tichenor Develop- ment Company providing site for drainage basin as required for Tract No. 4045. (h) Street Right-of-Way Deed from Michael A. Moss for a portion of Wilson Road as required for Parcel Map No. 4842. (i) Street Right-of-Way Deed from Leland E. Chow and Arlene L. Chow for a portion of South Real Road as required for Parcel Map No. 4860. (J) Grant of Easement from City of Bakersfield to Pacific Gas & Electric Company for right-of-way necessary for construction, maintenance, etc., of underground elec- trical facilities to serve City Well No. 9 in Quailwood Park. (k) Improvement Agreement for Parcel Map No. 4734 with the First Baptist Church of Bakersfield. 13 2 Bakersfield, California, June 14, 1978 - Page 4 (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3722 - Contract No. 77-145 with Wayne Vaughn-Kern Valley Homes. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3872 - Contract No. 77-65 with Tenneco Realty Development Corpora- tion. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3873 - Contract No. 77-66 with Tenneco Realty Development Corpora- tion. Notice of Completion and Acceptance o£ Work on Street and Sewer Improvements under Tract No. 3874 - Contract No. 77-67 with Tenneco Realty Development Corpora- tion. Notice o£ Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3875 - Contract No. 77-68 with Tenneco Realty Development Corpora- tion. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3885 - Contract No. 77-78 with Tenneco Realty Development Corpora- tion. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3886 - Contract No. 77-79 with Tenneco Realty Development Corpora- tion. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3904 - Contract No. 77-113. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3950 - Contract No. 77-152 with York Valley Development Company. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3955 - Contract No. 77-135 with Tenneco Realty Development Corpora- tion. Notice of Completion and Acceptance of Work on construction of various Storm Drains, Phase II, in portions of "V" Street and 2nd Street - Contract No. 78-37 with Granite Construction Company. Bakersfield, California, June 14, 1978 - Page 5 133 (w) (x) Notice of Completion and Acceptance of Work on construction of various Storm Drains, Phase II, in portions of Hayes Street and 2nd Street - Contract No. 78-17 with Granite Construction Company. Notice of Completion and Acceptance of Work on Storm Drain construction in "K" Street, "V" Street and 31st Street Contract No. 78-16 with Granite Construc- tion Company. (Y) Notice of Completion and Acceptance of Work for Air Conditioning System in City Hall Basement - Contract No. 77-139 with California Sheet Metal. (z) Plans and Specifications for construction of Fairfax Road from State Highway I78 to Auburn Street and pavement widening on State Highway 178. (aa) Request from Ralph Smith Realtors to ex- tend Contract No. 77-146 completion time for six months, until October 4, 1978, for Tract No. 3842. (bb) 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, and setting Wednesday, July 12, 1978 for hearing on the matter before the Council. (cc) Resolution No. 55-78 of the Council of the City of Bakersfield fixing Wednesday, July 26, 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 "Bernard No. 4," proposed to be annexed to the City of Bakersfield. (dd) Easement Agreement between the City of Bakersfield and Mount Vernon-Panorama Sanitation District for permanent pipe- line easements for City sewer mains within the District property. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa), (bb), (cc) and (dd) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None 134 Bakersfield, California, June 14, 1978 - Page 6 ACTION ON BIDS Upon a motion by Councilman Sceales, low bid of Farnholtz Tire Service for Annual Contract No. 11479 for Recapping, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, low bid of Omega Construction Company for installation of Underground Fuel Storage Tanks at the New Corporation Yard, was accepted, the other bid rejected and the Mayor was authorized to execute same. Referral of Self-Insurance Liability Program to Budget Review and Finance Committee for further study and recommendation. Assistant City Manager-Finance Kelmar stated the City's present insurance carrier, Industrial Indemnity, gave notice that they would not renew the policy for the next fiscal year. With the Council's concurrence the staff put this out to bid and received a number of proposals from three different firms. The bid summary indicates the deductible amounts are in the range of $100,000 to $500,000. The staff has attempted to indicate, on the Bid Summary, pertinent information regarding each of the proposals. It is the opinion of the staff that the Council should consider approving the proposal from Kindler, Laucci & Stewart with a deductible of $100,000. The bid is within the amount budgeted for next year, provides the City with the least cash out- lay and it has the least amount of exposure when you consider this is the first year for this type of program. In addition the staff feels the quality of the companies providing the insurance are excellent. Councilman Sceales stated that he will abstain from voting on the Self-Insurance Liability Program because he has a financial interest as he belongs to the agents association that participates in the commissions. Bakersfield, California, June 14, 1978 - Page 7 135 During a lengthy discussion, Councilman Strong stated there are a number of cities that have dollar one insurance coverage and there is a reason they have it as opposed to those who do not. This is something that should be discussed in committee and perhaps remedied to some extent. If there is something the City of Bakers- field is doing to increase liability it should be known. The information which would suggest that was apparently given to the insurance companies but not to the Council. The Council should be privileged to that information. Councilman Strong made a motion that the Self-Insurance Liability Program be referred to the Budget Review and Finance Committee for further study and recommendation. Councilman Sceales stated that the City is not going to obtain better bids than what has been presented tonight. The Council either accepts this or the City will be without insurance effective July l, 1978. Assistant City Manager-Finance Kelmar stated that the bids submitted on the Self-Insurance Liability Program will be good until the end of this month. Councilman Christensen stated that he thought a conflict of interest precluded the person from even discussing the subject. Councilman Strong's motion that the Self-Insurance Liability Program be referred to the Budget Review and Finance Committee for further study and recommendation, was approved. Councilmen Ratty and Sceales voted in the negative on this motion. DEFERRED BUSINESS Deferral of action on Report from the City Manager regarding Data Processing Study. Action on this report was deferred from the Council Meeting of May 31, 1978. After discussion, upon a motion by Councilman Strong, action on report from the City Manager regarding Data Processing 136 Bakersfield, California, June 14, 1978 - Page 8 Study, was deferred until after the hearing tonight is concluded on the Operating Budget for Fiscal Year 1978-79. Adoption of Ordinance No. 2412 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 north of Stockdale Highway and east of the future alignment of Gosford Road. The application for this zone change was made by Tenneco Realty Development Corporation and would change subject property from an R-S (Residential-Suburban) Zone to an R-1 (One Family Dwelling) Zone; from an R-S (Residential-Suburban) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone; from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone; and from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to (Limited Multiple Family Dwelling - Architectural Design) Upon a motion by Councilman Medders, Negative Declaration and Ordinance No. 2412 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 north of Stockdale Highway and east of the future alignment of Gosford Road, finding said zonings consistent with General Plan, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Strong, Barton, Christensen Noes: None Absent: Councilman Rogers Adoption of Ordinance No. 2413 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 40th Street and "Q" Street. an R-2-D Zone. Bakersfield, California, June 14, 1978 - Page 9 137 The application for this zone change was made by Helfac Corporation and would change subject property from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2413 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 40th Street and "Q" Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Christensen Noes: None Absent: Sceales, Strong, Barton, Councilman Rogers NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 7.90 to the Municipal Code, concerning the regulation of Outdoor Festivals. This ordinance provides regulations for the conduct of outdoor music festivals within the City Limits. It is similar to the ordinance recently adopted by the County of Kern. First reading was considered given an Ordinance o£ the Council of the City of Bakersfield adding Chapter 7.90 to the Municipal Code, concerning the regulation of Outdoor Festivals. Adoption of Resolution No. 56-78 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. 266 (Belle Terrace No. 1). Subject property consists of the north half of Belle Terrace Avenue between the Stine Canal and 100 feet west of Fiorito Street. 138 Bakersfield, California, June 14, 1978 - Page 10 The Planning Commission reviewed the annexation request and recommended approval of the boundary. Upon a motion by Councilman Sceales, Resolution No. 56-78 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. 266 (Belle Terrace No. 1), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None Adoption of Resolution No. 57-78 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. 267 (California Avenue No. 4). Subject property consists of East California Avenue between Union Avenue and South King Street. The Planning Commission reviewed the annexation request and recommended approval of the boundary. Upon a motion by Councilman Strong, Resolution No. 57-78 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. 267 (California Avenue No. 4), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Ayes: Noes: Absent: None None Adoption of Resolution No. 58-78 of the Council of the City of Bakers- field requesting Kern County Local Agency Formation Commission to approve revision of City's Sphere of Influence and that such Com- mission find that such request can be considered and studied as part of periodic review. Bakersfield, California, June 14, 1978 - Page 139 This amendment to the City's Sphere of Influence includes territory within Kern River No. 6 Annexation located westerly of the existing boundaries between the Kern River and Stockdale Highway. This resolution initiates the procedure for LAFCO to amend the City's Sphere of Influence. Upon a motion by Councilman Rogers, Resolution No. 58-78 of the Council of the City of Bakersfield requesting Kern County Local Agency Formation Commission to approve revision of City's Sphere of Influence and that such Commission find that such request. can be considered and studied as part of periodic review, was adopted and referred to the Public Works Department for filing with LAFCO by the following roll Ayes: call vote: Councilmen Medders, Ratty, Rogers, Barton, Christensen None None Noes Absent: Sceales, Strong, Adoption of Resolution No. 59-78 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. 264 (Pacheco No. 7). The proposed annexation consists o£ approximately 55 acres of uninhabited territory generally located north o£ Pacheco Road, westerly of Hughes Lane, easterly of Wible Road and southerly of the City Limits. This resolution initiates the preliminary proceedings for annexation of Pacheco No. 7. Upon a motion by Councilman Sceales, Resolution No. 59-78 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. 264 (Pacheco No. 7), was adopted and 140 Bakersfield, California, June 14, 1978 - Page 12 referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None Adoption of Resolution No. 60-78 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. 265 (Pacheco No. 8). The proposed annexation consists of approximately 39 acres of uninhabited land and is located southerly of Pacheco Road, easterly of the Greenfield Junior High School and westerly of Union Avenue. This resolution initiates the preliminary proceedings for annexation of Pacheco No. 8. Upon a motion by Councilman Barton, Resolution No. 60-78 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. 265 (Pacheco No. 8), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Ayes: Noes: None Absent: None Adoption of Resolution No. 61-78 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. 262 (Wible No. 3). The proposed annexation consists of approximately one acre of uninhabited land and is located adjacent to the north side of the Freeway 99 on/off ramps at Ming Avenue and is adjacent to the east side of Wible Road. Bakersfield, California, June 14, 1978 - Page 13 Ayes: Noes: None Absent: None This resolution initiates the preliminary proceedings for annexation of Wible No. 3. Upon a motion by Councilman Sceales, Resolution No. 61-78 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. 262 (Wible No. 3), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Adoption of Resolution No. 62-78 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. 263 (Wible No. 4). This proposed annexation is an inhabited "Island Annexa- tion" and consists of 30.8 acres of land located between Planz Road and Kennedy Street, and between Real Road and Wible Road. Under the 1977 Municipal Reorganization Act, the municipality that surrounds an island consisting of 100 acres or less may initiate annexation proceedings. This resolution initiates the necessary proceedings to annex this island. Upon a motion by Councilman Sceales, Resolution No. 62-78 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. 263 (Wible No. 4), was adopted and referred to the Public Works Department for filing with LAFCO by the Ayes: Noes: Absent: following roll call vote: Councilmen Medders, Ratty, Rogers, Barton, Christensen None None Sceales, Strong, 142 Bakersfield, California, June 14, 1978 - Page 14 Approval of request of Assistant City Manager-Finance for authorization to write-off Uncollectible Accounts Receivable. Upon a motion by Councilman Medders, the Assistant City Manager-Finance was authorized to write-off Uncollectible Accounts Receivable totaling $221.01 and 50 individual Uncollectible Damage Claims totaling $17,893.68, with collection efforts to be continued by the City's collection agency, Herbert P. Sears Co. Approval of Electric Service Agree- ments between the City and Pacific Gas and Electric Company for electric service at 15 locations for the City's Treatment Plant Expansion Project. Upon a motion by Councilman Ratty, Electric Service Agreements between the City and Pacific Gas and Electric Company for electric service at 15 locations for the City's Treatment Plant Expansion Project, were approved and the Mayor was authorized to execute same. Approval of Agreement between the City and Pacific Gas and Electric Company for de-energizing a 12 KV line along the south line of the New City Corporation Yard. Upon a motion by Councilman Ratty, Agreement between the City and Pacific Gas and Electric Company for de-energizing a 12 KV line along the south line of the New City Corporation Yard to permit the installation of light poles for the Yard, was approved and the Mayor was authorized to execute same. Approval of 195-Day Extension of Time for Contract No. 77-171 with Sully-Miller Contracting Company for Northwest Bakersfield Drain, Pump Station Expansion. Upon a motion by Councilman Ratty, 195-Day Extension of Time (until August 18, 1978) for Contract No. 77-171 with Sully- Miller Contracting Company for Northwest Bakersfield Drain, Pump Station Expansion, was approved. Bakersfield, California, June 14, 1978 - Page 15 143 HEARINGS This is the time set for public hearing before the Council on an Appeal by Lusich, Patrick, Henderson, Mueller & Associates, Inc., to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-2-D ((Limited Multiple Family Dwelling - Architectural Design), certain properties in College Avenue within or more restrictive, Zone, affecting those the City of Bakersfield located north o£ the 5900 through 6100 blocks. This hearing has been duly advertised and the property owners have been noti£ied as required by law. The Planning Commission at their regular meeting of May 17, 1978, denied the request for rezoning as it was the opinion of the majority the proposed zoning would not be compatible with the adjacent R-1 zoned and developed properties. The applicants have requested that this hearing be continued until the Council Meeting of June 28, 1978. Mayor Hart asked if there was anyone in the audience who objected to or was in favor of continuing this hearing. No one came forward to speak and the Mayor closed the public portion of the hearing. Upon a motion by Councilman Rogers, Appeal by Lusich, Patrick, Henderson, Mueller & Associates, Inc., to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, affecting those certain properties in the City of Bakersfield located north of College Avenue within the 5900 through 6100 blocks, was continued until Wednesday, June 28, 1978, by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None 144 Bakersfield, California, June 14, 1978 - Page 16 RECESS Upon a motion by Councilman Rogers, the Council recessed the regular meeting for Budget Hearing at 9:00 P.M. BUDGET HEARING City Manager Bergen stated that the operating portion of the budget should be adopted prior to June 30, 1978. The City has not had assurances that factual decisions on Proposition 13 will be forthcoming before the end of this month. Therefore, based on the facts before the Council this evening it would be proper to proceed with this budget hearing and adopt some portion of it by July 1st for the coming fiscal year. Councilman Medders stated it was not his intention to re- read Report No. 6-78 from the Budget Review and Finance Committee regarding Operating Budget for Fiscal Year 1978-79, which was accepted and approved by the Council at the meeting of May 31, 1978. At this point the City does not have an Operating Budget because the resolution adopting that budget was tied in with the adoption of a Refuse Collection Charge Ordinance, and that ordinance was not passed. Assistant City Manager-Finance Kelmar reviewed a summary entitled "Summary of Financial Condition 1978-79 Fiscal Year," as follows: Carryover Balance Estimated Revenues Other Than Property Taxes Payroll Reserve Reduction Cash Basis Reserve Reduction Property Taxes Available Resources Proposed Budget Available for Property Tax Relief Without With Passage Passage of Jarvis of Jarvis $ 3,900,000 $ 3,900,000 15,475,000 15,475,000 485,000 485,000 1,000,000 7,550,000 2,400,000 27,410,000 23,260,000 24,910,000 24,910,000 $ 2,500_,_0p0 Budget Deficit ($ 1,650,000) Bakersfield, California, June 14, 1978 - Page 145 After discussion Mayor Hart declared the hearing open for public participation. Mrs. Anne Monroe, 3991 Marella Way, spoke in opposition to the service charge for refuse collection because she felt it is contrary to the will of the people when they voted in favor of Proposition 13. Mrs. Monroe also asked several questions about the previous Refuse Collection Charge Ordinance that was rescinded by the Council several years ago. Mr. Nurl Renfro, 1915 - 20th Street, stated he felt the proposed Refuse Collection Ordinance has not been properly presented to the public and is not a user-pay concept, but a fund raising procedure. There has not been testimony that people want to main- rain the same level of tell elected officials, to tighten their belts. services. It seems people are trying to on all levels, that the public is willing Mrs. Collan Daniels, 1516 Pacific Street, stated that her water bill, from California Water Service Company, includes a charge for refuse collection. Mr. Paul Bittick, 257 Jefferson Street, stated one of his refuse pickup days is Monday and everytime there is a Monday holiday his garbage is not collected. If the City makes it a service charge he wants two days service the same as everyone else. Mrs. Roger Narinian, 3200 E1Encanto Court, asked several questions about the revenue that would be derived from the proposed refuse collection charge. She also asked if the City has considered turning the refuse collection over to the private sector. Councilman Rogers stated that turning the refuse collection over to the private sector has been discussed and it is an excellent suggestion. If that was done it would be put on a strictly user-pay concept and eliminate a lot of problems and head- aches for the Council. Councilman Strong stated that Mrs. Narinian's has been considered at least once or twice a year since suggestion he came on 146 Bakersfield, California, June 14, 1978 - Page 18 the Council. The staff's answer has been that the present services are superior to those that would probably be offered by a private contractor based on experience with them in certain portions of the City. At the present time the City is in a very good financial position, and if that is a compliment to the staff it is meant that way. There are surpluses that are figured into this budget amounting to almost $4,000,000. There is no one that he knows of, and he does not believe thereis fear on the part of any employee or employee group, that they will lose their job. Councilman Strong also stated that it would be his suggestion to take the mandate of the Jarvis-Gann Amendment and live within what the City has. The message of the people is that they want a reduction, that has been said here tonight. The people are willing to tighten their belts and forego a few deluxe services in order to get that reduction. No one else indicated a wish to speak and Mayor Hart closed the public portion of the hearing for Council deliberation and action. Councilman Rogers stated the budget presented to the Council, after being cut by the Manager and department heads, was then reduced by a half million dollars, which is significant. He stated Councilman Strong mentioned a $4,000,000 surplus in the budget and cutting services that people do not want; and asked where the $4,000,000 surplus is and what services should be cut. Upon a motion by Councilman Scea~es, the Council declared a brief recess at 10:25 P.M. and reconvened at 10:30 P.M. Council- men Strong and Christensen voted in the negative on this motion. Councilman Strong stated that he is not a member of the Budget Review and Finance Committee nor part of the staff. He stated that out of a total budget of $37,000,000 he could find some way of cutting less than $1,000,000 without any difficulty. Probably one of the first things that he would cut is a study of Data Processing, which no one seems to know anything about. It Bakersfield, California, June 14, 1978 - Page 147 was admitted and a matter of record that it is just an experiment, that no one else has done it. That would save $80,000 right there.. In answer to Councilman Rogers' question about the $4,000,000; at the very top of the financial summary there is a carryover balance of $3,900,000 and on the General Tax Category proposal there is a carryover from prior years of $4,053,950. It is recognized that there are adjustments made to these amounts, but that is where that figure came from. Councilman Strong, referring to a memorandum from Assistant City Attorney Oberholzer, dated May 27, 1978, asked him to comment on the fact that it does not refer to the effective date of the Jarvis-Gann Amendment, only to the passage of it; and what is the emergency if the ordinance does not go into effect until the first of next year. Assistant City Attorney Oberholzer stated that with respect to the reference regarding the passage of the Jarvis-Gann Amendment, the issue that was presented by the Budget Review and Finance Committee was the proposal of a regular ordinance adopting a refuse charge. The answer was directed to the question "what effect would Proposition 13 have on this." It was the staff's opinion, at that time taking the conservative approach, ~hat passing the refuse collection charge as a regular ordinance would have to be accomplished before the June 6th election results. Proposition 13 contains a clause which states that a two-thirds vote of the qualified electors is necessary to adopt a special tax, effective July 1st for cities and counties. It is now being recommended, if the Council wants a refuse ordinance, that it will have to be passed as an Emergency Ordinance. Passing it as an Emergency Ordinance brings it into the area of being a tax. Prior to June 6th the City had some options of calling it a service charge, user fee or tax. The emergency is to balance the budget. The City Charter provides for the enactment of Emergency Ordinances for the daily 148 Bakersfield, California, June 14, 1978 - Page 20 operation of municipal departments and appropriation of money through a service charge for such things as refuse collection. Councilman Strong stated he keeps hearing talk about balancing the budget. The only way to balance the budget is to reduce spending, it is as simple as that. What has happened here is the staff has presented the Council with some figures, and what they are saying is that these figures cannot be altered in any way, form or fashion. They must be acted upon the way they are and nothing can be cut. Councilman Strong stated he disagrees with that. We are not talking about all essential services. He stated he has no way of going through and scrutinizing each and every charge that would show up in a $37,000,000 budget. It does not take too much intelligence to know some of it can be cut. The amount that has to be cut, in this particular case, is very small and he does not see the emergency. The prudent approach would be to wait until more is known out some of these proposals and wait until the staff is about the Jarvis-Gann Amendment. Cut that are experimental, not essential in a position to fully analyze the effects of the Jarvis-Gann Amendment. If, at that time, it appears that this Council will be faced with a deficit, then a fee could be imposed. If this Council did not have votes for an Emergency Ordinance they would vote for a fee with four votes, it is as simple as that. He did not think that people would hesitate to accept a fee if it was shown it was required to keep up certain levels of essential services. He did not feel that Assistant City Attorney Oberholzer answered his question and would not ask him to attempt to do it again. Adopting an Emergency Ordinance in June that does not go into effect until January cannot be thought of as an Emergency Ordinance. If there were two dates that the Council should have been concerned with it should have been given that option. One time period had to do with the passage of the Jarvis- Gann Amendment and the other with the time it goes into effect. For those two reasons, and many others, this Council should take a Bakersfield, California, June 14, 1978 - Page 149 wait and see approach like every other City board throughout the State. City Manager Bergen stated that he feels compelled, on behalf of the staff, to take issue with several statements that Councilman Strong made. First of all the record should show that the budget being discussed is the Operating Budget. The total expenditures, if you take restricted funds (Capital Improvement), water operation, Redevelopment Agency, etc., is approximately $37,000,000. Secondly, the staff worked for several months reducing this budget and the record shows significant cuts have been made. It should not be glossed over by the Council. The staff prepared memorandums with various alternatives for reductions. Not reducti©ns that the staff would necessarily recommend but ones the Council could evaluate. The staff has requested input from the Council. Now the last statement where it is talked about the Council taking a wait and see approach until the City finds out the effect of the Jarvis-Gann Amendment, it could be several years before the total effects are known. This City should proceed and operate with the best information that is available at this time. Mr. Bergen stated that he did not feel the answers will be forthcoming as rapidly as some people think. Councilman Sceales made a motion to adopt an Emergency Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.48 and sub- stituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and establishing a Direct Charge therefor. Councilman Christensen stated he considered a Garbage Tax to be a very unfair tax. He considers a Utility Tax to be a fair tax, when compared to garbage, because it is based on the ability to pay and use. If a Garbage Tax is passed a reduction should be included for the poor, aged and infirmed. Some of the staff did not get the message, eight days ago, when the taxpayers 150 Bakersfield, California, June 14, 1978 - Page 22 told State, County and City government that the days of wine and roses had come to an end. He did not think a new tax had to be passed to create a bigger slush fund because down the road, six months to a year from now, when the City needs the money, then consider the tax. He also did not think the staff or Financial Department of the City really understands the impact of the Jarvis- Gann Amendment, because there are State and County officials who do not understand it, there are too many unknowns. Councilman Ratty stated these comments and bland state- ments, by some Councilmen, that the City has room to cut really distress him as to their responsibility to review the budget and counsel with staff, which they have offered, to look over this budget to find places to cut. He stated that he and several other Councilmen have gotten together to find cuts and found out where the painful items would be. Cuts have been made to the point where it is felt it is prudent. We cannot get answers from them about the statement that there is another $500,000 or $1,500,000, they just say it can be done. Well it cannot unless people are laid off. Councilman Barton stated he had done a lot of research on this item before the Council tonight. A decision will have to be made and he will offer an amendment that will, hopefully, help resolve some of the problems that may exist with people in to the Refuse Collection Program. This amendment is being in light of the following factors: 1. He is not totally convinced a volunteer refuse collection service in this City would be a good thing. 2. He would support a refuse collection service where everyone participates and the City can maintain a healthy atmosphere. Councilman Barton offered a substitute motion, if the following items were amended in the Emergency Ordinance: respect offered Bakersfield, California, June 14, 1978 - Page 23 15:1 Page ll - Section 8.48.130 Refuse Collection Points. (a) & (b) be reverted back to the service now in effect, except change the 100 foot reference to 50 foot. Refuse collection fee be reviewed on an annual basis at a budget session and the collected fee for refuse service be re- stricted to that function and not trans- ferred to the General Fund. That any surplus be either rebated directly back to the user or as a reduction in the user fee. Because of the cost factor that the City utilize the refuse service within the City at the present time. City Manager Bergen summarized several changes suggested to the Emergency Ordinance that was included in the packets and the. effect it will have on the City budget, as follows: GENERAL - Requires all occupants (owners) to pay charges for refuse services. SINGLE FAMILY DWELLINGS - Charge of $3.00 per month for curbside or alley pickup. No limit on number of cans. $3.00 per month additional charge for non-standard or walk-in service. Billing - City has option of collecting residential charges on the tax roll or may bill directly to all occupants on a quarterly basis. The staff assumes charges can be placed on the tax roll. MULTIPLE FAMILY DWELLINGS - Charge of $2.50 per month per unit or optional use of detachable bins. Billing is on a quarterly basis. ALL OTHER PLACES - Charge of $3.00 per month for two cans, or $2.50 per month per unit or optional use of detachable bins or standard containers. Billing is on a quarterly basis. These charges also provide for adjustments as listed in the Ordinance in Section 8.48.070 (a) & (b) (Page 9). Assistant City Attorney Oberholzer summarized two changes that were made in the ordinance and explained the procedure that must be followed by the Council in considering the ordinance. RECESS Upon a motion by Councilman Medders, the budget session was recessed at ll:15 P.M. and the regular meeting was reconvened. 152 Bakersfield, California, June 14, 1978 - Page 24 Councilman Rogers stated that the new ordinance states that there will be twice a week pickup of refuse with no mention of holidays, and he wanted to make sure that with all the Monday holidays that there will be twice a week pickup for everyone. Public Works Director Hawley stated that the present ordinance does indicate twice a week pickup, but it has been the policy of the City that on certain holidays throughout the year that there would not be refuse collection services. Councilman Rogers stated that since there is going to be an equal fee there should be equal service, and he suggested that something be done so that the people on the Monday schedule do not take the full brunt of the holiday situation. City Manager Bergen stated that the Director of Public Works would make a report back to the Council on the holiday schedule situation. Adoption of Emergency Ordinance No. 2414 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by re- pealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and Establish- ing a Direct Charge therefor. Councilman Sceales made a motion to adopt an Emergency Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.48 and sub- stituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and Establishing a Direct Charge therefor. City Manager Bergen stated that if he understood Council- man Barton's intent of part i the wording in Section 8.48.130 Refuse Collection Points (b) (Page 12) would be eliminated and the wording from the ordinance now in effect would be inserted, to read as follows: Bakersfield, California, June 14, 1978 - Page 25 153 "In those portions of the city where there are no alleys, properly prepared refuse, except grass clippings, leaves or trimmings shall be placed adjoining the private driveways, where feasible, as near the front of the house as practicable, but in no case, more than fifty (50) feet distance from the curbline adjacent to the street from which such driveway extends. Properly prepared grass clippings, leaves or trimmings, and any refuse contained in poly- ethylene or plastic bags shall be placed not more than ten feet from the curbline." (d) (Page 12) be changed to read as follows: "In no event shall the collector be required to collect refuse through any gate, nor shall such collector be required to collect refuse through any trellis, pergola, arbor, clothes- line, carport or within any enclosed structure. It shall be the responsibility of the person receiving refuse collection service to provide free and proper access to refuse containers." Councilman Barton offered a substitute motion that Emergency Ordinance No. 2414 New Series of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and Establishing a Direct Charge therefor, be adopted with the following amendments: The same level o£ walk-in service be main- tained with the modification as stated by City Manager Bergen. Strike any reference to a bi-annual review on January i and insert annual review of the fee during budget sessions. That surpluses be used to reduce service charges and no transfer of funds be made to any other function or to the General Fund. City Manager Bergen asked Councilman Barton if he accepted Section 8.48.070 (a) & (b). Councilman Barton stated that after reading what is now contained in the ordinance, it somewhat answers what he is saying about restricting the fees to the service. The only disagreement with those subsections is the review process, which should be stated more specifically. 154 Bakersfield, California, June 14, 1978 - Page 26 City Manager Bergen asked if under Section 8.48.070 (b) the following wording would be acceptable: "shall be increased or decreased annually during budget sessions in accordance with any changes in actual cost of that division." Councilman Barton answered in the affirmative. Councilman Barton's substitute motion that Emergency Ordinance No. 2414 New Series of the Council of the City of Bakers- field amending the Bakersfield Municipal Code by repealing Chapter 8.48 and substituting in lieu thereof a new Chapter 8.48, providing for the Collection, Removal and Disposal of Refuse and Establishing a Direct Charge therefor, with the outlined amendments, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Noes: Councilmen Strong, Christensen Absent: None Upon a motion RECESS by Councilman Medders, Sceales, Barton the Council recessed the regular meeting for Budget Session at ll:30 P.M. Adoption of Resolution No. 63-78 of the Council of the City of Bakers- field approving and adopting the Operating Budget for the Fiscal Year 1978-1979. Upon a motion by Councilman Medders, Resolution No. of the Council of the City of Bakersfield approving and adopting the Operating Budget for the Fiscal Year 1978-1979, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Ratty, Rogers, Sceales, Barton Councilmen Strong, Christensen None City Manager Bergen stated that he would like to point out that the recommendations that were approved with the Budget Review and Finance Committee report will require the adoption or modification of several ordinances and the staff will try to have those prepared by sometime next week or before the next regular meeting. He also stated that Budget Session on the Capital 63-78 Bakersfield, California, June 14, 1978 - Page 27 155 Improvement Budget will be held Monday, June 26, 1978, at 7:00 P.M. Upon a motion by Councilman Medders, the Budget Hearing was adjourned at 11:35 P.M., and the Council reconvened the regular Council Meeting. Councilman Medders made a motion that the Council recess until Tuesday, June 20, 1978 at 12 Noon for an Executive Session. This motion failed to carry by the following roll call vote: Ayes: Noes: None Councilmen Medders, Ratty, Barton Rogers, Sceales, Strong, Absent: None Pass: Councilman Christensen DEFERRED BUSINESS (Continued) Approval of Data Processing Operations Study. Upon a motion by Councilman Ratty, Data Processing Operations Study, was approved by the following roll call vote: Councilmen Medders, Ratty, Ayes: Rogers, Sceales Noes: Councilmen Strong, Barton, Christensen Absent: None RECESS There being no further business to come before the Council, upon a motion by Councilman Medders, the meeting was recessed at 11:40 P.M., until Tuesday, June 20, 1978, at 12 Noon. M f t~ersfield, Calif. ATTEST: CITY cio Clerk of the Council of the City of Bakersfield, California ma 156 Bakersfield, California, June 20, 1978 Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 12:15 P.M., June 20, 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 Medders, Ratty, Rogers, Sceales Absent: Councilmen Strong, Barton, Christensen REPORTS Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read Report No. 5-78 regarding New Employees, as follows: The Governmental Efficiency and Personnel Com- mittee recently met to consider the City Manager's recommendations regarding new employees for fiscal year 1978-79. Several months ago, the department heads requested 43 new positions, however, the City Manager reduced this number to 18. All of the department heads' original requests, as well as the City Manager's recommendations, have merit in keeping up with the present service level provided to the citizens of this City. However, due to the uncertainty of revenue, not only this year but also next year, the staff reconsidered their requests. After careful consideration, the GEP Committee further reduced this total to a net of three new positions for the fiscal year 1978-79. We recognize the importance of increased efficiencies in local government, however, in keeping with the voice of the people, this Committee, as well as the staff, is prepared to hold down costs wherever possible with a minimum decrease in services. The GEP Committee's specific recommendations will be forthcoming to the Council hopefully this next regularly scheduled meeting of June 28, 1978. Upon a motion by Councilman Rogers, Governmental Efficiency and Personnel Committee Report No. 5-78 regarding New Employees, was accepted and ordered placed on file. City Manager Bergen stated the staff feels the positions are warranted and needed based on growth, service levels, etc., but the trying times before the City are understood by management Bakersfield, California, June 20, 1978 - Page 2 157 and, therefore, this is the responsible thing to do and the Council is supported in this effort. Councilman Rogers stated the requests for new positions have a lot of merit and it is hoped the department heads understand the spirit in which the requests were denied. Later, after the Council has a better indication o£ the amount of revenue the City will have, requests will be considered. City Manager Bergen stated that during the next year there may be many difficult decisions that will need to be made. The next budget (1979-80) will probably be much more trying than this budget (1978-79). Many of the funds that are allowing the City to meet Proposition 13, this year, are one time funds (carry- overs, reserves, etc.) that have built up in the past. Some of those funds will not be available next year, but the staff is hopeful there will be other funds available to reduce the impact. The uncertainties existing due to the passage of Proposition 13 are what motivated management to recommend to the Council that they hold up any additional new positions even though they are needed and justified. The basis that we should use is, if it will increase efficiency or is a direct service to the public it will not be recommended for deferral. It is a responsible approach that the is following and the staff is encouraging and supporting Council it. EXECUTIVE SESSION Upon a motion by Councilman Sceales, the Council recessed to an Executive Session at 12:25 P.M., for consultation with the City's Labor Negotiators. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Rogers, the meeting was adjourned at l:15 P.M. o~of Bakersfield, Calif. ATTEST:Y CITY CL~and x-~~~cio Clerk of th~ Council of the City of BakeP~field, California ma 158 Bakersfield, California, June 26, 1978 Minutes of the Council of the City of Bakersfield, California, meeting in budget session at 7:15 P.M., June 26, 1978. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and a moment of silence for William M. Ketchum, Congressman of the 18th District, who passed away June The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Ratty, Rogers, Sceales, Barton, Christensen, Medders Absent: Councilman Strong Public Hearing on Federal Revenue Sharing Funds. Mayor Hart declared the meeting open for public hearing on Revenue Sharing Funds. No one in the audience indicated a wish to speak and Mayor Hart closed the public hearing. City Manager Bergen stated that he was contacted by Mr. Lacy Henry and Mr. Julius Holder, representatives of K.C.E.O.C., regarding the needs that they had outlined that might be funded with Revenue Sharing funds. The record shows that Julius Holder of K.C.E.O.C. made a presentation at the public hearing on Revenue Sharing funds held by the Planning Commission. Mr. Bergen stated that he called K.C.E.O.C. and informed them of this hearing, how- ever, was unable to contact Mr. Henry personally. EXECUTIVE SESSION Upon a motion by Councilman Ratty, the Council recessed to an Executive Session at 7:20 P.M., for consultation with the City's Labor Negotiators regarding Meet and Confer Sessions. The Council reconvened the Budget Session at 8:45 P.M. CAPITAL IMPROVEMENT PROGRAM 1978-79 The Council and staff reviewed the Capital Improvement Program for Fiscal Year 1978-79 by categories, as follows: ENVIRONMENTAL SERVICES A total of $12,141,000 is proposed for improve- ments related to storm drains, sewers and waste water treatment for the next five years. 24, 1978. Bakersfield, California, June 26, 1978 - Page 2 159 The major project, in the amount of $5,330,000, is the expansion of Waste Water Treatment Plant No. 3 in the southwest area. This need results from the development that has and will be occurring in this area of the City. This pro- ject will be financed primarily through grants from the Environmental Protection Agency. The local share is proposed to come from bond funds. Storm drains, in the amount of $1,359,000, are proposed in this five-year program. This in- cludes the completion of the City's share for the northeast storm drain project. In addition, the $409,000 of storm drain projects funded through Community Development Block Grants should significantly resolve the drainage problems within the target area. Sewer projects total $4,652,000, the most significant being the Gosford-Calloway inter- ceptor sewer in the amount of $2,575,000. It is also necessitated by the development in the southwest area. It will be financed in a similar fashion as the expansion of Plant No. 3. In answer to a question by Councilman Barton, Public Works Director Hawley stated that the areas where problems occurred during the storms earlier this year were mostly at locations where there are drainfields. The storm was very unusual and far exceeded any prior storm on record, and because of its duration most of the drainfields filled. The flooding that occurred was in the vicinity of these drainfields and for that reason very few, if any, are shown on this budget. The items being recommended are new storm drains. RECREATION AND CULTURAL SERVICES A total of $1,209,615 is proposed for improve- ments related to parks and the Civic Auditorium for the next five years. Of the $208,955 requested for park improvements for the 1978-79 fiscal year, $187,715, or approximately 90 percent, will be financed from various State sources. The City will begin the development of these new parks in this fiscal year - Castle Park, University Park and Quail- wood Park. Funds totaling $750,000 are proposed in the five-year program for Auditorium improvements including $400,000 for a storage building and $350,000 for property acquisition to meet parking needs. No funds are proposed for expenditure in the 1978-79 fiscal year for the Auditorium. 160 Bakersfield, California, June 26, 1978 - Page 3 PUBLIC SAFETY SERVICES A total of $1,295,000 is proposed for improve- ments related to the Police and Fire Depart- ments. The $170,000 included for the Police Depart- ment primarily consists of improvements to the Communications System which are necessi- tated by the increase of the area within the City limits and problems with the reliability of telephone lines carrying radio messages. Of the $1,125,000 proposed for the Fire Department, $530,000 is included for two new fire stations, one to serve the southwest area and the other for the Rio Bravo area. The remaining funds are primarily for remodeling at various stations. City Manager Bergen stated the Intergovernmental Relations Committee is presently meeting with representatives of the County of Kern to discuss Fire Protection Services for the Bakersfield Metropolitan area. It is reasonably certain that during the coming year there will be recommendations from that Committee which should result in significant savings in the area of Fire Protection. The Fire Chief, after meeting with the County Fire Chief, has assured the staff that the proposed Fire Station in the southwest area is needed on the basis of all present City and County stations that are located in that area, and it is needed regardless of the study that is underway. Fire Chief Needham stated that the site for the proposed Fire Station is located on Gosford Road, south of Ming Avenue (southeast of Cal State Bakersfield). City Manager Bergen stated that it is possible that the proposals for the 1979-80 budget could be modified as recommendations are submitted by the Intergovernmental Relations Committee as a result of meetings with the County of Kern. DEVELOPMENT AND TRANSPORTATION SERVICES A total of $12,292,600 is proposed for improve- ments related to streets, traffic signals and parking. The most significant project, in the amount of $1,334,000, is the proposed extension of Truxtun Bakersfield, California, June 26, 1978 - Page 4 161 Avenue from the City Corporation Yard entrance to Stockdale Highway. This project will be entirely financed by Federal and State revenue sources. A total of $285,000 is included over the five- year period to acquire property in the Civic Center area as it becomes available to meet future parking needs. Councilman Ratty stated that earlier this year, at a seminar, a Councilman stated that the low income areas, prime target areas, have not gotten their fair share of money and they were not going to get it as depicted in the 1978-79 budgets. He requested that this be cleared up because the map indicates it circles the impact area. Public Works Director Hawley outlined, with the aid of a map, the Community Development Projects in the current budget and then pointed out the projects for Fiscal Year 1978-79. SUPPORT SERVICES A total of $2,500,000 is proposed for improve- ments related to City Hall. These funds represent the estimated costs for the structure proposed to be constructed south of the present West Wing and connected thereto. In last year's capital improvement budget, the Council authorized funds for the architect to design the building. The building would consist of a basement, ground level floor and two upper floors. City Manager Bergen stated that at last year's Capital Improvement Budget hearing the Council authorized proceeding with this project. There is a present need for space in Public Works, Building and Planning Departments. The architect has reaffirmed that remodeling or refurbishing the recently purchased Haberfelde Building is not cost effective. Construction costs are going up monthly and efficient operation requires the space. City Manager Bergen stated that next year's budget will be very difficult and it is very important that the staff obtain input from the Council during the year. If the people, because of Proposition 13, feel the City needs less public facilities, such as parks, etc., that should be conveyed to the staff so that the input 162 Bakersfield, California, June 26, 1978 - Page 5 can be evaluated during the coming year. It is earnestly requested that each Councilman talk to their constituents during the coming year, keeping in mind the present level of services and facilities being provided, and find out if they want more or less services. The staff is requesting that the Council assist in coming up with ideas for balancing the budget next year, both from expenditure and revenue sides. Upon a motion by Councilman Medders, the Capital Improve- ment Program for Fiscal Year 1978-79, was approved. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:20 P.M. of tie C~of Bakersfield, Calif. ATTEST: ~LE~and Ex~f-fi CITY K cio Clerk of the Council of the City o£ Bakersfield, California ma Bakersfield, California, June 28, 1978 163 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., June 28, 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 Rogers, Sceales, Strong (seated at 8:05 P.M.), Barton, Christensen, Medders, Ratty Absent: None Minutes of the Regular Meeting of June 14, 1978 and Recessed Meeting of June 20, 1978, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Rogers, communication from Garone Cattle Company, dated June 22, 1978, requesting that the rent for Sewage Plant No. 2 (Sewer Farm Lease Agreement No. 73-57) be waived for the year 1978, was received and referred to the Water and City Growth Committee for study and recommendation. Upon a motion by Councilman Sceales, Claim for Damages from New West Investment Company, 2129 Chester Avenue, dated June 23, 1978, was received and referred to the City Attorney. Upon a motion by Councilman Ratty, Claim for Damages from Granite Construction Company, P.O. Box 900, Watsonville, California, dated June 26, 1978, was received and referred to the City Attorney. Upon a motion by Councilman Sceales, communication from Mary Ann Pieri Cook and Peter LaCava, dated June 16, 1978, requesting annexation of property located south of Brundage Lane, north of State Highway 178 and west of Union Avenue, was received and referred to the Planning Commission for study and recommendation. REPORTS Councilman Sceales stated that when the bids came before the Council at the meeting of June 14, 1978, on the Self-Insurance 164 Bakersfield, California, June 28, 1978 - Page 2 Liability Program he stated he had a financial interest and has since found out that he does not have a conflict of interest in this program. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 7-78 regarding Bids on Self- Insurance Liability Program, as follows: The City Council has referred to this Committee for study and recommendation the bids received by the City for self-insured liability program. This Committee has met with the staff to discuss this matter. The Council should first be aware of the his- tory of liability insurance as it relates to government and this City in particular. For many years this City and many others in California were insured by a company called Pacific Indemnity. As of June 30, 1974, this company completely withdrew from insuring all municipalities. For the 1974-75 fiscal year, a company called Providence Washington insured the City, however at the end of that year the company withdrew from conducting business within California. At that time the City went out to bid and only received one bid; Industrial Indemnity, with whom we have been insured since that time. However, they indicated they would not renew the City's policy for the 1978-79 fiscal year. Over the last four years the City's premium has increased from $78,000 to $630,000. The City's recent experience is very similar to what has occurred with other municipalities, counties and school districts in California. The following are a few of the reasons: (1) Increased claim frequency on the part of the general public. (2) Erosion of traditional governmental immunities. (3) Lenient attitude of judges and juries in awards. (4) Increased loss costs as a result of in- flation. The Research Department of the League of Cali- fornia Cities has indicated that based on their information no cities in California have full liability insurance coverage. However, the City's staff has determined that of the seventy- five cities in California with a population of over 50,000, sixty-four are self-insured and five others are involved in a Joint Powers Insurance Authority, thus leaving six that have full insurance coverage. Bakersfield, California, June 28, 1978 - Page 3 165 Upon learning in January the City's policy would not be renewed, the staff contacted other cities to determine if there were other insurance markets available. Various brokers and agents were contacted by the City and others contacted us when it was learned we were in the market. The culmination of this effort resulted in the bids received (see Attachment #1). This Committee has reviewed the bids received and concurs with the staff's recommendation of Kindlet, Laucci, and Stewart based on the following: (1) It is within the amount budgeted. (2) Provides the least cash outlay. (3) Provides the least amount of exposure. (4) Quality of the insuring companies. A self-insurance program requires the City to retain a claims administrator to process and investigate claims and establish reserves. The City is currently utilizing the firm of Brown Brothers Adjusters to handle the claims under the City's workers' compensation self- insurance program. They have made a proposal to also administer the self-insured liability program (see Attachment #2) and we would recom- mend they be retained to act as claims administrator. Upon a motion by Councilman Medders, Report No. 7-78 from the Budget.Review and Finance Committee regarding Bids on Self-Insurance Liability Program, was accepted; the firm of Brown Brothers Adjusters was retained to act as claim administrators for the Self-Insurance Liability Program; and bid of Kindler, Laucci & Stewart for City's Self-Insurance Liability Program, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 6-78 regarding Governmental Efficiency and Personnel Committee's Recommendations Regarding New Positions, Reclassifications, Salary Adjustments and Title Changes, as follows: As reported at the June 20, 1978 City Council meeting, the GEP Committee has met to consider the City Manager's recommendations regarding 166 Bakersfield, California, June 28, 1978 - Page 4 new employees for fiscal year 1978-79. Attached to this report is a copy of memorandum from the City Manager to the GEP Committee which outlines the Manager's recommendations. At last week's meeting, we reported that the department heads requested 43 new positions totalling in excess of $900,000, however, the City Manager reduced this number to 18 which totalled $350,000. All of the department heads' original requests, as well as the City Manager's recommendations, have merit in keeping a ser- vice level which has been modified through recommendations of the Budget Review and Finance Committee and will be provided to the citizens of this City. The attached graphs clearly indicate the requests are warranted, for example: The City's population has grown from 71,000 to 88,000 in the past l0 years. The area of the City has expanded from 21 square miles to nearly 58 square miles in this same time period. The number of City employees has increased from approximately 658 to 765 in the past l0 years, however, this increase also includes the water company employees which transferred to the City from Tenneco. The GEP Committee is sympathetic to the needs of the various departments, however, due to the uncertainty of revenue, not only this year but also in the years to come, we have looked again at these various requests, and after careful consideration, further reduced these requests to a net of three (3) new positions for the fiscal year 1978-79. As was pointed out last week, we recognize the importance of increased efficiency in local government, however, in keeping with the voice of the people, this Committee, as well as the staff, is prepared to hold down costs wherever possible with a minimum decrease in services. We feel that this approach is fiscally and feasibly sound and will maintain certain efficiencies that will in the long run result in a direct savings to the public. With this thought in mind, this Committee's recommendations for fiscal year 1978-79 are as follows: POLICE DEPARTMENT With the number of requests from the Chief of Police for additional positions, the GEP Committee is recommending the Council authorize $5,000 for an overview study and reserve $30,000 from savings in the 1977- 78 budget for a police management study. We feel the Chief's requests have merit, however, we would first recommend this study which could result in a savings to the City. 2. Reclassification of one Police Officer to Detective. Bakersfield, California, June 28, 1978 - Page 5 167 Reclassification of four Police Officers to Community Service Technicians, as recom- mended by the Budget Review and Finance Committee. 4. Reclassification of three Parking and Traffic Officers to Community Service Technicians. The reclassification of the Police Officers and Parking and Traffic Officers to Community Ser- vice Technicians will result in an overall savings of $12,120. CITY MANAGER~ CITY CLERK, FINANCE DEPARTMENT City Clerk 1. Title change of Receptionist to Clerk Typist II - no cost involved. Finance Department One new position of Accounting Clerk I. This position was recommended by the Budget Review and Finance Committee. COMMUNITY DEVELOPMENT Building Department 1. One new position of Building Inspector II. 2. One new position of Engineer III. Reclassification of three Building Inspectors II to Building Inspectors III. Salary adjustment for Plan Check Engineer to the Engineer IV pay level. Salary adjustment for Building Director to the same pay level as the Planning Director. The cost for these new positions, reclassifi- cations and salary adjustments will be recovered through revenues within the Building Department. Development Services One new classification of Community Develop- ment and Housing Coordinator. This position is subject to approval of the 1978-79 block grant application by HUD and the City of Bakersfield will be funded through this grant. Planning Department 1. Reclassification of two Assistant Planners to Assistant Planners II. 1_68 Bakersfield, California, June 28, 1978 - Page 6 PUBLIC WORKS DEPARTMENT Parks Division Eliminate two Tree Maintainer positions. The Committee also recommends that the Council consider one additional Park Maintainer. 2. Reclassify three Park Maintainers I to Park Maintainers II. o Reclassification of four Park Maintainers to Equipment Operators I. These reclassi- fications are at the same pay level, there- fore there is no cost involved. 4. Reclassification of three Tree Maintainers I to Tree Maintainers II. The Committee also recommends that the Council consider one additional Park Maintainer. Street Maintenance Division Reclassification of two Equipment Operators I to Equipment Operators II and one Equip- ment Operator II to Equipment Operator III of the Street Maintenance Section. o Reclassification of one Equipment Operator I to Equipment Operator II. Construction and Survey One new position of Engineering Technician I. Traffic Division 1. One new position of Engineering Aide I. AUDITORIUM-RECREATION DEPARTMENT Adjust salaries of temporary cashiers and junior recreation leaders 159 per hour to comply with the federal minimum wage law. SALARY ADJUSTMENTS In accordance with the A.D. Little Study, a salary survey was conducted this year for various benchmark positions. In order for the City's salary plan to remain equitable and current, it is important that it be continuously maintained. Salary adjustments have been made annually for all positions at the same level. As pointed out by our salary survey this year, some of the positions have fallen behind-- comparable positions throughout the community in both the public and private sector. In recommending salary adjustments for these positions, we have considered the following: 169 Bakersfield, California, June 28, 1978 - Page 7 Rates of pay for related classes; relative difficulty and responsibility of positions in the class; availability of qualified applicants in the occupation; turnover rate in the class; and prevailing rates o£ pay for similar employ- ment in both the public and private sector. Based on these facts, the Committee is recom- mending a two and one-half percent (2½%) salary adjustment for the following classifications: Equipment Mechanic; Welder I and II; Machinist; Air Conditioning Technician I; Electrical Technician II; Motor Sweeper Operator; Survey Party Chief; Engineer I and II; Engineering Technician I and II; and Data Processing Pro- grammer. The Committee also recommends the adjustment in salaries of the Accounting Clerk II, Clerk Steno II and Clerk Typist II in the White Collar Unit to reflect equal compensation with comparable classes within the Confidential Unit. The annual cost for these adjustments will be $20,000. The total annual cost for these new positions, reclassifications and salary adjustments to the City will be $123,981. Of this amount, $79,030 will be recovered through revenues, £ees and block grants, which results in a new cost of approximately $45,000. In order to effectuate these changes, the GEP Committee is recommending approval of this report and the attached job specifications. Upon a motion by Councilman Strong, Report No. 6-78 from the Governmental Efficiency and Personnel Committee regarding Governmental Efficiency and Personnel Committee's Recommendations Regarding New Positions, Reclassifications, Salary Adjustments and Title Changes, was accepted; and recommendations as outlined in the report, were approved. Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read Report No. 7-78 regarding Salary and Supplemental Benefits, as follows: In compliance with State law and the City's Employer-Employee Relations Ordinance, the City's designated representative, Nicholas Counter, along with the management team, has held numerous Meet and Confer Sessions with representatives of the International Brother- hood of Police Officers (IBPO) and the Service Employees International Union (SEIU) which represent the City's Blue and White Collar workers. In addition, the management team has consulted with representatives of the General Employees Supervisory Unit, Confidential Unit and the Police Supervisory Unit. 170 Bakersfield, California, June 28, 1978 - Page 8 The Governmental Efficiency and Personnel Com- mittee (GEP) met with the management employees regarding their requests for salaries and supplemental benefits. In all cases, agree- ments have been reached. Unlike many cities throughout the State, the City of Bakersfield has been fortunate in past years for maintaining a £iscally sound attitude in regards to employer-employee relations. By maintaining this approach over the years, we have been able to arrive at a mutually-agree- able salary and supplemental package for the City employees and once again stay within our budget guidelines. We feel this is possible because of good management and the high level of productivity the City employees have main- tained. Based upon these facts and guidelines estab- lished by the City Council, the GEP Committee makes the following recommendations for salaries and supplemental benefits for fiscal year 1978- 79: POLICE UNIT (Represented by International Brotherhood of Police Officers (IBPO)) Two-Year Contract Effective the first pay period in July 1978, a 4% across-the-board salary increase. Effective the first pay period in July 1979, a 4% across-the-board salary increase. Effective July l, 1978, an increase of $5.71 (10% of the total premium) per month toward medical insurance programs. Effective July l, 1979, the City's contribu- tions toward health insurance premiums increased up to a maximum of 10% of the premium. St Effective April 1, 1979, the City will amend its contract with Public Employees' Retirement System (PERS) to provide a 2% at 55 retirement program including final compensation based on the highest year and military service credit. If the military service credit causes the City's contribu- tion rate to increase in excess of 4%, based upon the required actuarial study, the union can elect to either forego the military service credit or deduct that percentage increase directly attributable to the military service credit in excess of 4% from the 4% salary increase provided in July 1979. 6. Effective July l, 1979, the uniform allowance will be increased to $180 per year. Bakersfield, California, June 28, 1978 - Page 9 171 The total cost of this package is $165,870 and averages 4.77% of total compensation. The second year will cost $153,640 and will average 4.14% of total compensation. BLUE AND WHITE COLLAR UNITS (Represented by Service Employees International Union - SEIU) 1. Effective the first pay period in July 1978, a 3% across-the-board salary increase. 2. Effective the last pay period in March 1979, a 2% across-the-board salary increase. 3. The City will amend its contract with PERS to add the following options: a. Final compensation based on the highest year. b. Military service credit. If the increase is in excess of 1.2% due to either of these options, the unit may elect to drop the military buy-back or reduce the 2% salary increase effective the last pay period in March 1979 by an amount equal to such increase. Effective October l, 1978, a shift differen- tial of 25 cents per hour will be paid any employee when the majority of his shift falls between the hours of 3:00 p.m. and 7:00 a.m. Effective January 1, 1979, all employees in the Blue Collar Unit required to wear uniforms will be furnished such uniforms at no cost to the employee. Effective July l, 1978, the Sanitation Division will work all designated holidays excluding Christmas. o Effective the first pay period in July, employees in the classification of Equip- ment Operator II and III, Tree Maintainer II, or Sewer Maintainer, will be paid a 5% lead assignment pay when assigned to work in a lead capacity. o Effective July l, 1978, the City will pay for any increases in the medical insurance program. The total cost of this package is $263,490 and averages 4.98% of total compensation. CONFIDENTIAL UNIT 1. Effective the first pay period in July 1978, 3% across-the-board salary increase. 17 2 Bakersfield, California, June 28, 1978 - Page 10 2. Effective the last pay period in March 1979, a 2% across-the-board salary increase. 3. Effective July 1, 1978, the City will pay for any increases in the medical insurance premium. Effective April 1, 1979, the City will amend its contract with PERS to add the following options: a. Final compensation based on the highest year. b. Military service credit. The total cost for this package is $18,280 and averages 4.4% of total compensation. GENERAL SUPERVISORY UNIT 1. Effective the first pay period in July 1978, a 3% across-the-board salary increase. 2. Effective the last pay period in March 1979, a 2% across-the-board salary increase. Effective July l, 1978, the City will pay any increases in the medical insurance premium. Effective April 1, 1979, the City will amend its contract with PERS to add the following options: Final compensation based on the highest year. b. Military service credit. The total cost of this package is $47,450, or 4.50% of the total compensation. POLICE SUPERVISORY UNIT Effective the first pay period in July 1978, a 4% across-the-board salary increase. Effective July l, 1978, an increase of $5.71 (10% of total premium) per month towards medical insurance programs. Effective April l, 1979, the City will amend its contract with PERS to provide a 2% at 55 retirement program including final compensation based on the highest year and military service credit. Effective the first pay period in January 1979, the City's contributions towards the employees deferred income will be reduced from 5% to 2½%. In order to offset this reduction, the employees' salaries will be increased 2½% effective the first pay period in January 1979. Bakersfield, California, June 28, 1978 - Page 173 The total cost of this package is $27,800, or 4.85% of total compensation. MANAGEMENT EMPLOYEES Effective the first pay period in July 1978, the management employees' salaries will be increased $98.75 per month. This figure is based on 4.68% of the average salary within the Management Unit, the average being $25,325. Effective July l, 1978, an increase of $5.71 (10% of total premium) per month toward medical insurance programs. Effective April 1, 1979, the City will amend its contract with PERS to add the following options: a. Final compensation based on the highest year. b. Military service credit. Effective the first pay period in January, those management employees below the Assistant Department Head level will have their deferred compensation reduced from the 10% level to 72% level. In order to offset this reduction, the employees' salaries will be increased 2~% effective the first pay period in January 1979. The total cost of this package is $106,740, or 4.91% of total compensation. RETIRED EMPLOYEES In March of this year the City conducted an actuarial study through PERS regarding a one- time 3% to 15% cost of living increase for its retired employees. Based on the results of this study, we are recommending this increase be granted to those employees who retired prior to January l, 1974. The total cost for this increase is $38,160. The grand total of these packages is $629,630, or 4.85% increase of total compensation for all units excluding the retired employees. In order to implement these changes, the GEP Committee recommends Council approval of the attached Memorandum of Understanding with International Brotherhood of Police Officers (IBPO) and also approval of the attached amendments to the Memorandum of Understanding with the Service Employees International Union (SEIU). Upon approval tonight by the City Council, the City's designated representatives will prepare Bakersfield, California, June 28, 1978 - Page 12 and execute a full Memorandum of Understanding with SEIU. The necessary changes in the salary resolution and ordinances will be submitted at the next regularly scheduled City Council meeting. After discussion, upon a motion by Councilman Strong, Report No. 7-78 from the Governmental Efficiency and Personne~ Committee regarding Salary and Supplemental Benefits, was accepted; and the recommendations as outlined in the report, were approved. Councilman Medders stated that because the City of Bakersfield is fiscally responsible and in good enough financial condition to grant raises to employees, there is a possibility that the State of California will not return the City's share of surplus funds. He stated the City should write a letter of protest or join other cities in suing the State for these funds. City Attorney Hoagland stated that he understands the City of Garden Grove has either authorized their City Attorney or is in the process of suing the State, because they have also managed their fiscal affairs in such a fashion that they will be cut out of the money promised by the State. City Attorney Hoagland stated that the City of Bakersfield will just have to wait and see what happens. Nicholas Counter, City's Labor Negotiator, stated because of his line of work, he is familiar with the fiscal problems and the endeavors of a number of cities in Southern California, and the action taken by the Council in support of negotiations is a positive and progressive step towards cementing a very good relation- ship with employees. It is also recognized through the endeavors of this Council, Management staff and employees, that the City can grant salary increases at a time when many cities are fighting to keep from laying off employees. Councilman Medders' point about the strings attached to moneys from the State surplus is very well taken. In his opinion the purpose of those provisions was to avoid layoff wherever possible, but it was not to penalize cities, Bakersfield, California, June 28, 1978 - Page 13 175 such as the City of Bakersfield, which have done an outstanding job from a fiscal standpoint. In fact there is a finding in the bill, SB 154, that states the purpose of it was to put limits on cost-of-living increases in order to prevent layoffs. It seems that would give the City an opportunity to make a claim to the funds even if the State withholds them because the City granted an increase to employees. The City of Bakersfield is doing fine by itself and really does not need the State attaching strings to money in order to get the job done. He also stated that he is very proud to be associated with this City. Upon a motion by Councilman Christensen the Governmental Efficiency and Personnel Committee was requested to evaluate the Management Group work load and productivity and make a Statewide survey and then come back to the Council with a report setting forth salaries commensurate with their work load and productivity and also consider the possibility of a freeze on those salaries. Councilman Ratty voted in the negative on this motion. Adoption of Resolution No. 64-78 of the Council of the City of Bakers- field approving and adopting the Budget for the Fiscal Year 1978-79. Upon a motion by Councilman Rogers, Resolution No. 64-78 of the Council of the City of Bakersfield approving and adopting the Budget for the Fiscal Year 1978-79, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Director of Public Works Hawley recapped a report regarding Traffic Problems on Pierce Road at Gilmore Street, as follows: Pursuant to the Council's request at the April 26, 1978 Council Meeting, we have reviewed the traffic data and made a field study of traffic movements on Pierce Road at Gilmore Street. Along Pierce Road between Brittan Road and 24th Street, there are 77 driveways. There is a 176 Bakersfield, California, June 28, 1978 - Page 14 large volume of trucks and other vehicular traffic turning in and out of these driveways. In order to help eliminate the left turn vehicles from causing congestion and backing up of traffic in a through lane and also to improve sight distance, it is recommended that parking be removed and a two-way left turn lane provided along Pierce Road between 24th Street and the Calloway Canal. Prior to installing the two-way left turn lane, we propose to contact the property owners along Pierce Road to insure that re- moval of parking will not create any severe problems to the businesses. Upon a motion by Councilman Ratty, report from the Public Works Department regarding Traffic Problems on Pierce Road at Gilmore Street, was received and ordered placed on file. Director of Public Works Hawley recapped a report regarding Traffic Problems on "H" Street, as follows: Pursuant to the Council's request at the February 8, 1978 Council Meeting, we have reviewed the traffic data and made a field study of traffic movements along "H" Street between 8th Street and 10th Street. As an attempt to warn motorists of pedestrian traffic and to encourage pedestrians to use one crosswalk, it is recommended that: 1. The painted crosswalks at 8th and 9th Streets be removed. Advance "PED XING" signs and pavement markings be installed for the 10th Street crosswalk. We have discussed this proposal with Mr. Donald Richie, the person who filed the petition requesting the study and he had no adverse comments. Upon a motion by Councilman Ratty, report from the Public Works Department regarding Traffic Problems on "H" Street, was received and ordered placed on file. Director of Public Works Hawley read a report regarding Chester Avenue Grade Separation, as follows: The City of Bakersfield has submitted to the Public Utilities Commission the nomination of Chester Avenue and Union Avenue at their Southern Pacific crossings for consideration in estab- lishing a statewide railroad grade separation priority list for 1978-79. Bakersfield, California, June 28, 1978 - Page 15 177 I have been advised that the tentative list shows that the Chester Avenue Separation will rank No. 4 statewide, subject to the associated closing of the existing at-grade crossing at 30th Street. Without the associated closing, the Chester Avenue Separation would rank about No. 7. This Department has had considerable discussion as to the warrants for closing the 30th Street crossing. The closing also involves "M" Street and Jewett Avenue which intersect 30th Street near the suggested closing. 30th Street is the only through east-west street between 24th Street and the Kern River. Residents, as well as one major property owner in the area, have voiced strong objection in closing this access to the downtown area. Since the closing affects City residents only, it should be a City decision whether the crossing should be eliminated. At this point I do not consider the Chester Avenue Separation as a viable project if the at-grade crossing at 30th-"M"-Jewett is closed. There- fore, I have requested that the P.U.C. exclude consideration of 30th-"M"-Jewett and that they proceed with the priority list showing the Chester Avenue Separation with 30th-"M"-Jewett not closed. This procedure will eliminate the risk of the entire project being dropped because of the City's objection to the closing of 30th-"M"- Jewett at some later date. However, it also means that by dropping in priority from #4 to about #7 the allocation may be reduced or the project delayed. Nevertheless, the benefits to the City to retain the existing crossing outweigh this reduction or a possible delay in receiving funding for the project. I suggest that the Council notify the Separation of Grade District to proceed with the Chester Avenue project without the closing of the 30th-"M"-Jewett crossing. Mr. Robert McCarthy, McCarthy Tank and Steel, stated that he believes everyone in attendance tonight concurs with the recom- mentation made by the Director of Public Works that 30th-"M"- Jewett Streets not be closed. Mr. Hugh Sill, adjoining property owner at the inter- section of 30th and "M" Streets, stated that the property owners were unaware that the closing of this intersection was being con- sidered and he felt public hearings should be held. He also stated that he opposes the closing of 30th Street. 178 Bakersfield, California, June 28, 1978 - Page 16 Mr. Wiley Wheeler, business owner at 30th Street, stated he is in agreement with what Mr. Sill said and commended the Council on the decision to oppose the closing of 30th Street. City Manager Bergen stated this is not a hearing on the closing of 30th Street, but a recommendation to the Greater Bakersfield Separation of Grade District that they should not consider the closing of 30th-"M"-Jewett Streets and proceed with the Chester Avenue Grade Separation. After discussion, upon a motion by Councilman Sceales, the Mayor was requested to write a letter on behalf of the City Council to the Greater Bakersfield Separation of Grade District, with a copy to the Public Utilities Commission, advising them the City is in favor of proceeding with the Chester Avenue Grade Separation without the closing of the 30th-"M"-Jewett Streets crossing. Vice-Mayor Medders declared a brief recess at 9:20 P.M., and reconvened the meeting at 9:30 P.M. Fire Chief Needham read a report regarding Weed Abatement Ordinance within Chapter 8.80 of the Municipal Code, as follows: Chapter 8.80 of the Municipal Code is the Weed Abatement Ordinance which prescribes the method through which vacant lots and other land within the City shall be abated of grass, debris and other waste materials, and the assessment for such work thereof. The Ordinance places the responsibility of the weed abatement process upon the City and the properties are assessed for the amount which is incurred to the City by the contractor for the work. Since the Ordinance was originally written and ratified by the City Council in 1937, it has been a vehicle through which weed abatement has been accomplished, although it has been costly and somewhat inefficient. During recent years the cost to have abatement work done has risen to an unacceptable level. Attempts by the Finance Department to find qualified contractors to clean lots at a reasonable cost in the past two years have not been successful due to the fact that the cost of operation for the contractor has escalated and he must pass that cost on to make a profit. Bakersfield, California, June 28, 1978 - Page 17 179 During 1977, the City Council authorized the Finance Director to negotiate an annual contract for weed abatement to a qualified contractor who could do the work at a more acceptable cost. This was requested as an attempt to give more flexibility to the City as to the rates for this type of work, although through negotiations with many different people it was again found that the rates were unacceptable. Some lots have been cleaned this year on a priority basis and the cost has not been acceptable to several of the property owners. As a result of the inflationary spiral it is apparent that weed abatement work is not appealing to those contractors who are qualified at a rate which is acceptable to the general public. To continue to enforce the present Weed Abatement Ordinance is no longer practical and it places the City in a precarious position. This Department has analyzed the present Ordinance and contends that it is no longer enforceable on a cost effective basis. The Ordinance requires many man-hours on the part of Fire Department personnel, Finance Department personnel, and in some cases the Public Works Department. The Fire Department recommends that the present Weed Abatement Ordinance be rescinded and con- trol of the weed problem be accomplished through enforcement of the existing Uniform Fire Code Section 27.201(a) in such situations where abatement is deemed necessary, by placing the responsibility on the property owner. En- forcement will be accomplished through the Fire Marshal's authority as vested in him through the Uniform Fire Code (see attachments). By eliminating the Weed Abatement Ordinance, the position of Weed Abatement Coordinator can be eliminated at a cost savings of approxi- mately $15,000 per year to the City, which in effect helps reduce the present and future monetary needs for operation of this Department. After discussion, upon a motion by Councilman Ratty, report of the Fire Chief regarding Weed Abatement Ordinance within Chapter 8.80 of the Municipal Code, was accepted; and the staff was directed to draft the necessary documents to accomplish the recom- mendations. SCHEDULED PUBLIC STATEMENTS Mr. Carey F. Scott, Director of the Greater Bakersfield Legal Assistance, Inc., presented a prepared statement regarding Bakersfield, California, June 28, 1978 - Page 18 the After-Math of Jarvis-Gann and SB 154 and SB 1883, and the effect of this Legislation on Seniors and Indigents. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5439 to 5736, inclusive, in the amount of $533,755.15. (b) Claim for Personal Injuries from Mrs. Janice Hill, 114 West Belle Avenue, Oildale. (Refer to City Attorney) (c) Street Easement from Tenneco Realty Development Corporation providing for return at 36th and "O" Streets, as required for Parcel Map No. 4792. (d) Public Utility Easement from M. Frank St. Clair Construction, Inc., as required for Parcel Map No. 4835. (e) Quitclaim Deeds to Tenneco Realty Develop- ment Corporation for Sewerline Easement within portions of Section 4 and 9, T30S, R27E, M. D. B. & M. (f) Grant to Pacific Telephone and Telegraph Company the right to construct, maintain, replace, place, inspect, etc., under- ground wires, cables and other fixtures along a 5 foot strip in the Police Pistol Range property. (g) Grant of Easement from Southern Pacific Transportation Company providing the City with necessary right-of-way for main- tenance of a sewer main located at the southeast corner of Haley Street and Kentucky Street. (h) Notice of Completion and Acceptance of Work on construction of "Q" Street from Truxtun Avenue to Golden State Avenue - Contract No. 77-181 with Granite Construc- tion Company. (i) Notice of Completion and Acceptance of Work on resurfacing portions of Baker Street, California Avenue, 4th Street, Lakeview Avenue and "P" Street - Contract No. 77-192 with Granite Construction Company. (J Notice of Completion and Acceptance of Work on various streets in the Sunset District (east-west streets in the area east of Lakeview Avenue, south of California Avenue) - Contract No. 78-20 with Granite Construction Company. Bakersfield, California, June 28, 1978 - Page 19 181 (k) Contract Change Order No. i to Contract No. 78-19 with W. M. Lyles Company for Storm Drain construction in "L" Street and Vernal Place. The Change Order directs the contractor to raise the storm drain line to clear the sewer main. No increase or decrease in cost is recom- mended under the Change Order. (i) Application for Encroachment Permit from Larry Hanich, 21 Oleander Avenue, Bakers- field, for construction of 4-foot fence of brick pillars and wrought iron on an 18" retaining wall, to be placed at back of sidewalk at 21 Oleander Avenue. (m) Application for Encroachment Permit from the Church of the Mennonite Brethren, 2323 Mt. Vernon Avenue, Bakersfield, for construction of two sets of steps, 52 lineal feet of 4' high slumpstone block retaining wall adjacent to existing side- walk, a 7' x 24' planter, and a slump- stone or chain link fence on top of retaining wall. The Public Works Depart- ment recommends approval subject to the following conditions: 1. Handrails be provided for pedestrians using sidewalk along Bernard Street. 2. Landing to be provided at sidewalk elevation for stairwells. 3. Automatic night lighting to be provided at stairwells. (n) Application for Encroachment Permit from Mike Williams, 3701 Sweet Springs Street, Bakersfield, for construction of a grape stake fence, 6' high, 73' from outside curb face along Rocky Road, at the south- west corner of Sweet Springs Street and Rocky Road. The fence height within the setback area has been approved by the Board of Zoning Adjustment. (o) 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 Mt. Vernon Avenue, in the City of Bakersfield, and setting Wednesday, July 26, 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), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None 182 Bakersfield, California, June 28, 1978 - Page 20 ACTION ON BIDS Upon a motion by Councilman Sceales, low bid of Clark's Sprinkler Service for Quailwood Irrigation System, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, low bid of Griffith Company for Parking Lot Paving for Grissom Park, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, low bid of Del Mar Electric for Game Court Lighting for Grissom Park, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Johnny Sanitation Company for construction of Inlets and Lateral Con- nections to the Oleander Avenue Storm Drain, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2415 New Series of the Council of the City of Bakersfield adding Chapter 7.90 to the Municipal Code, concerning the regulation of Outdoor Festivals, with insertion of Penalty Provision. Upon a motion by Councilman Sceales, Ordinance No. 2415 New Series of the Council of the City of Bakersfield adding Chapter 7.90 to the Municipal Code, concerning the regulation of Outdoor Festivals, with the insertion of a Penalty Provision, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Bakersfield, California, June 28, 1978 - Page 21 183 NEW BUSINESS First reading of an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakers- field 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 amendment was made by Joseph Dean and would change subject property from an R-2 (Limited Multiple Family Dwelling) Zone to a C-2-D (Commercial - Archi- tectural Design) Zone. The "D" Design Overlay was applied on the recommendation of the Planning Commission to ensure compatible development with surrounding properties. The Planning Commission approved the Negative Declaration, advertised and posted May 4, 1978, found the proposed zoning con- sistent 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 those certain properties in the City of Bakersfield commonly known as 901 through 907 Lakeview 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 south of Ming Avenue, between Gosford Road and Ashe Road. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone; from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling), or more restrictive Zone; from an "A" (Agricultural) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone; and from an "A" (Agricultural) Zone to an Bakersfield, California, June 28, 1978 - Page 22 R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive Zone. This amendment would allow the development of 242 acres by Tenneco Realty Development Corporation as proposed by Tenneco in their overall development plan, and would provide a variety of living styles. The Planning Commission approved the Negative Declaration, advertised and posted May 26, 1978, found the proposed zoning con- sistent 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 those certain properties in the City located south of Ming Avenue, between Gos£ord Road of Bakersfield and Ashe Road. Adoption of Resolution No. 65-78 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. 268 (Real No. 1). The proposed annexation consists of approximately 35 acres of inhabited land and is located in the vicinity of Real Road and Chester Lane. This resolution initiates the preliminary proceedings for annexation of Real No. 1. Upon a motion by Councilman Sceales, Resolution No. 65-78 of Application of the Council of the City of Bakers£ield proposing proceedings for annexation of territory to the City of Bakersfield, identified as Annexation No. 268 (Real No. 1), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Noes: Absent: Councilmen Rogers, Sceales, Medders, Ratty None Strong~ None Barton, Christensen, Bakersfield, California, June 28, 1978 - Page 23 185 Adoption of Resolution No. 66-78 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. 269 (Real No. 2). The proposed annexation consists of approximately 2 acres of uninhabited land and is located on the west side of Real Road north of Stockdale Highway. This resolution initiates the pre- liminary proceedings for annexation of Real No. 2. Upon a motion by Councilman Sceales, Resolution No. 66-78 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. 269 (Real No. 2), was adopted and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Medders, Ratty Noes: None Absent: None Strong, Barton, Christensen, Adoption of Resolution No. 67-78 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. 270 (Real No. 3). The proposed island annexation consists of approximately 17 acres of inhabited land and is located adjacent to the west side of Freeway 99 south of Ming Avenue. The Planning Commission approved the boundaries on June 21, 1978. This resolution initiates the preliminary proceedings for annexation of Real No. 3. Upon a motion by Councilman Sceales, Resolution No. 67-78 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. 270 (Real No. 3), was adopted Bakersfield, California, June 28, 1978 - Page 24 and referred to the Public Works Department for filing with LAFCO by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Medders, Ratty Noes: None Absent: None Strong, Barton, Christensen, Adoption of Resolution No. 68-78 of the Council of the City of Bakers- field prescribing Fees for checking Subdivision Maps, requiring Subdividers to pay entire cost of Street Light Poles and requiring purchase of Fire Hydrants. This resolution implements certain programs in the Budget Review and Finance Committee Report No. 6-78, as adopted by the City Council on May 31, 1978. Programs will become effective on July l, 1978. Upon a motion by Councilman Ratty, Resolution No. 68-78 of the Council of the City of Bakersfield prescribing Fees for checking Subdivision Maps, requiring Subdividers to pay entire cost of Street Light Poles and requiring purchase of Fire Hydrants, was adopted by the following roll Ayes: Councilmen Noes: None Absent: None call vote: Rogers, Sceales, Strong, Medders, Ratty Barton, Christensen, Approval of Agreement between the City of Bakersfield and Kern County Council of Governments for Sewer and Treatment Facilities Study on west side of Bakersfield. The agreement sets forth a procedure under which Kern- cog would coordinate a Sewer and Treatment Facilities study on the west side of Bakersfield. The study area includes the unsewered portions of the Stockdale and Rosedale areas. Since the study includes City, unincorporated and North of the River Sanitation District areas, the Public Works Depart- ment recommeded that Kerncog be the responsible agency for co- ordinating a three party sewer study. Bakersfield, California, June 28, 1978 - Page 25 187 The cost of the study is eligible for 87~% State and Federal Grant. Total cost of the study is estimated at $150,000 and the City's share of the cost is $6,000. Sufficient funds are available in the current budget to fund the City's share. Upon a motion by Councilman Strong, Agreement between the City of Bakersfield and Kern County Council of Governments for Sewer and Treatment Facilities Study on west side of Bakersfield, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Greater Bakersfield Separation of Grade District for Grade Separation at the Truxtun Avenue Extension and Santa Fe Tracks. This agreement provides for the participation by the District in the cost of the grade separation which is proposed at the Truxtun Avenue Extension and Santa Fe Tracks. This District will pay all engineering costs, estimated at $102,490. The City will be responsible for the construction costs, estimated at $1,200,000. This project is budgeted in the current fiscal year. Upon a motion by Councilman Ratty, Agreement between the City of Bakersfield and Greater Bakersfield S~paration of Grade District for Grade Separation at the Truxtun Avenue Extension and Santa Fe Tracks, was approved and the Mayor was authorized to execute same. Approval of request from Pacific Gas and Electric Company for six-month extension of time for completing Underground District No. 5 ( New Stine Road between Stockdale Highway and Ming Avenue). Upon a motion by Councilman Sceales, request from Pacific Gas and Electric Company for six-month extension of time (until January 1, 1979 for property owners to be ready to receive under- ground service and March 1, 1979 for removal of all poles and overhead facilities) for completing Underground District No. 5 (New Stine Road between Stockdale Highway and Ming Avenue), was approved. 188 Bakersfield, California, June 28, 1978 - Page 26 Approval of Contract Change Order No. 1 to Contract No. 78-20 with Granite Construction Company for construction of various east-west streets in the Sunset-Mayflower District. This Change Order directs the contractor to provide additional pavement in the area where new curb and gutter grades could not match existing pavement grade. The work consists of placing an Asphaltic Concrete Cap over the existing surface and adjustment of existing manhole covers. The cost under this Change Order is $10,100. Total contract price for the project is $217,205 and the Change Order represents less than a 5% increase. The project is funded through the Community Development Block Grant and sufficient funds are available from savings on prior projects to fund this Change Order. Upon a motion by Councilman Strong, Contract Change Order No. 1 to Contract No. 78-20 with Granite Construction Company for construction of various east-west streets in the Sunset- Mayflower District, was approved and the Mayor was authorized to execute same. Approval of request of Police Depart- ment to retain surplused Police Vehicle No. 54, 1970 Ford Van, for use by Police Lab as backup or support vehicle. Upon a motion by Councilman Sceales, request of the Police Department to retain surplused Police Vehicle No. 54, 1970 Ford Van, approved. for use by Police Lab as backup or support vehicle, was HEARINGS This is the time set for continued public hearing before the Council on an Appeal by Lusich, Patrick, Henderson, Mueller & Associates, Inc., to the decision of the Planning Commission denying their application to change the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design) or more restrictive Zone, affecting Bakersfield, California, June 28, 1978 - Page 27 189 those certain properties in the City of Bakersfield located north of College Avenue within the 5900 through 6100 blocks. This hearing has been duly advertised and the property owners have been notified as required by law. This hearing was continued at the meeting of June 14, 1978. The Planning Commission at their regular meeting of May 17, 1978, denied the request for rezoning as it was the opinion of the majority the proposed zoning would not be compatible with the adjacent R-1 zoned and developed properties. Vice-Mayor Medders declared the hearing open for public participation. Mr. George Lusich, applicant for the zone change, stated there was no opposition to the R-2-D zoning from surrounding property owners. The units in the proposed development will face each other and there will not be entrances from multiple to face R-1. On the south side of the project there is a proposed block wall which will place a barrier between College Avenue and the proposed site. Mr. Lusich requested the Council approve the zone change. Planning Director Sceales stated it is a policy of the Planning Commission that apartment units cannot be built where the windows from the second floor look into R-1 back yards. Mr. Lusich stated that the problem of the windows on the second floor looking into R-1 back yards will be taken care of by the "D" Overlay. No 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 Coundil deliberation and action. Upon a motion by Councilman Rogers, first reading was considered given an Ordinance amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use 190 Bakersfield, California, June 28, 1978 - Page 28 Zoning of those certain properties in the City of Bakersfield located on the north side of College Avenue within the 5900 through 6100 blocks. ADJOURNMENT There being no further business Council, upon a motion by Councilman Christensen, adjourned at 10:20 P.M. to come before the the meeting was ATTEST: CITY CL~K and Ex-~Clerk of the Council of the City of Bake~field, California ma