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HomeMy WebLinkAboutAPR - JUNE 1977Bakersfield, California, April 4, 1977 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 4, 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: Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Absent: None Minutes of the regular meeting of March 28, 1977 were approved as presented. Scheduled Public Statements. Mrs. Arlene Pike, 2412 San Pablo, stated that she was not objecting to a "Garage Sale" but requested that the Council do something to control continuous "Garage Sales" that disrupt the neighborhood and result in excess debris in yards and illegal signs being posted on cars, poles, etc. Upon a motion by Councilman Rogers the problem of continuous "Garage Sales" was referred to the staff for investi- gation and report back to the Council with suggestions as to how this nuisance can be controlled. John Lavender of the First Baptist Church offered Dr. an Invocation. Mr. Leonard Cravens, 2609 Chester Avenue, presented a petition from businessmen located on Chester Avenue, from 24th Street to the Garces Circle, expressing their opposition to the proposed reconstruction of Chester Avenue between 24th Street and Garces Circle because the length of time of construction would be detrimental to business in that area and would cause substantial losses to each person who signed the petition. Director of Public Works Hawley explained the procedure that would be used to prevent lengthy blocking of the access to Bakersfield, California, April 4, 1977 - Page 2 these businesses and offered to meet with the businessmen in the area to go over the plans in detail. Mr. Cravens stated that if the project has to be done then he would suggest that the starting time be changed. Mr. Bud Steel, 3115 Chester Avenue, questioned the staff regarding the project to widen and resurface Chester Avenue. Mr. LeRoy Wirz, Attorney representing Henry Hank, 2519 Chester Avenue, questioned the staff regarding access to driveways during construction. Mr. Guy Rodgers, owner of Rodgers' Furniture 2825 Chester Avenue, stated that most of his business comes from people window shopping and during this construction they will not travel Chester Avenue. He also stated that after completion of the project their signs will not conform to the City's Sign Ordinance. Correspondence. Upon a motion by Councilman Rogers, communication from the Downtown Business Association, dated March 23, 1977, requesting the City Council to begin immediately to take the preliminary steps to form a Parking District for downtown by hiring a Parking Consultant, was received and referred to the Business Development and Parking Committee. Councilman Christensen read a letter from Rodney Langston, 18 Vernal Place, opposing the use of traffic radar by the Bakers- field Police Department. Councilman Christensen made a motion that the letter from Rodney Langston be received and referred to the Governmental Efficiency and Personnel Committee for review. Police Chief Price answered questions of the Council regarding use of traffic radar in other cities and explained the Police Department's plans for use in the City of Bakersfield. He also stated that they do not anticipate that this use of radar will be a revenue producing item but would be for the purpose of reducing traffic accidents and gaining compliance with the speeds posted. Bakersfield, California, April 4, 1977 - Page 3 3 Councilman Rogers stated the Governmental Efficiency and Personnel Committee can receive Mr. Langston's letter but he does not see how it can be answered until Chie£ Price decides how the radar is going to be used. Councilman Medders asked if Councilman Christensen's motion pertained to what the Chief of Police plans to do with the radar. Mayor Hart stated that the motion was to refer Mr. Langston's letter to the Governmental Efficiency and Personnel Committee. Councilman Christensen's motion that the letter from Rodney Langston be received and referred to the Governmental Efficiency and Personnel Committee for review was approved. Council Statements. Upon a motion by Councilman Rogers, Mayor Hart's appoint- ment of Mr. John S. Mooneyham, 4801 Belle Terrace, to the Bakers- field Redevelopment Agency, approved. This vacancy was Stewart. term expiring February l, 1979, was created by the resignation of James L. Reports. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 2-77 regarding Recreation Budget for 1977-78 Fiscal Year and Changes in Recreation Fees, as follows: RECREATION BUDGET The City Council's Auditorium-Recreation Com- mittee met to review the proposed Recreation Budget for the 1977-78 fiscal year. A copy of the proposed budget is attached. The budget is submitted annually prior to the regular budget hearings in order that recruitment of personnel for the summer programs can begin immediately. The recreation program budget is divided into four sub-programs, i.e., major activity areas, which are aquatics, sports, parks and play- grounds, and the California Avenue Park Neighborhood Facility. The proposed budget 4 Bakersfield, California, April 4, 1977 - Page 4 totals $460,640 which reflects an increase of $8,725, or 2% above the approved budget for 1976-77. The following is a summary of the major changes in the proposed budget of each sub-program compared with that adopted for 1976-77: AQUATICS The aquatics budget which totals $101,365 is up $2,705. There are no proposed changes in this program from last year. The increase is due to salary step increases and increased cost of supplies. Also, an additional racing lane marker is being requested to complete the set. - SPORTS The sports budget which totals $97,160 is up $16,755. This increase is primarily due to the inclusion of $13,295 to allow for the expansion of the adult summer softball program. The program presently consists of one hundred twenty-three (123) teams in three leagues -- fast pitch, slow pitch and ladies. However, after the sign-up period for this year, there are an additional 72 teams on a waiting list. Due to this tremendous interest, this Committee feels this program should be expanded to permit these other teams to participate. The team registration fees from these additional teams will offset a large part of this increased cost. PARKS AND PLAYGROUNDS The parks and playgrounds budget which totals $104,310 is down $22,115. This decrease results from the elimination of the remaining two teen center programs. This program is being eliminated due to a lack of participation. CALIFORNIA AVENUE PARK NEIGHBORHOOD FACILITY The California Avenue Park Neighborhood Facility budget which totals $157,805 is up $11,380. This increase results from the higher cost of utilities of $4,300, increased allocation of maintenance costs of $2,050 and higher capital outlay requests of $4,390. The capital out- lay request of $2,860 for weight station equipment is being included pending further study and recommendation by the staff. This Committee is concerned about the potential liability to the City in case of injury and proper supervision of the program. CHANGES IN RECREATION FEES In keeping with the Council's policy regarding recreation fees recovering fifty percent of program costs, the staff has informed this Committee that the current fees for adult Bakersfield, California, April 4, 1977 - Page 5 softball, adult basketball and adult-youth tennis are not meeting this funding level. It is our feeling that these fees be adjusted as follows: FROM TO Adult softball $125.00 $150.00 Adult basketball 90.00 115.00 Tennis Adult 5.00 8.00 Youth 2.00 5.00 IlL Conclusion, this Committee recommends that the City CounCil approve the proposed Recreation Budget for the 1977-79 fiscal year and the changes in recreation £ees. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 2-77 regarding Recreation Budget for 1977-78 Fiscal Year and Changes in Recreation Fees, was accepted; Recreation Budget for Fiscal Year 1977-78, was approved; and changes in Recreation Fees, were approved. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 3-77 regarding 1976 Park Bond Act, as follows: In November, 1976, the electorate of the State of California passed Proposition 2 which authorized the State to issue 280 million dollars of bonds to provide funds for the acquisition, development or restoration o~ state and local parks, beaches, historical resources and recreational facilities. The Act provides that 85 million dollars will be distributed to counties and then, cities and districts within each county based on a per capita allocation. Kern County's share will be $1,328,045. However, at least 50% of the cities and districts representing 50% of the population of the cities and districts within each county must approve a county priority plan for expenditure. The county priority plan must then be approved by the State. The County of Kern has met with representatives of the cities and districts and has submitted the attached proposal for approval by the applicable governing bodies. The City of Bakersfield's share under this plan will be $281,200. It is the recommended by this Committee that this proposal be accepted and the attached 6 Bakersfield, California, April 4, 1977 - Page 6 resolution be approved and forwarded to the Kern County Board of Supervisors. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 3-77 regarding 1976 Park Bond Act, was accepted. Adoption of Resolution No. 28-77 of the Council of the City of Bakers- field approving the Priority Plan for expenditure for Kern County under the Nejedly-Hart State, Urban, and Costal Park Bond Act of 1976. Upon a motion by Councilman Christensen, Resolution No. 28-77 of the Council of the City of Bakersfield approving the Priority Plan for expenditure for Kern County under the Nejedly- Hart State, Urban, and Costal Park Bond Act of 1976, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 2-77 regarding Requests from Sani-Tainer, Inc., regarding Downtown Refuse Collection Contract, as follows: On August l, 1972, the City awarded the contract for refuse collection in the downtown commercial area to Consolidated Waste Disposal, Inc., for a period of five years and, if mutually agreed to, up to an additional five years. In May, 1976, the Council approved the transfer of this contract to Sani-Tainer. In January, 1977, the Council referred to this Committee a letter from Sani-Tainer, Inc., which requested the following: 1. Increasing their compensation under the provisions of the contract. 2. Extending the term of the contract. 3. Expanding the service area. On February 7, 1977, the Council, on recom- mendation of this Committee, authorized a rate increase. The report also indicated that Bakersfield, California, April 4, 1977 - Page 7 7 alternatives to extending the term of the contract and service area were being considered. Alternatives were evaluated based on perfor- mance of the contractor, economics to the City and maintaining the present balance of collection between the City and local contractors. Between May, 1976, when the contract was trans- ferred to Sani-Tainer, and March 30, 1977, the City received seventeen complaints of damage to property and thirteen complaints of poor service. In addition, there are a number of other complaints that are currently being investigated by the Sanitation Division. During the same period of time, the City received less than five complaints relating to commercial collections for all the other outside contractors. There has been some improvement noted recently, however, the performance still cannot be considered satis- factory. The staff has indicated that by allowing the local contractors to absorb one residential route now being served by the City, the City could assume the collection in the central business area and effect an annual savings to the City of $38,200 (see Attachment A). This changeover would result in no increase in City personnel. There would be a one time cost of $10,000 for the conversion of thirty bins in the downtown area. This conversion would have to be accomplished prior to the City assuming collection. The Sanitation Superintendent indicates there are sufficient budget savings in this year's budget to accomplish this. This Committee has carefully considered this matter and recommends the following: 1. The contract with Sani-Tainer, Inc., which expires on July 31, 1977, not be renewed. The City assume the refuse collection in the area served by Sani-Tainer and allow the local Association to absorb one residential route now being served by the City. Authorize the Sanitation Division to utilize $10,000 of budget savings to convert thirty bins. Councilman Medders made a motion that Budget Review and Finance Committee Report No. 2-77 regarding Requests from Sani- Tainer, Inc., regarding Downtown Refuse Collection Contract, be accepted; contract with Sani-Tainer, Inc., which expires on July 31, 1977, not be renewed; that the City assume refuse collection Bakersfield, California, April 4, 1977 - Page 8 in the area served by Sani-Tainer and allow the local Association to absorb one residential route now being served by the City; and the Sanitation Division be authorized to utilize $10,000 of budget savings to convert thirty bins. Mr. Herb Lathan, representing Sani-Tainer, Inc., ex- plained what it cost them to convert bins and outlined some of the difficulties they have had in Bakersfield. Councilman Rogers stated that he is in favor of the City limiting the expansion of their business operations, especially when in competition with private contractors. Councilman Medders stated that the wording in recom- mendation No. 3 of the report should be changed to read: 3. Authorize the Sanitation Division to utilize $10,000 of budget savings to replace or convert thirty bins. After a lengthy discussion Councilman Rogers offered a substitute motion that action on Report No. 2-77 from the Budget Review and Finance Committee regarding Requests from Sani-Tainer, Inc., regarding Downtown Refuse Collection Contract, be held over for one week in order to clarify some o£ the questions brought up tonight. This motion failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Rogers, Strong Councilmen Medders, Ratty, Sceales, Barton, Christensen None Councilman Medders' motion that Budget Review and Finance Committee Report No. 2-77 regarding Requests from Sani- Tainer, Inc., regarding Downtown Refuse Collection Contract, be accepted; contract with Sani-Tainer, Inc., which expires on July 31, 1977, not be renewed; that the City assume refuse collection in the area served by Sani-Tainer and allow the local Association to absorb one residential route now being served by the City; and the Sanitation Division be authorized to utilize $10,000 of budget Bakersfield, California, April 4, 1977 - Page 9 9 savings to convert or replace thirty bins, was approved. Councilman Rogers voted in the negative on this motion. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 6-77 regarding Air Quality Maintenance Planning, as follows: Over the last several years, two actions have been taking place concurrently which have finally come together. In the first action, the County of Kern, through its Air Pollution Control District, has been under order by the California Air Resources Board to develop an Air Quality Maintenance Plan because the Air Resources Board has determined that pollution levels in Kern County exceed minimum standards. In the second action, the City of Bakersfield, as a condition of their Clean Water Grant for the expansion of Sewer Treatment Plant No. 2, was required by the State to commit two man- years to air quality maintenance planning. On June 7, 1976, the Council adopted the Water and City Growth Committee Report No. 7-76, making that two man-year commitment. The City Council did not at that time, however, deter- mine the method in which that commitment was to be accomplished. In order for Kern County to begin to comply with the Air Resources Board requirements, they undertook to develop a comprehensive work plan which would ultimately lead to an air quality maintenance planning effort. In order to accomplish that work plan, Kern County Council of Governments became the lead agency and, through a detailed and competitive selection effort, retained the consulting firm of Grunwald, Crawford and Associates to develop and, subsequently, carry out that work program. Final enforcement of the plan will be the responsibility of the County Air Pollution Control District. During this time, the City of Bakersfield has been a member of the Technical Advisory Com- mittee to the Air Resources Board and Kern COG, and has been a participant in the planning and is contributing approximately 20 percent of the total effort. The California Air Resources Board has also been involved in this planning effort, and they have indicated that our participation in the current air quality maintenance planning program would constitute fulfillment of our commitment under the grant. In the meantime, the City staff has been looking at various alternatives under which it could comply with the two man-year commitment. It reviewed three alternatives: 10 Bakersfield, California, April 4, 1977 - Page 10 To hire an additional city employee in the Planning Department at the Associate Planner level for two years; 2. To hire, under contract, a person at the Associate Planner level; and 3. To have a consultant fulfill the 2-year commitment. The Committee has determined that the 2-year commitment would cost approximately $50,000. This was determined by taking the Associate Planner position, plus fringe benefits, for a 2-year period. Because a planning effort of this type takes a very specialized technical knowledge, this Committee feels that it would not be possible to easily obtain the necessary qualified person; therefore, it would appear that the consultant is the best alternative. Once the degree of participation of the City had been determined in the work program, the staff asked Grunwald, Crawford and Associates to determine how much of that work could be accomplished by them and what tasks could be accomplished by existing city staff. As a result of this, Grunwald, Crawford and Associates has presented, for approval, an agreement under which they would undertake apprximately 65 percent of the City's obligation. The remaining 35 percent would be accomplished by existing city staff and could be blended into their present duties without significantly over- loading them. The City's cost is $30,000 which will be paid for out of the City's portion of the total sewer construction costs. It is, therefore, the recommendation of this Committee that the following actions be taken: 1. That the report be approved and placed on file; and That the agreement with Grunwald, Crawford and Associates be approved and the Mayor be authorized to execute. After discussion, upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 6-77 regarding Air Quality Maintenance Planning, was accepted; and agreement with Grunwald, Crawford and Associates, was approved and the Mayor was authorized to execute same. Councilman Sceales, member of the Governmental Efficiency and Personnel Committee, read Report No. 7-77 regarding Public Works Reorganization and Deputy City Attorney Reclassification as follows: Bakersfield, California, April 4, 1977 - Page 11 The Governmental Efficiency and Personnel Committee has held several meetings with the staff regarding reorganization of the City's Public Works Department. This reorganization is requested at this time, in that the Deputy Public Works Director classification is vacant and recommended to be eliminated, and also because of the increased work load in the Engineering Section. Attached to this report is information submitted to the GEP Committee by the staff which clearly points out the need for this reorganization. As you will note, the tract and parcel map processing and the number of annexations processed by the Engineering Section have more than doubled in the last year and one-half in comparison to past years. The size of the City in square miles has increased nearly 20% in the past five years and could double during this next year. Engineering Services has reached the point where they have nearly $1,500,000 in projects backlogged. The Council can take pride in the fact that they have held the line over the years in the total number of City employees in comparison to other governmental agencies. However, due to annexations and building growth within the City which, by the way, presently represents 62% of all the building taking place in Kern County, we must recognize the fact that the departments cannot operate with the same number of personnel indefinitely. For example, the Engineering Section has not had an increase in personnel in the last fifteen years. In order to keep up with the persent work load the GEP Committee is recommending Council approval of the following: 1. Eliminate the Deputy Public Works Director classification. Create the classification of Assistant Public Works Director at a salary range of $1,920 to $2,334 per month and authorize two positions, one to oversee the Engineering and Waste Water Sections, the other to oversee Field Services at the City's new Corporation Yard. 3. Authorize one additional Engineering Technician I for the Traffic Section. Upgrade the salary range of the Traffic Engineer from $1,499 to $1,827 per month to $1,738 to $2,118 per month and place this classification in the Management Unit. 5. Authorize one additional position of Engineer III for the Design Section. 6. Reclassify the Account Clerk II position at the Corporation Yard to Personnel Clerk. Bakersfield, California, April 4, 1977 - Page 12 The total annual cost for these transactions will be $72,125, however, due to the length of time required to fill these vacancies and the amount of monies saved in not filling the present Deputy Director position, we are not requesting a budget transfer for the remainder of this fiscal year. Monies will be requested in the 1977-78 budget. In order to effectuate these changes we are recommending Council approval of this report and the attached job specifications and salary resolutions. In addition we are recommending approval of the reclassification o£ the present Deputy City Attorney I to Deputy City Attorney II. The City Attorney has assured us that this increase is justified at this time based on the work assignments performed by this individual. Upon a motion by Councilman Sceales, Governmental Efficiency and Personnel Committee Report No. 7-77 regarding Public Works Reorganization and Deputy City Attorney Reclassification, was accepted; and recommendations as delineated in the report, were approved. Adoption of Resolution No. 29-77 of the Council of the City of Bakers- field amending Resolution No. 46-76, setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Sceales, Resolution No. 29-77 of the Council of the City of Bakersfield amending Resolutio~ No. 46-76, 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 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3740 to 3797, inclusive, in the amount of $564,980.47. Bakersfield, California, April 4, 1977 - Page 13 13 (b) Claim for Damages from Town & Country Realty, 1330 Brundage Lane. (Refer to City Attorney) (c) Map of Tract No. 3842 and Improvement Agreement for construction of improve- ments therein located at northwest corner of Stockdale Highway and Ashe Road. (d) Improvement Agreement for Parcel Map No. 4026 as required by the Planning Commission. (e) Request from J. Edgar Dunn Realty, 2324 Brundage Lane, for annexation of property lying east of Union Avenue between White Lane and Pacheco Road and containing approximately 68 acres of land. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d) and (e) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None Action on Bids. Upon a motion by Councilman Strong, Annual Contract for Automotive Batteries with Fleet Parts & Instruments, was terminated because batteries offered by this company did not meet bid speci- fications; and Annual Contract for Automotive Batteries was awarded to the next lowest bidder A-1 Battery and the Mayor was authorized to execute the contract. Upon a motion by Councilman Ratty, low bid of W. M. Lyles Company for construction of Sanitary Sewer Main in portions of Belle Terrace, Westwind and 21st Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Deferred Business. Deferral of action on Charter Review Commission. At the Council Meeting of March 28, 1977, Councilman Barton proposed that the Council appoint a Charter Review Commission Bakersfield, California, April 4, 1977 - Page to be comprised of 15 members (each Councilman appoint two members and the Mayor appoint one member) in order to have a wide repre- sentation of the citizens of Bakersfield. In the recommendation Councilman Barton requested that the Commission be appointed and active by June l, 1977 so that there will be sufficient time to make recommendations to the Council for presentation to the voters at the primary election in June, 1978. After discussion, upon a motion by Councilman Rogers, action on Charter Review Commission was deferred for one additional week for a report from the staff regarding some of the ramifications involved in appointing a commission of this type. Councilman Barton voted in the negative on this motion. New Business. Adoption of Resolution No. 30-77 of the Council of the City of Bakers- field authorizing Assignment of Lease of Beach Park Property. The Lease Agreement between the City and Burke, Kuttler and Beguelin for the racquetball complex requires a City resolutio~ for any assignment. This assignment is made for the purpose of establishing a limited partnership consisting of the same three original signators to the lease. Upon a motion by Councilman Rogers, Resolution No. 30-77 of the Council of the City of Bakersfield authorizing Assignment of Lease of Beach Park Property, was adopted by the following roll call vote: Ayes: Councilmen Medders, Ratty, Rogers, Sceales, Strong, Barton, Christensen Noes: None Absent: None Approval of Lease between the City of Bakersfield and Burke, Kuttler and Beguelin for Beach Park Property. Upon a motion by Councilman Rogers, Lease between the City of Bakersield and Burke, Kuttler and Beguelin for Beach Park Property, was approved and the Mayor was authorized to execute same. Bakersfield, California, April 4, 1977 - Page 15 Approval of Contract with Book Publishing Company for Annual Supplementation of the Municipal Code. Upon a motion by Councilman Rogers, Contract with Book Publishing Company for annual supplementation of the Municipal Code at $17.00 per page, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield and Mr. & Mrs. Leroy Paslay, 2821 Parkway, for operation of Concession Stand at Beach Park. Upon a motion by Councilman Rogers, Agreement between the City of Bakersfield and Mr. & Mrs. Leroy Paslay, 2821 Parkway, for operation of Concession Stand at Beach Park, was approved and the Mayor was authorized to execute same. Approval of Minute Order setting April 25, 1977 as the date for hearing an Appeal by L. C. Webb, Jr. to decision of the Board of Zoning Adjustment. Upon a motion by Councilman Rogers, Minute Order setting April 25, 1977 as the date for hearing an Appeal by L. C. Webb, Jr. to decision of the Board of Zoning Adjustment, was approved. Councilman Rogers made a motion that the staf£ be instructed to prepare a report regarding ramifications of changing the Council Meeting date from every Monday night to the 2nd and 4th Tuesday of each month. Councilman Strong requested that Councilman Rogers include a provision in his motion whereby the staff would evaluate the average amount of time each Council Meeting takes. Councilman Sceales requested that the report include a provision that if there is ever any urgent business that the Council can hold a Special Meeting upon twenty-four hours notice. Councilman Barton requested that the staff include in the report meeting dates of School Boards, Commissions, Committees, etc. 16 Bakersfield, California, April 4, 1977 - Page 16 Councilman Strong also suggested that the staff include the feasibility of meeting once a month. Councilman Rogers' motion that the staff be instructed to prepare a report to be returned to the Council regarding ramifications of changing the Council Meeting date from every Monday night to the 2nd and 4th Tuesday of each month or twice each month and incorporate in that report the suggestions of the other Councilmen. This motion was unanimously approved. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 10:50 P.M. MAY~~l~o~ield, Calif. ATTEST: CITY C~t~K and Ex-Off/~cio Clerk of the Council of the~City of Bakeryield, California ma Bakersfield, California, April 11, 1977 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 11, 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: Present: Mayor Hart. Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Absent: None Minutes o£ the regular meeting of April 4, approved as presented. Presentation of Retirement Plaque. Mayor Hart presented a retirement plaque Ragsdale, who completed 21 years of service with Bakersfield, effective March 17, 1977. Scheduled Public Statements. Mr. Joe McCann, blocks of Redlands Drive, children in this area and 1977 were to Mr. John L. the City of representing residents in the 3200-3300 stated that because of the danger to the number of accidents due to speeding and reckless driving they would ~ike to request that the City install a 4-Way Stop Sign at the intersection of Redlands Drive and Auburn Street. Mr. Tom Edwards, 3325 Redlands Drive, requested that something be done to slow the traffic on this street. Mrs. Andrea Christensen, residing on the corner of Redlands Drive and Auburn Street, stated that she is concerned for the safety of her children. Mrs. Marjorie Holt, 3201 Redlands Drive, stated that their property has been damaged several times and she is also concerned about the safety of the children living on this street. Upon a motion by Councilman Rogers, traffic problem on Redlands Drive between Auburn and Pasadena Streets, was referred Bakersfield, California, April 11, 1977 - Page 2 to the Traffic Authority and Police Department for a thorough study and report back to the Council as rapidly as possible. Correspondence. Upon a motion by Councilman Sceales, communication from Dr. Claude W. Richardson, County Superintendent of Schools, dated April ll, 1977, thanking the Mayor and Council for providing for the installation of a traffic signal at the intersection of New Stine Road and Sundale Avenue, was received and ordered placed on file. Council Statements. Adoption of Resolution No. 31-77 of the Council of the City of Bakers- field declaring the week of April 25-29, 1977, as "California's Forgotten Victims Week." Upon a motion by Councilman Ratty, Resolution No. 31-77 of the Council of the City of Bakersfield declaring the week of April 25-29, 1977, as "California's Forgotten Victims Week," was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None Councilman Ratty commented on a letter from Jose Gonzales that appeared in the Bakersfield Californian on Wednesday, April 2nd, regarding the Garces Statue. Councilman Ratty stated that the Council did not vote to move the statue and did not comment that it does not look good at its present site. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3798 to 3887, inclusive, in the amount of $103,090.83. (b) Storm Drain Easement from Title Insurance and Trust Company providing access for future storm drain to be constructed from Auburn Street to existing drainage facili- ties within Freeway 178 as required for Parcel Map No. 3697. Bakersfield, California, April 11, 1977 - Page 3 19 (c) Alley Easement from Laura G. Churchman and Michael A. MacDuff located at east end of Parkwood Court and west of the Stine Canal. (d) Street Right-of-Way Deed from Ming Investments located at southeast corner of Ming Avenue and Akers Road. (e) Improvement Agreement for Parcel Map No. 3624 for improvements required by the Planning Commission. (f) Notice of Completion and Acceptance of Work on pavement improvements on portions of Planz Road, Ashe Road and Stine Road - Contract No. 77-16 with Griffith Company. Plans and Specifications for construction of Traffic Signal Systems at Chester Ave. and Truxtun Avenue, 34th and "Q" Streets, Sundale Avenue and New Stine Road, and Truxtun Avenue and "H" Street, and Street Improvements at Chester Avenue and Truxtun Avenue and Sundale Avenue and New Stine Road. (h) Request from Moreland Engineering, Inc. for amendment to the General Plan for property located within Tract No. 3915. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, bid of Three Way Chevrolet for 7,200 Lbs. G.V.W. Pickup Truck and 7,400 Lbs. G.V.W. Van, was accepted. Deferred Business. Deferral of action on Charter Review Commission. At the Council Meeting of April 4, 1977 action on a Charter Review Commission was deferred for one week for a report from the staff. Bakersfield, California, April ll, 1977 - Page 4 After discussion, upon a motion by Councilman Rogers, action on a Charter Review Commission was deferred until the staff has completed a comprehensive report, by the following roll call vote: Ayes Noes Absent: Councilmen Ratty, Rogers, Sceales, Christensen, Medders None None Strong, Barton, New Business. First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 16.12.050, 16.24.112, 16.24.116, 16.24.132, 16.36.112 and Chapter 16.40 of Title 16 of the Municipal Code concerning Subdivision Regulations to supplement and imple- ment the Subdivision Map Act. This proposed ordinance was recommended by the Planning Commission and would require the filing of Preliminary Soil Report and Grading Plan for subdivisions and an Engineer's recommendation to prevent structural damage where problems exist. Final Maps and Parcel Maps could be approved subject to the condition that no Building Permit could be issued until a Final Soil Report certifying corrective action has been completed and until grading work, including installation of drainage facilities and erosion- control measures are completed in accordance with grading plan. The ordinance also corrects errors in and conforms the Subdivision Ordinance with recent changes in the Map Act. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Sections 16.12.050, 16.24.112, 16.24.116, 16.24.132, 16.36.112 and Chapter 16.40 of Title 16 of the Municipal Code concerning Subdivision Regulations to supplement and implement the Subdivision Map Act. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 17.47 to Title 17 of the Municipal Code providing regula- tions for Planned Commercial Develop- ments. Bakersfield, California, April 11, 1977 - Page 5 Ayes: Noes: Absent: This proposed ordinance was recommended by the Planning Commission and creates a Planned Commercial Development (PCD) Zone, very similar to the present Planned Residential Development Zone. It will permit diversification in the relationship of various professional and commercial uses so that the scheme of the entire development will be known in detail in advance of building. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 17.47 to Title 17 of the Municipal Code providing regulations for Planned Commercial Developments. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 11.04.500 of the Municipal Code concerning Alley Parking. This proposed ordinance would permit business vehicles as well as DMV-registered commercial vehicles to park in alleys for one hour when deliveries are being made. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 11.04.500 of the Municipal Code concerning Alley Parking. Adoption of Resolution No. 32-77 of the Council of the City of Bakers- field requesting the California Highway Commission to widen the Planz Overcrossing at 99 Freeway. Upon a motion by Councilman Sceales, Resolution No. 32-77 of the Council of the City of Bakersfield requesting the California Highway Commission to widen the Planz Overcrossing at 99 Freeway, was adopted by the following roll call vote: Councilmen Ratty, Rogers, Sceales, Strong, Barton, Christensen, Medders None None Approval of Cooperative Agreement between the City and C~unty of Kern for construction of drainage facilities along Oswell Street near College Avenue. Bakersfield, California, April ll, 1977 - Page 6 Upon a motion by Councilman Rogers, Cooperative Agree- ment between the City and County of Kern for construction of drainage project along Oswell Street near College Avenue, was approved and the Mayor was authorized to execute same. Rearings. This is the time set for public hearing on Resolution of Intention No. 918 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of East 19th Street between Gage Street and Beale Avenue, in the City of Bakersfield. This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Strong, hearing on of Intention No. 918 regarding the vacation of a portion 19th Street between Gage Street and Beale Avenue, was continued until April 25, 1977 due to the interest shown on the project and opposition of one resident, with the idea that those persons would have the opportunity to be heard, by the following roll call vote: Ayes Councilmen Ratty, Rogers, Sceales,Strong, Barton, Christensen, Medders Noes None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 8:50 P.M. MAY City of Bakersfield, Calif. ATTEST:. ~d CIT'Y~L~RK E icio Clerk of the Council of t~e City of ~akersfield, California Resolutio~ of East ma Bakersfield, California, April 18, 1977 23 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., April 18, 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: Present: Mayor Hart. Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Absent: None Minutes of the regular meeting of April approved as presented. Scheduled Public Statements. Mr. Warren Nettleton, 5904 Carissa Avenue, ll, 1977 were stated that he owns apartments and since beginning service with Bakersfield Cable TV there has been four years of incorrect bills, mistakes, failures to credit payments, irregular billings, lost checks and disconnect notices despite their continual attempts to reconcile the account and make correct payments. Mr. Nettleton requested that the Council help to resolve this situation. Councilman Christensen made a motion that the staff request Bakersfield Cable TV to resolve Mr. Nettleton's problem and make a report to the Council on what was done to correct it. This motion was unanimously approved. Correspondence. Upon a motion by Councilman Rogers, communication from the State Department of Transportation, dated April 7, 1977, in- forming the City that the relinquishment of superseded State Highway Route 58 (Sumner Street) was recorded, was received and ordered placed on file. Upon a motion by Councilman Rogers, communication from the State Department of Transportation, dated April 12, 1977, regarding Notice of Intention to relinquish various frontage roads Bakersfield, California, April 18, 1977 - Page 2 in connection with Freeway 58 south of Brundage Lane, was received and referred to the staff. Upon a motion by Councilman Rogers, communication from the State Department of Transportation, dated April 13, 1977, re- garding construction of ramps on Route 178 at Mt. Vernon Avenue, was received and ordered placed on file. Upon a motion by Councilman Medders, communication from Mrs. Sofiea B. Clerico, 4409 Hillsborough Drive, requesting a variance in the Home Occupation Ordinance, Section 17.08.280, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Christensen, communication from Mrs. Eve Derby Stockton, President of the Kern Audubon Society, dated March 31, 1977, requesting that the land along the Kern River' west of Bakersfield, north of Panama Lane and east of Enos Lane, totaling approximately 2760 acres, be designated as an educational study area and wildlife preserve, was received, ordered placed on file and referred to the Water and City Growth Committee. Council Statements. Upon a motion by Councilman Christensen, communication from Sierra Club, Kern-Kaweah Chapter, requesting Council support in the passage of SB 4 ("Bottle Bill"), was received and referred to the Legislative Committee for study and recommendation back to the Council at next week's meeting. Reports. Councilman Christensen, Chairman of the Auditorium- Recreation Committee, read Report No. 4-77 regarding Revision of Use of State Park Funds, as follows: In January, 1977, the Council authorized the staff to apply for State Park Funds under the Urban Open-Space and Recreation Program for certain improvements at Lowell and Beach Parks. However, the City has recently been informed by representatives of the State Department of Parks and Recreation that Beach Park will not Bakersfield, California, April 18, 1977 - Page 3 qualify for grant funds under this program as it cannot be considered a neighborhood park. The Parks Superintendent has suggested improve- ments at Beale, Jefferson and California Avenue Parks (see Attachment I) be substituted in the grant application for those at Beach Park. This Committee concurs with these and recommends the Council authorize the staff to revise the application to provide for these changes and approve the attached resolution. Upon a motion by Councilman Christensen, Auditorium- Recreation Committee Report No. 4-77 regarding Revision of Use of State Park Funds, was accepted. Adoption of Resolution No. 33-77 of the Council of the City of Bakers- field approving the Block Grant Application for Grant Funds under Urban Open-Space and Recreation Program for improvements at Lowell, Beale, Jefferson and California Avenue Parks. Upon a motion by Councilman Christensen, Resolution No. 33-77 of the Council of the City of Bakersfield approving the Block Grant Application for Grant Funds under the Urban Open-Space and Recreation Program for improvements at Lowell, Beale, Jefferson and California Avenue Parks, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3888 to 3965, inclusive, in the amount of $177,888.42. (b) Claim for Damages from Catherine Dounies, 240 South Real Road, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Donna Marie Sequeido and Margaret Jestice, 1306 Niles Street, Apt. K, Bakersfield. Refer to City Attorney) Bakersfield, California, April 18, 1977 - Page 4 (d) Claim for Violation of Civil Rights from Lewis Verne Wickliffe, 301-A Chester Ave., Bakersfield. (Refer to City Attorney) (e) Map of Tract No. 3846 and Improvement Agreement for construction of improve- ments therein, located at southwest corner of Brewer Avenue and LaCosta St. (f) Map of Tract No. 3882 and Improvement Agreement for construction of improve- ments therein, located south of Ming Avenue and east of Ashe Road. (g) Notice of Completion and Acceptance of Work on street and sewer improvements under Parcel Map No. 2912 - Contract No. 76-13 with J. L. Dandy Co. (h) Notice of Completion and Acceptance of Work on street and sewer improvements under Parcel Map No. 2913 - Contract No. 75-113 with Kern-Cal Corporation. (i) Notice of Completion and Acceptance of Work on street and sewer improvements under Parcel Map No. 3162 - Contract No. 75-108 with Motel 6, Inc.,Expansion Department. (J) Notice of Completion and Acceptance of Work on street improvements under Tract No. 3809 - Contract No. 76-141 with Tenneco Realty Development Corporation. (k) Application for Encroachment Permit from Clorine Patterson, 1700 Clark Avenue. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Deferred Business. Adoption of Ordinance No. 2331 New Series of the Council of the City of Bakersfield amending Sections 11.04.490 and 11.04.500 of the Municipal Code concerning Loading Zones and Alley Parking Upon a motion by Councilman Ratty, Ordinance No. 2331 New Series of the Council of the City of Bakersfield amending Bakersfield, California, April 18, 1977 - Page 5 Sections 11.04.490 and 11.04.500 of the Municipal Code concerning Loading Zones and Alley Parking, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Adoption of Ordinance No. 2332 New Series of the Council of the City of Bakersfield amending Sections 16.12.050, 16.24.112, 16.24.116, 16.24.132, 16.36.112 and Chapter 16.40 of Title 16 of the Municipal Code concerning Subdivision Regula- tions to supplement and implement the Subdivision Map Act. Upon a motion by Councilman Strong, Ordinance No. 2332 New Series of the Council of the City of Bakersfield amending Sections 16.12.050, 16.24.112, 16.24.116, 16.24.132, 16.36.112 and Chapter 16.40 of Title 16 of the Municipal Code concerning Sub- division Regulations to supplement and implement the Subdivision Map Act, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Adoption of Ordinance No. 2333 New Series of the Council of the City of Bakersfield adding Chapter 17.47 to Title 17 of the Municipal Code providing regulations for Planned Commercial Developments. Upon a motion by Councilman Strong, Ordinance No. 2333 Absent: None New Series of the Council of the City of Bakersfield adding Chapter 17.47 to Title 17 of the Municipal Code providing regulations for Planned Commercial Developments, was adopted by the following roll call vote: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Ayes Noes None Absent: None Bakersfield, California, April 18, 1977 - Page 6 Approval of Community Development Block Grant Application. On February 28, 1977, the Council reviewed the proposed plan for the $820,000 H.U.D. Community Development Block Grant application and authorized the staff to proceed with the preparation of a final application. This application represents the same plan as previously reviewed. Filing deadline is May 17, 1977, and Council action will allow the required three week final environmental certification process. This process will end May 13, 1977, three days before the deadline. After discussion, upon a motion by Councilman Ratty, Community Development Block Grant Application, was approved and the City Manager was authorized to submit application to H.U.D., by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Ratty Noes: Councilmen Rogers, Sceales, Medders Absent: None New Business. Approval of Assignment of two Power Agreements with Pacific Gas and Electric Company. These agreements provide for payment to the City for advances made by Tenneco for power lines to operate control structures on the river canal and pioneer canal. Upon a motion by Councilman Rogers, Assignment of two Power Agreements with Pacific Gas and Electric Company, were approved and the Mayor was authorized to execute same. Approval of Annexation boundaries designated as Wilson Road No. 3. Upon a motion by Councilman Sceales, Annexation boundaries designated as Wilson Road No. 3, containing approximately 3 acres of uninhabited territory, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Bakersfield, California, April 18, 1977 - Page 7 29 Hearings This is the time set for deferred public hearing on an Appeal by Rick Montoya to the decision of the Board of Zoning Adjustment denying Clarence H. Santy's application for a Zone Modification to allow an existing six-foot fence approximately twelve feet from curb, and seven feet from sidewalk and within the ten foot sideyard setback in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 2901Estero Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This hearing was rescheduled from the Council Meeting of March 21, 1977 due to an illness in the Montoya family. The Board of Zoning Adjustment was of the opinion this requested modification would not be consistent with the purposes and intent of the Zoning Ordinance and it is not necessary to secure an appropriate improvement on this reverse corner lot. Mayor Hart declared the hearing open for public partici- pation. Mr. Rick Montoya requested that the Council grant modification to allow an existing 6 foot fence to remain as the the mistake was made by the developer before he purchased the property. Mr. Montoya also submitted a letter from his neighbor, Harold P. Bopp, 4605 Hahn Avenue, stating the fence does not obstruct their view and allows more privacy. Mrs. Jean Webb stated that they have an appeal scheduled for next week for the same situation and requested that the modification be granted. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. After discussion, upon a motion by Councilman Sceales, Zoning Resolution No. 253 granting modification of the Land Use 3O Bakersfield, California, April 18, 1977 - Page 8 Zoning Ordinance of the City of Bakersfield to permit an existing six-foot high grapestake fence to encroach into the required side street yard setback to within two feet of the property line on that certain property commonly known as 2901Estero Street, 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 on application by Bonneville Corporation to amend the zoning boundaries from a C-1 (Limited Commercial) Zone and an R-1 (One Family Dwelling) Zone to a C-2 (Commercial), or more restrictive, Zone, affecting those certain properties in the City of Bakersfield commonly known as 2915 Brundage Lane and 12, 16 and 20 South Olive Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. These properties, containing approximately .73 acres were a portion severed and isolated from the residential neighbor- hood to the south when Route 58 Freeway was constructed. All land in the vicinity between Route 58 Freeway and Brundage Lane is zoned C-2. This proposed C-2 (Commercial) zoning would be consistent with the Land Use Element of the General Plan. An environmental assessment was made and a negative declaration was posted on March 2, 1977. No one appeared at the Planning Commission meeting objecting to the proposed zoning. The Planning Commission recommended to the City Council that the C-2 zoning be approved as requested and as advertised. Mayor Hart declared the hearing open for public partici- pation. Mr. Sam Smith of Thompson Realty, representing the appli- cant Bonneville Corporation, was present to answer questions of the Council. No protests or objections being received, the public Bakersfield, California, April 18, 1977 - Page 9 31 portion of the action. Upon hearing was closed for Council deliberation and a motion by Councilman Medders, Ordinance No. 2334 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 2915 Brundage Lane and 12, 16 and 20 South Olive Street and finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Medders, Noes: None Absent: None Sceales, Strong, Barton, Christensen, Ratty Executive Session. Upon a motion by Councilman Rogers, the Council recessed to an Executive Session for consultation with Nicholas Counter, the City's Labor Negotiator. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Barton, the meeting was adjourned at 9:50 P.M. MAY he it ~y~ ATTEST: ~LER~K~ndEx~o CIT a Clerk of the Council of the City of Bakgrsfield, California ma Bakersfield, California, April 25, 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., April 25, 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 Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers None Minutes of the regular meeting of April 18, 1977 were approved as presented. Scheduled Public Statements. Mr. Jack Collier, 2931 California Avenue, requested information on the Police Department's ticketing policy because he has been getting tickets on his car and there are several vehicles in this area that have been sitting in the same spot for months without being given a violation. Mr. Collier stated that this has been going on since he had a conversation with a Police Officer regarding several burglaries that took place at his place of business. Councilman Rogers made a motion that Mr. Collier's complaint regarding the Police Department's ticketing policy and his conversation with the Police Officer, be referred to the Police. Chief for investigation and report back to the Council. Councilman Medders stated that he has already requested Police Chief Price to investigate this matter and report to the Council. Councilman Rogers withdrew his motion. Mr. John Evans, representing residents on Hughes Lane, presented a Petition to the Director of Public Works opposing the proposed widening of Hughes Lane between Ming Avenue and Wilson Road. Bakersfield, California, April 25, 1977 - Page 2 33 Correspondence. A communication was read into the record from Bakersfield Cable TV, Inc., dated April 21, 1977, responding to a complaint from Mr. Warren Nettleton regarding his account. Mr. Warren Nettleton, 5904 Carissa Avenue, stated that contrary to what the letter from Bakersfield Cable TV states that their account has not been completely reconciled and suggested that they maintain accounts for this area in Bakersfield rather than at their main office. Upon a motion by Councilman Rogers, communication from Bakersfield Cable TV, Inc., dated April 21, 1977, requesting new additional categories of rates and services, was received and referred to the staff for a recommendation at which time the Council will probably set a date for public hearing. Mr. Howard Channell, General Manager of Bakersfield Cable TV, Inc., explained, in response to Mr. Nettleton's problem, that the accounts are processed through a computer and there is always a lag time between the time the payment is received and they receive a read-out. Council Statements. Upon a motion by Councilman Rogers, Mrs. Jill Haddad, 2501 Crest Drive, was reappointed to the Planning Commission, term expiring April 17, 1981. Reports. City Manager Bergen read a report regarding Charter Review Commission, as follows: At the City Council meeting of April ll, the City Council directed the staff to prepare a report which would give the Council some infor- mation on the kinds of changes that may be covered by a Charter Review Commission. Attached to this report is a complete list of all of the Charter Committees that have been formed since the Charter was initially adopted in 1915. Also attached is a copy of the cover sheet of the Charter indicating the dates on 34 Bakersfield, California, April 25, 1977 - Page 3 which it has been amended. I have also attached, for the Council's reference, a detailed listing of all of the Charter provisions which have been put before the electorate over the last twenty years, and indicated whether those pro- positions have passed or failed. The staff would recommend that any review of the Charter be done in two steps. The first step would be to review the Charter provisions which have been superseded either by legislative action of the State or by case law. Attached to this report is a memorandum from the City Attorney which details these kinds of changes. After that review is completed, then the Com- mission could review the remaining provisions as they deem necessary without having to be concerned that they may be dealing with pro- visions which are no longer legal. This would, the staff feels, aid the Commission in the development of their review schedule. The staff has not, at this point, made any recommendations as to how the Commission should be formed, the size of the Commission, or other areas of this nature. We stand ready to help the Council make this determination if they so desire. Councilman Barton made a motion that the Council estab- lish a 15 member Charter Review Commission (2 appointed by each Councilman and I appointed by the Mayor) and authorize the staff to assist this Commission in their efforts. Councilman Rogers offered a substitute motion that first the staff submit a report making recommendations regarding the elimination of archaic sections or sections that have been superseded either by legislative action of the State or by case law from the Charter, and then the Council establish a 9 member Charter Review Commission (each Councilman appoint i member from his Ward and the Mayor appoint 2 members at large). After a lengthy discussion, Councilman Rogers' substitute motion failed to carry by the following roll call vote: Ayes: Councilmen Sceales, Medders, Rogers Noes: Councilmen Strong, Barton, Christensen, Ratty Absent: None Councilman Barton stated that he would suggest that the staff make the Charter Review Commission aware of the Charter Bakersfield, California, April 25, 1977 - Page 4 35 sections that are no longer valid because they have been superseded either by legislative action of the State or by case law. After further discussion, Councilman Barton's motion that the Council establish a 15 member Charter Review Commission (2 appointed by each Councilman and i appointed by the Mayor) and authorize the staff to assist this Commission in their efforts, was approved by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Ratty Noes: Councilmen Sceales, Medders, Rogers Absent: None City Attorney Hoagland stated that the people who serve on this Charter Review Commission must be residents of the City. Upon a motion by Councilman Barton, Report from the City Manager regarding Charter Review Commission, was received and ordered placed on file. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3966 to 4132, inclusive, in the amount of $225,780.07. (b) Map of Tract No. 3870 and Improvement Agreement for construction of improve- ments therein - located north of Ming Avenue and west of Ashe Road. (c) Map of Tract No. 3871 and Improvement Agreement for construction of improve- ments therein - located north of Ming Avenue and west of Ashe Road. (d) Map of Tract No. 3872 and Improvement Agreement for construction of improve- ments therein - located north of Ming Avenue and west of Manning Street. (e) Map of Tract No. 3873 and Improvement Agreement for construction of improve- ments therein - located north of Ming Avenue and west of Manning Street. (f) Map of Tract No. 3874 and Improvement Agreement for construction of improve- ments therein located north of Ming Avenue and west of Manning Street. 36 Bakersfield, California, April 25, 1977 - Page 5 (g) Map of Tract No. 3875 and Improvement Agreement for construction of improve- ments therein - located north of Ming Avenue and west of Manning Street. (h) Request from Galey's Marine Supply, Inc., Don Galey owner, 404 Bernard Street, for annexation of property located on north side of Bernard Street between Inyo and Tulare Streets, containing one-half City block. (Refer to Planning Commission for study and recommendation) Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: None New Business. Adoption of Resolution of Intention No. 919 of the Council of the City of Bakersfield, declaring its intention to order the vacation of portions of 32nd, 33rd and "K" Streets, in the City of Bakersfield. Upon a motion by Councilman Ratty, Resolution of Intention No. 919 of the Council of the City of Bakersfield, declaring its intention to order the vacation of portions of 32rid, 33rd and "K" Streets, in the City of Bakersfield and setting May 23, 1977 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: None Adoption of Resolution of Intention No. 34-77 of the Council of the City of Bakersfield declaring its intention to grant renewal of Spur Track Permit in and along 15th Street between "O" and "N" Streets to the Atchison, Topeka and Santa Fe Railway Company, pursuant to City Charter proceedings for granting of franchise. Bakersfield, California, April 25, 1977 - Page 6 37 No. 34-77 intention This resolution prepared pursuant to the City Charter, expresses an intention of the City Council to grant a 21-year revocable Spur Track Permit to Santa Fe to continue to maintain its spur track in 15th Street between "O" and "N" Streets and sets a hearing for May 23rd for opportunity of public to voice any objections to the granting thereof. Santa Fe's 25-year franchise expired on December 19, 1976. Upon a motion by Councilman Ratty, Resolution of Intention of the Council of the City of Bakersfield declaring its to grant renewal of Spur Track Permit in and along 15th Street between "0" and "N" Streets to the Atchison, Topeka and Santa Fe Railway Company, pursuant to City Charter proceedings for granting of franchise and matter before the Council, setting May 23, was adopted by vote: Ayes: Councilmen Sceales, Strong, Ratty, Rogers Noes: None Absent: None Barton, 1977 for hearing on the the following roll call Christensen, Medders, Denial of request of Louie Tessendori for annexation to the City of two vacant lots located on northwest corner of Quincy Street and Miller Street. Subject request for annexation was received by the City Council on February 23, 1976 and referred to the Planning Commission on March 1, 1976. The staff advised Mr. Tessendori to solicit endoresments from the property owners (within this one-half block) to add their properties to his request for annexation and he was not successful in obtaining their approval. The Planning Commission was of the opinion that there would not be any particular economic or functional advantages to the City annexing these small parcels. The Planning Commission recommended against annexing this property to the City until the owners of at least the one-half block request annexation. Bakersfield, California, April 25, 1977 - Page 7 After discussion, upon a motion by Councilman Strong, request of Louie Tessendori for annexation to the City of two vacant lots, 25' x 150' in size, located on the northwest corner of Quincy Street and Miller Street, was denied. Councilman Christensen requested that the staff contact the Kern County Assessor and determine how property assessments are made on houses, buildings, etc., that are partially located in the City and partially in the County. Approval of Lease Agreement with Haberfelde Ford. This lease is for the property of Haberfelde's which the City has purchased. It is for $1,000 per month per the agreement at the time the City purchased the property. Haberfelde intends to vacate the property around October of this year. Upon a motion by Councilman Ratty, Lease Agreement with Haberfelde Ford for property City purchased from them, was approved and the Mayor was authorized to execute same. Approval of Agreement between the City of Bakersfield, Kern County Water Agency and State Reclamation Board providing for sharing of cost of aerial photography and topography mapping of Kern River between Golden State Avenue and the mouth of the Kern River Canyon. The Reclamation Board is developing river profiles and encroachment lines for a 100-year flood along this segment of the river and the Public Works Department recommends that recent data should be used in lieu of existing data in developing the maps. The Reclamation Board agreed to pay one-half of the cost for new data with the remainder to be shared between the City and the Kern County Water Agency on the basis of the portions of the river within the City or County. Total cost of the work is $30,500 and the City's share is $5,500. Upon a motion by Councilman Rogers, Agreement between the City of Bakersfield, Kern County Water Agency and State Reclamation Bakersfield, California, April 25, 1977 - Page 8 39 Board providing for sharing of cost of aerial photography and topography mapping of Kern River between Golden State Avenue and the mouth of the Kern River Canyon, was approved and the Mayor was authorized to execute same. Approval of acquisition of property from Southern Pacific Land Company as part of the Bakersfield Sub- regional Sewage System. This purchase is for 2,790 acres which is the major part of the land to be acquired as a disposal site for treated effluent from Wastewater Treatment Plant No. 2. The total cost is $2,738,399.73, of which 87½% will be paid by Federal and State grant funds and 12½% local funds. This local share will be paid with Sewer Bond Funds and is a budgeted item. Upon a motion by Councilman Rogers, acceptance of Deeds, Leases and Escrow Instructions and authorization for funds to be placed in Escrow for acquisition of property from Southern Pacific Land Company as part of the Bakersfield Subregional Sewage System, was approved. Hearings. This is the time set for public hearing on an appeal by L. C. Webb to the decision of the Board of Zoning Adjustment regarding his application for a Zone Modification for the purpose of leaving an existing six-foot fence approximately fourteen feet in from curb and within the ten foot sideyard setback in an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 4500 Santanna Avenue. 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. Mr. L. C. Webb requested that the Council grant the modification to allow an existing 6 foot fence to remain as the 40 Bakersfield, California, April 25, 1977 - Page 9 mistake was made by the developer before he purchased the property. Mr. Lorry G. Patt, neighbor of Mr. Webbs, stated that the fence does not obstruct their view and they would pre£er it remain the way it was constructed. 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, Zoning Resolution No. 254 granting modification of the Land Use Zoning Ordinance of the City of Bakersfield to allow an existing 6-foot high grape- stake fence to encroach into the required side street yard setback to within 2 feet of the property line on that certain property commonly known as 4500 Santanna Avenue, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: None This is the time set for continued public hearing before the Council on Resolution of Intention No. 915 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of East 19th Street between Gage Street and Beale Avenue, in the City of Bakersfield. This hearing has been duly advertised and posted. This hearing was continued from the Council Meeting of April ll, 1977. Mr. Harlan McFarland, owner of McFarland Motors at 1201 East Truxtun Avenue, presented a petition from residents and business owners in this of East 19th Street. Mr. A1 Russie, area opposing the vacation of a portion representing the Russie Trust, stated that he favors the closing of this portion of East 19th Street because their property cannot be sold or used due to easement and curb and gutter requirements. Bakersfield, California, April 25, 1977 - Page 10 Upon a motion by Councilman Strong, action on Resolution of Intention No. 918 regarding the vacation of a portion of East 19th Street between Gage Street and Beale Avenue, was held over and will be rescheduled for hearing the following roll call vote: Ayes: Noes: Absent: Councilmen Sceales, Strong, Ratty, Rogers Council in approximately 60 days, by Barton, Christensen, Medders, None None This is the time set for public hearing before the for hearing protests by persons owning real property within territory designated as "College 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. Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public hearing was closed for Council deliberation and pation. portion of the action. Upon of the Council a motion by Councilman Rogers, Resolution No. 35-77 of the City of Bakersfield declaring that a majority protest has not been made to the annexation of "College No. 1," 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, Rogers Noes: None Absent: None Upon a motion by Councilman Rogers, Ordinance No. 2335 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "College No. 1," and providing for the taxation of said territory to pay Bakersfield, California, April 25, 1977 - Page the bonded indebtedness of said City, was roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Ratty, Rogers Noes: None Absent: None adopted by the following Christensen, Medders, This is the time set for public hearing before the Council of the City of Bakersfield on the initiated action by the Planning Commission to Zone Upon Annexation to an R-1 (One Family Dwelling) and an R-2-D (Limited Multiple Family Dwelling - Archi- tectural Design), or more restrictive, Zones, affecting that certain property in the County of Kern located generally south and east of Bakersfield Country Club, known as "College No. 1" Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This zoning upon annexation contains approximately 400 undeveloped acres, except for two water storage tank sites. Two City approved tentative subdivision maps, containing 383 lots, have been filed on the westerly portion. One of the owners of subject property attended the Planning Commission hearing on this matter and requested R-1 zoning for the property that was advertised R-2-D. Several property owners in the unincorporated area adjacent to the annexation spoke in opposition to the R-2 zoning. An environmental assessment was made and a Negative Declaration was posted on March 25, 1977. The Planning Commission recommended R-1 (One Family Dwelling) Zone for all property within the annexation and found said zoning consistent with the Land Use Element of the General Plan. Bakersfield, California, April 25, 1977 - Page 12 43 pation. Mayor Hart declared the hearing open for public partici- Mr. Mike Sisson, 3209 Montello Street, stated he would like to voice his opposition to the R-2 zoning and hoped that the Council would uphold the recommendations of the Planning Commission and zone all this property Dr. Thomas Reese, major owner of southern portion of the College No. 1 Annexation, requested that the R-2 zoning, as originally requested, be granted. Mr. Irvin Dalke, 3501Janene Way, requested that the Council uphold the Planning Commission recommendation and grant R-1 zoning for the entire area. Mr. Carl Moreland, representing Dr. Reese, stated that there was a misunderstanding at the Planning Commission hearing and Dr. Reese would like his property zoned R-2 as originally requested. Mrs. Jill Haddad, Planning Commission Chairman, stated that Mr. Karl Stahl requested that his property be changed from R-2 to R-1 and the Planning Commission was under the impression he owned the entire parcel requesting R-2 zoning and granted his request. Mr. Jeff Wattenbarger, partner in Wattenbarger & Stahl Developers, stated that they feel R-1 zoning would be compatible with the area they are planning to develop. No further protests or objections being received Mayor Hart closed the public portion of the hearing for Council deli- beration and action. After discussion, upon a motion by Councilman Strong, Zoning of College No. 1Annexatio~ located generally south and east of Bakersfield Country Club, was referred back to the 44 Bakersfield, Cali£ornia, April 25, 1977 - Page Planning Commission for further study and recommendation, following roll call vote: Ayes: Councilmen Sceales, Strong, Ratty, Rogers Noes: None Absent: None Barton, Christensen, by the Medders, Opposition to Senate Bill 12. Councilman Medders stated that the League of California Cities requested that prior to May 2, 1977 the Council go on record in opposition to Senate Bill 12. Councilman Christensen stated that he could not support a vote on this matter until more information was available. Upon a motion by Councilman Strong, the Council went on record in opposition to SB-12; the staff was requested to notify the League of California Cities of this action and obtain infor- mation on the bill; and if the material developed by the staff proves the Council to be in error then a Special Council Meeting will be called to correct this action. Councilman Christensen abstained from voting on this matter. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 10:15 P.M. MAi~'~'h~field, Calif. ATTEST: CI ~LE(RK and E~ Clerk of the T- ~ Council of £he City of B~kersfield, California ma Bakersfield, Cali£ornia, May 2, 1977 Minutes of a regular meeting of the Council of the City o£ Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 2, 1977. The meeting was called to order by Vice-Mayor Medders followed by the Pledge of Allegiance and Invocation by Reverend Norbert Oesch of St. John's Luthern Church. Present: Absent: The City Clerk called the roll as Councilmen Strong, Barton, Ratty, Rogers, Sceales Mayor Hart Minutes of the regular meeting of April 25, 1977 were follows: Christensen, Medders, approved as presented. Correspondence. Upon a motion by Councilman Sceales, communication from the State Department of Transportation, dated April 25, 1977, acknowledging receipt of resolution requesting widening o£ Planz Road Overcrossing, was received and ordered placed on file. Upon a motion by Councilman Rogers, communication from Bakersfield Cable TV, Inc., dated April 27, 1977, requesting deletion of a portion of the New Rate Categories and Changes that was submitted to the Council on April 25, 1977, was received and referred to Assistant City Manager Kelmar for inclusion in the staff report to the Council. Council Statements. Councilman Rogers stated that next week the Legislative Committee will submit a report to the Council regarding the Business Inventory Tax Bill. Councilman Ratty announced Westra, 913 Nimrod Court, Apt. C, to Reports. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 1-77 regarding Various Water Matters, as follows: that he appointed Mr. Clarence the Charter Review Commission. 46 Bakersfield, California, May 2, 1977 - Page 2 The purpose of this report is to bring the City Council up-to-date on the operation of the Water Department and the impact that the current drought conditions are having. The Committee will also suggest some actions to the Council. The lower river water rights of the Kern River produce a substantial quantity of water over the long-term, averaging something on the order of 45,000 acre-feet per year as a theo- retical entitlement; however, such annual entitlements occur on an average of only once in four or five years. The plan for water management of the lower river water rights will firm up a supply of water to support the Rio Bravo annexation. The Olcese Water District is acquiring a substantial portion of the lower river water rights. Water available under the lower river rights, although intermittent in occurrence, could be made more firm through storage in Lake Isabella by exchanges and/or by develop- ing a water spreading and recovery program utilizing such water. A plan for such water spreading and recovery has been under discussion in this Committee for some time, and that consideration has produced a Memorandum of Understanding between Olcese Water District and the City. The Memorandum of Understanding, which is attached for your reference, sets out the essential principles upon which a future formal agreement will be drawn. When completed, that agreement will be brought back to the Council for approval. At the same time that the Olcese negotiations have been going on, we have been working with Tenneco to arrive at an agreement whereby the City would acquire ownership to the surface rights of the Kern River channel from Manor Street downstream to the City's 2,800 acres. Under this agreement, the City would utilize Tenneco's water production facilities (wells), canals, and other water conveyance facilities in the Pioneer Canal and James Canal service areas. The agreement also provides that the City would sell to Tenneco certain quantities of the City's miscellaneous Kern River water as available and subject to all prior commit- ments under the City's existing contracts. As a third part of this agreement, the City would transfer ownership of the land it acquired on California Avenue as a potential fire station site to Tenneco, and Tenneco will, at a future date, deed to the City a site of comparable size and dimension when the southwest develop- ment requires such a station. The City's Kern River nonutility water supply averages in excess of 125,000 acre-feet per Bakersfield, California, May 2, 1977 - Page 3 year. However, in this dry year of 1977, the Kern River is probably going to produce a total supply of 155,000 acre-feet, of which the City's share will be only about 12,000 acre-feet. This is the driest year in recorded history on the Kern River. The City will deliver all of the water it has available this year, including all of the City's water stored in Lake Isabella, so that as much water as possible can be made available for irrigation. This will mean that irrigation storage in Lake Isabella will drop to its lowest stage since 1962. In spite of the dry year, revenues of the City Water Department will be sufficient to pay all operating costs and bond obligations of the water operation for 1977. The pending agreement with Tenneco and the Memorandum of Understanding with Olcese Water District will enable the City to initiate its water spreading and recovery program in the groundwater basin so that in a future dry year, the City will have banked sufficient water in groundwater storage to draw upon so that the impact of such a dry year will be greatly alleviated. Both agreements will produce sub- stantial benefits to the City and additional revenue. Therefore, it is the recommendation of this Committee that the following actions be taken: 1. That the report be approved and placed on file; That the Memorandum of Understanding with the Olcese Water District be approved; and 3. That the agreement with Tenneco be approved subject to receipt of A. B and C Exhibits satisfactory ~o ~he Ci~. Mr. Thomas M. Stetson, City's Consulting Engineer for Water matters, explained the plan for spreading and recovery of water and answered questions of the Council. Upon a motion by Councilman Rogers, Water and City Growth Committee Report No. 1-77 regarding Various Water Matters, was accepted; Memorandum of Understanding with 01cese Water District, was approved; and Agreement with Tenneco West, Inc. and Tenneco Realty Development Corporation, was approved and the Mayor was authorized to execute same, subject to receipt of Exhibits A, B and C~ satisfactory to the City. Bakersfield, California, May 2, 1977 - Page 4 City Attorney Hoagland reported on a request from the Board of Zoning Adjustment regarding Parking Leases on City-Owned Parking Lots, as follows: The Board of Zoning Adjustment has the follow- ing three matters pending: New restaurant on corner of "H" and 16th Streets. New office building on "F" Street between Truxtun Avenue and 16th Street. New office complex at Truxtun Avenue and "F" Street. All three are within a two block area and lack the required off-street parking. Rather than grant modifications it has been proposed that the City lease spaces to these businesses on City-owned parking lots at 17th and "F" Streets and the property acquired from Haberfelde Ford when it is vacated. The Board of Zoning Adjustment has delayed a decision on these three items until Tuesday, May 10, 1977, and it is requested that they be referred to the Business Development and Parking Committee for report back to the Council next Monday, May 9, 1977. Upon a motion by Councilman Barton, the matter of the request from the Board of Zoning Adjustment regarding Parking Leases on City-owned parking lots, was referred to the Business Development and Parking Committee for report back to the Council on May 9, 1977. Upon a motion by Councilman Barton, communication from the Downtown Business Association, dated April 26, 1977, regarding a parking problem in the downtown area, was received and referred to the Business Development and Parking Committee for study and recommendation. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4133 to 4199, inclusive, in the amount of $113,052.77. (b) Claim for Damages from Stephen Michael Tauzer, Bakersfield. (Refer to City Attorney) Bakersfield, California, May 2, 1977 - Page 5 49 (d), (e), by the Ayes Noes Absent: (c) Notice of Completion and Acceptance of Work on project known as resurfacing portions of California Avenue and East Truxtun Avenue - Contract No. 77-53 with Griffith Company. (d) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3746 - Contract No. 76-29 with The Mobilhome Corporation. (e) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3787 - Contract No. 76-84 with Tenneco Realty Development Corporation. (f) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3803 - Contract No. 76-24 with Fred S. Macomber. (g) Application for Encroachment Permit from Lionel Van Sickle, 3600 Kapral Way. (h) Application for Encroachment Permit from T. Jamison, 3501 Mt. Vernon Avenue. Upon a motion by Councilman Ratty, Items (a), (b), (c), (f), (g) and (h) of the Consent Calendar, were adopted following roll call vote: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales None None Action on Bids. Upon a motion by Councilman Sceales, low bid of William A. West Co. for Tandum Suspension and Trailer Axles, and all other bids rejected. Rejection of all bids for improve- ment of Chester Avenue between 24th Street and Garces Circle. FAU Project No. M-F294(2). was accepted Councilman Ratty stated that since the businessmen in this area have requested that the project be deferred until January, he would make a motion that all bids for the improvement of Chester Avenue between 24th Street and Garces Circle, FAU Project No. M-F294(2), be rejected. 5O Bakersfield, California, May 2, 1977 - Page 6 Director of Public Works Hawley explained some of the problems involved and increased costs that would be incurred if this project is deferred until January. Mr. LeRoy Wirz, Attorney representing some of the businessmen on Chester Avenue between 24th Street and Garces Circle, outlined some of the problems that will be encountered by these businessmen if the project is carried out at this time of the year, and reaffirmed the request that the Council defer the reconstruction until the first of January, 1978. Mr. Raymond J. Holohan, Project Manager for H. A. Lewis Construction Company, Riverside, California, low bidder on the project, explained the reason the cost of this project would be lower if constructed now rather than in the winter, and assured the businessmen that access to and from their businesses would not be blocked except for approximately four days on each side of the street. Mr. Bud Steel, 3115 Chester Avenue, stated that the construction, at this time, would take away their prime selling time. After considerable discussion, Councilman Ratty's motion that all bids for the improvement of Chester Avenue between 24th Street and the Garces Circle, FAU Project No. M-F294(2), be rejected, carried by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: None Upon a motion by Councilman Christensen, high bid of Sanitation Engineers for operation of Concession Stand at Bakers- field Civic Auditorium for five years, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, May 2, 1977 - Page 7 51 New Business. Adoption of Ordinance No. 2336 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Manor No. 1," and providing for the taxation of said territory to pay the bonded indebted- ness of said City. Upon a motion by Councilman Rogers, Ordinance No. 2336 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Manor 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 Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: None First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 10.60 to the Munici- pal Code concerning Conduct Prohibited upon Water Canals. This proposed ordinance would prohibit swimming, boating, skiing, etc. in water canals within the City for the protection of the public health, safety and welfare. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 10.60 to the Municipal Code concerning Conduct Prohibited upon Water Canals. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 11.20 to the Munici- pal Code concerning Regulations for Kern River Bicycle Trail. Since the annexation of Kern River No. 4, the Kern River Bicycle Trail between Beach Park and Manor Street has been within the Bakersfield City Limits. The County ordinance regulating the use of the bicycle trail is no longer applicable. The proposed ordinance provides regulations generally limiting the use of the bicycle trail to bicycles and makes violations an infraction. Bakersfield, California, May 2, 1977 - Page 8 This ordinance was recommended by the Police Department. First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 11.20 to the Municipal Code concerning Regulations for Kern River Bicycle Trail. Adoption of Resolution No. 36-77 of the Council of the City of Bakers- field concerning transmittal of City Street Deficiency Report to Depart- ment of Transportation pursuant to Section 2156 of the Streets and Highways Code. Every four years a report is made by Caltrans to the California Legislature detailing the progress made on City streets and providing an estimate of future needs on the City street system. Upon a motion by Councilman Rogers, Resolution No. 36-77 of the Council of the City of Bakersfield concerning transmittal of City Street Deficiency Report to Department o£ Transportation pursuant to Section 2156 of the Streets and Highways Code, was adopted by the following roll call vote: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Ayes: Noes: None Absent: None Approval o£ Right-of-Way Contract between the City and Caltrans and Easement Deed from City to Caltrans. On February 28, 1977, the Council approved a Right of Entry Agreement between the City and Caltrans for reconstruction and widening of the bridge structure on Enos Lane (State Route 43) at the Kern River, pending Caltrans negotiating a settlement with the City for the property. The contract stipulates that Caltrans shall pay to the City $200.00 for 0.389 acres of land adjacent to the structure which was approved under the Right of Entry Agreement. Upon a motion by Councilman Strong, Right-of-Way Contract between the City and Caltrans for $200.00 for 0.389 acres of land Bakersfield, California, May 2, 1977 - Page 9 53 adjacent to bridge structure on Enos Lane (State Route 43) at the Kern River and Easement Deed from City to Caltrans, was approved and the Mayor was authorized to execute same. Denial of request of Moreland Engineering, Inc. for annexation to the City of Bakersfield of 29+ acres of land near the northwest corner of Sterling Road and Brundage Lane. Subject request for annexation was received by the City Council and referred to the Planning Commission for study and recommendation. The Annexation Committee representing various City departments recommended that the annexation not be pursued for the following reasons: The property is not contiguous with the City Limits but lies nine-tenths of a mile easterly thereof. o The property is located in the East Niles Community Services District and as such does not require annexation to the City in order to supply needed sewer and water facilities. Therefore, those utilities necessary to serve future development are best provided by that district. It would not be cost effective for the City to provide other needed services, such as Police, Fire and Street Mainte- nance. The Planning Commission at their April 16, 1977 meeting reviewed the findings of the City staff and concurred the annexa- tion at this time would not be in the best interest of the City. Upon a motion by Councilman Ratty, request of Moreland Engineering, Inc. for annexation to the City of Bakersfield of 29~ acres of land near the northwest corner of Sterling Road and Brundage Lane, was denied. Hearings. 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 RS-2½-A-CH-FP-S (Residential Suburban - 2½ Acre - Church - Flood Plain Secondary), and an RS-2~-A-FP-S (Residential Suburban - 2½ Acre - Flood Plain - 54 Bakersfield, California, May 2, 1977 - Page l0 Secondary), or more restrictive, Zones, affecting that certain property in the County of Kern located east of Manor Street and north of the Kern River Bluffs, known as Manor No. 1 Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Manor No. i Annexation consists of five parcels and contains approximately 20 acres, two parcels of which have improve-- ments, one with a single family dwelling and the other a storage structure. This area is substantially level and is located within the area of the Kern River Secondary Flood Plain. The Planning Commission was of the opinion these zonings would be compatible with the Land Use Element of the General Plan, and will allow the same number of dwelling units as permitted under the present County zoning. The Flood Plain Overlay Zone would provide the necessary control over future development since this area is subject to inundation during an intermediate regional flood (100-year flood). The Planning Commission recommended the zonings upon annexation, as advertised, and found that they would be consistent with the Land Use Element. Vice-Mayor Medders declared the hearing open for public participation. Mr. Dean Gay explained the needs of this area and outlined the requested zoning. 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. 2337 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City o£ Bakersfield and finding Bakersfield, California, May 2, 1977 - Page said Zoning Upon Annexation of "Manor No. 1" consistent with the General Plan, was adopted by the following roll call vote: Ayes Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes None Absent: None This is the time set for public hearing on application of Diamond International Corporation to amend the zoning boundaries from a C-2 (Commercial) Zone to an M-1 (Light Manufacturing), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 2223 White Lane. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This property between White Lane on the north and Southern Pacific Asphalto Railroad on the southeast is proposed to be developed with a home building material supply business. Approximately 53 acres to the rear of the parcel will be used for storage and sales of lumber which will be served by an existing spur railroad track. This use would be compatible with the area; there is an existing mini-warehouse operation adjacent to the west property line. The Planning staff filed a Negative Declaration on March 25, 1977. The Planning Commission found that the proposed zoning would be consistent with the General Plan and recommended approval of the M-1 zoning, as advertised and requested. Vice-Mayor Medders declared the hearing open for public participation. Mr. Richard Cushman, General Manager of Diamond International Corporation, questions of the Council. the public portion of the tion and action. the applicant, was present to answer No protests or objections being received, hearing was closed for Council delibera- 56 Bakersfield, California, May 2, 1977 - Page 12 Upon a motion by Councilman Barton, Ordinance No. 2338 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 2223 White Lane and finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: None This is the time set for public hearing on application of Charlotte R. Brock to amend the zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-2-D (Commercial Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the south- west corner of 1st Street and "L" Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property contains approximately one acre, the northerly portion o£ which is developed with residential units. Approximately one-fourth of this block is presently zoned C-2. A Negative Declaration was posted on March 25, 1977. The Planning Commission found that the C-2-D zoning would be consistent with the Land Use Element of the General Plan; the "D" Design Overlay would ensure compatible development with the area, and recommended approval. Vice-Mayor Medders declared the hearing open for public participation. Mr. Freeman Richardson, a property owner in the area, wanted to know what the property owner planned for this property. Charlotte Brock, the applicant, was present to answer questions of the Council. Bakers£ield, California, May 2, 1977 - Page 13 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, Ordinance No. 2339 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south- west corner of 1st Street and "L" Street and finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Strong, Rogers, Noes: None Absent: None Barton, Christensen, Medders, Ratty, Sceales There being no Council, upon a motion by Councilman Ratty, adjourned at 9:40 P.M. Adjournment. further business to come before the the meeting was VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: H. E. BERGEN CITY CLERK and Ex-Officio Clerk of the Council of the City of Bakersfield, California BY ~SSISTANT CITY CLER~ ma Bakers£ield, California, May 9, 1977 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 9, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Brian Endicott of Kern View Hospital. 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 o£ May 2, 1977 were approved as presented. Scheduled Public Statements. Gretchen Reinecke, President of the Arts Council of Bakersfield, invited the Council and Mayor to attend the Arts Council Symposium, Saturday, May 14, 1977. Correspondence. Upon a motion by Councilman Rogers, communication from the Bakersfield Art Association, Inc., dated May 6, 1977, requesting approval o£ appointments of Vina Cross, 2717 Chester Lane, George Van Dreal, 1201 Duke Drive, and Genell Swan, 1805 Doolittle Avenue, to the Board of the Bakersfield Art Association, was received and appointments were approved. Council Statements. Councilman Ratty announced that he appointed Mr. A1 Engi, 6021 Almendra Court, Apt. C, to the Charter Review Commission. Reports. Councilman Rogers, member of the Legislative Committee, read Report No. 1-77 regarding Senate Bill 443 (Smith), as £ollows: S.B. 443 would increase the present 50% busi- ness tax exemption over the next five years to 100% exemption by 1982-83. The business inventory tax is a tax on inventories held by businesses. Thus the warehousing and storage of raw materials and other goods Bakersfield, California, May 9, 1977 - Page 2 being held for manufacture and sale are subject to tax. While S.B. 443 would phase out the inventory tax by 1982-83, the bill provides that local governments would be reimbursed for tax losses based upon the 1977-78 level plus 5% adjust- ment factor per year. The inventory tax laws are not prevalent in most other states. Because California does have the tax, warehousing and storage is done in states that do not have the tax. The cost of warehousing and transportation is passed on to the consumer. It is believed by many in the business community that the abolition of the tax will increase the economic activity in the state, at the same time, allow the sale of commodities to be sold for less to the consumer because of not having to be stored out of state. The warehousing of finished goods for resale and the manufacturing of raw materials into finished goods, in California, rather than in states which do not tax these goods, would have a marked influence on the economic viability o~ California business. Many businesses have moved to Nevada because of the tax and many other have chosen not to locate in California because of the tax, al- though the market for their warehousing is in California. For the foregoing reasons, the Legislative Committee recommends that the City Council support Senate Bill 443. The League of California Cities has already given its support to this bill. The Chamber of Commerce also supports the bill. Councilman Rogers stated that communications have been received from the Bakersfield Board of Realtors, Senator Stiern and Assemblyman Thomas supporting Senate Bill 443. Councilman Christensen read statistical data regarding the monetary loss to the State of California due to the present Business Inventory Tax. Upon a motion by Councilman Rogers, Legislative Report No. 1-77 regarding Senate Bill 443 (Smith),was approved, and the Mayor was requested to prepare the necessary communications to the Senate Finance Committee, Senator Walter Stiern and Assemblyman William Thomas, expressing the Council's support. 6O Bakersfield, California, May 9, 1977 - Page 3 Councilman Barton, Chairman of the Business Development and Parking Committee, read Report No. 4-77 regarding Various Parking Matters, as follows: At the request of the City Attorney, the City Council, at its May 2 meeting, referred to this Committee a request from the Board of Zoning Adjustment £or three separate parking modifications: From James Banducci, a reduction of 23 spaces for a proposed new office complex to be constructed on the northeast corner of "F" Street and Truxtun Avenue. From Ray Yinger, a reduction of 7 spaces for a proposed new office building to be constructed on the northeast corner of "F" Street and 16th Street. From Tony Wells, a reduction of 99 spaces for a proposed restaurant in the existing Sanitex Laundry building behind the new police building. This request has now been continued for 60 days. The Board of Zoning Adjustment would not grant a reduction o~ required parking spaces, but suggested a solution which, with Council approval, would provide the required parking and allow the proposed development to proceed. The Committee reviewed the downtown parking problems with the Board of Zoning Adjustment recommendations in mind, and make the £ollowing recommendations to the Council. Authorize an agreement between the City and each of the applicants which would: Lease to Mr. Banducci, 23 spaces from the city parking lot located behind his pro- posed development on 17th Street between "F" and "G" Streets for $7 per month per space. Lease to Mr. Yinger, 7 spaces on the same city parking lot £or $7 per month per space. The Committee felt that the $2,520 per year income from these two leases would be an asset to the Parking Enterprise Fund. These agreements would not place an undue burden upon the parking situation in an area outside o£ the central business district. In a separate request, the Bayfield Company requested temporary use of 20 spaces, on the Police Parking lot, for $200 per month until the company could negotiate with the proposed Bakersfield, California, May 9, 1977 - Page 4 61 new parking lot on the Elks Building site for an additional f'loor of parking. The spaces are needed in order to accommodate a large tenant who will not lease without the parking. The "K" Street Parking Garage is 100 percent leased at this time. The Committee recommends the Council authorize a lease agreement to cover these 20 spaces. The Parking Enterprise Fund now has $11,453 in it after ten months of collecting parking meter revenues. Estimated annual revenue is $12,700. There are three parking lots in the downtown area (22nd & H, 20th & M, 17th & F) which are currently not metered which the Committee felt should be metered. Added income from metering the three lots, plus income from the proposed lease agreements, would provide an approximate $11,000 per year to the current $12,700 estimate for a total of $23,700 per year income from which we could purchase more parking lots. It is, therefore, the recommendation of this Committee that the City Council: Authorize the City to develop agreements with Banducci, Yinger, and the Bayfield Company for lease of parking spaces, and the Mayor be authorized to sign. Authorize the metering of the three un- metered lots within the central business district. After discussion, upon a motion by Councilman Barton, Business Development and Parking Committee Report No. 4-77 regarding Various Parking Matters, was accepted; the City was authorized to develop agreements with Banducci, Yinger, and the Bayfield Company for lease of parking spaces and the Mayor was authorized to execute same; and authorization was granted to meter three un- metered lots within the central business district. Councilman Ratty, member of the Business Development and Parking Committee, read Report No. 5-77 regarding Parking Fine Revenue, as follows: Over the last several months, this Committee has been looking at the revenue being generated from parking meters in the downtown area as a revenue source to the Parking Authority. One source of revenue, which is not going to the Parking Authority, is that which is derived from the collection of fines for parking citations. These fines currently come into Bakersfield, Cali£ornia, May 9, 1977 - Page 5 the City's General Fund and are used as a revenue source for that fund. Because this Committee is vitally concerned with the need for additional parking in the city, and particularly in the downtown area, this Committee is requesting that the Council refer to the Budget Review and Finance Com- mittee, the request of this Committee that all revenues derived from parking violations be placed in the Parking Authority Fund and be deleted as a General Fund revenue source. Upon a motion by Councilman Ratty, Business Development and Parking Committee Report No. 5-77 regarding Parking Fine Revenue, was accepted; and request of the Business Development and Parking Committee that all revenues derived from parking violations be placed in the Parking Authority Fund and deleted as a General Fund revenue source, was referred to the Budget Review and Finance Committee. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4200 to 4286, inclusive, in the amount of $3,023,910.15. (b) Claim for Damages from Maxine Laru St. Clair, P.O. Box 4, Santa Margarita, California. (Refer to City Attorney) (c) Storm Drain Easement from Stewart and Wattenbarger providing easement for storm drain through Lot 65, Tract No. 3801. (d) Street Right-of-Way Deed from Piombo Corporation as required for Parcel Map No. 3955. (e) Street Right-of-Way Deed from Alvin K. and Florence A. Kuest as required for Parcel Map No. 3955. (f) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3761-B - Contract No. 76-135 with Lenco Development Corporation. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3770 - Contract No. 76-119 with Tenneco Realty Development Corporation. Bakersfield, California, May 9, 1977 - Page 6 63 (h) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3788 - Contract No. 76-93 with Tenneco Realty Development Corporation. (i) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3805 - Contract No. 76-57 with Oldham Construction Co. (j) Application for Encroachment Permit from Kenneth Baker, 1124 University Avenue. (k) Plans and Specifications for resurfacing portions of Columbus Avenue and Benton Street and reconstruction of a portion of Monterey Street. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None Deferred Business. Adoption of Ordinance No. 2340 New Series of the Council of the City of Bakersfield adding Chapter 10.60 to the Municipal Code concerning Conduct Prohibited upon Water Canals. Upon a motion by Councilman Rogers, Ordinance No. 2340 New Series of the Council of the City of Bakersfield adding Chapter 10.60 to the Municipal Code concerning Conduct Prohibited upon Water Canals, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None Adoption of Ordinance No. 2341 New Series of the Council of the City of Bakersfield adding Chapter 11.20 to the Municipal Code concerning Regulations for Kern River Bicycle Trail. Upon a motion by Councilman Ratty, Ordinance No. 2341 New Series of the Council of the City of Bakersfield adding Chapter 64 Bakersfield, California, May 9, 1977 - Page 7 ll.20 to the Municipal Code concerning Regulations Bicycle Trail, was adopted by the following roll call vote: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong None None Ayes Noes Absent: for Kern River New Business. Approval of Plans and Specifications for Wastewater Treatment Facilities at Treatment Plant No. 2. This project includes modifications and additions of secondary treatment facilities at Plant No. 2, interceptor sewer from Plant No. 1 to Plant No. of an effluent irrigation system on City owned Engineer's estimate for the work is $22,000,000. Upon a motion by Councilman Sceales, Plans and Specifi- cations for Wastewater Treatment Facilities at Treatment Plant No. 2, was approved and the Southeast Bakersfield Wastewater Treatment Facilities Corporation was authorized to advertise for bids. Director of Public Works Hawley stated that the action taken tonight will complete design plans of the City's contractor, Metcalf and Eddy, to provide engineering services for the South- east Bakersfield Sewer Project. Within the next three or four weeks Public Works will be submitting Change Order No. 3 for the construction phase of the project, and as in Phase I and II, Metcalf and Eddy will be using local engineering firms. Approval of Application by Carl Karcher Enterprises, Inc. to install a double faced sign 20 feet wide to 8 feet high with a 10 foot star on top for Carl's Jr. Restaurant at 815 Real Road. This sign would be 60 feet high and is interior lighted plastic in a C-2 zone. Pursuant to Section 13.40.080 of the Municipal Code no permit for a sign exceeding fifty feet from grade level shall be issued without prior approval of the City Council. construction of an 2 and construction lands. The Bakersfield, California, May 9, 1977 - Page 8 Other signs in the immediate area over 50 feet in height are: The Coffee Shop - 90 feet Shell Oil - 80 feet Standard Oil - 80 feet Mobil Oil 65 feet Rodeway Inn 70 feet McDonald's Restaurant 80 feet Mr. David B. Garrison, representing Carl's Jr. Restaurant, requested that the Council grant permission to erect this sign. After discussion, upon a motion by Councilman Rogers, application by Carl Karcher Enterprises, Inc. to install a double faced sign 20 feet wide to 8 feet high with a l0 foot star on top for Carl's Jr. Restaurant at 815 Real Road, was approved. Approval of Agreement between the City of Bakersfield and State Department of Transportation for construction of freeway on and off ramps on the west side of Mt. Vernon Avenue. The original freeway agreement dated September 5, 1961 between the County of Kern and Caltrans did not provide for construction of freeway on and off ramps on the west side of Mt. Vernon Avenue. Since the City has requested the ramps, a new agreement is necessary. Under this agreement, the City shall bear any right-of- way costs, including any utility relocation and the State shall bear all other costs necessary to provide the ramps subject to budgeting of funds by the California Highway Commission. Upon a motion by Councilman Roger, Agreement between the City and State Department of Transportation providing for construction of freeway on and off ramps on the west side of Mt. Vernon Avenue, was approved and the Mayor was authorized to execute same. Approval of Contract Change Order No. 3 to Contract No. 76-79 with Fred S. Macomber for construction of Corporation Yard Facilities. This Change Order requires the relocation of the paint storage tank in the Crafts Building and to revise the door opening 66 Bakersfield, California, May 9, 1977 - Page 9 for the paint spray booth in same building. The door opening was revised due to the spray booth requiring more clearance than the plans required along a wall adjacent to the door. These changes will result in an increase of $1,958.10 to the contract price of $2,063.737.00 or an increase of less than a tenth of 1%. Upon a motion by Councilman Ratty, Contract Change Order No. 3 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 Construction Change Order No. 1 to Contract No. 76-108 with H. A. Lewis Construction Co. for Northwest Bakersfield Drain - Phase I. This Change Order requires a modification of the electrical service for the pump station under this contract. The modification. results in a savings of $762.35. Upon a motion by Councilman Ratty, Construction Change Order No. 1 to Contract No. 76-108 with H. A. Lewis Construction Co. for Northwest Bakersfield Drain - Phase I, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on application by John Lencioni to amend the zoning boundaries from an M-1-MH (Light Manufacturing - Mobilehome) Zone to an M-2 (General Manufacturing), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the east side of Stine Road, 500 feet north of Pacheco Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property contains approximately 4½ acres of undeveloped land and is the west 1/3 of a tentative industrial subdivision. Bakersfield, California, May 9, 1977 - Page 10 The Planning Commission found the proposed zoning compatible with the area and consistent with the Land Use Element of the General Plan. The Planning Commission recommended approval of the M-2 (General Manufacturing) zoning subject to the application of the "D" Design Overlay. A Negative Declaration was posted on March 25, 1977. Mayor Hart declared the hearing open for public partici- pation. Mr. Jerry Vancuren, representing the applicant John Lencioni, 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. 2342 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 Stine Road, 500 feet north of Pacheco Road, subject to the appli- cation of the "D" Design Overlay and finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None This is the time set for public hearing on application by Tenneco Realty Development Corporation to amend the zoning boundaries from an "A" (Agricultural) Zone to a C-O-D (Commercial and Professional Office - Architectural Design), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located on the northwest corner of Stockdale Highway and Montclair Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. 68 Bakers£ield, California, May 9, 1977 - Page 11 Sceales, Noes: None Absent: None Subject property contains approximately 6¼ acres of undeveloped land. The Planning Commission found the proposed zoning to be a logical expansion of the existing C-O zoning in the area and consistent with the Land Use Element of the General Plan. A Negative Declaration was posted on March 25, 1977. Mayor Hart declared the hearing open for public partici- pation. Mr. Chuck Tolfree, representing the applicant Tenneco Realty Development Corporation, 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 Medders, Ordinance No. 2343 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the north- west corner of Stockdale Highway and Montclair Street and finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Strong Recess. Mayor Hart recessed the regular meeting for a Budget Hearing on Title II Funds of the Public Works Employment Act of 1976. Budget Hearing. Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 3-77 regarding Proposed Use of Title II Funds of the Public Works Employment Act of 1976, as follows: Bakersfield, California, May 9, 1977 - Page 12 69 On November 8, 1976, this Committee reported to the Council regarding these funds. As the Council may recall, the purpose of the Public Works Employment Act was to stimulate the economy at the state and local levels as an antirecessionary measure. Title II of this Act is specifically designed to assist local government maintain levels of public employ- ment and basic services. In November, the Council authorized the staff to place the City's allocations of these funds in a trust account, not to be spent until the staff obtained further information for this Committee to evaluate as to whether the City complied with all the required assurances. Attachment #1 to this report discusses these staff findings. As of this date, the City has $232,850 in the trust account (see Attachment #2 for an analysis of these receipts). The regulations for the use of these funds require the funds to be appropriated or spent within six months of receipt. Therefore, the receipt of $108,340 on November 19, 1976, must be appropriated or spent by May 19, 1977, in order to meet this requirement. The staff has informed us there are accounts within various departmental operating budgets where there are needs totaling $113,400 above the amounts budgeted for this fiscal year (see Attachment #3). We have reviewed these and feel they are justified. This Committee feels the City is in compliance with the Act and recommends the following: The City Council authorize the appropria- tion of $113,400 of Title II funds to meet the needs as indicated on Attachment #3. The City Council authorize the staff to use the remaining amount of these funds in the budget for the 1977-78 fiscal year which the Council will review in June. Councilman Medders made a motion that Budget Review and Finance Committee Report No. 3-77 regarding Proposed Use of Title II Funds of the Public Works Employment Act of 1976, be accepted; appropriation of $113,400 of Title II Funds to meet the needs as indicated on Attachment No. 3, be authorized; and the staff be authorized to use the remaining amount of these funds in the budget for the 1977-78 fiscal year which the Council will review in June. Councilman Christensen questioned the title of this report "Public Works Employment Act of 1976" as compared to the 7O Bakersfield, California, May 9, 1977 - Page 13 recommendation that the Title II Funds be used to pay for utility bills, weed abatement, pre-employment physical examinations, vehicle tires and refuse bins. City Manager Bergen stated that the Public Works Employ- ment Act o£ 1976 was comprised of three specific items: Title I, for two billion dollars, was to pro- vide employment for projects, etc., which various cities applied for. The City of Bakersfield applied and was turned down. Title II was specifically designated to pro- vide assistance to State and local governments to be used for the maintenance of levels of public employment and basic services. It provides up to 1.25 billion dollars in five quarterly payments for the period July l, 1976 through September 30, 1977. Title III was for specific sewer grants, none of which qualified in the State of California. Councilman Strong asked if the staff felt that the recom- mendations for the expenditure of these Title II funds follow closely with the intent of the act. City Manager Bergen stated "yes" and that Assistant City Manager Kelmar attended a meeting in Los Angeles, sponsored by the Federal Government, and it was brought out that in the normal operating budget, expenses, such as power bills, etc.,would qualify and were expressly the type of uses intended under Title II. Assistant City Manager Kelmar stated that the basic intent behind this act was maintenance of basic services and in recessionary times, when the Federal Government was cutting back, that they did not want local or State Governments also cutting back. Their intent is to provide funds to keep the economy going. Councilman Strong stated that he has supported the use of Federal funds since becoming a Councilman, but in this parti- cular instance he does not believe that the recommended uses of these funds is why the Public Works Employment Act was passed. He stated that he believes it is a flagrant circumvention of the Council's responsibility, as local government officials, to face up to the problem of unemployment in this area. Bakersfield, California, May 9, 1977 - Page 14 71 Councilman Strong offered a substitute motion that the proposed use of Title II Funds of the Public Works Employment Act of 1976, be referred back to the Budget Review and Finance Committee with the idea of developing plans to reduce unemployment and this recommendation be submitted to the Council next Monday, May 16, 1977. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed. Councilman Strong's substitute motion that the proposed use of Title II Funds of the Public Works Employment Act of 1976, be referred back to the Budget Review and Finance Committee with the idea of developing plans to reduce unemployment and this recommendation be submitted to the Council next Monday, May 16, 1977, failed to carry by the following roll call vote: Ayes: Councilmen Christensen, Ratty, Strong Noes: Councilmen Barton, Medders, Rogers, Sceales Absent: None Councilman Medders' motion that the Budget Review and Finance Committee Report No. 3-77 regarding Proposed Use of Title II Funds of the Public Works Employment Act of 1976, be accepted; appropriation of $113,400 of Title II Funds to meet the needs as indicated on Attachment No. 3, be authorized; and the staff be authorized to use the remaining amount of these funds in the budget for the 1977-78 fiscal year which the Council will review in June, Ayes: Noes: Absent: to the carried by the following roll call vote: Councilmen Barton, Medders, Ratty, Rogers, Sceales Councilmen Christensen, Strong None The Budget Hearing was adjourned and the Council regular Council Meeting. reconvened 72 Bakersfield, California, May 9, 1977 - Page 15 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:50 P.M. Calif. ATTEST: CITY ~RK Cand Ex~~[erk of the Council of the City of Ba~ sfield, California ma Bakersfield, California, May 16, 1977 73 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., May 16, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Donald A. Rogers. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Medders, Rogers, Sceales, Councilmen Christensen, Ratty, Barton Minutes of the regular meeting of May 9, approved as presented. Council Statements. Upon a motion by Councilman Rogers, Strong 1977 were report from the City Manager regarding Council Meeting Dates, was deferred until May 23, 1977, so that the absent Councilmen may participate in the dis- cussions. Councilman Sceales stated that he would not be present next week when the City Manager's report on Council Meeting Dates will be discussed and he would like to go on record in support of the Council meeting twice a month or every other week. Reports. Councilman Strong, member of the Auditorium-Recreation Committee, read Report No. 5-77 regarding Civic Auditorium User Fees, as follows: This Committee has met with the staff to dis- cuss a revision in the user fees at the Civic Auditorium. It was pointed out that the present rental rates and other fees have been in effect since 1964. Since that time, the major operating expenses, i.e., employee costs and utilities have increased 65 percent. Attach- ment #1 to this report indicates the present rates in effect and the proposed rates. A new rate category is being requested to be added to the rate schedule called Single-Agent Sales Attractions. This fee would be $750 or 10 percent of gross receipts and pertain to anyone desiring to lease the facility for the 74 Bakersfield, California, May 16, 1977 - Page 2 purpose of merchandising large volumes of items. As a result of not having a category for this use, it was previously categorized under trade shows which resulted in a lower charge and would enable the user to undersell regular commercial businesses selling these same items. The Auditorium Manager has indicated that these proposed fees are competitive with other facilities in the local area and still below others in the San Joaquin Valley. He further feels these increases would not deter users from the facility as he cannot presently fill all the requests for its use. Therefore, this Committee recommends that the City Council approve the attached resolution setting the new rates effective July 1, 1977. Upon a motion by Councilman Strong, Auditorium-Recreation Committee was accepted. Report No. 5-77 regarding Civic Auditorium User Fees, Adoption of Resolution No. 37-77 of the Council of the City of Bakers- field amending Resolution Nos. 67-64 and 80-68 respecting Commercial Rental Rates and Ticket Service for the Civic Auditorium. Upon a motion by Councilman Strong, Resolution No. 37-77 of the Council of the City of Bakersfield amending Resolution Nos. 67-64 and 80-68 respecting Commercial Rental Rates and Ticket Service for the Civic Auditorium, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong Noes: None Absent: Councilmen Christensen, Ratty, Barton City Manager Bergen announced that budget hearings are planned for June 20, 21, and 22, 1977. City Manager Bergen stated that the Mayor and Council have received an invitation from the 15th District Agricultural Association to attend the Second Annual Kern County Fair Barbecue to be held May 22, 1977 from 4:00 P.M. to 8:00 P.M. City Manager Bergen read a report regarding Replacement of Police Department Public Safety Status System, as follows: Attached are three memorandums from the Chief of Police detailing problems that they have Bakersfield, California, May 16, 1977 - Page 3 75 had with the status system installed in the Communications Center. Because this system is necessary for their operation, it is of some urgency that action be taken by the Council as soon as possible. I would recommend that the Council authorize the City to request official proposals and bids for the status system as recommended by the Chief of Police. After review of these proposals to determine the system that will best serve the needs of the department, we will return to the Council to request acceptance of the bids and transfer the necessary funds. Mr. Bergen read a memorandum from the Chief of Police to the City Manager, dated May 13, 1977, regarding Replacement of the Department's Public Safety Complaint Entry Dispatch Status System. Upon a motion by Councilman Rogers, the staff was authorized to request official proposals and bids for the Public Safety Status System as recommended by the Chief of Police. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4287 to 4351, inclusive, in the amount of $133,666.54. (b) Grant of Easement from City of Bakers- field to California Water Service Co., Pacific Gas & Electric Co., Pacific Telephone Co. and Bakersfield Cable TV, Inc., right-of-way for construction of utilities within the south 60 feet of Beach Park property. (c) Map of Tract No. 3660 "B" and Improvement Agreement for construction of improve- ments therein, located south of White Lane and east of Monitor Street. (d) Map of Tract No. 3792 and Improvement Agreement for construction of improve- ments therein, located north of University Avenue and east of Columbus Street. (e) Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3680 - Unit G - Contract No. 76-149 with Gatewood Estates. (f Request from DeYoung Development Co. Inc., for annexation of property located on the northeast corner of Wilson Road and Stine Road. (Refer to Planning Commission for study and recommendation) 76 Bakersfield, California, May 16, 1977 - Page 4 Upon a motion by Councilman Strong, Items (a), (b), (c), (d), (e) and (f) of the Consent Calendar, were adopted by the call vote: Councilmen Medders, Rogers, Sceales, None following roll Ayes: Noes: Absent: Strong Councilmen Christensen, Ratty, Barton Deferred Business. Adoption of Ordinance No. 2344 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield. (Zoning Upon Annexa- tion of College No. 1) At the Council's request the Planning Commission recon- sidered the proposed zoning upon annexation of College No. 1 Annexation. The Planning Commission was of the opinion that all property within the annexation should be zoned for single family dwelling. Zoning districts other than R-1 could be considered in the future as the property develops. Mr. Karl Stahl and Mr. Jeff Wattenbarger, who were present in the audience, indicated their approval of the recom- mended zoning for this property. Upon a motion by Councilman Rogers, Ordinance No. 2344 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield and finding said Zoning Upon Annexation of "College No. l" consistent with the General Plan, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Rogers, Sceales, Strong None Councilmen Christensen, Ratty, Barton Deferral of action on request from Ms. Sofiea B. Clerico for variance in Zoning Ordinance concerning Home Occupation Permit. The Planning Commission reviewed the request Clerico for an of Ms. amendment to the Zoning Ordinance (Home Occupation) Bakersfield, California, May 16, 1977 - Page 5 77 to permit retail sales o£ antique furniture from her residence. The Commission was of the opinion the conditions of the Home Occupation Permit should not be changed to permit the retail sales of any item from a home in a residential area. Upon a motion by Councilman Strong, action on request from Ms. Sofiea B. Clerico for variance in Zoning Ordinance concerning Home Occupation Permit, was deferred for one week until Ms. Clerico can write a letter to the staff requesting that this be deferred until a later date. New Business. Adoption of Resolution of Intention No. 920 of the Council of the City of Bakersfield, declaring its intention to order the vacation of the Alley east of Chester Avenue between Geneva Avenue and the Southern Pacific Railroad, in the City of Bakersfield. Upon a motion by Councilman Sceales, Resolution of Intention No. 920 of the Council of the City of Bakersfield, declaring its intention to order the vacation of the Alley east of Chester Avenue between Geneva Avenue and Southern Pacific Railroad, in the City of Bakersfield and setting June 6, 1977 for hearing on the matter before the Council, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong Noes: None Absent: Councilmen Christensen, Ratty, Barton Adoption of Ordinance No. 2345 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Ming No. 8," and providing for the taxation of said territory to pay the bonded indebted- ness of said City. Upon a motion by Councilman Sceales, Ordinance No. 2345 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "Ming No. 8," 78 Bakersfield, California, May 16, 1977 - Page 6 and providing for the taxation indebtedness of said City, was vote: Ayes: Councilmen Medders, Rogers, Noes: Absent: of said territory to pay the bonded adopted by the following roll call Sceales, Strong None Councilmen Christensen, Ratty, Barton Failure to adopt Resolution o£ the Council of the City of Bakersfield authorizing the use of the Local Agency Investment Fund under the Office of the California State Treasurer as an investment media alternative. City monies temporarily on hand until needed to pay City bills are regularly placed in interest bearing investment media as authorized by State law. The available investment media are selected by the City Finance Director from day-to-day as they fit the cash flow needs of the City and accommodate the size of the temporary cash balances. The authorized media have been govern- ment securities, bank certificates of deposit, bankers acceptances and savings accounts. One additional media has been authorized by State law effective January l, 1977, which is the "Local Agency Investment Fund" of the California State Treasurer's Office. This resolution does not require the City to use the media but that additional investment media available to the City of field at the City's option. Councilman Sceales stated that he would have to oppose sending City funds to the State to be invested. Councilman Rogers made a motion to adopt a Resolution of the Council of the City of Bakersfield authorizing the use of the Local Agency Investment Fund under the Office of the California State Treasurer as an investment media alternative, which failed to carry by the following roll call vote: Ayes: Noes: Absent: Councilmen Medders, Rogers, Strong Councilman Sceales Councilmen Christensen, Ratty, Barton will make Bakers- Bakersfield, California, May 16, 1977 - Page 7 79 Approval of Annexation boundaries designated as Panama Lane No. 1. Upon a motion by Councilman Sceales, Annexation boundaries designated as Panama Lane No. l, containing approximately 80 acres of uninhabited territory, located at the northeast corner of Panama Lane and Stine Road, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Approval of Annexation boundaries designated as Stockdale No. 10. Upon a motion by Councilman Sceales, Annexation boundaries designated as Stockdale No. 10, containing approximately 3,500 acres of uninhabited territory, located westerly of the existing City boundaries, south of Stockdale Highway, easterly of Buena Vista Road and northerly of Pacheco Road, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Approval of Annexation boundaries designated as Terrace Way No. 3. Upon a motion by Councilman Sceales, Annexation boundaries designated as Terrace Way No. 3, containing approximately 6.50 acres of uninhabited territory, located on the west side of South "H" Street between Route 58 Freeway and Terrace Way, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Approval of Agreement between the City and Pacific Gas & Electric Co. for natural gas service to the new Corporation Yard west of Oak Street. The Agreement provides Pacific Gas & Electric Co. with authority to construct a gas main for service to the City's new Corporation Yard west of Oak Street. City cost for construction is $17,911 and sufficient funds are in this work. Upon a motion by Councilman Medders, Agreement between the City and Pacific Gas & Electric Co. for natural gas service to the new Corporation Yard, west of Oak Street, was approved, the gas main the budget for 8O Bakersfield, California, May 16, 1977 - Page 8 the Mayor was authorized to execute same, and payment of $17,911 to Pacific Gas & Electric Co. was authorized. Hearings. This is the time set for hearing before the Council for consideration and confirmation of the Report and Assessment List for Abatement of Weeds under the 1976 Weed Abatement Program. This hearing was duly posted and notices mailed to al~ owners of property on which the nuisance was abated. Fire Chief Needham read the Report on the 1976 Weed Abatement Program, as follows: The 1976 Weed Abatement Program commenced with a City-Wide inspection and posting of 502 lots during the period of May 7 to May ll, 1976. On May 24, 1976, "Notices To Destroy Weeds" letters were mailed to the owners of 502 lots posted. The second inspection was made between May 18 and May 23, 1976. Resolution No. 38-76 adopted by the City Council on June 7, 1976, finding weed growth on 140 properties to be a nuisance, directed the Fire Chief to remove and destroy said weeds. Prior to the arrival of the contractor's forces to remove and destroy said weeds, additional 37 parcels were cleaned. an From September 30, 1976 to March 24, 1977, a total of 103 parcels, upon which assessments are required, were cleaned by the contractor, Specialized Spray Service. The total assess- ment for work done, including administration costs, under the 1976 Weed Abatement Program was TWENTY-FIVE THOUSAND TWO HUNDRED TWENTY DOLLARS AND NO CENTS ($25,220.00). Chief Needham stated that Parcel No. 138-130-07 owned by Lloyd R. Scroggins has been excluded from the Assessment List because the contractor failed to take "before and after" pictures of the lot and there is no proof that the lot was cleaned. Mr. Walter Fillmore will not be billed because the Fire Department did not properly notify him to abate the weeds on his lot. Mayor Hart declared the hearing open for public partici- pation. Bakersfield, California, May 16, 1977 - Page 9 Mr. Vincent Telese, representing Alma Investment Co., 325 South Chester Avenue, Parcel No. 018-320-13 (located south of 115 Northrup Street), objected to the excessive amount of the assessment for cleaning the lot. Mrs. Eunice Smith, representing Maggie Hayman, 1316 Virginia Avenue, Parcel No. 019-072-11 (vacant lot between 415 & 423 South Haley Street), stated that they had cleaned the lot and notified the City. Somehow the inspection was never made and several months later an assessment was weeds. Mr. Chester Little, 909 East received £or abating the 18th Street, Parcel No. 017-270-06 (located at 927 East 18th Street), stated he did not purchase this property until August 5, 1976, and has never received a notice to abate the weeds. Mr. Curtis Johnson, 101 "O" Street, Parcel No. 017-430-01 (located south of 231 Beale Avenue), stated that he cleaned this lot and notified the City, and then later received an assessment from the City. Mr. Wayman Turner, 822 Collins Way, Parcel No. 019-042-06, stated that H. C. Langston was mistakenly sent the assessment and also the contractor made an error and cleaned the lot next door. No further protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. After discussion, upon a motion by Councilman Strong, the bidding process and bid qualifications for the Weed Abatement Program were referred to the Governmental Efficiency and Personnel Committee to explore some way to reduce the assessments to the property owners. Upon a motion by Councilman Strong, Assessment List for Abatement of Weeds under the 1976 Weed Abatement Program, was confirmed and the City Clerk was directed to file same with the Bakersfield, California, May 16, 1977 - Page 10 County Recorder, with the exception of the parcels that have been protested which are to be referred to the staff for investigation and report back to the Council. 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 an R-1-CH (One Family Dwelling - Church), or more restrictive, Zones, affecting that certain property in the County of Kern, north and east of Highland High School, known as Fairfax No. 1 Annexation. This hearing has been duly advertised, the property posted law. and the property owners have been notified as required by acres of undeveloped land, This proposed annexation contains approximately 104 the easterly portion o£ which is presently used for dry crop farming. is low-density residential with the planned for a church. The proposed Proposed use for the property exception of a six-acre parcel overall zoning would conform to the Land Use Element of the General Plan. A Negative Declaration is on file. The Planning Commission recommended approval of the R-1 and R-1-CH zoning, as advertised, and found that the zoning upon annexation would conform to the General Plan. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Rogers, public hearing on the Zoning Upon Annexation of Fairfax No. 1 Annexation, was continued until June 6, 1977, by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong Noes: None Absent: Councilmen Christensen, Ratty, Barton Bakersfield, California, May 16, 1977 - Page ll 83 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-3-D (Limited Multiple Family Dwelling - Architectural Design), and a C-1-D (Limited Commercial - Architectural Design), or more restrictive, Zones, affecting that certain property in the County of Kern located on the northeast corner of Ming Avenue and Hughes Lane, known as Ming No. 8 Annexation. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. This proposed annexation contains approximately 2.6 acres of vacant property. The proposed zoning, R-3-D and C-I-D, would allow basically the same development as existing County zoning. The proposed commercial development will have access to both Hughes Lane and Ming Avenue. The proposed multiple family development will have access to Hughes Lane. A Negative Declaration is on file. The Planning Commission recommended approval of the R-3-D and C-1-D zoning upon annexation, and found that it conforms to the Land Use Element of the General Plan. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Sceales, Ordinance No. 2346 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield and finding said Zoning Upon Annexation of "Ming No. 8" consistent with the General Plan, Ayes: Noes: Absent: was adopted by the following roll call vote: Councilmen Medders, Rogers, Sceales, Strong None Councilmen Christensen, Ratty, Barton Bakersfield, California, May 16, 1977 - Page 12 This is the time set for public hearing on application by Lusich, Patrick, Henderson, Mueller & Associates, Inc. to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting that certain property in the City of Bakersfield located north of Auburn Street and west of Eissler Street. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject areas contain approximately 4~ acres of undeveloped property consisting of 19 lots in a tentative subdivision map. Twelve of these lots have a powerline easement at the rear; remaining seven back onto a power station site. With the exception of three lots on the east side of the power station site, all lots abut a secondary highway. In order to ensure that future development will be compatible with proposed development in the area, the Planning Commission recommended the "D" Design Overlay be applied to this requested zoning. The Planning Commission recommended approval of the R-2-D zoning, as requested and advertised, and found that it would be consistent with the General Plan. Mayor Hart declared the hearing open for public partici- pation. Mr. Alan Harrison, 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 Rogers, Ordinance No. 2347 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located north of Auburn Street Bakersfield, California, May 16, 1977 - Page 13 and west of Eissler Street and find said zoning consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Medders, Rogers, Sceales, Strong Noes: None Absent: Councilmen Christensen, Ratty, Barton Adjournment. There being no further business to come before the Council, upon a motion by Councilman Sceales, the meeting was adjourned at 9:50 P.M. MA o t~field, Calif. ATTEST: CITY C~E~K and E~-Off~io Clerk of the Council of the~City of Baker~eld, California ma 86 Bakersfield, California, May 23, 1977 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P. M., May 23, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Floyd Tuffs of the Trinity United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Ratty, Rogers, Strong, Barton, Christensen, Medders Absent: Councilman Sceales Minutes of the regular meeting of May 16, 1977 were approved as corrected. Scheduled Public Statements. Mr. Robert Charlton, 3415 Belle Terrace, Wastewater Treatment Plant Lab Technician and Operator for the City of Bakersfield, read a statement requesting that the job specifications for this position be changed so that it is not required to be certified by the State Water Resources Control Board and pay a rental fee every two years for the use of this certificate. Upon a motion by Councilman Rogers, Mr. Charlton's request that the job specifications for the position of Waste- water Treatment Plant Lab Technician and Operator be changed so that it is not required to be certified by the State Water Resources Control Board, was referred to the staff for study and recommendation. Councilman Christensen voted in the negative on this motion. Mr. Brent McClanahan, Minnesota Vikings Football Team, 3220 Lotus Lane, a member of the invited the Mayor, Council and public to participate in the First Annual Brent McClanahan Foot- ball Clinic and Golf Classic, sponsored by the South Bakersfield Kiwanis, to be held June 25 & 26, 1977. Bakersfield, California, May 23, 1977 - Page 2 Mr. Ron Jessie, member of the Los Angeles Rams Football Team, stated that he has been working with the U. S. Department of Commerce and National Alliance of Businessmen on a program to provide jobs for youths during the summer, and requested that the Council use their influence in the community to aid in this program. Councilman Strong requested that the time for filing applications for Fireworks be extended from May 15th to May 30th, for this year only. City Manager Bergen stated that the time is established by ordinance and it would have to be amended to extend the filing date and later another ordinance would have to be adopted to change the date back to May 15th. Councilman Ratty stated that he could support this extension just one time, if it is understood that he would not support it in the future. Adoption of Emergency Ordinance No. 2348 New Series amending Section 14.40.040 (a) of the Municipal Code concerning Filing Deadline for Filing Applications for Fireworks Permits. Upon a motion by Councilman Rogers, Emergency Ordinance No. 2348 New Series amending Section 14.40.040 (a) of the Municipal Code concerning Filing Deadline for filing applications for Fire- works Permits and directing the staff to inform everyone who filed a late application, was adopted by the following roll call vote Ayes: Councilmen Ratty, Rogers, Strong, Barton, Christensen Noes: Councilman Medders Absent: Councilman Sceales Councilman Medders clarified his negative vote by stating that the deadline was changed from 30 to 60 days, a few years ago, and he feels this is giving preferential treatment to a certain group and is setting a precedence to extend the deadline in the future. Bakersfield, California, May 23, 1977 - Page 3 Correspondence. Upon a motion by Councilman Ratty, communication from David R. Cartnal, Chairman of the Bakersfield Sign Ordinance Advisory Committee, dated May 11, 1977, regarding Implementation of Sign Ordinance, was received and referred to staff for investi- gation and report back to the Council. Upon a motion by Councilman Rogers, communication from Senator Dennis E. Carpenter, dated May 16, 1977, regarding the legislation to abolish the Business Inventory Tax, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from the Member Unit Advisory Committee to the Kern County Water Agency, dated May 17, 1977, requesting that the Council appoint a repre- sentative and alternate to that Committee, was received and Councilman Rogers was appointed as the representative and Council- man Barton was appointed as alternate. Upon a motion by Councilman Strong, communication from Tenneco Realty Development Corporation, dated May 23, 1977, regarding Stockdale No. 10 Annexation, was received and ordered placed on file. Upon a motion by Councilman Ratty, communication from Concrete Surf Company, dated May 19, 1977, requesting use of portions of certain City parks as Skateboard Parks, was received and referred to staff for study and report back to the Council at the meeting of June 6, 1977. Upon a motion by Councilman Rogers, communication from Moreland Engineering, Inc., dated May 23, 1977, regarding Abandon- ment of Tartan Place, was received and referred to the Planning Commission for proper action. Council Statements. Councilman Christensen announced that he appointed Mrs. Judy Garrett, 2631 Sunset Avenue, to the Charter Review Commission. Bakersfield, California, May 23, 1977 - Page 4 Councilman Barton announced that he appointed Mr. Milton Younger, 1833 Chevy Chase Drive, to the Charter Review Commission. Councilman Strong announced that he appointed Mr. Gabriel Solomon, 22 "P" Street, and Mr. Louis Whitfield, 925 Bank Street, to the Charter Review Commission. Reports. City Manager Bergen read a report from Fire Chief Needham regarding the five parcels of property that were deferred from the Assessment List of the 1976 Weed Abatement Program at the Council Meeting of May 16, 1977. Chief Needham recommended that the Assessments for Parcel Nos. 018-320-13, 019-072-11, 017-270-06 and 017-430-01 be confirmed and Parcel No. 019-042-06 be deleted from the Assessment List. Upon a motion by Councilman Strong, action on recommenda- tions from the Fire Chief regarding the five parcels of property that were deferred from the Assessment List of the 1976 Weed Abatement Program, was held over until June 6, 1977 and the staff was requested to notify the five property owners so that they may be present. City Manager Bergen read a report regarding Council Meeting Dates. After considerable discussion, Councilman Barton made a motion that the report from the City Manager regarding Council Meeting Dates, be accepted. After further discussion, Councilman Rogers offered a substitute motion that the report from the City Manager regarding Council Meeting Dates, be held over until June 6, 1977 at which time the staff could present a more comprehensive report that addresses all areas of Councilmanic duties. This motion carried by the Ayes Noes Absent: following roll call vote: Councilmen Ratty, Rogers, Strong, Medders None Councilman Sceales Barton, Christensen, 99 Bakersfield, California, May 23, 1977 - Page 5 Councilman Rogers, member of the Legislative Committee read Special Report No. 2-77 regarding Federal Unemployment Compensation Act Amendments, as follows: Attached is a summary of the Unemployment Compensation Amendments of 1976 which will be applied against local governments commencing January l, 1978. The cost to the City will be approximately $252.00 per employee per year or a total annual cost of over $250,000 annually. The National Institute of Municipal Law Officers have retained the firm of Rhyne and Rhyne to test the validity of the amendments. This is the law firm that successfully had declared invalid the Fair Labor Standards Act as it applied to cities. What the firm intends to do is to get a "stay order" out of the Federal District Court in Richmond, Virginia which would hold in abeyance the levy against the City until the case is tried and appealed to the U. S. Supreme Court. It is estimated that this will take three years. The cost to the City will be $5,000.00 initially with refunds made if the amount of money collected from cities throughout the nation are in excess of needs for the liti- gation. The City, if a participant, and if the stay order is issued, must put into its reserve account $250,000 annually because if the law- suit is unsuccessful the City will have to reimburse the unemployment fund for those years the City was withholding the funds. However, during these years the City will be earning interest on the withheld funds which will not have to be paid over. The interest alone would off-set the $5,000.00 fee, many times over, during the three-year period. It is the recommendation of the Legislative Committee that the City participate in the lawsuit and authorize payment of $5,000.00 to the NIMLO Federal Unemployment Compensation Tax Litigation Trust Fund. Councilman Rogers made a motion that Special Legislative Report No. 2-77 regarding Federal Unemployment Compensation Act Amendments, be accepted; and the City's participation in the law- suit and payment of $5,000.00 to the NIMLO Federal Unemployment Compensation Tax Litigation Trust Fund, be authorized. Bakersfield, California, May 23, 1977 - Page 6 Councilman Christensen stated that he basically agrees with the report, but felt the $5,000.00 fee for participation in the lawsuit exorbitant. City Attorney Hoagland explained the reasons £or the $5,000.00 fee and the benefits to the City by participating in the lawsuit. Councilman Barton stated that he feels this litigation is worthwhile but the City should not blindly join this trust at that exorbitant fee. During discussion, Councilman Barton offered a substitute motion that the City of Bakersfield send $100.00 to the NIMLO Federal Unemployment Compensation Tax Litigation Trust Fund and inform them they have our fair share. Councilman Barton withdrew his substitute motion and offered another substitute motion that action on Special Legis- lative Report No. 2-77 regarding Federal Unemployment Compensation Act Amendments be deferred, so the City Attorney may have time to gather further information, and this item be held over until Wednesday, May 25, 1977 at 5:00 P. following roll call vote: Ayes: Councilmen Ratty, Strong, Noes: Councilman Rogers Absent: Councilman Sceales Consent Calendar. The following items were listed on (a) (b) (c) (d) M. This motion carried by the Barton, Christensen, Medders the Consent Calendar: Allowance of Claims Nos. 4352 to 4518, inclusive, in the amount of $231,071.95. Claim for Damages from Pacific Telephone and Telegraph Company. ~Refer to City Attorney) Claim for Personal Injuries from Thelma K. Hood, 354 Petrol Road. (Refer to City Attorney) Claim for Personal Injuries and Property Damage from Neva Collar, 388 Petrol Road, Bakersfield. (Refer to City Attorney) Bakersfield, California, May 23, 1977 - Page 7 (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) (o) Map of Tract No. 3885 and Improvement Agreement for construction of improve- ments therein - located north of Quail- wood Drive and west of E1 Rio Drive. Map of Tract No. 3886 and Improvement Agreement for construction of improve- ments therein located north of Stock- dale Highway and west of E1 Rio Drive. Improvement Agreement for Parcel Map No. 3955 as required by the Planning Com- mission. Notice of Completion and Acceptance of Work on Street and Sewer Improvements under Tract No. 3793 - Contract No. 76-20 with Charles Gotunda. Notice of Completion and Acceptance of Work on construction of Sanitary Sewer Main in portions of Belle Terrace, Westwind Drive and 21st Street - Contract No. 77-56 with W. M. Lyles Co. Application for Encroachment Permit from Coleman Company, 600 New Stine Road, for construction of carport over a portion of City storm drain easement between McDonald Way and Valhalla Drive approxi- mately 800 feet north of Ming Avenue; subject to condition that in the event the City should require an excavation to maintain said storm drain within the easement that the applicant shall dis- mantle and remove the carport at his expense for time period necessary to accomplish the maintenance work. Application for Encroachment Permit from Huth Builders, 124 Chester Avenue, for construction of 4-foot high block wall along the 3600 block of Hughes Lane, adjacent to back of sidewalk. Amended Plans and Specifications for improvements of Hughes Lane from Wilson Road to Ming Avenue. Specifications for furnishing and applying Slurry Seal to various City streets. Request from R. L. Dennen for annexation of property located south of Panama Lane and west of Freeway 99. (Refer to Planning Commission for study and recommendation) Authorization to use $7,000 budgeted for park uses to repair automatic sprinkling system in Beach Park. Bakersfield, California, May 23, 1977 - Page 8 Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Ratty, Rogers, Strong, Barton, Christensen, Medders None Councilman Sceales Approval of Budget Transfer in the amount of $7,000.00 for completion of construction of Planz Park Storage Room. Upon a motion by Councilman Ratty, Budget Transfer from Account No. 54-392-9400 to Account No. 57-392-9400 in the amount of $7,000.00 for completion of construction of Planz Park Storage Room, was approved by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Strong, Barton, Christensen, Medders Noes: None Absent: Councilman Sceales New Business. Approval of Annexation boundaries designated as Bernard No. 3. Upon a motion by Councilman Medders, Annexation boundaries designated as Bernard No. 3, containing approximately 1.45 acres of uninhabited territory, located on the north side of Bernard Street between Inyo and Tulare Streets, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Approval of Cooperative Agreement between the City and County of Kern for widening and reconstruction of Palm Street east of Real Road. This agreement authorizes the County to include a City project for the widening and reconstruction of Palm Street east of Real Road as part of a larger County project on Real Road. The project includes widening of the present two lane section of Palm Street to a four lane standard section. The County will Bakersfield, California, May 23, 1977 - Page 9 prepare the plans and specifications The City's sufficient budget for and administer the contract. cost for Palm Street is estimated at $26,500.00 and funds are available in the Major Street Improvement this work. Upon a motion by Councilman Medders, Cooperative Agree- ment between the City and County of Kern for widening and reconstruction of Palm Street east of Real Road, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 919 of the Council of the City of Bakersfield declaring its intention to order the vacation of portions of 32nd, 33rd, and "K" Streets, in the City of Bakers- field. This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 38-77 of the Council of the City of Bakersfield ordering the vacation of portions of 32nd, 33rd, and "K" Streets, in the City of Bakersfield, was adopted by the following rol~ call vote: Ayes: Councilmen Ratty, Rogers, Strong, Barton, Christensen, Medders Noes: None Absent: Councilman Sceales This is the time set for public hearing before the Council on Resolution of Intention of the Council of the City of Bakersfield declaring its intention to grant renewal of Spur Track Permit in and along 15th Street between "O" and "N" Streets to the Atchison, Topeka and Santa Fe Railway Company, pursuant to City Charter proceedings for granting of franchise. Bakersfield, California, May 23, 1977 - Page 10 pation. portion of the hearing was closed for action. Upon a motion by Councilman New Series of the Council of the City This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- No protests or objections being received, the public Council deliberation and Strong, Ordinance No. 2349 of Bakersfield granting to Atchison, Topeka and Santa Fe Railway Company, its successors and assigns, a Permit to continue to maintain and operate Spur Track in Fifteenth Street between "0" and "N" Streets, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Medders Noes: None Absent: Councilman Sceales Executive The Council recessed to on salary negotiations. Recess. Upon a motion by Councilman the regular meeting at 10:50 P.M. at 5:00 P. M. Strong, Barton, Christensen, Session. an Executive Session for report Strong, the Council recessed until Wednesday, May 25, 1977, A~rsfield, Calif. ATTEST: CITY~K and~ Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, May 25, 1977 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., May 25, 1977. The meeting was called to order by Mayor Hart. The City Clerk called the roll as follows: Mayor Hart. Councilmen Ratty, Rogers, Strong, Barton, Present: Absent: Christensen, Medders Councilman Sceales Special Legislative Report. At the Council Meeting of May 23, 1977, action was deferred on Special Legislative Report No. 2-77 regarding Federal Unemployment Compensation Act Amendments, until the City Attorney had time to gather further information on the cost of the City's participation in the lawsuit to test the validity of the amend- ments. City Attorney Hoagland stated that the NIMLO Federal Unemployment Compensation Tax Litigation Trust Fund want to collect $300,000.00 to retain the firm of Rhyne and Rhyne to test the validity of these amendments. As of last week $850,000.00 has been collected and they expect to have $1,500,000.00 by the end of this week. NIMLO does not care whether or not the City of Bakersfield participates in the lawsuit and will not change their rules for this City. They do not believe that the cost of the lawsuit will exceed the anticipated $300,000.00, and the money collected over the amount needed for the lawsuit will be prorated back to the participants. Their preliminary legal tactic is to get an injunction against the Federal Government for applying this act to those cities and states who participate. If the City of Bakersfield does not participate we will not be named in any injunction that prohibits the Federal Government from applying the law to us and we will have to pay into the Federal Unemploy- ment Compensation Act Amendments. Bakersfield, California, May 25, 1977 - Page 2 After discussion, upon a motion by Councilman Rogers, Special Legislative Report No. 2-77 regarding Federal Unemployment Compensation Act Amendments, was accepted; and the City's partici- pation in the lawsuit and payment of $5,000.00 to the NIMLO Federal Unemployment Compensation Tax Litigation Trust Fund, was authorized, by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Barton, Medders Noes: Councilman Strong Absent: Councilman Sceales Abstaining: Councilman Christensen Councilman Christensen stated that he abstained from voting on this matter because it was too vague. Upon a motion by Councilman Rogers, Budget Transfer from Council Contingency Fund Account No. 11-512-6100 to City Attorney's Professional & Consulting Fees Account No. 11-422-4100 in the amount of $5,000.00 for payment to the NIMLO Federal Unemployment Compensation Tax Litigation Trust Fund, was approved by the following roll call vote: Ayes: Councilmen Ratty, Rogers, Barton, Medders Noes: Councilman Strong Absent: Councilman Sceales Abstaining: Councilmen Christensen Executive Session. The Council recessed to an Executive Session for report on salary negotiations. Adjournment. There being no further business to come before the Council, upon a motion b~~o ~11y~.~ b~ a 'lman Barton, the meeting was adjourned at 6:45 P.M. sfleld, Callf ATTEST:/ CITY CL~and~x-~Of~ll, ionic erk of the Council of the City of Bakers~ield, California ma Bakersfield, California, June 6, 1977 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 8:00 P.M., June 6, 1977. the City of City The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend James E. Davis of the First Congregational Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Rogers, Sceales, Strong, Absent: None Barton, Minutes of the regular meeting of May 23, 1977 and Recessed Meeting of May 25, 1977, were approved as presented. Correspondence. Upon a motion by Councilman Rogers, communication from State Department of Transportation, dated May 23, 1977, regarding the City's rejection of bids for construction of Chester Avenue between 24th Street and Garces Circle, FAU Project No. M-F294(2), was received and ordered placed on file. Upon a motion by Councilman Strong, communication from Ms. Sofiea B. Clerico, 4409 Hillsborough Drive, dated May 27, 1977, withdrawing request for Home Occupation Permit, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from Elmer Fox, Westheimer & Co., Certified Public Accountants, dated May 25, 1977, submitting a proposal for the audit of financial statements of the City of Bakersfield for year ending June 30, 1977, was received and referred to the Budget Review and Finance Committee. Upon a motion by Councilman Ratty, communication from Golden Empire Transit, dated May 25, 1977, submitting their proposed budget for Fiscal Year 1977-1978 and notification of public hearings on said budget, was received and ordered placed on file. Christensen, Medders, Ratty Bakersfield, California, June 6, 1977 - Page 2 99 Upon a motion by Councilman Rogers, communication from Arvin-Edison Water Storage District, dated June 1, 1977, requesting the City of Bakersfield and County of Kern to impose mandatory curtailment of domestic water use, was received and ordered placed on file. Councilman Rogers stated that on February 28, 1977, the Council adopted a resolution urging residents of the City of Bakersfield to reduce personal water use and eliminate waste of available water supplies on a voluntary basis. Upon a motion by Councilman Medders, position paper from the 1976-77 Kern County Grand Jury, dated June 6, 1977, regarding Violations of Public Grade Crossings by Railroads, was received, ordered placed on file and the City Attorney was requested to communicate with the Grand Jury and inform them of the City of Bakersfield's authority, responsibilities and limitations in regards to railroad crossings. Upon a motion by Councilman Medders, communication from the Kern County Office on Aging, dated June 3, 1977, regarding public hearing on the State Plan on Aging for Fiscal Year 1978, to be held June 17, 1977 from 10:00 A.M. to 4:00 P.M. at Scott Community Center, 1101 East Belle Terrace, was received and ordered placed on file. Council Statements. Councilman Christensen announced that he appointed Mr. Steven Ladd, 513 Bobwhite Court, to the Charter Review Advisory Commission. Councilman Barton made a motion that the name of the Charter Review Commission be changed to Charter Review Advisory Committee and after considerable discussion withdrew the motion with the understanding that this is an advisory commission only. Mayor Hart announced that he appointed Mr. Hugh Sill, Sr., 1809 Beech Street, to the Charter Review Advisory Commission. iO0 Bakersfield, California, June 6, 1977 - Page 3 Councilman Rogers announced that he appointed Mrs. Jill Haddad, 2501 Crest Drive, to the Charter Review Advisory Commission. Councilman Rogers made a motion that all members of the Charter Review Advisory Commission be residents of the City of Bakersfield. This motion carried by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Councilman Ratty stated that during the short time he has been on the Council it has become increasingly obvious that there exists little effective communications among the Councilmen. We as Councilmen must seek a better atmosphere which lends itself to an indepth personal discussion on how to function better in the public as a body. The Council must learn to interact with one another, therefore, I would like to make a motion that this Council meet informally at noon of the day of the formal meeting at an appropriate dining room and said meeting be placed on the agenda. This meeting is not meant to replace the pre-meeting held before the Council Meeting or any of the formal deliberations of the regular meeting. It is intended only to be added as a tool to help the Council understand and express itself more effectively at the regular meeting. City Attorney Hoagland stated that the Council could have that meeting as long as it is noticed as a meeting on the regular Council agenda and the public and news media are not barred from attending. It must also be understood that at this meeting no decisions or agreements to make decisions can be made. Mayor Hart stated that no formal action would be required to hold the noon meetings. Reports. Councilman Strong, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 8-77 regarding Finance Department Reorganization, as follows: Bakersfield, California, June 6, 1977 - Page 4 101 In line with other departmental reorganizations which take place periodically throughout the City, the City Manager's Office has recommended some major changes in the Finance Department. Several months ago, the Assistant Finance Director's position became vacant and since that time the staff has been evaluating the needs of the Finance Department before filling the vacancy. Attached to this report are memorandums from Finance Director, D. L. Haynes, to City Manager, H. E. Bergen, which outline in detail the Finance Director's requests for this reorganization. The staff has analyzed these requests and presented a modified proposal to the GEP Committee which will result in an overall savings and add to the efficiency of the department. The staff proposals are to eliminate the authorization of Assistant Finance Director, create a new position of Data Processing Manager, upgrade the present Internal Auditor classification, and change the present Data Processing and Systems Supervisor classifi- cations from the Management Unit to the Supervisory Unit. The Finance Director intends to shift the workloads internally whereby he and the Internal Auditor can absorb the responsibilities of the Assistant Finance Director if the time spent in managing the Data Processing Division by the Finance Director is taken over by a full-time Data Processing Manager. As a result of this reorganization, the staff anticipates more efficiencies in areas such as Police Statistics, Cost Accounting, Management Information, and Accounts Receivable. In addition, an overall evaluation of the entire Data Processing system will be completed through the expertise of the new Data Processing Manager. At the conclusion of this study, as well as other evaluations of the department by the Finance Director and the City Manager's Office, it is anticipated that further reorganizations will be forthcoming during the 1977-78 fiscal year. The GEP Committee has reviewed this reorgani- zation during several meetings with the staff and as a result we are recommending the following: 1. Eliminate the authorization of Assistant Finance Director. Create the classification of Data Processing Manager at a monthly salary range of $1655 to $2016 and place this classification in the Management Unit. Upgrade the Internal Auditor's monthly salary range from $1230 - $1499, to $1351 - $1645. 1_02 Bakersfield, California, June 6, 1977 - Page 5 Change the Data Processing and Systems Supervisor from the Management Unit to the Supervisory Unit effective the first pay period in July, 1977. The overall annual savings of this reorganiza- tion will amount to approximately $4,000. In order the effectuate these changes, the GEP Committee is recommending adoption of the attached salary resolutions and job specifi- cations. Upon a motion by Councilman Strong, Governmental Efficiency and Personnel Committee Report No. 8-77 regarding Finance Department Reorganization, was accepted; and recommendations as delineated in the report, were approved. Adoption of Resolution No. 39-77 of the Council of the City of Bakers- field amending Resolution No. 46-76, setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Strong, Resolution No. 39-77 of the Council of the City of Bakersfield amending Resolution No. 46-76, setting salaries and related benefits for Officers and Employees of 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 Strong, Report from the City Manager regarding Council Meeting Dates, was deferred until the Council Meeting of June 13, 1977. City Manager Bergen read a report regarding Skateboard Parks, as follows: At the meeting of May 23, 1977, the Council referred a communication from Concrete Surf Company to the staff for a study and report back. The thrust of the request from Concrete Surf was for the lease of park property in two spearate locations, for the construction of skateboard parks. Bakersfield, California, June 6, 1977 - Page 6 103 From the beginning, the staff has not felt that the matter at issue was whether or not there should be skateboard parks within the City. Skateboard parks have been built in many areas of the country and have been to date, quite successful. The issue at hand is really whether or not the lease of park property for private enterprise, such as this, is a proper use of park lands. This proposal is significantly different from the one involving the handball-tennis complex at Beach Park. Historically, private enterprise has not built handball and tennis courts for public use. The only such facilities were either private clubs or they were built at public expense in park areas. The tennis-handball complex at Beach Park was an opportunity for private capital to invest in a public enterprise. Skateboard parks, on the other hand, have been and are continuing to be built for the benefit of the general public by private enterprise. Such being the case, the staff cannot recommend that public lands be leased for such a private enterprise. Notwithstanding our objection to the use of park property, the City is more than willing to work with any developer to provide such a facility for the enjoyment of the community. Upon a motion by Councilman Medders, report from the City Manager regarding Skateboard Parks, was accepted; and recom- mendation that public lands not be leased for such a private enterprise, was approved. Director of Public Works Hawley read a report from the Public Works Department regarding Relinquishment of Frontage Roads Along Freeway 58, as follows: On April 18, 1977, the City Council referred to the staff for review and recommendation a proposal by the State Department of Trans- portation to relinquish to the City various frontage roads, relocated and reconstructed city streets; cul-de-sacs and other local roads adjacent to Freeway 58. These parcels are being relinquished in accordance to freeway agreement dated February 19, 1962 between the City and the State. We have made a field review of the parcels to be relinquished and they have been constructed to City standards. It is recommended the City accept title. Upon a motion by Councilman Medders, report from the Public Works Department regarding Relinquishment of Frontage Roads Bakersfield, California, June 6, 1977 - Page 7 along Freeway 58, was received and ordered placed on file. Director of Public Works Hawley read a report from the Public Works Department regarding Traffic Problems on Redlands Drive, as follows: Pursuant to the Council's request at the April 11, 1977 Council Meeting, we have reviewed the traffic data and made a field study of traffic movements along Redlands Drive between Pasadena Street and Oswell Street. Attached is a report of the findings by Jerry Hahs, Traffic Engineer. As recommended in the report, I have ordered the installation of curve warning signs in advance of the curve along Redlands Drive. In addition, the Police Department will continue increased enforce- ment efforts. Upon a motion by Councilman Rogers, report from the Public Works Department regarding Traffic Problems on Redlands Drive and recommendations therein, was accepted. Mr. Joe McCann, 3307 Redlands Drive, the curve warning signs slowdown traffic, but their intention to request that stop signs be stated that he hopes if it doesn't it is installed. Mrs. Marjorie Holt, 3201 Redlands Drive, stated that she is very disappointed with the decision of the Council to provide only a curve sign, and the residents of this street still feel that stop signs are warranted for the safety of the children. Jerry Hahs, Traffic Engineer, explained the reason the recommendation was made to install curve warning signs instead of stop signs. Mr. Tom Edwards, 3325 Redlands Drive, requested that the Council install a 3-Way Stop Sign at Redlands Drive and Auburn Street. After considerable discussion, Councilman Rogers made a motion that the Traffic Department be directed to install a 3-Way Stop Sign at the intersection of Redlands Drive and Auburn Street. This motion carried by the following roll call vote: Ayes Councilmen Rogers, Sceales, Strong, Barton, Christensen, Noes Absent: Medders None None Bakersfield, California, June 6, 1977 - Page 8 105 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4519 to 4665, inclusive, in the amount of $261,503.04. (b) Claim for Damages from William H. Herron, Sr., 704 Lincoln Avenue, Bakersfield. (Refer to City Attorney) (c) Grant Deed from Tenneco Realty Develop- ment Corporation providing a 10 acre park site adjacent to Castle School, near the intersection of Wilson Road and Edgemont Drive. (d) Map of Tract No. 3879 and Improvement Agreement for construction of improve- ments therein - located north of West Columbus Street and west of Union Ave. (e) Map of Tract No. 3911 "A" and Improvement Agreement for construction of improve- ments therein - located north of Ming Avenue and west of Valhalla Drive. (f) Notice of Completion and Acceptance of Work on construction of Storeroom Addition at Wayside Park and at Saunders Park - Contract No. 77-52 with J. E. Stanley. (g) Application for Encroachment Permit from Willie Hollins, 105 "U" Street, for construction of 4-foot high chain link fence along 100 block of "U" Street, adjacent to back of sidewalk. (h) Application for Encroachment Permit from Walter Littler, 1209 McCurdy Drive, for construction of 4-foot high concrete wall on north side of Bernard Street, west of Cleo Court, adjacent to back of sidewalk. (i) Application for Encroachment Permit from H. J. Reinhardt, 631 Truxtun Avenue, for construction of building fascia and trellis attached to building and projects 18" into the public right-of-way on Truxtun Avenue. The vertical clearance is 7'6" from sidewalk grade. Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (f), (g), (h) and (i) 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 106 Bakersfield, Cali£ornia, June 6, 1977 - Page 9 Action on Bids. Upon a motion by Councilman Sceales, low bid of Granite Construction Company for resurfacing portions of Columbus Avenue and Benton Street and reconstruction of a portion of Monterey Street, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Sceales, low bid of Galland Electric for installation of traffic signa~ systems at the inter- sections of New Stine Road & Sundale Avenue and "Q" Street & 34th Street, and also street improvements at the intersections of Truxtun Avenue & "H" Street and Truxtun Avenue & Chester Avenue, was approved, the other bid rejected and the Mayor was authorized to execute the contract. Deferred Business. Continued Hearing on 5 Parcels of Property deferred from Assessment List of 1976 Weed Abatement Program. This is the time set for continued hearing on Parcel Nos. 018-320-13, 019-072-11, 017-270-06, 017-430-01 and 019-042-06 that were deferred from the Assessment List of the 1976 Weed Abatement Program which was held May 16, 1977. Chief Needham stated that the property owners of the five parcels in question have been duly notified of the continued hearing as per the Council's request. During discussion, upon a motion by Councilman Strong, Parcel No. 017-270-06 belonging to Mr. Chester Little, was deleted from the Assessment List of the 1976 Weed Abatement Program as he did not own the property when the notice was sent out to destroy the weeds. After further discussion, Councilman Strong made a motion that due to delays in the program that Parcel Nos. 018-320-13, 019-072-11, 017-430-01 and 019-042-06 be deleted from the Assess- ment List of the 1976 Weed Abatement Program. Bakersfield, California, June 6, 1977 - Page 10 107 Councilman Medders suggested that if the Weed Abatement Program is submitted to the Governmental Efficiency and Personnel Committee for study that they consider, instead of cleaning the lots, issuing tickets to the property owners and fine them if they are not cleaned. Councilman Strong's motion that due to delays in the program Parcel Nos. 018-320-13, 019-072-11, 017-430-01 and 019-042-06 be deleted from the Assessment List of the 1976 Weed Abatement Program, was approved by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Ratty Noes: Councilmen Medders Absent: None New Business. First reading of an Ordinance of the Council of the City of Bakersfield amending Sections 5.16.010, 5.16.020, 5.16.030 and 5.16.040 of the Munici- pal Code concerning Unclaimed Property. This ordinance conforms City law to State law, in regards to unclaimed property. It requires the Police Department to store such property for specified periods and restore to owner on proof of ownership. After lapse of storage period, unclaimed property may be sold or retained for public use, and bicycles and toys may be used in juvenile delinquency prevention programs. First reading was considered given an Ordinance of the amending Sections 5.16.010, the Municipal Code concerning Council of the City of Bakersfield 5.16.020, 5.16.030 and 5.16.040 of Unclaimed Property. This Kern Community from June 13, Approval of Joint Powers Agreement between City of Bakersfield and Kern Community College District Addendum No. 4 to Agreement No. 28-72 concerning use of Bakersfield Community College Swimming Pool. is an addendum to the original agreement with the College District for use of their swimming pool 1977 through August 12, 1977. 108 Bakersfield, California, June 6, 1977 - Page ll Upon a motion by Councilman Ratty, Joint Powers Agree- ment between the City of Bakersfield and Kern Community College District - Addendum No. 4 to Agreement No. 28-72 for use of swimming pool from June 13, 1977 through August 12, 1977, was approved and the Mayor was authorized to execute same. Approval of Contract with Musicians' Union Local 263 for Seven Band Concerts in Beale Park. Upon a motion by Councilman Medders, Contract with Musicians' Union Local 263 for seven Band Concerts to be held in Beale Park commencing June 19, 1977 and extending through July 31, 1977, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing before the Council on Resolution of Intention No. 920 of the Council of the City of Bakersfield declaring its intention to order the vacation of the Alley east of Chester Avenue between Geneva Avenue and the Southern Pacific Railroad, in the City of Bakersfield. This hearing has been duly advertised and posted. Mayor Hart declared the hearing open for public partici- pation. Mr. H. R. "Bob" Bergman spoke in favor of the vacation of the alley. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Resolution No. 40-77 of the Council of the City of Bakersfield ordering the vacation of the Alley east of Chester Avenue between Geneva Avenue and the Southern Pacific Railroad, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Medders, Ratty Noes: None Absent: None Strong, Barton, Christensen, Bakersfield, California, June 6, 1977 - Page 12 109 This is the time set for continued public hearing before the Council on the initiated action by the Planning Commission to Zone Upon Annexation to an R-1 (One Family Dwelling) and to an R-1-CH (One Family Dwelling - Church), or more restrictive, Zones, affecting that certain property in the County of Kern, north and east of Highland High School, known as Fairfax No. i Annexation. 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 May 16, 1977. Mr. Berdell Dickinson, 3904 Panorama Drive, urged the Council to expedite the annexation of Fairfax No. 1, if possible. Upon a motion by Councilman Rogers, public hearing on the Zoning Upon Annexation of Fairfax No. 1 Annexation, was continued until July 25, 1977, by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty None Noes: Absent: None This is the time set for public hearing on application by Louis J. Brandt to amend the zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-1 (Limited Commercial), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 240 Chester Avenue (rear portion). This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. The adjacent properties are zoned C-2, undeveloped; C-I, undeveloped; and R-3 which is improved with a large apartment complex. The proposed zoning would conform to the Land Use Element of the General Plan; however, to ensure that future development will be compatible with the existing abutting residential development 110 Bakersfield, California, June 6, 1977 - Page 13 the Planning Commission recommended that the "D" Overlay be applied. An environmental assessment was made and a Negative Declaration was posted on April 21, 1977. The Planning Commission recommended approval of the requested C-1 zoning with the application of the "D" Overlay and found that it would be consistent with the General Plan. Mayor Hart declared the hearing open for public partici- pation. Mr. Louis J. Brandt, 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 Medders, Ordinance No. 2350 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 240 Chester Avenue and find said zoning consistent with the General Plan, 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 on application by Donald G. Sharpe to amend the zoning boundaries from an R-2-D (Limited Multiple Family Dwelling - Architectural Design), Zone to a P.U.D. (Planned Unit Development), or more restrictice, Zone, affecting that certain property in the City of Bakersfield located on the east side of "Q" Street, between 38th Street and 40th Street. This hearing has been duly advertised the property posted and the property owners have been notified as required by law. This undeveloped parcel surrounded by apartment complexes. contain 112 of 144 units; contains 4.4 acres and is This proposed P.U.D. would these would be designed in size for Bakersfield, California, June 6, 1977 - Page 14 singles and couples without children. Thirty-seven percent of the total lot area will be open space. The Planning Commission was of the opinion that the requested zoning would be consistent with the General Plan which depicts this area as medium-density residential. An environmental assessment was made and a Negative Declaration was advertised and posted on April 22, ~977. The Planning Commission approved the Negative Declaration, and recommended approval of the P.U.D., as requested and reviewed, subject to certain findings. Mayor Hart declared the hearing open for public partici- pation. Mr. Donald G. Sharpe, the applicant, was present to answer questions of the Council. the public portion of the tion and action. No protests or objections being received, hearing was closed for Council delibera- Upon a motion by Councilman Ratty, Ordinance No. 2351 New Series of the Council of the City of Bakersfield amending Section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property located on the east side of "Q" Street, between 38th Street and 40th Street and making findings in connection with P.U.D. Zone, was adopted by the following roll call vote: Ayes Councilmen Rogers, Noes Absent: Medders, None None This is Sceales, Strong, Barton, Christensen, Ratty the time set for public hearing on application by Robert E. McCarthy, Jr. to amend the zoning boundaries from an R-3 (Limited Multiple Family Dwelling), Zone to an R-3-P (Limited Multiple Family Dwelling - Parking), or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 3020 Jewett Avenue. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Bakersfield, California, June 6, 1977 - Page 15 Subject property, 100' x 167' in size, and having 100 feet of frontage on Jewett Avenue, is bounded by alleys on the east and south sides. Properties to the west and south are zoned and developed with manufacturing. Applicant proposes to develop the parcel for parking facilities for his existing tank and steel operation. The "P" Overlay zone, with the provisions contained in the ordinance, will ensure its compatibility with the R-3 residentially zoned properties to the north and west. An environmental assessment was made and a Negative Declaration was posted on February 16, 1977. The Planning Commission recommended approval of the R-3-P zoning, as requested and reviewed, and found that it would be consistent with the General Plan. Mayor Hart declared the hearing open for public partici- pation. Mr. Michael McCarthy, 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 Christensen, Ordinance No. 2352 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 3020 Jewett Avenue and find said zoning consistent with the General Plan, 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 on application by Tenneco Realty Development Corporation to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling - Architectural Design), to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), Bakersfield, California, June 6, 1977 - Page 16 113 and to a C-2-D (Commercial - Architectural Design), or more restrictive, Zones, affecting those certain properties in the City of Bakersfield located on the east side of Ashe Road, north of White Lane. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property, undeveloped and containing 34 acres, is part of a planned Tenneco neighborhood bounded by Ashe Road on the west and White Lane on the south. Both streets are major arterials, as depicted on the General Plan. Tenneco proposes R-2-D zoning for 16.971 acres; R-3-D zoning for 4.457 acres; and C-2-D zoning for 12.567 acres. These proposals would be consistent with the Land Use Element of the General Plan. An environmental assessment was made and a Negative Declaration was posted on April 21, 1977. The Planning Commission recommended approval of the zonings as requested and reviewed, and determined it would be consistent with the General Plan. Mayor Hart declared the hearing open for public partici- pation. Mr. Chuck Tolfree, representing the applicant Tenneco Realty Development Corporation, 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. 2353 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 Ashe Road and north of White Lane and find said zonings consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Bakersfield, California, June 6, 1977 - Page 17 This is the time set for public hearing on application by Earl White to amend the zoning boundaries from an R-S (Residential Suburban), Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive, Zone, affecting those certain properties in the City of Bakersfield commonly known as 1816 through 2016½ Planz Road. This hearing has been duly advertised, the property posted and the property owners have been notified as required by law. Subject property contains approximately 3.5 acres of undeveloped land sandwiched between R-3 zoned property on the north and south sides. At the time of annexation this area was an outlying district on which animals were kept on several of the parcels. It is now surrounded by urban development and this proposed R-3-D would allow a logical use of the land and would be consistent with the Land Use Element of the General Plan. An environmental assessment was made and a Negative Declaration was posted on April 8, 1977. The Planning Commission recommended approval of the R-3-D zoning, as requested and reviewed, and found this zoning consistent with the General Plan. Mayor Hart declared the hearing open for public partici- pation. Mr. Bob Pettis, Sierra Real Estate, was present to answer questions of the Council. No protests or objections being received, the public portion of the hearing was closed for Council delibera- tion and action. Upon a motion by Councilman Barton, Ordinance No. 2354 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 1816 through 2016 Planz Road and find said zoning consistent with the Bakersfield, California, June 6, 1977 - Page 18 115 General Plan, was adopted by the following roll call vote: Ayes: Councilmen Rogers, Sceales, Strong, Barton, Christensen, Medders, Ratty Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 10:15 P.M. Calif. ATTEST: CITY C~RK an~ ~x-O~icio Clerk of the Council of th~ City of BakerSfield, California ma 116 Bakersfield, California, June 13, 1977 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., June 13, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Reverend Robert Sanford of the Wesley United Methodist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers Absent: None Minutes of the regular meeting of June 6, 1977 were approved as presented. Correspondence. Upon a motion by Councilman Ratty, communication from Mrs. Nessie C. Paul, 3206 Candace Street, Carmichael, California, dated June 1, 1977, requesting Council opposition to various bills that would require water meters on every unmetered water user in the State of California, was received and ordered placed on file. Upon a motion by Councilman Sceales, communication from Mr. L. N. Hawley, 906 Blossom Street, dated June 6, 1977, requesting lease of property located on southeast corner of Mt. Vernon Avenue and Brundage Lane for an Open-Air Fruit Stand, was received and referred to staff for study and recommendation. Upon a motion by Councilman Strong, communication from State Commission on Aging, dated June 7, 1977, commending the Council's effort to better the lot of older people in this com- munity, was received and ordered placed on file. Upon a motion by Councilman Rogers, communication from Porterville Area Environmental Council, dated June 10, 1977, recommending that the Council take certain actions to protect the environment along the lower Kern River area, was received and referred to the Water and City Growth Committee. 11.7 Bakersfield, California, June 13, 1977 - Page 2 Upon a motion by Councilman Rogers, communication from residents of Redlands Drive, dated June 10, 1977, expressing their gratitude to the Council for installation of a 3-Way Stop Sign on Redlands Drive, was received and ordered placed on file. Reports. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 2-77 regarding Water Board, as follows: When the City acquired the water rights from Tenneco West, Inc. last December, it was determined that the entire water operation should be self-sufficient. The Water Depart- ment has been established as an enterprise fund and operates on the revenue which it generates. It does not receive revenue from the General Fund of the City. It is the Department's responsibility to work within a budget approved by the City Council. In order to assure that the Water Department has the flexibility to insure its self- sufficiency it is necessary to establish a Water Board to handle many of the routine responsibilities that are a normal part of managing an asset such as this. Typically this could include authorizing exchange of water, overseeing the operation of the Ashe Water service area including main line exten- sions and the short-term sale of excess water. This Committee recommends that the board be established and that it be composed of the Water and City Growth Committee members plus the City Manager and the City Attorney. The power of the board would be basically threefold: First, they would establish water rates; secondly, they would have the power to employ nonpermanent persons as the operation of the system may require; and thirdly, the board would have the power to control and order expenditures of money subject to a budget which would have prior approval of the City Council. An ordinance to accomplish this purpose is attached and this is considered first reading. Upon a motion by Councilman Rogers, Water and City Growth Committee Report No. 2-77 regarding Water Board, was accepted. First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 1.30 to the Municipal Code creating the Bakersfield Water Board, setting forth the powers and duties of said Board. Bakersfield, California, June 13, 1977 - Page 3 First reading was considered given an Ordinance of the Council of the City of Bakersfield adding Chapter 1.30 to the Municipal Code creating the Bakersfield Water Board, setting forth the powers and duties of said Board. Councilman Sceales, Chairman of the Intergovernmental Relations Committee, read Report No. 1-77 regarding Bakersfield Airpark, as follows: In February of 1976, the City Council received a report on the Bakersfield Airpark and endorsed recommendations 2, 3 and 4. Those recommendations are attached to this report for the Council's reference. Over the past year, the City has at various times met with the County in an attempt to implement the recommendations, but little progress has been made. The problem the staff and the County have been confronted with is a lack of significant information about the airpark, its facilities, its operation, and the implications of public ownership. Because of this the staff has been in touch with the Federal Aviation Adminis- tration concerning a master planning grant. The City would act as the lead agency and we are hopeful that the County will formally agree to participate also. Under the grant the FAA pays 90 percent o£ the cost and the City would have a master plan done to deter- mine if the continued existence of a privately owned airpark would better serve the Bakers- field area if it were publically owned; under what type of organizational arrangement it should operate; study alternative sites; and determine facility requirements. All of the actual grant elements would be performed by a consultant familiar with airport planning. This Committee feels that this master planning grant will provide the necessary information upon which to base future decisions both in the City and in the County. This Committee recommends that the staff be authorized to proceed with the preliminary work to prepare a grant application. Final approval o£ the application will be brought back to the City Council at a later date. Upon a motion by Councilman Sceales, Intergovernmental Relations Committee Report No. 1-77 regarding Bakers£ield Airpark, was accepted; the staff was authorized to proceed with the pre- liminary work to prepare a master planning grant application to Bakersfield, California, June 13, 1977 - Page 4 119 be brought back to the Council for final approval; and the staff was requested to prepare a list of qualified consulting firms for Council consideration. Upon a motion by Councilman Sceales, the staff was directed to formally request the Kern County Board of Supervisors to participate in the study on the Bakersfield Airpark. City Manager Bergen read a report regarding Council Meeting Dates, as follows: At the City Council meeting of April 4, 1977, the staff was instructed to prepare a report regarding the ramifications of changing the meeting dates of the City Council. The minutes from that meeting indicate that the staff was to include within that report (1) the average amount of time that each Council Meeting takes, and (2) an indication of the meeting dates of other agencies, such as school boards, com- mittees, commissions, etc. Subsequent direction from the Council has also indicated a need to review all aspects of a Councilman's duties. Those points will be addressed in the report. I. Duties The Duties of the City Council The City of Bakersfield Charter (Chapter 12) sets forth the duties of Councilmen. This section is the one which sets apart Charter from General Law cities by defining those things considered a "municipal affair." Under this section, the Council has a broad grant of power to perform those functions not specifi- cally restricted by the Constitution or State law. In summary, the City Council establishes local laws, sets policy, approves programs, appropriates funds, establishes the City's tax rate and in general, provides to the citizens a better, more attractive and healthier place to live. As a result, these duties imply that the City Council must spend a considerable amount of time determining policy which dictates a level of services. Policy Determination Policy determination is a process of deciding what is to be done. The staff responsibility is how it is to be done. The manner in which the Council arrives at policy decisions is done in basically four steps: Determining what is needed. Many sources of information are available such as, a Councilman's own observations, requests of individual citizens or citizens' group, and the recommendations of staff. 120 Bakersfield, California, June 13, 1977 - Page 5 Determining the will of the people. The views of interest groups, discussions with individuals, and the Council's own re- actions as citizens must be evaluated. o Determining the level of service that can be provided consistent with the financial capabilities of the City. 4. Taking action. Public Leadership Probably equally important, and the most time consuming, role of a Councilman is in the area of public leadership. Public leadership is more than policy determination because it implies the involvement of and contact with people. It requires the Council to generate and promote City-wide programs. There are, basically, three ways for the Council to assure public leadership: 1. Critically examine traditional City policies and operations. 2. Assume the role of a community opinion leader. 3. Generate public support. Demands on a Councilman's Time The foregoing discussion has served to point out that the duties of a Councilman are not limited or restricted to the time set for Council meetings. In fact, the interval between meetings is much more time consuming. One of the heaviest demands on a Councilman's time is the necessity to evaluate the infor- mation and material with which he is confronted. It comes from all sources, both within and outside the City organization. Councilmen have basically three sources to obtain infor- mation. First, talking with groups and individuals, and keeping in touch with what is going on. This is a time consuming activity however. Secondly, information comes unsolici- ted in the form of complaints, suggestions and ideas from interest groups. The third source of information is the City staff. Occasionally, a fourth source is used in the form of special citizen advisory boards such as was formed for the Sign Ordinance and is being formed to review the Charter. These special committees present an additional demand on time. The'kverage" citizen does not always understand government. It does not see why the man whom he votes as a Councilman should not personally serve him. One of the greatest problems for a Councilman is getting over to the public that Bakersfield, California, June 13, 1977 - Page 6 the true function of a Councilman is to be a generalist in policy making. The Council, therefore, has an important public relations role to play in providing leadership. In this role, the Council's responsibility is for informing the citizen by explaining the City's programs. To do this he must use extensive use of the media in press releases, interviews, etc. Other Duties Between Meetings Homework - A large volume of information is supplied to each Councilman relative to items on the agenda. Each Councilman spends a sizeable amount of time reading this material and preparing for the meeting. He must frequently personally visit the site or meet with his constituents to determine a proper course of action. Representing the City - An important task is that of representing the City at all levels of government in matters of muni- cipal interest. This frequently includes meeting with the Board of Supervisors and our legislative representatives. Conferences - As a Councilman becomes more involved with his duties he will, by necessity, attend conferences dealing with municipal problems. These conferences offer the Councilman an opportunity to hear how other cities handle problems. Ceremonial Duties - Each Councilman, at one time or another, is called upon to represent the City at various community and social functions. Citizen Complaints - Every Councilman can expect to receive occasional complaints, some of which may find their way to the Council meeting and as in the case of regular agenda items, he again may have to spend time visiting the site of the com- plaint and working with the staff to take warranted corrective action. Committee Meetings - With seven standing committees and each Councilman serving on three of them, chairing one, the time spent in this activity can be substantial. Service and Special Organizations - Almost every Councilman belongs to one or more service clubs in which he formally or informally represents the City. In addition, some members represent the City in County, State and Federal level committees. Summary The City operates under a Council-Manager form of government where the City Manager has Bakersfield, California, June 13, 1977 - Page 7 "general supervision and direction of the administrative operation of the City." In order for the Manager to carry out this function he must have policy and program guidance from the City Council. Policy development is not easily accomplished and the foregoing dis- cussion has served to highlight the amount of time and the level of commitment that is necessary when a person accepts the respon- sibility of becoming a Councilman. It also points up the fact that the time spent by a Councilman in a public meeting is only the "tip of the iceberg." There is a responsi- bility to fairly evaluate the needs of the community and translate those needs into policy. It must be remembered that the City Council serves on a part-time basis with only a token salary relative to the time commitment required to adequately perform their duties. They are all businessmen in the community who make a sacrifice on their own time and money to be a Councilman. II. Meeting Times What California Cities Do The first step the staff took was to evaluate the meeting dates of all cities in the State of California. We used, as our reference, the roster of California cities put out by the Secretary of State's Office. Four hundred and eleven cities are reported in that roster and the breakdown is as follows: Each week 28 4 times per month - 16 2 times per month - 303 1 time per month 52 Other 12 Using the same statistics, but determining the days on which they meet, the following is observed: Monday - 181 Tuesday - 153 Wednesday - 48 Thursday - 25 Other 4 Attachment 1 details the meeting dates for all of these cities. Cities Between 50,000 and 100,000 The staff has also looked at all cities within the 50,000-100,000 population range (the range in which the City of Bakersfield falls). The statistics are as follows: Bakersfield, California, June 13, 1977 - Page 8 123 Each week - 14 4 times per month - 9 2 times per month - 22 Other - 5 And they meet on the following days: Monday - 24 Tuesday - 24 Wednesday - Other - i Attachment 2 details the meeting schedules of these cities. Other Agency Meeting Dates Attachment 3 indicates the various meeting dates for public and private agencies. Meetings of the City Council A review of the past five years' meetings reveals the Council has had the following number of regular meetings: 1972 - 41 1973 - 37 1974 - 39 1975 - 41 1976 - 40 In addition to these regular meeting, the Council has averaged one special and three recessed meetings a year. A detailed analysis was made for the years 1974, 1975, and 1976 to determine the length of meetings. Averages for these years are as follows: Regular Sessions 1974 - i hour 27 minutes 1975 - 1 hour 43 minutes 1976 - 1 hour 30 minutes Summer Sessions 1974 - 1 hour 1 minute 1975 - i hour 55 minutes 1976 1 hour 12 minutes So far this year, the Council meetings have averaged 1 hour and 24 minutes. As can be seen from these times, the Council generally spends less time at its meetings during the summer schedule when the Council is only meeting twice per month, than it does during its regular sessions when it is meeting every week. It is also interesting to note that the summer sessions, from a standpoint 124 Bakersfield, California, June 13, 1977 - Page 9 of the amount of City business, are some of our busiest, since it is the time directly after the budget has been adopted and the City is implementing many of the programs that have been approved in the budget. Analysis Based upon the majority of cities our size meeting on a twice per month schedule, and the fact that the Council has shown by its past performance that it can easily conduct the amount of business in a reasonable length of time on a twice per month meeting schedule, it would appear that this would be a reasonable alternative for the Council to adopt. It is important for the Council to bear in mind that they may continue a regular meeting of the Council if there is a pressing issue which needs to be decided. This would also give the Council the flexibility to hold special meetings when and if required. Because of this, it is quite possible that even though a change to twice per month meeting schedules may be estab- lished, the overall number of meetings held by the City Council may not change. While the specific actions of the Council do not necessarily take a great deal of time, it has become far more complex to implement those actions, particularly when measured in the work load of the City Clerk's Office. That office has had to take on additional responsibilities of the Fair Political Practices Filings, as well as the Conflict of Interest Codes for all one hundred and sixty designated City employees and board and commission ~embers. This has been an additional burden on that office, and that, coupled with the work of processing the Council's actions, is going to necessitate an additional employee or two in that office in the very near future. If, however, the Clerk's Office is given additional time to process materials generated by the City Council, as would be the case in a twice per month meeting schedule, this situation could be greatly relieved. With respect to the day of the week for meetings, it would appear that Tuesdays, and in particular the 2nd and 4th Tuesdays of each month, would have the least conflict. If a Monday schedule was established, there would be a conflict with Monday holidays. The first Tuesday is the Kern COG meeting, and a member of the Council sits on that board. It should be noted that LAFCO meets on the 2rid and 4th Tuesdays; however, since a significant part of the LAFCO delibera- tions involves the City, we have not had a representative on that board because of conflict of interest. Bakersfield, California, June 13, 1977 - Page 10 125 Conclusion It would appear that the City Council could change its meeting dates to the 2rid and 4th Tuesdays of each month and still conduct its business in a reasonable length of time. It would allow the Council members more time to attend to other City business. This change would not, however, decrease the work load of the staff, except the Clerk's Office as already noted. These dates would not conflict with other boards and commissions, and, based upon past experience, would not significantly lengthen the duration of meetings. This change could be implemented at the time of our tradi- tional summer schedule. Councilman Christensen stated that the Council did not ask for a report to justify a change, they ask for facts instead of the feasibility of making such a change. This report only points out the advantages of changing Council Meeting dates and not the disadvantages. Councilman Christensen read the statement in the report concerning the need of one or two more employees in the City Clerk's Office because of the Fair Political Practices and Conflict of Interest filings and stated that he had contacted two Cities, Kern County Clerk's Office, and the Fair Political Practices Commission in Sacramento. The Fair Political Practices Commission in Sacramento indicated that they have 5,000 Statewide filings two times a year and have only one or two persons handling this for the entire State. After further comment, Councilman Christensen made a motion that the City Manager give the Council a detailed report as to how one or two people would keep busy with the Fair Political Practice filings and the Conflict of Interests. The time speci- field for the report from the staff was three weeks. This motion carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Christensen, Ratty Councilmen Sceales, Medders, Rogers None 126 Bakersfield, California, June 13, 1977 - Page 11 Councilman Rogers clarified his negative vote by stating that he felt the meaning of the statement in the report was some- what twisted, with Councilman Christensen's comments, and he did not think the City Manager implied that this would require that much additional help just to do this one job. This was just an added burden on the City Clerk's Office. Councilman Rogers made a motion to adopt a Resolution fixing the time of Meetings of the Council of the City of Bakers- field during the months of July, August, September and October, 1977, with the understanding that meeting on the 2nd and 4th Wednesdays of August, September and October is a three month trial period. Councilman Sceales stated that he is not hesitant about changing the Council Meeting dates to two times a month and has supported it from the beginning. If the people want to meet with the Council they will be available and special meetings can be held if necessary. Councilman Strong stated he had reservations about the report but will support the motion because it is on a trial basis, and if the Council sees fit to go back to meeting each Monday night that can be accomplished at a later date. Adoption of Resolution No. 41-77 fixing the time of Meetings of the Council of the City of Bakersfield during the months of July, August, September and October, 1977. After discussion, Councilman Rogers' motion to adopt Resolution No. 41-77 fixing the time of Meetings of the Council of the City of Bakersfield during the months of July, August, September and October, 1977, with the understanding that meeting on the 2nd and 4th Wednesdays of August, September and October is a three month trial period, carried by the following roll call vote: Ayes: Noes: Absent: Councilmen Sceales, Strong, Medders, Councilmen Barton, Christensen None Ratty, Rogers Bakersfield, California, June 13, 1977 - Page 12 127 Councilman Barton stated that he wants to be provided with staff members once a month to meet with constituents of the 7th Ward in that Ward. Councilman Christensen in clarifying his negative vote stated he felt it is regrettable the way the report was introduced. By changing to two times a month from four times a month the people are being robbed of a "government of the people, by the people and for the people" and to give less government to the people to help solve their problems. Councilman Medders stated he does not have reservations about leaving the Council Meetings like they are, but will not oppose a change on a trial basis. If it doesn't work out during the trial period he will make a motion to change back to every Monday night. Councilman Ratty stated he appreciates staff's hard work and long hours. There will be no monetary savings to them as they put in much longer hours than the necessary forty, and he takes exception to the argument that staff is getting some kind of economic remuneration for not being there. Upon a motion by Councilman Ratty, report from the Community Development Director regarding Implementation of the Sign Ordinance, was received and the City Clerk was requested to place on the Agenda for the Council Meeting of June 20, 1977. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4666 to 4757, inclusive, in the amount of $55,205.44. (b) Claim for Damages from Donna E. Myers, 4900 Nordic #9, Bakersfield. (Refer to City Attorney) (c) Claim for Personal Injuries from Isaiah Briggs, 1229 - 4th Street, Bakersfield. (Refer to City Attorney) (d) DELETED 128 Bakersfield, California, June 13, 1977 - Page 13 (e) Application for Encroachment Permit from First Federal Savings & Loan, 1517 - 18th Street, for construction of concrete slumpstone veneer along face of building encroaching into public right-of-way approximately four inches. (f) Plans and Specifications for construction of street improvements on Ming Avenue, "O" Street and San Dimas Street. Upon a motion by Councilman Ratty, Items (a), (b), (c), (e) and (f) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: None Action on Bids. Upon a motion by Councilman Medders, low bid of Peabody- Dewald Company for 30 Refuse Containers, was accepted and the other bid rejected. Deferred Business. Adoption of Ordinance No. 2355 New Series of the Council of the City of Bakersfield amending Sections 5.16.010, 5.16.020, 5.16.030 and 5.16.040 of the Municipal Code concerning Unclaimed Property. Upon a motion by Councilman Sceales, Ordinance No. 2355 New Series of the Council of the City of Bakersfield amending Sections 5.16.010, 5.16.020, 5.16.030 and 5.16.040 of the Munici- pal Code concerning Unclaimed Property, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: None Bakersfield, California, June 13, 1977 - Page 14 New Business. Adoption of Resolution No. 42-77 of the Council of the City of Bakers- field fixing a time and place for hearing protests by persons owning real property within territory designated as "Fairfax No. 1," proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Rogers, Resolution No. 42-77 of the Council of the City of Bakersfield setting July 25, 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 "Fairfax No. 1," 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, Rogers Noes: None Absent: None Adoption of Resolution No. 43-77 of Intention to include within the Greater Bakersfield Separation of Grade District certain territory designated as "Fairfax No. 1," and setting the time and place for hearing objections to the inclusion of said territory within said District. Upon a motion by Councilman Rogers, Resolution No. 43-77 of Intention to include within the Greater Bakersfield Separation of Grade District certain territory designated as "Fairfax No. 1," and setting July 25, 1977, in the Council Chambers of City Hall, as the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following roll call vote: Ayes: Councilmen Sceales, Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: None 130 Bakersfield, California, June 13, 1977 - Page 15 Upon of the Council in the Council Adoption of Resolution No. 44-77 of the Council of the City of Bakers- field fixing a time and place for hearing protests by persons owning real property within territory designated as "Union No. 7," pro- posed to be annexed to the City of Bakersfield. a motion by of the City Chambers of Councilman Barton, Resolution No. 44-77 of Bakersfield setting July 25, 1977, City Hall as the time and place for Council of the of Title 14 of Ayes: Noes: Absent: of Bakersfield, was adopted by the following roll call vote: Councilmen Sceales, Strong, Barton, Christensen, Ratty, Rogers None None First reading of an Ordinance of the Council of the City of Bakersfield amending Section 14.40.040 (a) of Title 14 of the Bakersfield Municipal Code concerning Fireworks. This to be acquired water Treatment Plant No. 2. The cost is $350,235.50, of which 87½% will be paid by Federal and State grant funds and 12~% local funds. This local share will be paid with sewer bond funds and is a budgeted item. Upon a motion by Councilman Rogers, Deed for property from Angus D. Crites as part of the Bakersfield Subregional Sewage System, was accepted and authorization granted to place funds in escrow. Medders, First reading was considered given an Ordinance of the City of Bakersfield amending Section 14.40.040 (a) the Bakersfield Municipal Code concerning Fireworks. Approval of acquisition of property from Angus D. Crites as part of the Bakersfield Subregional Sewage System. purchase is for 318 acres which is part of the land as a disposal site for treated effluent from Waste- hearing protests by persons owning real property within territory designated as "Union No. 7," proposed to be annexed to the City Bakersfield, California, June 13, 1977 - Page 16 131 Approval of acquisition of property from Joffre P. and Marjorie J. Reyes as part of the Bakersfield Subregional Sewage System. This purchase is for 140 acres which is part of the land to be acquired as a disposal site for treated effluent from Waste- 'water Treatment Plant No. 2. The cost is $176,963.94 of which 87½% will be paid by Federal and State grant funds and 12½% local funds. This local share will be paid with sewer bond funds and is a budgeted item. Upon a motion by Councilman Rogers, Deed for property from Joffre P. and Marjorie J. Reyes as part of the Bakersfield Subregional Sewage System, was accepted and authorization granted to place funds in escrow. Executive Session. The Council recessed to an Executive Session for report on salary negotiations. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 10:15 P.M. M ORdersfield, Calif. ATTEST: of the City of BakerYfield, California ma 132 Bakersfield, California, June 20, 1977 Minutes of a regular meeting of the Council o£ the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:20 P.M., June 20, 1977. The meeting was called to order by Vice-Mayor Medders followed by the Pledge of Allegiance and Invocation by Police Chief Bob Price. The City Clerk called the roll as follows: Present: Councilmen Strong, Barton, Christensen, Medders, Ratty (seated at 7:25 P.M.), Rogers, Sceales (seated at 7:35 P.M.) Absent: Mayor Hart Minutes of the regular meeting of June 13, 1977 were approved as presented. Reports. Councilman Rogers, member of the Legislative Committee, read Report No. 3-77 regarding SB 164 - Compulsory and Binding Arbitration for Police and Firemen, as follows: Two years ago the City Council opposed such a measure as this. The League of California Cities opposes SB 164. Compulsory and Binding Arbitration means that if Police and Firemen cannot reach an agreement relative to wages and other conditions of work, such will be decided by compulsory arbitration. The decision of the arbitration is then binding on the Council. Elected officials would no longer have the responsibility of setting wages, hours and working conditions. Elected officials may, under SB 164, have only the respon- sibility of setting a tax rate to meet increases of salaries that may be granted by arbitration. Many editorials have been written against SB 164 by leading newspapers throughout the state, citing the proposition that the responsibility of setting salaries by the elected officials would be eradicated by SB 164. It is the recommendation of the Legislative Committee that the Council oppose SB 164. Bakersfield, California, June 20, 1977 - Page 2 133 Upon a motion by Councilman Rogers, Legislative Report No. 3-77 regarding SB 164 - Compulsory and Binding Arbitration for Police and Firemen, was approved and the Mayor was requested to prepare necessary communications to the State Senator and proper committee, expressing the Council's opposition, by the following roll call vote: Ayes: Councilmen Strong, Christensen, Medders, Rogers Noes: Councilman Barton Absent: Councilmen Ratty, Sceales Councilman Medders, Chairman of the Budget Review and Finance Committee, read Report No. 4-77 regarding Audit of City Financial Records for 1976-77, as follows: On June 6, 1977, the City Council referred to this Committee for their recommendation a letter from Elmer Fox, Westheimer & Co., regarding a proposal for auditing the City's financial records for the 1976-77 fiscal year. The firm proposes to audit the City's financial records with the exception of revenue sharing funds for a fee not to exceed $12,500. This represen~an increase of $1,500 from last year and is entirely attributable to the Water Enterprise operation. However, this additional fee will be paid out of the water operation and not the general fund. Also, an audit, as required by Federal regulations, will be made of the Title II funds received by the City at no additional cost. The maximum charge for auditing the revenue sharing funds will not exceed $1,700 and, as in the past, will be paid from these funds. The firm has done an excellent job of auditing the City's financial records over the years. It is the company's policy to rotate staff annually so as to maintain a balance of individuals who have been involved with the audit in the past and new people to allow for a fresh approach. Therefore, this Committee recommends that the firm of Elmer Fox, Westheimer & Co. be retained to audit the City's financial records for the 1976-77 fiscal year. 134 Bakersfield, California, June 20, 1977 - Page 3 Upon a motion by Councilman Christensen, Budget Review and Finance Committee Report No. 4-77 regarding Audit of City Financial Records for 1976-77, was accepted; and recommendation that the firm of Elmer Fox, Westheimer & Co. be retained to audit the City's financial records for the 1976-77 Fiscal Year, was approved. Councilman Ratty now in attendance at Council Meeting. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 3-77 regarding Rate Increase for Ashe Water Service Area, as follows: When the City acquired the Ashe Water Service area as part of the water acquisition from Tenneco West, Inc., Ashe Water had in effect a rate structure which was not adequately reflective of the actual cost of running that system. Cost increases are directly reflective of additional utility and power expenses. For the last six months an independent analysis has been made by our water system accountant and he has recommended that a rate adjustment for the Ashe Water Service area be made. As justification for this rate increase the following facts are presented: Since the Ashe Water rates became effective on December 12, 1975, it has remained unchanged. Further, the rate structure encourages the use of water. Their current rates are shown on Attach- ment #1. During a corresponding period of time California Water Service Company (which is handling the operation of Ashe Water Service for the City) has had seven rate increases. In 1975, their charge was 15 cents per 100 cubic feet for all water used and that has increased to 19.9 cents per 100 cubic feet for the first 500 cubic feet and 24.1 cents per 100 cubic feet for all water over 500 cubic feet. There is also a flat rate meter rental charge. Their current rates are shown on Attach- ment #2. t Because of this rate differential the Ashe Water Service area is showing an average monthly loss in excess of $12,000. Bakersfield, California, June 20, 1977 - Page 4 135 In order to correct this, the Committee feels that a rate structure, comparable to that currently in effect with Cal Water should be adopted, and that periodic adjust- ments be made by the Water Board using Cal Water rates as a guide. The Committee realizes that there are going to be increases in charges to Ashe customers which range from seven percent to 52 per- cent and averages 32 percent overall. However, we also realize that Ashe cannot continue to operate in a deficit position. This Committee recommends that: 1. This report be approved and placed on file. The attached resolution revising the water rates for the Ashe Water Service area be approved. Upon a motion by Councilman Rogers, Water and City Growth Committee Report No. 3-77 regarding Rate Increase for Ashe Water Service Area, was accepted. Adoption of Resolution No. 45-77 of the Council of the City of Bakers- field setting Rates for Water Service in the Bakersfield Water Service Area. Upon a motion by Councilman Rogers, Resolution No. 45-77 of the Council of the City of Bakersfield setting Rates for Water Service in the Bakersfield Water Service Area, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers Noes: None Absent: Councilman Sceales Upon a motion by Councilman Ratty, report from the Com- munity Development Director regarding Implementation of the Sign Ordinance, was accepted; and the Sign Ordinance Committee was reinstated with the understanding that any reappointments be made in the same manner as previously set out by the Council. Councilman Sceales now in attendance at Council Meeting. 136 Bakersfield, California, June 20, 1977 - Page 5 The (a) (b) (c) (d) (e) (f) (g) (h) Consent Calendar. following items were listed on the Consent Allowance of Claims Nos. 4758 to 4921, inclusive, in the amount of $530,073.03. Street Right-of-Way Deed from John and Josephine Lencioni for District Boulevard and Stine Road as required for Parcel Map No. 3705. Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3771 - Contract No. 76-56 with Charles L. Wren. Application for Encroachment Permit from Colleen Franey Bell, 2605 Planz Road, for construction of 5-foot high wood fence in public right-of-way along the Planz Road and E1 Potrero frontage at above location. Request from Thomason Construction for annexation of property located on the northwest corner of Stockdale Highway and Allen Road, containing approximately 78 acres of land. (Refer to Planning Com- mission for study and recommendation) Adoption of Resolution of Intention No. 922 of the Council of the City of Bakers- field, declaring its intention to order vacation of a portion of Tartan Place, between Auburn Street and Highland High School, in the City of Bakersfield and setting July 25, 1977 for hearing on the matter before the Council. Adoption of Resolution No. 46-77 of the Council of the City of Bakersfield fixing August 10, 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 "Rio Bravo," proposed to be annexed to the City of Bakersfield. Adoption of Resolution No. 47-77 of Intention to include within the Greater Bakersfield Separation of Grade District a portion of certain territory designated as "Rio Bravo," and setting August 10, 1977, in the Council Chambers of City Hall, as the time and place for hearing objections to the inclusion of said territory within said District. Calendar: Bakersfield, California, June 20, 1977 - Page 6 137 Upon a motion by Councilman Ratty, Items (a), (b), (c), (d), (e), (£), (g) and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: None Action on Bids. Upon a motion by Councilman Strong, low bid of Valley Slurry Seal Company for furnishing and applying Slurry Seal to various City streets, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Deferred Business. Adoption of Ordinance No. 2356 New Series of the Council of the City of Bakersfield amending Section 14.40.040 (a) of Title 14 of the Bakersfield Municipal Code concerning Fireworks. Upon a motion by Councilman Strong, Ordinance No. 2356 New Series of the Council of the City of Bakersfield amending Section 14.40.040 (a) of Title 14 of the Bakersfield Municipal Code concerning Fireworks, was adopted by the following roll call vote: Ayes: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Noes: None Absent: None Adoption of Ordinance No. 2357 New Series of the Council of the City of Bakersfield adding Chapter 1.30 to the Municipal Code creating the Bakersfield Water Board, setting forth the powers and duties of said Board. Upon a motion by Councilman Rogers, Ordinance No. 2357 New Series of the Council of the City of Bakersfield adding Chapter 1.30 to the Municipal Code creating the Bakersfield Water Board, 138 Bakersfield, California, June 20, 1977 - Page 7 setting forth the powers and duties of said Board, by the following roll call vote: Ayes: Noes: Absent: Councilmen Strong, Barton, Christensen, Rogers, Sceales None None was adopted Medders, Ratty, New Business. Adoption of Resolution No. 48-77 of the Council of the City of Bakersfield certifying completion of final Environ- mental Impact Report for proposed annexation to the City of Bakersfield designated as Wible No. 2, in compliance with CEQA and Guidelines together with findings. The Planning Commission, on June 15, 1977, reviewed and approved the Final EIR for the proposed annexation known as Wible No. 2, and determined it was in compliance with applicable laws and regulations and recommended certification of the Final EIR by the City Council in accordance with Resolution No. 24-77. The next step in the annexation is the approval of the Final EIR and annexation by LAFCO. Upon a motion by Councilman Sceales, Resolution No. 48-77 of the Council of the City of Bakersfield certifying completion of final Environmental Impact Report for proposed annexation to the City of Bakersfield designated as Wible No. CEQA and Guidelines together with findings, following roll call vote: Ayes Noes Absent: Councilmen Strong, Rogers, None None Barton, Sceales designated 2, in compliance with was adopted by the Christensen, Medders, Ratty, Approval of Annexation boundaries designated as Manor No. 2. Upon a motion by Councilman Rogers, Annexation boundaries as Manor No. 2, containing approximately 160 acres of Bakersfield, California, June 20, 1977 - Page 8 139 uninhabited territory, located north of Panorama Drive, south of the Kern River and east of Manor Street, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Approval of Annexation boundaries designated as College No. 2 Upon a motion by Councilman Rogers, Annexation boundaries designated as College No. 2, containing approximately 40 acres of uninhabited territory, located generally in the northwest quadrant of Willis Avenue and Morning Drive, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Appointment to Charter Review Advisory Commission. Councilman Barton announced that he appointed Mr. Paul 3100 Amber Court, to the Charter Review Advisory G. Busacca, Commission. Recess. The Council recessed the regular Council Meeting at 7:45 P.M. to meet in Executive Session immediately following the Budget Hearing. Executive Session. The Council met in Executive Session for report on salary negotiations. Recess. There being no further business to come before the Council the meeting was recessed at 9:10 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: CITY a io Clerk of the Council of the City of ~kersfield, California ma 140 Bakersfield, California, June 20, 1977 Minutes of the Council of the City of Bakersfield, California, meeting in budget sessions at 7:50 P.M., June 20, 1977. The meeting was called to order by Vice-Mayor Medders. The City Clerk called the roll as follows: Present: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Absent: Mayor Hart City Manager Bergen stated the final figure on the salary negotiations is not known at this time and there have been recent developments in insurance, but if the Council's guidelines are followed with regards to salaries and the insurance is not sub- stantially different than expected now, the City has a balanced budget without an increase in the tax rate. The budget does not assume a change in the level of service, however, it does reflect some expansion due to growth occurring in the past year and in addition copes with inflation. The Council usually covers the budget in three sessions, which include: 1. Personnel Cost - which includes direct salary and all supplemental benefits and this year it is approximately $15,000,000.00 or approxi- mately 70% of the General Tax Rate Category. That will be heard tomorrow night. 2. Operating Budget - which is approximately $5,000,000.00 and a detailed report will be presented tonight from the Budget Review and Finance Committee. 3. Capital Improvement Budget - including public hearing on revenue sharing, scheduled for Wednesday night. Councilman Medders, Chairman, and Councilman Sceales, of the Budget Review and Finance Committee, read Report regarding Operating Budget for Fiscal Year 1977-78, as member, No. 5-77 follows: It has been the responsibility of the Budget Review and Finance Committee to make recommendations on the proposed annual Operating Budget, the adequacy of reserves, and the proposed property tax rate. The Committee will meet after the 1976-77 financial Bakersfield, California, June 20, 1977 - Page 2 141 records have been closed, salary determinations made, and final assessed valuation figures are available, to review reserves and the property tax rate. This report will be restricted to the proposed Operating Budget for 1977-78. It is important that action be taken on the Operating Budget at this time prior to the beginning of the next fiscal year. The budget format is similar to that of last year. The budget has been divided into the six major service areas -- Management Services, Environmental Services, Development and Transportation Services, Public Safety Services, Recreation and Cultural Services, and Support Services. In turn, these service areas are further split into the various programs and sub-programs that make up each major service area. Major specific objectives to be achieved during the year are also listed for each sub-program. The Operating Budget discussed in this report consists of the operating expenses and fixed asset purchases proposed for the General Tax Rate Category, the proposed expenditure of the remaining Title II funds which are included in the Restricted Agency Category, and the equipment to be replaced under the Equipment Replacement program (see Attachment #1 Summary of Proposed Operating Budget). Operating expenses consist basically of materials, supplies, utilities, etc. Fixed assets consist of departmental capital outlay items, e.g., office equipment, auto- motive equipment, communication equipment, etc. The Operating Budget does not include salaries and supplemental benefits nor capital improvement projects. The Governmental Efficiency and Personnel Committee will make recommendations on all salary matters. The entire City Council will review the proposed Capital Improvement Program which has been evaluated by the Planning Commission. The departmental operating budgets have again been prepared in a manner to reflect the total direct (i.e., salaries, supplies, and equipment) and indirect (i.e., data processing, legal, personnel, etc.) costs of providing a particular program. This is accomplished by the inclusion in the budgets, where applicable, of the following accounts: (1) Custodial Services Cost Allocation, Object No. 5300; (2) Administrative Cost Allocation, Object No. 5400; and (3) Rental Internal Organizations (Equipment Maintenance), Object No. 6200. The Custodial Services Cost Allocation is reflected in those programs which receive custodial services. In the case of programs located in City Hall, each program is charged for their proportionate share of the maintenance costs of City Hall based on their total square footage of office space. Programs operating outside of City Hall are charged based on the cost of the employees and materials involved in performing the services. Bakersfield, California, June 20, 1977 - Page 3 The Administrative Cost Allocation entails an allocation of the cost of staff programs (i.e., City Manager's Office, City Clerk, City Attorney, and Finance) to the various line programs (i.e., Police, Fire, Public Works, etc.) based on the percentage that the cost of each line program bears to the total cost of all line programs; the theory being that staff programs are designed to provide services to the line programs. The allocations are, of course, deducted from the budgets of the staff programs as "Costs Applied," Object No. 0001, so that the total City budget remains unchanged. The Equipment Maintenance Division of the Public Works Department provides a central equipment pool for all departments except Fire. All depart- ments using this equipment are charged a rental rate which reflects the total cost of maintenance and a replacement allowance. This rental charge is reflected in each using department's budget under the account entitled "Rental Internal Organi- zations," Object No. 6200. The total rental charges are taken as a reduction in the budget of the equip- ment maintenance program as "Costs Applied," Object No. 0001, so that the total City budget is not changed. For 1977-78, these rental rates have been adjusted in certain programs to reflect more realis- tically the cost of operating the applicable equipment. In view of the relative size of the Operating Budget which is approximately 25 percent of the General Tax Rate Category and the nature of the items comprising it (i.e., utility costs, fuel and oil, equipment parts), any significant reductions cannot be made without changing the level of service and resulting in added costs in the future. The Operating Budget is directly related to the level of service provided by the City. For example, it is estimated that it will cost $333,600 to pay for street lighting energy charges during 1977-78. This level of service is provided to residents in conjunction with City policy to provide street lighting on all City streets. Many of the operating expenses, such as utilities and payments for outside refuse contractors, are difficult to reduce. For example, proposed 1977-78 utility costs total $1,103,115; payments to private refuse contractors are estimated at $590,170; and fuel, oil, tires, and equipment parts are projected to cost $602,870. During the next fiscal year, these costs alone will amount to approximately 40 percent of the entire Operating Budget. Many other increases in operating expenses are attributable to inflation. The following is a summary of the Operating Budget indicating (1) the amount proposed for each City program, (2) the increase or decrease over the amount approved last year, (3) pertinent comments concerning the items included in the specific budgets, and (4) a page number reference to the applicable budget in the preliminary budget book. Bakersfield, California, June 20, 1977 - Page 4 143 MANAGEMENT SERVICES Mayor - (Page 16) $6,410 (+ $765) This minor increase results from higher requests in various operating accounts within this budget. City Council - (Page 18) - $476~600 (+ $58,615) This increase basically results from the combination of an increase of $100,000 in the Council's Contin- gency Account and $9,600 in other outside services offset by a re duction of $57,100 in the request for professional and consulting services. Due to the uncertainties at this time surrounding the ultimate outcome of State legislation which is required by Federal law to include local government in the Federal Unemployment Compensation Program effective January 1, 1978, an increase in the Contin- gency Account is needed to provide the necessary funding. By more than a 2/3 vote at the 1976 Annual Conference, the League of California Cities General Assembly approved the construction of a headquarters building in Sacramento in lieu of the practice of the last 78 years of leasing office space (see Attachment #2). The financing method to be used is a special assess- ment based on population of each city which can be paid over a three-year period. The City of Bakers- field's assessment is $9,375; however, by making a one-time payment by August 1, 1977, a 10 percent discount can be obtained. The reduction in the Professional and Consulting Account results from not budgeting for water engineering consultant fees as a result of the completion of the acquisition of Tenneco water rights. The budget amount for audit fees has been reduced by this Committee by $3,000 as the contract for the annual audit is below the estimate used in the preliminary budget. City Manager - (Page 22) - $173,595 (- $17,040) The decrease is primarily due to a reduction in the elections budget as there are no councilmanic elections this next fiscal year. This decrease is offset by a $10,000 increase in expenses for pre-employment physical examinations. Funds are included for the replacement of two typewriters. Community Promotions - (Page 26) - $29,000 (no change) This budget provides funds, on a contractual basis, to the Greater Bakersfield Chamber of Commerce for industrial promotion and City growth (see Attachment #3). In addition, funds have been budgeted in the past for any special tasks the City may specifically request the Chamber to perform. However, this latter item has not been utilized very often. The Chamber is requesting (see Attachment #4) that the City participate along with the County of Kern and Kern COG in the establishment of a data bank at Cat-State Bakersfield. This would provide all types of statis- tical and economic data on Bakersfield and Kern County 144 Bakersfield, California, June 20, 1977 - Page 5 on a current basis for use by the City, County, etc. This information would be most useful to the City in preparation of budgets, bond pros- pectuses, labor negotiations, and planning. The City's share would be $10,000 to be funded over a two-year period. The funds previously mentioned which have been budgeted for special tasks could be used for the City's share. Insurance - (Page 30) - $635,100 (+ $355,100) The increase is due to additional premiums necessary for liability and fire insurance coverage. Since the publication of the preliminary budget, the staff has been informed by the City's liability insurance agent that the estimate given to the City for budget purposes will not be sufficient and an additional $200,000 should be provided in the budget at this time. Various alternatives are being pursued on the City's behalf and the possibility exists this additional increase may not reach this magnitude. However, if these efforts fail, it is necessary to have these funds budgeted in order to pay the premiums. The staff feels that consideration must now be given by the City to investigate the feasibility of becoming self-insured for liability insurance as was done for Worker's Compensation insurance. With the premium at its current level and the prospect of it increasing in future years, possible savings can be made by becoming self-insured. The staff plans to investigate the feasibility of such a program in the next fiscal year. ENVIRONMENTAL SERVICES Waste Water Services - (Page 39) - $322,830 (+ $44,810) This budget is higher primarily due to an increase of $31,365 for electricity costs. The remaining increase results from a higher administrative cost allocation and equipment rental charge. The electricity increase results from a 20 percent anticipated rate increase; the addition of the storm drain pump station in Beach Park which was part of the Northwest Storm Drain Project; and during the construction of the Southeast treatment plant's expansion, the current gas powered pumps will be replaced by electric pumping equipment which is necessary in order to achieve the higher level of treatment. Refuse Management Services - (Page 45) - $1,101,195 (+ $91,785) This budget is up due to an estimated increase in payments to private refuse contractors in the amount of $63,035 and a higher administrative cost allocation. The higher payments to the private refuse contractors result from increases in the number and type of collections due to the residential and commercial growth in the South- west area. Title II funds in the amount of $9,400 are being proposed to make the final monthly payment (July, 1977) to Sani-Tainer, Inc., for refuse collection in the downtown area. Bakersfield, California, June 20, 1977 - Page 6 145 DEVELOPMENT AND TRANSPORTATION SERVICES Development Services Administration - ~age 55) - $20,435 (- $8,960) This budget decrease results primarily from no funds being included for professional and consulting services. This year's budget contained $10,000 for various consulting services. This decrease has been partially offset by a higher custodial services cost allocation. Funds have been included for the purchase of an additional filing cabinet. Planning - (Page 59) $102,935 (+ $55,985) The increase in this budget is due largely to the inclusion of $40,000 for professional and consulting services to perform a water and sewer study in connection with the Rio Bravo annexation, after it is annexed to the City. This study is necessary for long-range planning to provide water and sewer for the future development of this approximately 20 square mile annexation. The remaining increase results from higher requests for office supplies due to greater activity related to subdivisions, environmental assessments, annexations and zoning, and a higher administrative cost allocation. Public Works Administration - (Page 63) - $53,085 (+ $8,945) This budget is up due largely to higher custodial services and administrative cost allocation. Engineering Services (Page 68) $134,370 (+ $24,980) This budget increase results from higher equipment rental charges, administrative cost allocation and custodial services cost allocations. Title II funds in the amount of $750 are being proposed to purchase an engineering table and chair, and one set of walkie- talkies for the construction survey crew. Streets - (Page 74) - $653,585 (+ $47,115) Higher equipment rental charges of $45,320 and admin- istrative cost allocation of $10,840 offset by a reduction of $11,000 in the estimate for maintaining canal fences and canal structures result in the increase in this budget. Traffic Control (Page 79) - $244,925 (+ $30,565) Of this increase 50 percent is attributable to higher electricity costs to operate traffic signals and pay- ments to the State and County for the City's share of joint traffic signals. The latter represents mostly energy costs as well. The remaining portion of the increase is due to higher equipment rental charges, cost of traffic paint and administrative cost allocation. 146 Bakersfield, California, June 20, 1977 - Page 7 PUBLIC SAFETY SERVICES Police Services - (Page 97) - $1,582,650 (+ $92,660) This increase results from $164,535 of higher requests for operating materials and charges offset by a reduction of $71,875 of fixed asset requests. The primary increases in operating accounts are as follows: Utilities Equipment Rental Charges Custodial Services and Administrative Cost Allocation Other Outside Services and Charges Equipment Parts Office Supplies All Others $ 42,005 44,830 57,560 7,620 5,000 8,475 6,665 $164,535 Utility costs are higher primarily due to an increase of $39,010 in the electricity account. This request results from anticipated rate increases and the under- estimate made of electricity costs of the new building in the current year's budget. As the Council may recall, $25,000 of the monies recently budgeted of Title II funds were used for this purpose. Equipment rental rates have been adjusted based on the first year's experience of the Police Department being part of the Equipment Maintenance Division of the Public Works Department. The rental charges initially estimated were insufficient. Other outside services and charges are higher due to the addition of one school crossing guard during the current year and budgeting for the first time of veterinarian fees. By law, the Police Department is required to take injured stray dogs that are found to a veterinarian. Additional funds are necessary for equipment parts to repair Police radios and other communications equipment. Office supplies are higher due to price increases and increased printing costs. With the Fire Department no longer providing printing services, all forms, reports, etc., will have to be done commercially. Of the $66,085 of fixed asset requests, $46,800 of these are being recommended for purchase by Title II funds. These include the replacement of the Police Radio Repeater which is 10 years old and unreliable, the addition of squelch equipment to the radio system to eliminate the growing interference being experienced in the communications system from outside sources, the replacement of twelve handi-talkie radios which are now 11 years old and very worn-out, and the purchase of three pieces of shop test equipment needed by the Electronic Technicians. Bakers£ield, California, June 20, 1977 - Page 8 147 Fire Services - (Page 108) - $913,365 (+ $161,930) Of this increase, $68,760 results from higher requests in operating materials and charges and the remaining $93,170 in increased fixed asset purchases. The primary increases in operating accounts are as follows: General Maintenance Supplies $10,870 Equipment Parts 5,000 Materials and Supplies NOC 5,475 Utilities 18,680 Other Outside Services and Charges 13,485 Administrative Cost Allocation 8,545 All Others 6,705 $68,760 General maintenance supplies are higher due to price increases of janitorial and household supplies, budgeting for the first year of a three-year program to repair the City's Christmas lights and stringers, and an improved station maintenance program. The increase in equipment parts results from the department budgeting for communication equipment parts, the cost of which was previously absorbed by the Police Department when their Electronic Tech- nicians repaired Fire Department equipment. Utility costs are up due to anticipated rate increases. Other outside services and charges increases result from $10,000 more being budgeted for the weed abatement program and budgeting for outside printing costs. The $93,170 of higher requests for fixed asset items are found in the following areas: Fire Hydrants Automotive Equipment Signal & Communications Equipment Equipment NOC All Others $25,990 8,600 19,430 22,430 16,720 $93,170 As a result of new subdivisions developing in the City, substantially more fire hydrants will be required. The increase in automotive equipment is attributable to the purchase of a diesel engine to replace a worn-out gas engine in a fire pumper. The installation of this engine prolongs the life of the pumper and results in not having to replace the entire pumper. The major items of signal and com- munications equipment to be purchased are squelch equipment (previously mentioned in the Police budget) and replacement of old handi-talkie radios. Equipment not otherwise classified contains replacement of hydrant protector caps, and the purchase of bury extensions which bolt to hydrant burys for proper hydrant height. Title II funds in the amount of $43,355 are proposed for use to purchase Fire Department equipment. The Bakersfield, California, June 20, 1977 -Page 9 communications equipment request has been reduced by $2,500 in light of the proposed changes to be made in the Communication Center. Building Services (Page 114) - $70,840 (+ $24,245) This budget reflects an increase due to higher equip- ment rental charges resulting from additional building inspectors added this year, higher administrative cost allocation and the inclusion of the first year of a three-year microfilming program. As the depart- ment is required to keep permanently on file permit applications and blueprints that contain a structural engineer's seal, it is proposed that these be micro- filmed which would eliminate thirteen filing cabinets as well as increase office efficiency. Repair and Demolition - ~age 117) - $30,000 (no change) This budget provides funds for the demolition of dangerous buildings. Costs incurred by the City are assessed against affected property owners and ulti- mately paid back to the City. Councilman Rogers questioned the amount on page 116 of the Preliminary Budget which shows $80,000.00 budgeted for Repair and Demolition for Fiscal Year 1977-78 and this report shows only $30,000.00 budgeted. Assistant City Manager Kelmar stated the portion in this report represents the general operations of the City and the $50,000.00 difference represents the portion of the Community Development Program, Neighborhood Conservation, which is part of the Restricted Agency Category. Street Lighting - (Page 119) $389,355 (+ $74,310) This increase is due to anticipated rate increases for electricity. RECREATIONAL AND CULTURAL SERVICES Recreation - (Page 128) - $131,910 (+ $12,275) This budget is increased due to higher utility costs, custodial services, and administrative cost alloca- tions. Funds are included for an announcement board and weight station equipment for the California Avenue Neighborhood Facility. In April, when the Council approved the Recreation Budget for 1977-78, the Auditorium-Recreation Committee was unable to make a recommendation regarding a summer basketball program as the Kern High School District had not committed the school gymnasiums for this program. Since then, the District has agreed to this and it is the recom- mendation of this Committee that this program, as Bakersfield, California, June 20, 1977 - Page 10 149 outlined in Attachment #5, be added to the Recrea- tion Budget with a maximum cost of $2,500. The Auditorium-Recreation Committee also concurs with this recommendation. Parks - (Page 134) - $581,500 (+ $59,610) The major increases in this budget are due to higher utility costs of $18,050, equipment rental charges of $19,415, and administrative cost allocation. General maintenance supplies request is up $6,000 due to increased park acreage and median islands to be maintained. Funds are included to replace obsolete sprinkler heads, a portable sewer auger, and portable welder. Title II funds are proposed to be used to replace worn-out playground equipment and obsolete pool filters and a gas chlorinator totaling $6,000. Auditorium - (Page 139) - $240,965 (+ $13,155) This budget is increased due to higher utility costs and administrative cost allocation offset by a reduction in fixed asset requests. Funds are included for the replacement of old microphones and boomerangs for spotlights, modifications of the sound system, and the purchase of tables to replace some of those acquired when the building was new. Cunningham Art Gallery - (Page 144) - $3,205 (- $1,690) This reduction results from a decrease in the utility costs necessary to operate the building and the cus- todial services allocation. SUPPORT SERVICES Finance (Page 153) - $66,600 (+ $10,715) Increases in the Finance budget are due to higher duplicating costs, the increased cost of maintenance of office machines, and higher custodial services and administrative cost allocations. Funds are included in fixed assets to replace a typewriter, purchase a chair, printing calculator, and a portable calculator. Title II funds in the amount of $445 are proposed to be used to replace a more than ten year old printing calculator in the Accounting Division. Data Processing - (Page 159) - $78,695 (+ $10,530) This budget is higher due to a computer rental increase effective July 1, 1977, price and usage increase for data processing forms and cards, and higher adminis- trative cost and custodial services allocations. Funds are included for the purchase of additional disk packs and two filing cabinets. Bakersfield, California, June 20, 1977 - Page 11 City Attorney - (Page 164) - $39,935 (- $45,655) This decrease is primarily attributable to a reduction of $50,000 in the professional and consulting services account. This results from the completion of the acquisition of Tenneco water rights and, thus, not having to budget for water attorney consulting fees. Councilman Christensen asked what it cost the City of Bakersfield to acquire the rights to the Kern River water. City Manager Bergen stated the total cost over the last seven to ten years was close to $1,000,000.00. This figure repre- sents all consultants' fees, including the sale of bonds. General Services - (Page 169) - $228,080 (+ $53,185) Of this increase, $41,405 relates to utility costs. This results from anticipated rate increases and budgeting for the new Corporation Yard facility. The remaining increase primarily relates to the higher costs of maintenance agreements for elevators and air conditioning equipment. Funds are included for the replacement of an original heating and cooling unit in one of the outside ticket booths at the Auditorium. Equipment Management - (Page 174) - $88,175 (-$87,225) Equipment Management is responsible for the maintenance of 470 pieces of equipment for all departments except Fire. The above program cost of $88,175 includes the sum of the total salaries and supplemental benefits, operating expenses, and departmental capital outlay, less the equipment rental charges made to other depart- ments and the Water Department for the use of the equipment. The operating expense portion before rental charges to departments amounts to $1,274,068 or $129,465 more than last year. Of this, approximately $95,000 is related to the Water Division equipment. The remaining portion is primarily attributable to the budget for tire purchases. Upon assumption of the maintenance program for Police vehicles, insufficient funds had been originally estimated for this need. The decrease in the overall budget results from the adjustment made in rental rates in certain programs to reflect more realistically the cost of operating the applicable equipment. Recommended fixed asset purchases include a portable storm water pump to be used in the event of power failures, an additional sand spreader to reduce delays and increase annual sand sealing production in the Street Maintenance Division, and a striping machine that will enable crosswalks to be completed in less than half the time it currently takes. Title II funds in the amount of $12,700 are proposed to be used for fixed asset purchases in this program. Bakersfield, California, June 20, 1977 - Page 12 151 City Manager Bergen stated the City has established a liability on the books of the Water enterprise, and the City will be repaid from profits of the Water enterprise as it materializes. Equipment Replacement - (Page 179) - $579,650 Of this total, $390,650 relates to the replacement of equipment under the supervision of Equipment Management. There are 107 pieces of equipment that will be fully depreciated in the coming fiscal year; however, only 43 are being recommended for replace- ment. The major items are two street sweepers, a motor grader, a hydraulic sewer cleaning truck, and a street patch truck. The remaining $189,000 pertains to Fire Department equipment. The major item being the purchase of a 100 foot Aerial Ladder Truck to replace a 1952, 65 foot Aerial Ladder Truck. This new piece is neces- sary as well, in light of the number of taller buildings being constructed in the City. Survey of City Charges and Fees The Budget Review and Finance Committee report on the operating budget last year recommended the staff review the City's charges and fees. During this fiscal year, recommendations were made and approved by the Council in recreation and auditorium fees and charges. This Committee has reviewed a report from the Police Chief (see Attachment #6) regarding fingerprinting fees and the Public Works Director (see Attachment #7) relating to the charge for special pickups by the Street Cleaning Section and permit fees. The Committee concurs with these recommendations that (1) a $2.00 fee be established for all fingerprint impressions rolled by the Police Department, (2) the fee for special pickups by the Street Cleaning Section be increased to $25.00 per hour to help defray costs, and (3) the charge for street opening, sidewalk, curb and gutter, and driveway permits be increased to $5.00 and if the City performs a compaction test on tests for the work under the permit, a charge of $10.00 per permit would be necessary. The staff also indicated further recommendations would be forthcoming during this next fiscal year. City Manager Bergen stated it is recommended that these fees be effective July 1, 1977. Conclusion The Committee has reviewed these budget requests in light of City growth and continued inflation. However, it must be remembered that the operating budget is closely tied to current levels of service and as a result it is difficult to make significant reductions. Therefore, this Committee recommends acceptance of this report and the adoption of the attached resolutions relating to the changes in City charges and fees. Bakersfield, California, June 20, 1977 - Page 13 Upon a motion by Councilman Sceales, Budget Review and Finance Committee Report No. 5-77 regarding Operating Budget for Fiscal Year 1977-78, was accepted, by the following roll Ayes: Noes: Absent: Councilmen Barton, Christensen, Medders, Ratty, Sceales, Strong None None Upon of the Council permits, brush was adopted by Ayes: Noes: Absent: Adoption of Resolution No. 49-77 of the Council of the City of Bakers- field setting fees for certain permits, brush hauling and special pick-ups of miscellaneous items. call vote: Rogers, a motion by Councilman Sceales, Resolution No. 49-77 of the City of Bakersfield setting fees for certain hauling and special pick-ups of miscellaneous items, the following roll call vote: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong None None Adoption of Resolution No. 50-77 of the Council of the City of Bakers- field setting fees for Fingerprinting services performed by the Police Department. Upon a motion by Councilman Sceales, Resolution No. 50-77 Ratty, Rogers, None Ayes: Noes: Absent: None Councilmen Barton, Christensen, Medders, Sceales, Strong of the Council of the City of Bakersfield setting fees for Finger- printing services performed by the Police Department, was adopted by the following roll call vote: Bakersfield, California, June 20, 1977 - Page 14 Recess. The Council recessed its budget until Tuesday, June 21, 1977 at 7:00 P.M. hearings at 8:45 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: CITY fZ~ERK and Ex-~ficio Clerk of the Council of the City of Bakersfield, California ma 154 Bakersfield, California, June 21, 1977 Minutes of the Council of the City of Bakersfield, California, meeting in budget sessions at 7:00 P.M., June 21, 1977. The meeting was called to order by Vice-Mayor Medders. The City Clerk called the roll as follows: Present: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Absent: Mayor Hart Councilman Rogers, member of the Governmental Efficiency and Personnel Committee, read Report No. 9-77 regarding Recommen- dations Regarding Reclassifications, New Positions, Salary Adjust- ments and Title Changes, as follows: During the past few months, the City Manager's Office has reviewed various budget requests for additional personnel, reclassifications, salary adjustments, and title changes which were made by department heads. Departmental requests were made for 38 additional employees and several reclassifications which, if allowed, would result in an additional cost of approximately $630,000. After reviewing these requests and considering service level and anticipated revenue, the City Manager reduced these requests from 38 to 11 new positions. Attached to this report is a memorandum from the City Manager to the GEP Committee which outlines the Manager's recommendations for fiscal year 1977-78. The GEP Committee has met with the staff, and we concur with most of the Manager's recommen- dations; however, in some areas we have suggested further studies be made during fiscal year 1977-78. After careful consideration, the GEP Committee is recommending the following: Public Works Department 1. One additional position of Trades Assistant-- General Services Division. One new position of Park Maintainer--Parks Division. The GEP Committee will consider one additional employee during the year on a need basis. 3. One new classification of Park and Landscape Designer--Engineering Division. 4. Two new positions of Electrical Technician II-- General Services Division. 5. One new position of Building Maintainer I-- General Services Division. Bakersfield, California, June 21, 1977 - Page 2 155 One new classification of Parts and Materials Clerk--Equipment Division. 7. One reclassification of Traffic Painter I to Traffic Painter II. 8. One reclassification of Draftsman I to Engi- neering Technician I--Engineering Division. 10. 11. One reclassification of Engineering Technician I to Engineering Technician II--Engineering Division. Elimination of one Tree Maintainer I position. Elimination of Automotive Service Worker I and II classifications and creation of a new classification of Automotive Service Worker at the Automotive Service Worker II pay scale and reclassification of two Automotive Service Workers II to Trades Assistant. Police Department 1. One new position of Clerk Typist II. 2. One new position of Police Laboratory Technician. Creation of a new classification of Transcribing Typist and reclassification of three Clerk Steno- grapher II's and two Clerk Typist I's to Trans- cribing Typist. The GEP Committee will review the Police Officers' Standards and Training (P.O.S.T.) survey in the near future, and possibly make further recommendations during fiscal year 1977-78. Salary Adjustments and Title Changes Adjustment of salary range of Telecommunicator Telecommunicator II, and Senior Communications Operator of 10%. Change the title of the Telecommunicator I, Water Department, to Water Dispatcher, and change the title of Senior Communications Operator, Water Department, to Water Supervisor. o Elimination of the classification of Deputy City Manager and adjustment of Assistant City Manager's salary by 2~%. 4. Adjustment of temporary salary schedule in accor- dance with minimum wage law. The total cost to the City for these changes will be $160,523. In order to effectuate these changes, the GEP Committee is recommending approval of this report, the attached job specifications, and the attached salary schedule. 1.56 Bakersfield, California, June 21, 1977 - Page 3 Upon a motion by Councilman Rogers, Governmental Effi- ciency and Personnel Committee Report No. 9-77 regarding Recom- mendations Regarding Reclassifications, New Positions, Salary Adjustments and Title Changes, was accepted; and recommendations as contained in the report, were approved. Councilman Strong, Chairman of the Governmental Effi- ciency and Personnel Committee, read Report No. 10-77 regarding Salaries and Supplemental Benefits, as follows: In compliance with State law and the City's Employer-Employee Relations Ordinance, the City's designated representative, Nick Counter, along with the Management team, has held numerous meet and confer sessions with repre- sentatives of the International Brotherhood of Police Officers and the Teamsters Union, which represents the City's Fire Fighters. In addi- tion, the Management team has consulted with representatives of the General Employees Super- visory Unit, the Confidential Unit, and the Police Supervisory Unit. The GEP Committee met with the Management Unit regarding their requests for salaries and supplemental benefits. In all cases, with the exception of the Police Unit, agreements have been reached. The Police Unit has notified the Management team that they are not satisfied with the City's last offer; therefore, they have chosen to pursue the impasse procedure. The City Council will meet in the near future to determine a method of resolving this impasse. Based upon guidelines established by the City Council and facts presented to the City's designated representative and Management team during the meet and confer sessions, the GEP Committee makes the following recommendations for salaries and supplemental benefits with regard to all units, with the exception of the Police Unit: Fire Unit and Fire Supervisory Unit (Represented by California Teamsters Union Local 911) Two-Year Contract 1. Effective the first pay period in July, 1977, a 3% across-the-board salary increase. 2. Effective the closest pay period to April 1, 1978, a 4% across-the-board salary increase. Effective the closest pay period to July 1, 1978, a 3% across-the-board salary increase. Bakersfield, California, June 21, 1977 - Page 4 4. Effective the closest pay period to April 1, 1979, a 4% across-the-board salary increase. o Effective July 1, 1977, increase the City's contribution to medical insurance $15 per month. Effective July 1, 1978, increase the City's contribution to medical insurance an addi- tional $15 per month. Effective July 1, 1977, an increase of $50 annually towards uniform allowance. This agreement costs $156,100 during fiscal year 1977-78, and averages 4.94% of total compensation. The second year costs $157,990, and averages 4.63% of total compensation. Confidential Unit 1. Effective the first pay period in July, 1977, a 5% across-the-board salary increase. 2. Effective the first pay period in April, 1978, a 3% across-the-board salary increase. Effective July 1, 1977, an increase of $5.19 per month towards medical insurance programs. Total cost of this package is $20,630, or 6.25%, based on total compensation for fiscal year 1977-78. General Employees Supervisory Unit 1. Effective the first pay period in July, 1977, a 5% across-the-board salary increase. 2. Effective the first pay period in April, 1978, a 3% across-the-board salary increase. 3. Effective July 1, 1977, an increase of $5.19 per month towards medical insurance programs. Total cost of this package is $55,130, or 5.90%, based on total compensation for fiscal year 1977-78. In addition, we are recommending the authorization of 12 additional Supervisor II positions, which will allow the Public Works Director more latitude in promotions for Maintenance Craft Worker II's and Supervisor I's. This does not increase the present number of personnel. Total cost of this package is $14,550. Police Supervisory Unit 1. Effective the first pay period in July, 1977, a 5% across-the-board salary increase. Effective the first pay period in April, 1977, a 3% across-the-board salary increase. Effective July 1, 1977, an increase of $5.19 per month towards medical insurance programs. Bakersfield, California, June 21, 1977 - Page 5 Effective July 1, 1977, 100% of the insurance premium paid by the City for each employee equal to employee's projected annual salary to the nearest $500. Total cost of this package is $33,600, or 6.09% based on total compensation for fiscal year 1977-78. Management Unit 1. Effective the first pay period in July, 1977, a 5% across-the-board salary increase. 2. Effective the first pay period in April, 1977, a 3% across-the-board salary increase. Effective July 1, 1977, an increase of $5.19 per month towards medical insurance program. Total cost of this package is $112,080, or 5.85%, based on total compensation for fiscal year 1977-78. Retired Employees Requests were received regarding improved benefits for retired employees; however, the Committee is not ready to make recommendations at this time. We will study these requests and possibly make recommendations during fiscal year 1977-78. The total cost of these packages is $392,090, or 5.47% increase of total compensation for all units. In order to implement these changes, the GEP Com- mittee recommends Council approval of the attached Memorandum of Understanding with the California Teamsters Union Local 911, approval of the attached amendments to the Personnel and Compensation Ordi- nance, and the attached Resolution setting salaries and supplemental benefits, and adoption of the attached salary schedule. Upon a motion by Councilman Strong, Government Efficiency and Personnel Committee Report No. 10-77 regarding Salaries and Supplemental Benefits, was accepted; and Memorandum of Understanding with the California Teamsters Union Local 911 and salary schedule, were approved. Adoption of Resolution No. 51-77 of the Council of the City of Bakers- field setting Salaries and Related Benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Strong, Resolution No. 51-77 of the Council of the City of Bakersfield setting Salaries and Bakersfield, California, June 21, 1977 - Page 6 159 Related Benefits for Officers and Employees of the City of Bakers- field, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None Adoption of Ordinance No. 2358 New Series of the Council of the City of Bakersfield repealing Section 3.18.136, amending Subsections (e) and (g) of Section 3.18.200 of the Municipal Code concerning Compensa- tion for Officers and Employees of the City of Bakersfield. Upon a motion by Councilman Strong, Ordinance No. 2358 New Series of the Council of the City of Bakersfield repealing Section 3.18.136, amending Subsections (e) and (g) of Section 3.18.200 of the Municipal Code concerning Compensation for Officers and Employees of the City of Bakersfield, was adopted by the f~l~wing roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Barton Noes: None Absent: None Recess. Upon a motion by Councilman Sceales, the Council recessed its budget hearings at 7:35 P.M. until Wednesday, June 22, 1977 at 7:00 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: CITY/CLERK and-Ex-O/~icio Clerk of the Council of the City of Bakak,'sfield, California ma 160 Bakersfield, California, June 21, 1977 Minutes of a recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:35 P.M., June 21, 1977. The meeting was called to order by Vice-Mayor Medders. The City Clerk called the roll as follows: Present: Councilmen Strong, Barton, Christensen, Medders, Ratty, Rogers, Sceales Absent: Mayor Hart Reports. Councilman Sceales, Chairman of the Intergovernmental Relations Committee, stated that Assistant City Manager Buell would present a verbal report regarding Dog Licenses and Fees. Assistant City Manager Buell gave the following Report No. 2-77 from the Intergovernmental Relations Committee regarding Dog Licenses and Fees: For some months the Intergovernmental Relations Committee has had under study the various aspects of the City's policies, resolutions and ordinances concerning animals and animal control. Basically there are three phases to the animal situation: 1. Animal Regulations - Ordinance and fee structure. 2. Animal Impoundment - Operation of the Pound Facility. 3. Animal Control. The City does not currently operate the pound facility. It is being operated, under contract, by the County of Kern and they are utilizing the City's former facility on Brundage Lane and Mt. Vernon Avenue. The City currently runs its own Animal Control operation. Animal Control is that portion of the operation which checks out complaints such as, checking dogs for licenses, picking up stray animals and enforcing the leash law. In regards to regulations, the last major revision to Chapter 9 of the Municipal Code, which deals with animals, was 1949. At that time the fees for impoundment were established and they have not been raised since then. The license fees were last revised in 1970. The fees are considerably out of date and not adequate to the job at hand. Bakersfield, California, June 21, 1977 - Page 2 161 The Intergovernmental Relations Committee would recommend that an ordinance be adopted which would contain the following changes: The definition of a "Kennel" be extended to cover any place where three or more dogs, over four months old, are kept, boarded, trained, bred or sold. Adopt a License Fee which is the same as currently in effect in the County of Kern, a $4.00 annual fee, but the license cover a two year period and cost $8.00. State law requires that a lesser fee be charged for spayed or neutered animals. The County provision is $1.00 per year and the Committee would recommend the same. Redemption Charges. Chapter 9.08.030 gives specific authority to the Health Officer to impound animals picked up within the City, but it does not give him authority to set the fees. It is the Committee's recommenda- tion that the Health Officer be allowed to set the fees equivalent to the County fees for the redemption of animals given over to the pound. The County last set their fees in February, 1976. Upon a motion by Councilman Sceales, the City Attorney was requested to present an ordinance, containing the provisions outlined in the report, to the Council for first reading at the meeting of June 27, 1977. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 7:45 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: oCfITY~E~K a fflclo Clerk of the the C~tyK a~~d, California Council ma 162 Bakersfield, California, June 22, 1977 Present: Absent: Minutes of the Council of the City of Bakersfield, California, meeting in budget sessions at 7:00 P.M., June 22, 1977. The meeting was called to order by Vice-Mayor Medders. The City Clerk called the roll as follows: Councilmen Barton, Christensen, Medders, Ratty, Rogers (seated at 7:25 P.M.), Sceales, Strong Mayor Hart Public Hearing on Federal Revenue Sharing Funds. Vice-Mayor Medders declared the meeting open hearing on Revenue Sharing Funds. for public City Manager Bergen stated that the Planning Commission held a public hearing on May 18, 1977 on the proposed use of Federal Revenue Sharing Funds. Mr. Sherman Tyler, representing the Kern County Commission on Aging, stated they would like to have a multi-purpose senior citizens complex and requested funds in the amount of $30,000.00 for site acquisition, environmental study and report and on site development design. Mr. Tyler stated that there is plenty of money available for senior citizen projects but they must have a show of confidence from the County and City. City Manager Bergen stated the Council and staff supported the formation of the Commission on Aging; however, the Commission needs a responsible government agency to assist them in obtaining their goals. The City supported the County in forming this Commission. Nevertheless, it is very difficult, or at least inappropriate, for the City to be the responsible government agency because the majority are not City residents. The County should be the lead agency to give this Commission assistance and provide that responsible government agency because all are County residents. Then the City would be in a position to react to specific proposals. Bakersfield, California, June 22, 1977 - Page 2 163 Mr. Tom Folsom, Staff Secretary for the Kern County Commission on Aging, outlined that the Commission has no specific goals but is responding in this instance to the publicized oppor- tunity to appear before the Council relative to the solicitation of comments particularly from older people or their representatives with respect to the use of Revenue Sharing Funds. With respect to the County, there are various departments that provide services to the County, there are various departments that provide services for people--the Welfare Department, Recreation Department, Public Health Department, Kern Medical Center, Veterans Services--and as a result the Commission on Aging and its staff were never authorized to provide any direct services. Our role in this respect has been one of an advisory role to the County Board of Supervisors to work in a liaison relationship with the State Department of Aging to coordinate with the various organizations and agencies in the County of Kern that are working on social service programs and community service programs which elderly people can take advantage of. This is particularly the function of the Commission on Aging and its staff and as far as the County is concerned. Councilman Rogers now in attendance at the meeting. City Manager Bergen recommended that the Council request the Board of Supervisors to take an active part and become the lead agency in the matter of aiding senior citizens. Upon a motion by Councilman Barton, the Intergovernmental Relations Committee was requested to communicate with the Board of Supervisors regarding the County addressing the problem of the senior citizens and report back to the Council. No one in the audience wishing to speak regarding Federal Revenue Sharing Funds, Vice-Mayor Medders closed the public hearing. 164 Bakersfield, California, June 22, 1977 - Page 3 Capital Improvement Program 1977-78. City Manager Bergen stated that the Capital Improvement Program is for five years, 1977-82, but only the first year is formally approved for funding as part of the current year's budget. The remaining four years are for planning purposes only; they are not being adopted or funded tonight. Mr. Bergen suggested that the Council retain their copies of the 5-Year Program and make comments or suggestions during the ensuing year. Sometime in April of this year the staff submitted of the Preliminary Capital Improvement Program to the Council comments and suggestions. Then the Preliminary Capital Improvement Program, together with Council comments, was submitted to the Plan- ning Commission for their review and public hearing held May 18, 1977. Mr. Bergen read a letter from the Planning Commission, dated May 18, 1977, as follows: The Planning Commission of the City of Bakersfield here- with submits the Capital Improvement Program for the years 1977-82, inclusive, pursuant to Title 17, Chapter 3, Section 65401 of the State Conservation and Planning Law. The Commission recommends approval of the five-year Capital Improvement Program, as submitted and reviewed, with the following modifications: RECREATION AND CULTURAL SERVICES BEACH PARK Restroom and snack bar - $35,000 Recommendation: Restroom and snack bar - $35,000 DEFER TO 1979-82 BEACH PARK Additional security lighting - $10,000 1978-79 Recommendation: Additional security lighting - $10,000 CONSIDER 1977-78 The Commission also wished to recommend the purchase of additional properties within the Civic Center Complex, when available, for future parking needs. copies for Bakersfield, California, June 22, 1977 - Page 4 Mr. Bergen stated the Capital Improvement Budget is divided into five major service sections: 1. Environmental Services 2. Recreation and Cultural Services 3. Public Safety Services 4. Development and Transportation Services 5. Support Services The Council and staff reviewed the Capital Improvement Program for Fiscal Year 1977-78 by categories, as follows: ENVIRONMENTAL SERVICES A total of $8,483,000 is proposed for improvements related to storm drains, sewers, and waste water treatment for the next five years. The major project, in the amount of $5,330,000, is the expansion of Sewage Treatment Plant No. 3 in the southwest area proposed for the 1979-82 period. This need results from the tremendous growth that is occurring in this area. This project will be financed primarily through grants from the Environ- mental Protection Agency. The local share is proposed to come from bond funds. Storm drains, in the amount of $1,921,000, are proposed in this five-year program. This includes the completion o£ both the northwest and northeast storm drain projects. Sewer projects total $1,229,000--the most significant being the Panama Lane Interceptor Sewer in the amount of $600,000. It is also necessitated by the growth and annexations in the southwest area. It will be financed in a similar fashion as the expansion of Plant No. 3. Councilman Barton stated that the 7th Ward has had drainage problems on Laurel Drive, Sandra Drive and Chadbourn Street and it is his intention to request that the Sandra Drive Storm Drain project at a cost of $20,000.00 be placed in the current year's budget rather than sometime between 1979-1982. Director of Public Works Hawley stated that there have been problems caused by debris in the pumps on two occasions in the last year. If funds were available it would be desirable to modify and enlarge these pump stations. An attempt was made to come up with Bakersf±eld, Californ±a, June 22, 1977 - Page a priority on the projects, but the Sandra Drive project was not included in the current year's funding. Councilman Barton made a motion that the Sandra Drive Storm Drain Project at a cost of $20,000.00 be moved up and placed in the current year's budget. After discussion, Councilman Barton withdrew his motion. Councilman Rogers pointed out that the Northeast Bakers- field Drainage Project (page 5 of the budget) total for 5 years should be $150,000.00 rather than $50,000.00. RECREATION AND CULTURAL SERVICES A total of $1,296,940 is proposed for improvements related to parks and the Civic Auditorium. Of the $295,740 requested for park improvements for the 1977-78 fiscal year, $244,980 or approximately 83 percent will be financed from various state and federal revenue sources. The improvements proposed for Beach Park represent the largest park request. These improvements will be made in conjunction with the handball-racquetball and tennis complexes to be constructed in Beach Park. Funds totaling $545,000 are proposed for Auditorium improvements including $400,000 for a storage building and $145,000 for property acquisition adjacent to the facility for future parking purposes. City Manager Bergen stated the City entered into a Ground Lease in August 1976 with Burke, Kuttler & Beguelin for a racquetball/ handball facility in Beach Park, which is now under construction and should be completed by December, 1977. The City also entered into a Ground Lease with Robert P. Mahoney for a tennis/restaurant complex and a commitment has not been received. Mr. Bergen suggested that a letter be sent to Mr. Mahoney requesting a status report because of the $35,000 in the budget for a snack bar and restroom in Beach Park which is tied in with the proposed tennis/restaurant complex. Upon a motion by Councilman Rogers, the staff was requested to write a letter to Mr. Robert P. Mahoney requesting a status report on the proposed tennis/restaurant complex in Beach Park. Bakersfield, California, June 22, 1977 - Page 6 167 Public Works Director Hawley suggested, as recommended by the Planning Commission, that the $10,000.00 for security lighting in Beach Park be moved forward from the 1978-79 budget to the 1977-78 budget subject to available funds. Upon a motion by Councilman Christensen, the Council recessed at 8:35 P.M. and reconvened at 8:50 P.M. PUBLIC SAFETY SERVICES A total of $1,121,100 is proposed for improvements related to the Police and Fire Departments. The $84,100 included for the Police Department includes a new firing course at the Pistol Range and some modifications deemed necessary in the Communications Center. Of the $1,037,000 proposed for the Fire Department, $155,000 is included for the City's share of a fire training facility to be constructed at the old fair- grounds. This would be a joint City-County project with the County providing the property and other improvements. It would serve both departments. Also proposed is a three-phased project in the amount of $645,000 to expand and remodel the facilities at Station No. 1. This building constructed in 1939 is no longer capable of meeting the current space needs of the department. Assistant City Manager Kelmar stated that $155,000.00 is budgeted for a joint City-County Fire Training Facility at the old fairgrounds in the 3800 block of Chester Avenue. Currently the only training facility the City has is a tower at Fire Station No. 1 that was constructed in 1939 and it is not adequate for present day needs. After discussion, upon a motion by Councilman Barton, the staff was requested to send a letter to all Kern County Public entities inviting them to an informal meeting in the Council Chambers to discuss the concept of a Public Services Training Facility for Police and Fire, prior to closing of budgets in July or August. DEVELOPMENT AND TRANSPORTATION SERVICES A total of $8,651,000 is proposed for improvements related to streets, traffic signals, and parking. The projects connected with the Truxtun Avenue Extension total $2,402,000. Of this, $1,892,000 or approximately 79 percent will be financed by 168 Bakersfield, California, June 22, 1977 - Page 7 various state and federal revenue sources. Truxtun Avenue will be extended to Stockdale Highway in two phases. In addition, $262,000 is being proposed to assist in alleviating the traffic problem in the area of Highland High School. A total of $745,000 is included over the 5-year period to acquire property in the Civic Center area as it becomes available between 16th Street and the railroad tracks and "H" and Eye Streets to meet future parking needs. City Manager Bergen stated that the Council reaffirmed its policy of the Civic Center Plan and authorized purchase of vacant property as it becomes available, and $140,000.00 has been budgeted for expansion and parking. Councilman Rogers stated that free parking for City employees is part of their compensation and it should be noted in the salary negotiations next year. Councilman Ratty suggested that before the reconstruction begins on 18th Street in a few years that Public Works discuss it with the property owners well in advance of construction. Director of Public Works Hawley stated that there are several projects planned in the central business area which should be discussed with property owners before construction. SUPPORT SERVICES A total of $3,275,500 is proposed for improvements related to the Corporation Yard and City Hall. The $1,065,500 included for the Corporation Yard represents the final funds necessary to complete this facility, which should be ready for occupancy in early 1978. Of the $2,210,000 included for City Hall, $100,000 is proposed for improvements to the 1st floor, West Wing. These would include modifications to the Caucus Room area and lobby area and restrooms outside the Council Chambers to provide for the handicapped. The remaining City Hall funds would be used to construct a new structure located south of the present West Wing and connected thereto. It is initially proposed this building consist of a basement, ground level, and an upper level. However, it would be constructed to allow for a multi-story building if necessary. The architects, contracted Bakersfield, California, June 22, 1977 - Page 8 169 for by the Council, have completed their space needs study of City Hall, and recommend this concept before any other funds are spent on the existing building to provide additional space. City Manager Bergen stated that when the present City Hall was designed, 25 years ago, the population of the City according to the 1950 Census was 34,784 and the present population is 82,000; the area of the City at that time (25 years ago) was 8.86 square miles and the present incorporated area is a little over 34 square miles, and annexations are in process that will increase it approxi- mately 30 square miles, which means the incorporated area will probably be approximately 64 square miles in one year. When the City Hall was first occupied in 1955 there were 50 employees working in City Hall; today there are 107 employees. The only expansion that has been made to City Hall since 1955 is the Second Floor, West Wing, which has 7 employees. Space in the City Hall is beyond the point of efficiency. Mr. Bergen stated that it is very important to keep the City Hall employees together for public convenience and to avoid the tendency to expand and request more employees if different departments are located in other areas. Councilman Barton stated he would like to make changes in the budget which will not have an effect on any other ward or an impact on the budget. Director of Public Works Hawley outlined the changes as follows: ENVIRONMENTAL SERVICES Defer the Laurel Drive Storm Drain construction between Beryl Drive and Rosalia Drive for one year (Page 5) - $30,000.00. Change the $50,000.00 budgeted for the Hughes Lane Storm Drain construction between Westhaven Avenue and Planz Road to $34,000.00 for 1977-78 and $16,000.00 for 1978-79. (Page 5) Add Chadbourn Street Storm Drain for $26,000.00 in 1977-78. Add $20,000.00 for construction of the Sandra Drive Pump Station in 1977-78. 170 Bakersfield, California, June 22, 1977 - Page 9 Upon a motion by Councilman Barton, petition from parents of children attending Leo G. Pauley School and letter from Joyce Wardlaw, President of Planz P.T.A., requesting School Crossing Guards, were accepted and referred to the staff for study and recom- mendation. Councilman Sceales suggested that the persons responsible for preparing these budgets contact each Councilman personally for their input and needs in their wards. Upon a motion by Councilman Strong, the Capital Improve- ment Program for Fiscal Year 1977-78 was approved as modified. Adoption of Resolution No. 52-77 of the Council of the City of Bakers- field approving and adopting the Budget for the Fiscal Year 1977-78. Upon a motion by Councilman Strong, Resolution No. 52-77 of the Council of the City of Bakersfield approving and adopting the Budget for the Fiscal Year 1977-78, was adopted by the following roll call vote: Ayes: Councilmen Barton, Christensen, Medders, Ratty, Rogers, Sceales, Strong Noes: None Absent: None City Manager Bergen urged the Council to contact the staff during the year for input into the Capital Improvement Budget. Projects are not done by wards; the staff tries to do them by need. Expenditures cannot be distributed evenly in each ward each year. They probably even out over the long run. Adjournment. There being no further business to come before the Council, sitting in Budget Sessions, upon a motion by Councilman Christensen the meeting was adjourned at 10:05 P.M. VICE-MAYOR of the City of Bakersfield, Calif. ATTEST: CITY ~LERK and Ex-Off~c~o Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, June 27, 1977 171 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., June 27, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Don Rogers. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Christensen, Medders, Ratty, Rogers, Strong, Barton Absent: Councilman Sceales Minutes of the regular meetings of June 20 and 21, 1977 and budget sessions of June 20 and 21, 1977 were approved as presented. Correspondence. Upon a motion by Councilman Rogers, communication from Mr. Louis G. Whitfield, Chairman, Miscellaneous Departments Civil Service Board, dated June 27, 1977, recommending that the City Council consider a replacement for Mr. Arturo Rios to the Miscellaneous Depart- ments Civil Service Board, was received and placed on file. Council Statements. Councilman Christensen requested that the City Clerk read into the record the memorandum to the City Council from City Manager Bergen regarding Report on Council Meeting Dates, as follows: At the Council meeting of June 13, 1977, a majority of the City Council requested that the City Manager give a detailed report "as to how one or two people would keep busy with the Fair Political Practice Filings and Conflict of Interest." The reason the reference to the City Clerk's office was even included in the report on Council meeting dates was because it is the only office that would see a possible reduction in workload because of fewer minutes and agendas. The specific paragraph is quoted from the report as follows: "While the specific actions of the Council do not necessarily take a great deal of time, it has become far more complex to implement those actions, particularly when measured in the workload of the City Clerk's office. That office has had to take Bakersfield, California, June 27, 1977 - Page 2 on additional responsibilities of the Fair Political Practice Filings, as well as the Conflict of Interest Codes for all one hundred and sixty designated City employees and board and commission members. This has been an additional burden on that office, and that, coupled with the work of processing the Council's actions is going to necessitate an additional employee or two in that office in the very near future." I must respond by indicating that the particular reference to numbers of employees was taken out of context during the Council's discussion and several significant points were overlooked. First, the statement that the City Clerk's office has taken on additional work of the Fair Political Practice Filings and Conflict of Interest was not intended to infer these filings alone would justify additional personnel, nor that it would even keep one person busy full time. Secondly, the report did state these filings, "coupled with the work of processing the Council's actions." There was no request for personnel made in the report. The additional duties of filing were included because they come due at times prescribed by law and the other duties of the office must be deferred. The additional time available under a twice-per- month schedule would help to lessen this peak impact. The reference to additional employees should have indicated that coupled with the increasing work of processing Council's actions, it will be necessary to evaluate the need for an additional employee in that office in the near future. The report had no intention of inferring these filings alone would justify additiona2 personnel. I hope that this explanation will clarify my state- ments in the referenced report. Councilman Christensen pointed out a change of sentence structure where it is stated "Conflict of Interest Codes for all one hundred and sixty designated City employees and board and commission members." Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4922 to 4984, inclusive, in the amount of $286,648.42. (b) Claim from Richard King, 2118 Castro Street, Martinez, California. (Refer to City Attorney) Bakersfield, California, June 27, 1977 - Page 3 173 (c) Notice of Completion and Acceptance of Work on Improvement of Planz Road between H Street and McCourry Street. (d) Notice of on Street No. 3589. Completion and Acceptance of Work and Sewer Improvements under Tract (e) Notice of on Street No. 3801. Completion and Acceptance of Work and Sewer Improvements under Tract (f) Notice of on Street No. 3821. Completion and Acceptance of Work and Sewer Improvements under Tract (g) Notice of on Street No. 3824. Completion and Acceptance of Work and Sewer Improvements under Tract (h) Notice of on Street No. 3863. Completion and Acceptance of Work and Sewer Improvements under Tract (i) Notice of on Street 4012. Completion and Acceptance of Work Improvements under Parcel Map No. (J) Application for Encroachment Permit from James Wardlow, 4505 Siam Court, for construction of a 4-foot high chain link fence at back of sidewalk at the subject location. (k) Plans and Specifications for Construction of a Storm Drain in Planz Road from Real Road to Wible Road. (i) Resolution of Intention No. 921 of the Council of the City of Bakersfield, declaring its intention to order the vacation of portions of East 19th Street between Beale Avenue and Gage Street in the City of Bakersfield and setting the date of hearing for July 25, 1977. (m) A Resolution of the Council of the City of Bakersfield setting date (July 11, 1977) and place of hearing in matter of proposed cancel- lation of Land Use Contract with respect to part of land, under the Williamson Act, and directing City Clerk to give notice in accord with Section 51284 of the Government Code. (53-77) (n) Request from Cutbirth-Sill-Caraton for amend- ment to the General Plan on property at the northwest corner of Ming Avenue and New Stine Road. This letter supersedes letter sent by the First Baptist Church on March 17, 1977. Upon a motion by Councilman Ratty, Item (n) of the Consent Calendar, request from Cutbirth-Sill-Caraton for amendment to the General Plan on property at the northwest corner of Ming Avenue and 17'4 Bakersfield, California, June 27, 1977 - Page 4 New Stine Road, superseding letter sent by the First Baptist Church on March 17, 1977, was removed from the Consent Calendar and the City Manager was requested to report to the Council at the next meeting regarding the history of the acquisition of this property, such as zoning changes, etc. City Manager Bergen stated the staff would research and provide the Council with this information. I talked with an official of Tenneco today and he indicated they had had a meeting some weeks ago at which time they were willing to support a proposal that would have involved 5 to 6 acres of office develop- ment, with the remaining going to residential low-density. Now I understand they are going back to requesting 3 acres of office, 9 acres of retail commercial, and 6 acres of multiple residential. Upon a motion by Councilman Ratty, (d), (e), (f), (g), (h), (i), (j), (k), (1), Calendar were adopted by the following roll Items (a), and (m) of call vote: (b), (c), the Consent Ayes: Councilmen Christensen, Ratty, Rogers, Strong, Barton Noes: None Absent: Councilman Sceales Abstaining: Councilman Medders Councilman Medders qualified his abstaining vote by stating that in order'to be fair we should go to the present owner and ask for the other side of the story. Councilman Ratty stated it was his intention to include both sides of the story in the report. Councilman Medders withdrew his abstaining vote and voted aye. Upon a motion by Councilman Ratty, Item (n) of the Consent Calendar, request from Cutbirth-Sill-Caraton for amendment to the General Plan on property at the northwest corner of Ming Avenue and New Stine Road, was referred to the Planning Commission for study and recommendation. Bakersfield, California, June 27, 1977 - Page 5 175 City Manager Bergen brought the Council's attention to Item (1) of the Consent Calendar, setting a date of hearing on the vacation of portions of East 19th Street between Beale Avenue and Gage Street, which the Council had previously referred to the Public Works Department. The Public Works Department feels they alternative that will be acceptable to the adjacent property have an owners. Action on Bids. Upon a motion by Councilman Medders, low bid of Griffith Company for Improvement of Hughes Lane between Wilson Road and Ming Avenue was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. New Business. First reading of an Ordinance of the Council of the City of Bakersfield amending various sections of Chapter 9.08 of Title 9 of the Municipal Code, concerning Public Pound. This proposed Ordinance (1) changes the definition of "dog kennel" to mean any place where more than three dogs are kept; (2) provides minimum conditions and makes kennel permit revocable for cause; (3) deletes specific fees for all licenses, such fees to be prescribed by Resolution of the Council; license period remains two years, but begins in July rather than January; (4) requires Animal Control Division, rather than Health Officer, to remove dead animals from City streets. The Intergovernmental Relations Committee of the Council recommends adoption of this amendment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending various sections of Chapter 9.08 of Title 9 of the Municipal Code, concerning Public Pound. t76 Bakersfield, California, June 27, 1977 - Page 6 Adoption of Resolution No. 54-77 of the Council of the City of Bakersfield acknowledging receipt of a copy of Notice of Intention to Circulate Peti- tion and an Affidavit of Publication and consenting to the commencement of annexation proceedings and circulation of Petition for the annexation to the City of Bakersfield of certain inhabited and incorporated territory in the County of Kern designated as "Kern City." The adoption of this Resolution is one of the steps in the proposed annexation of property known as "Kern City." Upon a motion by Councilman Medders, Resolution No. 54-77 of the Council of the City of Bakersfield acknowledging receipt of a copy of Notice of Intention to Circulate Petition and an Affidavit of Publication and consenting to the commencement of annexation proceedings and circulation of Petition for the annexation to the City of Bakersfield of certain inhabited and incorporated territory in the County of Kern, designated as "Kern City," was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Strong, Barton Noes: None Absent: Councilman Sceales Approval of request of Finance Director for authorization to write-off Uncol- lectible Accounts Receivable. Upon a motion by Councilman Medders, the Finance Director was authorized to write-off Uncollectible Accounts Receivable totaling $351.04, with collection efforts to be continued by the City's collection agency, Herbert P. Sears Co. Approval of Contract between the City of Bakersfield and the Panama School District for Community Recreation Program. Upon a motion by Councilman Ratty, annual contract contract between the Panama School District and the City of Bakersfield for promotion of programs for community recreation was approved and the Mayor was authorized to execute same. Bakersfield, California, June 27, 1977 - Page 7 177 Approval of Contract between the City of Bakersfield and the Bakersfield City School District for transporting children to day camp. Upon a motion by Councilman Medders, annual contract between the City of Bakersfield and the Bakersfield City School District for transporting children to day camp was approved and the Mayor was authorized to execute same. Approval of Change Order No. 3 to Agreement No. 75-2 with Metcalf & Eddy, Inc. for engineering services on the Southeast Bakersfield Treatment Plant expansion program. Under this change order the engineers will provide construction services for the facilities at City Plant No. 2. As in the design phase, Metcalf & Eddy will be using local engineering firms for a large portion of the work. The cost is $885,015, of which 873% will be paid by Federal and State by local funds. In response to Councilman Barton's grant funds and 12½% questions, Director of Public Works Hawley explained that the original provided for the design plus construction services, requested. Change Order No. 1 and Change Order No. agreement if the City so 2 provided for some changes in the actual design. Change Order No. 3 is something new; it would be for the engineering construction inspection services. Upon a motion by Councilman Rogers, Change Order No. 3 to Agreement No. 75-2 with Metcalf & Eddy, Inc. for engineering services on the Southeast Bakersfield Treatment Plant expansion program was approved, subject to final written approval from the State, and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on application by Joyce Gardenhire to amend the zoning boundaries from an A (Agricul- tural) Zone to an M-1 (Light Manufacturing), or more restrictive, zone, affecting that certain property located on the south side of White Lane, approximately 800 feet east of Stine Road. 178 Bakersfield, California, June 27, 1977 - Page 8 posted, law. This hearing has been duly advertised, the property and the property owners have been notified as required by The subject property contains approximately two acres. It is served by White Lane, a major highway as depicted on the City's General Plan. The Planning Commission recommended approval of the zone change as requested and as advertised, subject to the application of the "D" Design Overlay to ensure compatible develop- ment with the area. A Negative Declaration was posted on May 20, 1977. Mayor Hart declared the hearing open for public partici- pation. Ms. Joyce Gardenhire, agent for the seller and the buyer of the property, endorsed approval. 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, Ordinance No. 2359 amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of White Lane and approximately 800 feet east of Stine Road, subject to the applica- tion of the "D" Design Overlay, and finding that said zone change would be consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Ratty, Rogers, Strong, Barton Noes: None Absent: Councilman Sceales Executive Session. Upon a motion by Councilman Ratty, the Council recessed to an Executive Session at 8:25 P.M. for report from Mr. Nicholas Counter, the City's Labor Negotiator, regarding impasse in negotia- tions with International Brotherhood of Police Officers, Local 571. Bakersfield, California, June 27, 1977 - Page 9 179 The Council reconvened at 9:30 P.M., and Mayor Hart requested a date be set for an impasse meeting of the City Council with the International Brotherhood of Police Officers. Mr. Counter was requested to make a brief report on potential meeting dates. Mr. Counter indicated he had been in touch with Mr. Robert Griem, representative of the International Brotherhood of Police Officers, with the suggestion that the meeting be held this week. However, Mr. Griem indicated he would be out of town and suggested meeting during the week of July 18, 1977. Upon a motion by Councilman Barton, the time of meeting of the City Council with Mr. Nicholas Counter and Mr. Robert Griem on Tuesday, July 19, 1977, at 4:00 P.M., in the Council Chambers of City Hall was approved. Councilman Barton asked if there was anyone in the audience who wished to comment regarding the meeting date of July 19, 1977, and there was no response. Councilman Christensen stated it may not be possible for him to attend inasmuch as he may be on vacation. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Ratty, the meeting was adjourned at 9:35 P. MA OR'~B~Calif. ATTEST: CITY ~L~ERK and Ex Of Vi~io Clerk of the Council of the City of BakerSfield, California mp 180 Bakersfield, California, July 11, 1977 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P.M., July 11, 1977. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Rogers. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Medders, Ratty, Rogers, Strong, Barton, Christensen Absent: Councilman Sceales Minutes of budget session of June 22, 1977 and regular meeting of June 27, 1977 were approved as presented. Scheduled Public Statements. Mrs. Anne Monroe, 236 New Stine Road, addressed the Council expressing disapproval of certain benefits granted the City of Bakersfield Police and Fire employees, the hiring of special outside help, the City Council voting to meet twice a month, the conditions of streets and roads, and various City expenditures. Mr. Joe Garone, tenant on City Sewer Treatment Farms, stated he wished to compliment the Council and the people of Bakersfield for their voluntary conservation of the use of water, despite the fact that he has had to idle some of the leased acreage because of a flow of water from the Treatment Plants of 10% to 12% less than a year ago. City Manager Bergen reported that the Community Develop- ment Block Fund of $820,000 has been approved effective July 13, 1977, to be used for curbs, gutters, storm drains, new streets, housing code enforcement, and the removal of deteriorated and dilapidated structures. Council Statements. Councilman Rogers stated he wished to express his appreciation to Mr. Frank Fabbri, City Parks Superintendent,