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HomeMy WebLinkAboutOCT - DEC 1977 297 Bakersfield, California, October 12, 1977 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., October 12, 1977. 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 Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty None Minutes of the joint public hearing of September 21, 1977 and regular meeting of September 21, 1977, were approved as presented. Correspondence. Upon a motion by Councilman Rogers, communication from the Bakersfield Board of Realtors, dated October 3, 1977, requesting opposition to the State of California plan for "Urban Development Strategy for California," was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from the Bakersfield Art Commission, dated September 28, 1977, requesting certain fees for membership and use of Cunningham Art Gallery, was received, the staff was directed to investigate the ramifications of the requests and the matter was referred to the Auditorium-Recreation Committee for a report and recommendation back to the Council at the meeting of October 26, 1977. Scheduled Public Statements. Mr. Jim Burke, 1208 Fairway Drive, read a letter com- mending the staff for the professional manner in which they assisted Jim Burke Ford during construction of their new facilities located on Oak Street. Council Statements. Mayor Hart announced that due to illness of Mrs. Ronald Goertz the hearing on an appeal by Mrs. Goertz to the decision of 298 Bakersfield, California, October 12, 1977 - Page 2 the Board of Zoning Adjustment regarding Alfred R. Engel's appli- cation for a Modification will be continued until November 9, 1977. Councilman Christensen requested a progress report on the Charter Review Advisory Commission. Mayor Hart stated that the Council appointments to the Charter Review Advisory Commission have not been completed. Councilman Medders announced that he appointed Mr. Waltel- F. Heisey, 223 Eureka Street, and Mr. Mel Rubin, 2918 Sunset Avenue, to the Charter Review Advisory Commission. Reports. City Manager Bergen read a report regarding Public Works Employment Act Funds, as follows: On August 24, 1977, the Council adopted Resolution No. 80-77 approving the filing of an application for Pocket of Poverty funds under the Public Works Employment Act of 1977. Grant monies are proposed for storm drains, street improvements, new fire station, and curbs and gutters. On October 3, 1977, we received four grant offers for a total amount of $1,947,000 for these projects. The grant offer requires that on-site labor must commence within 90 days of the date of the City's receipt of the award grant. The City is prepared to comply with this requirement. Public Works grant for the construction of the fire station does not include funding for land acquisition. In the fiscal year 1977-78 budget, the Fire Department budgeted $155,000 for a joint City-County Fire Training Facility. It is the belief of the Fire Chief that con- struction of this facility will not be started this fiscal year. Sixty-two thousand dollars of those monies could be utilized for the purchase of necessary land. The money derived from the sale of the two consolidated stations can be set aside to be used as replacement money or for some other Fire Department use, such as additional fire stations in the South- west or Northeast. I have included a report from the Fire Chief which details Fire Depart- ment planning. The staff recommends that the City Council approve the land acquisition, using part of the funds budgeted for the Fire Training Facility, and authorize the City Manager to accept the grant offers as authorized in Resolution No. 80-77. 299 Bakersfield, California, October 12, 1977 - Page 3 Upon a motion by Councilman Strong, report from the City Manager regarding Public Works Employment Act Funds, was accepted; acquisition of land for construction of new Fire Station, using part of the funds budgeted for the Fire Training Facility, was approved; and the City Manager was authorized to accept the grant offers as authorized in Resolution No. 80-77. Councilman Rogers voted in the negative on this motion. City Manager Bergen read a report regarding Procedures for Elections, as follows: Attached is a report from Marguerite Anderson detailing various election procedures as requested by the Council. Relative to the withdrawal of candidates, the staff would recommend alternate one on page two. This would allow 30 days to circulate petitions and an additional eight days for withdrawal. If this is acceptable to the Council, an ordinance will be prepared and presented for adoption at the meeting of October 26. Upon a motion by Councilman Ratty, report from the City Manager regarding Procedures for Elections, was accepted; Alternate No. 1 which states that Nominating Petitions shall be presented to the Clerk no earlier than 108 election and allow candidates days nor later than 78 dayszprior / to withdraw no later than/70 days to prior to election, was approved. First reading of an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Municipal Code by repealing Chapter 4.16 and substituting in lieu thereof a new Chapter 4.16 concerning Procedure for General Municipal Election. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Bakersfield Muni- cipal Code by repealing Chapter 4.16 and substituting in lieu thereof a new Chapter 4.16 concerning Procedure for General Muni- cipal Election. 300 Bakersfield, California, October 12, 1977 - Page 4 City Manager Bergen read a report regarding Automated Typing Equipment, as follows: In March, 1976, the City installed automated typing and word processing equipment in the Planning Department. Over the last fifteen months both the City and IBM have been con- ducting extensive work measurement studies on the machines to determine its potential for workload reduction and whether or not similar machines placed in other offices would create more efficiency in our paperwork. On September 20, 1977, IBM completed a word processing benchmark study of the City Attorney's and City Clerk's Offices. A copy of that report is attached. The results of this study coupled with the use of the existing machine show that a substantial amount of repetitive typing work could be reduced through the addition of two more machines in those two offices. A good percentage of work which is originally generated in Planning could be passed along both to the Attorney's Office and to the Clerk's Office without retyping and, thereby, save a considerable amount of time and reduce the possibility of error. The installation of this type of equipment will not necessarily reduce the existing manpower requirements of those departments but should have a significant effect of avoiding more personnel in the future as workloads increase. Sufficient monies exis~ within the Clerk's budget for the lease of the machine for the remainder of this fiscal year; however, it will be necessary, and the staff requests, a transfer of $2,000 from the Council's Contin- gency Fund to the City Attorney's Office, for the lease of an additional machine for their use. Upon a motion by Councilman Ratty, report from the City Manager regarding Automated Typing Equipment, was accepted; lease of two IBM Mag Card II Typewriters for City Clerk's Office and City Attorney's Office, was approved; and Budget Transfer from the Council's Contingency Fund to the City Attorney's Office in the amount of $2,000 for lease of machine for remainder of this fiscal year, was approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1291 to 1536, inclusive, in the amount of $339,764.50. 301 Bakersfield, California, October 12, 1977 - Page 5 (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (1) (m) Claim for Damages from Kathy Murray, P.O. Box 1905, Bakersfield. (Refer to City Attorney) Claim for Damages from Carl M. Gordon, P.O. Box 197, Kernville, on behalf of Mr. & Mrs. John Franklin Nelson. (Refer to City Attorney) Two Protective Claims from Pacific Tele- phone & Telegraph Company. (Refer to City Attorney) Grant Deed from Tenneco Realty Develop- ment Corporation providing proposed l0 foot easement for utility purposes and two 15 foot temporary construction ease- ments lying along future Grissom Street south of White Lane and west of Stine Road. Grant Deed from Tenneco Realty Develop- ment Corporation providing 60 foot road easement running north off District Boulevard and west of Stine Road. Public Utilities and Sewer Easement from Jim D. Weaver and Chester Village, Inc., as required for Parcel Map No. 3948. Grant Deed from Jessup Farms, A Partner- ship, for pipeline and road construction in conjunction with the Southeast Bakers- field Wastewater Treatment Facilities expansion. Street Easement from Floyd Bowen and Victoria Bowen providing right-of-way on Stine Road as required by Planning Commission for Parcel Map No. 4174. Sanitary Sewer Easement from Leroy D. Livermore and Patricia M. Livermore, husband and wife, providing sewer service access as required for Tract Map No. 3950, located north of White Lane and west of Wible Road. Map of Tract No. 3722 and Improvement Agreement for construction of improve- ments therein - located north of White Lane and west of Union Avenue. Map of Tract No. 3804 "A" and Improvement Agreement for construction of improvements therein - located south of Panorama Drive and east of Columbus Avenue. Map of Tract No. 3804 "B" and Improvement Agreement for construction of improvements therein located south of Panorama Drive and east of Columbus Avenue. 302 Bakersfield, California, October 12, 1977 - Page 6 (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) (Y) Map of Tract No. 3891 "A" and Improvement Agreement for construction of improvements therein - located west of Stine Road and north of Harris Road. Map of Tract No. 3893 and Improvement Agreement for construction of improvements therein - located southwest of Ming Avenue and Ashe Road. Map of Tract No. 3894 and Improvement Agreement for construction of ~mprovements therein - located southwest of Ming Avenue and Ashe Road. Map of Tract No. 3899 and Improvement Agreement for construction of improvements therein located northeast of Wilson Road and White Lane. Map of Tract No. 3905 and Improvement Agreement for construction of Improvements therein - located north of Harris Road and east of Akers Road. Map of Tract No. 3950 and Improvement Agreement for construction of ~mprovements therein - located north of White Lane and west of Wible Road. Notice of Completion and Acceptance of Work on construction of pavement on Planz Road between Real Road and Wible Road - Contract No. 77-138 with Griffith Company. Notice of Completion and Acceptance of Work on Street Improvement Plan and Pro- file on 30th Street with Francis Construc- tion Company. Notice of Completion and Acceptance of Work on construction of Storm Drain in Planz Road from Real Road to Wible Road Contract No. 77-110 with W. M. Lyles Co. Notice of Completion and Acceptance of Work on improvement of Hughes Lane from Wilson Road to Ming Avenue - Contract No. 77-92 with Griffith Company. Notice of Completion and Acceptance of Work on Street Improvements on a plan entitled Parcel Map No. 3068, located on northeast corner of Stine Road and White Lane - Contract No. 75-96 with Dewey J. Palla and Gladys C. Palla. Notice of Completion and Acceptance of Work on Street and Sewer Improvements in Tract No. 3839, located at southeast corner of Stockdale Highway and Gosford Road - Contract No. 77-34 with Tenneco Realty Development Corporation. 303 Bakersfield, California, October 12, 1977 - Page 7 (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) Notice of Completion and Acceptance of Work on Street and Sewer Improvements in Tract No. 3840, located at southeast corner of Stockdale Highway and Gosford Road - Contract No. 77-35 with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work on Street Improvements shown on a plan entitled "O" Street and 40th Street with Tenneco Realty Development Corp. Application for Encroachment Permit from Glenn Jost, 1617 Cypress Circle, for construction of 6 foot to 2 foot high retaining wall 6" behind sidewalk and in the public right-of-way at the north- west corner lot of Angela Avenue and Steven Court. Application for Encroachment Permit from Max J. Gradowitz, 318 Chester Avenue, for construction of canopy on existing building 10 feet above sidewalk pro- jecting 4 feet over sidewalk and over public right-of-way. Application for Encroachment Permit from J. T. Nighbert,1234 Chester Avenue, for construction of three 16" x 16" sidewalk cutout planters at inside edge of side- walk and in public right-of-way at 2801 South Chester Avenue. Application for Encroachment Permit from Edmond T. McClean, Jr. and Brenda L. McClean, 2201 Ora Court, for construction of 6 foot concrete block fence at back of sidewalk and in public right-of-way along Angela Avenue. Plans and Specifications for construction of the Northwest Bakersfield Drain, Phase IV. Plans and Specifications for construction of a Storm Drain for the Corporation Yard Facility. Plans and Specifications for a Sewer Main in Ming Avenue and the Alley north of Ming Avenue near Fremont Street. Resolution No. 94-77 of the Council of the City of Bakersfield fixing Wednesday, November 23, 1977 in the Council Chambers of City Hall as the time and place for hearing protests by persons owning real property within territory designated as "Panama Lane No. 1," proposed to be annexed to the City of Bakersfield. 3O4 Bakersfield, California, October 12, 1977 - Page 8 (JJ) Resolution of Intention No. 95-77 to include within the Greater Bakersfield Separation of Grade District certain territory designated as "Panama Lane No. 1," and setting Wednesday, November 23, 1977 in the Council Chambers of City Hall as the time and place for hearing objections to the inclusion of said terri- tory within said District. (kk) Resolution No. 96-77 of the Council of the City of Bakersfield calling a public hearing on Wednesday, October 26, 1977 in the Council Chambers of City Hall to determine whether public necessity, health, safety or welfare require forma- tion of Divisions 1 and 2 of Underground Utility District No. 6, within designated areas. (li) Acquisition of property consisting of Lots 3 and 4, Block 332 - southeast corner of 16th and "P" Streets for $35,000 to be utilized with the Civic Auditorium operations. (ram) Request from Jim Craft, ll01 33rd Street, for abandonment of a portion of street located on southwest corner of 33rd Street and Jewett Lane. (Refer to Planning Com- mission for study and recommendation) (nn) Request from Florence Morgantini, Tony Cortopassi and Eleanor Cortopassi, for annexation of property located on south side of Pacheco Road westerly of extension of Monitor Street. (Refer to Planning Commission for study and recommendation) (oo) Request from Edwin N. Bookout for annexa- tion of property located on the north side of Panama Lane and westerly of Wible Road. (Refer to Planning Commission for study and recommendation) (pp) Request from John L. Rose, Trades Assist- ant, for additional 30-day Leave of Absence Without Pay beginning October 5, 1977 and extending through November 3, 1977. 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), (dd), (ee), (ff), (gg), (hh), (ii), (jj), (kk), (ii), (mm), (nn), (oo) and (pp) 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 305 Bakersfield, California, October 12, 1977 - Page 9 Action on Bids. Upon a motion by Councilman Ratty, low bid of Crane Veyor Corporation for two Bridge Cranes for New Corporation Yard, was accepted and all other bids rejected. Upon a motion by Councilman Medders, bid of M. B. Company, Inc., for two Four Wheel Street Sweepers, was accepted; and Budget Transfer in the amount of $4,743.28, was approved. Upon a motion by Councilman Strong, low bid of J. E. Stanely Company for Standby Air Conditioning System for the Communications Section of the Police Department, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, low bid of Granite Construction Company for construction o£ Sanitary Sewer to serve New Corporation Yard, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bids o£ Hoven and Company for 59 items, Kern Business Forms for 40 items, Graphic Print Shoppe for 16 items and Hall Letter Shop for 13 items £or Annual Contract - Printed Forms (128 items), were accepted and the Mayor was authorized to execute the contracts. New Business. Approval of Cooperative Agreement between the Reclamation Board of the State of California and the City of Bakersfield concerning Floodway Designation in the City of Bakers- field. After discussion, upon a motion by Councilman Rogers, Cooperative Agreement between the Reclamation Board of the State o£ California and the City o£ Bakersfield concerning Floodway Designation in the City of Bakersfield, was approved and the Mayor was authorized to execute same. Approval of Lease Agreement between the City and North Bakersfield Recreation and Park District for City property adjacent to Kern River, west of Freeway 99. 3O6 Bakersfield, California, October 12, 1977 - Page 10 This agreement provides the terms and conditions for a lease on City property adjacent to the Kern River, west of Freeway 99. It is an extension of an existing lease the City assumed when the river property west of Oak Street was acquired. The property is being used by the local Archery Club. Upon a motion by Councilman Ratty, Lease Agreement between the City and North Bakersfield Recreation and Park District for City property adjacent to Kern River, west of Freeway 99, was approved and the Mayor was authorized to execute same. Approval of Assignment of Contract for Placement of Bus Benches on City of Bakersfield's Rights-of-Way. The Ad-Art Company, current contractor, is requesting that the contract be assigned to the Bench Ad Company of Maywood, California. The Bench Ad Company has, in past years, been the servicing company for benches on City rights-of-way and has done an acceptable job. If the City Council consents to the assignment, Bench Ad Company agrees to fulfill all requirements of the existing contract and make payments to the City as set forth in the agree- ment. The agreement expires June 30, 1979. Upon a motion by Councilman Rogers, Assignment of Contract for Placement of Bus Benches on City of Bakersfield's Rights-of-Way, was approved and the Mayor was authorized to execute same. Finance Director to negotiate price for Model CE-15 MI Spectrum Monitor for Police Department Electronics Technician. Upon a motion by Councilman Medders, ments were dispensed with, in accordance with the Municipal Code, and the Finance Director was authorized to negotiate a price with Kennedy Engineering for a Model CE-15 MI Spectrum Monitor for Police Department Electronics Technician. Approval of Contract Change Order No. 4 to Contract No. 76-79 with Fred S. Macomber for construction of Corporation Yard Facilities. usual bidding require- Section 5.20.060 of Bakersfield, California, October 12, 1977 - Page 11 3O7 This Change Order includes adjustment for seven minor items for the contract performed by Fred S. Macomber. The price adjustments result in a net reduction to the contract of $802.35, resulting in a total contract price of $2,064,892.36. Upon a motion by Councilman Sceales, Contract Change Order No. 4 to Contract No. 76-79 with Fred S. Macomber for construction of Corporation Yard Facilities, was approved and the Mayor was authorized to execute same. Approval of boundaries for proposed Street Annexations and authorization granted to request Board of Super- visors to initiate proceedings to annex said County streets to the City. Upon a motion by Councilman Sceales, boundaries for proposed Street Annexations were approved; and authorization was granted to request the Board of Supervisors to initiate proceedings to annex the following County streets to the City: 1. Portion of Wilson Road between Sandpiper Road and Akers Road. 2.Chester Avenue from 34th Street to approxi- mately 100 feet north of West Columbus St. 3. North one-half of Belle Terrace between Stine Road and approximately 120 feet west of Fiorito Street. Approval of Annexation boundaries designated as Bernard No. 4. Upon a motion by Councilman Rogers, Annexation boundaries designated as Bernard No. 4, containing approximately 15 acres of uninhabited territory, located on the east and west side of Oswell Street at Bernard Street, were approved and referred to the City Engineer and City Attorney for submittal to LAFCO. Hearings. This is the time set for public hearing before the Council on the 1977 Weed Abatement Program. All lots have been posted and owners notified by certified mail. 308 Bakersfield, California, October 12, 1977 - Page 12 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 Strong, Resolution No. 97-77 finding that certain Weeds growing on properties in the City of Bakersfield constitute a public nuisance and directing the Chief of the Fire Department to destroy said Weeds, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None This is the time set for continued public hearing before the Council on an appeal by Mrs. Ronald Goertz to the decision of the Board of Zoning Adjustment regarding Alfred R. Engel's application for a Modification of an R-1 (One Family Dwelling) Zone to permit the reduction of the required front yard setback from the required 25 feet to 23 feet on that certain property commonly known as 3312 Crest Drive. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This hearing was continued from the Council Meeting of September 14, 1977, on request of Mr. Engel. The Board of Zoning Adjustment considered and approved Mr. Engel's application for a reduction of the required front yard setback from 25 to 23 feet to permit the construction of a double- car garage. The adjacent property owner, Mrs. Ronald Goertz, is appealing the decision based on the fact the proposed garage would project beyond the other garages on this cul-de-sac street. Mrs. Goertz telephone the City Clerk's Office and stated that she is ill and unable to attend the meeting tonight and requested that the hearing be continued until a later date. Bakersfield, California, October 12, 1977 ~ Page 13 309 Upon a motion by Councilman Christensen, hearing on appeal by Mrs. Ronald Goertz to the decision of the Board of Zoning Adjustment regarding Alfred R. Engel's application for a Modifica- tion of an R-1 (One Family Dwelling) Zone to permit the reduction of the required front yard setback from the required 25 feet to 23 feet on that certain property commonly known as 3312 Crest Drive, was continued until November 9, 1977, by the following roll call Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None This is the time set for public hearing on an appeal by Cecil E. Shackelford, et al, to the decision of the Board of Zoning Adjustment regarding Celso Robert Osorio's application for a Conditional Use Permit to permit the operation and maintenance of a day care nursery for six (6) children in an R-1 (One Family Dwelling) Zone, on that certain property in the City of Bakersfield commonly known as 3030 Spruce Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The Board of Zoning Adjustment considered and approved the Conditional Use Permit at a public hearing held August 23, 1977~ There were no written or oral objections to the proposed day care nursery at the time of the public hearing held by the Board of Zoning Adjustment. Several letters of protest have been received in the City Clerk's Office. Mayor Hart declared the hearing open for public partici- pation. Mr. Cecil Shackelford, 3051 Spruce Street, stated that the persons who signed the petition would rather not have the day care nursery center in this area because the 3000 block of Spruce vote: Ayes: 310 Bakersfield, California. October 12, 1977 - Page 14 Street is a very small area containing 45 houses on small lots. Mrs. Brigid Osorio, the applicant, submitted petitions from residents of the area in favor and persons withdrawing their names from the original petition objecting to the day care nursery. Mrs. Osorio answered questions of the Council regarding arrival and departure of the children. Mr. Celso Osorio, the applicant, stated that the original[ petition objecting contained 28 signatures and 3 have withdrawn their names and this is the only day care nursery in the general area. Linda Robinson, requested that the Council grant the permit because she is a working mother and this is the only day care nursery in the area. It is a misdemeanor to leave children in the care of an unlicensed person. No further protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Zoning Resolution No. 255 Granting Conditional Use Permit to permit the operation and maintenance of a Day Care Nursery for six (6) children on that certain property commonly known as 3030 Spruce Street, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Ratty Noes: Councilman Medders Absent: None This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Bernard No. 3," proposed to be annexed to the City of Bakersfield. This is an uninhabited annexation of 3.0 acres of land and is located on the north side of Bernard Street between Inyo and Tulare Streets. Bakersfield, California, October 12, 1977 - Page 15 This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. 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 Christensen, Resolution No. 98-77 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of "Bernard No. 3," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Upon a motion by Councilman Christensen, Ordinance No. 2374 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Bernard No. 3," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None This is the time set for public hearing before the Council of the City of Bakersfield on the initiated action of the Planning Commission to Zone Upon Annexation to a C-2 (Commercial), or more restrictive, Zone, those certain properties in the County of Kern located on the north side of Bernard Street, between Inyo Street and Tulare Street, known as "Bernard No. 3" Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. 312 Bakersfield, California, October 12, 1977 - Page 16 pation. portion action. This annexation covers approximately three acres, owned by one owner, and is developed with a boat and marine sales and service and a six-unit "Bungalow Court." The proposed zoning is the same as the present County zoning and would allow basically the same uses. The proposed zoning is consistent with the Land Use Element of the General Plan. A Negative Declaration was posted and published on August 5, 1977. The Planning Commission approved the Negative Declaration and the C-2 zoning, and found the proposed zoning consistent with the General Plan. Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public of the hearing was closed for Council deliberation and Upon a motion by Councilman Christensen, Ordinance No. 2375 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as Bernard No. 3 Annexation, finding said zoning consistent with the General Plan and the Negative Declaration, were adopted by the following roll call vote: Ayes: Noes: None Absent: None Councilmen Rogers, Medders, Sceales, Strong, Barton, Christensen, Ratty Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, th/m~was adjourned at 9:20 P.M. M AY R~/z~f/the C~ty of Bakersfield, Calif. ATTEST~~_~,~ CITY_~L~RK and Ex-~ffici'~lerk of the Council of the City of Bak~ersfield, California ma Bakersfield, California, October 26, 1977 313 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., October 26, 1977. The meeting was called to order by Vice-Mayor Medders followed by the Pledge of Allegiance and Invocation by Reverend Clyde Skidmore of the First Southern Baptist Church. The City Clerk called the roll as follows: Present: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty Absent: Mayor Hart, Councilman Rogers Minutes of the regular meeting of October 12, 1977, were approved as presented. Vice-Mayor Medders announced that the hearing on "Union No. 7" Annexation will be continued until December 14, 1977. Councilman Sceales announced that the committee report regarding Fireworks will not be presented until the meeting of November 9, 1977. Presentation of Plaque for Heroic Act. Fire Chief Needham presented a plaque from the Fire Department to Mr. Joe Sanders for a heroic act in rescuing two children from a burning home at 320 Kincaid Street on September 29, 1977. Chief Needham also presented a telegram from State Fire Marshal Phil Favro congratulating Mr. Sanders. Reports. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 6-77 regarding Rules and Regulations of the Bakersfield Art Commission, as follows: In June, 1955, the County of Kern and City of Bakersfield entered into a joint powers agree- ment for the construction and operation of the Cunningham Memorial Art Gallery. The agreement provided for financial contributions from the County and Bakersfield Art Association, and donation of land by the City. After completion of the building, it would belong to the City. It also provided for the creation of the Bakers- field Art Commission to assist the City in the 314 Bakersfield, California, October 26, 1977 - Page 2 operation and management of the building. This Commission was delegated the responsibility to formulate reasonable rules and regulations, subject to the approval of the City Council, for the use of the building. In 1960, the City Council approved rules and regulations; however, the Art Commission feels these rules and regulations need to be updated (see Attach- ment #1) to meet the needs of the current operation of the building. These proposed rules also provide for the reimbursement of expenses to the Art Association by using art organizations that do not pay membership fees to the Art Association. Both the Bakersfield Art Commission and members of this Committee are in agreement with these rules and regulations and recommend approval. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 6-77 regarding Rules and Regulations of the Bakersfield Art Commission, was accepted; and Rules and Regulations of the Bakersfield Art Commission, were approved and the Mayor was authorized to execute same. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1537 to 1782, inclusive, in the amount of $501,275.74. (b) Claim for Damages from Loma Linda Gonzalez, 803 Lincoln Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Salvadore Refugio Gonzalez, 803 Lincoln Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Hasan T. Gulersonmez, 1413 Ralston Street, Bakersfield. Refer to City Attorney) (e) Claim for Damages from Cynthia Rodriguez, Anna Rodriguez and Lamar Rodriguez, 3410 Jade Street, and Yvette Melendez, 819 - 8th Street. (Refer to City Attorney) (f) Street Easement Deed from Vincent J. and Anita B. Hashim providing additional right- of-way on Bernard Street at northeast corner of Bernard Street and Union Avenue. (g) Storm Drain Easement from Tenneco Realty Development Corporation for Edgemont Drive. (h) Sewer Line Easement from Hubert and Nellie Ogden and Tomas and Rebecca Avila providing a portion of right-of-way for pipeline construction on the Southeast Bakersfield Treatment Plant Facilities expansion. Bakersfield, California, October 26, 1977 - Page 3 315 (d), (e), (i) (J) (k) (i) (m) (n) (o) (P) (q) (r) Upon (f), Grant Deed from King Pak Farms, Inc. pro- viding a portion of right-of-way for pipeline construction on the Southeast Bakersfield Treatment Plant Facilities expansion. Notice of Completion and Acceptance of Work on street improvements on Ming Avenue, "O" Street and San Dimas Street - Contract No. 77-109 with Granite Construction Co. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3792 - Contract No. 77-76 with Highlands Real Estate Corporation. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3831 - Contract No. 77-10 with C. Stanley Huth and Helen I. Huth. Application for Encroachment Permit from Guadalupe Rodriguez Cruz, 144 Donna Avenue. for construction of 4-foot high wrought iron fence with concrete block columns 4½ feet behind curb and in public right- of-way along southeast corner lot at Donna Avenue and 2nd Street. Application for Encroachment Permit from James Banducci, Banducci Enterprises, 300 New Stine Road, for construction of a concrete planter, 5 foot wide by approxi- mately 8 foot high, and two concrete block planters 2 foot 8 inches (2'8") high, 15 feet back of curb and approxi- mately 2 feet with public right-of-way at northeast corner of Truxtun Avenue and "F" Street. Plans and Specifications for Pavement Improvements on Ashe Road, Ming Avenue, Gosford Road and University Avenue. Minute Order setting November 9, 1977, as the date for hearing an Appeal by Robert J. Matsumoto to the decision of the Board of Zoning Adjustment. Request of Suzannah Milling, Planning Technician, for 30-day Leave of Absence Without Pay beginning October 29, 1977 and extending through November 29, 1977. Map of Tract No. 3912 and Improvement Agreement for construction of improve- ments therein - located south of Julian Avenue and east of Hughes Lane. a motion by Councilman Ratty, Items (a), (b), (g), (h), (i), (j), (k), (i), (m), (n), (o), (c), (P), 316 Bakersfield, California, October 26, 1977 - Page 4 (q) and (r) of the Consent Calendar, roll call vote: Ayes: Noes: Absent: Councilmen Sceales, Strong, Ratty were adopted by the following Barton, Christensen, Medders, None Councilman Rogers Action on Bids. Upon a motion by Councilman Sceales, one bid received M. Lyles Company for construction of Sanitary Sewer Main Street, from W. in Alley north of Ming Avenue 35 feet + east of Fremont was rejected and the Finance Director was authorized to the project. Upon a motion by Councilman Sceales, one bid received for Fire Station Electronic Alerting System and Related Parts, rejected and the Finance Director was authorized to rebid the project. Upon a motion by Councilman Ratty, low bid of Sully- Miller Contracting Company for construction of Northwest Bakers- field Drain Pump Station Expansion, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, low bid of P. W. Everington & Sons, Inc., for sixty-seven pairs of Picnic Table Frames for the Parks Department, was accepted and the other bid rejected. Upon a motion by Councilman Christensen, low bid of American Bristol Industries, Inc., for furnishing and installing a Respiratory Air System for the Fire Department, was accepted and all other bids rejected. Police Department Electronic Target Practice System. Councilman Barton asked if this equipment could qualify for an L.E.A.A. (Law Enforcement Assistance Administration) grant. City Manager Bergen stated that there are certain items that can be funded through L.E.A.A. and the Electronic Target readvertise was Bakersfield, California, October 26, 1977 - Page 5 317 Practice System might qualify, but the City has not participated in this program or made application for funds. Councilman Barton stated that he would like the City to apply for L.E.A.A. funds for this project. City Manager Bergen stated that he is not familiar with eligibility, time elements or schedule for application of L.E.A.A. funds. When an item has been budgeted and funds allocated by the City a mid-year grant might be very difficult to obtain. There have been significant changes in the funding and eligibility of the L.E.A.A. program and since the City has not participated in the program these statements might not be precise. Councilman Barton made a motion that usual bidding requirements be dispensed with, in accordance with Section 5.20.060 of the Municipal Code, the Finance Director be authorized to negotiate a price with Advanced Training Systems, Inc. for Police Department Electronic Target Practice System, and the Council consider taking advantage of funds under the L.E.A.A. program for Police training projects. After discussion, Councilman Strong suggested that the Council act on the motion made by Councilman Barton and request the staff to provide a report as to what type of grants are available under the L.E.A.A. program and then the Council might be in a better position to make a determination as to whether or not to participate in that program. Councilman Barton's motion that the usual bidding requirements be dispensed with, in accordance with Section 5.20.060 of the Municipal Code, the Finance Director be authorized to negotiate a price with Advanced Training Systems, Inc. for Police Department Electronic Target Practice System, and the Council consider taking advantage of funds under the L.E.A.A. program for Police training project, was unanimously approved. Bakersfield, California, October 26, 1977 - Page 6 Deferred Business. Adoption of Ordinance No. 2376 New Series of the Council of the City of Bakersfield amending the Munici- pal Code by repealing Chapter 4.16 and substituting in lieu thereof a new Chapter 4.16, concerning Procedure for General Municipal Election. Upon a motion by Councilman Ratty, Ordinance No. 2376 New Series of the Council of the City of Bakersfield amending the Municipal Code by repealing Chapter 4.16 and substituting in lieu thereof a new Chapter 4.16, concerning Procedure for General Municipal Election, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Rogers New Business. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.60 of the Muni- cipal Code of the City of Bakersfield concerning Modifications, Conditional Use Permits, Text Amendments and Zone Changes. This proposed ordinance would substantially revise the chapter in the Zoning Regulations pertaining to the procedures for granting Modifications and Conditional Use Permits and for enacting ordinances making ordinary text amendments and zone changes. The Planning Commission held a noticed public hearing at its meeting of October 19, 1977, and recommended adoption of the ordinance. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Chapter 17.60 of the Municipal Code of the City of Bakersfield concerning Modifications, Conditional Use Permits, Text Amendments and Zone Changes. Bakersfield, California, October 26, 1977 - Page 7 319 Approval of request from Downtown Busi- ness Association regarding extension of boundaries of the Downtown Parking Mall, City Attorney instructed to draft Ordinance amending Section 11.17.020 of the Municipal Code relative to boundaries of the Central Parking Mall, and approval of Budget Transfer for necessary supplies. Assistant City Manager Buell stated that the staff has reacted to a request to extend the Downtown Parking Mall east and west of the present boundaries on 19th and 20th Streets. The staff has been meeting with the Downtown Business Association to consider this request and would make the following report: DOWNTOWN PARKING MALL Criteria for Expansion Periodically requests are received to extend the Parking Mall in the Downtown area. In an effort to adequately judge the merits of such an expansion and to identify potential hazards, the following criteria are proposed: Any increase in the Parking Mall should be restricted t'o areas of high retail store saturation. The purpose o£ the mall expansion is to increase customer parking and is not for the purpose of owner/employee parking or to beautify the downtown area. 3. The east and west sides of Chester Avenue are independent. 4. "L" and "H" Streets are to remain two-way with parallel parking. It is not desirable to extend 19th Street without extending 20th Street. They should be done as a pair, but any extension must be continuous. Before any extension may be considered, a petition containing the approval of 2/3 of the businesses on the effected streets' must be completed. 7. The mall should have uniform time limits. 8. "G" and "M" Streets should remain two-way. 9. Any decision made should be on a trial basis. Assistant City Manager Buell stated that if it is the Council's desire to proceed with the expansion of the Downtown Bakersfield, California, October 26, 1977 - Page 8 Parking Mall the City Attorney should be instructed to draft an Ordinance for consideration at the meeting of November 9, 1977, and approve a Budget Transfer, tonight, in the amount of $4,500.00 from the Council's Contingency Fund to the appropriate Public Works account so the necessary materials can be ordered and on hand at the time the Ordinance is adopted. Jacqueline Parish, Executive Director of the Downtown Business Association, stated that this extension is being requested, on a trial basis, to increase the parking for customers during the Christmas season. Mrs. Parish stated that they haven't been able to complete the petition for the l100 block of 19th Street because of absentee owners and the Downtown Business Association would be willing to accept the one block east and two blocks west at this time. After a lengthy discussion, upon a motion by Councilman Barton, the Downtown Parking Mall was extended, on a trial basis, two blocks west and one block east of Chester Avenue and also the other block east of Chester Avenue subject to a petition being submitted signed by two-thirds of the property owners in that block; the City Attorney was instructed to draft an Ordinance implementing this extension for consideration at the meeting of November 9, 1977; and Budget Transfer from the Council's Contingency Fund to the appropriate Public Works account in an amount necessary to expand the Downtown Parking Mall, was approved. Hearings. This is the time set for public hearing before the Council to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District No. 6. This hearing has been duly posted and utility companies within the District have been notified. On October 12, 1977, the Council adopted Resolution No. 96-77 and established October 26, 1977, as the date for public Bakersfield, California, October 26, 1977 - Page 9 321 hearing on whether public interest requires undergrounding of public utilities in an area which includes the area along Truxtun Avenue from "H" Street westerly to the Carrier Canal, west of Oak Street. Vice-Mayor Medders declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 99-77 of the Council of the City of Bakersfield, State of California, establishing Underground Utility District No. 6, consisting of Divisions 1 and 2 thereof, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Sceales, Strong, Christensen, Medders, Ratty None Councilmen Barton, Rogers This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Union No. 7," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This hearing was continued from the Council Meeting of July 25, 1977. This is an uninhabited annexation containing 11.61+ acres of land located west of South Union Avenue between Pacheco Road and Fairview Road. Upon a motion by Councilman Strong, public hearing before the Council for hearing protests by persons owning real property within territory designated as "Union No. 7," proposed to be annexed to the City of Bakersfield, was continued until Wednesday, 322 Bakersfield, California, October 26, 1977 - Page l0 December 14, Ayes: Noes: Absent: 1977 at 8:00 P. Councilmen Sceales, None Councilmen Barton, This is the time M., by the following roll call vote: Strong, Medders, Ratty Christensen, Rogers set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Harris No. 1," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 32.30+ acres of land located north of and adjacent to Harris Road, approximately 966 feet east of Stine Road. Vice-Mayor Medders declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 100-77 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of "Harris No. 1," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Christensen, Medders, Ratty Noes: None Absent: Councilmen Barton, Rogers Upon a motion by Councilman Sceales, Ordinance No. 2377 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Harris No. 1," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following roll call vote: Bakersfield, California, October 26, 1977 - Page ll 323 Ayes: Noes: Absent: Councilmen Sceales, Strong, Christensen, Medders, Ratty None Councilmen Barton, Rogers This is the time set for public hearing before the Council of the City of Bakersfield on the initiated action of the Planning Commission to Zone Upon Annexation to an R-S (Residential Suburban), or more restrictive, Zone, that certain property in the County of Kern located approximately 1000 feet east of Stine Road, known as "Harris No. 1" Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This proposed annexation covers a 32.30 acre undeveloped parcel of land. The owner is proposing to subdivide this property into 71 one-third acre parcels under R-S zoning. This would be consistent with the Land Use Element of the General Plan which depicts this area as low density residential. A Negative Declaration was advertised and posted on August 5, 1977. The Planning Commission approved the Negative Declaration and R-S zoning, found the proposed zoning consistent with the General Plan, and recommended approval. Vice-Mayor Medders declared the hearing open for public participation. No protests or objections being received the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2378 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as "Harris No. l" Annexation, finding said zoning consistent with the General Plan and the Negative Declaration, were adopted by the following 324 Bakersfield, California, October 26, 1977 - Page 12 roll call vote: Ayes: Councilmen Noes: Absent: Seeales, Ratty None Councilman Rogers This is the time set Strong, Barton, Christensen, Medders, for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Wilson Road No. 3," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 4.97+ acres of land located on the south side of Wilson Road, 150 feet west of Actis Road. Vice-Mayor Medders declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 101-77 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of "Wilson Road No. 3," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Rogers Upon a motion by Councilman Sceales, Ordinance No. 2379 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Wilson Road No. 3," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the 325 Bakersfield, California, October 26, 1977 - Page 13 following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: Councilman Rogers This is the time set for public hearing before the Council of the City of Bakersfield on the initiated action of the Planning Commission to Zone Upon Annexation to an R-1 (One Family Dwelling), and to a C-O-D (Commercial and Professional Office - Architectural Design), or more restrictive, Zones, affecting those certain properties in the County of Kern located on both sides of Wilson Road, east of Stine Road, known as "Wilson Road No. 3" Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The proposed annexation contains two parcels with a total of approximately 4.97 acres of land. Parcel on the south side of Wilson Road is presently developed with the Italian Heritage Dante Association Club. Parcel on the north side is undeveloped and the owner requested C-O zoning. Because of the access, shape, location and close proximity of commercially zoned property, the Commission was in agreement, with the application of "D" Design Overlay to ensure compatible development. These two proposed zonings would be consistent with the Land Use Element of the General Plan. A Negative Declaration was advertised and posted on August 5, 1977. The Planning Commission approved the Negative Declaration and the R-1 and C-O-D zoning, found it consistent with the General Plan and recommended approval. Vice-Mayor Medders declared the hearing open for public participation. No protests or objections being received, the 31),6 Bakersfield, California, October 26, 1977 - Page 14 public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2380 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as "Wilson Road No. 3" Annexation, finding said zoning consistent with the General Plan and the Negative Declaration, were adopted by the following roll call vote: Ayes Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty Noes None Absent: Councilman Rogers Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:30 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: C T ~I~RK and ]~x-Off~io Clerk of the Council of t~e City of Bakersfield, California ma Bakersfield, California, November 9, 1977 327 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 9, 1977. The meeting was called to order by Vice-Mayor Medders followed by the Pledge of Allegiance and Invocation by Mr. Don Minor member of the High Council o£ the Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Absent: Mayor Hart, Councilman Ratty Minutes of the regular meeting of October 26, 1977, were approved as presented. Hearings. Upon a motion by Councilman Rogers, public hearing on application by the Planning Commission to amend the zoning boundaries from within freeway right-of-way to an M-1-D (Light Manufacturing - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield lying within State Route 99 Freeway and located on the northwest corner of Pierce Road and Rosedale Highway, was continued until Wednesday, November 23, 1977. Students Participating in Student Government Day. Vice-Mayor Medders welcomed and Student Mayor Scott Whitley introduced the student counterparts for members of the Council who are participating in the Annual Teenage Student Govern- ment Day on Wednesday, November 16, 1977. Council Statements. Councilman Christensen made a motion that the following items be deleted from the Consent Calendar; (g) Grant Deed from Bakersfield Sandstone Brick Co. 398 Bakersfield, California, November 9, 1977 - Page 2 (v) Plans and Specifications for site work for a new Fire Station located at the northwest corner of Kern Street and Butte Street. EDA Project No. 07-51-27068, Phase I. until such time as the following questions: 1. staff submits a report answering the How was the selection of that property made? 2. What other sites were considered? 3. Who made the appraisal of the various sites that were considered? 4. What was the price of each site? 5. Who gave the authority to choose the site? Was there any Council action brought forth on that? 6. Why wasn't this important item made a part of the regular agenda instead of being hid away on the Consent Calendar? 7. What criteria was used to determine the suitability of this site? 8.Is it considered routine to purchase a Fire Station location? 9. Why didn't the Council members receive a sketch or a map of the area cited verbally? Vice-Mayor Medders indicated that Items (g) and (v) were removed from the Consent Calendar at the pre-meeting. Councilman Christensen questioned why these items were placed on the Consent Calendar and when was consideration given to taking them off. City Manager Bergen stated they should not have been placed on the Consent Calendar and he considered removing them late Monday. Councilman Christensen asked who oversees the agenda before it goes to press. City Manager Bergen stated that he looks at and approves all agenda items, unless he is not present. If he is not present then one of the Assistant City Managers look it over and give it to the Clerk for preparation. Bakersfield, California, November 9, 1977 - Page 3 329 During discussion, Councilman Sceales offered a substitute motion that a Special Council Meeting be held Tuesday, November 15th in order to allow staff time to respond to the questions of Council- man Christensen. Councilman Rogers suggested that tonight's meeting be recessed until 5:00 P.M., Tuesday, November 15, 1977. Councilman Christensen requested that each Councilman be given the answer to the questions at least one day prior to the recessed meeting. City Manager Bergen assured that the information would be supplied to the Council Monday evening at the latest. Councilman Sceales withdrew his substitute motion. Councilman Christensen's motion that Items (g) and (v) of the Consent Calendar, be deleted; and tonight's Council Meeting be recessed until 5:00 P.M., Tuesday, November 15, 1977, for a report from the staff answering the nine questions, was unanimously approved. Reports. Councilman Sceales, Chairman of the Intergovernmental follows: At the City Council meeting of July 25, 1977, the Council referred to this Committee a report from the Fire Chief discussing property losses and personal injuries caused by fireworks. Since that time, this Committee has been in contact with representatives of the fireworks manufacturing firms and has had a public hearing to solicit input concerning the sale and use of fireworks. After considering all of the information and testimony, it is the recommendation of this Committee that no modifications be made to the basic intent of the ordinance. There is one amendment that should be made because of a recent piece of legislation adopted by the State of California. An urgency statute, AB882, forbids the sale of fireworks to anyone under sixteen years of age. The City of Bakers- field's code should be amended to reflect this as Relations Committee, read Report No. 7-77 regarding Fireworks, 330 Bakersfield, California, November 9, 1977 - Page 4 recent legislation and the attached ordinance will accomplish this. It is, therefore, the recommendation of this Committee that Municipal Code Section 14.40 be amended only to the extent of limiting the sale of fireworks to minors. Upon a motion by Councilman Sceales, Report No. 7-77 of the Intergovernmental Relations Committee regarding Fireworks, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield amending the Table of Sections of Chapter 14.40, amending Section 14.40.010 and adding Section 14.40.055 of the Municipal Code prohibiting sale of Fireworks to persons under the age of sixteen years. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending the Table of Sections of Chapter 14.40, amending Section 14.40.010 and adding Section 14.40.055 to the Municipal Code prohibiting the sale of Fireworks to persons under the age of sixteen years. City Manager Bergen read a report regarding Bakersfield Airpark, as follows: At the Council meeting of August 10, 1977, the Council authorized the staff to make application to the Federal Aviation Adminis- tration for a master planning grant for the Bakersfield Airpark. On October 25, 1977, the FAA informed the City that the grant request has been approved, and that they have offered us funding in the amount of $26,280, which represents 90% of the total amount of the planning effort. In order to proceed, it is necessary for the Council to accept the grant offer, and also to enter into a contract with R. Dixon Speas of Los Angeles to carry out the plan. The Council authorized the selection of Speas at the meeting of July 25, 1977, contingent upon a grant offer. It is anticipated that work will begin no later than December 1, 1977, and that a report be delivered to the City Council no later than May l, 1978. It is therefore the recommendation of the staff that the following actions be taken: Bakersfield, California, November 9, 1977 - Page 5 331 (i) Approve the attached Resolution the grant offer and authorizing to execute; and accepting the Mayor (2) Approve the contract with R. Dixon Speas Associates and authorize the Mayor to execute. Upon a motion by Councilman Barton, report from the City Manager regarding Bakersfield Airpark, was accepted; and Agreement with R. Dixon Speas Associates for preparation of an Airport Master Plan, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 102-77 of the Council of the City of Bakers- field accepting Grant offer of U.S.A. through FAA, in maximum amount of $26,280 to be used under Project 77-1-A-06-0323-01 for Airport Master Planning for Bakersfield Airpark. Upon a motion by Councilman Barton, Resolution No. 102-77 of the Council of the City of Bakersfield accepting Grant offer of U.S.A. through FAA, in maximum amount of $26,280 to be used under Project 77-1-A-06-0323-01 for Airport Master Planning for Bakers- field Airpark, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Noes: None Absent: Councilman Ratty Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1783 to 1935, inclusive, in the amount of $399,745.95. (b) Claim for Damages from Joseph Tushkowski, c/o Granger & Montgomery, Attorneys at Law, P.O. Box 459, Delano, California. (Refer to City Attorney) (c) Claim for Damages from James Otis Easton, 302 Francis Street, Oildale, California. (Refer to City Attorney) (d) Two Amended Protective Claims Telephone & Telegraph Company. City Attorney) from Pacific (Refer to 332 Bakersfield, California, November 9, 1977 - Page 6 (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) (o) (P) (q) (r) Fence Easement from Tenneco Realty Develop- ment Corporation for sump fence in Tract No. 3874 located northwest of Ming Avenue and Manning Street. Street Right-of-Way Deed from California Water Service Company as required for Tract No. 3950. DELETED Sewer Easement from Elmer F. Karpe, Inc. as required by Tract No. 3912. Grant Deed from Donald P. Chandler and Mary Chandler providing sump site at White Lane and Edith Lane as required for Tract No. 3722. Street Easement Deed from Ellis Andrews providing additional right-of-way on north side of Harris Road between Marin Street and Krista Street. Notice of Completion and Acceptance of Work on street improvements on Adanac Mobile Home Park at Stine Road and Planz Road with Adanac Development Corporation. Notice of Completion and Acceptance of Work on street and sewer improvements under Parcel Map No. 3673 - Contract No. 77-11 with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3674 - Contract No. 77-32 with Stockdale Development Corporation. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3677 - Contract No. 77-32 with Stockdale Development Corporation. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3781 - Contract No. 77-33 with Stockdale 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, Inc. Map of Tract No. 3911 "B" and Improvement Agreement for construction of improvements therein located north of Ming Avenue and west of Valhalla Drive. Map of Tract No. 3927 and Improvement Agreement for construction of improve- ments therein located north of White Lane and west of Akers Road. Bakersfield, California, November 9, 1977 - Page 7 333 (d) , (r), (e), s), (s) (t) (u) (v) (w) (x) (Y) (z) (aa) (bb) (cc) Upon (f), (t), Plans and Specifications for construction of Storm Drain System on "L" Street and Vernal Place. Plans and Specifications for improvement of Chester Avenue between 24th Street and Garces Circle, FAU Project No. M-F294(2). Plans and Specifications for construction of Curbs and Gutters on various streets in the Sunset Mayflower District, EDA Project No. 07-51-22588, Phase I. DELETED Plans and Specifications for resurfacing portions of Baker Street, California Avenue, 4th Street, Lakeview Avenue and "P" Street, EDA Project No. 07-51-27066, Phase I. Plans and Specifications for construction of a Storm Drain System from "L" and 4th Streets to California Avenue and "N" Street, EDA Project No. 07-51-27067, Phase I. Request from Michael E. Lewis and Elmer F. Karpe family for annexation of property located on the southeast corner of State Route 178 and Commanche Drive. (Refer to Planning Cornmission for study and recommendation) Request from Everett C. Murray for annexa- tion of property located on east line of Real Road, north of Palm Street, south of Chester Lane and west of Saunders Park. (Refer to Planning Commission for study and recommendation) Request from Tenneco Realty Development Corporation for abandonment of Planz Road between Ashe Road and Wilson Road. (Refer to Planning Commission for study and recommendation) Minute Order setting November 23, 1977, as the date for hearing an Appeal by Flavia C. Garmargo to the decision of the Board of Zoning Adjustment. Agricultural Lease Renewal with Howard Hamilton for one year for a portion of the sewer farm on property acquired from Southern Pacific. a motion by Councilman Barton, Items (a), (b), (c), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), (u), (w), (x), (y), (z), (aa), (bb) and (cc) of the 334 Bakersfield, California, November 9, 1977 - Page 8 Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Noes: None Absent: Councilman Ratty Action on Bids. Upon a motion by Councilman Strong, low bid of General Seating Company for Park Bench Equipment, was accepted and the other bid rejected. After discussion, upon a motion by Councilman Strong, low bid of R. G. Detmers and Associates for Park Shelters for Jefferson and Lowell Parks, was accepted and all other bids rejected. Councilman Sceales questioned the necessity of this item and voted in the negative on the motion. Upon a motion by Councilman Rogers, low bid of Griffith Company for Pavement Improvements on Ashe Road, Ming Avenue, Gosford Road and University Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Strong, bid of Granite Construction Company for Annual Contract for Type "B" Asphalt Concrete, was accepted and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Ordinance No. 2381 New Series of the Council of the City of Bakersfield amending Chapter 17.60 of the Municipal Code of the City of Bakersfield concerning Modifications, Conditional Use Permits, Text Amend- ments and Zone Changes. Upon a motion by Councilman Strong, Ordinance No. 2381 New Series of the Council of the City of Bakersfield amending Chapter 17.60 of the Municipal Code of the City of Bakersfield concerning Modifications, Conditional Use Permits, Text Amendments and Zone Changes, was adopted by the following roll call vote: Ayes Noes Absent: Councilmen Strong, Sceales None Councilman Ratty Barton, Christensen, Medders, Rogers, Bakersfield, California, November 9, 1977 - Page 9 335 New Business. Adoption of Emergency Ordinance No. 2382 New Series of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code adding certain streets to the Central Parking Mall. Mr. Jack Waters, Manager of Westside Liquors, 1832 - 19th Street, stated that the proposed expansion of the Downtown Parking Mall which includes the one block on 19th Street between "F" and "G" Streets would cause parking problems that would adversely affect his business and requested that this one block be eliminated from the expansion proposal. Assistant City Manager Buell stated that when the original proposal was brought before the Council, two weeks ago, the Down- town Business Association indicated that they were trying to get a petition signed from the l100 blocks (between "M" and "N" Streets) of 19th and 20th Streets. They have not been successful in gaining a petition for those blocks and therefore they have been dropped from consideration at this time. Councilman Sceales made a motion that the Downtown Parking Mall be expanded to include one additional block east (between "L" and "M" Streets) and one additional block west (between "G" and "H" Streets) of Chester Avenue on 19th and 20th Streets. Mr. Skip Witham, Witham's TV and Appliance Co. at the corner of 19th and "G" Streets, requested that the Downtown Parking Mall be expanded to include 19th Street between "F" and "G" Streets. Mr. Witham also stated that their largest parking problem, besides lack of spaces, is that both sides of the street have 2 and 5 hour parking limits. Director of Public Works Hawley stated that the parking limits in this area could be shortened. During discussion, Councilman Barton offered a substitute motion that the Downtown Parking Mall be extended, on a trial basis, an additional two blocks west (between "F" and "H" Streets) and 336 Bakersfield, California, November 9, 1977 - Page l0 Ayes: Noes: Absent: uu~ uluc~ east tue~wew- ar~u ~v~' o~ree~sj of Chester Avenue on 19th and 20th Streets and time limits of 90 minutes be implemented in these blocks. After a lengthy discussion this motion failed to carry by the following roll call vote: Councilmen Strong, Barton, Christensen Rogers, Sceales Councilmen Medders, Councilman Ratty Councilman Sceales' Mall be extended to and "M" Streets) and one additional block west "H" Streets) trial basis, Ayes: Noes: Absent: Abstaining: (between of Chester Avenue on 19th and 20th Streets, carried by the following roll call vote: Councilmen Strong, Medders, Rogers, Sceales Councilman Barton Councilman Ratty Councilman Christensen motion that the Downtown Parking include one additional block east (between "L" "G" and on a Vice-Mayor Medders declared a recess at 9:45 P.M. and reconvened the meeting at 9:50 P.M. Upon a motion by Councilman Rogers, Emergency Ordinance No. 2382 New Series of the Council of the City of Bakersfield amending Section 11.17.020 of the Municipal Code adding certain streets to the Central Parking Mall, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers, Sceales Noes: None Absent: Councilman Ratty Approval of Cooperative Agreement between the City and State of Cali- fornia, Business and Transportation Agency, Department of Transportation for modification of traffic signals at the intersection of State Highways 58 and 99 with Pierce Road. Upon a motion by Councilman Rogers, Cooperative Agreement between the City and State of California, Business and Transportation Bakersfield, California, November 9, 1977 - Page ll 337 weight pickup was approved. Agency, Department of Transportation for modification of traffic signals at the intersection of State Highways 58 and 99 with Pierce Road, was approved and the Mayor was authorized to execute same. Approval of Budget Transfer for purchase of two lightweight pickup trucks with radios for Building Department Inspectors. Upon a motion by Councilman Rogers, Budget Transfer from the Council Contingency Fund to appropriate Automotive and Communi- cation Accounts in the amount of $10,430 for purchase of two light- trucks with radios for Building Department Inspectors, Approval of Right of Entry Agreement from the Mt. Vernon County Sanitation District to the City for access to County property for construction of pipelines for Southeast Bakersfield Treatment Plant Expansion. The agreement provides the City with access to the County property for construction of pipelines for the Southeast Bakers- field Treatment Plant Expansion. The County is proceeding with a permanent easement to the City for the pipelines, which should be available within 90 days. Upon a motion by Councilman Rogers, Right of Entry Agreement from the Mt. Vernon County Sanitation District to the City for access to County property for construction of pipelines for Southeast Bakersfield Treatment Plant Expansion, was approved and the Mayor was authorized to execute same. Approval of Annexation boundaries designated as Union No. 8. Upon a motion by Councilman Barton, Annexation boundaries designated as Union No. 8, containing approximately 70 acres of uninhabited territory, located south of Bakersfield Airpark on the east side of Union Avenue between White Lane and Pacheco Road, were approved and referred to the City Engineer and City Attorney for submittal to LAFCO. 338 Bakersfield, California, November 9, 1977 - Page 12 Authorization for Finance Director to negotiate a price with Haber£elde Ford for furnishings and fixtures for New Corporation Yard. Haberfelde Ford is now occupying its new facilities and in the move has surplused some furnishings and fixtures in their old buildings that can be utilized at the New Corporation Yard. The City has already acquired the buildings and Haberfelde has indicated a willingness to negotiate a price for some of this equipment. By dealing in this manner a considerable savings may be realized, Funds for this type of furnishings are available within this year's budget. Upon a motion by Councilman Rogers, the Finance Director was authorized to negotiate a price with Haberfelde Ford for furnishings and fixtures for New Corporation Yard. Hearings. This is the time set for continued public hearing before the Council on an Appeal by Mrs. Ronald Goertz to the decision of the Board of Zoning Adjustment regarding Alfred R. Engel's appli- cation for a Modification of an R-1 (One Family Dwelling) Zone to permit the reduction of the required front yard setback from the required 25 feet to 23 feet on that certain property commonly known as 3312 Crest Drive. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This hearing was continued from the Council Meeting of October 12, 1977, due to illness of Mrs. Goertz. The Board of Zoning Adjustment considered and approved Mr. Engel's application for a reduction of the required front yard setback from 25 to 23 feet to permit the construction of a double- car garage. The adjacent property owner, Mrs. Ronald Goertz, is appealing the decision based on the fact the proposed garage would project beyond the other garages on this cul-de-sac street. Bakers£ield, California, November 9, 1977 - Page 13 339 Vice-Mayor Medders declared the hearing open for public participation. Mr. Alfred Engel stated he was doing everything possible not to interfere with Mrs. Goertz's view and requested that the modification be granted. No protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, Zoning Resolution No. 256 Granting Modification of the Land Use Zoning Ordinance of the City of Bakersfield to allow a reduction of the required front yard setback from 25 feet to 23 feet in order to construct a double- car garage on that certain property commonly known as 3312 Crest Drive, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Rogers Noes: None Absent: Councilmen Ratty, Sceales This is the time set for public hearing before the Council on an Appeal by Mr. Robert J. Matsumoto to the decision of the Board of Zoning Adjustment concerning his application for a Mod~ation of an R-1 (One Family Dwelling) Zone to allow tandem parking for the required off-street parking on that certain property commonly known as 5816 Appletree Lane. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The Board of Zoning Adjustment considered and denied Mr. Matsumoto's application to retain a converted garage used as a temporary sales tract office as living area and provide tandem parking between the north property line and the dwelling. Vice-Mayor Medders declared the hearing open for public participation. 340 Bakersfield, California, November 9, 1977 - Page 14 Mr. Amos Kleinsasser, representing Robert J. Matsumoto, stated that what they are requesting is not unreasonable and the alternative to the tandem parking would be more detrimental to the property. City Attorney Hoagland stated that, generally, in new subdivisions a Conditional Use Permit is requested to utilize a garage as a sales office until all dwellings are sold. The house containing the tract office is not supposed to be sold until it has been converted back into a garage and sometimes they are not and innocent people are caught up in it. The Board of Zoning Adjustment has been considering this for sometime because it happens with alarming frequency in new tracts. The Board of Zoning Adjustment feels it is a detriment to the other property owners who bought their homes with off-street parking provided. If the Council approves this request there will be very little reason for not allowing other persons in that subdivision to convert garages into living areas with tandem parking, as is being requested in this case. No protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Zoning Resolution No. 257 Denying Modification of the Land Use Zoning Ordinance of the City of Bakersfield to allow Tandem Parking for the required off-street parking on that certain property commonly known as 5816 Appletree Lane, was adopted by the Ayes: Councilmen Strong, Barton, Noes: Councilman Rogers Absent: Councilmen Ratty, This is the time following roll call vote: Christensen, Medders Sceales set for public hearing on application by Fred L. Jones to amend the zoning boundaries from an "A" (Agricultural) Zone and a C-2-D (Commercial - Architectural Design) Zone to an M-1 (Light Manufacturing), or more restrictive, Zone, Bakersfield, California, November 9, 1977 - Page 15 341 affecting those certain properties in the City of Bakersfield located on the east side of Burr Street at the extreme south end, between the Cross Valley Canal and the Kern River. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property, as advertised, contains approximately 17.5 acres of undeveloped land located south and southwest of the Hilton Hotel complex. The City is interested in buying a portion of subject property located within the river channel and Mr. Jones is agree- able to selling. Accordingly, the Planning Commission recommended the rezoning of subject property located north of the Flood Plain Primary line to M-1-D-FP-S and M-l-D, as per official map on file in the Planning Department. There was no one present at the Planning Commission hearing in opposition to the zone change. A Negative Declaration was advertised and posted on September 23, 1977. Vice-Mayor Medders declared the hearing open for public participation. Mr. Fred L. Jones, the applicant, was present to answer questions of the Council. received, the public portion of deliberation and action. No protests or objections being the hearing was closed for Council Upon a motion by Councilman Rogers, Ordinance No. 2383 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 east side of Burr Street at the extreme south end, between the Cross Valley Canal and Kern River, finding the M-1-D-FP-S and M-1-D 342 Bakersfield, California, November 9, 1977 - Page 16 zoning consistent with the General Plan, tion, Ayes: Noes: Absent: Council, November 15, and the Negative Declara- were adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Medders, Rogers None Councilmen Ratty, Sceales Recess. There being no further business to come before the the meeting was recessed at 10:25 P.M., until Tuesday, 1977 at 5:00 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: C~K ~a~n~ x-~ CITY Clerk of the Council of the/City of Baker~ield, California ma Bakersfield, California, November 15, 1977 343 Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:00 P.M., November 15, 1977. Present: Absent: The meeting was called to The City Clerk called the Mayor Hart. Councilmen None Reports. order by Mayor Hart. roll as follows: Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales City Manager Bergen read a report and made comments regarding Fire Station Site Acquisition, as follows: City Manager Bergen stated that it seems everything connected with the Local Public Works Employment Act funds has been done with very restrictive time constraints and the report is no exception. In order to answer the Council's questions, completely and briefly as possible, the Fire Chief and Public Works Director have been asked to prepare memorandums incorporating and answering questions asked by the Council last week. As the report is being read reference will be made to these memorandums and in some places they will be quoted. The following report is submitted in response to questions by the City Council relative to property acquisition for a new fire station site at Butte Street and Kern Street. Under normal circumstances, the time element for site acquisition of this nature would have allowed more time for the preparation of detailed reports. Those reports would consider the following steps which require separate Council actions: (1) Determination of need (2) Site selection (3) Allocation of funds (4) Authorization to purchase site Because of the use of grant funds under the Public Works Act and the time constraints imposed for the use of those funds, the normal time span has been substantially compressed. 344 Bakersfield, California, November 15, 1977 - Page 2 The above-mentioned steps were followed but separate reports were not prepared. City Manager Bergen stated that in some instances several of the above actions were approved at one meeting. The following are my responses to the specific questions: (1) How was the selection of that property made? (Item No. 1 from the Fire Chief's memo addresses this question) "The selection of property for the fire station relocation project in the eastern sector of this City is based on several factors, which are: The site should meet the criteria for minimum emergency response times, as was determined through the PTI fire station location survey, as closely as possible. Access barriers to all areas of the initial response districts and alternative routes are a prime factor for site location determina- tion. The Santa Fe and Southern Pacific railroad tracks are the specific problem within the response district in question." Mr. Bergen stated the answer to Question No. 7 will help clarify the answer to Question No. 1. (2) What other sites were considered? Mr. Bergen referred to a map on the wall showing all available property. (Item Nos. 4, 5, 6 & 7 from the Public Works Director's memo addresses this question) "Property Number One~ To meet the EDA time restrictions, it would be necessary to purchase property without getting involved with relocations of residents or without condemnation. From aerial photos it was determined that few sites were available. The most promising site was at the southwest corner of Gage and Chico Streets. The pastor of the church who owned the property indicated that the church would con- sider selling. On this basis the property was shown in the application Bakersfield, California, November 15, 1977 - Page 3 345 submitted to EDA on August 24, 1977. For grant purposes a value of $60,000 was arrived at by informal discussions with the appraiser. After receiving a grant offer from EDA, the City asked for a firm commitment from the church to sell. About October 5th, after a church board meeting, the pastor said the church was no longer interested in selling. Alternate Properties: After the first property became unavailable, the Fire Chief and I reviewed the aerial photos again and came up with two locations in the general area that could be acquired - one at the northwest corner of Butte and Kern and one at the southeast corner of Dolores and Miller. Butte and Kern Property: This property covers an entire block and is owned by Sandstone Brick Company. The owners indicated they would split the property and sell a part to the City. On this basis I requested the appraiser to appraise a site 150' x 250' After investigation and analysis, the appraiser gave a value of $56,250 for this parcel. Dolores and Miller Property: This prop- erty has about 60,000 square feet and is owned by Albert and Marjorie Lum. The property is listed for sale and we were told the asking price is $60,000." (Item No. 2 from the Fire Chief's memo addresses this question) "The original site, bounded by East California and Chico between Owens and Gage Streets, was considered due to its available space, configuration, location and access routes to other areas, although its location was more south than desired. The City appraiser approached the pastor of the church which owned the property who initially indicated that the property may be available. The appraiser then inves- tigated other vacant property with regard to its size, location and availability. The large, vacant parcel of land on the south side of East California between South Owens and Robinson Street is not suitable due to its southerly location and configuration. The policy of con- structing fire stations on main streets within this City has ceased due to heavy traffic causing response delays and undue danger to the public and firemen. The property at Dolores and 346 Bakersfield, California, November 15, 1977 - Page 4 Miller is not a potential site due to its northern sector of the response area. All other vacant property with- in the area was not large enough." (3) Who made the appraisal of the various sites that were considered? Mr. Bergen stated there was an informal appraisal made of the original site, a formal appraisal made of the Butte and Kern Streets site, and the Dolores and Miller Streets property is a listed price. (Item No. 3 from the Public Works Director's memo addresses this question) "Appraisers: The City does not have its own appraisers. Whenever appraisal service is needed, the City uses one of the licensed appraisers who have business licenses with the City. During the last six months we have used the services of four different appraisers. In this particular case we obtained the services of Egan Gost & Associates." (4) What was the price of each site? Mr. Bergen stated that the memorandum from the Public Works Director addressed the price of each site. The original site (informal appraisal) was $60,000; the second site, Butte and Kern Streets (formal appraisal), was $56,250; and the third site, Dolores and Miller Streets, was for sale for $60,000 (no appraisal). Another property, located south of California Avenue between Owens and Robinson Streets, was looked at but the Fire Chief did not consider it suitable under any circumstances and no appraisal was made. (5) Who gave the authority to choose the site? Was there any Council action brought forth on that? The City Council upon the recommendation of the staff concurred in the need for a new fire station which would consolidate two existing stations and gave preliminary approval of a tentative site on August 24, 1977 (see attached Map #1). The site which had been chosen and submitted with the grant application was determined at a later date not to be available. The Bakersfield, California, November 15, 1977 - Page 5 347 (6) (9) (7) staff then began to look at other sites in the general area. A more detailed discussion will be presented in the memos from the Fire Chief (paragraph 5) and Director of Public Works (paragraph 9). (Item No. 5 from the Fire Chie£'s memo addresses this question) "The Fire Chief recommended to the City Manager the site in question, based on the criteria developed from the PTI survey. The recommended site is not the optimum location to build a fire station. It is, however, the only vacant property available closest to the area designated by PTI with access routes across, under and over the railroad tracks to the northern section of the area to be protected by this station. Ultimate authority to pur- chase property for any City facility must be granted through Council action." (Item No. 9 from the Public Works Director's memo addresses this question) "Purchase: On October 12th the Council authorized the staff to proceed with the new Fire Station project and approved the land acquisition using funds budgeted for a Fire Training Facility. The EDA has a deadline of December 30th to begin construction on the fire station. To meet this deadline, our schedule showed November 9th as the date plans and specifica- tions needed to be approved. Since the plans and specs include site work and location, we have proceeded with the site acquisition by opening escrow on October 28th. The property deed and site location plan was presented to the Clerk for the November 9th meeting." Why wasn't this important item made a part of the regular agenda instead o£ being hidden away on the Consent Calendar? Why didn't the Council members receive a sketch or a map of the area cited verbally? These items should have been included on the regular agenda and a sketch of the proposed site should have been provided. What criteria was used to determine the suitability of this site? (Item No. 7 from the Fire Chief's memo addresses this question) 348 Bakersfield, California, November 15, 1977 - Page 6 "As previously stated, the PTI fire station survey is the system and method through which the actual site was chosen. The criteria is infor- mation based on time responses after being analyzed by the computer system. The location recommended by PTI for the fire station site is Owens and Eureka Streets. This site is at the easterly limit based on access routes to the northern sector of the response area. There is no property at or close to this particular location without going through condemnation procedures. The fire station site chosen is an alternative based on available vacant land closest to Owens and Eureka with access capability to the north." (8) Is it considered routine to purchase a fire station location? It is not routine to purchase fire station sites, but is rather a very carefully followed set of steps and the Council would give its approval and authority after the deteminations (steps (1) through (4)) which I mentioned above had been made. With such approval, the mechanics of the purchase could be considered routine. Mr. Bergen stated there are a number of other actions required by the staff and Council that were not enumerated in the report. For example, the Council had to retain an Architect for the design and this was done by Council action on September 14, 1977. It was not included in the report because it was an item that supplements the four basic steps that the Council would have to decide. After the Council made a determination of need and tentative site selection, at the meeting of August 24th, there was a lengthy verbal report made by the Fire Chief on the need and PTI study. At that time the Fire Chief indicated it would be followed up with a memorandum, which was submitted to the Council on October 7th. Allocation of funds and authorization to purchase the original site was included in the report made on October 12th and formally acted on by the Council at that time. Fire Chief Needham answered questions of Councilman Christensen regarding the Public Technology Incorporated (PTI) fire station location survey. Bakersfield, California, November 15, 1977 - Page 7 349 Councilman Christensen questioned the staff's recommenda- tion that the Butte and Kern Streets property containing 37,500 square feet at a price of $56,250 be purchased for the new fire station site rather than the Dolores and Miller Streets property containing 60,000 square feet at a price of $60,000. Councilman Strong stated, for the record, the ownership of the Kern and Butte Streets property is not the subject of his questions or comments because it does not make any difference who owns the property. He was concerned because it was placed on the Consent Calendar without any explanation. Councilman Strong asked, if the Council ultimately felt that the site for the new fire station was not acceptable, what use could be found for the $539,000 within the meaning of the mandates of the grant. He further questioned the staff regarding EDA allowing an alternate use or requesting an extension of time on this portion of the grant. Councilman Strong stated that he hoped the Council would wait until the next Council Meeting before making a determination and at that time it will be definitely known whether or not the money can be used for something else and for the fire stations to remain open pending further study and recommendation. He would like to have an EDA official, not a representative, make the final determination on the City's application. The City should do every- thing possible to retain the grant money but he is not satisfied with the present location and within a week a better location could be found. Councilman Sceales made a motion that the funds from EDA for the new fire station be returned. This motion failed to carry by the following roll call vote: Ayes: Councilmen Rogers, Sceales Noes: Councilmen Strong, Barton, Absent: None Christensen, Ratty Abstaining: Councilman Medders 3;50 Bakersfield, California, November 15, 1977 - Page 8 Councilman Strong made a motion that whereas the original owners of the fire station site changed their minds about selling the property described in the City's application, and whereas the present sites that are available appear to be unacceptable to the majority of the Council, at this time, that the staff contact the proper EDA officials and attempt to determine whether or not the uses for this portion of the money can be altered or that the time limit can be extended for determining a more suitable site. This motion carried by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Ratty, Noes: Councilmen Medders, Sceales Absent: None Adjournment. There being no further business Council, upon a motion by Councilman Ratty, adjourned at 6:15 P.M. Rogers to come before the the meeting was Calif. ATTEST: CITY nd e~k of the Council of th& City of Bakerq~ield, California ma Bakersfield, California, November 23, 1977 351 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., November 23, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. William R. Butler 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 November 9, 1977 and recessed meeting of November 15, 1977, were approved as presented. Scheduled Public Statements. Councilman Strong stated that there is a large black audience here tonight to express their concern regarding an inci- dent that took place at a Bakersfield College dance on Saturday, November 12, 1977, between the Bakersfield Police Department and persons attending the dance. Councilman Strong, with the aid of a diagram of the cafeteria where the dance was held, questioned the following persons who were at the dance: Richard Robinson, student at Bakersfield College, ex- plained what happened during the time the fight broke out between two persons attending the dance and incidents immediately following the fight. Lester Alexander explained what happened after the fight had been broken up and th£ crowd disbursed. Jacquelin Radcliffe, who is pregnant, explained how she was knocked down when the crowd was running outside and also stated that one of the boys was handcuffed and being beaten. Lester Anthony stated that following the incident at the college he and Jerry Roberts talked to a College Official who appeared to be sympathetic; then they talked to persons in the 352 Bakersfield, California, November 23, 1977 - Page 2 Police Department and were criticized and told the Police Depart- ment was not interested in what they had to say. Anthony Hodge, 13 years old, explained how he was hit in the shoulder by a Policeman with a baton and showed the scar to the Council. Councilman Strong stated that there are several persons who were severely beaten in this incident, but the case is in litigation and it would obviously jeopardize their case if they testified tonight. Councilman Strong then called Darryl Jenkins so the Council could observe his size and the wound on his fore- head that required six stitches; and Maricia Alexander showed the Council the marks on her wrists left by the handcuffs. Robert Reader, Bakersfield College Instructor, stated that he was instructed by a Police Officer to "turn the dance out" because the Police were now in charge and would override his decisions. Mr. Reader stated his only concern was to inform the kids because he knew what was coming. Councilman Strong then outlined the events that led up to the dance being closed down and the pandemonium that took place thereafter. Mr. Ralph Anthony stated that the Police Department's irresponsible acts are of grave concern to the citizens of Bakers- field and reminded the Council of a similar incident that took place at the Teen Center on July 23, 1969, which was brought to the Council's attention at that time and ignored. Mr. Anthony stated that they expect the Council to move effectively and swiftly and if corrections are not made "the blood will not be on my hands and you won't be able to wash your hands like Pontius Pilot did with Jesus Christ." Reverend Ishmael Kimbrough, Jr., Pastor of the Peoples Missionary Baptist Church, 1525 Madison Street, stated they are present tonight to vehemently protest the utter blatant and totally irresponsible actions of the Policemen who took part in this tragic Bakersfield, California, November 23, 1977 - Page 3 transgression of personal dignity which was so graphically delineated tonight by the offended and concerned. Reverend Kimbrough further stated that they expect the Council to take all necessary and expeditious actions to eliminate the salient disregard to the basic intent of authority. Councilman Rogers stated that the Council has only heard one side of the story tonight and in order to render a fair recom- mendation or decision both sides must be heard and a lot of questions answered. Councilman Christensen stated that this Council has to take affirmative action and it is only fair that the Council hoar from the Police Chief and have everything documented and proven. After hearing that report maybe the Council should entertain an outside investigation because if the things brought forth tonight are true they can only lead to unlimited trouble in the future. If this group is wrong they should take the consequences and if the Police Department was wrong they should take the consequences. Councilman Barton stated that he wanted the group present tonight to know that he heard the message they were trying to put forth. Councilman Strong made a motion that by the Council Meeting of December 14, 1977, the staff provide the Council with a comprehensive and thorough examination and investigation of all segments of the incident at Bakersfield College on Saturday, November 12, 1977, including a recommendation of what they plan to do. This motion carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None Upon a motion by Councilman Strong a brief recess was called at 9:40 P.M., and the Council reconvened at 9:50 P.M. 354 Bakersfield, California, November 23, 1977 - Page 4 Stefan Reinke, Bakers£ield College Associated Student Body President, read a prepared statement endorsed by the student body, as follows: "The participation of the Associated Student Body in sponsoring the dance November 12, 1977, is consistent with past policy in conjunction with off-campus organizations who wish to use our facilities. The Associated Student Body is deeply concerned of the unfortunate and unnecessary incident at that dance as well as advert and inaccurate impressions the com- munity might have in regards to future student activities because of the degree of publicity for which it was received. The Associated Student Body would like to thank the City Council for taking the time to address this matter. We feel that this incident is not typical of activities sponsored by the students. However, because of this incident we feel the need to review the governing policies and regulations to public dances and student activities. Most importantly, the Associated Student Body is determined to take preventive measures in order that incidents of this nature will not exist on our campus. It is the position of student leadership that students must be in- formed of the truth in situations of this nature and we welcome this formal communication in hopes that the Council will take positive steps towards investigating this situation. However, we feel that the Bakersfield Police Department should continue their investigation and also this body in total cooperation with the administration of Bakersfield College. We would again offer the student leadership in this matter. I would like to conclude by stressing the fact that any solutions of a given problem at Bakersfield College will most effectively be derived in total cooperation and communication in accordance with the standards of the college that it is designed to perpetrate, an educa- tional purposes for all concerned." Mr. Reinke, speaking for himself and as a student of Bakersfield College, stated that the Associated Student Body did not come here to judge anyone and it makes him very happy to see the action taken by the Council. The students need to know the truth in this situation and he feels the Council will give them that. Bakersfield, California, November 23, 1977 - Page 5 355 Councilman Christensen stated that there are several members of the 2nd Ward who would like to speak against the closing of Fire Station No. 2, located at 716 East 21st Street, because it will greatly impair the protective ability of the Baker Street commercial and industrial area and adjoining territory, as well as increase their insurance rates. Mr. Richard Adams, President of the East Bakersfield Progressive Club and businessman on Baker Street, submitted a petition signed by 40 merchants on Baker Street and the surrounding area, protesting to the closing of Fire Station No. 2 because the new station would be on the other side of another set of railroad tracks and response time would not be adequate. The businesses on Baker Street are not large operators and if they should have a fire most persons would be wiped out. Fire Station No. 2 provides very adequate fire protection for this area. Mr. Richard Lemucchi, owner of Tejon and Granada Theaters, protested to the closing of Fire Station No. 2 for the same reasons stated by Mr. Adams. Mr. Wally Tucker, owner o£ Wally Tucker Datsun at Baker and 19th Streets, stated that Fire Station No. 2 is in an excellent location for the businesses in the area and protested its closing for a new station that would be located across a second set of railroad tracks. Mr. Tucker suggested that the Council not accept the Federal funds and leave the fire stations where they are now located. Mr. Robert O. McCoy, Robert O. McCoy Real Estate and representing A1 and Marjorie Lum owners of property located at the corner of Dolores & Miller Streets, stated this property can be acquired for the same price as other available property and it would be two or three or times more space than necessary for a fire station which could be resold to recoup some of the costs. Mr. Fred Shaffer, 1027 Baker Street, stated that they have had a fire and the Fire Department responded very quickly 356 Bakersfield, California, November 23, 1977 - Page 6 and their business was not completely destroyed. He further stated that no one in this area has commented in favor of changing the location of Fire Station No. 2 and he felt a more indepth study should be made. Councilman Christensen made a motion that Fire Station No. 2, located at 716 East 21st Street, be kept open. Councilman Sceales offered a substitute motion that Fire Stations No. 2 and 6 be left where they are and the funds be returned to the Federal Government. During discussion Councilman Ratty stated that the Council should be aware that next year a provision must be made to build a new fire station in the southwest. One of the reasons for recommending consolidation of Fire Stations No. 2 and 6 was to free a crew to man the new southwest station without having to hire additional personnel. Councilman Barton asked the City Manager, based on calls to Fresno and Washington, if it would be permitted to use the funds in other areas. City Manager Bergen quoted a sentence from the Public Works Director's memo dated November 21, 1977, as follows: "I was unable to get a firm commitment from EDA, however, I did get the impression that if there was just cause, EDA would give a time extension of a week or so but not a month or more. I was not given any hope that EDA would approve a new project." Mr. Bergen stressed that it is his and Public Works Director Hawley's opinion that the Federal Government would not approve a new project, however, it is recommended that the Council make the application for a new project. It is impossible to out- guess the Federal Government and the City should try to utilize these funds. Councilman Barton urged the Council to consider sub- mitting application for a new project rather than just arbitrarily letting the funds go back to the Federal Government. Bakersfield, California, November 23, 1977 - Page 7 357 Councilman Strong stated that the Fire Department has made a very worthwhile assessment of the needs in the area of Fire Station No. 6, located on the corner of King Street and Brundage Lane, which is on the very edge of the City. Tulare and Alpine Streets would make an ideal location for a new station because response times would be more effective. The owners of the site, Bakersfield Sandstone Brick Company, indicated it is available for purchase. Councilman Rogers suggested that this problem be given back to the expert, Chief Needham, and let him come back with a recommendation. Councilman Sceales' substitute motion that Fire Station No. 2 and 6 be left where they are and the funds be returned to the Federal Government, failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Rogers, Sceales Councilmen Barton, Christensen, Ratty, Strong None Councilman Christensen's motion that Fire Station No. 2, located at 716 East 21st Street, be kept open, carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Ratty, Strong Noes: Councilmen Medders, Rogers Absent: None Abstaining: Councilman Sceales Councilman Sceales abstained from voting because he has a business in East Bakersfield. Councilman Barton made a motion that the question of the use of the grant funds for a fire station be referred back to the staff for further study and recommendation as to where it should be spent. Councilman Strong made a substitute motion that the idea of the use of the grant money be referred to staff for study and 358 Bakersfield, California, November 23, 1977 - Page 8 recommendation, ment refuses to grant an extension or if they refuse to alternate uses that the staff proceed with the purchase located on the corner of Tulare and Alpine Streets; and authorized to move ahead with building of that new fire with the understanding that if the Federal Govern- allow of a site then be station with the understanding that upon its completion Fire Station No. 6 will be closed. This motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Strong Councilmen Barton, Medders, Ratty, Rogers, Sceales None City Manager Bergen stated that the staff would not be Upon communication from Warner Cable of Kern County, dated November 4, 1977, and Bakers- field Cable TV, Inc., dated November 16, 1977, requesting that cable television rates be deregulated in the City of Bakersfield, was received and referred to staff for report by December 21, 1977. Upon a motion by Councilman Sceales, communication from the Kern Chapter of the California Council of Civil Engineers and Correspondence. a motion by Councilman Rogers, able to recommend the purchase of a fire station site that close to another fire station, because it is not economical to have two sites that close together. The staff would recommend that the Council make application to expand the present projects, such as, street improvements, curbs and gutters, and storm drains. Councilman Barton's motion that the question of the use of the grant funds for a fire station be referred back to the staff for further study and recommendation as to where it should be spent, carried by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None Bakersfield, California, November 23, 1977 - Page 9 359 Land Surveyors, 2323 "E" Street, dated November 16, 1977, compli- menting the City of Bakersfield for contracting with local consultants for engineering and design functions and also thanking the Council for "trying Kern County first," was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from students of Carden School, dated November l, 1977, regarding street signs in the City of Bakersfield, was received and referred to staff for action. Upon a motion by Councilman Ratty, communication from the Downtown Business Association, dated November 21, 1977, appealing to the Council to take direct action to remove signs from a downtown hotel, was received and ordered placed on file. Councilman Christensen made a motion that action be taken on the Consent Calendar and Hearings, and then recess this meeting and take'~ction on the rest of the Agenda Monday, November 28, 1977 at 8:00 P.M. Councilman Rogers offered a substitute motion that the Consent Calendar and Hearings be acted upon first and then continue with the rest of the Agenda. This motion was approved. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 1936 to 2127, inclusive, in the amount of $209,973.78. (b) Claim for Damages from Sandra Bays and Joel D. Mack, M.D., dba "SHE," 15 Chester Avenue, Bakersfield. Refer to City Attorney) (c) Claim for Personal Injuries from John Gilbert Chavaria, 2305 Lomita Verde, Bakersfield. (Refer to City Attorney) (d) Planter Easement from Tenneco Realty Development Corporation for landscaping along north side of White Lane east of Wilson Road. (e) Map of Tract No. 3944 and Improvement Agreement for construction of improve- ments therein - located at northwest corner of Stine and Planz Roads. 360 Bakersfield, California, November 23, 1977 - Page 10 (f) (g) (h) (i) (J) (k) (i) (m) (n) (o) Map of Tract No. 3984 and Improvement Agreement for construction of improve- ments therein located west of McDonald Way and south of Belle Terrace. Improvement Agreement for Parcel Map No. 4255, as required by the Planning Com- mission, with Mary D. Maretich, Christopher Louis Maretich and Lori Ann Maretich. Improvement Agreement for Parcel Map No. 4342, as required by the Planning Com- mission, with Tenneco Realty Development Corporation. Notice of Completion and Acceptance of Work on water line in Grissom Street between District Boulevard and White Lane - Contract No. 77-143 with G. C. A. Drilling and Blasting. Application for Encroachment Permit from Ray Byers and Associates, Inc., 4601 Harris Road, for installation of sprinkler system and shrubbery behind sidewalk and in public right-of-way at northeast corner lot at New Stine Road and Harris Road. Application for Encroachment Permit from Joseph Bowerbank, 3700 Oro Vista Avenue, for construction of 4-foot high cedar fence (along side of lot) at back of existing sidewalk and in public right- of-way. Application for Encroachment Permit from Tejon Development Company, c/o Lusich, Patrick, Henderson, Mueller & Associates, Inc., 2323 "E" Street, for construction of 6-foot high concrete fence with planters along back of sidewalk and in public right-of-way along the Harris Road boundary of Tract No. 3891, Units A & B, near Stine Road. Application for Encroachment Permit from Carlos Lavarias, 602 Beech Street, for construction of 4-foot high chain link fence along the front and approximately 45' along the side and a 4-foot high wooden and chain link fence approximately 70' along side at back of existing side- walk and in public right-of-way. Plans and Specifications for Truxtun Ave. Extension, Phase 1A, between the City Corporation Yard and Police Pistol Range. Request from Warren F. Beck and Warren G. Brock for vacation of alley running east to west from Haley Street to Miller Street. (Refer to Planning Commission for study and recommendation) Bakersfield, California, November 23, 1977 - Page 361 (P) (q) Request from Watson Company, as an agent for Terraco, for vacation of property located on the west 11.25 feet of Drake Street between 24th Street and the center line of the now vacated 25th Street. (Refer to Planning Commission for study and recommendation) Minute Order setting December 14, 1977, as the date for hearing an Appeal by Ben D. Benton to the decision of the Board of Zoning Adjustment. Upon (d), (e), (f), and (q) of the roll call vote: Ayes: Councilmen Barton, Sceales Noes: None Absent: Councilman Strong a motion by Councilman Ratty, Items (a), (b), (c), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) Consent Calendar, were adopted by the following Christensen, Medders, Ratty, Rogers, Hearings. This is the time set for continued public hearing on application by the Planning Commission to amend the zoning boundaries from within freeway right-of-way to an M-1-D (Light Manufacturing - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield lying within State Route 99 Freeway and located on the northwest corner of Pierce Road and Rosedale Highway. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This hearing was continued at the meeting of November 9, 1977, at the request of Hilaire Ann Geraldine, Agent and Counsel for Mrs. Vera Geraldine and Mrs. Yvonne Costigan. This is an undeveloped parcel of approximately 2.3 acres lying within the freeway right-of-way and which the state wishes to sell when zoning is completed. All properties on the west side of Pierce Road are zoned M-1-D with a parking strip adjacent to the 362 Bakersfield, California, November 23, 1977 - Page 12 road. The State is retaining a parcel to the north of subject property to use as an equipment storage yard. The Planning Commission was of the opinion this M-1-D zoning would be a logical expansion of the existing zoning on the west side of Pierce Road, found it would not have a significant adverse effect on the environment, would be consistent with the Land Use Element of the General Plan and recommended approval. Vice-Mayor Medders declared the hearing open for public participation. Mr. Leroy Jackson, representing his wife Hilaire Ann Geraldine who is the Attorney for Mrs. Vera Geraldine and Mrs. Yvonne Costigan, stated that after talking with the City staff, who did not foresee any problems, it is requested that this property be zoned C-2-D rather than M-1-D. No protests or objections being received, Vice-Mayor Medders closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, Ordinance No. 2384 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of approxi- mately 2.3 acres lying within the right-of-way of State Route 99 Freeway on the northwest corner of Pierce Road and Rosedale Highway, finding the C-2-D zoning consistent with the General Plan, and the Negative Declaration, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Panama Lane No. 1," proposed to be annexed to the City of Bakersfield. Bakersfield, California, November 23, 1977 - Page 13 363 This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This is an uninhabited annexation containing 82.7 + acres of land located on the northeast corner of Stine Road and Panama Lane. Vice-Mayor Medders declared the hearing open for public participation. Mr. A1 Wheelan, representing the property owner, was present to answer questions of the Council. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 103-77 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "Panama Lane No. 1," proposed to be annexed to the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong Upon a motion by Councilman Sceales, Ordinance No. 2385 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Panama Lane No. 1," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong This is the time set for public hearing before the Council for hearing objections to include within the Greater Bakersfield Separation of Grade District certain territory desig- nated as "Panama Lane No. l" Annexation. 364 Bakersfield, California, November 23, 1977 - Page 14 This hearing has been duly advertised. Vice-Mayor Medders declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Resolution No. 104-77 annexing certain territory designated as "Panama Lane No. 1," to the Greater Bakersfield Separation of Grade District, was adopted by the following roll call vote Ayes: Councilmen Barton, Christensen Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong This is the time set for public hearing on application by Carl R. Moreland to amend the zoning boundaries from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling), to an R-2 (Limited Multiple Family Dwelling), to an R-3 (Limited Multiple Family Dw~ng), or more restrictive, Zones, affecting those certain properties in the City of Bakersfield located on the southeast corner of Stine Road and Pacheco Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This 56 acre parcel is undeveloped at this time; however, a tentative subdivision map has been filed which contains 203 residential lots. An environmental assessment was made and a Negative Declaration was advertised and posted on October 7, 1977. The Planning Commission was of the opinion these proposed zonings would be compatible with the adjacent properties and would be consistent with the Land Use Element of the General Plan. The Commission did recommend the application of the "D" Design Overlay to the R-2 and R-3 in order to ensure that future development would be compatible with the area. Bakersfield, California, November 23, 1977 - Page 15 365 The Planning Commission approved the Negative Declaration and recommended approval of the zonings as set forth above. Vice-Mayor Medders declared the hearing open for public participation. Mr. Bob Richwood, representing the applicant, was present to answer questions of the Council. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2386 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of Stine Road and Pacheco Road, finding R-l, R-2-D and R-3-D zonings consistent with the General Plan, and the Negative Declaration, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: Absent: None Councilman Strong This is the time set for public hearing on application Dickinson to amend the zoning boundaries from an R-1 by B. L. (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting those certain properties in the City of Bakersfield known as Lots 1 through 14, Tract No. 3868. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject 4.8 acre parcel of vacant land contains 14 lots covered by a tentative subdivision map, abuts Highland High School on the west and would be served by Panorama Drive and Fairfax Road shown on the General Plan as two major arterials. Staff determined the project would not have a significant adverse effect on the environment and a Negative Declaration was advertised and posted on October 21, 1977. 366 Bakersfield, California, November 23, 1977 - Page 16 illv ri~lilliil~ UUllUl~i551Ull W~ Ui Lll~ o on the requested zoning would be consistent with the Land Use Element of the General Plan. However, the Commission felt the "D" Design Overlay should be applied to ensure compatible development with the surrounding area. The Planning Commission approved the Negative Declaration and the R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone. Vice-Mayor Medders declared the hearing open for public participation. Mr. B. L. Dickinson, the applicant, was present to answer questions of the Council. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, Ordinance No. 2387 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 known as Lots 1 through 14, Tract 3868, finding the R-2-D zoning consistent with the General Plan, and the Negative Declaration, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong This is the time set for public hearing before the Council on an Appeal by Flavia C. Gamargo to the decision of the Board of Zoning Adjustment regarding her request for a Conditional Use Permit to permit the operation and maintenance of a Day Care Nursery for six (6) children in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 2817 St. Mary's Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Bakersfield, California, November 23, 1977 - Page 17 36'7 The Board of Zoning Adjustment considered Mrs. Gamargo's application and voted denial on her request based on the fact three property owners within the immediate vicinity, including her adjacent neighbor to the north, submitted letters expressing opposition. Mayor Hart declared the hearing open for public partici- pation. Mr. Robert Small, 2820 St. Mary's Street and representing two neighbors who submitted signed statements, stated they object to expanding this nursery to six children. Mrs. Flavia Gamargo requested that the Council grant the Conditional Use Permit because she has no intention of taking care of more than two additional children. No further protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Zoning Resolution No. 258 Denying Conditional Use Permit to permit the operation and maintenance of a Day Care Nursery for six (6) children on that certain property commonly known as 2817 St. Mary's Street, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: Councilman Strong Council Statements. Upon a motion by Councilman Rogers, Building Director Calvin Bidwell was appointed to the Board of Zoning Adjustment, term expiring December 1, 1978. This vacancy was created by the retirement of Philip White, Building Director. Reports. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 5-77 regarding Municipal Farm Lease, as follows: 368 Bakersfield, California, November 23, 1977 - Page 18 In 1973 the City entered into a lease agreement with the Garone Cattle Company for them to develop and farm 2,500 acres known as the ~uni- cipal Sewer Farm Property. The term of the lease was for six (6) years, commencing January l, 1974, and ending December 31, 1979. The lease also sets forth that the lease may be terminated upon one (1) year's written notice to lessee. Expansion and modifications of the new plant at the site of Sewer Plant #2 will take approxi- mately 500 acres of land out of production. The total construction project is expected to be substantially completed by December 31, 1978. At that time there will be approximately 5,200 acres to be managed. There are two facts which have been brought to the attention of this committee. The first is that because of the increase in size of the total acreage involved, this land should be put out for a new lease. This area is more than twice as large as the area currently under cultivation. Secondly, because of the water management effort necessary to handle up to 19 million gallons per day, it would be to the City's advantage to have one leaseholder for all the farmland. Because of these two factors, the lease with Garone Cattle Company should be terminated effective commencing January l, 1979. In order to do so, written notice must be given to Garone before December 31, 1977. This committee will come to the Council at a later date with recommendations for a new lease covering the entire site. It is therefore the recommendation of this committee that the Lease No. 73-57 with Garone Cattle Company be terminated effective December 31, 1978. Upon a motion by Councilman Rogers, Report No. 5-77 from the Water and City Growth Committee regarding Municipal Farm Lease, was accepted; and termination of Lease No. 73-57 with Garone Cattle Company, effective December 31, 1978, was approved. City Manager Bergen reported that in late 1976 the Insurance Services Offices (ISO) resurveyed the City and notice has been received regarding results of the regr~ding study which indicate that a regression from Class 2 to Class 3 has occurred, and unless substantial improvements are made the City will be regraded to a Class 3. Bakersfield, California, November 23, 1977 - Page 19 369 City Manager Bergen reported that a resolution will be placed on the Agenda of the next meeting changing the Council Meeting of December 28, 1977 to December 21, 1977. Action on Bids. Upon a motion by Councilman Ratty, low bid of Granite Construction Company for improvement of "Q" Street from Truxtun Avenue to Golden State Avenue, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, low bid of Micon Construction Company for construction of Sanitary Sewer Main in the Alley north of Ming Avenue 35' + east of the intersection of Fremont Street, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of G. C. A. Construction Company for construction of Storm Drain for the Corporation Yard Facility, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of Granite Construction Company for construction of Northwest Bakersfield Drain, Phase IV, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of McKee Electric for construction of tennis court lighting at Wilson and Beale Parks, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Ordinance No. 2388 New Series of the Council of the City of Bakersfield amending the Table of Sections of Chapter 14.40, amending Section 14.40.010 and adding Section 14.40.055 to the Municipal Code Prohibiting Sale of Fireworks to persons under the age of sixteen years. Upon a motion by Councilman Barton, Ordinance No. 2388 New Series of the Council of the City of Bakersfield amending the 37O Bakersfield, California, November 23, 1977 - Page 20 Table of Sections of Chapter 14.40, amending Section 14.40.010 and adding Section 14.40.055 to the Municipal Code Prohibiting Sale of Fireworks to persons under the age of sixteen years, was adopted by the following roll call vote: Ayes: Ratty, Rogers, Noes: Absent: Councilmen Barton, Christensen, Medders, Sceales None Councilman Strong Fire Station Site Acquisition. City Manager Bergen stated that the Council took action Director of Public Works, station locations. New Business. Approval of Agreement with Herbert P. Sears, Inc., for collection of various bills, accounts and claims emanating from the City. Upon a motion by Councilman Ratty, Agreement with Herbert P. Sears, Inc. for collection of various bills, accounts and claims emanating from the City, was approved and the Mayor was authorized to execute same. Councilman Rogers questioned the staff regarding enforce- ment of the Sign Ordinance in the City. City Manager Bergen stated the staff will come back to the Council with a report on the enforcement policy of the Sign Ordinance. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Barton,~ meeting was adjourned at 11:45 P.M. ~~~ MAY~ t~e City of Bakersfield, Calif. ATTEST: Z CITY io Clerk of the Council of the City of B~ersfield, California ma on this item earlier in the meeting. The record should show that memorandums were furnished to the Council from the Fire Chief and dated November 21, 1977, regarding fire Bakersfield, California, December 14, 1977 371 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., December 14, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Bishop Charles Call of the Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Absent: None Minutes of the regular meeting of November 23, 1977, were approved as presented. Mayor Hart announced that the public hearing on appli- cation by William H. Rogers to amend 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 south of Highway 178 and east of the Bakersfield Country Club, will be continued until Wednesday, January 11, 1978. Scheduled Public Statements. Mr. H. A. Jensen, Jensen International, Inc., 4117 Rosedale Highway, stated that they were second lowest bidder on two Cab and Chassis for the Public Works Department. Mr. Jensen requested that the Council award the bid to Jensen International because the low bidder, Ray Gaskin Service, is an out of town dealer, his local dealership would have to honor the warranties and there was only $66.00 difference in the two bids. However, he wanted to assure the Council they would do everything possible to make sure the trucks do a good job for the City, no matter who the bid is awarded to. Correspondence. Upon a motion by Councilman Ratty, communication from Mayor Donald E. Conley of California City, dated November 21, 1977, 372 Bakersfield, California, December 14, 1977 - Page 2 requesting a resolution petitioning the legislature to in restructuring specific elements as outlined in his enclosed letter, placed on file. Upon A. C. Hutchins, act swiftly of the criminal justice system was received and ordered a motion by Councilman Sceales, communication from 2808 Summit Circle, dated December 1, 1977, regarding no parking areas on 19th and 21st Street at Oak Street, was received and referred to the administrative staff for investi- gation and action. Upon a motion by Councilman Medders, communication from the Kern Mosquito Abatement District, dated December l, 1977, regarding expiration of George H. Barnett, Sr's. term as a member of the Kern Mosquito Abatement District Board of Trustees, was received and the City Clerk was directed to place on Agenda the first meeting of January, 1978. Council Statements. Upon a motion by Councilman Barton petition from 240 parents of children attending Planz School requesting that crossing guard protection be provided at Planz School and McCourry Street, was received and ordered placed on file. Councilman Barton stated he had discussed this matter with the Public Works Department and Traffic Engineer. They have conducted a study of the situation and it meets the warrants to establish a School Crossing Guard at this intersection. Councilman Barton made a motion that if a School Crossing Guard is available from another location that he be assigned to the Planz Road and McCourry Street intersection; and if this is not feasible then adequate funds be allocated to assign a School Crossing Guard at the beginning of the session immediately following Christmas vacation. Public Works Director Hawley summarized a memorandum from Traffic Engineer Jerry Hahs, dated November 21, 1977, regarding School Crossing studies. Bakersfield, California, December 14, 1977 - Page 3 373 Councilman Sceales stated that this matter should be resolved by the next meeting and requested that Councilman Barton withdraw his motion until that time. Councilman Barton stated that he would withdraw his motion if there is an assurance from the staff that this item will be resolved and the staff have a recommendation available at the Council Meeting of December 21, 1977 regarding funds for a School Crossing Guard at the intersection of Planz Road and McCourry Street. City Manager Bergen assured Councilman Barton that it will be on the agenda for the next meeting with a copy of the report. Councilman Sceales made a motion that the ordinance setting dates of Council ~eetings be amended and the Council revert back to meeting each week on Monday nights. Councilman Rogers offered a substitute motion that the Council go on record in support of the existing ordinance that states the Council shall meet on Wednesday nights of each week. Councilman Christensen requested that if the Council votes to meet on Wednesday nights that the Council packets be delivered on Friday nights rather than Monday nights to give the Council more time to study the enclosed material. Councilman Rogers' substitute motion that the Council go on record in support of the existing ordinance that states the Council shall meet on Wednesday nights of each week, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Ratty, Rogers, Strong, Barton Councilmen ~edders, Sceales None Reports. Councilman Christensen, Chairman Recreation Committee, read Report No. 8-77 as follows: of the Auditorium- regarding Candy Prices, 374 Bakersfield, California, December 14, 1977 - Page 4 The Council Auditorium-Recreation Committee recently met to consider a request from the City's Concessioners to increase candy prices. Currently the price charged is 25~ and the Concessioner indicates that he loses l~ on each candy bar sold. The request is for an increase from 25~ to 35~. The Citizens Auditorium-Recreation Committee has recommended approval of this request. This Committee recommends approval of the price increase on candy only from 25~ to 35~ effective January l, 1978. Upon a motion by Councilman Christensen, Report No. 8-77 from the Auditorium-Recreation Committee regarding Candy Prices, was accepted; and price increase on candy (only) from 25~ to 35~ effective January 1, 1978, was approved. Upon a motion by Councilman Medders, Public Works Director Dale Hawley was reappointed to the Board of Zoning Adjustment and Assistant Public Works Director Edgar W. Schulz was reappointed as the Public Works Director's alternate to the Board of Zoning Adjustment, terms expiring December 1, 1980. Councilman Christensen read Report No. 7-77 of the Auditorium-Recreation Committee, as prepared by the staff, regarding Auditorium Marquee, as follows: Since the Civic Auditorium was constructed, there has been a vandalism problem with the marquee. This problem has now reached the point that the City must spend $400 - $500 per year for replacement of letters. This annual expense can be substantially reduced by the addition of a clear, unbreakable lens, or cover, over the entire front surface of the marqueee. This cover could be locked. There has only been minimal identification of the Civic Auditorium. Recently there has been confusion over identifying the Civic Auditorium and Civic Center. More building identification can be obtained by adding a new top strip to the existing marquee. It would have the words "Civic Auditorium" in cut-out letters, back lighted for nighttime visibility. All of these modifications can be made for $1700. It is the recommendation of this Committee that the marquee modifications be approved and that Bakersfield, California, December 14, 1977 - Page 5 375 $1700 be transferred from the Council Contingency Fund to the appropriate Auditorium account. Councilman Christensen stated that he read this report as an example of a distortion of facts because it is vague and ambiguous, and then outlined the background for this request. Councilman Christensen then read Report No. 7-77 of the Auditorium-Recreation Committee, as amended, regarding Auditorium Name-Plate, as follows: Since the Civic Auditorium was constructed there has been no visible identification of this complex causing confusion over identification. Citizens of the Second Ward contacted their Councilman complaining of this oversight. In turn, Staff Members were made aware of this problem. Mr. Francis Parsons, one of the original architects of the building, was contacted and he consented to pursue the problem. The resultant recommendation was to place an 18" panel over the present marquee housing 10" cut out letters, "CIVIC AUDITORIUM," back lighted for nighttime visibility. The Staff as well as this committee agreed this was an adequate solution to the problem. This can be done for $1,000. It is the recommendation of this Committee that $1,000 be transferred from the Council Contin- gency Fund to the appropriate Auditorium account. Councilman Christensen made a motion that Report No. 7-77 of the Auditorium-Recreation Committee regarding Auditorium Name-Plate, be accepted; and Budget Transfer from the Council Contingency Fund to appropriate Auditorium account in the amount of $1,000.00, be approved. Councilman Medders stated that he understood that $1,000.00 was being allocated for the sign and $700.00 for the cover. Auditorium Manager Graviss stated that maybe he did not make it clear to Councilman Christensen that the sign would cost $1,000.00 and the cover $700.00. He made the recommendation to Assistant City Manager Buell, who wrote the report, that the amount be set at $1,700.00 to cover the cost of these items. 376 Bakersfield, California, December 14, 1977 - Page 6 Councilman Christensen's amended motion that Report No. 7-77 of the Auditorium-Recreation Committee regarding Auditorium Name-Plate, be accepted; and Budget Transfer from the Council Contingency Fund to the appropriate Auditorium account in the amount of $1,700.00, be approved, was unanimously approved. City Manager Bergen read a report 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 approximately $155,000 of these funds in a trust account. Of this, $96,600 was received on July 11, 1977 and the remaining amount on October 11, 1977. The regulations require these funds be appropriated, obligated, or actually spent within six months from receipt. Various alternatives for the use of these funds have been investigated. However, staff recently became aware of the need for additional funds within the operating budgets of several depart- ments which would normally require a transfer from the Council's contingency account before the end of the fiscal year, i.e. electric power bills for street lights, $80,000; and Civic Auditorium, $40,000. These needs would meet the eligibility requirements of the Act, and we would recommend the use of these funds for these needs. However, it is necessary that a hearing be held by the end of this month to meet the Act's time requirements, at which time the use of these funds can be determined by the Council. Upon a motion by Councilman Rogers, report from the City Manager regarding Antirecessionary Funds, was accepted; the report was referred to the Budget Review and Finance Committee for study and recommendation; and Wednesday, December 21, 1977, at 8:00 P.M., in the Council Chambers of City Hall was the time and place set for hearing at which time the use of the funds can be determined by the Council. City Manager Bergen stated that the report requested by the City Council at the November 23rd meeting of the incident at the College Dance November 12th was completed late last night, Bakersfield, California, December 14, 1977 - Page 7 377 about 10:30 P.M. The report was complicated by several factors; (1) the amount of basic information available with the need to contact other parties; and (2) the time element to complete was rather short, when you consider other entities that the City of Bakersfield does not have control over were involved. The last interview took place last Friday and we were still unable to inter- view one person and have not received a written statement from another party. In addition, some written reports are still not available; for example, a polygraph examination given by the Attorney General's office last Thursday, although the conclusions were given to us verbally. However, Monday (when the Agenda was prepared) we felt that sufficient information, statements and facts were available to prepare a report in accordance with the Council's request. It was on that basis that I put it on the Agenda, which conforms to the Council's request. It might be added at this time that there are 164 pages of Police Reports that were prepared by various officers and 45 hours of interviews on tape. The report submitted should adequately cover the questions that arose out of the incident or at least as to the City's involw~- ment. The areas of School District responsibilit~ or responsibility of some persons attending the dance, is not covered in the report except as it directly affects the City Police Department. I have had numerous meetings and conferences with Chief Price in the course of this investigation and I believe the report represents an open, candid appraisal of the Police Department's conduct in this incident; at least with the information that was available at this time. I would invite any Councilman (after you read the report and have had sufficient time to digest it and discuss it with your constituents) to avail yourselves of any or all of the background material (reports, tape recordings) that have been prepared as a result of this investigation of the invident. Finally, the report itself does not require any specific action from the Council and I would be happy to answer any questions. 378 Bakersfield, California, December 14, 1977 - Page 8 Assistant City Clerk Anderson read the report from the Chief of Police, dated December 13, 1977 entitled "Investigation of College Incident November 12, 1977." The report was in two parts; the first being a sequential enumeration of the events; and the second being a response to specific charges brought before the Council. Mr. Robert J. Reader, Instructor at Bakersfield College who was in charge of the dance, presented the Council with and read a lengthy statement entitled "The Saturday and Sunday, November 12 and 13, Police versus Citizens Confrontation at and near the Bakersfield College Campus Center," dated December 14, 1977. Adoption of Resolution No. 105-77 of the Council of the City of Bakers- field setting forth its position on obedience to laws. After a lengthy discussion, Councilman Strong made a motion that the following resolution be adopted: Resolve that it is the policy of the Bakers- field City Council to vigorously oppose any excessive use of force by any Bakersfield Police Officer, and that each Officer at all times act within the scope of his authority. It is also the policy of this Council that citizens be allowed their God-given right of peaceful assembly, but at the same time obey all laws of this City and this State. Our adherence to these policies causes us to direct the City Manager to report back to the Council at our second meeting in January all of the steps that have been taken which are reasonable, appropriate, and fair to resolve this matter. I urge the support of this resolution by the Mayor and each Council member. Respectfully submitted, Vernon D. Strong Councilman Rogers asked the City Attorney if it was proper for the City Council to take this type of action, regarding the Bakersfield College incident, before all pending trials and litigations are settled in a court of law. Bakersfield, California, December 14, 1977 - Page 9 379 City Attorney Hoagland stated that, generally speaking, it would not be proper; however, in relationship to the resolution there is nothing contained therein that could not be adopted with some changes in wording. For example, the last three words in the second paragraph "resolve this matter" would be more appropriate if it was changed to "accomplish the above." Councilman Rogers requested that Councilman Strong defer action on this resolution until the Council has had time to study it as some of the wording does not appear it has not yet been decided in a court of force was used or not. to be appropriate because law whether excessive Councilman Strong stated the City Attorney has assured the Council that there is nothing wrong with adopting this resolution. Councilman Strong also assured the Council that there is no hidden meaning in the resolution, you either oppose the use of excessive force or you don't. All this resolution states is that the Council is taking a position against irresponsible acts of this nature. Councilman Strong's motion that Resolution No. 105-77 of the Council of the City of Bakersfield setting forth its position on obedience to laws, deleting the last three words in the last paragraph "resolve this matter" and adding the words "accomplish the above," be adopted, carried by the Ayes: Councilmen Christensen, Ratty, Noes: Councilmen Medders, Rogers Absent: None following roll call vote: Sceales, Strong, Barton Councilman Medders in clarifying his negative vote stated he could support the first paragraph but not the second. Councilman Rogers in clarifying his negative vote stated that Councilman Strong has stated that all this resolution states is that the Council is against irresponsible acts and then has added "resolve this matter." Meaning this incident, which is concluding that it was an irresponsible act; that has not been proved in a 380 Bakersfield, California, December 14, 1977 - Page l0 court of law. If Councilman Strong would have asked for support of a resolution against irresponsible acts, I would have been happy to support it, but some of the phraseology still bothers me even with the change suggested by the City Attorney. In its present form I cannot support it. Mayor Hart declared a brief recess at ll:15 P.M. and the Council reconvened at 11:20 P.M. Consent Calendar. The following items were listed on the Consent Calendar: (a~) Allowance of Claims Nos. 2128 to 2444, inclusive, in the amount of $706,997.62. (b) Claim for Damages from Joe Melendez and Sandra Melendez on behalf of Shelley Melendez, 1306 Chester Avenue, Bakers- field. (Refer to City Attorney) (c) Claim for Personal Injuries from Ray Louis Burgemaster, 1009 - 33rd Street, Bakers- field. (Refer to City Attorney) (d) Claim for Damages from William Carl Williams, Kern County Jail, Bakersfield. (Refer to City Attorney) (e) Street Easements from California Water Service Company for Pacheco Road and Akers Road as required by the Planning Commission for Parcel Map No. 4321. (f) Irrigation Pipeline Easement from City of Bakersfield to Jessup Farms located south of Panama Lane approximately one mile west of Fairfax Road. Part of settlement agreement with Jessup Farms for pipeline and road dedication the City purchased from their firm. (g) Map of Tract No. 3892 Unit A and Improve- ment Agreement for construction of improve- ments therein located south of Freeway 178 and east of Oswell Street. (h) Improvement Agreement for Parcel Map No. 4421 with Tenneco Realty Development Corporation, as required by the Planning Commission. (i) Notice of Completion and Acceptance of Work under Parcel Map No. 3535 - Contract No. 76-i13 with Maurice St. Clair and M. Frank St. Clair. (J) Notice of Completion and Acceptance of Work on Street Improvements under Tract No. 3764 - Contract No. 77-14 with The Development Groupe. Bakersfield, California, December 14, 1977 - Page ll 381 (k) (i) (m) (n) (o) (P) (q) (r) (s) Notice of Completion and Acceptance of Work under Parcel Map No. 4026 - Contract No. 77-47 with Elmer F. Karpe, Inc. Notice of Completion and Acceptance of Work under Parcel Map No. 4041 with Rickett, Ward and Delmarter. Application for Encroachment Permit from Mr. Harry F. Smith, Harry F. Smith Construction Company, 4312 Camden Street, for construction of concrete block retaining wall 40-inches high at back of sidewalk and in public right-of-way on the Coronado Avenue side of the north- west corner lot at Coronado Avenue and Pinot Noir Way. Application for Encroachment Permit from Mr. Jim Burke, Jim Burke Ford, 2001 Oak Street, for construction of paint shop doors that encroach into the public right- of-way between curb and property line on 21st Street which doors are opened for ingress and egress of vehicles. Plans and Specifications for construction of Curbs and Gutters, Paving and Street Improvements on various streets in the Sunset-Mayflower District, bounded by California Avenue on the north, Lakeview Avenue on the west and the Southern Pacific Railroad on the south and east. Plans and Specifications for construction of Storm Drains in 2rid and 4th Streets between "V" and "T" Streets, "V" Street between 2nd and 4th Streets and Hayes Street between Brundage Lane and 3rd Street. Economic Development Adminis- tration Project No. 07-51-27067, Phase II. Plans and Specifications for construction of Storm Drains in "K" Street between 32nd and 34th Streets, 31st Street between "Q" Street and Panama Street and "V" Street between 2nd Street and Brundage Lane. A Community Development Block Grant project. Request from Century 21, Gibson, Inc., for annexation of property located on north side of Panama Lane east of South "H" Street, containing 17.84 acres of land. (Refer to Planning Commission for study and recommendation) Request from the Church of Religious Science for annexation of property located west of Manor Street, south of Roberts Lane and north of the Kern River, containing 15.88 acres of land. (Refer to Planning Commission for study and recommendation) Bakersfield, California, December 14, 1977 - Page 12 (t) Request from Dave Demeter for annexation of property located on the southern most side of Pacheco Road, eastern most side of Hughes Lane and bounded on the north by the Southern Pacific Railroad, con- taining 20.95 acres of land. (Refer to Planning Commission for study and recom- mendation) (u) Resolution No. 106-77 of the Council of the City of Bakersfield fixing Wednesday, January 25, 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 "Terrace Way No. 3," proposed to be annexed to the City of Bakersfield. (v) Resolution No. 107-77 of the Council of the City of Bakersfield fixing Wednesday, January 25, 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 "Wible No. 2," proposed to be annexed to the City of Bakersfield. (w) Resolution of Intention No. 108-77 to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Wible No. 2," and setting Wednesday, January 25, 1978 in the Council Chambers of City Hall as the time and place for hearing objections to the inclusion of said territory within said District. (x) Resolution of Intention No. 923 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of 33rd Street between Jewett Avenue and "K" Street in the City of Bakersfield and setting Wednesday, January ll, 1978 for hearing on the matter before the Council. (d), (e), (q), (r), were adopted by Upon a motion by Councilman Ratty, Items (a), (b), (c), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (s), (t), (u), (v), (w) and (x) of the Consent Calendar, the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Bakersfield, California, December 14, 1977 - Page 13 383 Action on Bids. Upon a motion by Councilman Sceales, low bid of Three Way Chevrolet for one Smoothside Pickup Truck, was accepted and the other bid rejected. City Manager Bergen stated that due to Mr. H. A. Jensen's inquiry into the award of bid on Cab and Chassis for the Public Works Department (2 each), he would suggest that action be deferred. Upon a motion by Councilman Barton the Hearings are to be acted upon first and then continue with the rest of the Agenda. Hearings. This is the time set for public hearing before the Council on an Appeal by Ben D. Benton to the decision of the Board of Zoning Adjustment regarding his application for Modification of a C-2 Commercial) Zone to allow the elimination of the required 54 off-street parking spaces for retail sales and lunch room on that certain property commonly known as 1400 17th Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The Board of Zoning Adjustment considered and denied the modification request by Mr. Benton based on the fact the Bank of America parking structure has reached its capacity and now has a waiting list for spaces; there is an increased demand for parking spaces in the area since new businesses are in operation, the occupancy factor of the Bank of America building and Haberfelde Building, and the fact this sizable reduction in required parking would compound the already critical need for parking in the area. A letter and testimony were received at the Board of Zoning Adjustment hearing from Mr. Anthony E. Wells, general partner of Haberfelde Building, Ltd., opposing waiver of 54 off- street parking spaces. Mayor Hart declared the hearing open for public partici- pation. 384 Bak~rs£ield, California, December 14, 1977 - Page 14 Mr. Everett C. Murray, representing Mr. Ben D. Benton, read a prepared statement requesting that the modification be approved and outlined the plans for the building which would be transformed from an eyesore into a modern structure that would be a credit to the appearance of downtown Bakersfield. Mr. Roger Marshall, owner of Press Building at 19th and "K" Streets and associated with an architectural firm in San Luis Obispo, spoke in favor of the modification. Mr. Tony Wells, General Partner in the Haberfelde Building, objected to the modification because it will cause additional parking problems in this area. He did not object to the structure being renovated. No further protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Mr. Ben D. Benton requested that the modification be granted. Upon a motion by Councilman Ratty, the matter of the Appeal by Ben D. Benton to the decision of the Board of Zoning Adjustment regarding his application for a Modification of a C-2 (Commercial) Zone to allow the elimination of the required 54 off- street parking spaces for retail sales and lunch room on that certain property commonly known as 1400 - 17th Street, was referred to the Business Development and Parking Committee for study and report back to the Counci~ at the meeting of December 21, 1977. This is the time set for continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Union No. 7," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This hearing was continued at the Council Meeting of October 26, 1977. Bakersfield, California, December 14, 1977 - Page 15 385 This is an uninhabited annexation containing 11.61 + acres of land located west of South Union Avenue between Pacheco Road and Fairview Road. Upon a motion by Councilman Medders, public hearing before the Council for hearing protests by persons owning real property within territory designated as "Union No. 7," proposed to be annexed to the City of Bakersfield, was continued until Wednesday, March 22, 1978 at 8:00 P.M. in the Council Chambers of City Hall. The public hearing on application by William H. Rogers to amend 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 south of Highway 178 and east of Bakersfield Country Club, was continued until Wednesday, January ll, 1978 at 8:00 P.M., in the Council Chambers of City Hall. This is the time set for public hearing on application by John A. Marshall to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 2515 Church Avenue. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property is improved with a church and related facilities at this time. It is the church's intention to enlarge the sanctuary from 120 to 150 seats. Changing the zoning to R-1-CH will allow modifications to the site without application for Conditional Use Permit. The staff made an environmental assessment and advertised and posted a Negative Declaration on November 4, 1977. 386 Bakers£ield, California, December 14, 1977 - Page 16 The Planning Commission approved and adopted the Negative Declaration and the R-1-CH (One Family Dwelling - Church) Zone, as requested and advertised. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, Ordinance No. 2389 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 2515 Church Avenue, finding the R-1-CH zoning consistent with the General Plan, and the Negative Declaration, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None This is the time set for public hearing before the Council of the City of Bakersfield on the initiated action of the Planning Commission to Zone Upon Annexation to an R-S (Residential Suburban), an R-1 (One Family Dw~ng), Family Dwelling - Architectural Design), Family Dw~ng - Architectural Design), an R-2-D (Limited Multiple an R-3-D (Limited Multiple and an MH (Mobilehome), or more restrictive, Zones, affecting those certain properties in the County of Kern located on the northeast corner of Stine Road and Panama Lane, known as Panama Lane No. i Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This annexation covers approximately 83 acres of un- developed land bounded on the west by Stine Road and on the south by Panama Lane. These streets are depicted as major arterials on the Bakersfield General Plan. Bakersfield, California, December 14, 1977 - Page 387 Several property owners appeared at the Planning Com- mission hearing and were concerned with the R-1 zoning. They felt the R-1 would be in conflict with the existing R-S. A street bisecting the R-S and R-1 is proposed to serve as a buffer. An environmental assessment was made by the staff and a Negative Declaration was advertised and posted on November l, 1977. The Planning Commission approved and adopted the Negative Declaration, recommended R-S, R-i, R-2-D, R-3-D and MH zoning as advertised and found these zonings would be consistent with the Bakersfield General Plan. Mayor Hart declared the hearing open for public partici- pation. Mr. A1 Wheelan, applicant for original annexation, was present to answer questions of the Council. Mr. Gerald Perkins, representing most of the property owners just north of this 83 acres, stated that they would like the entire area zoned R-S, half acre lots, so there will not be conflict with the keeping of animals. No further protests or objections being received and no one else wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2390 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield, regarding property known as "Panama Lane No. 1" Annexation, finding said zonings consistent with the General Plan, and the Negative Declaration, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Strong, Barton Noes: None Absent: None 388 Bakersfield, California, December 14, 1977 - Page 18 Action on Bids. (Continued) Upon a motion by Councilman Medders, all bids for Storm Drain System on "L" Street and Vernal Place between 4th Street and Route 58, were rejected as being excessive and the Finance Director was authorized to readvertise for bids. (NOTE: The next eleven items were voted upon in one motion by the Council) Upon a motion by Councilman Rogers, low bid of Granite Construction Company for resurfacing portions of Baker Street, California Avenue, 4th Street, Lakeview Avenue and "P" Street, E.D.A. Project No. 07-51-27066, Phase I, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, low bid of S. Salomon Pipeline Company for construction of Curbs and Gutters in the Mayflower-Sunset District, E.D.A. Project No. 07-51-22588, Phase I, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, low bid of Micon Construction Company for Storm Drain System in "N" Street and 4th Street between "L" Street and California Avenue, E.D.A. Project No. 07-51-27067, Phase I, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, bid of Kern Turf Supply for Annual Contract for P.V.C. Pipe and Sprinkler Supplies for City Parks Department (A.C.B. 12178), was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, low bid of Service Paper Products for Annual Contract No. 10678 for Cut Paper Stock (32 items), was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, bid of Jim Alfter for Annual Contract No. 16178 for Canal Liner Repair, was accepted and the Mayor was authorized to execute the contract. Bakersfield, California, December 14, 1977 - Page 19 389 Upon a motion by Councilman Rogers, low bid of Bakers- field Chrysler Plymouth for Police Special Four Door Sedans (four each), was accepted and all other bids rejected. Upon a motion by Councilman Rogers, low bid of Jim Burke Ford for Four Door Sedans (two each), was accepted and the other bid rejected. Upon a motion by Councilman Rogers, low bid of Wally Tucker Datsun for Lightweight Pickup Trucks (six each), was accepted and all other bids rejected. Upon a motion by Councilman Rogers, low bid of Valley Equipment Company for various pieces of Shop Equipment for New Corporation Yard, was accepted and all other bids rejected. Upon a motion by Councilman Rogers, low bid of Chester Avenue Brake Company for Brake Equipment for New Corporation Yard, was accepted and all other bids rejected. Upon a motion by Councilman Medders, the one bid received from RLW Equipment for Weaver Shop Equipment for New Corporation Yard, was rejected as being incomplete and the Finance Director was authorized to readvertise for bids. Upon a motion by Councilman Sceales, the one bid received from RLW Equipment for Underground Fuel Tanks (three each), was rejected as being invalid and the Finance Director was authorized to readvertise for bids. New Business. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 1.86 to Title 1, repealing Subsection (d) of Section 13.04.120 of Chapter 13.04, amending Section 13.28.110 of Chapter 13.28, concerning creation of Housing Advisory Finance and Appeals Board, setting forth powers and duties thereof. State law requires the existence of a Board to hear appeals on relocation (housing and business) when the Agency is acquiring property. The Redevelopment Agency has requested the 390 Bakersfield, California, December 14, 1977 - Page 20 creation of a Housing Advisory Finance and Appeals Board, and this is concurred with by the Agency's Special Legal Counsel. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 1.86 to Title 1, repealing Subsection (d) of Section i3.04.120 of Chapter 13.04, amending Section 13.28.110 of Chapter 13.28, concerning creation of Housing Advisory Finance and Appeals Board, setting forth powers and duties thereof. Adoption of Ordinance No. 2391 New Series approvin~ annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "College No. 2," and providing for the taxation of said territory to pay the bonded indebted- ness of said City. This and no hearing annexation. is uninhabited territory known as "College No. 2," was necessary since there was 100% consent to this following roll Ayes Noes Absent: call vote: Councilmen Christensen, Medders, Strong, Barton None None Adoption of Resolution No. 109-77 of the Council of the City of Bakers- field in the matter of regulation of Smoking in Council Chambers while City Council is in session and in Elevator located in City Hall. This resolution provides limitations on smoking in certain areas within City Hall, as requested by the their meeting of September 21, 1977. Ratty, Rogers, Sceales, Council in Upon a motion by Councilman Ratty, Ordinance No. 2391 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "College No. 2," and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the Bakersfield, California, December 14, 1977 - Page 21 391 Dr. Royce Johnson, Chairman of the Interagency Council on Smoking and Health, stated they had hoped for a broader resolution but thanked the Council for the one to be adopted tonight. Upon a motion by Councilman Medders, Resolution No. 109-77 of the Council of the City of Bakersfield in the matter of regulation of Smoking in Council Chambers while City Council is in session and in Elevator located in City Hall, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Menders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Resolution No. 110-77 of the Council of the City of Bakers- field providing for the consolidation of City of Bakersfield Annexation Election with the Kern Union High School Revenue Limit Increase Election to be held on Tuesday, March 7, 1978. Upon a motion by Councilman Sceales, Resolution No. 110-77 of the Council of the City of Bakersfield providing for the consolidation of City of Bakersfield Annexation Election with the Kern Union High School Revenue Limit Increase Election to be held on Tuesday, March 7, 1978, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Resolution No. 111-77 of the Council of the City of Bakers- field amending Section 6 of Resolution No. 92-77, providing for Voting Pre- cincts, Polling Places and Officers of Election for Special Election for Annexation of Kern City. This resolution establishes two precincts for voting purposes in the Kern City Annexation Election. Originally only one precinct was planned, but due to consolidation of the election 392 Bakersfield, California, December 14, 1977 - Page 22 with the High School Election two precincts are required. Upon a motion by Councilman Sceales, Resolution No. 111-77 of the Council of the City of Bakersfield amending Section 6 of Resolution No. 92-77, providing for Voting Precincts, Polling Places and Officers of Election for Special Election for Annexa- tion of Kern City, was adopted by the following roll call vote: Ayes Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes None Absent: Councilman Strong Adoption of Resolution No. 112-77 of the Council of the City of Bakers- field changing a Council Meeting in the month of December, 1977. Upon a motion by Councilman Medders, Resolution No. 112-77 of the Council of the City of Bakersfield changing a Council[ Meeting in the month of December, 1977, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: Councilman Strong Adoption of Resolution No. 113-77 of the Council of the City of Bakers- field consenting to a Joint Public Hearing on the initial Environmental Study, proposed Lease of property, and Joint Development Agreement for a proposed Hotel in the Downtown Bakersfield Redevelopment Project; authorizing the establishment of a date therefor; and publication of Notice of Joint Public Hearing. Upon a motion by Councilman Medders, Resolution No. 113-77 of the Council of the City of Bakersfield consenting to a Joint Public Hearing on the initial Environmental Study, proposed Lease of property, and Joint Development Agreement for a proposed Hotel in the Downtown Bakersfield Redevelopment Project; authorizing the establishment of a date therefor; and publication of Notice of Bakersfield, California, December 14, 1977 - Page 23 393 Joint Public Hearing, Ayes: was adopted by the following roll Councilmen Christensen, Medders, Ratty, Rogers, Barton call vote: Sceales, Noes: None Absent: Councilman Strong Approval of Local Agency~State Master Agreement and Program Supplement No. 1 for Railroad Crossing Protection at Baker Street and A. T. & S. F. R. R. Upon a motion by Councilman Medders, Local Agency-State Master Agreement and Program Supplement No. i for Railroad Crossing Protection at Baker Street and A. T. & S. F. R. R., was approved and the Mayor was authorized to execute same. Approval of Assignment of Lease of City owned property located on Sec- tion 27, T31S, R28E, M.D.B. & M., from Strike Ten Corporation to Calplans Agricultural Fund. Upon a motion by Councilman Medders, Assignment of Lease of City owned property located on Section 27, T31S, R28E, M.D. B. & M., from Strike Ten Corporation to Calplans Agricultural Fund, was approved and the Mayor was authorized to execute same. Approval of Installation and Service Agreement with Alarmex to install and rent Fire Alarm Systems for the City Hall and California Neighbor- hood Facility. Upon a motion by Councilman Ratty, Installation and Service Agreement with Alarmex to install and rent Fire Alarm Systems for the City Hall and California Neighborhood Facility, was approved and the Mayor was authorized to execute same. Approval of Lease of City property located at 1510 "H" Street to Griff's Auto Polish (Jim Griffith) for three years. Upon a motion by Councilman Ratty, Lease of City property located at 1510 "H" Street to Griff's Auto Polish (Jim Griffith) for three years, was approved and the Mayor was authorized to execute same. 394 Bakersfield, California, December 14, 1977 - Page 24 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 12:10 A.M. City of Bakersfield, Calif. ATTEST: ma Bakersfield, California, December 21, 1977 395 Minutes of a Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 7:00 P.M., December 21, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance. The City Clerk called the roll of the Council, as follows: Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Absent: None The Agency Secretary called the roll of the Agency, as follows: Present: Agency Members Casper, Foth, Lewis, Mooneyham, Poehner Absent: Agency Members King, Puder City Manager and Executive Director of the Redevelopment Agency Bergen stated that Special Counsel for the Redevelopment Agency Eugene Jacobs and the Developer were unable to attend the meeting tonight because of conditions on the Ridge Route. Mr. Jacobs prepared the agreement that is being considered and he recommends that the City Council and Redevelopment Agency approve it. Mr. Jacobs has informed the staff that the developer is unable to move ahead with preliminary plans, financing, commitments, etc., until the agreement is entered into. The agreement outlines and defines the basis by which a hotel can be built; it does not guarantee that it will be built. The agreement does not require the City to do something it is unable to perform. For example, Redevelopment Agency bonds may not be saleable at that particular time. Perhaps the project is not as economical as the developer thought in the beginning and the bonds would not sell. It would not result in a liability for the City. It does assure the developer that the City's intent is to move ahead with the project. If any serious questions develop tonight the hearing could be continued until January 4, 1978. It is the staff's and Mr. Jacobs' hope 396 Bakersfield, California, December 21, 1977 - Page 2 that the Council and Redevelopment possible. MAYOR HART: This is the Agency move ahead as early as time set for the joint public hearing of the City Council and the Redevelopment Agency, called for the purpose of considering the proposed leased land as pro- vided for in the Proposed Joint Development Agreement between the has Redevelopment Agency and Metro Plaza, Inc. Metro Plaza, Inc. proposed to build a 354-room hotel across from the Convention Center. The documents under consideration at this hearing are: 1. The proposed Joint Development Agreement. 2. The initial Environmental Study. 3. The Summary Report on the Lease of real property. COMMUNITY DEVELOPMENT DIRECTOR FOSTER: The Joint Develop- ment Agreement proposes a project whereby the developer will build a hotel and the Redevelopment Agency will build a 400-car parking garage. Underlying the whole project proposal is the basic fact that the City will own the land under the hotel and the garage. There proposes to be no sale of land. This condition is to exist for the term of the lease which is for 50 years with two 10 year renewal options. Mr. Foster briefly outlined the proposed project with the aid of an architectural rendering and map of the area. EXECUTIVE DIRECTOR BERGEN: A time schedule of the pro- ject will be presented to the Council in about thirty days. The City is not fully comitted until the actual sale of the bonds. MAYOR HART: All persons desiring to speak on the Proposed Hotel Agreement will be given the opportunity to speak; but first, Mrs. Anderson, are there any communications for or against the proposal? ASSISTANT CITY CLERK ANDERSON: A communication has been received and distributed to all members from J. Banducci, 1025 - 18th Street, expressing objections to the proposed development. Bakersfield, California, December 21, 1977 - Page 3 397 MAYOR HART: I now delcare the public hearing open for the City Council. Are there any persons wishing to speak against the proposal? Mr. William Brady, property owner in the proposed develop- ment area, very strongly objected to the hotel being constructed in this area because he does not want to relocate his business. MAYOR HART: Are there any persons wishing to speak in favor of the proposal? Mr. John McWhorter, Certified Public Accountant, 817 Truxtun Avenue, stated that Bakersfield needs this type of hotel and is very much in favor of the project going forward. Ms. Jeri Bruce, Director of the Convention Bureau of the Bakersfield Chamber of Commerce, spoke in favor of the hotel complex. MAYOR HART: Hearing no further requests to speak, I hereby declare the public hearing closed and defer to the Redevelop- ment Agency. AGENCY CHAIRMAN CASPER: Thank you Mr. Mayor. Do any members of the Redevelopment Agency desire to ask questions or request further clarification on the proposal? Adoption of Resolution No. RAll-77 of the Bakersfield Redevelopment Agency certifying that the infor- mation contained in the initial study with respect to the proposed Joint Development Agreement between the Agency and Metro Plaza, Inc., has been reviewed and considered; and finding that the implementation of said Joint Development Agreement will not have a significant effect on the environment. Upon a motion by Agency Member Foth, seconded by Agency Member Lewis, Resolution No. RAll-77 of the Bakersfield Redevelop- ment Agency certifying that the information contained in the initial study with respect to the proposed Joint Development Agreement between the Agency and Metro Plaza, Inc., has been reviewed and considered; and finding that the implementation of said Joint 398 Bakersfield, California, December 21, 1977 - Page 4 Development Agreement will not have a significant effect on the environment, was adopted by the following roll call vote: Ayes: Agency Members Casper, Foth, Lewis, Mooneyham, Poehner Noes: None Absent: Agency Members King, Puder Adoption of Resolution No. RA12-77 of the Bakersfield Redevelopment Agency finding that the considera- tion for the Lease of certain real property in the Downtown Redevelop- ment Project is not less than Fair Market Rental Value in accordance with covenants and conditions governing such Lease; approving the Lease of said property to Metro Plaza, Inc., approving the Joint Development Agreement pertaining thereto; and authorizing the execution of said Joint Development Agreement. Upon a motion by Agency Member Poehner, seconded by Agency Member Mooneyham, Resolution No. RA12-77 of the Bakersfield Redevelopment Agency finding that the consideration for the Lease of certain real property in the Downtown Redevelopment Project is not less than Fair Market Rental Value in accordance with covenants and conditions governing such Lease; approving the Lease of said property to Metro Plaza, Inc.; approving the Joint Development Agreement pertaining thereto; and authorizing the execution of said Joint Development Agreement, was adopted by the following roll call vote: Ayes: Agency Members Casper, Foth, Lewis, Mooneyham, Poehner Noes: None Absent: Agency Members King, Puder Adoption of Resolution No. RA13-77 of the Bakersfield Redevelopment Agency adopting a Housing Replace- ment Plan for housing to be removed from the low and moderate income housing market in the Downtown Bakersfield Redevelopment Project Area. Upon a motion by Agency Member Mooneyham, seconded by Agency Member Poehner, Resolution No. RA13-77 of the Bakersfield Redevelopment Agency adopting a Housing Replacement Plan for Bakersfield, California, December 21, 1977 - Page 5 399 housing to be removed from the low and moderate income housing market in the Downtown Bakersfield Redevelopment Project Area, was adopted by the following roll call vote Ayes: Noes: Absent: Agency Members Casper, Foth, Lewis None Agency Members King, Puder AGENCY CHAIRMAN CASPER: I turn the meeting back to you. MAYOR HART: Thank you. desire to ask questions or request Mr. Mayor, proposal? Mooneyham, Poehner the Agency has acted, Special Counsel Jacobs not being present tonight and expressed his concern with Mr. Brady's property rights. Adoption of Resolution No. 114-77 of the Council of the City of Bakers- field certifying that the information contained in the initial study with respect to the proposed Joint Develop- ment Agreement between the Bakersfield Redevelopment Agency and Metro Plaza, Inc. has been reviewed and considered; finding that the implementation of said Agreement will not have a signi- ficant effect on the environment; finding that the consideration for the Lease of the property thereunder is not less than Fair Market Rental Value in accordance with covenants and conditions governing such Lease; and approving the Lease of such property and said Joint Development Agreement. Upon a motion by Councilman Christensen, Resolution No. 114-77 of the Council of the City of Bakersfield certifying that the information contained in the initial study with respect to the proposed Joint Development Agreement between the Bakersfield Redevelopment Agency and Metro Plaza, Inc. has been reviewed and Councilman Strong stressed his dissatisfaction with this is not a blighted area. just the location and agrees with Mr. Brady, in his feeling, that Councilman Sceales stated he does not oppose the hotel, Do any members of the Council further clarification of the 4OO Bakersfield, California, December 21, 1977 - Page 6 considered; finding that the implementation o£ said Agreement will not have a significant effect on the environment; finding that the consideration for the Lease of the property thereunder is not less than Fair Market Rental Value in accordance with covenants and conditions governing such Lease; and approving the Lease of such property and said Joint Development Agreement, was adopted by the following roll call vote: Ayes: Councilmen Medders, Noes: Councilmen Sceales, Absent: None Ratty, Rogers, Barton, Christensen Strong Adjournment. Agency Chairman Casper adjourned the Joint Public Hearing: before the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency regarding Joint Development Agreement between Bakersfield Redevelopment Agency and Metro Plaza, Inc., at 8:00 P.M. Upon a motion by Councilman Sceales, the Joint Public Hearing before the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency regarding Joint Development Agreement between the Bakersfield Redevelopment Agency and Metro Plaza, Inc., was adjourned at 8:00 P.M. ATTEST: Y~LE~R~ an~ CIT K io Clerk of the Council of the City of t~akersfield, California ma Bakersfield, California, December 21, 1977 401 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:05 P.M., December 21, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Mr. George Russell member of the Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Absent: None Minutes of the regular meeting of December 14, 1977, were approved as presented. Scheduled Public Statements. Mr. Steve Gustin, owner and operator of a skip-loader, stated that his bid on the Weed Abatement Program was denied because his father is a City Fireman and it was ruled a conflict of interest. Councilman Barton requested that the City Manager meet with Mr. Gustin to resolve this matter. Correspondence. Upon a motion by Councilman Medders, communication from Eddie D. Bell requesting annexation of property located north of Ming Avenue and lying on the east side of Wible Road, was received and referred to the Planning Commission for study and recommendatic, n. Council Statements. Mayor Hart read a report regarding the devastating wind- storm that hit the City of Bakersfield and surrounding area on December 20, 1977, as follows: Tuesday morning, December 20th, when the emergency situation threatened the City, Mr. Bergen, Chief of Police Bob Price, Fire Chief Dennis Needham, Director of Public Works Dale Hawley and myself met at an early hour, hoping to assume control of the situation. We mobilized our staff on a 24-hour basis, in- forming them regarding preliminary actions and outlining actions for the safety of the citizens. 4O2 Bakersfield, California, December 21, 1977 - Page 2 Chief Price and Chief Needham had activity logs that they maintained throughout the entire situation, as is traditional with their depart- ments. As the emergency developed in intensity, we met again in the afternoon to determine the extent and severity of the damages and designated my office as the authority to speak for the City to the Governor's office and to the news media to keep the public informed. Chief Price, Chief Needham, and Director of Public Works Hawley projected the requirements in antici- pation of what would be needed to contend with the situation that existed. The Intelligence Center in the basement of the Police Department was to gather and process all reports bearing on the situation, we being fully aware that to make valid decisions we should remain current on the situation as it existed and the new developments as they arose. I will remain in contact with the news media, establishing public information and requests that would help us resolve the emergency situa- tion and emphasizing the necessity of a City- wide or Greater Bakersfield's cooperation. I might add that the press, television, and radio have rendered yoemen service in keeping the citizens of the area aware of what it would take to overcome our mutual problems. This day I have talked with Mr. Grey Davis, Governor Brown's Executive Secretary, and Mr. Dick Adams of the Fresno Office of Emergency Services, and Mr. Ray Jackson, Kern County Emergency Services Coordinator, relating to them the extent of the damages as near as we can determine and asking what they in their wisdom determine the measure of assistance and relief the State can offer those persons who have suffered a disastrous measure of damage to businesses and residences as a result of the excessive winds in this community. We have remained cognizant of all disruptions of electric power, been informed as to the possi- bility of damage to gas lines, petroleum lines, and the rupture of water and sewer systems. To this point we have been able to contend with all problems with our own personnel in the Police Department, Fire Department, and those persons involved in community service with Public Works. The executive authority has remained in constant touch throughout all of yesterday, all last night, and the entirety of this Wednesday the 21st. We have kept the news media aware of developments, the State aware of our situation, and the public informed. We are working in close cooperation with Board of Supervisors Chairman David Head, Mr. Herb Bell, Sheriff A1 Loustalot, and the various department heads at the County level to make Bakersfield, California, December 21, 1977 - Page 3 403 our report complete to the State agencies that will react to our needs. We are using our Building and Public Works people to fully assess the damages within the community so that we can reflect an accurate dollar value of the damages inflicted on this City during the emergency. We are working with the County as to our report of the extent of our damages, so that the Federal Disaster Administration and representative of the Governor, who will be here on Thursday, will have a uni- fied report as to damages, not only to the City of Bakersfield, but Greater Bakersfield and surrounding environs, which would be submitted through the office of Board of Supervisors Chairman Dave Head. I ask the Council to sanction these actions that we might proceed with whatever measures are necessary to contend with the situation that exists. I might add the reaction or response we have received from the community should surprise nobody, for this is a wonderful City precisely because its citizens are knit together by the strongest bonds of community. Fellow feelings of people for one another generate a group spirit or climate of thought, of response. It is something vague and inchoate, easier to feel than describe, but effective. Upon a motion by Councilman Barton, the Bakersfield Disaster Council was granted sanction to proceed with whatever measures necessary to contend with the situation that exists. Upon a motion by Councilman Ratty, report from the Chief of Police, dated December 13, 1977, entitled "Investigation of College Incident November 12, 1977," that was submitted at the Council Meeting of December 14, 1977, was received and ordered placed on file. Councilman Ratty read the following prepared statement: A recent statement directly quoted in the 'Bakersfield Californian' by a non-Council member intimated that our City Manager is in jeopardy of being fired. The quote to which I refer is: "If Harold Bergen wants to continue as City Manager .... " I feel the honesty and integrity of this Council has been compromised by this quotation. It is our duty and obligation to reaffirm the belief that we - each - are elected by the people to direct this City according to the wishes of the people. Not individuals or pressure groups with a personal or political axe to grind. 4O4 Bakersfield, California, December 21, 1977 - Page 4 This Council, by the following motion, will take a public position asserting our leadership responsibility in an honest and straightforward manner. Thus ending rumors that have caused misunderstanding, and loss of confidence among certain segments of City employees and the general public. I, therefore, move that this Council reaffirm our support of Mr. Harold Bergen, City Manager, and Mr. Robert Price, Chief of Police, by a roll call vote. Councilman Strong stated he does not believe any Council-- man has determined whether or not that quote was actually made or, if it was made, found out what the individual actually meant by the statement. In all fairness to the person who made the state- ment opportunity should be given to come before the Council and clarify its meaning and intent. Councilman Christensen stated that if the Council has to approve and react to everything printed in the newspapers or said on television or radio the Council would be just like a cricket and humming all day long. It is not the duty of this Council to censor the newspapers, radio or television. Councilman Sceales stated that he thought the Council was losing the intent of the motion; it is merely a vote of confidence for the City Manager and Police Chief. Councilman Ratty's motion that the Council reaffirm their support of Mr. Harold Bergen, City Manager, and Mr. Robert Price, Chief of Police, was approved by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales Noes: Councilmen Strong, Barton Absent: None Abstaining: Councilman Christensen Councilman Strong, in clarifying his negative vote, stated. that he would most definitely vote in favor of the motion after the person has had a chance to address the Council and express what was meant by the statement, if indeed he said it. Bakersfield, California, December 21, 1977 - Page 5 405 Councilman Barton, in clarifying his negative vote, stated he does not think it is as simple as a vote of confidence and he did not read the newspaper article. Councilman Medders read the following prepared statement: Throughout the year the Public Works Department picks up and hauls brush and tree trimmings from City residences at the request of the property owners. The minimum fee for this service is $25.00. If the City Council decides to waive the fee for hauling tree trimmings and brush resulting from the windstorm of December 20th and 21st, then the following should apply: If a resident has fallen tree limbs as a result of the windstorm he can call the City and the limbs will be removed at no charge. The City will require the resident to place the limbs in the parking lane (not to extend more than 8' into the street from the curb) in front of their homes. Requests must be made before January 6th. The number to call is 861-2781. Tree trimmings and brush removal which is not a result of the December 20th and 21st windstorm will continue to be hauled away at the minimum fee of $25.00. Upon a motion by Councilman Medders, Brush Hauling fee of $25.00 was waived for persons who need this service due to damage incurred from the windstorm that hit the City on December 20 and 21, 1977, if they call the Public Works Department by January 6, 1978. Councilman Medders stated that he is highly appreciative of the job City Policemen do day after day and hope they continue to put forth the same fine effort. Reports. Councilman Sceales, member of the Governmental Efficiency and Personnel Committee, read Majority Report No. 13-77 regarding Additional Safety Positions for Police Department, as follows: In past years the City Council has periodically voiced their concern regarding the number of sworn police personnel in relationship to the population and size of this city. In 1976 the 4O6 Bakersfield, California, December 21, 1977 - Page 6 staff was directed by the City Council to con- duct a manpower allocation study. The Peace Officers Standards and Training Agency (POST) was brought in to help in this project. The cities of Simi Valley, Turlock, Richmond and San Mateo were contacted as they had recently conducted and implemented the results of a similar study. From January 1, 1977, to March 26, 1977, this study was conducted by the Bakersfield Police Department. During the course of this twelve- week survey, all activities of the Operations Division, Patrol Division and Traffic Division were charted. These activities included calls for service, administrative duties, personal time and patrol activities. The study was to determine if the manpower in the Operations Division was being utilized in the most efficient manner possible and to determine if there was a real need for additional manpower. Problems pointed out by the survey are: l) Frequently, the Communications Center is holding five to nine calls because of the lack of units to send. Therefore , the shortage of officers on the street has a direct bearing on the time it takes before a citizen can get needed police service. 2) There is little time available for preventive patrols. 3) Several of the geographic districts are not being serviced on a regular basis. 4) There is not enough time allowed for neighborhood and business patrol. This results in an in- creased number of complaints from citizens to the Department and the City Council. POST representatives met with the GEP Committee in October of this year and recommended 14 new officers. This increase in personnel will accomplish improvements in several areas: l) Response time would be reduced and more districts will be covered and the size of each district reduced. This would give a much better level of service. 2) More preventive patrols would be provided during the time of greatest need. In studying the POST recommendation for four- teen additional personnel, the GEP Committee considered the unique characteristics of the City of Bakersfield as compared to other cities. Bakersfield is a growing city, not locked in by surrounding cities, and the resident population of 82,000 reflects a small segment of the direct population of the City. In a recent survey made by the Police Department, it was found that in the area of misdemeanor citations, 49 percent were issued to persons other than city residents. Fifty-one percent of the traffic citations and sixty-six percent of the total arrests were also people residing outside the city limits. In other words, non-residents contributed to one-half of the total workload of the City Police Department. Bakersfield, California, December 21, 1977 - Page ? 4O7 After considering all factors and several meetings regarding this issue, the majority of the GEP Committee is convinced additional safety personnel are needed. It is also evi- dent that fourteen new positions and equipment are extremely costly, $310,860 to be exact. The majority of the GEP Committee is recom- mending that ten new police officer positions be authorized effective January l, 1978, and that $132,000 be transferred from the Council's Contingency Fund to the proper Police Department accounts to fund this transaction for the remainder of this fiscal year ($95,000 for personnel costs plus $37,000 for departmental capital outlay). The total annual cost on the basis of the current budget is $204,000 ($190,000 for personnel costs and $14,000 equipment rental). If the Council approves this recommendation, it is important that this action be taken because the next Police Officer Academy begins next month. Respectfully submitted, Councilman Donald A. Rogers Councilman Michael E. Sceales Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Minority Report regarding Additional Police Personnel, as follows: On October 19, 1977 the GEP met with the members of the POST (Peace Officers Standard Training) and certain ranking.members of the Bakersfield Police Department to discuss the results of a recent survey which had just been completed by these two groups working together. The survey appeared to concentrate on the number of calls received by the Police Department, their broad classification, and the average time required for an Officer or Officers to respond to the scene of certain calls. The discussion also included a cursory examination of the relative time spent by the average patrolman in the performance of his many duties while on shift. As a result of this survey the Police Department is requesting 14 addi- tional Police Officers (ll patrolman and 3 traffic officers). Although this request was the primary subject of discussion during two previous GEP meetings and has been under deliberation by at least two of its members for more than two months, it wasn't until after the Bakersfield College - Police indicent, with some coercing from the staff, that the other two members of the GEP decided to make the recommendation authorizing l0 new police officers. 4O8 Bakersfield, California, December 21, 1977 - Page 8 While it is readily admitted that this minority report is influenced to some degree by those officer's conduct during that previously men- tioned incident, there are certain other over- riding but unrelated concerns which should be addressed before any long-range determination is made regarding the total manpower in the Police Department. The ultimate recommendation of this minority report is predicated on some of those issues expressed below: The recommendation authorizing 10 new police officers is purely arbitrary; it is a result of no study or set of facts and amounts to nothing more than political dogma. Although the non-budgeted cost of adding such additional personnel is astronomical, the other two members of the GEP refused to endorse the use of Federal Funds. Consequently, the cost would be spent from the general fund. Request involving such large expenditures should only be allowed during pre-budget periods where the financial impact could be considered in light of other fiscal cost. Only a few months ago during budget con- siderations additional police personnel was recommended by this same GEP and ultimately approved by the Council. Although there are 5 Captains, l0 Lieutenants, 19 Sergeants and 28 Detectives currently authorized in the Police Department; nothing significant was mentioned in the POST survey regarding their duties, time, and motion responsibility. Chief Price admitted during these talks that the number of accidents involving police vehicles was extremely high; yet, no accurate accounting of the incidents or their cost have ever been provided the Council. Some cities with similar population operate their Police Department with as few as 90 police officers while our full compliment is 160. This does not include the large number of non-sworn (support) personnel. One of the POST members in his comments to the committee suggested that the high cost of funding these additional positions could be offset by revenues accruing to the City from the writing of more traffic tickets by the new officers. Bakersfield, California, December 21, 1977 - Page 9 4O9 Again it is the position of this minority report that requestor this magnitude, where no urgency exist, should follow Council policy and be submitted at budget-time. It is therefore requested that this minority report be accepted, and that the recommendation by the majority report authorizing l0 new positions in the Police Department be denied AT THIS TIME. Respectfully submitted, Councilman Vernon D. Strong Chairman GEP During discussion, Lt. Rudder, of the Police Department, answered questions of the Council regarding the twelve-week survey made of the Operations Division. During a lengthy discussion, Councilman Sceales made a motion that the Council set a policy that if there is to be a Minority and Majority Report, on the same subject, and both reports are not ready at the same time, then they will be held over for the following week. This motion failed to carry by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales Noes: Councilmen Ratty, Strong, Barton, Christensen Absent: None Councilman Sceales made a motion that Majority Report No. 13-77 of the Governmental Efficiency and Personnel Committee regarding Additional Safety Positions for Police Department, be accepted; ten new Police Officer positions, effective January 1, 1978, be authorized; and Budget Transfer from the Council's Contingency Fund to the proper Police Department accounts, in the amount of $132,000 to fund this transaction for the remainder of this fiscal year, be approved. Councilman Christensen reported on the number of Police Officers, per 1,000 population, and population of the areas surrounding the following cities: 410 Bakersfield, California, December 21, 1977 - Page 10 City Chula Vista Costa Mesa San Mateo Pamona Stockton Salinas Merced Ventura Bakersfield Population 80 000 77 000 80 000 83 600 122 000 74 200 32 000 70,000 82,000 (84,000) Carson Lakewood Councilman by the next meeting, rate compared to the Surrounding Policemen Area Sworn Per 1,000 Population Officers Population 40,000 89 1.1 1,500,000 130 1.7 300,000 110 1.4 200,000 142 1.7 60,000 224 1.8 16,000 114 1.5 35,000 51 1.6 35,000 94 1.3 126,000 160 1.9 Contracted Cities 80,000 33,600 85,000 235,000 Christensen requested 88 1.1 60 .7 that the staff secure, the City of Bakersfield's rank in the crime cities reported above. Chief Price answered questions of Councilman Barton regarding the POST survey, conducting a survey of the Police Department and the statistics quoted by Councilman Christensen. After considerabl~ discussion, Councilman Sceales' motion that Majority Report No. 13-77 of the Governmental Efficiency and Personnel Committee regarding Additional Safety Positions for Police Department, be accepted; ten new Police Officer positions, effective January 1, 1978, be authorized; and Budget Transfer from the Council's Contingency Fund to the proper Police Department accounts, in the amount of $132,000 to fund this transaction for the remainder of this fiscal year, be approved, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Ratty, Rogers, Sceales Councilmen Strong, Barton, Christensen None Bakersfield, California, December 21, 1977 - Page ll 411 Upon a motion by Councilman Barton the staff was instructed to contact the Arthur D. Little Company as to the cost of a manage- ment study of the Police Department. Councilmen Rogers and Sceales voted in the negative on this motion. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 14-77 regarding Two Addi- tional Fire Department Personnel, as follows: In 1976, the City's Weed Abatement Program was transferred from the Public Works Department to the Fire Department. At that time it was felt that a temporary employee, six months a year, could handle this program; however, it has become apparent that this is not the case. The major duties of the Weed Abatement Coordina- tor are dealing with property owners, researching titles, dealing with other government agencies, coordinating and follow-up of work performance, photographing of property prior to and after cleaning, billing property owners, and recording assessments. The entire program requires one full-time employee, nine to ten months out of the year, and during the slack time the Fire Chief will utilize this employee as a supple- mentary inspector. The other requested position is for one addi- tional Fire Captain to be utilized in the Training Division. This Division has operated with one Battalion Chief since the mid-1930's. Occasionally a Fire Captain who has been injured and was not able to go on firefighting duties was assigned to the Training Division on a temporary basis. Over the years there have been safety employees who have retired on a service connected disability who could have been able to fill such a position and remain until a normal retirement age. If this position is authorized the Fire Chief intends to transfer a recently injured employee into this position. The duties and responsibilities of this position would involve the training of Fire personnel in the fire station and on the drill grounds. He would assist the Training Officer in carrying out the training program of the Fire Department. In more detail, he would be working very close with the ranks of Firefighter and Fire Engineer. This position would enable the Training Officer to further develop the overall Fire Department training program. The GEP Committee members have discussed both of these programs and are unanimously in favor of both of these positions. Bakersfield, California, December 21, 1977 - Page 12 We are, therefore, recommending Council approval of one Weed Abatement Coordinator at a salary level of $1066 to $1299 per month and the authorization of one additional Fire Captain position. The total annual cost for these two positions will be $42,000; however, the Fire Chief feels that he has enough money in his current budget to finance both positions for the remainder of fiscal year 1977-78. In order to effectuate this report we are recommending approval of the attached salary resolution and job specifications for Weed Abatement Coordinator. Upon a motion by Councilman Strong, Report No. 14-77 of the Governmental Efficiency and Personnel Committee regarding Two Additional Fire Department Personnel, was accepted; job specifi- cations for Weed Abatement Coordinator, was approved; and one additional Fire Captain position, was approved. Adoption of Resolution No. 115-77 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 Christensen, Resolution No. 115-77 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 Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 6-77 regarding Board of Zoning Adjustment Appeal - Ben Benton, as follows: At the City Council meeting of December 14, 1977, Mr. Ben D. Benton appealed the decision of the Board of Zoning Adjustment which had denied his request for a modification of 54 parking spaces. Bakersfield, California, December 21, 1977 - Page 13 On Monday afternoon this Committee met to review the materials related to the appeal. It is our feeling that in view of the critical parking problems downtown that the appeal be denied and the decision of the Board of Zoning Adjustment upheld. Within the next six months a parking study will be completed. If, as a result of that study, changes in our Zoning Ordinance change the parking requirements for Mr. Benton, and if Mr. Benton does not proceed with his modified development, then it is the intention of this Committee to, upon its own action, review Mr. Benton's request and other action may be forth- coming. Councilman Barton made a motion that Report No. 6-77 of the Business Development and Parking Committee regarding Board of Zoning Adjustment Appeal - Ben Benton, be accepted. Mr. Ben D. Benton requested that the modification be granted. Vice-Mayor Medders reminded the Council and public that the hearing was held and closed to the public at the meeting of December 14, 1977. Councilman Strong requested that a decision on this appeal be held over until the next meeting to allow Mr. Benton time to thoroughly discuss the parking problem with the Business Development and Parking Committee. Councilman Rogers stated that he is not prepared to vote on this matter tonight and would like it held over until the next meeting. After a lengthy discussion, Councilman Barton's motion that Report No. 6-77 of the Business Development and Parking Committee regarding Board of Zoning Adjustment Appeal - Ben Benton, be accepted, was approved by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Barton Noes: Councilmen Rogers, Strong, Christensen Absent: None Bakersfield, California, December 21, 1977 - Page Adoption of Zoning Resolution No. 259 Denying Modification of the Land Use Zoning Ordinance of the City of Bakersfield to allow the elimination of the required 54 Off-Street Parking Spaces for retail sales and lunch room on that certain property commonly known as 1400 - 17th Street. Upon a motion by Councilman Barton, Zoning Resolution No. 259 Denying Modification of the Land Use Zoning Ordinance of the City of Bakersfield to allow the elimination of the required 54 Off-Street Parking Spaces for retail sales and lunch room on that certain property commonly known as 1400 - 17th Street, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Sceales, Barton Noes: Councilmen Rogers, Strong, Christensen Absent: None Director of Public Works Hawley read a report regarding Crossing Guard Reassignment, as follows: In September, 1977, four way stop signs were installed at the intersection of Planz Road and Wible Road, which is also protected by a school crossing guard. Recent studies indicate that the crossing guard is no longer warranted. The Traffic Engineer has discussed this matter with the Principal of Seibert School and he has indicated that he would like to see the crossing guard remain even though it might not meet the warrants. We have also recently made a study for the un- controlled intersection at Planz Road and McCourry Street. With the widening and re- construction of Planz Road, the traffic has increased and this intersection now meets the warrants for an adult crossing guard. It is recommended that the adult crossing guard at Planz Road and Wible Road be reassigned to Planz Road and McCourry Street. If the crossing guard is not reassigned, it is recommended that $3500 be transferred from Council Contingency Funds to provide a crossing guard at Planz Road and McCourry Street for the remainder of the fiscal year. Councilman Sceales stated that he opposes transferring a crossing guard at this time. Upon a motion by Councilman Barton, Budget Transfer from the Council Contingency Fund, in the amount of $3,500.00, to provide Bakersfield, California, December 21, 1977 - Page 15 415 a crossing guard at Planz Road and McCourry Street for the remainder of this fiscal year, was approved. City Manager Bergen commended the Public Works Department, as well as the Police Department and Fire Department, for the fine job they did during the windstorm of December 20, 1977. Councilman Sceales concurred in this statement. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2445 to 2622, inclusive, in the amount of $293,430.75. (b) Public Utility Easement from John Lencioni and Josephine Lencioni as required for Parcel Map No. 3705 "B." (c) Application for Encroachment Permit from David J. Miller, 319 Beech Street, for construction of a 3' to 4' high grape stake fence at back of sidewalk in the public right-of-way at 319 Beech Street. Request for deviation from City Sidewalk Standard for construction of a free form sidewalk approximately parallel to north curb line of Stockdale Highway from Montclair Street west approximately 600 feet. Upon a motion by Councilman Ratty, Items (a), (b), (c) and (d) 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 Action on Bids. Upon a motion by Councilman Sceales, low bid of Odorite Janitorial Supply Company for Annual Contract No. 17078 for Janitorial Supplies, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, the next four items were voted upon in one motion by the Council. Councilman Christensen voted in the negative on this motion. 416 Bakersfield, California, December 21, 1977 - Page 16 Upon a motion by Councilman Rogers, bid of Rose Chemical Engineering for Annual Contract No. 10178 for Water Treatment Chemicals (14 items), was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rogers, low bids of Moore Business Forms for 21 items, Vanier Graphics for 7 items, Data Documents for 5 items and Kern Printing Company for I item for Annual Contract for Printing Special Forms (34 items), were accepted and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Rogers, low bid of Kern County Equipment Company for German- Rupp 10" Self Priming Trash Pump with Diesel Engine, was accepted and all other bids rejected. Upon a motion by Councilman Rogers, low bid of Ray Gaskin Service for two Cabs and Chassis for Public Works Department, was accepted and all other bids rejected. Upon a motion by Councilman Sceales, the bid received for Hunter Shop Equipment for New Corporation Yard, was rejected and the Finance Director was authorized to readvertise the project. Upon a motion by Councilman Ratty, low bid of James G. Francis for Chester Avenue Improvement between 24th Street and Garces Circle, was accepted, all other bids rejected and the Mayor was authorized to execute the contract, conditioned on receipt of approval of such award by the Federal Highway Adminis- tration and CalTrans. Upon a motion by Councilman Sceales, low bid of Jim Burke Ford for ten Pickup Trucks, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, bid of Flashco, Inc., for Hydraulic Tailgate Spreaders for Public Works Department (two each), was accepted. Upon a motion by Councilman Rogers, high bid of Garone Cattle Company for Municipal Sewer Farm Lease (638.4 acres), was accepted, the other bid rejected and the Mayor was authorized to execute the lease. Bakersfield, California, December 21, 1977 - Page 17 417 Deferred Business. Adoption of Ordinance No. 2392 New Series of the Council of the City of Bakersfield adding Chapter 1.86 to Title l, repealing Subsection (d) of Section 13.04.120 of Chapter 13.04, amending Section 13.28.110 of Chapter 13.28, concerning creation of Housing Advisory Finance and Appeals Board, setting forth powers and duties thereof. Upon a motion by Councilman Barton, Ordinance No. 2392 New Series of the Council of the City of Bakersfield adding Chapter 1.86 to Title 1, repealing Subsection (d) of Section 13.04.120 of Chapter 13.04, amending Section 13.28.110 of Chapter 13.28, con- cerning creation of Housing Advisory Finance and Appeals Board, setting forth powers and duties thereof, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None New Business. Adoption of Resolution No. 116-77 of the Council of the City of Bakers- field approving method for distri- bution, among the County of Kern and Cities within Kern County, of Federal Funds available under the Safer Off- System Roads Program. In the past, the City has received funds for street improvements on the City's Federal Aid-Urban Routes, which consists mainly of the major streets. This program provides some funding for the County and Cities on the minor or local roads which are not on the FAU System. The distribution of the funds is based primarily on urban population. Upon a motion by Councilman Ratty, Resolution No. 116-77 of the Council of the City of Bakersfield approving method for distribution, among the County of Kern and Cities within Kern County, of Federal Funds available under the Safer Off-System Bakersfield, California, December 21, 1977 - Page 18 Roads Program, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None Approval of Purchase of Property adjacent to Fire Station No. 1. The purchase price is $157,000 which is within accept- able limits of the appraisal. The property is being acquired for the expansion of offices for the Fire Department. This is a budgeted item, and the price is well within the budget figures. Upon a motion by Councilman Ratty, purchase of property adjacent to Fire Station No. i for expansion of offices, in the amount of $157,000, was approved and the City Attorney was authorized to open escrow. Recess. Upon a motion by Councilman Rogers, the Council recessed the regular meeting for a Budget Hearing on Title II - Anti- recessionary Funds. Budget Hearing. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 8-77 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 $155,000 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 departments resulting from City growth and prices and rates higher than anticipated. (See Attachment #2). These uses would meet the eligibility requirements of the Act. Bakersfield, California, December 21, 1977 - Page 19 This Committee has reviewed these and feel they are justified and therefore recommends the City Council authorize the appropriation of $155,000 of Title II funds to meet these needs as indicated on Attachment #2. ATTACHMENT #2 City of Bakersfield Recommended Use of Title II Funds Electricity: Street Lighting $ 80,000 Auditorium 42,000 Police 10,000 California Avenue Park Facility 8,000 Street Maintenance Materials $140,000 15,000 TOTAL $155,000 Vice-Mayor Medders declared the hearing for public participation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed. Upon a motion by Councilman Sceales, Report No. 8-77 from the Budget Review and Finance Committee regarding Title II - Antirecessionary Funds, was accepted; and appropriation of $155,000 of Title II Funds to meet the needs as indicated on Attachment #2, was approved. Councilman Strong abstained from voting on this matter. The Budget Hearing was adjourned vened to the regular Council Meeting. Adjournment. There being no further business to Council, upon a motion adjourned at 11:40 P.M. and the Council recon- come before the by Councilman Ratty, the meeting was MAYOR of the Ci~sfield, ATTEST~ -- Calif. ma