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HomeMy WebLinkAbout01/09/1991 MINUTES CCBakersfield, California, January 9, 1991 Minutes of the Special Joint Meeting of the Council of the City of Bakersfield and the Central District Development Agency of the City of Bakersfield, California, held in the Council Chambers of City Hall, 1501 Truxtun Avenue, at 5:15 p.m., January 9, 1991. The meeting was called to order by Mayor Medders. was ill Session Mayor Medders announced that Councilmember Edwards and will not be attending either the Workshop, Closed or Regular Meeting of the City Council this evening. City Clerk Williams called the roll of the City Council as follows: Present: Absent: Councilmembers DeMond, Brunni, Peterson (seated at 5:25), McDermott, Salvaggio Councilmembers Edwards, Smith City Clerk Williams called the roll of the Central District Development Agency as follows: Present: Absent: Agency Members Rubin, Ruddell, Araujo, Dunn at 5:20), Paynter Agency Member Sceales (seated CITY COUNCIL/CDDA JOINT WORKSHOP Economic Development Director Wager gave an oral presentation regarding the status of the Central District Development Agency, as follows: In 1986, the City Council delegated the responsibility for the implementation of the Redevelopment Plan to the Central District Development Agency. The creation of the CDDA was, given the time, the most effective way to facilitate the revitalization of the Downtown. With this formation, the Agency inherited two major projects: the need to resolve a major lawsuit, as well as assuming the financial obligations previously incurred. Responding to that challenge, the Agency first addressed the lawsuit which, after considerable discussion, was settled. As is well-known, the two projects the Agency was entrusted with has met with some difficulties. Lastly, the Agency has continued to struggle to meet its financial obligations while still trying to implement the revitalization of the Downtown. In regards to the two projects the Agency was involved in, the Agency has experienced mixed results. The Hotel Project came to a halt largely because of the impending failure of what, at the time, was considered to be one of the most vigorous savings and loan institutions. The Agency has fared remarkably well since the shutdown by prevailing in a number of legal actions. Bakersfield, California, January 9, 1991 - Page 2 The conclusion of those actions has resulted in the Agency having clear title to land and improvements whose value approximate $6,000,000. This has not come about without cost. Originally, the Agency invested approximately $2,000,000 in land acquisition. Of late, the Agency agreed to utilize an additional $2,000,000 to resolve nearly $5,000,000 in claims filed against the Project. Adding to the Agency's frustration, nearly $400,000 in legal costs have been incurred by the Agency in asserting its position as a wronged party and resolving the issues of claims filed by numerous parties. Fiscal Year 1990-91 holds out a prospect for improvement on two counts: the first being a substantial reduction in legal cost as a result of the Hotel settlement; perhaps, more importantly, the selection of a development entity to bring about the completion of the Hotel. Recently, the Developer has completed some in-house studies, and negotiations should begin in earnest this month. In fact, as of this morning, an appointment was set for the Developer for next week. Staff remains cautiously optimistic that an accord will be reached between the Developer and the Agency. If an accord is reached, construction could resume by Summer, 1991. In regards to the second project, the Agency experienced mixed success here. The City Center Project was indeed completed on time and per the Owner Participation Agreement. Unfortunately, the Developer experienced some financial difficulties, and the Lender took back the building. The Lender, U.S. Bancorp, is in the process of resolving the final outstanding issues with both the City and the Agency. Assuming the responsibility to carry out these projects to completion has also meant inheriting the fiscal constraints, as well. For some time now, there has been a general awareness that the Agency would eventually face a cash flow shortage. Efforts to hold off that point in time have, so far, succeeded. The majority of the Agency's revenue is committed to debt service. It is anticipated that the Agency will continue to be able to meet its debt service needs. Among those debts being repaid are the following: Principal and interest payment to the City Sewer Fund - an annual payment of $169,000, which expires in 2000. Bakersfield, California, January 9, 1991 - Page 3 Principal and interest payment for a City-owned parcel at the Hotel site - annual payment of $59,000, which expires in 1998. Principal and interest payment to Wells Fargo - an annual payment of $350,000, which expires in 1999. Principal and interest payment for a Tax Allocation Bond - annual payment of $604,000, which expires in 2008. Principal and interest payment for parking structure at the Bank of America site - annual payment of $130,000, which expires in 1999. Total Debt Service - $1,300,000. Total Tax Increment Revenue $1,400,000. On a more positive note, in the last year we have seen some encouraging signs that the Downtown has stabilized. In fact, there are indications of a mild resurgence in the Downtown area. We distributed an article to the Agency at its Monday meeting, written by Joe Stevenson, and included in the Council's folder tonight. Other things that we've seen happen in the Downtown, previously unoccupied buildings have been purchased and have been put to use: The Pavilion (formerly the Brock's building) and American Way (formerly the J C Penney building); the Kress Building, the new owners have created new interest in the available space, and much of the building has been leased. Past difficulties with projects and critical reports from the Grand Jury have had a positive impact. The Agency's philosophy on granting assistance is now predicated on post facto assistance, meaning only after a project is in place and generating tax increment is the assistance granted to the developer. To an extent, this is necessary due to the fiscal constraints that the Agency is faced with, but the Agency also feels it's essential in order to reduce all risk to the extent that it is feasible. Some of the more recent example of that: Bakersfield, California, January 9, 1991 - Page 4 Banducci-Walker, where inducements were offered which would cause the development of 4.5 Million Dollars of improvements within the next 5 years. Should that take place, then the Agency would incur that obligation and pay the City out of the tax increment generated. The Tegeler Hotel Project - assistance from the Agency will be granted only upon completion of the Project. And thirdly, we're in the initial stages of negotiations with a medium-sized engineering firm for its office location in the Project Area. Again, assistance for off-site improvements would come only after the project is completed and generating tax increment, and the assistance would be limited to a percentage of that tax increment to be generated. The Agency has been instrumental in the development of submittal guidelines, which the Council will find in their packets. Urban Design Guidelines - which were recently adopted by the Redevelopment Agency; Revised parking requirements for the Downtown area contained within the newly-adopted Parking Ordinance; and The final stages of creating a Master Tree Plan for the Downtown. Finally, through an Agency-appointed citizen panel representing many divergent interests, a draft revision of the Redevelopment Element has been completed. The Executive Director has established an administrative policy that now requires a review and sign-off of any CDDA agreement by the City Attorney's Office, Finance Department, and the Economic and Community Development Department prior to any legislative action. Also, at his direction, an Administrative Work Plan for Fiscal Year 1990-91 has been prepared in order to better guide staff resources, and I believe the Council will find that in its packets, and copies of that have been distributed to the Agency this evening. 311 Bakersfield, California, January 9, 1991 - Page 5 Work is also under way by both the Finance, and Economic and Community Development Departments to address some medium-term solutions to the Agency's financial difficulties. This includes the disposition of Agency-owned property. Lastly, efforts have already been initiated to reduce operating costs by not filling a position that has become vacant and the transfer of personnel from Redevelopment to Planning. Agency Member Araujo made a brief statement regarding the need for better communication between the Agency and the Council, as follows: In order for the Council to be kept abreast of the Agency's progress and potential problems, a closer working relationship should be arranged. Regularly scheduled meetings between the Agency and the Council, open to the public, would be the most straightforward way to accomplish this. Communication between the Agency and the Council should not be solely the responsibility of staff. With regard to the need for open, two-way communication between the Agency and the public, regularly scheduled Agency Workshops, open to the public, would do much to eliminate misunderstandings. For example, Downtown business people often ask questions about such matters as the current disposition of funds which were once to be allocated for certain programs later suspended or eliminated, such as the highly-successful Facade Improvement Program, which is currently on hold. Councilmember McDermott stated that this Workshop was set up at the direction of Councilmember Edwards and, although Councilmember Edwards was ill this evening, staff has been asked to tape this Workshop in the event he wishes to listen to it at a later date. Councilmember McDermott further stated that, in the past, Council had asked the Urban Development Committee to stay in communication with the CDDA by having regularly-scheduled luncheons and requested the Chairman of that Committee check into resuming the quarterly luncheons. Agency Chairperson Rubin stated he wished to echo the comments regarding the need for closer communication. He further stated it is an excellent idea to resuscitate the luncheons, and he will be happy to participate and felt all the Agency Members would, as well. Councilmember Salvaggio stated he would like to see the Facade Improvement Program back on track. Bakersfield, California, January 9, 1991 - Page 6 Councilmember DeMond urged staff to offer any existing funds, or when funds do become available, to the community for facade improvement. Councilmember DeMond requested staff determine and advise when the Facade Improvement Program would become available. ADJOURNMENT There being no further business to come before the Council and the Central District Development Agency, Mayor Medders adjourned the Special Joint Meeting, Council went into Closed Session, and the Central District Development Agency went into its Special Meeting at 5:45 p.m. ATTEST: Council of the the City of Bakersfield, CA ndw Bakersfield, California, January 9, 1991 Minutes of City of Bakersfield, of City Hall at 5:45 the Closed Session of the Council of the California, held in the Council Chambers p.m., January 9, 1991. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Councilmembers DeMond, Brunni, Peterson, McDermott, Salvaggio Edwards, Smith CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(b) and 54957 regarding potential litigation and a personnel matter. Upon a motion by Councilmember McDermott, two items which arose after the Agenda was posted and upon which action is necessary were added to Closed Session, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Brunni, Peterson, McDermott, Salvaggio None None Councilmembers Edwards, Smith Closed Session pursuant to Government Code Section 54956.9(a) regarding Bender et al. vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(b)(1) regarding potential litigation. Councilmember McDermott made a motion to go to Closed Session. In response to a question by Councilmember DeMond, Acting City Attorney Sherfy advised that it was okay for her to vote to go to Closed Session. Upon a motion by Councilmember McDermott, Council recessed to the City Manager's Conference Room for Closed Session at 5:45 p.m. ADJOURNMENT Upon a motion by Councilmember Brunni, the meeting for Closed Session was adjourned at 6:57 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw Bakersfield, California, January 9, 1991 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., January 9, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Reverend Ed Meissner, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Absent: Councilmembers DeMond, Smith (seated at 7:10), Brunni, Peterson, McDermott, Salvaggio Councilmember Edwards Calendar. CONSENT CALENDAR The following items were listed on the Consent so Approval of Warrant Nos. 4711 to 5300, inclusive, in the amount of $3,409,592.11, and Self Insurance Warrant Nos. 887 to 1087, inclusive, in the amount of $94,957.88. Minutes of the Workshop, Closed Session and Regular Meeting of November 28, 1990, and the Special Meeting of December 10, 1990, for approval. Communications: Communication from Hill Top Developers, Inc., 1830 Brundage Lane, dated November 27, 1990, requesting annexation of property generally located on the south side of Louise Street approximately 600 feet west of South Union Avenue and containing approximately five acres. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Cuesta Engineering, 5055 California Avenue, Suite 218, dated December 17, 1990, requesting annexation of property located south of Panama Lane between Gosford Road and Stine Road, and zone change. (RECEIVE AND REFER TO PLANNING COMMISSION) Dedication of Properties: Street Right-of-Way Deed No. 3286 from Dennis W. DeWalt for a portion of Spokane Avenue east of Calloway Drive and south of Hageman Road. Bakersfield, California, January 9, 1991 Page 2 Street Right-of-Way Deed No. 3287 from Timothy J. Banks dba, Patriot's Enterprises for a portion of Spokane Avenue east of Calloway Drive and south of Hageman Road. Quitclaim Deed No. 3288 to Donald H. and Paula R. Kinzel for a portion of Spokane Avenue east of Calloway Drive and south of Hageman Road. Quitclaim Deed No. 3289 to Piper-Stephens for a portion of Spokane Avenue east of Calloway Drive and south of Hageman Road. Quitclaim Deed No. 3290 to Dennis W. DeWalt for a portion of Spokane Avenue east of Calloway Drive and south of Hageman Road. Deed No. 3291, Irrevocable Offer of Dedication from Brimhall Partners to reserve right-of-way for a portion of the Kern River Freeway between Calloway Drive and Coffee Road. Final Maps and Improvement Agreements: Agreement Nos. 91-1 and 91-2, Final Map and Improvement Agreements with M.J.J. Developers for Tract 5135 A Phase I consisting of 57 lots on 11.78 acres located south of White Lane between Mountain Vista Drive and Buena Vista Road. Agreement Nos. 91-3 and 91-4, Final Map and Improvement Agreements with William and Patty Alexander, and Dewayne and Joanne Adams for Tract 5156 consisting of 20 lots on 5.08 acres located at the northeast corner of Auburn Street and Eissler Street. Notices of Completion and Acceptance of Work for the following: Contract No. 90-222 with Griffith Company for construction of Madison Street from White Lane to Planz Road, completed December 14, 1990. Bakersfield, California, January 9, 1991 - Page 3 Contract No. 90-143 with Griffith Company for traffic signal modification on Mt. Vernon Avenue at University Avenue, completed December 14, 1990. Contract No. 90-234 with Tumblin Company for Stine Canal Culvert at Ashe Road, completed December 27, 1990. Agreement No. 91-5, Amendment No. 1 to Agreement No. 86-129 (Memorandum of Understanding) with the County of Kern for the restoration of the Baker Street Library - Phase II. i. DELETED. Upon a motion by Councilmember DeMond, Item i. of the Consent Calendar was deleted. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, and h of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers DeMond, Brunni, Peterson, McDermott, $alvaggio None None Councilmembers Edwards, Smith Noes: Abstain: Absent: Councilmember Brunni stated for the record that the reason action was taken this evening on Item f.1. of the Consent Calendar was because the applicant's financing will expire on January 21, 1991, and the next Council meeting is not until January 30, 1991; therefore, action was required this evening subject to the Planning Commission meeting of January 10, 1991. Councilmember McDermott stated he was pleased to see continued efforts regarding Item e. of the Consent Calendar, the right-of-way for a portion of the Kern River Freeway, and stressed how very important it is to keep moving on that. PUBLIC STATEMENTS Mrs. Laura Klugow, 4212 Northwind Drive, spoke regarding the problem with the City sewer in her neighborhood backing up and running into the storm drains, and voiced her displeasure at the length of time it has taken to correct the problem and wanted to know what the policy is for contacting somebody from the City to do so. Public Works Director Schulz advised the proper procedure during the daytime is to call the Public Works Department, or there is a telephone number listed in the directory for sewer maintenance problems, and during the weekends and evenings, the procedure is to call the Com Center at the Police Department, which is 327-7111. The Com Center has a list of individuals to contact during off-duty hours, and the call is then forwarded to the appropriate individual. Bakersfield, California, January 9, 1991 - Page 4 Mr. Bob Ashbeck, 4283 Country Club Drive, representing the State of California Community Access Network, which is sponsored by the Department of Rehabilitation, spoke regarding access to the parking structure of the City Center Building for the physically handicapped. He advised that in some sections of the parking structure, there is not enough clearance, due to water pipes, lights and sprinklers, for a handicap van to pass through, and there are no signs indicating where the handicap parking spaces are located. He further advised that there are two handicap spaces accessible from the east end of 18th Street; however, when leaving the garage, the only way out of those spaces is to back out onto 18th Street, which allows no visibility. Mr. Ashbeck suggested moving one of the pipes, putting in signs and moving the location of the handicap parking in order to eliminate backing out onto 18th Street. Councilmember DeMond requested that the Building Department check into the possibility of posting signs to clarify the path of travel that's necessary to reach the handicap parking spaces and to look into relocating the two spaces on the east end of 18th Street to alleviate any difficulty and traffic congestion. Mr. Bruce Keith, President, Downtown Business Association, 1820 Brundage Lane, Suite C, spoke regarding the appointment to the Central District Development Agency and asked that sincere consideration be given to Stan Ferguson's nomination to that seat. Mr. Keith also spoke in support of the First Reading of the Historic Preservation Ordinance that is on tonight's Agenda. Mr. Jim Parker, 2330 20th Street, of the Historic Preservation Ordinance and history. spoke in support reviewed its Ms. Ruth Adams, 2311 19th Street, spoke in support of the Historic Preservation Ordinance and stated when it goes back to committee that consideration be given to lowering the 75 percent signature request for approval, because of absentee owners, elderly owners and rental property. HEARINGS This is the time set for continued public hearing on an appeal by Mr. Ruben Bartell of a restriction to allow medical related uses of a C-2 (Commercial) Zone approved by the Planning Commission on those certain properties in the City of Bakersfield consisting of 39+/- acres located in Section 32, Township 29 South, Range 27 East, M.D.B.&M., and generally located south of Brimhall Road, approximately 700 feet west of Coffee Road. This hearing was continued from the meeting of December 19, 1990. Bakersfield, California, January 9, 1991 - Page 5 Mr. Roger Mcintosh, with Martin-Mcintosh Engineering and representing the appellant, spoke in opposition to the motion to deny the appeal and proposed that, instead of requesting a C-2 Zone, the zoning be allowed to go to a PCD (Planned Commercial Development) Zone. Mr. Mcintosh also stated he would like to continue to pursue the appraisal of the freeway right-of-way and work towards a negotiated settlement of the City acquiring the right-of-way on that property. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Councilmember Brunni asked Mr. Mcintosh, for the record, if he and the applicant understood what a PCD means to each of them. Mr. Roger Mcintosh advised that they do understand, and stated that one of the reasons for the PCD request is that it will allow everyone to see what that use is and look at the mitigation impacts at the time of public hearing. Councilmember Brunni made a motion to grant the zone change on condition that the property be developed upon subsequent approval of a PCD, and directed staff to continue with an appraisal for the right-of-way acquisition. Upon a motion by Councilmember Brunni, the zone change was granted on condition that the property be developed upon subsequent approval of a PCD, and staff was directed to continue with an appraisal for the right-of-way acquisition, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio None None Councilmember Edwards Peterson, Mayor Medders advised that, as mentioned in the Workshop, Councilmember Edwards is ill this evening. REPORTS Councilmember DeMond read Personnel Committee Report No. 1-91 regarding Revised Job Specifications and transfer of staff from Redevelopment to Planning, as follows: At its meeting on December 20, 1990, the Personnel Committee reviewed recommendations from staff to reclassify a Clerk-Typist II position in Water and Sanitation, and Personnel Clerk positions in Community Services, Public Works, Water & Sanitation and the Police Department. Desk audits were conducted by the Personnel Division which revealed that the incumbents' current job responsibilities and duties are not consistent with the duties and responsibilities associated with the Personnel Clerk or Clerk-Typist II job specifications. The Personnel Committee recommends the following reclassifications in the above-mentioned departments: 3!9 Bakersfield, California, January 9, 1991 Page 6 Personnel Clerk I to Secretary II Clerk-Typist II to Secretary II Personnel Clerk (Police Department) to Sr. Police Records Clerk There will be a financial impact for the reclassification of the Clerk-Typist II to Secretary II, however, sufficient funds are available within the department. The reclassification requests have been approved by the Miscellaneous Civil Service Board and the Police Civil Service Board. The Committee also reviewed staff's request to transfer a Principal Planner from Redevelopment to the Planning Department. The Principal Planner will replace the position of Planning Technician in the department and will also enable the department to keep pace with the growing work load. The transfer can be accomplished without any current year fiscal impact. It is requested that the Council accept this report and approve the changes outlined, including adoption of the Salary Resolution. Upon a motion by Councilmember DeMond, Personnel Committee Report No. 1-91 was accepted. Adoption of Resolution No. 1-91 of the Council of the City of Bakersfield amending Resolution No. 6-89 setting salaries and related benefits for employees of the Blue and White Collar Units of the City of Bakersfield, adopting Salary Schedule and adopting City Schedule of Paid Holidays (deleting Personnel Clerk and adding Senior Police Records Clerk). Upon a motion by Councilmember DeMond, Resolution No. 1-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None Councilmember Edwards Councilmember McDermott, Chairperson of the Budget and Finance Committee, read Report No. 1-91 regarding Implementation of Jail Booking Charge by Kern County, as follows: The City Council requested that the Budget and Finance Committee review the proposed County implementation of the Jail booking charge authorized by Senate Bill 2557 (Maddy). Bakersfield, California, January 9, 1991 - Page 7 For several months, City staff has worked with representatives from the County Administrative Office regarding the proposed implementation of the charge by the Kern County Board of Supervisors The Committee expressed various public policy concerns involving the proposed booking fee, including what constituted a "booking" and the disincentive to law enforcement created by a per booking charge. The Committee directed staff to review the booking procedure and, after further study by City and County staff, it has been determined that an agreement could be reached with the County to provide a contract for the average 350 City bookings per month at $57.00 each, for the period of July 1, 1990, through June 30, 1991. The total booking charge for Fiscal Year 1990-91 would be $239,400. While the Committee does not agree with, in principle, any booking charges by the County, it is evident that it will be implemented as allowed by current State law. Therefore, the Committee recommends that the City Council authorize the Mayor to execute the proposed agreement with the County for the payment of booking fees subject to the implementation of the booking fee by the County. In addition, the Committee recommends the transfer of $239,400 from Council Contingency to the Police Department Budget. The Committee further recommends that the City support actions which would limit or eliminate the ability of the State or Counties to pass on the costs of their public services to Cities. We request that the Council accept this report and implement its recommendations. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 1-91 was accepted. Councilmember McDermott made a motion to implement the recommendations of Budget and Finance Committee Report No. 1-91. Councilmember McDermott stated for the record, as follows: This has been a very contentious issue since it was first brought up in September of this last year. At that time, it appeared that the impacts upon the City could be in excess of $1.2 Million but, even probably more significant than that, I think it could have had some significant impacts on the quality of life in our community. If indeed we'd gone to a per booking charge, I think it would have been a disincentive to provide the level of police protection that our community desired. 32t Bakersfield, California, January 9, 1991 Page 8 follows: Through the discussions that finally did take place with the County, we were able to work through these concerns and, while we don't think that our City taxpayers ought to have to pay twice for these services, as they will here, at least this is a more reasonable recommendation than the one originally submitted. It's a million dollars less that our citizens are going to be asked to pay twice, and it is going to allow our police to provide the level of police protection the citizens of Bakersfield deserve. So, I am supportive of this compromise, but I do think that we ought to continue to express to our legislatures that they must work to prevent this type of action to take place and that they need to rescind Senate Bill 2557. Councilmember Brunni stated for the record, as Senate Bill 2557 was a last-ditch effort to rope cities into the State's inability to deal with its budget problems. This has happened before. At one time, cities went to the State and basically got them off our backs. We thought that was it. We were wrong. The State Legislature views the coffers of cities as an untapped resource for them. Since the State Legislature doesn't want to be responsible for tax increases, they simply put a squeeze on cities' coffers and asked us to do the same for you. We're forced to provide continuing services with lesser and lesser dollars to do the same job. The implementation of booking fees and property tax administration charges are the result of the State Legislature's actions. I want to make sure that everyone understands that. I feel that accepting these fees without a fight is a dangerous precedent, for the residents of our City, specifically. As a charter city, we are not a political subdivision of the State, as counties are by design and by law. We are a completely different entity. As the squeeze on cities continues, the conflict between cities and counties will continue to heighten and, as I view it, the State then would like to step in and solve the very problem that they've created by regional government legislation. Specifically, now we see AB 3 fathered by Willie Brown, the Speaker of the Assembly. This one little act act has very far-reaching implications for our governmental structure in the entire State. Bakersfield, California, January 9, 1991 - Page 9 Having said that and expressed my philosophical distaste for this whole situation and letting you know that I do feel that the culprit in this situation is the State, I am pragmatic enough to recognize and realize that this proposal does represent a significant compromise between the City and the County from what was initially proposed. Since the City of Bakersfield represents one-third of the County's entire population, it is extremely critical that the City and County work together in solving these kinds of problems and in asking the State to stay out of our business. It's only in the spirit of cooperation that I can reluctantly support this motion. Councilmember DeMond advised that this was an extremely repugnant situation and, since Councilmember Edwards was not here, she wanted to state something that he had indicated to her, which was the good that $240,000 could do in other areas of this community, and he was very sad and dismayed by the manner that this money is going to be used and by the double-taxation method. Councilmember Salvaggio stated his disapproval and advised the matter of booking fees is a rip-off for the residents of the City of Bakersfield. He further stated it is inequitable and represents double taxation for people living in Bakersfield. Councilmember Salvaggio stated he places the blame partially on the Board of Supervisors because, historically, booking prisoners and collecting property taxes are a County-wide responsibility, and they are currently financed by the County General Fund and paid for by all County property owners; City residents are also County residents, and a share of their property taxes goes to the County. Councilmember Salvaggio then read a portion of a letter by Assemblyman Trice Harvey, which was written in response to a letter from Mayor Medders, as follows: Thank you for your letter and resolution regarding $B 2557 appreciate hearing your views matter. the enclosed (Maddy). I on this As you know. $B 2557 authorizes the county auditor to "determine property tax administrative costs proportionately attributable to local jurisdictions and to submit invoices for those costs". This measure does not mandate that counties impose such fees nor does it set the level of fees to be imposed. In essence, this bill provides local governments with greater flexibility to recover their costs, if they decide to do so. The key to this issue is how the county proceeds. Councilmember Salvaggio stated he wanted to reaffirm his opposition and urge the County not to proceed. Bakersfield, California, January 9, 1991 Page 10 Councilmember McDermott stated he felt compelled to respond to some of the comments in Assemblyman Harvey's letter and advised that the State Legislature and those people who supported them, including Mr. Harvey, didn't have the necessary abilities to address the issue directly and solve the State budget problem. He further stated he is very happy that two of our local legislators, Senator Rogers and Assemblyman Wyman, are working to remedy this, and he urged all members of our community to communicate with Assemblyman Harvey to join the bandwagon and help eliminate the inequity. Councilmember Brunni requested a change on page 4 of the Agreement, in Section 4, Amendments, as follows: "This Agreement may not be modified or altered except upon written consent of County 'Board of Supervisors' and City 'Council'". City Manager Hawley indicated that this change could be made. Councilmember Smith recognized staff and the Budget and Finance Committee for their diligent efforts to reduce the booking fee. Councilmember Smith advised that she is not pleased about passing on any fee above what the City residents are already paying to maintain our justice system and urged the Council to resist any attempt at regionalism by experiencing a passing down of the collection of fees from the State to the local level. Councilmember Peterson requested Police Chief Patterson to come forward publicly and state his feelings regarding this issue. Police Chief Patterson advised that a lot of work has been put into reaching this Agreement. He felt the agreement to pay a flat amount is very good from our perspective and, considering there are 21,000 arrests a year, that it is as good an agreement as we could have struck. He further stated that when the Legislature convened last month, four bills were introduced to overturn the booking fee, and there is still a lot pending on this. Approval of Agreement No. 91-6 with the County of Kern for County Jail Booking and Processing Services. Upon a motion by Councilmember McDermott, the recommendations of Budget and Finance Committee Report No. 1-91 were implemented; Agreement No. 91-6 was approved and the Mayor authorized to execute the Agreement pending implementation of booking fee by Kern County; and transfer of $239,400 from Council Contingency to Police Department Budget in the General Fund, by the following roll call vote: Ayes: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott Councilmember Salvaggio None Councilmember Edwards. Noes: Abstain: Absent: Councilmember McDermott, Chairperson of the Budget and Finance Committee, read Report No. 2-91 regarding Ambulance Rates, as follows: On October 9, 1990, the Council referred the issue of Ambulance Rates to the Budget and Finance Committee for review. Bakersfield, California, January 9, 1991 - Page 11 Both Golden Empire and Hall Ambulance have submitted requests for the annual review of ambulance rates. Both companies have provided the City information regarding the need for the increase. Staff has reviewed the information with the Committee and provided information regarding other comparative rates and increases in selected cost indexes for medical personnel, medical expenses and transportation costs. Based on the information provided by the companies and the cost index information, the Committee has determined that an increase is warranted. We recommend the following rates: Basic Life Support $164.00 Advanced Life Support (without procedures) $200.00 Advanced Life Support (with procedures) $364.00 Mileage (per mile from pick-up point to delivery point) $ 10.00 Night Charge (7:00 p.m. $ 46.00 to 7:00 a.m.) Emergency Response (911 responses and private emergency calls that are responded to code 3) $ 36.00 Oxygen (per cylinder or $ 33.00 portion used thereof) Waiting Time (per hour, chargeable in 15 minute increments) $ 17.00 The Committee felt this recommendation is in line with other charges throughout the State and provides the ambulance operators with an approximate 11.2 percent adjustment. This will bring the companies more closely in line with current Medicare reimbursement rates and also take into account that other regulated rates, including Medi-Cal, will not be affected by this action. It is the intent of the Committee that these rates will be reviewed again next year. This process of annual rate review, which was started in 1989, will continue to be refined by both the City and the ambulance companies in the future. Therefore, the Committee recommends approval of this report and the adoption of a resolution of the City of Bakersfield establishing ambulance service charges. Bakersfield, California, January 9, 1991 Page 12 Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 2-91 was adopted. Adoption of Resolution No. 2-91 of the Council of the City of Bakersfield Establishing Ambulance Service Charges. Upon a motion by Councilmember McDermott, the recommendations of Budget and Finance Committee Report No. 2-91 were implemented and Resolution No. 2-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott Councilmember Salvaggio None Councilmember Edwards Councilmember Peterson, Chairperson of the Urban Development Committee, read Report No. 1-91, as follows: Certain changes have studied by the Urban Committee on Monday, been requested and Development December 21, 1990. Those changes include the requirement for 75 percent property owner signature threshold for a petition requesting historic district designation. It is also recommended that a cost recovery provision for both a cultural resource and a historic district be incorporated into the proposed ordinance. The Committee recommends that this report be implemented by considering the proposed ordinance for first reading. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 1-91 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 15.72 of the Bakersfield Municipal Code relating to Historic Preservation. Councilmember Brunni expressed her concerns regarding page 5 of the ordinance, specifically with respect to Section 15.72.040, "Historic Preservation Commission Established - Membership", Subsections A. and B. She felt the two subsections were unclear and asked for clarification. Councilmember Brunni spoke regarding page 10, Section 15.72.090, "Hearing procedure for designation of cultural resources and historic districts", Item 2. She stated that she would prefer to see owners within 500, 700 or even 1,000 feet noticed, instead of 300 feet as written. Councilmember Brunni spoke regarding Section 15.72.160, "Alteration, demolition or relocation of a designated cultural resource or property within a historic district - Hearing required - Appeal", Subsection G., on page 14. Her concern here was that Subsection G. did not provide for a fee to be charged to file an appeal and whether it has to be stated in order for the City to legally charge a fee. Bakersfield, California, January 9, 1991 Page 13 Councilmember Salvaggio stated his disappointment over the process of this ordinance coming before Council this evening. He stated this ordinance first came before the Council in March of 1990, when it was referred to the Urban Development Committee, and since that time, there has been no communication between the Committee and the Council until now. Councilmember Salvaggio advised that at the time it was first brought before the Council, the ordinance provided that all petitions for designation of a historic district must be signed by owners of no fewer than 60 percent of the parcels within the proposed historic district, whereas tonight's ordinance is proposing 75 percent. He stated he has been a strong supporter of private property rights, but he also believes the people who are already there have the right to protect the quality of life in their neighborhood. At the request of Councilmember Salvaggio, Ms. Mary Hoggatt, representing the Bakersfield Board of Realtors, was recognized and advised that the Bakersfield Board of Realtors is very supportive of the ordinance before Council now. Councilmember DeMond requested that Subsections A., B. and G., under Section 15.72.040, on pages 5 and 6, be reviewed and brought back to the table. Councilmember DeMond requested, with regard to the recommended $2,000 application fee, that staff check with other historic districts to see what they charge, and to also look at some alternatives to having the full amount in hand. the met. Councilmember DeMond voiced her concern about all time that was spent on this and the agreement that was Councilmember Peterson, speaking in defense of the Councilmembers who sit on the Urban Development Committee, advised that this is a part-time Council, and the Committee has been working very hard on this ordinance and other historical preservation issues. He felt there were many issues in the ordinance that concerned the Committee that had to be worked out, specifically with respect to the 75 percent figure and the issue of the 300 feet noticing. He stated it boils down to a balance, as the law profession has, with personal property rights on one side and the historical preservation district on the other, and which is more important since a person's right to control his property is involved. He felt it was a compromise on the Committee's part to go for a 75 percent figure as a fair amount. With respect to the 300 feet noticing figure, Councilmember Peterson stated that it is standard with the City, whenever there's a zone change or anything that involves the property values, to notice property owners within 300 feet. He advised you get into some astronomical mailing costs when you go much beyond that. Councilmember McDermott advised for the benefit of the audience that this ordinance is to allow the City to establish historic districts anywhere in the City of Bakersfield. Councilmember McDermott spoke in defense of the time spent by the Urban Development Committee on this ordinance and the decision reached specifically with respect to the 75 percent figure. He further stated he is very concerned about taking away personal property rights and will not support anything less than 75 percent. 327 Ba,:ersfield, California, January 9, 1991 - Paqe 14 Councilmember Smith stated she, too, sees this as matter of fairness and preservation of property rights and believes that the 75 percent figure is appropriate. She indicated the Urban Development Committee worked very well with the Historic Preservation Commission to come up with this ordinance, and she is very pleased with it. a Councilmember DeMond, Chairperson of the Legislative and Litigation Committee, read Report No. 1-91 regarding City Council Response to Request from the City of Lynwood and Information Provided by the League of California Cities regarding SB 2557, as follows: The City Council has recently referred to the Legislative and Litigation Committee several requests relating to regional governance, including a request from the City of Lynwood for Bakersfield to establish a task force on regional governmental concerns, a request to review both AB 3 (regional government) and SB 124 (air quality), and legislative concerns of the regional issues of $B 2557 (booking fees and administration charges). The Committee strongly feels that the duties of Bakersfield elected officials include involvement in regional issues affecting not only the City of Bakersfield but other cities and counties. This includes taking proactive stances on matters such as growth management, air and water quality, and protection of city resources. The City of Bakersfield monitors regional issues through its affiliation with the League of California Cities Sacramento office as well as the South San Joaquin Valley Division. In addition to the Division's regular meeting of February 15 in Reedley, the SSJV Division is hosting a special joint meeting with the Central Valley Division on March 28 to discuss specific regional governance issues. The City of Bakersfield will be represented at both these meetings to provide input and gain insight on the needs of cities on these issues. The City Manager also represents the City as a standing member of the South San Joaquin Valley City Managers Association's Committee on Regional Issues. The Legislative and Litigation Committee commends the City of Lynwood for taking proactive steps to deal with issues of regional concerns and wishes to be kept informed as progress is made. In addition, the Committee urges the City of Bakersfield and its Councilmembers to increase their working relationships with the existing SSJV Division of the League and other existing organizations addressing regional Bakersfield, California, January 9, 1991 - Page 15 concerns endemic not only to the South San Joaquin Valley but to the State of California as a whole. Regarding SB 2557, the City continues to support legislative action repealing all its provisions excluding those granting counties authority to impose business license and utility user taxes. Therefore, the Legislative and Litigation Committee recommends that the City Council accept this report, concur with its recommendations, and authorize the Mayor to forward this report to the City of Lynwood, the SSJV Division of the League, and our State officials to indicate the Council's expanding role regarding regional issues affecting Bakersfield. Upon a motion by Councilmember DeMond, Legislative and Litigation Committee Report No. 1-91 was accepted. Councilmember DeMond made a motion to implement the recommendations of Legislative and Litigation Committee Report No. 1-91 and spoke to the motion. She advised that, in an effort to become more involved as Councilmembers, staff has been asked to check into the possibility of our hosting the special meeting of the SSJV in March so that all the Councilmembers can attend. Councilmember DeMond stated that Fresno and Bakersfield are the two largest cities in the South San Joaquin Valley, and we should have more voice in what is going on. Upon a motion by Councilmember DeMond, the recommendations of Legislative and Litigation Committee Report No. 1-91 were implemented. Councilmember Brunni spoke regarding an article in The Bakersfield Californian on Sunday, January 6, 1991, about AB 3 (Willie Brown) now entitled "Growth Management". Councilmember Brunni pointed out that this is the same bill Willie Brown tried to get passed last year entitled "Regional Government", and it is the same bill with a different title, even though he would like the public to believe that something has changed from last year's bill. She advised that this bill was criticized openly by any number of people, particularly those in local jurisdictions and municipalities, because it strives to eliminate or reduce the need for local control of land use decisions and, specifically, it deals with replacing the need for local land use, hazardous facilities siting, annexation decisions, etc., which are basic local control issues that concern everyone. Councilmember Brunni then quoted from The Legislative Council's Digest, as follows: This bill would create, in State government, the State Growth Management Commission that would establish seven geographic regions encompassing the State and would establish a regional development and infrastructure agency in each region. By requiring participation of cities, counties and special districts in the regional agency, this bill would impose a State-mandated program. No reimbursement shall be made from the State Mandates Claim Fund for costs mandated by the State pursuant to this act. Bakersfield, California, January 9, 1991 - Page 16 Councilmember Brunni advised that it is an unfunded State mandate which is tantamount to something dealt with earlier this evening known as booking fees and administration charge for property taxes. She then continued to quote from The Legislative Council's Digest, as follows: This bill would state the declaration of the Legislature of the need to reorganize local government. The agency replaces the powers and duties of councils of governments, regional transportation planning agencies, air quality management districts, air pollution control districts, regional water quality control boards, and the Planning and Advisory Assistance Council. The Commission shall prepare and thereafter shall cause to be maintained a State Conservation and Development Plan. In preparation of the plan, priority shall be given to the development of Statewide land use policy. Upon completion of the plan and prior to approval, the State Growth Management Commission shall seek the advice of the Legislature, and for this purpose shall transmit the plan to the Speaker of the Assembly (Willie Brown) and to the State Senate Rules Committee. Councilmember Brunni stated that this is an extremely tenuous piece of legislation, and she encouraged everyone on the Council, and also the public, to please be involved in this sort of legislation because it has a profound affect on each and every one of us, not just today but into the long-term future. ACTION ON BIDS Approval of Contract No. 91-7 with A. C. Electric Co. for Traffic Signal Modifications at intersections of Beale Avenue at Flower Street, "F" Street at 21st Street, Brundage Lane at "H" Street and Planz Road at Stine Road. Upon a motion by Councilmember DeMond, the low bid from A. C. Electric Co. in the amount of $86,295.00 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Pumper Truck for Fire Department (replacement). Upon a motion by Councilmember Peterson, the bid from Quality Manufacturing, Inc., in the amount of $213,399.00, was accepted and all other bids rejected. ]ow Approval of Annual Contract No. 91-8 with Jim Alfter Cement Contractor for Canal Liner Repair. Upon a motion by Councilmember DeMond, the bid from Jim Alfter Cement Contractor in the amount of $23,975.00 was accepted and the Mayor authorized to execute the Contract. Bakersfield, California, January 9, 1991 - Page 17 DEFERRED BUSINESS Adoption of Ordinance No. 3333 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map Nos. 123-35 and 123-36 by prezoning that certain property located south of Hosking Avenue east and west of wible Road contiguous to the boundary of the City of Bakersfield known as the Hosking No. 2 Annexation. (Ward 6) This Ordinance was given first reading at the meeting of December 19, 1990. Upon a motion by Councilmember McDermott, Ordinance No. 3333 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Brunni, Peterson, McDermott, Salvaggio None None Councilmembers Edwards, Smith Adoption of Ordinance No. 3334 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map Nos. 123-25 and 123-36 by prezoning that certain property located north and south of Hosking Avenue, west of State Route 99 contiguous to the boundary of the City of Bakersfield known as the Hosking No. 3 Annexation. (Ward 6) This Ordinance was given first reading at the meeting of December 19, 1990. Upon a motion by Councilmember McDermott, Ordinance No. 3334 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Brunni, Peterson, McDermott, $alvaggio None None Councilmembers Edwards, Smith Upon a motion by Councilmember McDermott, the meeting recessed at 9:00 p.m. and reconvened at 9:06 p.m. Adoption of Ordinance No. 3335 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 123-26 by prezoning that certain property located east of Stine Road approximately 850 feet south of the Arvin-Edison Canal contiguous to the boundary of the City of Bakersfield known as the Stine No. 7 Annexation. (Ward 6) This Ordinance was given first reading at the meeting of December 19, 1990. Bakersfield, California, January 9, 1991 - Page 18 Upon a motion by Councilmember McDermott, Ordinance No. 3335 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None Councilmember Edwards Adoption of Ordinance No. 3336 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 102-15 by prezoning that certain property located southeast of Westlake Drive and Oakhaven Street contiguous to the boundary of the City of Bakersfield known as the Oakhaven No. 1 Annexation. (Ward 4) This Ordinance was given first reading at the meeting of December 19, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3336 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Edwards Peterson, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 3.70.040 of the Bakersfield Municipal Code relating to the schedule of fees and service charges for processing of historic district applications. This ordinance amends Service Center S-18 to add Historic Preservation Review to the schedule of fees and service charges for processing historic district applications. Adoption of Resolution of Application No. 3-91 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 341, Pacheco No. 10 Annexation. (Ward 7) Councilmember Salvaggio made a motion to adopt the Resolution and advised he is very pleased to see the City moving forward towards annexing the County island known as Pacheco No. 10. He further stated it is a neighborhood of about 500 people that has no street lights and some of their roads are in need of repair, and he feels we can do them a lot of good in improving their neighborhood. It is the one area in Ward 7 that is totally surrounded by the City, and Councilmember Salvaggio stated he is excited about the possibility of their joining the City of Bakersfield. He then thanked staff, specifically Planning Director Hardisty and City Manager Hawley, for supporting him on this. Bakersfield, California, January 9, 1991 - Page 19 Councilmember McDermott thanked Councilmember Salvaggio for his hard work on this and stated he thinks the annexation is not only going to be in the best interest of the neighborhood, but that it is in the best interest of the City of Bakersfield. Upon a motion by Councilmember Salvaggio, Resolution of Application No. 3-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None Councilmember Edwards Adoption of Resolution No. 4-91 of the Council of the City of Bakersfield ordering the summary vacation of 5 feet of the 10-foot wide public utilities easements located in Tract No. 5033-2 in the City of Bakersfield (Southeast corner of Hageman Road and Calloway Drive). Upon a motion by Councilmember Brunni, Resolution No. 4-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Edwards Peterson, Referral of a Resolution of the Council of the City of Bakersfield amending Resolution No. 6-89 for Employees of the Blue and White Collar Units of the City of Bakersfield, adopting Salary Schedule and adopting City Schedule of Paid Holidays. (Reclassification of Engineering Drafter to Computer Drafting Technician II and adding Computer Drafting Technician I). Upon a motion by Councilmember Peterson, Resolution of the Council of the City of Bakersfield amending Resolution No. 6-89 for Employees of the Blue and White Collar Units of the City of Bakersfield, adopting Salary Schedule of Paid Holidays (Reclassification of Engineering Drafter to Computer Drafting Technician II and adding Computer Drafting Technician I) was referred to the Personnel Committee. Adoption of Resolution No. 5-91 of the Council of the City of Bakersfield Endorsing Application for an Urban Stream Restoration Grant and Determining Appropriate Environmental Impact Document, Conditionally Accepting Grant if offered, and Designating Contract Manager and Fiscal Agent for the Acquisition of Real Property in the Bakersfield Educational Studies Area of the Kern River Parkway. Bakersfield, California, January 9, 1991 Page 20 Upon a motion by Councilmember Brunni, Resolution No. 5-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None Councilmember Edwards Approval of Agreement No. 91-9 with the County of Kern for Solid Waste Management Activities. Upon a motion by Councilmember Peterson, Agreement No. 91-9 was approved and the Mayor authorized to execute the Agreement. Approval of Consultant's Agreement No. 91-10 with Boyle Engineering Corporation for design services for the upgrade and expansion of Wastewater Treatment Plant 2. Councilmember Brunni authorize the Mayor to execute Engineering Corporation. made a motion to approve and the Agreement with Boyle Councilmember Brunni stated for the record that she appreciated Public Works Director Schulz and all his staff for their willingness to do a Request for Proposal on this particular function when she asked for it. She further appreciated the fact that they kept an open mind throughout this process and came to what she considered to be a very sound conclusion for the City, overall, economically. Upon a motion by Councilmember Brunni, Consultant's Agreement No. 91-10 was approved and the Mayor authorized to execute the Agreement. Adoption of Negative Declaration for a Community Development Block Grant proposal to purchase and rehabilitate the Tegeler Hotel into 53 units of low and moderate income housing. Upon a motion by Councilmember Peterson, the Negative Declaration with mitigation measures listed in Exhibit "A" was adopted. One appointment to the Central District Development Agency due to the resignation of Robert D. Watson, term expiring April 22, 1991. (4-year term) Mayor Medders stated he was not prepared at this time to make a recommendation and requested to extend the deadline for receiving applications to January 11, 1991. Upon a motion by Councilmember McDermott, the deadline for receiving applications for the Central District Development Agency vacancy was extended to January 11, 1991. B~kersfield, California, January 9, 1991 - Page 21 Councilmember McDermott stated he was impressed with the number of people who applied for this position, and he felt some very significant progress has been made in our process of getting the information out. He stated further that he is happy that so many people in our community have applied for the position. COUNCIL STATEMENTS Councilmember Salvaggio spoke regarding New Business Item, Application for Urban Stream Restoration Grant, and conveyed his appreciation to staff for their aggressive stance in trying to secure funding to further develop the Kern River Parkway, which we all hope will increasingly become the focal point for recreation and wildlife needs in our community. see the Parkway: Councilmember Salvaggio advised following accomplishments made in he would like to 1991 regarding the The Texaco parking lot should be laid in approximately the next five weeks. More volunteers are needed for the third tree planting project on the River, hopefully in the Spring. Now that the funds are available, the Bike Path needs to be put in down to the Stockdale Highway Bridge. Since the contract has been awarded, that should be coming forth fairly soon. The funding is now available for the group picnic areas by Empire Drive, Group Picnic Area #1 and #2. He further stated if all of that can be done this year, it would really enhance the aesthetics of the Parkway and improve our image, and really put us on the map. Councilmember Salvaggio advised he was in receipt of a letter to Paul Dow regarding the volleyball courts that are going to be in between the Par Course and the parking lot, and he requested that the City Clerk give a copy of the letter to Jack Hardisty, Dale Hawley, Ed Schulz and the Councilmembers. Councilmember Salvaggio urged the continual coordination between Parks and Recreation, and the Water Department (since most of the legwork regarding the Parkway comes out of the Water Department) to further enhance the development of the Kern River Parkway, and also to continue planning coordination with the Planning Department. Councilmember Smith discussed the recycling program and the possibility of the City, or perhaps an interested service organization, getting involved next year in helping out some of the citizens who do not have ways to get their Christmas trees to the recycling areas. Water and Sanitation Manager Dow advised that the City has volunteered a truck for that purpose, and next year efforts will be coordinated to pick up trees all over town. 335 Bakersfield, California, January 9, 1991 Page 22 Councilmember Brunni requested that an article from Transit California Magazine regarding the California Transit Finance Corporation be furnished to the Mayor, Council and G.E.T. City representatives. She advised that the California Transit Finance Corporation is a company that allows transit needs to be met "to finance capital facilities, improvements, acquire equipment and rolling stock, or simply meet operating cash flow needs". She stated this is a way to have debt service and debt financing for transit-type entities, and the City might want to look into encouraging some of our transit entities to learn about it. Councilmember Brunni advised she will be attending a luncheon sponsored by the Community Connection for Child Care on March 22, 1991, at 11:30 a.m., at the Stockdale Country Club. She encouraged any other Councilmembers interested in attending to do so and stated that, as one of the larger employers in Bakersfield, it is important to the City to take the lead in these kinds of issues and show other employers that the City is committed to child care issues. In response to Councilmember Brunni's question, City Manager Hawley provided an update regarding the horseshoe courts advising that the Council authorized the horseshoe group to proceed with their construction and since they have the authorization, the next step would be up to them. Councilmember Brunni thanked The Californian for their editorial on January politicians. Bakersfield 1, 1991, regarding Councilmember McDermott stated he is looking forward to the day that the Kern River Parkway is not just parkway along a dry riverbed, but it's a parkway along a riverbed with running water in it. Upon a motion by Councilmember McDermott, the issue of air quality in the San Joaquin Valley was referred to the Intergovernmental Relations Committee. Councilmember Peterson spoke regarding a memo Council received from the Mayor recommending the City traditionally designate a tree at Christmas time, have a ceremony and light it officially. He stated it would be a nice ceremony to add to our City and suggested saving enough Council Contingency Funds to provide that. City Manager Hawley advised, with respect to the Christmas tree, that it can be worked into the budget. In response to a question by Councilmember DeMond, City Manager Hawley advised that the City does have a policy regarding smoking in City buildings and there are certain designated areas in each building where smoking is allowed. Upon a motion by Councilmember DeMond, the issue regarding no smoking in the work place was referred to the Legislative and Litigation Committee. Acting City Attorney Sherfy advised that this is his last meeting as Acting City Attorney and he wished to thank everybody for the opportunity to serve in that capacity. Bakersfield, California, January 9, 1991 - Page 23 Councilmember DeMond thanked Acting City Attorney Sherfy for taking the Council through an interim period where there were a lot of controversial issues. Councilmember DeMond stated that he served ably during this time, and she appreciated knowing that Mr. Sherfy was still going to be on staff helping in many areas. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 9:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw