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Home My WebLink AboutJAN - MAR 1985282 Bakersfield, California, January 4, 1985 Minutes of a recessed meeting of the Council of Bakersfield, California, held in the Council Chambers at 12:00 Noon, January 4. 1985. The meeting'was called the Pledge of Allegiance. Present: to order by Mayor Shell, of the City of City tIall followed by The City Clerk called the roll as follows: Mayor Shell. Councilmen Christensen, Dickerson, Moore, Rockoff, Childs Absent: Councilmen Ratty, Barton to the Mayor Shell announced that Councilman Moore bas been elected Local Agency Formation Commission as a full voting member. WORKSHOP SESSION City Manager Caravalho stated he would like the Council to participate in a general discussion regarding the City Code Enforce- ment issue to find out the Council's feelings, what they are interested in accomplishing and how they wish it to be accomplished. Councilman Childs stated he has submitted, to the Public Works and Planning Departments and the City Manager, a list of items ~n the First Ward that can be readily remedied. However, in regards to abandoned vehicles, while he is not familiar with the codes and how much the City can enforce~ it ia his feeling he would like to see all City codes enforced that ar~ enforceable. City Attorney Oberholzer stated unless there is a health hazard in relation to abandoned or stored vehicles, the City cannot take action. Abandoned vehicle ordinances have been proposed to the Council in the past to allow for removal of inoperable vehicles. However, currently, there is no such ordinance. The only vehicles the City can remove are those parked on the street. In answer to a question by Councilman Childs, Police Chief Price stated the 72 hour code is enforced, but if a vehicle has been moved just one inch, the vehicle cannot be towed away. In situations where there are lots cluttered with miscellaneous vehicles and vehicle parts, it will be up to the Council as to how much pressure Bakersfield, California, January 4, 1985 - Page 2 '283 they wish to take from the public for enacting an ordinance for removing vehicles off private property. The City has the authority to adopt an ordinance to remove vehicles on private property. In answer to a question by Councilman Childs, City Attorney Oberholzer stated there are provisions in the Zoning Ordinance that would allow enforcement. For example: if a particular parcel of residential property is being used as storage, it would be illegal; and if property is being used as a parking lot and not paved, it would be illegal. In those particular cases, the City can go against the property owner. If a parcel of property is being used to accumulate junk in a residential area, that too would be illegal. Councilman Dickerson stated he feels that possibly abandoned vehicles and trailers parked in the street are both situations more prevalent in the County and is conc¢.rned about a possible ripple affect on other issues the Council is involved in. Councilman Hockoff stated he would like to see the ordinar~ces in affect enforced. The City should strongly consider having ordins. nces to prohibit people from leaving abandoned cars in their driveways. lawns, etc. There should be a way to prevent the games people are playing with the 72 Hour Code. Regarding Building Codes, he feels it is a major responsibility of the CJly to enforce codes already on tke books. Regarding budgetary matters, the City's costs would be that of inspection and enforcement. City Manager Caravalho stated the issue of building codes is, what extent the City wishes to get involved in building code enforcement of substandard dwe31ings and what resources are allocated for that. He requested an indication l'rom the Council as to whether or not they are satisfied with what is being done or if they are interested in doing more. Councilman Rockoff feels that the City should enforce codes pertaining to substandard housing. 284 Bakersfield, California, January 4, 1985 - Page 3 City Manager Caravalho stated he has been informed that building code problems are handled on a complaint basis only. This area of building code enforcement can be very difficult. If there are areas already deteriorated and others that are in transition, unless there is some kind of program to cause people to maintain their property, within a short time those areas become a real blight to the City. Sometimes, it takes action on the part of government to be lhe catalyst to cause people to become concerned. He asked the Council if they are interested in this type of inw~lvement. Councilman Moore stated he shares the concerus that have been voiced, and is concerned with the situation where an area that was once very nice begins to deteriorate. If there is any way to stop or slow down that process he w~uld be supportive. He feels maybe it is time to reevaluate this whole process and (rome up with fair and equitable, but firmer, ordinances. Councilman Childs stated he did not feel annexations would be affected by the Council's actions pertaining to code enforcement He also proposed a trip to the First Ward by all the Councilmen in order to acquaint them with the particular problems associated with that area. Councilman Christensen stated he felt that the blighted areas of the City was the reason for the Redevelopment Agency. He also felt any ordinance adopted should include the problem of parking recreational vehicles in front of homes for extended periods of time City Manager Caravalho stated another issue that needs to be discussed is Economic Development, which is level of work at this time. There needs to be term Economic Development, what the priorities Council wishes to concentrate their resources, experiencing a high a clarification of the are and where the both Redevelopment, Housing and Community Development and other City funds. Currently, there is a concentration of Economic Development activity in the Downtown and Lakeview areas and growing interest in the Airpark and Enterprise Zone. The Council should also consider what role the City should play to attract more job opportunities and industry to the Bakersfield, California, ,January 4, 1985 - Page 4 9,85 City and working with the Board of Trade to draw more tourfst or convention type business to the City. Councilman Dickerson expressed concerns about development of a plan for business in the Southwest portion of Bakersfield, in particular along Ming Avenue and Valley Plaza area. He wants to se~, the City grow and develop. He feels a need to allow the City a healthy growth mentality for wherever the building community wants to build People have expressed a feeling tha~ the Sixth Ward has been slight{,d in an effort to rekindle the Downtown Area. City Manager Caravalho stated Councilman Dickersoh's concerns are very pertinent, and questioned who is an advocate of the Downtown Area if each Councilman is primarily concerned with his; Ward and expressed the following questions for Council consideration; What perspective does the Council have when planning for the City in terms of economic viability? What responsibility does the Council have, collectively, for the enhancement of the Downtown Area? What is the priority of Downtown versus many of the other developments occurring in the City? Councilman Dickerson stated he wants to see the business climate in the City allow developers to flourish equitably and law- fully. The Council needs to focus on what can be done to enhance the southwest business act5vities. Each area of the City will flourish as the City grows. He does not oppose Downtown to enhance Downtown Development, but not at the southwest, or create an atmosphere where growth Development. He wants detriment of the cannot successfully and continually be sustained. The City has a Downtown Redevelopment Plan, and he feels there needs to be a fundamental development theme for the southwest. Councilman Childs stated his highest priority is with the most blighted areas of the City, to improve the social and economical conditions of those areas. His second priority is, how and where can he best serve the City of Bakersfield. At this time he still wants to see the center of Bakersfield Jn the Downtown area. He is uncertain Bakersfield, California, January 4, 1985 - Page 5 about his feelings about this agency giving money to developers to develop Downtown. Councilman Rockoff stated he is an advocate of Downtown, however, does not recall ever voting for anything to restrict develop- ment by Tenneco in the southwest. The Council should be protective of the entire City, not just their Wards. He is concerned that, because of all the development in the southwest, eventually Downtown will no longer be the center of the metropolitan area. The way the Council prevents that from occurring is to make Downtown viable, by being a strong and committed Redevelopment Agency, and doing what is necessary, within reason, is on track with what has City, there must be equal to foster development. He feels the Council been done so far. For the welfare of the development in all parts of the City. Any- thing the City can do within its budgetary abilities in the area of jobs and businesses, is extremely important. The new Ceramic Plant is a feather in the cap of the City. Councilman Christensen stated he feels there is more to the City than Downtown and people throughout the City of Bakersfield should have their tax monies spent on their respective areas and not just on Downtown. He has supported, wholeheartedly, all activity in the Downtown Area except the Galleria Project. He hears a lot of complaints from his constituents regarding the Galleria and its location. He represents the people and questions why the Redevelop- ment Agency did not tackle the problem of the blighted area on 18th and 19th Streets. He would like to see the Council become representa- tive of all of the City of Bakersfield. Councilman Dickerson stated there is a tremendous amount of activity in the southwest that ~s not Tenneco Development. One of his main concerns is traffic flow in that area. To enhance the living and bnsiness quality, the City must consider the traffic flow aspect. The businesses in the southwest are of great benefit to the City of Bakersfield. He will be happy to work on any problems in tke City, but there are people in the southwest who feel there is a focns only on Downtown, an ~mage he feels is a detriment to the City. Bakersfield, California, January 4, 1985 - Page 6 City Manager Caravalho stated there are economic forces that work to bring about change. The reasons for a Redevelopment Agency, Housing and Community Development Block Grant Area, or other areas that are deteriorating is because those areas economically cannot sustain themselves. An area of concern is whether the City should allow the continued deterioration of areas of the City without doing anything in planning and economic dew, lopm~nt to try to influence the economic factors so that it~ brings about something consistent with our goal of a viable central City. Does the City have the resources to devote equal time to all sections of the City. From the City's point of view, how do we that are already strained, and focus it From a budgetary standpoint, the Council their priorities are. take the resources available, in the best possible way. needs to determine what Councilman Dickerson stated he has concerns about realloca- tion of tax funds to control growth in certain parts of the City. City Manager Caravalho stated, regarding the issue of the Eastside Mall versus the Downtown Mall, the reality whereby the Council made a decision to defer any development for five years, was that the Council wanted a Downtown Mall. The reality may be that unless government takes a position, not unlike that, which he does have problems with, the City may not have a viable Downtown. It may continue to deteriorate. How does the Council take its principles and philosophies and mesh it with lhe reality of the situation? There is an educational process involved to have an understanding of the forces behind the decisions made. This type of meeting is important, so the Council can have a better appreciation of what staff is trying to accomplish, and thus give better policy direction to realize the benefit potential. Councilman Rockoff expressed his concern about the state- ment that no tax monies have been spent in the southwest. Fifteen years ago there was hardly a southwest and it took a lot of tax dollars to support that construction. Downtown Redevelopment is tax Bakersfield, California, January 4, 1985 - Page 7 increment financing, so it is not taking tax dollars from any particular part of the community, it is tax dollars generated within the Redevelopment Agency itself. In answer to a question by Councilman Childs, City Manager Caravalho stated, at the present, the City is involved in the Truxtun Galleria Project, Hall of Records, Beale Library, final acceptance of funding for the Clarion Hotel and Mosesian Project. A specific plan for the Southeast Enterprise Zone is being worked on, along with financing for the Airpark acquisition. There has been lot of talk regarding Baker Street and the Baker Street Library Proposal. It is important to put these needs into perspective, because unless it is spread around, there is no way to do all these- projects. It would be helpful to get a consesus of the Council's priorities for these projects. CLOSED SESSION Upon a motion by Councilman Dickerson, the Council recessed to a Closed Session at 1:25 P.H., for the purpose of discussing Labor Negotiations. The recessed meeting was reconvened at 1:55 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 1:55 P.l~. ATTEST: ~AYOR of the City ield, CITY CLE'RK and Ex Officio Clerk of the of the City of Bakersfield, California Council CW Calif. Bakersfield, California, January D, 1085 289 Minutes of a regular meeting of of Bakersfield, California, held in Hall at 7:00 P.M., January 9, 1985. The meeting was called to Present: Absent: the Council of the City the Council Chambers of City order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Sally Peltier of the Valley Christian Church. The City Clerk called the roll as follows: Mayor Payne. Councilmen Dickerson, Moore, Rockoff, Barton, Childs, Christensen Councilman Ratty Minutes of the regular meeting of I)ecember 12, 1984, approved as presented. MAYOR CttANGE OF OFFICE CEREHONY Mayor Payne presented a Proclamation to former Mayor Mary X. Shell declaring the week of January 6-13, 1985, as "Mary K. Shell Week in the City of Bakersfield." ~ayor Payne also presented former Mayor Shell a "Key to the City," with the foilowing inscription: "Mary K. Fastest Former ~ayor Shell, Mayor of California's Growing City, 1984." Shell presented Mayor Payne with a new gavel suitably engraved. }fayor Payne, in tnrn, presented former Mayor Shell the gave] she used during her four years in office. PRESENTATION OF RETIRE~ENT PLAQUE Mayor Payne presented a retirement plaqne to Angelo Urrea, who completed 35 years of service in the Public Works and Water Departments of the City of Bakersfield, effective December 29, 1984. SCREDULED PUBLIC STATEMENTS Mr. Berry Plost, Executiw~ Vice-President of Freymiller Trucking, speaking against Ordinanc~ No. 2946 regardin~ Interstate Trucks, presented a brief history of the issue. Ordinance No. 2946 would cause a tremendous financial burden on all local businesses in order to establish terminal designations and truck routes designated to terminals for interstate trucks. At the present 290 Bakersfield, California, January 9, 1985 - Page 2 time it is impossible to get an interstate truck into the Stock- dale Industrial Park, located at New Stine Road and White Lane. Hillions of dollars have been spent on development and construction of industrial parks within the City and County, however, who will bear the additional financial burden to develop the designated routes and terminals. It will fall on the local merchants. The local merchants and warehouses cannot exercise control over the type of equipment a supplier utilizes to deliver goods. Ultimately, the cost will be passed on to the consumer. The cost of implementing this will be borne by the merchants and will only benefit Cal-Trans, by allowing them to spread their costs and potential liability onto local governments. They feel the ordinance is not enforceable and the cost to enforce it would be excessive for any benefit derived by the community. They are requesting that Ordinance No. 2946 be repealed, because it vioIates Federal law by interfering with the conduct of Interstate Commerce. The passage of an Interstate Truck Ordinance is not required by either State or Federal law. The Cal-Trans mode] is based on an inaccurate typical interstate truck design. Cal-Trans wants the ordinance passed to spread their costs and potential liability onto focal governments. If a local government deems interstate trucks tinsafe, positive steps must be taken to see they operate only on designated routes and terminals. If this is not done it will be left to the courts to determine whether the City failed to properly protect the citizens from truck.s classified as dangerous. This risk and cost belongs to the State and not local government. Interstate trucks have operated through- out California for two years without a problem and, in many instances, are smaller than noninterstate trucks. The ordinance is impossible to enforce and, additionally, the tremendous cost placed on local business will subject them to an undue hardship. Mr. Plost suggested that Ordinance No. 2946 be rescinded; the Council establish local truck routes as authorized by the present Vehicle Code; adopt a resolution advising Cal-Trans that City truck routes are in place and they can pr~ceed with signing. Bakersfield, California, January 9, 1985 - Page 3 'g91 Councilman ~oore stated a meeting will be scheduled in a week to ten days with )~r. Freymil]er, trucking people, City staff, Cal-Trans and representatives from the County so this issue can be reviewed. Councilman Moore made a motion to refer the matter of Interstate Trucks to the Intergovernmental Relations Committee for review and recommendation back to the Council. In answer to a question by Councilman Dickerson, City Attorney Oberholzer stated Ordinance No. 2946 is in effect and citations can be issued for violations. However, if the ordinance does not go into effect there will be no truck routes for those vehicles on the City streets. One of the contentions of the California Highway Patrol and Cal-Trans was that they are going to start enforcing the provisions. This ordinance allows i'or those type of vehicles to use certain City streets. Mr. Dean Ross, California Trucking Association, audience, indicated he had nothing to add to ~4r. P]ost's Mr. Nei] Shaner, California ;~oving and Storage stated they have the same attitude towards the ordinance in cities in California and they back everything stated by Plost. Councilman ~4oore's motion to refer the matter of Inter- state Trucks to the Intergovernmental Relations Committee for review and recommendation back to the Council, was unanimously approved. CORRESPONDENCE Upon a motion by Councilman Barton, communications from J. T. Jenkins Company, 3012 Pierce Road, and Freymil]er Trucking, Inc., 1400 South Union Avenue, dated December 28, 1984, requesting repeal of Ordinance No. 2946, adopted by the Council on November ].984, regarding Interstate Trucks, was received, ordered placed on file and referred to the Intergovernmental Relations Committee. Councilman Moore made a motion that communication from State Department of Transportation, P. O. Box 12616, Fresno, from the remarks. Association, being passed ~4r. 292 Bakersfield, California, January 9, 1985 - Page 4 California, dated December 17, 1984, regarding on and off ramps to State Route 99 at Stockdale Highway/Brundage Lane, be received, ordered placed on file and referred to the Intergovernmental Relations Committee for review. Councilman Dickerson offered a substitute motion that the communication from the State Department of Transportation, P. O. Box 12616, Fresno, California, dated December 17, 1984, regarding on and off ramps to State Route 99 at Stockdale Highway/ Brundage Lane, be received, ordered placed on file and referred to the Intergovernmental Relations Committee for review and report back to the Council within 30 days. The substitute motion was unanimously approved. Upon a motion by Councilman Christensen, communication from R. A. Campbell, Adelaide, Australia, dated December 27, 1984, regarding traffic signals in the City of Bakersfield, was received and referred to the Traffic Engineer to respond to the letter. Upon a motion by Councilman Rockoff, communication from 3~illard Archuleta-Eddy-Paynter Associates, Architects, on behalf of San Joaquin Community Hospital, dated December 12, 1984, requesting abandonment of Eye Street between 27th and 28th Streets, was received and referred to the Planning Commission For study and recommendation. Upon a motion by Councilman Childs, communication from )~ike and Carol Bates, Route 4, Box 519, California Hot Springs, dated December 13, 1984, regarding Ambulance Rates for Golden Empir,~ Ambulance, was received and referred to the City Attorney for a report back to the Council. Upon a motion by Councilman Dr. Richard A. Stiern, 712 Pa]o Verde, Moore, communication from dated December 30, 1984, regarding Downtown Redevelopment and suggesting that the Council submit the issue to the voters as a referendum, was received and referred to the Urban Development Cemm~ttee for review and report back to the Council. Bakersfield, California, January 9, 1985 - Page 5 ?,93 COUNCIL STATEMENTS Councilman Christensen asked if nominations are being accepted to fill the vacancy on the Planning Commission created by the resignation of Greg Gallion. Councilman Dickerson requested that during tonight's meeting the Council consider how vacancies are going to be filled on the various Board and Commissions. Councilman Moore stated nominees should be accepted tonight and for a period of 30 days and all Councilmen should be given the opportunity to review them. Councilman Christensen nominated Teri Annette Bjorn, 2716 - 21st Street, to fill the vacancy on the Planning Commission created by the resignation of Greg Gallion, and furnished each Councilman with a copy of her resume. Councilman Christensen read the following statement: The Honorable Mayor and Members of the Council: I was disturbed to read an article ~n the Bakersfield Californian last week about the foul and nasty language being used at Taft City Council meetings. As you know we have entered into a contract with Taft to provide them with City Attorney services through the distinguished offices of our City Attorney, Richard Oberholzer. As you further are aware our BakersfieLd City Council has pr~ded itself on the calm and convivial manner we go about our business. No heat, no arguments, no raised voices and certainly, God forbid, no foul or nasty language. Therefore, we have created an environment which is ~eally suited for the qualities and style of our City Attorney, who you know and has a well deserved and well recognized reputation for his high minded, intellectual approach to the legal matters of our City. My concern is that by continuing to allow the periodic perambulation of our City Attorney to the hinterlands of our County we may be inad- vertently allowing the pernicious poisoning of his otherwise pristine intellect. Therefore, it is with deep concern for the continued sanity of our City Attorney, I move that we swiftly sever our services with the City of Taft where such terms as "battleship mouth" and "row boat rear end" are boldly Bakersfield, California, January 9, 1985 - Page 6 bantered about. I pray that such guttural language will not creep into these hallowed chambers. On second thought, I'm reminded of one of Shakespeare's quotes, "To err is human, and to forgive is divine." Thus, I shall withdraw this motion and give our Taft friends a second chance. Councilman Barton stated he is concerned with an air pollution problem with the Environmental Protection Agency that might involve litigation between the County of Kern and Federal Government. The Federal Government is threatening to withhold funding. What would happen if funds are withheld? What affect would that have on projects within the City? Councilman Barton requested that the City Manager investigate the matter and report back to the Council as soon as possible. Upon a motion by Councilman Childs, the Planning Com- mission was directed to initiate proceedings to consider a General Plan Amendment and rezoning of properties known as the Lowell Addition, located west of Union Avenue, south of California Avenue, north of Brundage Lane and east of Chester Avenue and "M" Street, as requested in a petition submitted to the Planning Commission by property owners and residents of the area. Councilman Childs stated he has appointed Elouise Perry, 1031 "T" Street, to serve as the representative from the Dr. Martin Luther King, Jr., Community Center Citizens Advisory Committee on the South East Enterprise Zone Community Advisory Council. Upon a motion by Councilman Childs, l{r. George White, 331 Douglas Street, was appeinted to fill a vacancy on the Greater Bakersfield Separation of Grade District, created by the death of Horace }iassey. Councilman Childs nominated Dr. Homer llontalvo, 6000 Friant Drive, to fill the vacancy on the Planning Commission created by the resignation of Greg (}aliion. Councilman Childs requested that staff furnish copies of Dr. }lontalvo's resume, that was previously submitted, to each C,~unci]man. Bakersfield, California, ,January 9, 1985 - Page 7 2,95 Councilman Dickerson stated he spoke with Finance Director Klimko several weeks ago regarding a problem one of his constituents had with the City's Business Tax Certificate that shows the amount of tax paid. Mr. Klimko researched this matter with the City's legal staff and from now on the will no longer be listed on the they have paid or a penalty has concerned because the amount of amount of tax that a business pays Certificate. It will only show if been paid. The constituent was tax paid was shown on the Business Tax Certificate and, thereby, giving information as to the actual amount of his dentistry practice. Councilman Dickerson thanked Finance Director Klimko for following through on this matter. Councilman Dickerson made a motion that the matter of questions regarding Pacific Gas and Electric Company's service be referred to the Legislative Committee. Councilman Dickerson stated he would like to explore, with staff, the rights of the City, what might be done to facilitate better service and how the City can help Pacific Gas and Electric Company. Councilman Moore explained some of the past actions taken by the Council and Paciflc Gas and Electric Company regarding the power outages in Southwest Bakersfield and read a portion of a letter sent to residents in the area by Pacific Gas and Electric Company. Councilman ~4oore stated Pacific Gas and Electric Company is moving as rapidly as possible to correct the problems and assure the residents the inconvenience does not continue. The Council as still waiting on the second request they made of Pacific Gas and Electric regarding completion date and status of the rework. Councilman Moore offered a substitute motion that staff work with Pacific Gas and Electric Company on the matter of the power outages and report back to the entire Council at their earliest convenience. During discussion Councilman Hoore withdrew his substitute motion. Councilman Rockoff offered a substitute motion that Councilmen Childs, Dickerson and Moore be assigned to a Special 296 Bakersfield, California, January 9, 1985 - Page 8 Council Committee to study problems with Pacific Gas and Electric Company's service to residents of the City. Councilman Dickerson stated he does not want to set a precedent that every time an issue develops that a Special Committee is assigned to study it. Councilman Rockoff's substitute motion that Councilmen Childs, Dickerson and l~oore be assigned to a Special Council Committee to study problems with Pacific Gas and Electric Company's service to residents of the City, was unanimously approved. Mayor Payne stated there was some criticism at this evening's Redevelopment Agency Meeting of his past activities as a member of the Redevelopment Agency regarding a possible or past conflict of interest. In the past he has stated his conflicts are real or imaginary and on the advice of the City Attorney abstained from participating in those Agency matters. He has done that since he was first advised by the City Attorney and he is no longer in a position where that is a problem. He has done nothing wrong and all the documents referred to this evening were presented to the City Attorney in the past and the City Attorney has that information and advice. If someone feels he has done anything improper he hopes they will bring it to his or the City Attorney's attention instead of presenting it to an Agency who has no jurisdiction over his activities or when he is not present to defend himself. l~ayor Payne thanked everyone who supported and worked with him and the persons who have agreed to serve on the Mayor's new committees. He deems the office of the Mayor a precious trust and honor and will do absolutely nothing to violate that trust. If anyone feels he is out of line or going in the wrong direction, please bring it to his attention immediately. The Mayor's Office is a very sacred position and one he feels very privileged to hold. He does not want to violate anyone's trust or for anyone to have the impression that he is not managing the position properly. Mayor Payne stated former Mayor Shell received a letter from Bernell A. Whitaker, 2507 Spruce Street, dated December 28, Bakersfield, California, January 9, 1985 - Page 9 2,97 1984, resigning as the Mayor's representative to the ttUD sponsored Greater Bakersfield Community Housing Resources Board to accept the position of Administrative Assistant to K. Shell. Mayor Payne announced Kern County Supervisor Mary that he appointed Mr. Michael Warren Strong, 2222 "E" Street, to serve as the Hayor's representative to the HUD sponsored Greater Bakersfield Community Housing Resources Board, effective immediately. Mayor Payne announced that he appointed the following persons to the Mayor's Advisory Committee: Ed Moss Gene W. James Dan Speare The Mayor's Advisory circle of confidants who shall importance, concern, or value to formation of various committees, of appointees required or permitted of the Hayor by Charter, estab- lish the meeting times, dates, locations, and purposes of all futur,s committees to be created by the Mayor and further assist the Mayor in the timely and efficient operation of the office. Mayor Payne also announced that he appointed the followin~ persons to the Mayor's Governmental Ed Moss Jack Bryggare Glenn Harbin J. J. Gianquinto Terrel Kinney Miles "Mac" McKnight Nancy Sewell Larry Moxley Gene W. James Dan Speare 942 Fairway Drive 2920 College Avenue 4912 Panorama Drive Committee shall constitute an inner- advise the Mayor on matters of major the community; recommend the suggest the approval or disapproval 942 Fairway Drive 3407 Cardinal Drive 935 Fairway Drive l108 Princeton Drive 1313 Radcliffe Avenue 2700 Sweet Trail Court 3108 Saratoga 3813 Evelyn Drive 2920 College Avenue 4912 Panorama Drive The Mayor's Governmental Efficiency Review Committee shall be comprised of community and civic leaders already well established and very actively involved in various aspects of this community. They are people, who in various capacities, have been working with the City of Bakersfield and local government for many years. The appointees will be reviewing matters that directly Efficiency Review Committee: BakersField, California, January 5, 1985 - Page 10 impact the citizens of Bakersfield and their activities might range in scope from reviewing items, such as, the Kern River Plan, pending Site Plan Review process, study the budget and recommenda- tions of potential changes to the City Charter. Mayor Payne stated he fully realizes any committees appointed by the Mayor are merely advisory and have no binding influence on City staff or the Council. The responsibilities and workload of the ~4ayor's Office is tremendous and one that he takes very seriously. To effectively administer the office he cannot do that without assistance and the Charter does not allow for that assistance. This is not an attempt to control or enhance the powers of the office. It is an attempt to distribute the workload to people who are knowledgeable, experienced, willing and take pride in this community. The Mayor does l~ot and he will be relying on these people concerns of this community. They will have a vote, but has a voice to keep him advised of the act as a vehicle to relay the problems solutions to keep the Council and staff advised of what the and recommendations they might make. Mayor Payne stated he instituted the to his attention and together they will recommend the members of the Council. At all times he will committees are doing "Mayor's Eagle Award." The Eagle is America's national symbol. It is a large and powerful bird, who knows the sky is the only limit. It is known for its' sharp vision and swift action. It lives on the highest peaks, faces wind, rain and storms without fear and is fiercely independent. From time to time he will recognize individuals throughout the community that display the sharp vision and swift action of the Eagle. A Certificate of Appreciation will be sent from the Mayor's Office to those individuals whose courageous and independent actions bring honor and recognition to this communi~y. Mayor Payne stated he awarded the first Mayor's Eagle Award to Mr. John Neumann, 3100 Ashe Road, Bakersfield. On Bakersfield, Cali£ornia, January 9, 1985 - Page ll ,99 December 12, 1984, at 10:45 A.M., there was an automobile accident on south-bound Interstate 5 north of Patterson, California. A pickup towing a house trailer overturned, pinning the driver, an elderly woman, partially under the vehicle. The victim's vital signs were critical and her life in eminent danger and rescue persons were unable to remove the vehicle from the t:op of her body. Mr. Neuman, a driver for Pipeline Trucking, was north-bound, recognizing the urgency of the situation, disconnected his tractor, crossed the center divider and used his hydraulic boom to raise the pickup, thus allowing Paramedics and California Highway Patrol Officers to extricate the victim and administer [irst aid. It is the opinion of the California Highway Patrol that Mr. Neumann's prompt, capable and voluntary action saved the victim's life. On behalf of the City of Bakersfield Mayor Payne thanked Mr. Neumann. Mayor Payne announced that the Full Gospel Businessmen's Fellowship International had dedicated the month of February. 1985, as a monfh of prayer for Kern County Law Enforcement Agencies' Personnel. The information will be available in the Mayor's Office if anyone desires to participate in that program. Mayor Payne reminded the public that tomorrow, January 10, 1985, at 7:00 A.M., is the Mayor's Prayer Breakfast and the tickets have been sold out. REPORTS Finance Director Klimko presented a report regarding Sewer Connection Fees, as follows~ A $100.00 ($~50.00 per acre) Sewer Connection Fee in effect prior to July 1, ]983, was dedi- cated to service the debt incurred for the expansion of Wastewater Treatment Plant No. 2. In August, l~83~ the City Council raised the 1~83-84 connection fee by $750.00 to $850.00 via Resolution 105-83. This increase was to accomplish several purposes, as follows: 1. Accumulate funds in order to limit the amount of debt to be issued for Treatment Plant No. 3 upgrade/expansion. 3OO Bakersfield, California. January 9, 1985 - Page 12 2. Provide funds for the design and engineering. Strengthen the financial position of the City's Sewer Enterprise Fund which will be responsible for servicing the debt scheduled for issue in October, 1984, with the goal of obtaining a [avorabIe bond rating and interest rate. In January of 1984, via Resolution 1-84, the Council suspended the sewer connection charges set by Resolution 105-83 and set lesser charges, including single family dwellings, as follows: July 1, April ]. July 1, 1983 through Harch 31, 1984 $100.00 1984 through June 30, 1984 475.00 1984 through December 31,]984 662.50 Any charges collected in excess of the above were refunded. In August, 1984, the Council established the 1984-85 sewer connection charges via Emergency Ordinance 293], including single family dwellings, as follows: July 1, 1984 through December 31,1984 $662.50 January 1, ]985 effective 850.00 The $750.00 increase was based upon the following assumptions: ]. Cost of expansion - 47% 2. Annual expansion debt - $1,022,000 3. Eleven year (1972-82) connection average (at 70%) 1,360 4. Bond interest rate i[1% As a result of the bid re(zeived on the bonds and cost of constructien, we have revised our estimates, as follows: Sources Bonds Issued - decrease Interest Earnings - increase $(2,290,000) 372,000 $(1,918,000) Uses Financing Costs decrease Project Cost - decrease $(1,322,000) (596,000) Uses net decrease $ 1,918,000 The result is a decrease of $143,000 annually required to service the expansion portion of the debt Jssued. This decrease in conjunction with an increase in the estimate of annual average (1974-84) sewer connection to 1644 has a rarerable effect on the charges required to service the debt. Bakersfield, California, January 9, 1985 - Page 13 Therefore, I recommend suspending the increase which was effective January ]. 1985, and ex- tending the fees which were in effect the previous six months by adoption of the attached ordinance. Councilman Moore made a motion to accept the report from Finance Director Klimko regarding Sewer Connection Fees. Councilman Childs stated on July l, 1983, the fee was $100.00 and it jumped $750.00 from that time, and he felt to increase the fees that much in less than 1½ years is excessive. Councilman Childs stated he cannot support this item and strongly suggests it be reviewed again. Until he has more information he cannot support the motion. Councilman Rockoff stated this item has been going on for months and probably not the first time the Finance Director has made a determination as to what it takes to service the debt. Unless someone feels the Finance Director has made a mathematical error he felt the Council should go on with it and set the fees. Councilman Childs stated he would not be doing justice to the people who have voiced their concerns if he did not bring it before the Council. He cannot support the motion and assured the Council he would get all the additional information that he can from the Finance Director. City Manager Caravalho stated when the fee was $100.00 the Council was not looking at the Treatment Plant expansion. The Treatment Plant expansion cost $10,000.000, 53% for upgrade and 43% for expansion. The fee going from $100.00 and proposed, originally, for $850.00, was to pay for the expansion costs. Based on a faw~rable bid and interest rate that cost has been reduced. The fee implemented in July, 1984, will be retained at the same level and not increased to $850.00, as indicated in the adopted ordinance. Councilman Moore's motion to accept the report from Finance Director Klimko regarding Sewer Connection Fees. was accepted with Councilman Childs voting in the negative. 302 Bakersfield, California, January 9~ 1985 - Page 14 Councilman Attorney that if he did not vote be supporting an $850.00 fee and would like to change his vote. Childs stated he was informed by the City in favor of the motion he would that is not his intention and he Upon a motion by Councilman Childs the Council will reconsider the previous motion. Councilman Moore's motion to accept the report from Finance Director Klimko regarding Sewer Connection Fees, was unanimously accepted. Adoption of Emergency Ordinance No. 2957 New Series of the Council of the City of Bakersfield modifying Sewer Connection Charges for Fiscal Year 19S4-85. Upon a motion by Councilman Moore, Emergency Ordinance No. 2957 New Series of the Council of the City of Bakersfield modifying Sewer Connection Charges for Fiscal Year 1984-85, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Rockoff, Barton, Christensen Noes: Councilman Childs Absent: Councilman Ratty Councilman Childs stated he w~ted ~n the negative on the motion because he believes the fee is exorbitant and the constituents in Ward No. 1 are different than Councilman Moore's Ward. Although reducing the fee by $200.00 is a blessing, he felt a $400.00 reduction would be more of a blessing. Councilman Childs stated he has always supported Mayor Payne in his endeavors and will continue to support him as Mayor, because his concerns are the same as former Mayor Shell. Council- man Childs stated he wanted to make sure of the Council's obliga- tions on the Eagle Award that comes from the Mayor's Office, that is or could be associated with the City of Bakersfield. City Attorney Oberholzer stated the Mayor indicated he is instituting that award as the Mayor of the City of Bakersfield Bakersfield, California, January 9, 1985 - Page 15 and he does not know how it could carry any legal liability. It is just congratulating someone on something they have done. Councilman Dickerson stated on December 12, 1984, a matter of lethal and toxic chemcials was referred to the Inter- governmental Relations Committee for investigation and report back to the Council as soon as and a report has not been of that report is. possible. It has been nearly a month forthcoming and he asked what the status City Manager Caravalho stated the Intergovernmental Relations Committee discussed that matter at one of its' meetings and it is still under del~beration. A meeting is scheduled with the senior staff of the County tomorrow to try to come up with something applicable to both the City and Connty. There is nothing to report at this time. Councilman Dickerson stated he had a question on the December 12, 1984, minutes that he did not bring up at the time of approval. The Council voted, at the last meeting, to bring from the table a motion made at the meeting of December 12, 1984, and th.9 minutes of that meeting do not reflect that. Councilman Dickerson made a motion to correct the minutes to reflect that the motion was tabled instead of dropped. City Attorney Oberholzer stated if the minutes have been approved they are the official records oF the City. If the Council wants to make an addendum that can be done by a motion, but the Council cannot go back and change previously approved records of a Council Meeting. Councilman Dickerson stated Councilman Ratty included the word table and this is not in Councilman Dickerson to the minutes of December the minutes. made a motion 198,:t, Page 7, Councilman Ratty offered the word "table" in City Clerk Anderson stated that on meeting Councilman Ratty said to drop the issue and when repeated the motion she used the word table. to make an addendum to include that his motion. the tape of the the Mayor 304 Bakersfield, California, January 9, 1985 - Page 16 Councilman Rockoff stated, based on what the City Clerk has said, he cannot support the metion because he thinks the motion did not include table. Councilman Moore stated he also has a problem with the motion because the Council would be making changes to the authors' comments and he is not present tonight to defend himself. If Councilman Ratty wants to bring the matter up that is fine, but he does not feel it is the Council's position to do that. Councilman Dickerson asked why the minutes are not a more verbatim rendering of what occurs at the Council Meeting. City Manager Caravalho stated it is not required by law. If the minutes are more verbatim there is more expense involved. Currently the minutes are sometimes 20-25 pages and it takes a lot of time and effort to compile them. It would be his recom- mendation that the Council go to abbreviated minutes. Councilman Dickerson withdrew his motion. CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 3286 to 3607, inclusive, in the amount of $l,747,300.06. Claim for Damages and Personal Injuries from Automobile Club of Southern California, on behalf of Diane Calderwood, 2301 "F" Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Joye W. Bruen, 3600 Eton Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Julee Derry, 5261 Stine Road, No. 158, Bakersfie]d. (Refer to City Attorney) Claim for Damages from Paul Gerald Ritch- cock, ]16 Beech Street, Bakersfield. (Refer to City Attorney) Claim for Damages from George Mendivi], c/o Dispatcher, 5494 East Lamont Street, P. O. Box 2745, Fresno, California. (Refer to City Attorney) Claim for Damages from Frank Savage, c/o Dispatcher, 5494 East Lamont Street, P.O. Box 2745, Fresno, California. (Refer to City Attorney) Bakersfield, California, January 9, 1985 Page 17 .q05 Claim for Damages and Personal Injuries from Diane E. Calderwood, 3501 Bernard Street, Apt. 35C, Bakersfield. (Refer to City Attorney) Claim for Damages from Arthur Patrick, 1510 Texas Street, Bakersfield. 'Refer to City Attorney) Claim for Damages and Personal Injuries from Dixie Leroyee ttaley, 7301 Briar Ridge Court, Bakersfield. (Refer to City Attorney) Access Easement from Tenneco Realty Develop- ment Corporation providing for ingress and egress to Ming Avenne, as required for Parcel )~ap No. 7059, located at northwest corner of Ming Avenue and Gosford Road. Street Right-of-Way Deed from Don E. Keith and Johnnie R. Keith providing additional public street right-of-way as required for street construction on west side of Arrow Street, from Sillect Avenue to approximately 500 feet north. Street Right-of-Way Deed from Douglas A. Alexander providing additional right-of-way for public road purposes, as required for Site Plan Review No. 465-C, located on east side of Wible Road approximately 400 feet north of White Lane. Grant Deed from Tenneco Realty Development Corporation providing additional grant of land at southwest corner of White Lane and Gosford Road for masonry wall and land- scaping, as required for the Maintenance District, located west of Gosford Road. Street Easement and Improvement Agreement between the Southern PacJfic Transportation Company and the City of Bakersfield for widening the railroad crossing on Wible Road near Pacheco Road. Map of Tract No. 4645 and Improvement Agreement with Hilltop Developers, Inc., for cons2ruction of improvements therein, located north of Panama Lane and easterly of South "B" Street. Notices of Completion and Acceptance of Work on: Calcutta Drive Storm Brain, Contract No. 84-209 with Granite Construction Company. Union Avenue Cu]vert Extension at Eastside Canal and Reinforced Concrete Box Culvert on Sacramento Street at Eastside Canal, Contract No. 84-220 with SJC Engineering Contracting, Inc. Extension of Reinforced Concrete Culvert at Planz Road and Kern Island Canal. Contract No. 84-236 with Conejo Constructors. (CONTINUED ON NEXT PAGE) 306 Bakersfield, California, January 9, 1985 - Page q. CONTINUED Pacheco Pipe Widening at Branch i of the Kern Island Canal, Contract No. 84-229 with Union Engineering Company, Inc. Construction of Irrigation System for Amberton, Corvallis and Westwold Parks, Contract No. 84-104 with Treasure Cove Ltd. Construction of Security Lighting for Amberton, Corvallis and Westwold Parks, Contract No. 84-107 with Brad Bradford Electric. Tract No. 4254, Contract No. 84-62 with Coleman T. and Rebecca G. Proctor, located at Pacheco Road and Stancliff Street. Tract No. 4650, Contract No. 84-58 with Tenneco Realty Development Corporation, located at High Oak Drive and Scarlet Oak Boulevard. Tract No. 4639, Contract No. 84-56 with Tenneco Realty Development Corporation, located at Ming Avenue and Haggin Oaks Drive. Tract No. 4600, Contract No. 84-63 with Tenneco Realty Development Corporation, located at District Boulevard and Chaney Lane. Application for Encroachment Permit from Manuel Gutierrez, 430 East California Avenue, for construction of a roof over- hang encroaching approximately 2 feet into the street right-of-way on California Avenue at 430 California Avenue. Plans and Specifications for Median Modifi- cations at: California Avenue and Chester Lane; California Avenue and Mohawk Street; Ming Avenue and Stine Road; Ming Avenue and Westholme Boulevard; and Stockdale Highway near Cherry Hills Drive. Plans and Specifications for street improve- ments on Stine Road and Wible Road at the Southern Pacific Railroad. Agreement with Koenig and Wood Development Company to close median opening on Stine Road, as required by the Planning Commission with Parcel Map No. 7396, located at south- east corner of White Lane and Stine Road. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t and u of the Consent Bakersfield, California, January 9, 1985 - Page 19 Calendar, were adopted by the foilewing roll call vote: Ayes: Councilmen D~ckerson, ~4oore, Rockoff, Barton, Childs Noes None Absent: Councilmen Ratty, Christensen Upon a motion by Councilman Childs, New Business item regarding request from Ad-Art, Inc., to erect a sign, 75 feet in height, for Union Oil Company at 2518 White Lane, was moved forward on the Agenda to be heard at this time. NEW BUSINESS Referral of request f~om Ad-Art, Inc., to erect a sign, 75 feet in height, for Union Oil Company at 2518 White Lane. Signs exceeding 50 feet in height re¢luire approval of the City Council. The proposed sign will replace an existing sign that is 61'2" in height. The total area of the proposed signage is 370 square feet. The area of the existing signage is 144 square feet. The area permitted by ordinance is 240 square feet. There are several existing signs in the area that exceed 50 feet in height and 240 square feet in area. Upon a motion by Councilman Moore, request from Ad-Art, Inc., to erect a sign, 75 feet in height, for Union Oil Company at 2518 White Lane, was referred to th~ Planning Commission f~r their review and recommendation, due to the fact that the new Draft Sign Ordinance is under review in preparation for Council approval. ACTION ON BIDS Upon a motion by Councilman Moore, low bid of S. A. Camp Pump Company, in the amount of $13,033.95, for [urnishing and in- stalling a Deep Well Turbine Pump and Motor for Ashe Water Pump Plant No. 15, was accepted and all other bids rejected. Upon a motion by Councilm~n Childs, low bid of Maurice J. Sopp & Son Chevrolet, in the amonnt of $112,037.65, for ten Police Sedans, was accepted and the other bid rejected. 305 Bakersfield, California, January 9, 1985 - Page 20 Upon a motion by Councilman Rockoff, low bid of Bakers- field Tractor, in the amount of $7,579.00, for Tandem Axle Equip- ment Trailer, was accepted and the other bid rejected. Upon a motion by Councilman Dickerson, low bid of Overhead Door of Bakersfield, in the amount of $8,405.08, for Electric Door Operators for the Fire Department~ was accepted the 12, standby generating system for Ashe Water Well No. 15, was rescinded and the Finance Department was authorized to readvertise for bids. Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Operations Manager was authorized to negotiate a price with California Water Service Company to connect their emergency power generator to the City's Panorama Radio Site, not to exceed the budgeted amount of $6,925.00. DEFERRED BUSINESS Adoption of Ordinance No. 2958 New Series of the Council of the City of Bakersfield amending Section 3.16.050 of the Bakersfield Municipal Code regarding the Use of Unclaimed Bicycles or Toys in the possession of the Chief of Police. Upon a motion by Councilman Christensen, Ordinance No. 2958 New Series of the Council of the City of Bakersfield amending Section 3.]6.050 of the Bakersfield Municipal Code regarding the Use of Unclaimed Bicycles or Toys in the possession of the Chief of Police, was adopted by the following roll call vote: Ayes Noes Absent: and other bid rejected. Upon a motion by Councilman Moore, action of December 1984, awarding bid to Waukesha Engine Servicenter for furnishing Rockoff, Barton, Childs, Councilmen Dickerson, Moore, Christensen None Councilman Ratty Bakersfield, California. January 9, 1985 - Page 21 : :09 Deferral of action on an Agreement between the City of Bakersfield and Gulf Oil Corporation providing for relocation of Gulf Oil facilities [or construction of the Kern River Bike Trail between Cal-State Bakers- field and Beach Park. The City has budgeted a project to construct the Kern River Bike Trail between Cal-State Bakersfield and Beach Park. A portion of the Bike Trail crosses over a Gull Oil Lease having various facilities, which will interfere with the construction. This agreement provides for Gulf to relocate their facilities and for the City to reimburse Gulf for the actual cost of work, not to exceed $44,000.00. Action on this agreement was de[erred from the Council Meeting of November 28, 1984, to give the City Hanager the opportunity to pursue the possibility of negotiating this fee. Upon a motion by Councilman Moore, action on an Agreement between the City of BakersField and Gulf Oil Corporation providing for relocation of GuJf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakersfield and Beach Park, was deferred until the Council Meeting of January 30, 1985. Mayor Payne declared a brief recess at 8:55 P.H. and reconvened the meeting at 9:05 P.M. HEARINGS This is the time set for continued public hearing before the Council for the purpose of hearing any persons desiring to testify on the matter of the proposed adoption by the City Council of the Kern River Plan Element and proposed Negative Declaration to the Bakersfield Metropolitan Area General Plan. This hearing was duly notified as required by law. The public portion of Council Meeting of December 19, referred to staff adw~rtised and the property owners this hearing was closed at the 1984, and the public testimony was for review and comment. 310 Bakersfield, California, January 9, 1985 - Page 22 Staff is recommending that the hearing be continued until the Council Meeting of March 13, ]985. to allow time to review and respond to the public testimony. Upon a motion by Councilman Moore, action on continued public hearing regarding the matter of the proposed adoption by the Council of the Kern River Plan Element and proposed Negative Declaration to the Bakersfield Metropolitan Area General Plan, was deferred until the Council Meeting of March i[3. 1985, to allow staff time to review and respond to the public testimony given at the hearing held December 19, 1984, by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Rockoff, Barton, Childs Noes: None Absent: Councilmen Ratty, Christensen This is the time set for continued public hearing before the Council on an Appeal by Patty and Art Knight concerning issues of site relocation of the two-story unit, wall/building height restrictions, and use/conveyance of 5 foot-wide strip between building and property line, in the decision of the Planning Com- mission granting an application by Public Storage, Inc., to amend the zoning boundaries from an R-] (One Family Dwelling) Zone, on that certain property commonly known as 3700 Wilson Road. This hearing was duly advertised and the property owners notified as required by law. This hearing was continued from the Council Meeting of December 12, 1984, in order to allow the parties involved time to try to work out the drainage problems with the Public Works Manager. The public portion of this hearing was closed at the meeting of December ]2, 1984. ]layor Payne stated Mr. Art Knight telephoned him and requested that this hearing be rescheduled. Mr. Art Knight, resident living west of the property in question, stated he did request that this hearing be rescheduled, but after discussing it with other property owners and some other Bakersfield, California, January 9, 1985 - Page 23 311 things that came to light he would like to go ahead with the hearing tonight. City Attorney Oberholzer stated there is a problem continuing the hearing because it has been closed. In order to have another hearing it will haw~ to be reopened and readvertised. It was returned to the Council for their deliberation. In order to reopen the public portion of the hearing the Council will have to insure that all parties were notified. Councilman Dickerson made a motion that rather than open the hearing the Council continue with the the Council Meeting of December ]2, 1984. Councilman Rockof[ stated, even action that was deferred from though this will be Council deliberation, he wanted to make sure the other party was not informed that this would be continued, because they may not be present tonight. Mr. Wayne Cress, Commercial Real Estate Broker, stated he represents Public Storage, Inc., in the escrow on the property in question and they could not be present tonight. In response to a question by Councilman Dickerson, Public Works Manager Hawley stated he contacted Robert Hicks, Public Stora:~e, Inc., the individual who signed the original application, and he suggested three alternatives to Mr. Bicks that should be evaluated that could resolve the problem regarding the amount of fill material that would be required for the proj~ct. Mr. Hicks' comment was tha~ the prospect of continuing this project was very slim and he had no intention of pursuing the alternatives recommended to him by the Public Works Manager. This was discussed the day after the previous hearing and today he had a conversation with a representative of Public Storage, Inc., and they indicated they did not plan on attending tonight's meeting and at ibis point they are looking at a different type of development. In answer to a question by Councilman Dickerson, City Attorney Oberho~zer stated there is no problem with the notice Bakersfield, California, January 9, 1985 - Page 24 because the public portion of the hearing was closed. If the Council opens it again to public discussion and allows the applicant to start making comments, the original applicant may have grounds for contesting it, because he was not notified the Council was going to reopen the public portion of the hearing. He is not sure the appeal by Knights is sufficient for the Council to simply grant the appeal. Councilman Dickerson asked if this matter could be continued to another Council Meeting and subsequent to that have staff send a letter to the parties involved to find out or obtain some kind of commitment as to where they are on this project. City Attorney Oberholzer recommended that the hearing be continued until the next Council Meeting and the applicant will be informed. The appellant is present tonight. Councilman Dickerson, for the record, is unfortunate these residents have sat through stated he felt it this meeting for several hours to deal with this issue and the Council does not know where this entity is with this project. It was communicated by the Council that they were to deal with these folks and come up with some type of solution to the project. I{e hopes there is not an additional continuation, if that is the Council's decision tonight. It is his feeling that he does not know what their problems were in communicating to the City staff or these individuals. The Broker representing them might indicate that to them. tie is dis- appointed they have not availed themselves of the communication process here. Councilman Childs made a motion that the appeal by Pat and Art Knight concerning issues of site relocation of the two-story unit, wall/building height restrictions, and use/conveyance of 5 foot-wide strip between building and property line, in the decision of the Planning Commission granting an application by Public Storage, Inc., to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 3700 Wilson Road, be continued until the Council Meeting of January 30, 1985. Bakersfield, California, January 9, 1985 - Page 25 Councilman Dickerson reqnested that the motion be amendec[ and that this issue be made one of the first orders of business for' that meeting. Councilman Childs amended his motion to include Council- man Dickerson's request. Councilman Rockoff requested that the motion be amended to include that an attempt be made to obtain a communication from the developer and if he indicates he no longer wants to proceed with the project everything will terminate. City Attorney Oberholzer stated that he would see that that is done. City Attorney Oberholzer also stated, regarding changing the hearing portion of the Council Meeting, that the Agenda se¢luence is set by ordinance and the Council is allowed to make deviations. However, that normally occurs during the meeting. IF deviations are going to be made in advance he would recommend that the ordinance be changed. There may be a violation of the ordinance if it is done in advance. Councilman Dickerson withdrew his requested amendment to the motion. Councilman Childs' motion that the appeal by Pat and Art Knight concerning issues of site relocation oF the two-story unit, wall/building height restrictions, and use/conveyance of $ foot- wide strip between building and property line, in the decision of the Planning Commission ~rant]ng an applicat]on by Public Storage, Inc., to amend the zoning boundaries From an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 3700 Wilson Road, be continued unt]l the Council ~4eeting of January 30, 1985, Ayes: Noes: Absent: carried by the following roll call vote: Councilmen Dickerson, Hoore, RockoFf, Christensen None Councilman Ratty Barton, Childs, 314 Bakersfield, California, January 9, 1985 - Page 26 NEW BUSINESS Adoption of Resolution No. 1-85 of the Council of the City of Bakers- field setting Fee for Application for Terminal Access for Interstate Trucks. This resolution sets the application fee at $300.00, for terminal access for Interstate Trucks. Public Works has determined that such amount is sufficient to cover the City's costs. Upon a motion by Councilman Christensen, Resolution No. 1-85 of the Council of the City of Bakersfield setting Fee for Applications for Terminal Access for Inferstate Trucks, was adopted by the following roll call w~te: Ayes: Councilmen Dickerson, Moore, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilman Ratty Adoption of Resolution No. 2-85 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 291, LAFCO Pro- ceeding No. 856 (Rosedale No. 2). This resolution sets forth the agreed Property Tax distribution between the City and County on Annexation No. 291, LAFCO Proceeding No. $56 (Rosedale No. 2). This resolution must be adopted at the Council Meeting of January 9, I985, in order to meet the deadline established by LAFCO. The Board of Supervisors will have a similar resolution presented to them for their adoption th~s month. Upon a motion by Councilman Moore, Resolution No. 2-85 of the Council of the City of Bakersfield providing for the adjust- ments of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 291, LAFCO Proceeding No. 856 (Rosedale No. 2), was adopted by the foliowing roll Ayes Noes Absent: Councilmen Moore, Rockoff, Barton, None Councilmen Dickerson, Ratty Childs, call vote: Christensen Bakersfield, California, January 9, 19S5 - Page 27 Adoption of Resolution No. 3-85 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 292, LAFCO Proceeding No. 860 (Garnsey). This resolution sets forth the agreed Property Tax distribution between the City and County on Annexation No. 292, LAFCO Proceeding No. 860 (Garnsey). This resolution must be adopted at the Council Heeting of January 9, 1985, in erder to meet the deadline established by LAFCO. The Board of Supervisors will have a similar resolution presented to them for their adoption this month. Upon a motion by Councilman Childs, Resolution No. 3-85 of the Council of the City of Bakersfield providing for the adjust- ment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 292, LAFCO Proceeding No. 860 (Garnsey), was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Hoore, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilman Ratty Adoption of Resolution No. 4-85 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexntion No. 293, LAFCO Proceeding No. 861 (Chester Avenue No. i). This resolution sets forth the agreed Property Tax distribution between the City and County on Annexation No. 293, LAFCO Proceeding No. 861 (Chester Avenue No. 1). This resolution must be adopted at the Council Meeting of January 9, 19S5, in order to meet the deadline established by LAFCO. presented The Board of Supervisors will have a similar resolution to them for their adoption this month. Upon a motion by Councilman Childs, Resolution No. 4-85 of the Council of the City of Bakersfield providing for the adjust- ment of Property Tax Revenues upon I,ocal Agency jurisdictional 316 Bakersfield, California, January 9, 1985 - Page 28 change resulting from Annexation No. 293, LAFCO Proceeding No. (Chester Avenue No. 1), was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Rockoff, Barton, Childs, Christensen Noes: None Absent: Councilman Ratty Adoption of Resolution No. 5-85 of the Council of the City of Bakers- field providing for the adjustment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 294, LAFCO Proceeding No. 862 (Panama No. 4). This resolution sets forth the agreed Property Tax distribution between the City and County on Annexation No. 294, LAFCO Proceeding No. 862 (Panama No. 4). This resolution must be adopted at the Council Meeting of' January 9, 1985, in order to meet the deadline established by LAFCO. The Board of Supervisors will have a similar resolution presented to them for their adoption this month. Upon a motion by Councilman Moore, Reso]ution No. 5-85 of the Council of the City of Bakersfield providing for the adjust- ment of Property Tax Revenues upon Local Agency jurisdictional change resulting from Annexation No. 294, LAFCO Proceeding No. 862 (Panama No. 4), was adopted by the following roll call vote: Councilmen Dickerson, Moore, Rockoff, Barton, Childs, Christensen None Councilman Ratty ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was 9:30 P. M. Ayes: Noes: Absent: Council, adjourned at MAYOR of the City of B~kersfield, ATTEST: Cf~/~K and Ex Officio Clerk of the of the City of Bakersfield, California ma Calif. Bakers[ield, California, January 21, 1985 317 Minutes of a special meeling of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:00 P.M., January 21, 19S5. The meeting was called to order b,, H~',o:' ~a~7~.e, follo~ed by the Pledge of Allegiance and Invocation by Councilman Rollie Moore. The City Clerk called the roll as follows: Mayor Payne. Councilmen Absent: None Moore, Ratty (seated at 5:05 P.[~[.), Rockoff, Barton, Childs, Christensen, Dickerson (seated at 5:05 P.){.) WORKSROP SESSION PRELI~INARY BUDGET City Hanager Caravalho state? ~'?t :e ~ou]~, 1"!~, ~t~u~ from the Council on Transportation, Capital improvement~ a~ Levels of Service. Transportation deals with the tremendous growth in and around Bakersfield and the need for improvements to arterial high- ways into the downtown area, including the "It" Street Undercrossing. Highway 178 connection to Freeway 99, right-of-way for the west side freeway and other major projects. There may be other areas of transportation that the Counc]] wants the staff to look at during the preparation of the budget. Transportation Councilman Rockoff expressed concern about Freeway 178, both the connection from "H" Street to Highway 99 and on and off ramps at Fairfax Road. Righway 178 and Fairfax Road will be heavily traveled. This intersection nee~illumination, because it is completely dark. Councilman Hoore concurred with Councilman Rockoff's concerns. Councilman Christensen coming off ttighway 17S at Oswel] exl)ressed his concern with traffic St~'eet, especially between 5:00 P.H. and 6:15 P.M. The traffic Js backed up on tfighway 178 to the new shopping center. fie requested that this problem be corrected. 318 Bakersfield, California, January 21, 1985 - Page 2 Capital Improvements Councilman Childs expressed his concern with the lighting situation in the area south of Virginia Avenue between Lakeview Avenue and South King Street, and requested additional street lights. Public Works Manager Hawley stated it is anticipated this; situation will be corrected in the next few months. Councilman Childs stated he would like the lighting situation in the Lakeview Corridor area reviewed, because he feels they are antiquated. Councilman Childs asked, if property is not cleaned in a certain length of time, if the City can do it and charge it to the taxes on the property. Public Works fianager Hawley stated the policy, in the past, has been to send a notice to the property owner giving them sufficient time to clean the areat. If' that is not done, then it is pursued through the Attorney's Office. Councilman Childs stated there are a number of streets, especially on East 18th Street between )liller and ttaley Streets, in the First Ward, that have dangerous dips. He requested that the area be reviewed and the streets improved. Councilman Childs requested that a gymnasium be added to the ~4artin Luther King, Jr., Community Center, with a boxing arena, weight lifting equipment, etc. Councilman Barton stated he receives numerous complaints regarding the roughness of various railroad crossings in the City. There are devices that other communities have used to smooth their railroad crossings. City f~anager Caravalho asked iF the Council would be interested in exploring the use of that device at some selected locations and the City pick up the additional cost for the upgrade. Councilman Barton stated he would be interested, the selected locations may justify a subsidy by the State. Bakersfield, California, January 21, 1985 - Page 3 ?;19 Councilman Barton stated the item regarding streets that have bottlenecks needs to be completed and the problem eliminated. Councilman Rockoff stated he believes there is something in the current budget for the Garces Circle realignment. If it does not take place during this Fiscal Year, he would request that funds be included in next year's budget for that project. Levels of Services City Manager Caravalho asked the Council to indicate whether they are satisfied with the levels o:f services. Councilman Childs stated the Housing Authority maintains two housing projects in the First Ward, and he is concerned with the level of street sweeping and garbage pickup. City ~{anager Caravalho stated he has looked into this matter and it is a problem. It is something that can be discussed at the staff level and see what alternatives there are. Councilman Childs asked, if the area can be patrolled on trash pickup days for a period of time to see if it is maintained and kept clean. City Hanager Caravalho stated he would try to get the sanitation people to see if they can come up with something. Public Works Manager Hawley stated the City has received a large number of refuse containers, The main problem was additional lids. ago, and as of last week they had not however, they are still short. They were due about two week;~ been received. Councilman Dickerson requ~,sted that the intersection of Akers and Planz Roads be reviewed [or a traffic signal. The most recent traffic count was in December or January and the previous one in July. During that period of time the traffic almost tripled. The area is continuing to grow and he felt it would be wise to place this item in the Capital Improvement Budget. This is a hazardous intersection, because of two walled subdivisions on the south side, that limits the view at the intersection. 320 Bakersfield, California, January 21, 1985 - Page 4 Public Works ~anager Hawley stated there has been an increase in traffic in the area with the way the southwest area is growing and he would anticipate the growth continuing. The most recent review of that intersection indicated that it did not meet the traffic warrants. If Councilman Dickerson is saying, it is just a matter of time until the area meets the warrants and he is recommending that the item be budgeted now, he has no problem with that. Councilman Dickerson stated he has had several complaints regarding the "T" intersection at Wilson and Stine Roads. Public Works ~{anager Hawley recommended that money be budgeted to upgrade that intersection. A signal could be installed or modifications could be made to the medians, but the City will have to work with the property owners of the commercial develop- ment on the south side of the intersection to come up with the best solution. Councilman Christensen, referring to the Facade Improve- ment Program, requested that the City's budget include funds for East Bakersfield. Councilman Barton stated he hopes the City can maintain the level of service that has been maintained in the past. The City is growing rapidly and we are not keeping in proportion to the growth experienced in the last year to 24 months. tie does not want to see the level of service deteriorate and that will depend on the money available. If the City ~ets into a priority position he would, at least, like to see the Fire, Police and Sanitation maintain their level of service. Councilman Ratty stated the level of service depends on funds available. Either the money is used present level of service or, if the City is less services will be provided. There will set, such as, how the is 60% of the budget. for maintaining the short of funds, then have to be priorities Council will want to handle labor, since it He felt the Council and staff should plan Bakersfield, California, January 21, 1985 - Page 5 ahead, 5 to lO years, to figure oul where the City wants to go with labor and services. This yearly crisis should stop. Councilman Dickerson staled the City has a lot of un- improved and trashy areas, such as, sidewalks that come to an abrupt end for some length and then continue on. He does not feel the City puts a great deal of emphasis on being clean. He requested that the staff explore seme approach to the problem. Councilman Dickerson requested that some themes or activities be explored to bring the City together as a community. He felt the City should be beautified through improvements or cleanup and have a theme or purpose. City )~anager Carava]ho stated staff will try to address the problems identified. Beale Library, long-range planning, organizational development, annexations, risk management, crime prevention, code enforcement, economic development, transportation, capital improvements and levels of service have been discussed in these Workshop Sessions, and these are all very important issues that relate to dollars, personnel and programs. Staff will be spending a lot of time on the budget. It will be in a different format and will contain more narrative information describing what will be done, what the staff hopes to a~compl~sh and how the performance will be measured. The budget will be submitted to the Council early in )~ay for review and adoption prior to the beginning of the Fiscal Year or July l, 1985. Councilman Rockoff stated he hopes staff will conform the new format of the budget with the prior year's budget and results, so comparisons can be made. NEW BUSINESS Adoption of Resolution No. 6-85 of the Council of the Cfty of Bakers- field approving the Memorandum of Understanding setting salaries and related benefits for Officers and Employees of the Blu~~ and White Collar Units of the City of Bakers- field. 322 Bakersfield, California, January 21, 1985 - Page 6 An agreement has been reached with the Service Employees International Union (SEIU) and ratified by the members of this City's Blue and White Col. lar Units. The agreement is within the parameters established by the Council. Councilman Christensen made a motion to adopt the resolution approving the Memorandum of Understanding setting salaries and related benefits for Officers and Employees of the Blue and White Collar Units of the City of Bakersfield. Councilman Rockof[ asked if the date of Ju]y l, 1984, on page 5, Article XIII - PERS PICK-UP, of the agreement is correct. City Attorney Oberholzer stated he believes that is an error, it should be July 1, 1983. In answer to a question by CounciIman Hoore, Mr. Bill Avery stated the language in Section 5, page 5, o[ the agreement is identical to previous contracts and there was no discussion on this issue during negotiations. Upon a motion by Counc]lman Christensen, Resolution No. 6-85 of the Council of the City of Bakersfield approving the Memorandum of Understanding setting salaries and related benefits for Officers and Employees of the Blue and White Collar Units of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Moore, Batty, Rockoff, Christensen, Dickerson Noes: None Absent: None Upon to a Labor Negotiations. 8:12 P.H. Barton, Childs, CLOSED SESSION a motion by Councilman Barton, the Council recessed Closed Session at 6:05 P.M., for the purpose of discussing The special meeting was reconvened at Bakersfield, California, January 21, 1985 - Page 7 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Hoore, the meeting was adjourned at 8:15 P.~[. )~AYOR of the City of Bakersfield, Calif. ATTEST: CITY CLEPj( and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, January 30, 1985 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City ttall at 7:00 P.~4., January 30, 1985. The meeting was called to order by Vice-)~ayor Barton, followed by the Pledge of Allegiance and Invocation by Elder Bernard Wallace of the Church of God in Christ. The City Clerk called the roll as follows: Present: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Absent: Hayer Payne ~inutes of the regular meetings of December 19, 1984, and January 9, 1985, and recessed meeting of January 4, 1985, were approved as presented. SCHEDULED PUBLIC STATEMENTS Cynthia Greene, Council Product Sales Chairman of the Girl Scouts, thanked the Council and community for their support and introduced the Girl Scouts and Brownies, who presented sample boxes of cookies to the Council and l~ayor. Mr. Norman Walters, 3301 Dwight Street, requested that the future of the Redevelopment Agency be placed on the November, 1985, ballot, in simple wording so all people understand it. tie also encouraged the Council to let the people know that the pre- viously proposed Truxtun Galleria Project has ended and any new deliberations will be considered as a new or amended project that will come under new laws or responsibilities, and that his concerns with the use oF Eminent Domain apply to all projects, including the hotel. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Community Construction, Inc., 53] California Avenue, dated January 11, 1985, requesting annexation of property located at the south- west corner of Stine Road and Belle Terrace, was received and referred to the Planning Commission for study and recommendation. Bakersfield, California, January 30, 1985 - Page 2 Upon John M. Brock, expressing his a motion by Councilman Ratty, communication from Brock's Department Stores, dated January 15, 1985, support of MoreIand's Galleria Project, was receivec and ordered placed on file. Upon a motion by Councilman Moore, communication from Mercy Hospital, 22]5 Truxtun Avenue, dated January 14, 1985, requesting vacation of 16th Street between "A" and "D" Streets. was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Childs, conm~unication from State Department of Commerce, dated January 17, 1985, submitting a copy of the Preliminary Application ttandbooks for the Enterprise Zone Act (AB 40), and Employment and Economic Incentive Act (AB 514), was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from Building Industry Association of Kern County. 5405 Stockdale High- way, Suite 112A, dated January 1S, [985, offering to assist the Council in deveIoping a process to fill vacancies on the Planning Commission, was received and ordered placed on file. Upon a motion by Councilman Dickerson, communication from American Savings and Loan Asso~iation, ]919 Grand Canal Boulevard, Stockton, California, dated January 22, 19S5, requestin~ a General Plan Amendment for Industrial and Multiple Family Residential use of 95 acres of land bounded by Wible Road, Pacheco Road, Freeway 99 and Harris Road (extended), was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Moore, communication from Bakersfield Board of Realtors, dated January 28, ]985, submitting their resignation from the City-County Fair Housing Task Force, was received and referred to the Intergovernmental Relations Committee. COUNCIL STATEMENTS Councilman Childs informed the Council that Maxine Waters would send someone from her staff t~ attend the next City Enterprise 326 Bakersfield. California, January 30, 1985 - Page 3 Zone Committee }leering regarding the preapp]ication iorms for the Enterprise Zone Legislation that has been received from the State Department of Commerce. Councilman Childs made a motion that, due to numerous problems recently experienced regarding Pacific Gas and Electric Company's power outages, the Special Council Committee appointed at the meeting of January 9, 1985, be abolished and, because the problems are City-wide, that the problem be discussed on the Council floor. Councilman Ratty felt it is a public issue and the entire City is affected by the service. He requested that Pacific Gas and Electric Company present a report to the Council on a monthly basis. Councilman Childs' motion that, due to numerous problems recently experienced regarding Pacific Gas and Electric Company's power outages, the Special Council Committee appointed at the meeting of January 9, 1985, be abolished, and, because the problems are City-wide, that the problem be discussed on the Council floor, was unanimously approved. Councilman Dickerson made a motion that: (a) staff develop a reporting system with Pacific Gas and Electric Company, on a monthly basis, so the Council will have an update and begin to keep a record on why the outages are occurring, what areas are affected. what the duration of the outage is and what date it occurred; and (b) the Council explore, through the Legislative Committee and Public Utilities Commission, what rights and privileges the City has relative to utility activities within the City of Bakersfield area. Councilman Ratty felt the City Attorney could supply the rights of the Council regarding utilities without going through the Public Utilities Commission. City Attorney Oberholzer indicated he would supply the in[ormation. Bakersfield, California, January 30, 1985 - Page 4 ?:;27 Councilman Dickerson stated there are issues dealing with the Public Utilities Commission and he felt the Council should fincl out if they have a methodology of resolving some of the problems and if this is not done it would be avoiding the question. During discussion, Councilman Moore reminded the Council that Mr. Mike Moore, Local Director of Pacific Gas and Electric Company, came before the Council to explore the concerns. At that time, Mr. Moore was provided with signatures of 140 citizens in the Kern City and surrounding area and Pacific Gas and Electric Company was requested to communicate with each person to advise them exactly where they were, in an attempt to correct deficiencies in the system. That was done. llr. Moore was also requested to come before the Council, on a regular basis, and advise the Council of what steps they were taking and when the deficiencies would be completely corrected. Mr. lloore has indicated he would provide that information, and that is consistent with the original motion; that the full Council have an opportunity to hear what Pacific Gas and Electric Company is doing and make comments to Mr. ~oore at that time. Councilman }loore felt this is the most sound method to keep the citizens advised and allow them to participate. Councilman Childs requested that Councilman Dickerson separate the question into two moti~ns. Councilman Dickerson stated he had no objection to separating the two questions into two motions. Councilman Dickerson withdrew his original motion and made a motion that staff be directed to develop and give monthly reports from Pacific Gas and Electric Company dealing with time of outages, where they occur, what specific circuits are involved, date of occurrence and why they occurred. This motion was approved with Councilman Ratty voting in the negative. Councilman Dickerson made a motion to defer to the Legislative Committee the issue of discussing how to best provide utility service to the City of Bakersfield, discuss the matter with 328 Bakersfield, California, January 30, 1985 - Page 5 Ayes: Noes: Absent: the Public Utilities Commission, if necessary, and appropriate reports be made to the Council on ihese issues. During discussion, Councilman Dickerson withdrew his motion and made a motion that the Council explore, through the Legislative Committee and Public Utilities Commission, what rights and privileges the City has relative to utility activities within the City of Bakersfield area. Councilman Childs offered a substitute motion that the Council refer to the Legislative Committee the concerns expressed by Councilman Dickerson, of ascertaining the Public Utilities Commission's role in regards to Pacific Gas and Electric Company. This motion failed to carry by the following roll call vote: Councilmen Childs, Dickerson Councilmen Ratty, Rockoff, Barton, Christensen, Moore None Vice-Mayor Barton and reconvened the meeting at declared a brief recess at 7:55 P.M. 8:20 P.)4. Upon a motion by Councilman Dickerson, staff was directed to write letters to the cities of Antioch and Merced to find out the utility problems they are experiencing. Councilman Christensen apologized to the citizens of Bakersfield for the malfunctioning of the Council in being able to draw up an intelligent agenda that adults should respond to and live by. He wished the Council would get organized to the point where they develop a schedule where adults could intelligently meet and carry out the business of the City. Councilman Christensen expressed his displeasure over the City Attorney's statement to a member of the news media regarding documents pertaining to a law suit filed against the Redevelopment Agency by C. Edward Di]kes on behalf of Anthony B. Falletti. Councilman Christensen expressed his and the citizens' concerns regarding the Redevelopment Agency, and requested a report Bakersfield, California, January 30, 1985 - Page 6 ;29 from the City Attorney, within two weeks, listing the options open to the Council to place a measure on the November, 1985, ballot to let the voters either decide or express their opinion on whether or not the Redevelopment Agency should be abolished. This motion was unanimously approved. Mr. Mike Kelly, Manager of one of Bakersfield's Albert- son's Grocery Stores, representing numerous residents of Southwest Bakersfield, stated they feel the intersection of Stine and Wilson Roads is critically dangerous and requested that be held with the Traffic Engineer, so there is a of the alternatives in order to alleviate future Public Works Manager Hawley stated staff is in the process of scheduling a meeting with the residents and business owners in the general area of Wilson and Stine Roads. Mr. Hawley requested that Mr. Kelly leave his name and phone number so he could be notified of the date of the meeting. Councilman Dickerson requested that he be informed of the meeting date so he could participate. Councilman Dickerson, referring to a vacant lot on ~9th Street at "B" or "C" Streets containing unsightly debris, rubbish, etc.[ stated he felt the downtown area should be enhanced and beautified. Councilman Dickerson requested that staff survey the vacant lots'in the downtown area for debris, trash and unsavory items and come back to the Council with a recommendation to improve the looks of these lots. Vice-Mayor Barton informed the Council that Item (k) on the Consent Calendar will be moved and considered as the last item under New Business. Upon a motion by Councilman Moore, Hearings were moved forward on the Agenda to be heard immediately following Council Statements. a community meeting clear understandlug repercussions. 330 Bakersfield, California, January 30, 1985 - Page 7 Councilman Moore requested that a copy of a letter from Kern Wheelmen, dated January 17, 1985, regarding repair of 16 railroad crossings in Downtown Bakersfield, be furnished to each Councilman and staff for response, if necessary. Upon a motion by Councilman Moore, communication from Society of Petroleum Engineers, San Joaquin Valley Section, dated January 15, 1985, regarding the civic center, was referred to the Auditorium and Community Services Committee for study and recom- mendation. Upon a motion by Councilman Moore, the Hayor and Council w~11 prepare a resolution declaring the week of April 15-20, ]985, as Earthquake Preparedness Week in the City of Bakersfield, in concert with the State of California's Proclamation by the Governor. The City's Semi-Annual Emergency Preparedness Drill is scheduled for April 16, 1925. Councilman Hoore commented on the City's Leaf Pickup Program during the fall season with no additional charge to the citizens of Bakersfield and commended Public Works Hanager Hawley for the fine program, especially during times of budget problems and constraints. Councilman Rockoff stated Councilman Christensen wrote a letter indicating that some member of the Council or Redevelop- ment Agency could have engated in some improprieties with the developer of the Truxtun Galleria Project, Mr. Moreland, without naming an individual or specific activity. At the present time, there is a cloud over at least five members of the Council, because no one knows who or why. Councilman Rockoff requested that Council-- man Christensen come forward and name the individual and the problem. Councilman Christensen stated that no names or information can be revealed, according to the City Attorney, when something is under investigation. When the time comes it will be set forth. Bakersfield, California, January 30, 1985 - Page 8 331 Councilman Rockoff stated he questions the propriety of making the investigation pubIic without the ability of the accused or supposed misdeeds made public. He would like to know what the motivation of that type of actiw[ty is. Councilman Christensen stated the motivation deals with the Galleria and incidents uncovered by the report of Santa Monica Attorney Dilkes, documents set forth and things reIating to it. Councilman Christensen indicated he would make no further comments. City Attorney Oberholzer stated he knows nothing about what Councilman Christensen is referring to. Ordinarily, when accusations are made to the Grand Jury they are not made public, so there is not an aura of suspicion with respect to certain individuals. Councilman Rockoff stated if the identity or action of the accused cannot be made public, he on the part of Councilman Christensen accusation. This is felt it was extremely erroneous to just blanketly make the HEARINGS the time set for continued hearing before the Council on an Appeal by Patty and Art Knight concerning issues of site relocation of the two-story unit, wall/building height restrictions, and use/conveyance of 5 foot-wide strip between building and property line, in the decision of the Planning Commission granting an application by Public Storage, Inc., to amend the zoning boundaries [rom an R-1 (One Family Dwelling) Zone, to a P.C.D. (Planned Commercial Dewelopment) Zone, on that certain property commonly known as 3700 Wilson Road. This hearing was duly adw~rtised and the property owners notified as required by law. This hearing was continued from the Council Meeting of January 9, 1985, in order to obtain a communication from the developer indicating whether or not he plans to proceed with the project. 332 Bakersfield, California, January 30, 1985 Page 9 The public portion of this hearing was closed at the meeting of December 12, 1984. A letter was received from Public Storage, Inc., dated January 25, 19S5, informing the Council that they will not pursue the development of this property, and, therefore, it will no longer be necessary to pursue the zone change from R-1 to P.C.D. City Attorney Oberholzer stated, since the application for the zone change has been withdrawn, the matter is moot and no further action is necessary by the Council. This is the time set for public hearing before the Council on an Appeal by Cornerstone Engineering, Inc., to the decision of the Planning Commission denying their application to change the zoning boundaries from a C-1 (Limited Commercial) Zone to a C-2 (Conm~ercial) Zone, affecting those certain properties in the City of Bakersfield commonly known as 208 through 240 (even only) Oak Street. This hearing was duly advertised and the property owners notified as required by law. Vice-Mayor Barton declared the hearing open for public participation. ~4r. Michael Callagy, Cornerstone Engineering, Inc., representing the four applicants involved in the zone change, stated this parcel of property has been before the Council numerous times and it backs tip to a small single family:residential area, built in an R-3 Zone. Their applications were denied after the property owners agreed to do numerous things to the property. After dis- cussing the present application with the City Attorney and Council- man Moore, Councilman ~oore stated he could not support it. Out of respect for Councilman Moore's decision and authority, they are withdrawing the application. On behalf of the four property owners (Chalet Basque, Farm Fresh Produce, Davenport Autos and Wally Tucker Datsun), they are requesting that the Council encourage the neighbors to diligently cooperate with the property owners to try Bakersfield, California, January 30, 1985 - Page 10 7:.q3 to resolve the problems, can function in an orderly manner. City Attorney Oberholzer informed the Council that the appeal has been withdrawn and the matter is moot. There is no need for going any further with the hearing. Carol Benston, 21] Oakbank Road. thanked the Council and Mr. Callagy for withdrawing the appeal and stated she has every intention of cooperating with City officials. The neighbors have always been receptive and responsive to anything that will improve the neighborhood. This is the time set for public hearing before the Council for the purpose of considering an application for a Modification by Bryan T. Haupt for Coleman Construction, Inc., of Building Height Restrictions to allow a six-story building in a C-O (Commercial and Professional Office) Zone, where the maximum height allowed is roar stories, on that certain property commonly known as 1200 Discovery Drive. This hearing was duly advertised and the property owners notified as required by law. Vice-Mayor Barton declared the hearing open for public participation. Mr. Bryan Haupt, stated this is one of the Avenue, and they are requesting that a six-story building be allowed, so they can allow for more parking area. No protests or objections being received and no one else wishing to speak in favor, Vice-Mayor Barton closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Ratty, application for a Modification by Bryan T. Haupt for Coleman Construction, Inc., of Building Height Restrictions to allow a six-story building in a C-O (Commercial and Professional Office) Zone, where the maximum height allowed is four stories, on [hat certain property commonly so the C-I/Conditional Use Permit process representing Coleman Construction, Inc., last parcels of property on CaliFornia 334 Bakersfield, California, January 30, 1985 - Page known as ]200 Discovery Drive, finding that the granting of this Modification will not be materially detrimental to the public welfare nor injurious to property or improvements in the zone or vicinity in which the property is located, is necossary to secure appropriate improvement or improvements on the lot or lots, and is not inconsistent with the purposes and intent of Title 17 of the Bakersfield Municipal Code, was approved by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moor(, Noes: None Absent: None REPORTS Chief of Police Price recapped a report from the Chief of Police and City Manager regarding Crime Prevention Program Grant and Request for Resolution anal City )latching Funds, as follows: For some time, the Bakersfield Police Depart- ment has been involved in crime prevention through such programs as Neighborhood Watch, shoplift seminars, seminars for various special interest groups (seniors, handicapped,) etc. Within the next two years the department had anticipated a budgetary request for a full- time crime prevention un:it. At the present time we are doing crime prevention work in conjunction with other duties and not as the main thrust of anyone's particular duty. It was therefore felt that we have not been maximizing the department's efforts in this area. In mid November the Office of Criminal Justice Planning requested proposals for crime resistance programs. At that time it was felt that we did not have time to submit a grant proposal but with the assistance of Beth Freedman of the Crime Prevention Task Force, the grant was submitted. The grant proposal originally requested $]06,928. We have been informed that our proposal has been selected for funding. However the funding approved is less than the original request. Our gratitude is extended to Ms. Freedman and the task force for it's continued elfoft in the area of crime prevention. We anticipate the involvement of the task force members in the proposed program. The extent of that Bakersfield, California, January 30, 1985 Page 12 325 involvement has yet to be determined. Some programmatic or budgetary issues are in the process of resolution by the respective staffs of the involved agencies (Bakersfield Police Department and Office of Criminal Justice Planning). Through these staff negotiations the exact amount of the grant award and the requested local match will be determined. The maximum State funds available are $75,000. There is every reason to believe at this point that we will receive this maximum amount of funding. This grant requires matching funds in the amount of $12,000. This figure includes a certain amount of wage costs (11%) and equipment costs (50%), totaling $12,914.00. After reviewing the grant it was determined that transportation costs for the Crime Res]stance Program was left out and they are requesting an amount up to $2,350.00 be added. The grant, if accepted by the City of Bakers- field, will allow the hiring of a full-time Program Coordinator, who will devote his entire time to Crime Prevention. Namely, expansion and continuation of the Neighborhood Watch Program to the point of getting new people involved and going back to the old Neighbor- hood Watches to see that the people are still involved and keep them involved. The Police Department will be able to have an effective ongoing Neighborhood Watch Program and an information network that will be a side issue, which will be far more important. For example, if a child molester is working a particular neighborhood, instead of four Police- men looking for the car, the Police Department can work through the Block Captains and have more people watching. In addition, programs for Senior Citizens, shoplifting seminars, self defense seminars for women and various other Crime Resistance and Prevention Programs. There will be a full-time Coordinator, part- time Coordinator and full-time Clerk-Typist. Primary goals of the proposed Community Crime Prevention Program are: Establishment of new neighborhood Watch groups (200 as a goal). Conducting Crime Prevention Programs for business (i.e. robbery, burglary, checks, fraud). Establishment and training of volunteer corps. Conduct women's awareness programs (i.e. personal protection, safety. rape pre- vention). 336 Bakersfield, California, danusry 30, 1985 - Page 13 Drug awareness programs in schools. Establish and maintain "Operation I.D." Senior citizens (seminars on fraud, and other programs of primary interest to seniors). Maintenance of an information exchange networking system between Police and community groups. The Police Department has attributed past success in Crime Prevention and Crime Reduction to citizen involvement. By allowing the Police Department to participate in this grant the City will be taking a step forward, which it is hoped can continue at the end of the period, into a full-time Crime Prevention Program, which will result ~n great benefits to the City. The Council is being requested to approve a resolution authorizing the Chief of Police, on behalf of the Police Department, to apply for the Crime Resistance Grant; and authorize the transfer of $15,263 from the Council's Contingency Fund to the Police Department Budget and authorize the increase of estimated revenue and Police appropriations by the $76,000 of grant moneys for a Crime Resistance Program. Councilman Childs requested that if items of this nature are to come before the Council, he would hope that they are brought before the Personnel Committee, even if there is only one days' notice. Adoption of Resolution No. 7-85 of the Council of the City of Bakers- field authorizing the Chief of Police to submit an Application for Grant for Law Enforcement purposes to the Office of Criminal Justice Planning to fund a Community Crime Resistance Project, and all personnel items re- garding this matter referred to the Personnel Committee. Upon a motion by Councilman Childs, Resolution No. 7-85 of the Council of the City of Bakersfield authorizing the Chief of Police to submit an Application for Grant for Law Enforcement purposes to the Office of Criminal Justice Planning to fund a Community Crime Resistance Project, and all personnel items re- garding this matter be referred to the Personnel Committee, was Bakersfield, California, January 30, 1985 - Page ]4 227 adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Noes: None Absent: None Upon a motion by Councilman Rockoff, authorization was granted to transfer $15,263.00 from the Council's Contingency Fund to the Police Department Budget and increase estimated revenue and Police appropriations by the $76,000.00 grant moneys for a Crime Resistance Program. Assistant City Manager Russell presented a report from the City Manager regarding Environmental Protection Agency Sanctious regarding Motor Vehicle Inspection Program, as follows: I have attached for your review copies of letters from the Administrative Office of the Kern County Board of Snpervisors and from the Kern County Council of Governments to the Air Pollution Control DistrJ¢.t which relate to the impending sanctions being imposed by the Environmental Protection Agency against the County as a result of the, Board's decision not to request a mandated motor vehicle and inspection program. As is pointed out in the letters, the primary funds which will affect the City of Bakers- field are the Federal Aid Urban funds which deal primarily with the improvements of streets and highways. The estimated figure by the Administrative Office of Kern County is $3,887,000 of which $2,504.000 is earmarked for the City of Bakersfield. This varies some- what from the figure represented by the Kern County Council of Governments of $6,800,000. Although only Federal Air Urban Funds are affected at this time due to the sanctions, other funds which could possibly become involved at a later date are the Community Development Block Grant Funds in the amount of $1,300,000, Water Treatment Plant No. 2 Funds in the amount of $500,000, and the Bridge Replacement Fund in the amount of $300,000. The City Finance Department has estimated the amount which would be affected in the City under Federal Aid Urban Funds would be approximately $2,650,000, which is somewhat higher than that indicated in the County Administrator's letter. Both letters indicate that there are certain highway projects related to safety which would not be affected by the sanctions of the EPA. A definition and description of these types of projects is included i~ the Kern Council of Governments letter. 338 Bakersfield, California, January 30, 1985 - Page Vice-Mayor Barton stated this report was submitted for information only. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Allowance of Claims Nos. 3608 to 4143, inclusive, in the amount of $2,035,829.72. Claim for Damages from Derek Channing Pli]er, 5832 Kirk Street, Bakersfield. (Refer to City Attorney) Claim for Indemnity from International Helmet Corporation, c/o Robinson, Palmer & Stanton, Attorneys at Law, 3434 Truxtun Avenue, Suite 150, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Paul Parks, 907 Melwood Street, Bakers- field. (Refer to City Attorney) Claim for Damages and Personal Injuries from James Robert Dunmire, 2201 Holden Way, Bakersfield. (Refer to City Attorney) Claim for Damages 2220 Steven Court, to City Attorney) from Frank David Lomas, Bakersfield. (Refer Claim for Damages from Danny Uyeda, P.O. Box 800, Bakersfield. (Refer to City Attorney) Claim for Damages from Columbus Motors, Inc., 1919 Columbus Street, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Beverly Reed, c/o Peter J. Rensel, Attorney at Law, 200 "R" Street, Bakers- field. (Refer to City Attorney) Sewer Easement from George & Betty Mahoney and White Lane Limited Partnership pro- viding ~or relocation of existing sewer line as required for Site Plan Review No. 93-83 B, located on north side of White Lane between Hughes Lane and E1Potrero Lane. DELETED (moved to last item under New Business) Sewer Easement and Emergency Access Ease- ments from LaQuinta Motor Inns, Inc., and ~4ooney's Rentals providing easements for sewer lines and emergency vehicle ingress and egress as required by the Planning Commission for Parcel Map No. 7305, located east of Pierce Road, north of Riverside Drive. Bakersfield, California~ January 30~ 1985 - Page Grant Deed and Drainage and Access Easement from Tenneco Realty Development Corporation providing a drainage retention basin site and easement for storm drain pipe and access to said drainage basin for Tract No. 4568, located south of Kre]l Way, west of Gosford Road. Sewer and Public Utility Easement from Rocky Rasley and Sharon L. Rasley for sewer line and public utilities as required for develop- ment in unincorporated area, located northerly of Terrace Way, westerly of Hughes Lane. Street Right-of-Way Deed from Do]ores Rodriguez providing additional dedication on north side of P[anz Road, east of Larson Street, to allow for construction of Planz Road, east of Larson Street, to be completed to major collector standards. Hap of Tract No. located north of Brook Road. 4653 with Warren Coats, Shandon Lane, west of Stony Improvement Agreement for Parcel Map No. 7305 with Mooney's Rentals for construction of improvements required by the Planning Commission, located east of Pierce Road, north of Riverside Drive. Improvement Agreement for Parcel Map No. 7333 and Road Easements from Tenneco Realty Development Corporation for construction of improvements required by the Planning Com- mission, located at southwest corner of Gosford Road and South Laurelglen Boulevard. Notice of Completien and Acceptance of Work on Calloway River Weir, Contract No. 84-166 with Valley Engineers, Inc. Notices of Completion and Acceptance of Work on: Resurfacing Niles Street and Baker Street, Contract No. 84-76 with James G. Francis, Contractor, Inc. Quantice Road Storm Drain Extension, Contract No. 84-208 with Jerry L. Myers, Contractors. Auburn Street Storm Drain Extension, Contract No. 84-203 with Con Cast Company. Resurfacing Panorama Drive and Wenatchee Avenue, Contract No. 84-230 with Granite Construction Company. Canal Culvert and Street Widening at Harris Road, Contract No. 84-222 with James G. Francis, Contractor, Inc. Panama Lane at Kern Island Canal, Contract No. 84-228 with Union Engineering Company, Inc. 34O Bakersfield. California, January 30, 1985 - Page 17 y o aa. bb. ce. dd. ee. Application :for Encroachment Permit from Belmac Development Company, P. O. Box 1444, Bakersfield, for construction of a block retaining wall, fence and concrete pad for a trash bin within the City's Carrier Canal property. The application was reviewed and recommended for approval by the Community Services Department. Application for Encroachment Permit from Walter H. Williams, 2025 Chester Avenue, Bakersfield, for installation of trees, tree wells and sprinkler system on Chester Avenue and 21st Street at 2025 Chester Avenue. Plans and Specifications for demolition and removal of all structures and improve- ments within Treatment P]ant No. 1 site. Water Availability Fees Agreement between the City of Bakersfield and Sierra Building Corporation providing payment to the City for water service to development project on Tentative Tract No. 4707, Unit 1. Water Availability Fees Agreement between the City o[ Bakersfield and Sierra Building Corporatlon providing payment to the City for water service to development project on Tentative Tract No. 4706, Unit 2. Water Availability Fees Agreement between the City of Bakersfield and Sierra Building Corporation providing payment to the City for water service to development project on Tentative Tract No. 4707, Unit 2. Water Availability Fees Agreement between the City of Bakersfield and Sierra Building Corporation providing payment to the City for water service to development project on Tentative Tract No. 4706, Unit 1. Agreement between the City of Bakersfield and Jim Li]es for instruction in Hypnosis for smoking and weight loss at Beale Memorial Library. Agreement between the City of Bakersfield and Don Bailey for instruction in Bowling at Southwest Lanes. Agreement between the City of Bakersfield and Gene Carol for instruction in Tennis Lessons at Siemon, Jastro, Centennial, Wilson and Beale Parks and tIaggin Oaks Tennis Courts. Agreement between the City of Bakersfield and Susan Anderson for instruction in Callfgraphy at Wilson Library. Bakersfield, California, January 30, 1985 - Page 18 241 fl. Agreement between the City of Bakersfield and Gail }Iahan for instruction in Sign Language at Wilson Library. gg. Agreement between the City of Bakersfield and Ruth Robertson for instruction in Crocheting at Holloway/Gonzales Library. hh. Resolution of Intention No. 978 of the Council of the City of Bakersfield, declaring its intention to order the vacation of a portion of Eye Street between 27th and 28tb Streets in the City of Bakersfield. This Resolution of Intention sets February 27, 1985, for hearing on the matter be£ore the Council. ii. Job Specifications fer Deputy City Hanager - Development (931), Pnblic Works Hanager (956), Community Services Hanager (916), Assistant City Hanager (912) and Fire Chief (940). These specifications are for the remaining five classifications necessary to implement the reorganization of departments approved on October 31, 1984. Resolution Ne. 84-84 set the class numbers and salaries. Lease No. PRC 6140.9 between the City of Bakersfield and State of California, by and through the State Lands Comm~ission, for First Point Water ~etering Structure. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, I, m, n, o, p, q, r, s, t, u, v, w, x, y, z, aa, bb, cc, dd, ee, ff, gg, hh, ii and jj of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Hoore Noes: None Absent: None Councilman Dickerson, referring to the Claim Voucher Code List, requested that staff provide him an updated list. ACTION ON BIDS Upon a motion by Councilman Hoore, low bid of Griffith Company, in the amount of $22,547.00, for construction of street improvements on Stine Road and Wible Road at Southern Pacific Railroad, was accepted, the other bid rejected and the Hayor was authorized to execute same. 342 Bakersfield, California, January 30, 1985 - Page 19 Upon a motion in the amount of S15,527.94, accepted. Nursery sale (7 by Councilman Ratty, bid of Hoffman Video, for Video Tape Editing Equipment, was Upon a motion by Councilman Ratty, low bids of Arbor (30 items), in the amount of $]4,622.53, W. Covina Whole- items), in the amount of $8,125.96, and American Wholesale (4 items), in the amount of $2,365.92, for Miscellaneous Plants and Trees, were accepted and all other bids rejected. Upon a motion by Councilman Christensen, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the }~unicipal Code, and the Finance Director was authorized to negotiate a price with Western Information Systems for one Word Processing System for the City Manager's Office, not to exceed $16,600.00, the uncommitted balance of Revenue Sharing Funds budgeted for Word Processing Equipment. Upon a motion by Councilman Moore, usual bidding require- ments were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price with Motorola Communications for 17 Mobile Radios for the Public Works Department, not to exceed the budgeted amount of $31,300.00. DEFERRED BUSINESS A facilities and of work, not to Approval of Agreement between the City of Bakersfield and Gulf Oil Corporation providing for relocation of Gulf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakersfield and Beach Park. The City has budgeted a project to construct the Kern River Bike Trail between Cal-State Bakersfield and Beach Park. portion of the Bike Trail crosses over a Gulf Oil Lease having various facilities, which will interfere with the construction. This agreement provides for Gulf to relocate their for the City to reimburse Gulf for the actual cost exceed $44,000.00. Bakersfield, California, January 30, 1985 - Page 20 :343 Action on this agreement was deferred from the Council Meeting of January 9, 1985, to give the City Manager the opportunity to pursue the possibility of neEotJating this fee. In answer to a question by Councilman Moore, Assistant City Manager Russell stated staff has been in contact with repre- sentatives of Gulf Oil Corporation. their home office in Iiouston, Texas, process of a merger with Chevron Oil time before they receive an answer. The request was submitted to however, they are in the Company and it may be some- In answer to a question by Councilman )~oore, Public Works; Manager Hawley stated staff would like to proceed with the project. This item has been continued for several weeks and lit is holding up the construction of the Bike Trail. In answer to a question by Councilman Moore, Senior Accountant Rojas stated, if the funds are received from Gulf Oil Corporation they would be placed into the fund that the money is bein~ expended from. Councilman Moore made a motion to approve the Agreement and authorize the Mayor to execute same. Councilman Dickerson stated, since the City Manager has been personally involved in this matter, he would request that the agreement only be executed by the }layor on advice from the City Manager. Councilman }4oore's amended motion that the Agreement between the City of Bakersfield and Gulf Oil Corporation providin~ for relocation of Gulf Oil facilities for construction of the Kern River Bike Trail between Cal-State Bakersfield and Beach Park, be approved and the }{ayor authorized to execute same, with the condition that it only be executed by the }layor on advice from the City Manager, was approved. 344 Bakersfield, California, January 30, 1985 - Page 21 NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 8.60 to the Bakersfield Municipal Code adopting by reference, as amended, Ordinance No. G-3941 of the Board of Supervisors of the County of Kern (Division 8 of Part 3 of the Ordinance Code of the County of Kern) relating to Underground Storage Tanks Containing Hazardous Substances, and setting date for hearing on said Ordinance for February 20, 1985. This ordinance adopts by reference Kern County Ordinance No. G-3941. Pursuant to this ordinance, the ttealth Officer will enforce regulations governing the underground storage of hazardous substances uniformly within the City and County. Upon a motion by Councilman Retry, first reading was considered given an Ordinance of the Council of the City of Bakers- field adding Chapter 8.60 to the Bakersfield }4unicipal Code adopting by reference, as amended, Ordinance No. G-3941 of the Board of Supervisors of the County of Kern (Division 8 of Part 3 of the Ordinance Code of the County of Kern) relating to Under- ground Storage Tanks Containing ttazardous Substances, and hearing on said Ordinance was set for February 20, ~985. First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of College Avenue approximately 100 feet east of Valencia Drive. The application for this amendment was made by Patrick & Henderson, Inc., and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited }lultiple Family Dwelling) Zone. The Planning Commission recommended approval of the amendment, subject to the condition that no more than 144 units be constructed on this 26.5 acre parcel. The proposed 5.4 units per gross acre on subject property would be consistent with the Low Density designation depicted on th,? General Plan. Bakersfield, California, January 30, 1985 - Page 22 First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield ~unicipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of College Avenue approximately ~00 feet east of Valencia Drive. First reading of an Ordinance of the Council of the City (~f Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) oF the )~unicipal Code of the City of Bakersfield known as Real No. 5 Annexation. This amendmont would prez~ne property to an R-1 (One Family Dwelling) Zone. The Planning Commission r(~commended approval of the prezoning for the Real No. 5 Annexation territory on January 3, 1985. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning ~4ap) of the )~unicipal Code of the City of Bakersfield known as Real No. 5 Ann~xation. Adoption of Resoluti~n No. 8-85 of Application of the C~uncil of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 2D6 (Real No. 5). The proposed inhabited annexation contains 17.4 acres located between Real Road and U. S. 99 Highway, south of ~ing Avenue. The Planning Commission approved the boundary and recom- mended approval of the annexation to the City Council. Councilman Dickerson requested that the staff prepare a report regarding how annexations are placed into the Ward boundaries and how voters are assigned. Upon a motion by Councilman Dickerson, Resolution No. 8-85 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the CSty of 346 Bakersfield, California, January 30, ]985 - Page 23 Bakersfield identified as adopted by the following roll Ayes: Noes: Absent: Annexation No. 296 (Real No. 5), was Councilmen None None call vote: This which the City Ratty, Rockoff, Barton, Dickerson, Moore Childs, Christensen, Approval of Agreement with Cooper's Nursery to rescind prior Agreement and agree to one-year option for purchase of City property adjacent to nursery on Truxtun Avenue Extension. agreement rescinds Agreement No. 84-242, under previously agreed to sell Cooper's approximately 1.33 acres of real property adjacent to the nursery on Truxtun Avenue Extension, and substitutes a one-year option to purchase for which Cooper's will pay the City $40,000.00. The sale price, including the price of the option, remains the same. Public Works ~anager Hawley, in answer to a question by Councilman Ratty, stated the Attorney's OFfice received correspondence from Cooper's requesting additional time to pursue the agreement with the City. The present agreement indicates a certain sum of money is to be paid to the City by January 29, ]985. Cooper's is in the process of selling some property and, at this time, they do not have the funds to pay the City. This agreement provides for the City to enter some type o[ option escrow with Cooper's and they will put up $40,000.00, and have one year ~o pay the original agreed upon price. If the agreement is consummated, the $40~000.00, will go towards the total purchase price. If it does not go through the City will retain the $40,000.00. Councilman Rockoil indicated he felt Cooper's should pay interest on the property to the City of Bakersfield. Mr. Pat Garrett, Attorney representing the Cooper's stated they will not have any bene[its of ownership. If this were an installment sale the Cooper's would own the property now and it would be perfectly appropriate to ask for interest on the purchase Bakersfield, California, January 30, 1985 - Page 24 : 47 price. This is simply an accommodation that takes care of the City's concerns and the Cooper's concerns. The City receives $40,000.00, with no strings attached. If the Cooper's never take another step, the money belongs to the City. In return for that, the Cooper's get some time. This property is not worth much by itself, it is very oddly shaped and in a terrible spot for someone to build something on it. It is property with a traffic signal. purchase price. planned to place a street on the The traffic signal is part of the Upon a motion by Counci]man Ratty, Agreement with Cooper's Nursery to rescind prior Agreement No. 84-242 and agree to one-year option for purchase of City property adjacent to nursery on Truxtun Avenue Extension, was approved and the ~layor was authorized to execute same. Councilman Rockoff voted in the negative on this motion. Referral of request to designate the Historical Preservation Commission as the City's sponsor of Historical Awards at the March 19, 1985, Beauti- ful Bakersfield Committee Awards Dinner and Budget Transfer, in the amount of $850.00, from the Council's Contingency Fund to the Economic Development Deparfment Fund. A proposal has been received from the Beautiful Bakers- field Committee requesting the City Council/Historical Preservation Commission sponsor tlistorical Awards at the March ]9, 1985, Beautiful Bakersfield Commission Awards Dinner. The Historical Preservation Commission completed an extensive review of the subject proposal. On January 15, 1985, it approved a recommendation to the City Connci] that it sponsor the two Historical Awards, which will roquire a contribution of $850.00 from the City. Staff recommends that the City Council delegate to the Historical Preserval~ion Commission the responsibilty for this program. Upon a motion by Councilman Ratty, request to designate the H~storical Preservation Commission as the City's sponsor of 348 Bakersfield, California January 30, 1985 - Page 25 Historical Awards at the March 19, 1985, Beautiful Bakersfield Committee Awards Dinner and authorize a Budget Transfer, in the amount of $850.00, from the Counci]'s Contingency Fund to the Economic Development Department Fund, was referred to the Budget and Finance Committee. Approval of Agreement between the City of Bakersfield and State of California incorporating changes in the State Route 58 Plan, between State Route 99 and Quantice Avenue. This agreement supersedes Agreement No. 10-62 and incorporates all changes made in the Freeway Plan since execution of the original agreement on February 19, 1962. It is the State's policy that a completed Freeway project be properly covered by a current agreement. The changes primarily consist of local street modifi- cations, which were constructed with the Freeway project and a change in City Limits, which occurred during Freeway 99 construction. Upon a motion by Councilman Ratty, Agreement between the City of Bakersfield and State of California incorporating changes in the State Route 58 Plan, between State Route 99 and Quantice Avenue, was approved and the Mayor was authorized to execute same. Acceptance of Street Right-of-Way Deed from John Barber for dedication of a portion of Wible Road, immediately north and south of Garland Avenue, to allow widening to design width. This deed provides for dedication of a portion of Wible Road, immediately north and south of Garland Avenue, to allow widening to design width. In exchange for the right-of-way, the City will pay the sum of $14,850.00 and construct street paving and improvements. The estimated cost of the street paving and improvements is $12,000.00. The agreed price is based on an independent appraisal of the property value. Funds are budgeted in the current Fiscal Year for this project. Bakersfield, California, January 30, 1985 - Page 26 Upon a motion by Councilman Dickersen, Street Right-of- Way Deed from John Barber for dedication of a portion of Wible Road, immediately north and south of Garland Avenue, to allow widening to design width, was accepted and authorization for payment was approved. CLOSED SESSION Upon a motion by Councilman Childs, the Council recessed to a Closed Session at 10:]5 P.M., for the purpose of discussing a personnel matter. The regular meeting was reconvened at ~0:29 P.M. RECESS Upon a metion by Conncilman Rockoff, the meeting was recessed at 10:30 P.M., until Wednesday, February 6, 1985, at 7:00 P.M., to meet with the Planning Conm~ission regarding Downtown Planning. VICE-MAYOR of the City of Bakersfield, Calif'. ATTEST: CITY CL~RK and Ex Officio Clerk of t. he Council of the City of Bakersfield, California ma 35O Bakersfield, California, February 6, I985 Minutes of a recessed meoting of the Council of the City of Bakersfield, California, meeting jointly with the City of Bakersfield Planning Commission, in the Council Chambers of City Hall at 7:08 P.M., February 6, 1985. The meeting was called to order by Mayor Payne, by the Pledge of Allegiance and Invocation by Councilman The City Clerk called the roll of the Council as followed Moore. follows: Present: Mayor Payne. Councilmen Rockoff, Barton, Childs, Christensen, Dickerson, Moore Absent: Councilman Ratty The City Clerk cal]ed the roll of the Planning Commission as follows: Absent: Commissioners Milazzo, Gronbeck, Weaver, Camp Commissioners Lusich, Rust Upon a motion by Councilman Dickerson, the Council and Planning Commission recessed their meeting at 7:12 P.M., in order to allow the Redevelopment Agency to complete their meeting. The meeting was reconvened at 9:08 P.M. NEW BUSINESS Workshop Session on Downtown Bakers- field Development. City Manager Caravalho stated the City is experiencing tremendous new growth and, at the same time, there are problems with a stagnant downtown, that may be deteriorating; however, there is now an opportunity to do something about that. Based on the discussion tonight, it is hoped the City can form a plan that can be aggressively pursued. The City of Glendale has an active Redevolopment Agency that got into a project very similar to the one facing the City of Bakersfield. The configuration, in terms of transportation access and the downtown deterioration, is very comparable. Of all the steps Glendale, in this case Bakersfield, has taken in recent years, Redevelopment may be the boldest and least understood. The Redevelopment Agency beIieves much is at stake for this and future generations of Bakersfield residents and Bakersfield, California, February 6, 1985 - Page 2 351. the more that is known about the goals and objectives of the Redevelopment Agency, the easier Jt will be for the Council and Planning Commission to make an evaluation. City Manager Caravalho presented background and statistics on the City of Glendale's Redevelopment Project and ~xplained the simi[larities of the down- town problems of both cities. Since Glendale's former Columbus Square site and additional property became the Glendale Galleria taxable retail sales have multiplied from $419,000,000 to more than $1,170,000,000 annually. In 1980-81 City government received $11,000,000 in Sales Tax revenues, that was used to finance public services, such as; police, fire protection. parks and libraries. During the last 10 years property values in lhe Redevelopment area have escalated from $9,280,000 (market value), to more than $329,000,000. Once the entire redevelopment efforts are completed, increased Property Taxes, raised from this source, will provide a substantially greater level of local support and control for Glendale schools and other taxing agencies, than was ever imaginable. All of this has taken place under the State Redevelopment Law, which varies significantly from its Federal counterpart. The primary difference is more local control, fewer restrictive regu- lations, and a broader and more meaningful opportunity for the public to be heard. In addition, 9.000 new jobs were created in a 10 year period. The tax increment, from 1972 to ]983, went from $500,000 annually to the current $3,700,000. Economic Development Coordinator Kennon stated the Redevelopment Element of the Genera] Plan, adopted in August, 1984, looked at the conditions and problems in the central city area and defined the redevelopment effort for the City of Bakersfield. The basic thrust was to provide the opportunity for development through innovative zoning, implementation, financial strategy, etc., and the identification and need for infrastructure. At this point in time, the City is in the phase of implementing that plan. Consultants have been hired, who are involved in the codification or implementation of that plan into the City's zoning. The efforts, currently under 352 Bakersfield, California, February 6, 1985 - Page 3 way, in the downtown area, are the Truxtun Galleria, proposed site for a regional center, multiple agency effort for upgrading High- way 178 corridor, relocation of the main library in the 19th Street area, final stages in the development of a disposition and development agreement for an office structure at the corner of 18th and "K" Streets and hotel. The area staff feel future efforts should be made, in terms of development, in the northeast quadrant of the downtown area, 18th Street and Chester Avenue. Mr. Cal Hollis, representing Katz Hollis & Associates Financial Consultants for the Redevelopment Agency, stated Redevelc.p- ment Agency financing is unique from other governmental financing. Its' principal source of revenue is Property Taxes generated by the development within a redevelopment project area. The Agency does not have the power to levy taxes. assessments or any of the other types of revenues. Redevelopment Agencies are dependent on their own success in order to continue to have programs go forward. The Redevelopment Agency has committed itself to the recently constructed public parking facility downtown, conference center hotel and renovations to the existing conference center and Moreland's mixed use project. Those three projects will use all of the Agency's existing financial capabilities. As the Agency explores additional projects. it must look at projects that will be self-supporting; that is, a combination of what the development pays for the develop- ment opportunity as pays for the land, plus taxes generated by the development. The Agency can also look to increases in assessed valuation in the project area for projects the Agency is not involved in, as another source of revenue. In Downtown Bakersfield, with the exception of' the projects initiated by the Agency, there has not been substantial development in the last 5 or 6 years. It is hoped the office project will be self-supporting. Based on their experience with 7 or 8 regional shopping centers that have been part of Redevelopment Programs. it is very rare that a regional shopping center is self-supporting. Other aspects are put into Bakersfield, California, February 6, 1985 - Page 4 making a regional shopping center work. They believe there are some unique situations in Downtown Bakersfield (demand for a new regional shopping center and interest in department stores coming into the Bakersfield market), that could make this one of those few centers that are self-supporting from a redevelopment financing standpoint. That is the approach that will be pursued as the Agency and staff continues to look at options for bringing a regional center downtown. City Manager Caravalho presented a report on the Market Demand Analysis for a Downtown Regional Shopping Center prepared by Keyser Marston Associates, Inc., submitted in draft form, as follows: The findings and conclusion of the report are that Downtown Bakersfield is ideally situated for a regional shopping center serving the Greater Bakersfield Metropolitan Area, as well as, the rest of Kern County. The downtown area is centrally located between the South- east and Northwest regions and there is indicafions for a rapid population growth. They also enjoy a high per capita income. Demand is expected to continue in its upward path and the downtown, with its unique central location, offers the greatest potential to most efficiently meet the demand. Population: Between 1970 and 1984 the primary trade area population increased by 90,000. It currently stands at 280,000 residents. Con- tinued growth is projected at 360,000 residents by the year 2000. The population of the primary and secondary trade area, combined, wiII exceed 500,000 by the year 2000; that is a 25% increase from the current base of ,t00,000. Projections by the State Department of Finance indicales that the population of Kern County will experience a growth rate significantly greater than both the State and Southern California throughout the remainder of this century. Per Capita Income: Betwe~n 1970 and 1980 per capita income of residents of Kern County and the primary trade area in~:reased at a rate of 2~ times as fast as the residents of the State of California and 3~ times as fast as residents of Soulhem California. Currently, the per capita income of residents, within the primary trade area, is 90% of the State average. This is a significant improvem~nt over 1970, when the per capita income was only 82% of the State average. The primary trade area current per capita income is estimated at slightly over $10,000 a 27% increase ow,r the 1970 income level in constant 1984 dollars. 354 Bakersfield, California, February 6, 1985 - Page 5 Department Store Type Merchandise (DSTM) Potential: There has also been a significant increase in the value of expenditures by residents in establishments selling department store type merchandise; goods sold in depart- ment, appraisal, shoe, home furnishing and speciality stores. Since 3978 the DSTM potential. in 1984 dollars, in Kern County has increased from $375,000,000 to over $660,000,000, a 76% increase. This growth rate exceeds that of tb~, State of California, as a who]e, by 50%. It is esimtated that the residents of the primary and secondary trade areas currently generate over $570.000,000 of DSTM expenditure. With the anticipated population and income projected for this trade area, the DSTM potential, in constant 1984 dollars, is anticipated to increase to ow)r $700,000,000 by the early ]990's and reach nearly $900,000,000 by the year 2000. Warranted Department Store Area: Based on the conservative, or low projection of effective department store demand, the warranted depart- ment store space in a downtown center is estimated to be between 320,000 and 360,000 square feet. Based upon a higher projection, which assumes a wide mix of department store space, approximately 480,000 square feet is warranted. Both projections assume that the center will open during the late 1980's. The low projection of warranted areas significantly justify the opening of three department stores in the late 1980's, however, the introduction of a high line departmcmt store serving the upper-income households would significantly increase the warranted area and would greatly enhance the strength of' the center. The Council and Planning Commission will be provided a copy of the repor] and staff anticipates a follow-up report or addendum to this report that will indicate how the City might finance the Agency's portion of such a project. Economic Development Coordinator Kennon, with the aid of maps and charts, stated the area of the initial analysis under consideration is south of 23rd Street and east of Chester Avenue. One of the problems with the project proposed some years ago was that it alleged if would draw away and impact the existing retail corridor area in a negative fashion. This created some division and controversy. In an effort to speak to that issue staff estab- lished, as one of the primary criteria, that it be as close, and into the core area, as possible and still have some chance of being economically feasible, hence the effort to stay within or on the Chester Avenue corridor and somewhere within the central city. It Bakersfield, California, February 6, 1985 - Page 6 255 is anticipated that State Route 1178 will be a direct access to the shopping facility, and make egress and ingress as easy as possible. A very important part of the overall project is the Bakersfield College Downtown Center. There has been discussions with the administration of Bakersfield College and it is anticipated that will become an intricate part of the center, in terms of providing a training ground for employment and assist in the development and employment of shops within the center. City Manager Caravalho stated that are eight steps in the strategy: Marketing Analysis. That has been provided and indicates, positively, that this project would be worthy of the Council and Planning Commission's consideration. Determination of Community Support. That is why this meeting was called tonight. Projects of this type are very difficult It is almost impossible if there is in- decision in the community or divfisiveness over a project like this. In order to get commitments from people who are goinff to invest in such a project, it needs to be established, at the outset, that a commitment will be made for the project and work towards that end. Level of Agency Participation. Staff is in the process of working on that and it should be finished in a few weeks. 4. Site Analysis. That is yet to be done. Developer Selection. It is suggested that the City proceed to that step within a few weeks. Given a favorable reaction to this proposal, he would suggest that a list of department stores (8 to 12), be contacted in writing, indicating the City is very interested and committed to such a project and will follow up with a package of mater~al containing a report giving economic information on the community to give them a good understanding on how the policy makers feel about the project, economics of the project, commitment to the project and what is transpiring in this community, in terms of growth and development. 6. Specific Plan Development. 7. Development Agreement. 8. Work out finances, acquire property and then construction. 356 Bakersfield, California, February 6, 1985 - Page 7 City Manager Caravalho stated he felt it thoroughly discuss the issues, and, if acceptable, aggressively with the plan. Discussions have been somewhat maligned about using different incentives is important to staff proceed held and been for developers. This is an opportunity for the City to become competitive in that market. If the Council and Planning Commission feel comfortable with this, it would be a statement to the community that the City will proceed accordingly. He cautioned the Council and Planning Commission that these projects are difficult, complex, take a lot of patience, good communications with all parties involved must be developed and always retain mutual respect for each other. Councilman Christensen stated one thing he feels is a constant stickler in all the talks about shopping malls, etc., is money. He felt that when the developer is selected the first thing that must be determined is, do they have the money, what is their money plan and how long will it take them. He felt the developer should not be given an option until they come forth with a relatively sound plan of financing. In answer to a question by Planning Commission Chairman Camp, Mr. Hollis stated the focus of the market study was not specific property development economics. Rather, was there demand in this market area for another regional center. If that answer was no, even with all the money in the world, without the people to buy, there would never be a regional center and that was the first question addressed. The answer was, there is an overwhelming demand and, in their opinion, there will be a regional center in this market. The downtown retailers should realize if there is a demand for a mall there will be one. The next step is to look at the financial feasibility of putting one in a downtown urban location where they are difficult to put together and that step is now under way. In answer to a questSon by Planning Commission Chairman Camp regarding contacts with major tenants about interest in Down- town Bakersfield, Economic Developm(,nt Coordinator Kennon stated Bakersfield, California, February 6, 1985 - Page 8 for the past 1½ years they have been dealing with a developer who is interested in developing a shopping center. The answer is yes, there is a qualified interest, and their ability to perform is one of the primary criteria. City Manager Caravalho stated Jn order to be successful the City will have to work with the developer or the agency and come to some kind of agreement on a package attractive enough to have such a store work with the City. It will take work on both sides. It is very difficult to ge~ a shopping center anywhere, especially in a downtown area. There are factors in Bakersfield's favor with the downtown area in the center of the City and the economic study, etc. The City does not have a good track record and some of that will have to be undone if it wants to be successful. Councilman Dickerson expressed his concerns regarding the lack of participation by the public on these projects. He felt if the City begins a major project of this nature with a failure to develop new avenues of bringing the people into this process, it will create the same type of controversy that has surrounded these projects previously. Commissioner Milazzo stated he feels that redevelopment is a very successful tool and the City of Bakersfield is at the crest of a wave and it is an opportnne time to take advantage of it by setting goals and going after it. Mr. Ken Reed. President of the Downtown Business Association, stated he feels public participation has been very high. He stated he was present, on behalf of the Downtown Business Association, to endorse the concept of a major retail mall in Downtown Bakersfield. He felt ther(- is a very important need for a strong centralized center city and the time has come to recognize that Bakersfield has had the preced(~nce of success or failure down- town. For a successful community, at large, a strong vital downtown is needed. One of the problems facing the City is, if there is not a strong major retail center downtown and it is allowed to go into 358 Bakersfield, California, February 6, 1985 - Page 9 the Southwest or Northeast prior to dealing with what we have, it will kill downtown, whereas, the converse is not true. If there is a strong downtown established, with major retail stores, then the Sonthwest, Northeast and all areas of Bakersfield, will grow in a more reasonable manner. It is time that Bakersfield took charge of its own destiny. As a resident and representative of the largest merchant organization in Bakersfield, this concept is strongly endorsed. Commissioner Gronbeck stated he felt tonight is a commendable effort to achieve the goals of public awareness and the path being taken will allay some of the fears Councilman Dickerson has at this time regarding public input. Councilman Barton stated the City has a serious problem and has gone through some trying experiences. If the City goes into a project for a downtown regional center it is almost like a religion and you have to stay with it. There are a lot of things that crop up that gets the Council into philosophical differences and one of those is the use of' Eminent Domain to land package for a project. If the Council cannot show unanimity to the developers or major retailers, that would come into a project like this, then they are wasting their time even getting started. He expressed his support of this concept and redevelopment. Commissioner Weaver expressed her support of downtown redevelopment and admiration for what the City of Glendale has accomplished in their downtown redevelopment project. Councilman Childs expressed his support for redevelopment and stated the Lakeview area and Tract 22 need redevelopment more than any area in Bakersfield. Be lielt this area should have the highest priority. He also hoped the City of Bakersfield can support a project in the downtown area, such as the one in Glendale. Mr. Fred McKenna, Vice-President of Community First Bank and Vice-President and Director of the Downtown Business Association, stated experience from other cities has shown a more intensive use of the downtown retail center resu]ls in the development of cultural, Bakersfield, California, February 6, 1985 - Page 10 259 entertainment, office, residential and hotel facilities. They feel the retail mall should be placed as close as possible to the 19th Street and Chester Avenue core area to effect revitalization downtown and it should go forward. Mr. Gary Witchef, Real Estate Agent, stated he feels the regional downtown mall project at, extensively, at the proper priorities should be looked at However, he does not feel this is aggressive and should be looked time and he supports it, but and go forward in an orderly fashion. is being done. A decision on the Galleria and hotel should be made before taking on the extensive project of the downtown mall. Mr. Gordon Gill, President of Millard Archuleta-Eddy- Paynter Associates, Architects, stated their firm has been involved for 20 years with the revitalization of the downtown area and they completely support the position recommended this evening. However, there has been mixed signals given to the community, developers and department stores regarding the sincere interest and desire of the community to do anything downtown. As long as those mixed signals go out a major retail shopping center will not occur. A very strong position will have to be taken whether or not the Council will use Eminent Domain proceedings, and that decision must be made up front. If the Council is not going to use it, then forget about it. Do not mislead the people of this community or the developers and retailers being asked to come to this community, that the City is going to proceed in an orderly manner and develop a retail shopping center downtown. It cannot be done without the use of Eminent Domain. That is the number one decision that has to be made. The Council has to understand the problems of the developers and major department stores to put a project together of this magnitude. If the Council is not willing to understand their problems, listen to them and work with them as a team, do not commit yourselves to it, because you will spin the wheels of this community as has been done in the last few years with regards to 360 Bakersfield, California. February 6, 1985 - Page 11 revitalizing downtown. The people of this community will want to know. and the people who will bring that development to this community deserve the right to know, what will take on those issues. Councilman Moore stated is long overdue and ready to have position the Council he felt the City of Bakersfield some major retail come into this community. City Manager Caravalho is requesting that the Council and Planning Commission given him the backing to send a very clear signal to the major retailers that the City is supportive of some action in Bakersfield in the downtown area, so the developers and major retailers will see that there is a determination on the part of the City to support a project of that magnitude in the downtown area. Councilman Moore suggested that the Council and Planning Commission unanimously adopt the resolution prepared for con- sideration this evening. Adoption of Joint Resolution No. 9-85 of the City Council and No. 17-85 of the Planning Commission of the City of Bakersfield committing themselves to developing a Downtown Regional Retail Shopping Center. Upon a motion by Councilman Moore and Commissioner Milazzo, seconded by Commissioner Gronbeck. Joint Resolution No. 9-85 of the City Council and No. 17-85 of the Planning Commission of the City of Bakersfield committing themselves to developing a Downtown Regional Retail Shopping Center, was adopted by the following roll call votes: Ayes Noes Absent: Councilmen Rockoff, Moore None Councilman Ratty Barton, Childs, Christensen, Dickerson, Ayes: Noes: Absent: Commissioners Milazzo, Gronbeck, Weaver, None Commissioners Lusich, Rust Camp BakersfieId, California, February 6, 1985 Page 12 26! City Manager Caravalho expressed his appreciation to the Council and Planning Commission for their support and suggested that the Chamber of Commerce, Downlown Business Association and anyone who would like to send a l~]ter or resolution, that could be used as backup material, is en~:~uraged to do so, ADJOURNMENT - PLANNING COMMISSION There being no further business to come before the Planning Comission, upon a motion by Commissioner Milazzo, secondec by Commissioner Gronbeck, the meeting was adjourned at ]0:30 P.M. CLOSED SESSION - COUNCIL Upon a motion by Councilman Moore, the Council recessed to a Closed Session at 10:30 P.M. for the purpose of discussing Labor Negotiations. The regular meeting was reconvened at 1~:25 P.M. ADJOURNMENT - COUNCIL There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 11:26 P.M. MAYOR of the City of Bakersfield, Calif. ATTEST: CITY CL~RK and Ex~ff~cio Clerk of the Council of the City of Bakersfield, California ma 362 Bakersfield, California, February 13, 1985 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 7:00 P.M., February 13, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Jimmy K. Roy, Director of the "People Loving People" Prison Outreach Ministry. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Absent: Councilman Ratty Minutes of the special meeting of January 21, regular meeting of January 30, 1985, were approved as CORRESPONDENCE the City of City 1985, and presented. Upon a motion by Councilman Christensen, from the Beautiful Bakersfield Committee, 4909 Stockdale Box 184, dated January 29, 1985, supporting the proposed Cultural Center, was received and placed on file. Upon a motion by Councilman Rockoff, communication from property owners requesting a General Plan Amendment for Light Manufacturing use of 2.35 acres, located on South Union Avenue Zone Map No. 33, Lots 1-7 received and referred to recommendation. communication Highway, Downtown Upon a motion by Councilman Childs, communication from John Farquhar, dated February 1, 1985, submitting his resignation from the Building and Housing Appeals Board, effective February 1, 1985, was received, resignation accepted, and the Mayor requested to send letter of appreciation for his service to the City. Upon a motion by Councilman Moore, communication from the Office of Criminal Justice Planning, dated January 29, 1985, regarding Governor's Victims Service Award Program, was received and referred to the Police Department. inclusive, Parcel Map No. 3930, was the Planning Commission for study and Bakersfield, California, February 13, 1985 - Page 2 363 Upon a motion by Councilman Christensen, communication from the Office of Criminal Justice Planning, dated January 25, 1985, regarding Domestic Violence Crime Prevention Request-For- Proposals, was received and referred to the Police Department. COUNCIL STATEMENTS Councilman Childs stated he recently requested the City Manager to set up a tour of the First Ward for Councilmembers. He would like to restate that request and also indicate he has received an invitation for lunch at the Bakersfield Senior Citizens' Center for Councilmembers. He hopes the entire Council will be able to join him for a tour of the First Ward and lunch at the Center. In answer to a question by Councilman Moore, Councilman Childs stated the correspondence from Mrs. Beverly Tomlin, per- taining to use of the vacant City Fire Station on East Brundage Lane for a community Art and Culture Center has been forwarded to staff and a report will be forthcoming. Mayor Payne stated he has received a request from the Beautiful Bakersfield Committee for the Council to consider work- ing with one of their representatives to create a display case in the lobby of City Hall outside the Council Chambers to display photographs of the award winners in the various categories and plaques awarded for the Annual Beautiful Bakersfield Awards. Councilman Rockoff stated the issue of the Beautifu! Bakersfield Awards has been referred to the Budget and Finance Committee and felt the request for a display case should also be referred to Budget and Finance Committee. Mayor Payne stated he has received correspondence from the Los Angeles Raiders Football Team regarding a search for a summer training camp to be located somewhere other than the Los Angeles Basin area and refers particularly to the Kern County and Santa Barbara areas. This correspondence was given to the City Clerk to place on file. 364 Bakersfield, California, February 13, 1985 - Page 3 Mayor Payne indicated he has received numerous telephone calls from residents regarding the potential annexation of prop- erties in the vicinity of Real and Wilson Roads. With one excep- tion, all their concerns appeared to be the illegal dumping and weed control at the seven-acre site located at the northwest cor- ner of Real and Wilson Roads. He assured them the matter would be referred to staff for further investigation. Councilman Dickerson stated he would like to explore the Council's feelings on the issue of the Legislative Committee and League of California Cities. He feels the Council Committees should be active. If they are not active, they should be elimi- nated. The following Oral Report by City Manager Caravalho regarding Legislative Committee activity was moved up on the Agenda to be heard at this time. REPORTS Oral Report by City Manager regarding Legislative Committee Activity. City Manager Caravalho stated he feels the City should be more active in matters of legislation than it has been in the past. The procedure would be that the Legislative Bulletin or other legislation would be brought to the full Council with the staff's comment or recommendation regarding that legislation and a suggestion that it be referred to the Legislative Committee for their deliberation and recommendation back to the full Council. At that time, if it is a Bulletin being discussed, any member of the Council could add to that addition, he feels the Council ships with our Assemblypeople, extent that the City will have list if the Council concurs. In should establish ongoing relation- Senators and Congressmen, to the at least one formal contact with them when they that could it and tion. are in the district. be helpful once the Committee those could be brought back to the There may be other issues spends time discussing Council for delibera- Councilman Moore stated he supports City Manager Caravalho's recommendation and feels an active Legislative Committee could be of benefit to the City. Bakersfield, California, February 13, 1985 - Page 4 Councilman Barton stated he supports a more active Legislative Committee. However, he did want to caution the Council about the problem of partisan politics. It was a problem many years ago when the Council had a more active Legislative Committee and it can be very disruptive. Councilman Dickerson stated he feels the Legislative Committee should be given the opportunity to see if it can be effective looking into the issues and presenting the feeling of the community on those issues to the State. Councilman Rockoff suggested that the issue of Legislative Committee activity be brought back as an agenda item at the Council Meeting of February 20, 1985. Councilman Dickerson stated he made a request, and a motion for a report from the City Manager within thirty days regarding chemical plants and chemicals stored within the city limits. He has not yet received the report. City Manager Caravalho stated the request for a report on chemical plants and chemicals stored within the city limits was referred to the Intergovermenta! Committee in order to have coordination between the County and City. That issue was dis- cussed at the last Committee meeting, however, he was not present and, therefore, is not aware be a report forthcoming about and County. Councilman Dickerson restated his codes for vouchers and information on ward of what was discussed. There will activities occurring in the City request for updated boundaries and how areas are selected for specific wards for voter registration. In answer to a question by Councilman Dickerson, City Manager Caravalho stated, currently, there is no update on the Parks and Recreation Element of the Genera] Plan. He has put a hold on that project in light of other priorities and there will probably not be an update until next fiscal year. 366 Bakersfield, California, February 13, 1985 - Page 5 Councilman Dickerson stated he is concerned about high tension wires located near a new shopping center project at Stine Road and White Lane. Since this will be a high traffic area, he would like to know if the City has considered placing netting under these wires to prevent a tragedy from occurring. City Attorney Oberholzer stated the transmission lines are covered by a state order, Genera] Order No. 95, by the Public Utilities Commission. The only time nets are required is when work is being performed on the lines. City Manager Caravalho stated he has a staff member working on this issue, and a report will be forthcoming. Councilman Dickerson stated he is concerned about the asphalt paving behind buildings in shopping centers. That asphalt is not designed with the same strength as other parts of a parking lot and, therefore, there are areas where the asphalt and cement do not meet. He has seen numerous accidents and would like the Urban Development Committee to study this issue. Public Works Director Hawley stated he would look into the issue of asphalt parking lots and respond to the Council. Councilman Childs submitted the following names for nom- ination to the Planning Commission to fill the vacancy created by the resignation of Greg Gallion, as follows: Barbara Patrick; Terry Annette Bjorn; Homer S. Montolvo; Cynthia L. Curry; and David L. Cohen. Councilman Childs made a motion to set a two-week deadline, February 27, 1985, for submission of resumes for nomi- nation to the Planning Commission. Councilman Rockoff made an amended motion to set February 20, 1985, as the deadline for receiving resumes for nomination; and February 27, 1985, as a tentative date for making an appointment to the Planning Commission. This motion was unan- imously approved. Bakersfield, California, February 13, 1985 - Page 6 REPORTS Councilman Barton, Chairman of the Urban Development Committee presented a Committee Update regarding Site Plan Review Policy for Community Improvements, as follows: The Urban Development Committee has been meeting with the Coalition, Building Industry Association, and other developers in respect to coming up with a recommendation. The Committee is planning to schedule a meeting shortly with the interested groups and, hopefully, will be back to Council with a recommenda- tion within a short time. Mr. David Doll, Chairman of the Community Coalition for Growth, Development, and Jobs, stated the Coalition has been working with staff and Council Committee relative to the Site Plan Review issue for quite sometime. The Coalition endorses and sup- ports the Resolution in its' the Coalition would feel if Resolution. present form. He did not know how there are other amendments to the will include it as part of the Site Plan Review Procedure. the interim, a note is included with all Site Plan Reviews, cating that this Resolution is presently under review. Mr. Thomas Fallgarter, member of the Coalition, stated he wanted to second what Mr. Doll has said and also caution that the Coalition has agreed to support the Resolution adopted by the Planning Commission. The Resolution has an effective date that exempts projects approved prior to January ], 1985. As time goes by, the City will have more projects being approved that will be subject to the Resolution, but the developers will not have had notice of the Resolution. The Coalition has been concerned from the beginning that developers should have adequate lead time to prepare for the cost of the community wide assessment. In answer to a question by Councilman Dickerson, Public Works Manager Hawley stated once the resolution is adopted, staff In indi- Resolution of the Council of the City of Bakersfield approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring all nonresidential development to pay an assessment to be applied toward the cost of improvements benefiting the entire community. 368 Bakersfield, California, February 13, 1985 Page 7 Councilman Christensen made a motion to adopt a Resolution of the Council of the City of Bakersfield approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring all nonresidential development to pay an assessment to be applied toward the cost of improvements benefiting the entire community. Mr. Dave Price, representing Building Industries of Kern County, stated he would like to point out a few items of interest and clarify the position of the Association. Our Association does not support the resolution as it relates to the fee schedule being proposed. He stated their concern is this particular pro- posal, and also the broader issue of infrastructure finance. It is their contention that any formula used to provide infrastruc- ture finance should involve, what they consider, a broader degree of community support than the current proposal contains. He indicated his association looks forward to working with staff and Council Committee when the off-site improvement issue comes up. They will also continue to work with staff to try and develop some other means to permit them to provide some sort of mechanisim to provide an equitable means of finance. Although their Association is not totally in support of the program, they do rec- ognize there are certain components of it that they feel help to make it more equitable and those components are contained in the version approved by the Planning Commission. As it relates to timing for Site Plan Approvals and certainly time frames for plan check and pulling of permits, their Association endorses the recom- mendation of the Coalition and recommend to the Council the Planning Commission version of the proposal be adopted. In answer to a question by Councilman Dickerson, City Attorney ©berholzer stated there would be a legal problem with including proposed fees in the notification to builders, because it may not be the fees ultimately adopted by the Council. In answer to a question by Councilman Dickerson, City Manager Caravalho stated the Urban Development Committee has indicated a desire for further discussion on the Site Plan Review Policy. Bakersfield, California, February 13, 1985 Page 8 ,369 In answer to a question by Councilman Moore, Public Works Manager Hawley stated the Coalition did not receive the memorandum distributed to the Council. This was a summation of the items discussed at the last meeting, where representatives of the Coalition and Building Industry Association were present. Councilman Moore stated he feels the Coalition and Building Industry Association should have an opportunity to review the items discussed at the last meeting. Mr. David Doll stated he agrees with Councilman Moore in that the Coalition and Building Industry Association should have an opportunity to review the information. However, it was the unstated intention of the Committee to address only the community wide improvement problems and the mechanisim with which to handle those problems. At the most recent Growth and Development Committee meeting, the subject of local off-site was brought up for the first time. The Coalition was informed, previous to that time, that the Committee would only address community wide impro- vement. Now, it appears that they want to address all the issues together. He stated he did not know how to respond to that. In an answer to a question by Councilman Moore, City Manager Caravalho stated the resolution being proposed is the same resolution adopted by the Planning Commission. Mr. David Doll stated the position of the Coalition is that community wide problems should be kept separate because of the time spent preparing the necessary input. The local off-site improvements can be addressed as a separate issue. In answer to a question by Councilman Childs, City Manager Caravalho stated there is no urgency in adopting the Resolution at this time. In discussing the financial impact of a delay, City Manager Caravalho stated this resolution has been discussed for a year and one-half, a week's delay would have min- imal impact. He felt the Council should be comfortable with the Resolution before adopting it. The Coalition and Building Industry Association are indicating they wish to proceed with the resolution intact. 370 Bakersfield, California, February 13, 1985 Page 9 Mr. Thomas Fallgatter stated the Coa]ition's that the community wide improvement assessment should and implemented as adopted by the Planning Commission. position is be adopted Enough study and consideration has local off-site, the Coalition is ready staff or Council Committee to consider mented. These are two separate issues been given to it. With regard to the and willing to meet with how it should be imple- and should be considered separately. staff report. Councilman Christensen's motion to adopt a Resolution of the Council of the City of Bakersfield approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring all nonresidential development to pay an assessment to be applied toward the cost of improvements benefiting the entire community, failed to carry by the following roll call vote: Ayes: Councilmen Childs, Christensen Noes: Councilmen Barton, Dickerson, Moore, Rockoff Absent: Councilman Ratty Referral of Resolution of the City of the City of Bakersfield approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring all nonresidential development to pay an assessment to be toward the cost of improvements benefiting the entire Community. Upon a motion by Councilman Childs, Resolution of the Counci! of the City of Bakersfield approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring all nonresidential development to pay an assessment to be applied toward the cost of improvements benefiting the entire community was referred to the Urban Development Committee for further study to be brought back to Counci! on February 20, 1985. Councilman Christensen voted in the negative on this motion. The Coalition is not agreeable to suggestions in the Bakersfield, California, February 13, 1985 Page 10 371 Councilman Rockoff, Chairman of the Budget and finance Committee, read Report No. 1-85 regarding Recommendation from Historical Preservation Commission regarding the proposal from the Beautiful Bakersfield Committee for the City of Bakersfield to Sponsor the Historical Preservation Awards, as follows: On February 7, 1985, this committee considered the recommendation from the Historical Preservation Commission regarding the proposal from the Beautiful Bakersfield Committee for the City of Bakersfield to sponsor the Historical Preservation Awards. Specifically, the two categories of historical awards are as follows: The award for the individual who restores his or her single fam- ily dwelling at a cost of $50,000 or less and the award honoring the individual, corporate, civic or non-profit group that best educates, promotes, preserves, furthers or otherwise benefits the historical significance of the City of Bakersfield. This from with committee supports the recommendation the Historical Preservation Commission the following conditions: This participation will be for this first year only, with no future commitments at this time. The $850.00 City contribution should be provided by either the Community Development Division or the economic Development Division, not the Genera! Fund. The committee has some concern regarding the final authority on this matter; however, because time is of the essence, if we are going to be able to meet the time schedule, the City Council should delegate to the Historical Preservation Commission the responsibility to submit and review applications and make recom- mendations to the Beautiful Bakersfield Committee as to who should receive each of the two historic awards. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 1-85, regarding Recommendation from Historic Preservation Commission regarding the proposal from the Beautiful Bakersfield Committee for the City of Bakersfield to Sponsor the Historical Preservation Awards was accepted; and recommendations as outlined in the report were approved. 372 Bakersfield, California, February 13, 1985 - Page ll CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of claim Nos. 4144 to 4483, inclusive, in the amount of $884,420.71· Claim for Personal Injuries from Gerald Ronald Hulsey, Jr. aka Gerald Ronald Yeager, c/o Attorney Michael O. Daniels, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from Melanie Margaret and Robert Edward Myrick, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, Bakersfield. (Refer to City Attorney) do Claim for Personal Injuries from Bobby Ray Richardson, c/o Attorney Michael O. Daniels, 1430 Truxtun Avenue, Suite 500, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed from Haliburton Company, for dedication of a portion of Wible Road, immediately north of Pacheco Road, to allow widening to design width. Pole Line Easement from the City of Bakersfield to Pacific Gas and Electric Company, to provide electrical service to the Methane Power Generation Plant now under construction at the City Landfill. Map of Tract No. 4646 and Improvement Agreement, and Grant Deed, Street Right-of-Way Deed and Drainage Easement from Regional Mortgage Company, providing a drainage basin site, additional public street right-of-way and a storm drain easement as required for Tract 4646, located at the northwest corner of Panama Lane and Wible Road. Notice of Completion and Acceptance of Work on: Shallmar Planned Drainage, Phase II, Contract No. 84-243, with Granite Construction. Canal Culvert and Street Improvements, Contract No. 84-237, with Rising Sun Company, located at 34th Street and Eastside Canal. Construction of Water Mainline on Carrier Canal near Truxtun Avenue, Partridge Avenue and Quailridge Drive, Phase I, Contract No. 84-204 with W. M. Lyles Company. Bakersfield, California, February 13, 1985 Page 12 .q73 Application for Encroachment Permit from Mr. Claude Kimball, et al, 1515 20th Street, for construction of tree wells and irrigation system on Chester Avenue and 20th Street at the southwest corner. The proposed project has been reviewed and approved by the Downtown Design Review Board. Application for Encroachment Permit from Frank R. Sousa, 6704 Saddleback Drive, Bakersfield, for the construction of a 28-inch high retaining wall behind the sidewalk at 5813 and 5909 Fairfax Road. Application for Encroachment Permit from California Water Service Company, for construction of a 2 foot high concrete retaining wall along the back of the sidewalk along Union avenue at 1 Jeffrey Street. Approval of Plans and Specifications for Hartman Avenue Storm Drain between Cart Street and Rio Bravo Drive. me Contract Change Order No. 1 to Contract 84-237 with Rising Sun Company for Construction of Canal Culvert and Street Improvements at 34th street and Eastside Canal. This Contract change Order pro- vides for removal of unsuitable subgrade material which was discovered after water was removed from the canal system. The change order increases the original con- tract of $67,553.41 by $8,061.18. Funds are available from savings in completed projects. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, and m of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Dickerson, Moore, Rockoff Noes: None. Absent: Councilmen Christensen, Ratty ACTION ON BIDS Upon a motion by Councilman Childs, low bid of Graybar Electric, in the amount of $9,969.30, for Sports Lighting Luminaires, was accepted and all other bids rejected. Upon a motion by Councilman Barton, low bid of Pacific Power Inc., in the amount of $26,478.80, for furnishing Standby Electric Generating System for Ashe Water Well #15, was accepted and all other bids rejected. 374 Bakersfield, California, February 13, 1985 - Page 13 Upon a motion by Councilman Barton, low bid of San Joaquin Two-Way Radio, in the amount of $5,399.93, for nine Mobile Radios for the Public Works Department, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2959 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of CollegeAvenue approximately 100 feet east of Valencia Street. The application for this amendment was made by Patrick and Henderson, Inc., and would change subject property from an R-I (One Family Dwelling Zone, to an R-2 (Limited Multiple Family Dwelling), or more restrictive Zone. The Planning Commission recommended approval of the amendment, subject to the condition that no more than 144 units be constructed on this 26.5 acre parcel. The proposed 5.4 units per gross acre on subject prop- erty would be consistent with the Low Density designation depicted on the General Plan. Upon a motion by Councilman Rockoff, Negative Declaration and Ordinance No. 2959 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of College Avenue approximately 100 feet east of Valencia Street, finding said zoning consistent with the General Plan, were adopted by the following roll cal! vote: Ayes: Councilmen Barton, Childs, Dickerson, Moore, Rockoff Noes: None Absent: Councilmen Christensen, Ratty Adoption of Ordinance No. 2960 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding pre- zoning of property known as Real No. 5 Annexation. Bakersfield, California, February 13, 1985 Page 14 375 This amendment was initiated by the Planning Commission and would prezone property to an R-1 (One Family Dwelling), or more restrictive Zone. The Planning Commission recommended approval of the pre- zoning for the Real No. 5 Annexation territory to the City Council on January 3, 1985. Upon a motion by Councilman Dickerson, Negative Declaration and Ordinance No. 2960 New Series of the Council of the City of bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Real No. 5 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Upon a motion by Councilman Barton, the following New Business Items were moved forward on the Agenda to be heard at this time: NEW BUSINESS Adoption of Resolution No. 10-85 of the Council of the City of Bakersfield making findings and cer- tifying the Final Environmental Impact Report for proposed annexa- tion of, General Plan Amendments for and Prezoning of Sections 21 and 22, T.30S., R27E., M.D.B.&M. This resolution makes certain findings and certifies completion in compliance with CEQA requirements of the final EIR on the Sections 21 and 22 annexation. The City Planning Commission held a public hearing on the Draft EIR on December 6, 1984, and recommended certification of the Final EIR to the City Council on December 20, 1984. Upon a motion by Councilman Christensen, Resolution No. 10-85 of the Council of the City of Bakersfield making findings and certifying the Final Environmental annexation of, General Plan Amendments Impact Report for proposed for and prezoning of 376 Bakersfield, California, February 13, 1985 - Page 15 Sections 21 and 22, T.30S., R.27E., M.D.B.& M., was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Adoption of Resolution No. 11-85 of the Council of the City of Bakersfield making findings and cer- tifying the Final Environmental Impact Report for proposed annexa- tion of, General Plan Amendments for, and prezoning of property in Section 1T.30S., R26E., M.D.B.& M., and General Plan Amendments and prezoning for property in Section 6,T.30S., R27E., M.D.B.& M. This resolution makes certain findings and certifies completion in compliance with CEQA requirements of the final EIR on the Section 6 General Plan Amendment. The Planning Commission held a public hearing on the Draft EIR on December 6, 1984, and recommended certification of the Final EIR to the City Council on December 20, 1984. Upon a motion by Councilman Childs, Resolution No. 11-85 of the Council of the City of Bakersfield making findings and certifying the Final Environmental Impact Report for proposed annexation of, General Plan Amendments for, and prezoning of pro- perty in Section 1T.30S., R. 26E., M.D.B.& M., was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Noes: None Absent: Councilman Ratty This is the time Rockoff HEARINGS set for public hearing regarding the Amendment to the Land Use and Circulation Elements of the Bakersfield Metropolitan area general Plan concerning the ing general areas: follow- Bakersfield, California, February 13, 1985 - Page 16 , 77 SEGMENT 1: J. STANLEY ANTONGIOVANNI and TENNECO PROPERTY CORPORATION have applied to amend the Land Use Element of the General Plan through expansion to cover the area generally located north of Panama Lane, east of Gosford Road to the Arvin-Edison Canal, more particularly described as the south half of section 21, Township 30 South, Range 27 East, and the southwest portion of Section 22, T.30S., R.27E., south and west of the Arvin-Edison Canal. Proposed Land Use Element designations consist of 16 acres (more or less) of commercial on the northeast corner of Panama Lane and Gosford Road and Low Density Residential (0.5 to 5.49 dwelling units per gross acre) for the remainder of the site (approximately 336 acres). SEGMENT II: TENNECO PROPERTY CORPORATION has applied to amend the Land Use element to depict the following designations as described below: Amend the Low Density residential (0.5 to 5.49 dwelling units per gross acre) des- ignation to Office for 45.1 acres (more or less) generally located southeast of the intersection of Buena Vista Road and Stockdale Highway. Amend the Land Use Element through expan- sion to depict Office for 7.2 acres (more or less) generally located southwest of the intersection of Buena Vista Road and Stockdale Highway. This area is known as the Buena Vista Number 2 Annexation Area. Amend the Low Density residential desig- nation to Commercia! for 21.6 acres (more or less), to Office for 6 acres (more or less), and to High Density residential (17-45 dwelling units per gross acre) for 8.4 acres (more or less), generally located northeast of the intersection of Buena Vista Road and the proposed west- erly prolongation of Ming avenue. THE CITY OF BAKERSFIELD has applied to amend the Circu- lation Element of the Bakersfield Metropolitan Area Gen- era! Plan to allow for the southerly realignment of Stockdale Highway for that portion generally located west of Old River Road to the Kern River. This hearing has been duly advertised and the property owners notified as required by law. The Planning Commission recommended certification of the Final Environmental Impact Reports for Segments I, II and Amendment to the Circulation Element; recommended approval of Segments I and II, with conditions, and with Statements of Overriding Considerations; and recommended approva! of Amendment to the Circulation Element. 378 Bakersfield, California, February 13, 1985 - Page 17 The Planning Commission received a letter from the Kern River Parkway Committee, dated December 29, 1984, and referred the letter to the Council for further consideration. Mayor Payne declared the hearing open for public partic- ipation on Segment I. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing on Segment I was closed for Council deliberation and action. Upon a motion by Councilman Moore, Resolution No. 12-85 of the Council of the City of Bakersfield making findings and approving Segment I of proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area Genera] Plan (Land Use Amendment 4-84), with conditions and Statements of Overriding Considerations, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff None Councilman Ratty Mayor Payne declared the hearing open for public partic- on Segement IIo No protests or objections being received one wishing to speak in favor, the public portion of the on Segment II was closed for Council deliberation and Noes: Absent: ipation and non hearing action. In answer to a question by Councilman Rockoff, Planning Director Sceales stated the recommendation submitted by the Kern River Parkway Committee, in a letter dated December 20, 1984, has not been implemented into Segment II. The area under considera- tion for Segment II is now zoned Office. The Planning Commission did not feel it would conflict with the Kern River Plan. The entire Flood Plain Secondary is owned by the City. The Planning Commission denied the request by the Kern River Parkway Committee, but all correspondence and testimony is submitted to the Council for your information. Mr. Chuck Tolfree, Tenneco Realty Development Corporation, stated he spoke with members of the Kern River Parkway Committee after the Planning Commission Hearing. The Committee felt the proposed amendments went up to the Kern River, Bakersfield, California, February 13, 1985 - Page 18 379 which they do not. He did inform the Committee their request would be considered when development takes place close to the Kern River. Upon a motion by Councilman Moore, Resolution No. 13-85 of the Council of the City of Bakersfield making findings and approving Segment II of proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area Genera] Plan (Land Use Amendment 4-84), with conditions and Statements of Overriding Considerations, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Mayor Payne declared the hearing open for public partic- ipation on the Amendment to the Circulation Element of the Bakersfield Metropolitan Area General Plan. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing on the Circulation Element was closed for Council deliberation and action. Upon a mot}on by Councilman Dickerson, Resolution No. 14-85, of the Council of the City of Bakersfield making findings and approving proposed Amendment to the Circulation Element of the Bakersfield Metropolitan Area General Plan, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Moore, None Councilman Ratty Childs, Christensen, Rockoff NEW BUSINESS Adoption of Emergency Ordinance No. 2961 New Series of the Council of the City of Bakersfield amending Chapter 17.69 of the Bakersfield Municipal Code regarding Adult Entertainment Businesses. This emergency ordinane revises Chapter Bakersfield Municipal Code requirements but retain the Dickerson, 17.69 of the to eliminate certain separation 1,000 feet between adult businesses, 380 Bakersfield, California, February 13, 1985 - Page 19 giving such businesses until April 28, 1985, to move and reducing by six months the additional period of operation at the same location upon Planning Director permit (previously Conditional Use Permit), to require adult businesses to relocate, except for the most senior use, and to eliminate the previous exception for lack of available sites. These changes are recommended to enable the City to achieve the primary objective of the Chapter, elimi- nation of the concentration of adult businesses on 19th Street, in light of the continuing erosion of local authority to address such problems created by recent federal court decisions concern- ing similar ordinances. After a ]engthly discussion, upon a motion by Councilman Dickerson, Emergency Ordinance No. 2961 New Series of the Council of the City of Bakersfield amending Chapter i7.69 of the Bakersfield Municipal Code regarding Adult Entertainment Noes: Absent: Businesses, was adopted by Ayes: Councilmen Barton, Moore, None Councilman Ratty the following roll call vote: Childs, Christensen, Dickerson, Rockoff First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by chang- ing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Stockdale Highway, east of Buena Vista Road, and north of the pro- posed westerly prolongation of Ming Avenue, east of Buena Vista Road. The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an A (Agricultural) Zone to a C-O (Commercial and Professional Office), R-4 (Multiple Family Dwelling) and C-2 (Commercial) or more restrictive Zone. The proposed Zoning would be consistent with the General Plan. Bakersfield, California, February 13, 1985 - Page 20 An Environmental Impact Report has been prepared for the proposed project and associated actions. The Planning Commission approved the zoning and recom- mended approval to the City Council. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Stockdale Highway, east of Buena Vista Road, and north of the proposed westerly prolongation of Ming Avenue, east of Buena Vista Road. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding pre- zoning of property known as Buena Vista No. 2 Annexation. This amendment was initiated by the Planning Commission to Zone Upon Annexation to a C-O (Commercial and Professional Office) or more restrictive Zone. The proposed zoning would be consistent with the General Plan. The Planning Commission approved the Zoning Upon Annexation for Buena Vista No. 2 Annexation and recommended same to the City Council. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Buena vista No. 2 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Panama No. 5 Annexation. 382 Bakersfield, California, February 13, 1985 - Page 21 This amendment was initiated by the Planning commission to Zone Upon Annexation to an A (Agricultural), R-1 (One Family Dwelling), and R-2 (Limited Multiple Family Dwelling) or more restrictive Zones. The proposed zoning would be consistent with Plan. the General The Planning Commission approved the Zoning Upon Annexation the City Council. for Panama No. 5 Annexation and recommended same to First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Panama No. 5 Annexation. First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Wible No. 6 Annexation. initiated by the Planning Commission This amendment was to Zone Upon Annexation to a C-I (Limited Commercial); (One Family Dwelling) or more restrictive Zones. The proposed zoning would be consistent with the Genera] Plan. The Planning Commission approved the Zoning Upon Annexation for Wible No. 6 Annexation and recommended same City Council. and R-1 to the First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Wible No. 6 Annexation. Bakersfield, California, February 13, 1985 - Page 22 Adoption of Resolution No. ]5-85 of the Council of the City of Bakersfield approving the Application and Project Agreement for Historic Preservation Grant Funds for the Baker Street Library Restoration Project from the California Park and Recreational Facilities Act of 1984. The City Council previously reviewed and authorized staff to prepare the grant application. This resolution provides the staff with certification that the City of Bakersfield will provide the local matching funds ($100,000). It is anticipated that these funds will be CDBG Funds from 1985-86 CDBG Grant. The Kern County Board of Supervisors is also sending a similar resoltuion to the State Office of Historic Preservation. The deadline February 20, Upon for receiving these resolution by the State is 1985. a motion by Councilman Christensen, Resoltuion No. 15-85 of the Council of the City of Bakersfield approving the Application and Project Agreement for Historic Preservation Grant funds for the Baker Street Library Restoration Project from the California Park and Recreational Facilities Act of 1984, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Adoption of Resolution No. I6-85 of the Council of the City of Bakers- field proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 299 (Wible No. 6). This the northwest is for the annexation of 30.86+ acres corner of Wible and Planz Roads. located at The Planning Commission recommended approval of the annexation at its regular meeting of January 17, 1985. Upon a motion by Councilman Dickerson, Resolution No. 16-85 of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield 354 Bakersfield, California, February 13, 1985 - Page 23 identified as Annexation No. 299 (Wible No. 6), was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Adoption of Resolution No. 17-85 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 297 (Buena Vista No. 2) and exercising the city's option of not succeeding to Williamson Act Contract and requesting Waiver of Notice and Hearing Procedures for Change of Organization. This is for the annexation of 7.2+ acres located south of the existing alignment of Stockdale Highway, west of Buena Vista Road. An EIR was prepared for this and associated projects. The Planning Commission recommended approval of the annexation at its regular meeting of December 20, 1984. Upon a motion by Councilman Dickerson, Resolution No. 17-85 of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 297 (Buena Vista No. 2) and exer- cising the City's option of not succeeding to Williamson Act Contract and requesting Waiver of Notice and Hearing procedures for Change of Organization, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Adoption of Resolution No. 18-85 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 298 (Panama No. 5) and exercising the City's option of not succeeding to Williamson Act Contract and requesting Waiver of Notice and Hearing procedures for Change of Organization. Bakersfield, California, February 13, 1985 - Page 24 .q 5 This is for the annexation of 650+ acres located north of Panama Lane, east of Gosford Road, south of the Southern Pacific Railroad, west of the Arvin-Edison Canal. An EIR was prepared for this project. The Planning Commission recommended approval of the annexation at its regular meeting of December 20, 1984. Upon a motion by Councilman Moore, Resolution No. 18-85 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 298 (Panama No. 5) and exercising the City's option of not succeeding to Williamson Act Contract and Requesting Waiver of Notice and Hearing procedures for Change of Organization, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Adoption of Resolution No. 19-85 of the Council of the City of Bakersfield fixing time, date and place for hearing report of Building Official specifying work done, cost of work and description of property upon which dangerous buidings have been demolished and hearing any pro- tests or objections thereto. This Resolution sets February 27, 1985, as the date of hearing. Upon a motion by Councilman Christensen, Resolution No. 19-85 of the Council of the City of Bakersfield fixing time, date and place of hearing report of building Official specifying work done, cost of work and description of property upon which danger- ous buildings have been demolished and hearing any protests or objections thereto, was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmen Barton, Childs, Christensen, Moore, Rockoff None Councilman Ratty Dickerson, 386 Bakersfield, California, February 13, 1985 Page 25 Adoption of Resolution No. 20-85 of the Council of the City of Bakersfield establishing the City of Bakersfield appropriation limit for Fiscal Year 1984-85. In answer to a question by Councilman Rockoff, Internal Auditor Franey stated that nonproceeds of taxes are those monies coming from permits and user fees. The unfunded pension liability basically the cost the City incurs for the retirement system every year due to an actuarial deficiency. Part of the City's payment to the Retirement System each year is to fund the actuar- ial deficiency. This amount is based upon acturial studies. California Legislation allows the appropriation limit to be adjusted annually by the lessor of the cost of living or the per capita increases in California, plus real growth (population increases or decreases). This resolution establishes the City of Bakersfield appropriation limit for Fiscal Year 1984-85. Upon a motion by Councilman Rockoff, Resolution No. 20-85 of the Council of the City of Bakersfield establishing the City of Bakersfield Appropriation Limit for Fiscal Year 1984-85, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Noes: None Absent: Councilman Ratty Deferral of Resolution of the Council of the City of Bakersfield establish ing the Official List of designated Special Speed Zones, Pursuant to Chapter 10.24 of the Bakersfield Muni cipal Code. This resolution upgrades speed limits by repealing existing resolutions establishing speed limits and reestablishing speed limits necessary to stay in compliance with California Vehicle Code requirements for radar enforcement of speed limits. Councilman Moore made a motion to adopt a Resolution of the Council of the City of Bakersfield establishing the Official List of designated Special Speed Zones, Pursuant to Chapter 10.24 of the Bakersfield Municipal Code. Bakersfield, California, February 13, 1985 Page 26 387 After a lengthly discussion, Councilman Childs offered a substitute motion to defer for two weeks the Resolution of the Council of the City of Bakersfield establishing the Official List of Designated Special Speed Zones, Pursuant to Chapter 10.24 of the Bakersfield Municipal Code. This motion was unanimously As on approved. Approval of Agreement with Ed Rodgers, Auctioneer, for rental property located at 16th and "S" Streets. (Old Corporation Yard) of previous occasions, Ed Rodgers, Auctioneer, "S" (Old City the City property at 16th and for a public auction. requesting to rent Corporation Yard), City staff considers a daily rental of $75.00 acceptable and would recommend Council approval. In answer to a question by Councilman Childs, Assistant City Manager Russell stated that the old Corporation Yard is in poor condition and is not rented out frequently. Upon a motion by Councilman Barton, Agreement with Ed Rodgers, Auctioneer, for rental of property at 16th and "S" Streets (Old Corporation Yard), with a correction to the date from February 19, 1985 to March ll, 1985, was approved and the Mayor authorized to execute same. In answer to a question by Councilman Christensen, to be City Manager Caravalho stated he has asked Assistant City Manager to poll the Council on the possibility of changing the Council meet- ing dates from Wednesday nights to Tuesday nights. Councilman Moore made a motion to defer discussion about Council meeting dates until February 27, 1985. This motion was unanimously approved. 388 Bakersfield, California, February 13, 1985 - Page 27 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:30 P.M. MAYOR of the City of Bakersfield, Calif. ATTEST: CI'TY CI~ERK and Ex officio Clerk of the Council of the City of Bakersfie]d, California CW Bakers£ield, California. February 20. 1985 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:05 P.M., February 20, 1925. The meeting was called to order by l~ayor Payne, followed by the Pledge of Allegiance and Invocation by Councilman Rollie Moore. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Childs, Christensen, Dickerson, Moore, Ratty (seated at 7:10 P.M.), Rockoff, Barton Absent: None Upon a motion by Councilman Barton a brief recess was declared at 7:10 P.M. and the meelJng was reconvened at 7:40 P.M. SCttEDULED PUBLIC STATEMENTS Beverly Tomlin, 127 South Kincaid Street, requested that the Council consider their proposal of February 7, 1985, for the use of a vacant fire station, located at East Brundage Lane and King Street, for a Community Art and Culture Center. Councilman Childs stated l~s. Tomlin's request has been referred to staff for study and recommendation, along with other requests for use of that fire station. Assistant City Manager Russell stated, at the present Zime, staff is getting appraisals on two fire stations (one on 4th Street and one on Brundage Lane). There have been approximately five proposals submitted for consideration. After the appraisals are received the staff will submit them to a committee, along with a recommendation. CORRESPONDENCE Upon a motion by Councilman Christensen, communication from Kern County Property Management Department, 1415 Truxtun Avenue, dated February 12, 1985, requesting vacation of an Alley located south of the Santa Fe Railroad Tracks and north of 14th Street, between "K" and "L" Streets, was received and referred to the Planning Commission for study and rocommendation. 390 Bakersfield, California, February 20, 1985 - Page 2 Upon a motion by Councilman Childs, communication from Enriquez Construction Company, 1416 Beale Awcnue, dated February 13, ]985, submitting a proposal to build single family homes on five lots owned by the City of Bakersfield in Census Tract 22, was received and referred to the Community Development Department. Councilman Childs requested that staff furnish him with the addresses of properties in the Enriquez Construction Company's proposal. Upon a motion by Councilman Rockoff, communication from Larry R. Cox, Greater Bakersfield Chamber of Commerce, dated February 13, 1985, providing information regarding downtown redevelop- ment, was received and ordered placed on file. COUNCIL STATEMENTS Upon a motion by Councilman Barton, letter from the Hayer to the Economic Development Administration submitting a preapplication requesting grant fundings, in the amount of $22,000, under Section 302 (a) of the Public Works and Economic Development Act of 1965 - Planning Assistance ]or Urban Areas, was approved and the Mayor was authorized to execute same. Councilman Childs stated each Councilman received a memorandum, dated February 20, ]985, regarding a tour of Ward No. 1 on March 7, 1985, beginning at 10:30 A.M. Anyone who wants to attend should meet in the City Manager's Conference Room at ]0:30 A.M. The Council has also been invited to a luncheon that day at the Senior Citizen's Center on 4th Street. Upon a motion by Conncilman Childs, applications from L. Bruce Nybo and Robert A. Hutchinson for the vacancy on the Planning Commission, were accepted and acceptance of applications for this vacancy was closed. REPORTS Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. ~-85 regarding Societ~ of Petroleum Engineers, as follows: Bakersfield, California, February 20, 1985 - Page 3 At the February 6, 1985, City Council Meeting, the letter from R. A. Shore regarding the 1985 Society of Petroleum Engineers Regional Meeting was referred to the Auditorium and Community Services Committee. We recently met with the City Manager and Auditorium staff in regards to this matter, and they have assured us that every- thing possible is being done to assure Mr. Shore and his society that a successful event will take place for them during the week of March 27, 1985. Fire Chief Dennis Needham, Redevelopment Coordinator Dave Kennon and Auditorium Manager Charles Graviss have been made aware of this event and wi]] make every necessary arrangement. This report is for the Counci]'s information and no action is required other than acceptance of the report. Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. ]-85 regarding Society of Petroleum Engineers, was accepted. Councilman Rockoff, ChaSrman of the Budget and Finance Committee, read Report No. 2-85 regarding Proposed Change in the Maximum Deferred Loan Amount as follows: On January 5, 1983, the City Council authorized staff to increase its loan limits for its Home Improvement Program. At that time we increased our amortized loan from $15,000 to $27,000. We also increased our deferred loan from $7,500 to $10,000. The amortized loan serves those low and moderate income families that have the ability to assume additional debt. The increase in the loan limits for that program have proven to be sufficient. We are able to meet the, housing rehabilitation needs of loan recipients with the $27,000 maximum loan. The area we are experiencing problems with is the deferred loan program. We have a list of 15 loan candidates that have major problems with their homes. The $10,000 maxlmum is proving to be insufficient to complete the necessary repairs. The properties that are being served with this program are occupied by p~ople at or below the poverty level. In most cases $10,000 is no longer enough to get the work done. Through discussions with staff it appears that $15,000 would be a more adequate amount to completely rehabilitate the dwelling. THEREFORE, it is recommended that the deferred loan limit be increased to $15,000. All other aspects of the program will remain the same. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 2-85 regarding Proposed Change in the Maximum 392 Bakersfield, California, February 20, 1985 - Page 4 Deferred Loan Amount, was accepted; and deferred loan limit was increased to $15,000.00. City Manager Caravalho presented City Manager's Report No. 1-85 regarding Legislative Committee for City Council, as follows: The Legislative Committee met on February 12, 1985, regarding the role of the Legislative Committee. At the conclusion of the meeting, it was recommended that the City Manager give a short report to the City Council regarding this matter. The following was agreed upon: Legislative Bulletins from the League will be submitted to the City Council on a monthly basis with suggestions from staff on which legislation they feel the Legislative Committee should discuss and recommendations from the Committee be forwarded to the Council for action. In addition to the staff suggestions, each Councilman can recommend issues he feels need to be considered by the Committee. The Council can then vote on each issue as to whether it should be submitted to the Legislative Com- mittee. This Committee is also recommending Council approval that the Legislative Committee be authorized to hold meetings annually wilh State and Federal Legislators to keep them informed on pressing local issues. Councilman Moore suggested that meetings be held with State and Federal Legislators as required, rather than annually to provide more flexibility. Upon a motion by Councilman Childs, City Manager's Report No. 1-85 regarding Legislative Committee for City Council, was accepted; and recommendations as outlined in the report, were approved with the stipulation that meetings with State and Federal Legislators be held as required. Councilman Childs, Chairman of the Personnel Committee, read Report No. 1-85 regarding New Po';ition, Clerk-Steno I, Economic Development Division, as follows: Since the establishment of the Redevelopment Agency thirteen years ago, this division has operated w~th one-full-time secretary and a Bakersfield, California, February 20, 1985 - Page 5 293 part-time clerical employee. As the Council is aware, the level of activity has increased significantly recently and it appears this work- load will continue. During the month of January, the Agency approved its annual budget, which included expenses for the secretary, plus a full-time Clerk Steno I. Since the Agency cannot approve additional employees, this matter was referred to the Personnel Committee for review and recommendation to the. Council. This Committee recently met wfith the City Manager and staff to review the memorandum which details the need £or this new position. A Clerk Steno I is presently paid $1,128 to $1,371 per month with an annual cost, including benefits, of $19,000. This is approximately $5,000 more per year than is presently being paid for temporary help. Based on the needs of the Economic Development Division and the relatively low increase in costs, the Personnel Committee is recommending Council approval of one additional Clerk Steno I position for the Economic Development Division. Upon a motion by Councilman Childs, Personnel Committee Report No. 1-85 regarding New Position, Clerk Steno I, Economic Development Division. was accepted; and new position of Clerk Stenc I for the Economic Development Division, was approved. City Manager Caravalho presented a report regarding Mayor Payne's request regarding Debris on the Property at the Northwest Corner of South Real and Wilson Roads, as follows: A notice to the property owner to clean the vacant parcel on the northwest corner of South Real Road and Wilson Road will be in the mail February 15, 1985. An effort is also underway to find the persons dumping illegally at this location. Some evidence has been found on the site that may help ~n this regard. Councilman Dickerson expressed his appreciation for the reports from the City Manager responding to his requests regarding Vacant Lots in Redevelopment Area, Hazardous Material Listing, Financial Codes. Realignment of Ward Boundaries, Power Line Problem at New Stine Road and White Lane and Pavement Thickness in Shopping Center Truck Loading Areas. Counciman Ratty stated he thought that when Councilmen request information it is to be pul in writing and a copy furnished to each Councilman in their packets and not placed on the Agenda. 394 Bakersfield, California, February 20, 1985 - Page 6 Councilman Dickerson stated, in the future, he will make h~s requests directly to staff. Staff can respond to his requests and furnish copies to the Council, rather than taking the time of the Council and public in meetings. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Allowance of Claims Nos. 4484 to 4697, inclusive, in the amount of $366,729.77. b. Claim for Damages and Persona] Injuries from Gosundi, General Delivery, Bakersfield. (Refer to City Attorney) Claim for Damages and Personal Injuries from Linda Pryor, 4030 Niles Street, Bakers- field. (Refer to City Attorney) Claim for Damages from Alan Munro Bullman, 2209 Westhaven Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages 220 Price Street, City Attorney) from Elda Fay Bakersfield. VanWorth, (Refer to Claim for Implied and Comparative Indemnity from Rex Fulton Hi]bish, c/o Clifford, Jenkins & Brown, Attorneys at Law, 1605 "G" Street, Bakersfield. (Refer to City Attorney) Claim for Damages from James L. and A. Thompson, 6017 Amber Oaks Avenue, field. (Refer to City Attorney) Melanie Bakers- h Leave to Present Late Claim for Damages from Pacific National Insurance Company, 1520 East Shaw Avenue, Suite 103, Fresno, California, on behalf of William R. and Mary E. Gardner, 2217 Steven Court, Bakers- field. (Refer to City Attorney) Claim for Damages from Lawrence Egan, c/o Peggy S. Fuller, Attorney at Law, 160] "F" Street, Bakersfield. (Refer to City Attorney) j Street Right-of-Way Deed from James W. and Doreen Boy]an providing for dedication of Renfro Road, as required by the Planning Commission for Tract Nos. .i708 and 4709, located at southeast corner of Stockdale Highway and Renfro Road. Maps of Tract Nos. 4706, Units 1 & 2, and 4707, Units 1 & 2, with Sierra Building Corporation for construction of improvements therein, located in the area southwest of Stockdale Highway and Jenkins Road; Grant Deeds from Sierra Building Corporation for a public park site, drainage basin site and water well site; and Public Street Right-of- Way Deeds from James W. and Doreen Boylan. Bakersfield, California, February 20, 1985 - Page 7 .295 Plans and Specifications for the widening of Coffee Road from Westfield Drive to the Kern River and modi£Jcation of the Truxtun Avenue Extension shoulder area. Contract Change Order No. 1 to Contract No. 84-220 with SJC Engineering Contracting, Inc., for Union Avenue Culvert Extension at Eastside Canal and Reinforced Concrete Box Culvert on Sacramento Street at East- side Canal. This Change Order provides for removal of unsuilable subgrade material, which was discovered after water was re- moved from the canal system and increases the original contrael of $161,123 by $8,033.34. Upon a motion by Counci]man Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1 and m of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Childs, Christensen, Dickerson, Moore, Ratty. Rockoff, Barton Noes None Absent: None ACTION ON BIDS Upon a motion by Councilman Barton, low bid of Suzuki of Bakersfield, in the amount of $50,085.00, for nine Police Motor- cycles, was accepted and all other bids rejected. Upon a motion by Councilman Moore, low bid of Gen-Par Construction Company, in the amount of $26,787.00, for Concrete Block Pumphouse for Ashe Water Pumping Station No. ]5, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, action taken on March 7, 1984, awarding the purchase of one lightweight pickup truck to Bakersfield Dodge, Inc., was rescinded, and authorization was granted to rebid the item. DEFERRED BUSINESS Adoption of Ordinance No. 2962 New Series of the Council of the City of Bakersfield amending Section ]7.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakers- field regarding prozoning of property known as Buena Vista No. 2 Annexation. 396 Bakersfield, California, February 20, 1985 - Page 8 Office) Plan. This amendment was initiated by the Planning Commission to Zone Upon Annexation to a C-O (Commercial and Professional Zone. The proposed zoning is consistent with the General The Planning Commission approved the Zoning Upon Annexa- tion for Buena Vffsta No. 2 Annexalien and recommended same to the City Council. Upon a motion by Councilman Ratty, Ordinance No. 2962 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prozoning of property known as Buena Vista No. 2 Annexation, finding said zoning consistent with the Ayes Noes Absent: General Plan, was adopted by the following roll call vote: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton None None Adoption of Ordinance No. 2963 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.()6 (Zoning Map) of the Municipal Code of the City of Bakers- field regarding prozoning of property known as Panama No. 5 Annexation. This amendment was initiated by the Planning Commission to Zone Upon Annexation to an "A" (Agricultural), R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling Zones. The proposed zoning is consistent with the General Plan The Planning Commission approved tile Zoning Upon Annexa- tion for Panama No. 5 Annexation and recommended same to the City Council. Upon a motion by Councilman Dickerson, Ordinance No. 2963 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prozoning of property known as Panama No. 5 Annexation, finding said zoning consistent Bakersfield, California, February 20, 1985 - Page 9 297 with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barlon Noes: None Absent: None Adoption of Ordinance No. 2964 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zening Map) of the Municipal Code of the City of Bakers- field regarding prezoning of property known as Wible No. 6 Annexation. This amendment was initiated by the Planning Commission to Zone Upon Annexation to a C-1 (Limited Commercial) and R-1 (One Family Dwelling) Zones. The proposed zoning is consistent with the General Plan. The Planning Commission approved the Zoning Upon Annexa- tion for Wible No. 6 Annexation and recommended same to the City Council. Upon a motion by Councilman Dickerson, Negative Declaration and Ordinance No. 2964 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as WJble No. 6 Annexation, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes: None Absent: None Adoption of Ordinance No. 2965 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipa] Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Stock- dale Highway, east of Buena Vista Road, and north of the proposed westerly prolongation of Ming Avenue, east of Buena Vista l[oad. 398 Bakersfield, California, February 20, 1985 - Page 10 Ayes: Noes: None Absent: None The application for this amendment was made by Tenneco Realty Development Corporation and would change subject property from an "A" (Agricultural) Zone to a C-O (Commercial and Pro- fessional Office), R-,t (Multiple Family Dwelling) and C-2 (Commercial) Zones. The proposed zoning is consistent with the General Plan and an Environmental Impact Repori was prepared for the proposed project and associated actions. The Planning Commission recommended approval of the amendment. Upon a motion by Councilman Moore, Ordinance No. 2965 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Stockdale Righway, east of Buena Vista Road, and north of the proposed prolongation of Ming Avenue, east of Buena Vista Road, finding said zoning consistent with the General Plan, was adopted by the following roll call vote: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Acceptance of Report No. 2-85 from Urban Development Committee regarding Community-Wide Improvement Develop- ment Fees. Councilman Barton, Chairman of the Urban Development Committee, read Report No. 2-85 regarding Community-W~de Improve- ment Development Fees, as follows: The Urban Development Committee met again last week with representatives of the Coalition for Growth, Development and Jobs and the Building Industry Association in regards to Development Fees to pay for transportation improvements. As a result of this meeting, we are now prepared to make a recommendation approving a resolution on community-wide improvements with the support of both the Coalition and the BIA. This resolution, upon adoption. will ~mplement the following schedule: Bakersfield, California, February 20, 1985 Page ll 399 Adoption of Resolution February 20, 1985 Site Plan Notification February 4, 1985 Exemptions: Site Plans approved prior to: January 1, 1985 Plan Cheeks approved prior to May 22, 1985 Building Permits issued prior to: November 22, 1925 The proposed local off-site resolution appears to be conceptually agreeable; however, there are two areas of concern: (1) no cap on assess- ments for major retail (]00,000 square feet) developments, and (2) community-wide improvements projects could also be assigned to local off- site improvements. This does not mean that these two issues might not bring up other areas of concern for discussion. The implementation dates for the local off-site resolution are acceptable by the Coalition and the BIA and are as follows: Adoption of Resolulion July 1, 1985 Site Plan Notification February 20, 1985 Exemptions: Site Plans approved prior to: January 1, 1985 Plan Cheeks approved prior to: July 1, 1925 Building Permits issued prior to: July 1, 1985 This Committee, the Coalition and BIA will continue to work toward agreement on this resolution in a timely manner in order to meet the implementation date of approximately July 1, 1985. The Urban Development Committee is recommending Council approval of the Community-wide proposed resolution. Upon a motion by Councilman Barton, Urban Development Committee Report No. 1-85 regarding Community-Wide Improvement Development Fees, was accepted. Mr. Tom Fallgaiter, Attorney at Law representing the Community Coalition for Growth, Dewelopment and Jobs (David Doll President), expressed their appreciation to the Committee for their hardwork and stated they agree with the report and are pleased with the resolution that was reached regarding the Community-Wide assess.- ments. They look forward to working with the Committee on the local off-site assessments and will make every effort to resolve that as quickly and fairly as possible. 40O Bakersfield, California, February 20, 1985 - Page 12 Adoption of Resolution No. 21-85 of the Council of the City of Bakers- field approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring all Nonresidential Development to pay an assessment to be applied toward the cost of improvements benefiting the entire community. Upon a motion by Councilman Barton, Resolution No. 21-85 of the Council of the City of Bakersfield approving and adopting Site Plan Review Policy adopted by the Planning Commission requiring all Nonresidential Development to pay an assessment to be applied toward the cost of improvements benefiting the entire community, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes: None Absent: None HEARINGS This is the time set for public hearing on an Ordinance of the Council of the City of Bakersfield adding Chapter 8.60 to the Bakersfield Municipal Code adopting by reference, as amended, Ordinance No. G-3941 of the Board of Supervisors of the County of Kern (Division 8 of Part 3 of the Ordinance Code of the County of Kern) relating to Underground Storage Tanks Copraining Hazardous Substances. This ordinance was given first reading at the meeting of January 30, 1985. This hearing was duly advertised and posted and no written protests or objections were filed in the City C]erk's Office~ This ordinance adopted by reference Kern County Ordinance No. G-3941. Pnrsuant to this ordinance, the Health Officer will enforce regulations governing the underground storage of hazardous substances uniformly within the City and County. Mayor Payne declared the hearing open for public partici- pation. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Bakersfield, Cali£ornia, February 20, 1985 - Page 13 County of County of Hazardous Ayes: Upon a motion by Councilman Ratty, Ordinance No. 2966 New Series of the Council of the City of Bakersfield adding Chapter 8.60 to the Bakersfield Municipal Code adopting by reference, as amended, Ordinance No. G-3941 of the Board of Supervisors of the Kern (Division 8 of Part 3 of the Ordinance Code of the Kern) relating to Underground Storage Tanks Containing Substances, was adopted by the following roll call vote: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the C~ty of Bakersfield located on the northeast corner of Wilson Road and Planz Road, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Rex L. Martin and would change subject properties from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Develop- ment) Zone, consisting of 16, one and two-story structures, containing 70, two and three bedroom apartment units with open space and swimming pool. The Planning Commission r~commended approval of the amendment, subject to the plan, as modified, to allow 62-units with single story units on the entire perimeter of the project and to include the conditions listed in the staff report. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northeast corner of Wilson Road and Planz Road, and making findings in connection with a P.U.D. Zone. Noes: None Absent~ None 402 Bakersfield, California, February 20, 1985 - Page 14 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfiald regarding prezoninE of property known as Harris No. 4 Annexation. This amendment was initiated by the Planning Commission to Zone Upon Annexation to an R-S (Residential Suburban), R-1-.CH (Single Family - Church), and C-1 (Limited Commercial) Zones. The proposed zoning is consistent with the General Plan. The Planning Commission approved the Zoning Upon Annexa- tion for Harris No. .t Annexation and recommended same to the City Counci]. F~rst reading was cons4dered given an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter ]7.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Harris No. 4 Annexalion. Adoption of Hesolution No. 22-85 of Application of the Council of the City of Bakersfield proposing pro- ceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 300 (Harris No. 4). This is for the annexation of 29.1 + acres of land, located at the northeast corner of Stine and Harris Roads, and on the east side of Stine Road approximately 1,000 feet north of Harris Road. The Planning Commission recommended approval of the annexation at its regular meeting of January 17, 1985, and February 7, 1985. Upon a motion by Councilman Dickerson, Resolution No. 22-85 of Application of the Council of the City of Bakersfield proposing proceedings for annexation of Bakersfield identified as Annexation No adopted by the following roll call vote Ayes: Councilmen Childs, Christensen Hockoff, Barton Noes: None territory to the City of 300 (Harris No. 4), was Dickerson, Moore, Ratty, Absent: None Bakersfield, California, February 20, 1985 - Page 403 This Week with that Adoption of Resolution No. 23-85 of the Council of the City of Bakers- field declaring the week of April 15 through April 20, ]985, as Earthquake Preparedness Week. resolution coordinates a local Earthquake Preparedness declared by the Governor of the State of California. Upon a motion by Councilman Christensen, Resolution No. the Council of the City of Bakersfield declaring the week 23-85 of of April was adopted by Ayes 15 through April 20, 1985, as Earthquake Preparedness Week, the following roll call vote: Councilmen Childs, Christensen, Dfckerson, Rockoff, Barton Noes Absent: Authorization granted to use $25,000 in savings to install fencing at the West Reservoir at Wastewater Treat- ment Plant No. 2 and proceed with bidding requirements. None None Moore, Ratty, It is the recommendation of the Public Works Manager and City Attorney that fencing be installed around the Storage Reservoir at Plant No. 2 to keep out unauthorized individuals. The estimated cost to fence the West Reservoir is $80,000. $55,000 is budgeted in the Sewer Enterprise Fund for fencing. The remaining $25,000 is available from savings on completed projects. The East Reservoir will be included in the 1985-86 Capital Improvement Budget. Upon a motion by Councilman Moore, authorization was granted to use $25,000 in savings to install fencing at the West Reservoir at Wastewater Treatment Plant No. 2 and proceed with bidding requirements. Authorization granted to use $121,000 from the Municipal Improvement Bond Construction Fund to complete drainage facilities (Shalimar Planned Drainage Area). The Shaltmar Planned Drainage Area requires subdividers to construct drainage improvements or pay in lieu fees, which are to be used to pay a portion of the cost of the planned facilities. 404 Bakersfield, California, February 20, 1985 - Page 16 To make the drainage system usable for those developers who have already paid in lieu fees. it is desirable to complete the drainage system at this time. $121,000 is needed to cover the cost of the project. Sufficient ftlnds are available in the 1966 Municipal Improvement Bond Construction Fund. As in lieu fees are collected from developers in the area, the City's Construction Fund will be reimbursed. Upon a motion by Councilman Ratty, authorization was granted to use $121,000 from the Municipal Improvement Bond Construction Fund to complete drainage faciIifies Drainage Area). Approval of Amended Contract with J. J. Van Houten for additional work on the Noise Element of the General Plan and approval of Budget Transfer, in the amount o£ $3,750, from the Council's Contingency Fund to the Planning Department. (Shalimar Planned. Testimony received during the public hearing of the Noise update draft reflected concern over policies in the Noise requiring acoustical analysis of developments within areas Element Element identified as impacted by noise and the effect of policies on construction. It was felt that the Noise Element should go further in developing solutions to identified problems, and the Planning Commission, citizens, advisors and staff feel that an Implementation Program, showing the types of construction, which would automatically comply with the noise attenuation of the plan should be added to the City's Noise Element. This work would be in addition to the original contract with J. J. Van Houten (82-]81), and it is requested that Council approve a Budget Transfer from the Council Contingency Fund to the Planning Department, in the amount of $3,750, to cover additional work on the Noise Element. Upon a motion by Councilman Barton, Amended Contract with J. J. Van Houten for additional work on the Noise Element of the General Plan, was approved, the Mayor wss authorimed to execute Bakersfield, California~ February 20, 1985 - Page 17 , 05 same; and Budget Transfer, Council's Contingency Fund in the amount of $3,750, from the to the Planning Department, was approved. Adoption of Resolution No. 24-85 of the Council of the City of Bakers- field providing for the adjustment of Property Tax revenues upon Local Agency jurisdictional change resulting from Annexation No. 295, LAFCO Proceeding No. 865 (California Avenue No. 5). This resolution sets forth the agreed Property Tax distribution between the City and County on Annexation No. 295, LAFCO Proceeding No. 865 (California Avenue No. 5). This resolution must be adopted at the Council Meeting of February 20, 1985, in order to meet the deadline established by LAFCO. The Board of Supervisors will have a similar resolution presented to them for their adoption this month. Upon a motion by Councilman Childs, Reso]ution No. 24-85 of the Council of the City of Bakersfield providing for the adjust- ment of Property Tax revenues upon Local Agency jurisdictional change resulting from Annexation No. 295, LAFCO Proceeding No. 865 (California Avenue No. 5), was adopted by the following roll call vote: Ayes: Councilmen Childs, Rockoff, Noes: None Absent: None Christensen, Dickerson, Moore, Ratty, Barton ADJOURNMENT further business to come before There being no Council, upon a motion by Councilman adjourned at 8:30 the Christensen, the meeting was MAYOR of the City of ~akersfield, Cali f. ATTEST: //~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma 4O6 Bakersfield, Califormfa, February 25, 1985 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 4:30 P.M., February 25, [[985. The meeting was called to order by Vice-Mayor Barton, followed by the Pledge of Allegiance and Rol]ie Moore. Present: Absent: Invocation by Councilman The City Clerk called the roll as Mayor Payne (seated at 6:10 P.M.). Dickerson, Moore, Ratty, Rockoff, None CLOSED SESSION by Councilman Moore, Upon a motion to a Closed Session Labor Relations and special meeting was Council, adjourned follows: Councilmen Christensen, Barton, Childs the Council recessed at 4:35 P.M., for the purpose of discussing City Manager's Performance Evaluation. The reconvened at: 6:36 P.M. ADJOURNMENT There being no further business to come before the upon a motion by Councilman Moore, the meeting was at 6:40 P.M. MAYOR of the City of Bak~ersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, February 27, 1985 407 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., February 27, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Councilman Moore. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Absent: None Minutes of the recessed meeting of February 6, 1985, as presented. SCHEDULED PUBLIC STATEMENTS Steve Walsh, Bakersfield Life Style Magazine, pre- with a Charter Membership to the Spud Malone were approved Mr. sented the Council Fan Club. CORRESPONDENCE Upon a motion by Councilman Barton, communication from the Building Industry Association of Kern County, 5405 Stockdale Highway, Suite 112A, Bakersfield, dated February 25, 1985, regard- ing Planning Commission appointments was received and placed on file. Councilman Barton stated that due to a real or imaginary conflict of interest, he would not participate in the following matter. Councilman Dickerson stated that due to a real or imagi- nary conflict of interest, he would not participate in the follow- ing the following matter. Upon a motion by Councilman Ratty, communication from Blues Brothers Soccer Club, 2608 College Avenue, Bakersfield, dated February 25, 1985, mit to sell fireworks at annexation of that area, Department. Councilmen Barton and Dickerson abstained from in this matter. regarding request for continuance of per- the corner of Wible and Planz Roads after was received and referred to the Finance voting Bakersfield, California, February 27, 1985 Page 2 Upon a motion Planning Commission Meeting of March 13, In answer location of seismic COUNCIL STATEMENTS by Councilman Childs, action on the appointment was deferred until the Council 1985. to a question by Councilman Childs regarding studies, Public Works Manager Hawley stated seismic tests were done on several streets in the Southwest area. A presentation was made before the Council, including a map out- lining several major arterials where the studies would be made. A condition of approval, for conducting the tests, was notification to adjacent residents in advance and having someone on duty at all times to respond to questions. He was not aware of any tests being conducted on City streets without a permit. Councilman Childs stated he would contact the Public Works Department to verify if tests were conducted at any loca- tions other than those for which permits had been issued. His reason for bringing this issue up was that residents on Lakeview Avenue had been notified of seisimic tests, and he wondered if the company had requested additional sites. He questioned whether it would not have been appropriate for the company to come back to Council, and then he would have been aware that tests were going to be conducted and been in a better position to answer questions. Councilman Dickerson conducted on Sunday along need to be inconvenienced advise him after checking Public Works Manager apprised staff that Harris Road. He does on weekends and would into the situation. Hawley stated he would review the time seismic tests were not feel residents like staff to limits and will contact the contractor regarding the Council's concerns. Councilman Ratty amended his motion that communication from Blues Brothers Soccer Club, 2608 College Avenue, Bakersfield, dated February 25, 1985, regarding a request for continuance of Bakersfield, California, February 27, 1985 - Page 3 409 permit to sell fireworks after annexation of that approved with Councilmen voting. at the corner of Wible and Planz Roads area was approved. This motion was Barton and Dickerson abstaining from Mayor Payne stated that City Manager Caravalho recom- mended the Council discuss the procedure for handling the Kern River Plan Public Hearing. Councilman Christensen recommended the Council use the same procedure being used for the Redevelopment Agency meeting. City Attorney Oberholzer stated the procedure for public hearings is outlined in the ordinance. In answer to a question by Mayor Payne, City Attorney Oberholzer stated Mayor Payne and Councilman Ratty should not abstain from discussing the procedure for public hearing on the Kern River Plan. In answer to a question, City Attorney Oberholzer stated that the proponents and opponents are each allowed thirty minutes. The amount of time allocated per person will depend on how many people wish to speak during that thirty minute period. Councilman Rockof[ stated he wanted the motion to be consistent with what was done at the Redevelopment Agency meeting, which means that the Council would have to add the proviso that the time be equally divided among those who wish to speak. After a lengthly discussion, Councilman Christensen made a motion to conduct the Kern River Plan Hearing in accordance with the City Ordinance governing public hearings at City Council Meetings, and a proviso be added that the time be equally divided among those persons wishing to speak. This motion was unanimously approved. Councilman Moore stated that at the last meeting of the Kern Council of Governments correspondence was received indicating that Bakersfield has been placed No. 2 on the priority list by Cal Trans to study an Inter-Model Facility. This means been $50,000 allocated from the State for a study. City are contributing $25,000 each. that there has KernCog and the 410 Bakersfield, California, February 27, 1985 Page 4 Therefore, there is $100,000.00 allocated for final site location and preliminary building design. This does not mean that the monies are not available to actually build the facility. Next year there will be an additional funding request in hopes of get- ting construction monies. The City's position is much better as a result of the action taken. Councilman Moore stated that at the February 26, 1985, meeting, the Local Agency Formation Commission voted unanimously to support AB 115 proposed by Cortese. LAFCO Director Whittemore, requested that each city within the county take similar action. AB 115 will act to consolidate previous laws that had impact on boundary designations. Currently, there are three laws that have an affect on local government in California: Knox-Nesbitt Act of 1963; District Reorganization Act of 1965; and Municipal Organization Act of 1977. Together, these laws contain many par- allel and duplicate provisions. Similar procedures may vary slightly from one law to another, and the various procedures nec- essary for one type of action may be found in widely separated sections of the law. This situation can make boundary change pro- ceedings complicated and confusing for LAFCO's, counties, cities, special districts and the public. The revision would combine the three existing laws into one law with five parts. Upon a motion by Councilman Moore, Assembly Bill 115 was referred to the Legislative Committee for study and recommendation back to the Council. Councilman Moore stated he received correspondence from the Panama Union School District expressing their gratitude for the support, interest and help that Fire Chief Needham has pro- vided during the attempted move of the Magna Corporation. He also thanked Fire Chief Needham for all his efforts in this regard. Councilman Christensn placed into nomination the name of Lawrence R. Henry, 3212 Purdue Drive, Bakersfield, for the vacancy on the Board of Building Appeals, and he indicated he would pro- vide copies of the resume to the Council. !11 Bakersfield, California, February 27, 1985 - Page 5 The a. ge CONSENT CALENDAR following items were listed on the Consent Calendar: Allowance of Claim Nos. 4698 to 4773, inclusive, in the amount of $163,321.25. Claim for Damages from M. Scott Hurlbert, 1830 Orange Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Pacific Gas and Electric Company, 1918 "B" Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Louise Ott, 805 Greenwood Drive, Bakersfield. (Refer to City Attorney) Street Right-of-Way Deed and Water Line Easement from G. C. Investments, provid- ing additional right-of-way on Stockdale Highway for public street purposes, and an easement for water lines as required for development located at the northeast corner of Stockdale Highway and Coffee Road. Quitclaim Deed of a Storm Drain Easement from the City of Bakersfield to Donald L. Lee, provides for quitclaiming an unused storm drain easement in exchange for a storm drain easement approximately 50 feet to the east. The easements are located south of Coventry Drive east of Larson Street. Utility Easement from the City of Bakersfield to Pacific Bell providing communications service to the Methane Power Generation Plant now under con- struction at the City Landfill. Notice of Completion and Acceptance of Work on furnish manufactured electrical panelboard for Ashe Water Pumping Station #14, Contract No. 84-124, with Delphi Instruments. Notice of Completion and Acceptance of Work on Westwold Park Parking Area Tie-In, Contract No. 84-251, with Jack Burtch Company, Incorporated. Notices of Completion and Acceptance of Work on: Tract No. 4726, Contract No. 84-240, U.S. Homes Corporation, located on Beechwood Street at Starwood Lane. with Parcel Map No. 7256, Contract No. 84-79, with Tenneco Realty Development Corporation, located on Chinon Street at Limoges Way. Plans and Specifications for the improve- ment of Oswell Street between Freeway 178 and Columbus Street, and Columbus Street between Auburn Street and Panorama Drive. 412 Bakersfield, California, February 27, 1985 Page 6 Plans and Specifications for Rehabilitation of a 54-inch storm drain in 21st Street between Westwind Drive and Oak Street. Plans and Specifications for construction of "Phase II Earthwork" portion of 2800 acre development project. This project will complete the earthwork portion of Phase II of the 2800 acre groundwater recharge facility. Agreement between the City of Bakersfield and Bakersfield Pre-Sort providing mail sorting services that reduce postage on First-Class Mail. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, and n of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Upon a motion Construction, in the amount tions at California Mohawk Street; Ming Westholme Boulevard; ACTION ON BIDS by Councilman Moore, low bid of Granite Drive, was accepted, the other bid rejected, the Mayor authorized to execute the contract, and authorization granted to use $38,761.00 from savings in the Transportation Fund. Upon a motion by Councilman Childs, low bid of California State Contract, in the amount of $175,354.60, for Fourteen Police Special Sedans was accepted and all other bids rejected. Upon a motion by Councilman Moore, low bid of A. C. Electric, in the amount of $81,747.00, for Traffic Signal System on California Avenue at Marella Way was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director author- ized to negotiate a price within the amount budgeted, for Mobile Radios with Motorola Communications. of $61,061.00, for Median Modifica- Avenue and Chester Lane; California Avenue and Avenue and Stine Road; Ming Avenue and and Stockdale Highway near Cherry Hills Bakersfield, California, February 27, 1985 Page 7 413 DEFERRED BUSINESS Adoption of Ordinance No. 2967 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Harris No. 4 Annexation. amendment was initiated by the Planning Commission This to Zone Upon Annexation to an R-S (Single Family - Church), and C-1 proposed zoning is consistent with The Planning Commission approved Annexation for Harris No. 4 Annexation and City Council. (Residential Suburban), R-1-CH (Limited Commercial) Zones. The the General Plan. the Zoning Upon recommended same to (Planned Upon a motion by Councilman Dickerson, Negative Declaration and Ordinance No. 2967 New Series of the Council of the City of Bakersfield amending Section ]7.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Harris No. 4 Annexation, finding said zoning consistent with the Genera] Plan, were adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Adoption of Ordinance No. 2968 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northeast corner of Wilson Road and Planz Road, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Rex b. Martin and would change subject properties from a P.U.D. Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone, containing 70, two space and swimming the consisting of 16, one and two-story structures, and three bedroom apartment units with open pool. 414 Bakersfield, California, February 27, 1985 Page 8 None The Planning Commission recommended approval of the amendment, subject to the plan, as modified, to allow 62-units with single story units on the entire perimeter of the project and to include the conditions listed in the staff report. Upon a motion by Councilman Dickerson, Negative Declaration and Ordinance No. 2968 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code changing the land use zoning of those certain properties in the City of Bakersfield located on the northeast corner of Wilson Road and Planz Road, and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: Absent: None Adoption of Resolution No. 25-85 of the Council of the City of Bakers- field establishing the official list of designated special speed zones pursuant to Chapter 10.24 of the Bakersfield Municipal Code. This resolution upgrades speed limits by repealing existing resolutions establishing speed limits and reestablishing speed limits necessary to stay in compliance with California Vehicle Code requirements for radar enforcement of speed limits. Upon a motion by Councilman Christensen, Resolution No. 25-85 of the Council of the City of Bakersfield official list of designated special speed zones Chapter 10.24 of the Bakersfield Municipal Code, the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None establishing the pursuant to was adopted by Rockoff, Barton, Bakersfield, California, February 27, 1985 Page 9 415 HEARINGS This is the time set for public hearing before the Council for hearing report of Building Official specifying work done, cost of work and description of property upon which Dangerous Buildings have been demolished and hearing protests or objections thereto. This hearing has been duly advertised and the property owners notified as required by law. Mayor Payne declared the hearing open for public participation. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 26-85 of the Council of the City of Bakersfield Confirming the Report of the Building Director regarding Assessments of Certain Properties in the City for Demolition of Dangerous Buildings, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Natty, Nockoff, Barton, Childs, Christensen Noes: None Absent: None This is the time set for public hearing on Resolution of Intention No. 978 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Eye Street between 27th and 28th Streets in the City of Bakersfield. This hearing was duly advertised and posted. The request for the street vacation was made by Millard, Archuleta, Eddy, Paynter Associates and approved by the Planning Commission. Mayor Payne declared the hearing open for public participation. Mr. Gordon Gill representing Millard, Archuleta, Eddy, Paynter Associates, on behalf of San Joaquin Hospital stated he is available to answer any questions the Council may have. 416 Bakersfield, California, February 27, 1985 - Page 10 No protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 27-85 of the Council of Vacation of in the City vote: Ayes: Noes: Absent: the City of Bakersfield Ordering the a Portion of Eye Street between 27th and 28th Streets of Bakersfield, was adopted by the following roll call Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen None None This is the time set for public hearing before the on an Appeal by Showcase Cinema to the decision of the Council Board of Zoning Adjustment denying their application for a Conditional Use Permit to allow an extension for up to two (2) years for the continued operation of an existing adult entertainment establishment in a C-2 (Commercial) Zone, on that certain property commonly known as 1300 19th Street. This hearing was duly advertised and the property owners notified as required by law. In adopting the Emergency Ordinance amending Chapter 17.69 concerning Adult Entertainment businesses on February 13, 1985, the Council revised the procedures governing permits extending time for operation of adult businesses at their present locations. This hearing should be dropped from the agenda. The appellant has been advised of the new procedures. Mayor Payne declared the hearing open for public participation. City Attorney Oberholzer stated the procedure under which this appeal was filed is no longer available to applicants; therefore, it is inappropriate to proceed with the hearing. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for council deliberation and action. Bakersfield, California, February 27, 1985 - Page 11 Upon a motion by Councilman Childs, Showcase Cinema was dropped by the following Ayes: Noes: Absent: Councilmen Dickerson, Moore, Ratty, Childs, Christensen None None the Appeal by roll call vote: Rockoff, Barton, NEW BUSINESS Adoption of Resolution of Intention No. 979 of the Council of the City of Bakers- field to establish Maintenance District No. 9 This resolution declares the intention of the City Council to establish a Maintenance District to pay the costs and expenses of maintaining and operating parks, street median and parkway landscaping in the area of the city generally bounded by Stockdale Highway, Renfro Road, Cross Valley Canal and Jenkins Road. The formation of this Maintenance District has been requested by the owner subdivider of the major portion of the proposed district; no negative response has been received to a letter sent to all other owners in the proposed district advising them of these proceedings. This resolution sets the hearing date for March 20, 1985, Upon a motion by Councilman Ratty. Resolution of Intention No. 979 of the Council of the City of Bakersfield to establish Maintenance District No. 9, was adopted by the following vote: roll call Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Adoption of Resolution of Intention No. 980 of the Council of the City of Bakers- field to establish Maintenance District No. 10 This resolution declares the intention of the City Council expenses parkway White Lane, to establish a Maintenance District to pay the costs and of maintaining and operating parks, street median and landscaping in the area of the City generally bounded by South "H", Pacheco Road and Hughes Lane. 418 Bakersfield, California, February 27, 1985 Page 12 The formation of this Maintenance District has been requested by the owner/subdivider of the major portion of the proposed district; no negative response has been received to a letter sent to all other owners in the proposed district advising them of these proceedings. This resolution sets the hearing date for March 20, 1985. Upon a motion by Councilman Barton, Resolution of Intention No. 980 of the Council of the City of Bakersfield to establish Maintenance District No. 10, following roll call vote: Ayes: Councilmen Dickerson, Moore, Childs, Christensen Noes: None Absent: None was adopted by the Ratty, Rockoff, Barton, following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Childs, Christensen Noes: None Absent: None Rockoff, Barton, Adoption of Resolution of Intention No. 981 of the Council of the City of Bakers- field to establish Maintenance District No. II This resolution declares the intention of the City Council to establish a Maintenance District to pay the costs and expenses of maintaining and operating parks, street median and parkway landscaping in the area of the City generally bounded by Pacheco Road, Stine Road, and Arvin-Edison Canal. The formation of this Maintenance District has been requested by the owner/subdivider of the major portion of the proposed district; no negative response has been received to a letter sent to all other owners in the proposed district advising them of these proceedings. This resolution sets the hearing date for March 20, 1985. Upon a motion by Councilman Dickerson, Resolution of Intention No. 981 of the Council of the City of Bakersfield to establish Maintenance District No. II, was adopted by the Bakersfield, California, February 27, 1985 - Page 13 419 Adopt}on of Resolution No. 28-85 of the Council of the City of Bakersfield Approving the Partial Assignment of lease Agreement No. 76-110 (Bakersfield Courthouse Racquetball Courts) to Gannon Enterprises, Inc., SME Executive Management Inc., and Yvonne Etcheveste and Approviug Improvements to the Leased Property. approval to the partial agreement on the approval is required This resolution gives Council assignment of the above-described lease Courthouse Racquetball Courts. Such Council under the lease. Upon a motion by Councilman Ratty, Resolution No. 28-85 of the Council of the City of Bakersfield approving the partial assignment of Lease Agreement No. 76-110 (Bakersfield Courthouse Racquetball Courts) to Gannon Enterprises, Inc., SME Executive Management Inc., and Yvonnne Etcheveste and approving improvements to the leased property, was adopted by the following roll call vote: Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton, Childs Christensen Noes: None Absent: None property amendment certain Approval of Amendment to Agreement No. 76-110 with William F. Burke, Dennis Kuttler and Richard H. Beguelin for Ground Lease for Public Racketball/Handball Building. Agreement No. 76-110 provides for the lease of real containing the Courthouse Racquetball Courts. This reflects the names of the new lessees and identifies improvements which have already been made to the property. Agreement Richard H. Building was approved and the Mayor Upon a motion by Councilman Ratty, Amendment to No. 76-110, with William F. Burke, Dennis Kuttler and Beguelin for Ground Lease for Public Racketbail/Handball authorized to execute same. Adoption of Resolution No. the Council of the City of field Approving an Amended Deferred Compensation Plan izing its Implementation. 29-85 of Bakers- Employee's and Author- Bakersfield, California, February 27, 1985 Page 14 Th}s resolution amends the current Deferred Compensation Plan by providing additional investment options and updating the pl n to current Internal Revenue Service regulations. Upon a motion by Councilman Childs, Resolution No. 29-85 of the Council of the City of Bakersfield approving an Amended Ayes: Councilmen Dickerson, Moore, Ratty, Chllds, Christensen Noes: None Absent: None Employee's Deferred Compensation Plan and Authorizing its Implementation, was adopted by the following roll call vote: Rockoff, Barton, Upon Western Savings regarding the Ci the Mayor author Approva! of Agreement with Great Western Savings and Loan Associa- tion to perform various services regarding the City's Deferred Com- pensation Plan. Great Western Savings and Loan Association has provided a Deferred Compensation Savings option since the inception of the Deferred Compensation program. As provided within this agreement these services will be expanded to include other investment options. a motion by Councilmen Childs, Agreement with Great and Loan Association to perform various services ty's Deferred Compensation Plan, was approved and ized to execute same. Acceptance of Notice of Completion and Acceptance of Work on the Com- munication Equipment Building, Contract No. 84-93. The Communication Equipment Building was completed by WESCO on February 4, 1985. All work was completed to contract specifications. The Contractor was 66 days over the contract completion date. The staff liquidated damages specifications. days ~ $200/day $49.082.00. recommends that the Contractor be assessed in accordance with Section 6(e) of the The damages are computed to be $13,200.00 (66 = $13,200.00). The original contract price was Bakersfield, California, February 27, 1985 - Page 15 4-21 Upon Completion and Building, Contract No. liquidation damages in There being no Council, upon a motion by adjourned at 7:50 P.M. a motion by Councilman Rockoff, Notice of Acceptance of Work on the Communication Equipment 84-93, was accepted and Contractor assessed the amount of $13,200.00. ADJOURNMENT further business to come before the Councilman Christensen, the meeting was MAYOR of the City of Baker~sfield,-~l-~-.- ATTEST: CITY CLRRK and gx Officio Clerk of the Council of the City of Bakersfield, California cw 422 Bakersfield, California, March 13, 1985 Minutes of a Special Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 5:00 P.M., March 13, 1985. The meeting was by the Pledge of followed Jeremy Braden Present: Absent: Agency as Present: Absent: This hearing has been called to order by Agency Chairman Rockoff, Allegiance and Invocation by Reverend of the First Assembly of God Church. The City Clerk called the roll of the Council as follows: Councilmen Barton, Childs, Christensen, Dickerson, Moore, Rockoff Councilman Ratty The City Clerk called the roll of the Redevelopment follows: Agency Members Barton, Childs, Christensen, Dickerson, Moore, Rockoff Agency Member Ratty PUBLIC HEARING duly advertised. Agency Chairman Rockoff stated this is the tifne for pub- lic hearing regarding Proposed, Amended and Restated Disposition and Development Agreement between the Bakersfield Redevelop~nent Agency and Moreland Corporation. CORRESPONDENCE Communication was received from Dr. and Mrs. Marco Bruschi, 5909 Cypress Point Drive, Bakersfield, dated March 12, 1985, regarding Mr. Terry Moreland's accusations against a Councilman pertaining to the Truxtun Galleria. Councilman Dickerson stated the Developer and his sentatives have made a number of charges in the press regarding Councilman Moore. He feels these comments were patently unwarranted. He knows Mr. Balch and Mr. Moore to be very moral repre- men and of the highest integrity. Both men have given a great deal of their personal time to this community. He considers it to be both unethical and immoral for the developer and his represen- tatives to make the statements in what was an obvious attempt to Bakersfield, California, March 13, 1985 - Page 2 423 bully the Agency Members. He considers this unconscionable con- duct, and while he will not allow it to affect his vote, he does want to make it clear he condemns such tactics and feels a public apology is warranted. Councilman Christensen read the following letter into the record. March 12, 1985 Redevelopment Agency and Bakersfield City Council City Hall Truxtun Avenue Bakersfield, CA 93301 Gentlemen: We find it repulsive to have Terry Moreland badger Councilman Moore with false accusations of representing Tenneco as far as the Truxtun Galleria is concerned. Councilman Moore is representing the taxpayers of the City. This is a complex issue and we appreciate the efforts of Councilman Moore to make a know]- edgeable decision which will benefit the citizens of Bakersfield. Sincerely, Dr. and Mrs. Marco Bruschi (Bertha Hill Bruschi) STAFF' REPORT Mr. David Beatty, Redevetopment Agency Counsel, stated a final copy of the Development Agreement between the Redevelopment Agency and Moreland Corporation has been submitted to the Clerk of the Agency. This copy contains several entirely consistent with the Development before them and which has been on file. technical changes, but is Agreement the Council has The final copy also con- tains the two Promissory Notes, which were the final two exhibits to the Development Agreement. The developer has signed the four copies of the agreement; submitted evidence of Good Faith Deposit; and Concept Drawings consistent with the Development Agreement and a minute ago, submitted a letter from the Bank of America stating the bank would extend the loan commitment until May 10 1985, unless further extended under the terms of this Development 424 Bakersfield, California, March 13, 1985 - Page 3 Agreement. Under the terms of the Development Agreement, the Developer has until the end of March to submit financing. The one substantial change to the agreement, since last coming before the Agency, is in relation to the payment schedule for the acquisition of the land by the Developer. Under the agreement, as it ~vas explained three weeks ago, the purchase price of the property was $1,000,000. A $300,000 down payment was to be made by the devel- oper upon conveyance of the land and $700,000, plus interest, was Agency three years after the date by the Agency to be paid by of occupancy, to the Developer; the Developer to the or three years after the date Phase I opened. The second payment, in the amount of $700,000, was estimated to be made approximately five years after the signing of the Disposition and Development Agreement. Under the Disposition and Development Agreement presently on file and signed by Mr. Moreland, the purchase price is the same, $1,000,000, and the $300,000 down payment at conveyance is the same. However, $200,000 is to be paid January 2, 1986, and $525,000, which is the remaining price, plus interest, is to be paid June 30, 1986. A little over a year from the time this Disposition and Development Agreement will be executed, the Agency will have been paid in full for the purchase price of the property: rather than having to wait approximately five years. Mr. Calvin Hollis, Katz, Hollis, Coren & Associates, Inc., Financial Consultant for the Redevelopment Agency, briefly summarized the Reuse Analysis, Multi-Use Office/Retail Center, Bakersfield, California, dated February 1985; and the Analysis of the Costs of the Amended and Restated Disposition and Development Agreemerit These two Section changed remains for the Proposed Truxtun Galleria, dated February 1985. documents, together, are required in conformance with 33433 of the Health and Safety Code. The project has not substantially since the Agency meeting three weeks ago and a two-phase project with two fourteen-story towers. The first tower includes 160,000 square feet of gross office area; 55,000 square feet of retail area; and a climate controlled mall of approximately 22,000 square feet. The second phase includes Bakersfield, California, March 13, 1985 - Page 4 175,000 gross office area; an additional 15,000 square feet retail area; and 5,000 square feet of climate controlled mall. The only difference between the plans submitted three weeks ago and the ones submitted today, is the Developer has decided to build more parking in Phase I than is required, so the project will have more code required parking in Phase I. When Phase II is completed, the project will meet or exceed the Code requirement for the entire two phases. The report dealing with the cost of the agreement to the Agency first summarizes the agreement; presents the estimated site assembly costs and administrative costs associated with the project; identifies the sources of funds; which is substantially bond proceeds, bonds previously approved by this agency; and then calculates the costs of that agreement by looking at the present value of the repayment of those bond proceeds. Therefore, before consideration of any developer payment or consideration of tax increment generated by the project, the costs of the agreement is approximately $3,574,000. The agency is receiving two sources of funds. If Phase I is constructed, the Agency will receive $1,000,000 in present value in the form of land payment. It is estimated the Agency will receive $2,090,000 in the form of prop- erty taxes generated by Phase I. Total revenues that the agency will receive on a present value basis is $3,090,000. Therefore, the project costs $484,000 more than the total of the property tax receipts and developer land payment for Phase I. If Phase II is completed the Agency's costs remain the same, $3,574,000; however, due to the fact there would be additional tax increment generated by the second phase, the total revenues the agency would receive would be approximately $3,643,000. Therefore, the revenues and land payment the agency would receive would exceed the costs by approximately $69,000. The Analysis being Conveyed by the Agency to the the first, is to determine what the nants and Agreement. of the Value of the Property Developer, has two components; land value is given the cove- conditions contained in the Disposition and Development The property must be developed with the project shown 426 Bakersfield, California, March I3, 1985 - Page 5 in the drawings, that it must contain a certain amount of retail space, an air conditioned mall and certain restrictions on how the parking must operate. The conclusion of that Analysis is that the value of the property, given all the conditions and Disposition and Development Agreement, is $1,000,000. The other requirement of the Health and Safety Code is, if the property is to be sold without any restrictions placed on it by the Agency, that is any development could go forward on that property if it met the inini- mum requirements of the Redevelopment Plan, the value of the prop- erty would be approximately $1,300,000. The likely use of that property would be an office building containing no retail or air conditioned mall. The conclusion of the report is that the value of the property for the project proposed is $],000,000; the value of the property if the Agency placed no restrictions on the prop- erty other than those contained in the Redevelopment Plan is $1,300,000. In answer to a request by Councilman Barton, Economic Development Coordinator Kennon presented an overview of a Memorandum from City Manager Caravalho regarding Changes to the Proposed Truxtun Galleria Project and the Impacts of this Project on the Redevelopment Program, as follows: Since there was no quantitative data on the vacancy rate for office space, and the numbers staff were hearing were disturbingly high, the Economic Development staff undertook a rather comprehensive study on the vacancy and condition of office space in the downtown. Every office space within the project area has been surveyed and catego- rized as to whether it was modern competitive space all the way down to something that was uninhabitable. The results indicate that approximately 43% of the space in the downtown is what is considered competitive, modern flexible office space. The current vacancy rate in that particular space is 21%. That high number in our analysis is created by one basic structure, the Kress Building located at 19th and "K", which is virtually 80% to 85% vacant. Conversations with the leasing agent and manager of the Kress Building indicate the problems in renting space is the location and desirability of the structure. Bank of America, which has Bakersfield, California, March 13, 1985 - Page 6 , 27 a 15% vacancy rate adequate parking. of their building, indicated their basic problem was a lack of The bank felt strong enough about the viability that they are now undergoing a major investment to construct a third level to their parking structure. Based on this, staff feels there is a demand and that the vacancy rate for good space downtown is well within reasonable limits. City Manager Caravalho stated that in terms of jobs, it is estimated that Phase I, alone, will create 1,300 jobs, primarily, in the retail sales area and approximately $50,000,000 in sales. This will result in approximately $30,000 sales tax revenue to the City on an annual basis and provide a payroll of approximately $17,000,000 to the City. Economic Development Coordinator Kennon stated that the method for calculating the number of jobs is based on numbers pro- vided by the various shopping center developers relative to the income produced per square foot and related employment levels based on per square foot basis. Assuming a certain mix of tenants. Upon a motion City Manager Caravalho, the Proposed Truxtun Galleria Project and on the Redevelopment Program, was Project file. by Agency Member Barton, Memorandum from dated March 8, 1985, regarding Changes to the Impacts of this received and placed on there would be PUBLIC T~STIMONY Agency Chairman Rockoff stated that thirty minutes of discussion, each, for the proponents and opponents for summation. The time allowed will be persons wishing to speak. followed by ten minutes divided by the number of Agency Chairman Rockoff declared the hearing open for public testimony. The following persons spoke in opposition to Proposed, Amended and Restated Disposition and Development Agreement between the Bakersfield Redevelopment Agency. the 428 Bakersfield, California, March 13, 1985 Page 7 Mrs. Martha Walters, 3301 Dwight Street, stated she believes there is an error in the document entitled "Summary of Salient Factors and Conditions", because the location of the pro- posed development site is described as being bounded by ]7th Street on the north, "[1" Street on the west, Truxtun Avenue on the south and Chester Avenue on the east. This description does not include the California Republic Bank, the Kern County Hail of Records, nor the adjacent parking structure. The Agency is propos ing to purchase 2.3 acres for public use and, in turn, sell this property to the developer. She questioned whether this would be trying to get around the process of Eminent Domain, instead of for private use for public use. When considering the statistics regarding the vacancy rate for office space in the southwest, she feels the Agency is in a sense speculating with the Truxtun Galleria Project. She commends the developer for offering to pay for at least part of the value of the land, and stated it would make her very happy if he would pay for all of the land with a long-term loan arrangement. If the Truxtun Galleria is developed on Truxtun at this location, in a few years the City would need a new Police Department. According to Redevelopment Law, the Agency is prohibited from entering any project for tax increment only and that is about all we hear in relation to the Truxtun Galleria Project. This is not a blighted area and the project should not be entered into for tax increment only. Citites should never relinquish subsurface mineral rights. She believes the utilities, the sewage and the need for drains should be addressed. Mr. Robert McCarthy, 353 Garnsey Avenue, stated he does not feel the project area, nor the area surrounding the project area is blighted, and he feels it would be more logical to go into a blighted area to develop. Mr. Edwin Wilson, 2816 Kootenay Court, stated he has a vested interest in opposing the proposed location of the Truxtun Galleria. He is not opposed to the Agency's assistance in Bakersfield, California, March 13, 1985 - Page 8 ,1-29 redevelopment of Downtown. ment of the Downtown area. proximity where supportive of a that development Chester Avenue. He is an strong advocate of redevelop- He owns approximately two acres in the the new hotel will be constructed, and is very covered mall Downtown. However, he is concerned downtown could create another Baker Street with He strongly opposes the Truxtun Galleria in the proposed location and supports development of the blighted area east of Chester Avenue and north of Truxtun Avenue. Mr. David Beatty responded to questions by Mrs. Martha Walters, as follows: Mrs. Waiters was correct in that the project site does not include the Bank and the }{all of Records. The use of the language "public use", is not an attempt by the Agency to get around Eminent Domain. The public use the Agency will be acquiring the land for, is redevelopment of the area, which is the rational and lawful reason the Agency can use Eminent Domain. The Agency is not and cannot acquire land for speculation by a developer. In the Development Agreement there are strict controls over what the developer can build. If the developer does not build what is in the agreement to build, the Agency can reacquire the land. Therefore, there is no speculation. The Agency has reviewed the changes to the project and the existing Environmental Impact Report and has determined there are no significant changes in the project to warrant a new Environmental Impact Report. Upon a motion by Councilman Dickerson, a brief recess was called at 6:10 P.M., by the following roll call vote: Ayes Councilmen Moore, Rockoff, Barton, Childs, Christensen Dickerson Noes None Absent: Councilman Ratty The following persons spoke in support of the Proposed, Amended and Restated Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Moreland Corporation. 430 Bakersfield, California, March 13, 1985 Page 9 Mr. Michael Callegy, 159 "H" Street, stated he does not represent anyone from the Moreland Corporation, and is speaking tonight on his own behalf. He has a vested interest in this issue, as he was born and raised in Bakersfield and loves this town. He believes the Truxtun Galleria is a responsible project that accomplishes something the Downtown area needs. The Downtown area of Chester Avenue has got to be redeveloped and the Truxtun Galleria is a good healthy start. The Truxtun Galleria will cre- ate 1,300 jobs, and will be the start for redevelopment. In addi- tion, the development corporation behind the project is a family that can accomplish what they say they will do. This is a respon- sible project with a responsible developer. With the City's cred- ibility at stake, the City should move ahead. Ms. Patricia Callegy, stated she has seen the positive things Glendale Galleria has done for the Glendale area. The face lifts for Bakersfield Downtown businesses are great, but there must be something for people to come to Downtown for, and she believes the Truxtun Galleria is that type of project. Reverend Quinn Morgan, 2807 Blade Avenue, stated it is a joy to live in Bakersfield, and feels the City is moving towards the future with the Truxtun Galleria. Mr. Ken Reed, President of the Downtown Business Association, stated he feels the project area is an economic blight in that it does not realize its economic potential. The taxpayers have placed a special trust Redevelopment Agency Members in that Manager and City Redevelopment Staff in the City Council and there is a professional City aided by expert consultants, whose major purpose is redevelopment projects, Disregarding the expert recommendation Staff and Consultants, would cost time, ment process. The City's future would to provide expert guidance in selecting which will stem the tide of urban decay. of the City Manager, City money and the redevelop- be dealt a severe blow and major setback. Other developers will see the years of effort to arrive at a major project such as this as a sham. The Truxtun Bakersfield, California, March 13, 1985 - Page 10 Galleria is endorsed by the Bakersfield Californian, and Channel 23's Viewer Pole indicated over 80% of the respondents to be in favor of this project. The Downtown Business Association has indicated the need for a downtown redevelopment project, specifi- cally one endorsed by the City Manager, City Staff and Consultants. This project is finally before the Council and Redevelopment Agency, and the Downtown Business Community joins the rest of the forward looking community in endorsing this pro- ject. Mr. Hugh Sill, tonight for one reason, port the Truxtun Galleria. Dr. Robert Oliver, to the Bakersfield area and project. Ms. Jean Kamrar, Galleria. Sill Properties, stated he is here to see a better Bakersfield and to 3728 Rayburn Street, stated he supports the Truxtun Galleria spoke in support of the Truxtun sup- very supportive of the 1107 Truxtun Avenue, representing the read the following letter into the fore, is very supportive of the project. Ms. Chris Newman stated she is Truxtun Galleria. Mr. Harvey Means, California Republic Bank, record: Mr. Mario Alverez, Downtown Businessman, stated there is a need for a project Downtown that will draw people to support existing businesses, and he supports the Truxtun Galleria. Mr. Doug Zimmerman, Secretary-Tresurer for the Kern Inyo Mono Building Trades stated he is here representing twenty-five local unions, which would be involved in this project, and there- 432 Bakersfield, California, March 13, 1985 - Page 11 March 5, 1985 Mr. Paul W. Shillcock, Principal Planner City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 AICP Re: Truxtun Galleria Dear Mr. Shillcock: California Republic Bank has attempted to work in a spirit of cooperation with the Bakersfield Redevelopment Agency and the Moreland Corporation on the Truxtun Galleria project. Due to the recent developments regarding the Galleria project, we are concerned over the new proposal's impact on our 17th and Chester facility. We would hope the Redevelopment Agency would be able to provide clar- ification on the following: Assuring us the new project would not impede our ability to operate during the construction phase, as well as after completion of the Galleria. What type of parking structure is proposed to support to the Galleria? Additionally, what considerations are being given to satisfy ingress and egress at our present parking facility? California Republic Bank requests the option to review design plans for the parking structure to insure it does not inhi- bit the viability of our parking structure. On January 11, 1985, our bank received a revised offer from the Redevelopment Agency to purchase the property located at the northeast corner of Truxtun aud Eye. Is this offer still considered a valid offer, or was it can- celled with the nonacceptance by Kern County of the City's offer to purchase the Hall of Records? The Bakersfield Californian on February 21, 1985, reported Moreland Corporation made sev- eral concessions including agreeing to pay $1 million for land (primarily our property site at Truxtun Avenue and Eye Streets). If this is the case, will our bank now be negotiating with Moreland Corporation rather than the Redevelopment Agency? As the Truxtun Galleria would create a significant impact on the property owned and adjoining California Republic Bank, we would appreciate a thorough update on this project. Sincerely, Thomas P. Executive Cashier Bell Vice President TPB/dh Bakersfield, California, March 13, 1985 - Page 12 Ms. Mary Josephson, a resident of Bakersfield, spoke in support of the Truxtun Galleria project. Upon a motion by Councilman Barton, a short recess was called at 6:42 P>M>, in order to allow people to sign-up to speak in summation. The council meeting was reconvened at 6:54 P.M. Redevelopment Agency Chairman Rockoff stated he had been advised by the City Attorney that the Joint Public Hearing must be recessed in order to allow the City Council to officially begin the City Council meeting at 7:00 P.M., at which time he felt the Council would vote to recess to allow the conclusion of the Joint Public Hearing. Upon a motion by Councilman Barton, a recess was called at 6:55 P.M., until after the recess of the City Council Meeting. The Joint Public Hearing of the City Council and Redevelopment Agency was reconvened at 7:02 P.M. Agency Chairman Rockoff stated that in the spirit of fairness the order for speakers would be reversed for the summa- tion. Therefore, those speaking in favor of the project would speak first and those in opposition would follow. The following persons spoke in summation. Mr. Ralph Wegis, legal counsel for the Moreland Corporation, stated he would like to update the Agency relative to co~nments made by the California Republic Bank. Basically, California Republic Bank and Moreland Corporation negotiated an agreement, which was presented to the Agency, to resolve the park- ing problem the bank was concerned about. The Bank has indicated the original agreement is no longer agreeable to them and has made a proposal. Moreland Corporation has listened to the Bank's propo- sal, which is reasonable, and has no objection to modifying the agreement to reflect that proposal. There are two areas that both the Bank and Moreland Corporation recognize are necessary, that the matter be documented in tile form of detailed drawings, and the matter receive approval of the Traffic Department of 434 Bakersfield, California, March 13, 1985 Page 13 the City. If a new agreement comes to be, it is expected to go before the Bank's Board, which has always been cooperative. Moreland Corporation expects these concerns to be resolved. In considering the issue of blight, it is important to remember the Redevelopment Zone. This redevelopment project lies within the Redevelopment Zone. Other projects, such as Bank of America and the California Republic Bank are in the same core of redevelopment. It is important that the Truxtun Galleria be located at this location because it is the right location to start redevelopment which is an important consideration if we are going to have the strength of our initial steps benefit subsequent redevelopment. The City's Redevelopment Staff com~nented in their report that the present 85% vacancy rate of the Kress Building provides an out- standing example of why the initial major development in the rede- velopment project area must be very carefully located so that marketing conditions are not adversely impacted because of exist- ing blight. He feels it makes good sense that a project have the very best chance of success. This is a controversial project with better than an 80% pre-leased commitments. It is critical, rela- tive to credibility and ability, that this Agency be able to do what it is charged with doing by its very name. He stated that if the project is not approved, in addition to the cost of admi- nistration, in ten years, the Agency will have lost with one phase of the project, 3.5 million dollars. If both jeer were completed, 5 million dollars would tion, 1,300 jobs, which could be generated by phases of the pro- be lost. In addi- this project, would be lost; for a total of 16.9 million dollars a year and 169 mil- lion dollars in ten years, in salaries. There would also be sales tax generated in the amount of $30,000 a year, and $300,000 in ten years. He estimates the land, as it now exists, generates approximately $30,000 or less per year. Bakersfield, California, March 13, 1985 - Page 14 435 Mr. Edwin Wilson, stated he is gratified with the sup- port voiced tonight for Downtown redevelopment. He does not feel it will take ten years for redevelopment to occur Downtown. He strongly recommends and suggests that redevelopment projects take place in more blighted areas. Mrs. Martha Walters read from the law regarding Redevelopment and stated the money, if not used for Redevelopment Projects, would be used for schools, City vices, and the Kern County Water Agency. Redevelopment Agency has been a hindrance services, County She believes the to the City. ser- In answer to a question by Mrs. Waiters, Mr. David Beatty stated that the Redevelopment Law requires the Agency to alake a finding, prior to approving a Disposition and Development Agreement, that the development of the site is of benefit to the area and that there is no other reasonable means of financing the development. Upon a motion by Councilman Childs, the public portion of the Joint Public Hearing was closed. In answer to a question by Councilman Childs, Economic Development Coordinator Kennon stated the letter from the California Republic Bank was received, the problems reviewed and the developer was advised of California Republic Bank's concerns. Staff feels the letter is concerned with design issues. Based upon conversations with the developer, those concerns are being addressed and will be resolved. In answer to questions by Councilman Dickerson, Economic Development Coordinator Kennon stated property owners were not specifically notified in writing of this public hearing. There has been several meetings with the property owners. Several of which are in attendance tonight. tion was made to them. In answer to a question However, no specific notifica- by Councilman Dickerson, Economic Development Coordinator Kennon stated the procedures of correspondence sent to the Agency depends on the correspondence. 43(; Bakersfield, California, ~arch 13, 1985 Page 15 If it is the obvious desire of the author of the correspondence that it go to the Agency, it would be sent to Agency Members. it was confidential or dealt with negotiations, it might not be sent to the Agency. After a very lengthly If made a motion to approve and authorize the execution of amended, restated Disposition and Development Agreement the Redevelopment Agency and the Moreland Corporation. discussion, Councilman Christensen the between The corrected resolution will read as follows: "The Agency hereby approves and authorizes execution of the Amended Disposition and Development Agreement, the Executive Director and Secretary authorized to execute said Disposition and Development Agreement on behalf of the Agency in accord with the terms and conditions of the Disposition and Development Agreement." Mr. David Beaty further stated, under the terms of the Disposition and Development Agreement, the Agreement does not have to be executed until after the financing has been approved by the Agency. He wanted to be sure it is clear that in this resolution, this agreement will be executed after the Council and Agency have approved the financing. Councilman Dickerson stated that during his brief career he has always been for growth and progress in the communtiy. He believes in Downtown and believes in seeing the redevelopement of Downtown and felt a mall similar to the Glendale Galleria would serve the community. However, he cannot support redevelopment at any cost. In this day of cut, squeeze and trim he cannot support spending 3.7 million dollars on a single project. Furthermore, he believes City dollars are better spent in areas that are truly blighted. Even before this recent grand jury investigation, his Mr. David Beatty stated he would like to make a techni- cal addition to the last page of the Resolution, Section 3, by inserting the following: "In accord with the terms and conditions of the Disposition and Development Agreement." Bakersfield, California, March 13, 1985 - Page 16 zl37 consituents raised concerns about the conduct of the developer. Finally, after considering the history of this project, he does not believe it would be prudent to risk public funds and a future of redevelopment with this developer at this time. He knows his vote will be criticized, his integrity impugned, and his motives questioned. Nonethe]ess, he is not going to bend from the pres- sure ou this or any other issue. He felt he was elected to do what is right for the City of Bakersfield and that is what he is doing tonight. Councilman Moore, thanked all the volunteers for their assistance in the poll taken in the Fifth Ward. He felt he owed it to those involved to at least know the results. These volun- teers, were both for and against the project. A total of 1,466 people were contacted; 481 supported the project; 551 were oppo- sed; and 434 were undecided. Additional]y, in the last nine days, he received 77 calls from people who do not live in his ward. 'rhere were 12 calls in favor of the project and 65 opposed. On a small scale business and professional poll accomplished in the last seven days, there were 115 people polled; ]7 in support; and 98 opposed. He further stated his concerns have been expressed on many occasions, and those concerns have not This appears to be the highest priced retail and probably the highest priced office space be allayed tonight. space in Bakersfield in the area. The project is in a non-blighted area. The Agency has been dedicated to land banking on the east side of Chester and he did not believe there could be a claim of blight or economic stresses at this location. Destroying the Butterfield Savings and Loan, which is a beautiful building that just won an architectural award, serves no purpose. He still has many concerns pertaining to parking and overbuilt office space, and felt it is just too grandiose of a project. This project is not being built to meet a need, it is being built to try and create a need. Lastly, a project of this magnitude 43S Bakersfield, California, March 13, 1985 Page 17 would not benefit all of the community, as would one which is ded- icated to bringing large retail stores into Bakersfield. He com- mended everyone who came forward tonight and all comments and concerns both by his constituency and the public at large. However, after careful review and weighing all the information available, including all those who spoke the conclusion that the Galleria does not the best interest of the community, and, vote. tonight, he has come to represent a project in therefore, will cast a no Councilman Rockoff stated he has heard comments about an abundance of office space in Bakersfield and is certainly not going to deny that. But, this Council, together, has been a very progrowth Council. Approximately three weeks ago he thought the Council voted for a segment to change the General Plan for an area in the Southwest changing the zoning to allow additional office construction. Certainly, if the Council wanted to take an attitude of not wanting any more office buildings built until such time as what is constructed is filled, the Council made a very grave error. This is not wants to send out to the development felt everyone realizes that positive the message the Council community of Bakersfield. He economic growth is the best thing that can happen to this community, and while the Council wants to see the Southwest develop, there are also other areas to be developed. Downtown is the heart of the area and the physical center of our metropolitan community. As far as polls are con- cerned, he is the first to admit that polls are not scientific. However, he is somewhat relieved that a poll indicates that a sizable majority want a project to happen. This project is a catalyst. The Council is committed to Downtown, has voted that way and he believes that the Council must tell anyone that wants to develop in Downtown Bakersfield that the Council is supportive. He hopes everyone on the Council can see the importance of this Bakersfield, California, March 13, 1985 Page 18 439 project, that this is a development not only for Downtown but all of Bakersfield. He hopes all areas of Bakersfield develop to their fullest potential. Councilman Childs, stated that Southwest Bakersfield is growing and developing, and is pleased that area is developing. It seems however, that every time someone wants to develop, they forget about Downtown. He is strongly committed to Downtown and wondered if the entire Council is still committed to Downtown Bakersfield. He was not the one who voted for including this area into a blighted area. He believes a majority of his colleagues voted unanimously to include this area. He believes the people in his Ward would benefit from Downtown being redeveloped. It seems as though the Council is obligated to going along with the pre- agreement, and is in favor of approving the revised Disposition and Development Agreement and getting on with the project. He will vote in support of this project. Councilman Barton stated that Agency Chairman Rockoff has covered the issues very well and would like to reiterate just one point. The Council is sitting as the Redevelopment Agency and talking redevelopment. What this Agency does tonight is being broadcast not only to the local constituents, but residents in the City of Bakersfield. The message and how this comes out will be in Los Angeles, Chicago, and every other place as every devel- oper looking to come to Bakersfield is going to say, "Oh, not there". If the Agency can't stand up, take the heat, and try to get together a project, we might as well as forget a downtown mall, Baker Street, or wherever you want to go. The Agency is sending out messages that investors are not going to want to come to town on. Councilman Christensen stated he feels that if the Council wants to develop, the developers will be here. 44O Bakersfield, California, March 13, 1985 Page 19 Councilman Christensen's motion to approve and authorize the execution of an Amended and Restated Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Moreland Corporation failed by the following roll call vote: Ayes Councilmen Rockoff, Barton, Childs Noes Councilmen Moore, Christensen, Dickerson Absent: Councilman Ratty ADJOURNMENT Upon a motion by Agency Member Christensen, the Redevelopment Agency's portion of the joint public hearing held before the Council on the Proposed, Amended and Restated Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Moreland Corporation, was adjourned at 9:15 P.M. Upon a motion by Councilman Christensen, joint public hearing held before the Council and Redevelopment Agency on the Proposed, Amended and Restated Disposition and Development Agreement between the Bakersfield Redevelopment Agency and More]and Corporation, was adjourned at 9:15 P.M. MAY~R of the-City of Bakersfield, California ATTEST: ~)EPUTY CITY CLERK an~l Ex Officio Clerk of the Council of the City of Bakersfield, California CW Bakersfield, California, March 13, 1985 Minutes of a regular meeting of the Counci of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., March 13, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend B]aden of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Ratty, Rockoff, Barton, Childs, Absent: None Upon a motion declared at 7:03 P.M. and Upon a motion by declared at 9:18 P.M. and Christensen, Dickerson, Moore by Councilman Rockoff, a brief recess was the meeting reconvened at 9:17 P.M. Councilman Rockoff, a brief recess was the meeting reconvened at 9:40 P.M. Upon a motion by Councilman Childs, minutes of the regular meetings of February 13 and 20, 1985, and special meeting of February 25, 1985, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Paul Santy, 700 North E1 Rio Drive, outlined and submitted a written proposal from Sand Creek Associates, dated March 5, 1985, requesting use of City owned property, located ad- jacent to the and ajacent to of intersection of the Kern River a Municipal Executive Type Coffee Road and Stockdale Highway Bed, for construction and operation Golf Course with related services. Mr. Santy also submitted an article from the Bakersfield Californian entitled "Kern City's In answer to a question Manager Caravalho stated the area and designated open space and most Public Days Become History July by Councilman Rockoff, City is part of the Kern River Plan of the property is in the secondary flood plain area. He also suggested that the proposal for the Golf Course be referred to staff for evaluation and analysis, Water Resources Committee for their comments as to the availability of the property and then return to the Council with the analysis and comments from the Water Resources Committee relative to the availability of the land. At that point, if it is successful, the Council could consider whether the Planning Commttee should be involved. 1.It Bakersfield, California, March 13, 1985 - Page 2 Councilman Rockoff made a motion to refer the proposal from San Creek Associates for a Municipal Executive Type Golf Course with related services to the staff for analysis, then to the Water Resources Committee for determination as to the availa- bility of the property and that information be brought back to the Council, and at that time the Council will consider whether the Planning Commission or some other Committee should be involved. Councilman Barton requested that Councilman Rockoff in- clude in his motion that the letter from Sand Creek Associates be received and referred to staff and Water Resources Committee. Councilman Rockoff indicated he would include that in his motion. Councilman Christensen stated he felt the Council should listen to the comments from Dr. Ted Murphy, Chairman of the Depart- ment of Biology from Cal-State Baekrsfield, regarding this property prior to taking action on the proposal from Sand Creek Associates. Tenneco would like to sell this organization some land for the golf course and he felt the City should not inundate valuable territory, under the Kern River Plan, that is publicly owned for private use. Councilman Childs indicated he would also like to hear Dr. Murphy's comments before taking action on the proposal. Councilman Rockoff stated his motion is only to refer the proposal. Councilman Rockoff's motion to refer the letter and pro- posal from Sand Creek Associates for a Municipal Executive Type Golf Course with related services to the staff for analysis, then to the Water Resources Committee for determination as to the availability of the property and that information be brought back to the Council, and at that time the Council will consider whether the Planning Commission or some other Committee should be involved, was approved with Councilmen Childs and Christensen voting in the negative. Dr. Ted Murphy, Chairman of the Department of Biology at Ca]-State Bakersfield, submitted a written proposal requesting Bakersfield, California, March 13, 1985 - Page 3 443 that the City enter into an agreement with either California State College, Bakersfield, or the College's Foundation to preserve, for the purpose of natural history study and preservation of unique wildlife species, that portion of the Kern River channel lying between the flood levees and between the bridges crossing the river at Coffee Road on the east and Stockdale Highway on the west. During discussion, Councilman Rockoff made a motion to refer the proposal from Dr. Murphy for a Riparian Studies Area to staff for analysis, then to the Water Resources Committee for determination as to the availability of the property and that information be brought back to the Council and at that time the Council will consider whether the Planning Commission or some other Committee should be involved. After discussion this motion was unanimously approved. Mr. Wesley Crawford, 801 "K" Street, Director and Founder of the D.O.O.R. Program (Defense of Offenders' Rights), requested the Council's support to help men and women coming out of institutions and alleviate young people from going to jail. plans to solicit jobs in Bakersfield for these young people and take them to visit institutions to show them crime does not pay. He Police Chief Price stated he is not familiar with Mr. Crawford's program, however, if it is the "Scared Straight" Program he has negative feelings about it, because that program was a failure. There was no conclusion that that program did any good and in some cases did harm. If it is strictly the "Scared Straight" Program the Police Department cannot support it. They will support a Crime Prevention Program that keeps young people from going to prison, but he does not know what Mr. Crawford is proposing. Upon a motion by Councilman Dickerson, request by Mr. Wesley Crawford regarding the Council's support of his D.O.O.R. Program, was referred to the Auditorium and Community Services Committee, with Police Chief Price's input. 444 Bakersfield, California, March 13, 1985 Page 4 CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Renfro, Russell & Associates, Inc., 4800 Stockdale Highway, Suite 304, dated November 15, 1984, requesting abandonment of a four foot right-of-way on Eye Street between 24th and 25th Streets, was received and referred to the Planning Commission for study and recommendation. Upon a motion Californians for Better by Councilman Childs, communication Transportation, Jack D. Maltester, from President, dated February 8, 1985, requesting that the City join Californians for Better Transportation in support of SB 290 (Foran), was received and referred to the Legislative Committee for review and recommendation. Upon a motion by Councilman Childs, Legislative Bulletin from the League of California Cities, dated February 22, 1985, was received and Items 1, 4, 5, 6 and 9 (a) were referred to the Legislative Committee. Upon a motion from Dorothy M. Burcher, notifying the City that by Councilman Christensen, communications 24 Oregon Street, dated March 7, 1985, due to ill health her husband, Hulen L. 2501 Chester Avenue, dated March 6, 1985, to block off 25th Street, between Chester for approximately 125 feet, between the hours of 12:00 Noon and 4:30 P.M., on received and referred to staff. Upon a motion by Councilman Kenneth Cory, Controller of the State Sunday, April 28, 1985, was Barton, communication from of California, dated March Poor Boy's Used Cars, requesting permission Avenue and Eye Street, Burrher, is resigning from the Citizens Auditorium Committee and Board of Building Appeals, effective March 7, 1985, was received, resignations accepted and the Mayor was requested to send letters of appreciation and for his service to the City of Bakersfield. Councilman Barton requested that the Mayor send Mr. Burcher a certificate and/or plaque (something more than a letter), for his many years of service. Mayor Payne indicated he would be happy to do that. Upon a motion by Councilman Barton, communication froin Bakersfield, California, March 13, 1985 Page 5 7, 1985, submitting a statement of estimated amounts to be paid to each City and County as its share of revenues to be apportioned by the Controller's Office during Fiscal Year ending June 30, 1986, from the Highway Users Taxes, Motor Vehicle License Fees ("In-Lieu" Tax) and Off-Highway Motor Vehicle License Fees, was received and referred to the Finance Director. Upon a motion by Councilman Christensen, communication from Barbara Patrick, 5817 Kings]and Avenue, dated March 8, 1985, urging the Council's support of the Kern River Plan, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from Schools Legal Service, 580~ Sundale Avenue, dated March 11, 1985, regarding Findings of the Board of Trustees of the Bakersfield City School District pursuant to the Schools Facilities Ordinance, was received and referred to the Urban Development Committee. COUNCIL STATEMENTS Councilman Batty questioned how the Council should pro- ceed with the process of appointing one of the nominees to fill the vacancy on the Planning Commission Mayor Payne suggested the Council vote on each person until someone receives sufficient votes to be appointed. Councilman Dickerson made a motion to postpone action on the appointment of a Planning Commmissioner for one week. Councilman Ratty felt it is time to fill the vacancy. It has been delayed for at teast three weeks, the Planning Commission is understaffed and they need this appointment. Councilman Dickerson's motion to postpone action on the appointment of a Planning Commissioner for one week, failed to carry by the following roll call vote: Ayes: Councilman Childs, Dickerson Noes: Councilmen Batty, Rockoff, Barton, Christensen, Moore Absent: None Mayor Payne read each persons' name who has been nominated to fill the vacancy on the Planning Commission, created by the re- signation of Greg Gallion (term expiring April 17, 1987), as follows: 446 Bakersfield, California, March 13, 1985 Page 6 Cynthia L. Curry, 3404 Ashe Road, Apt. E. Homer S. Montalvo, 6000 Friant Drive Terri Annette Bjorn, 2716 21st Street Barbara Patrick, 5817 Kings]and Avenue L. Bruce Nybo, 7501 Shetland Drive Robert A. Hutchinson, 5404 Claire Street David K. Cobh, 2493 Beech Street Clinton S. Bear, 1000 South Olive Drive, No. 44 In answer to a question by Mayor Payne, City Attorney Oberholzer stated the Mayor could read each person's name and the Council vote on them individually and as soon as someone gets a majority of votes then that person is seated. Councilman Ratty suggested that the top three candidates be voted on in the second round. Mayor Payne stated the Council will go through a process of elimination and the top three candidates will be voted on in the second round. First round roll call vote on Cynthis L. Curry was as follows: Ayes: None Noes: Councilmen Absent: follows: Ayes: Noes: Absent: follows: Ayes: Noes: Absent: follows: Ayes: Noes: Absent: None First Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore round roll call vote on Homer S. Montalvo was as Councilmen Childs, Christensen Councilmen Ratty, Rockoff, Barton, None First round roll call vote on Terri Dickerson, Moore Annette Bjorn was as Councilmen Christensen, Councilmen Ratty, None First round roll Rockoff, call vote Dickerson Barton, Childs, Moore on Barbara Patrick was as Councilmen Dickerson, Moore Councilmen Ratty, Rockoff, Barton, None Childs, Christensen Bakersfield, California, March 13, 1985 Page 7 447 as Ayes: Noes: First round roll call vote on L. Bruce Nybo was as follows: Ayes: Councilmen Dickerson, Moore Noes: Councilmen Ratty Rockoff, Barton, Absent: None First round roll call vote follows: None Councilmen Absent: follows: Ayes: Noes: Absent: follows: Ayes: Noes: Absent: the rules None First Cllilds, Christensen on Robert A. Hutchinson was Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore round roll call vote on Clinton S. Bear was as None Councilmen Ratty, Rockof~, Barton, Childs, Christensen, Dickerson, Moore None First round roll call vote on David K. Cohn was as Childs, Dickerson Councilmen Ratty, Rockoff, Barton, Councilmen Christensen, Moore None City Attorney Oberholzer reminded the Council that by they established, for the appointment of this Planning Commissioner, the Council will have to vote on the three highest candidates. There is one person who has the highest number of votes and four persons tied for the next spot. Councilman Childs asked if the Council should vote for Davi~ K. Cohn and then the four ties. first. City Attorney Oberholzer stated that is right. Mayor Payne asked if the Council should vote on Mr. City Attorney Oberholzer stated it does not matter who the Council votes on first. The rules, at this point, are going to be that the first person who receives a majority will be the person appointed. Cohn 448 Bakersfield, California, March 13, 1985 Page 8 as Second round roll call vote on Homer S. Montalvo was as follows: Ayes: Councilman Childs Noes: Councilmen Ratty, Dickerson, Absent: None Second round roll call follows: Ayes: Noes: Absent: Rockoff, Barton, Christensen, Moore vote on Terri Annette Bjorn was Councilmen Childs, Christensen, Dickerson, Councilmen Ratty, Rockoff, Barton None City Attorney Oberholzer stated that Moore Barbara Patrick received four votes and that is a majority. Mayor Payne announced that Barbara Patrick, 5817 Kingsland Avenue, has been appointed to fill the vacancy on the Planning Commission, created by the resignation of Greg Gallion, term expiring April 17, 1987. Councilman Moore requested permission to attend, as the Council's representative, a water tour April 23 to 26, 1985, spon- sored by the Cooperative Extension of the University of California. Upon a motion by Council Childs, Councilman Moore was granted permission to attend, as the Council's representative, a water tour April 23 to 26, 1985, sponsored Extension of the University of California. in the negative on this motion. Councilman Dickerson recommended National League of Cities and participate by the Cooperative Councilman Ratty voted that the City join the in their functions. He stated the National League of Cities is conducting a conference at the end of March and requested input on whether the City has grown large enough to achieve prominence nationally. The City should be concerned about putting forth the best possible image nationally, follows: Ayes: Noes: Absent: Councilmen Christensen, Dickerson Councilmen Ratty, Rockoff, Barton, None Second round roll Childs, Moore call vote on Barbara Patrick was as Bakersfield, California, March 13, 1985 - Page 9 449 hopefully, to get the expertise and generate interest to bring new industry and national activities to Bakersfield. Councilman Christensen stated several years ago Councilmen Payne, Strong and Christensen obtained permission from former City Manager Bergen to attend the National League of Cities Conference in Atlanta, Georgia, and a big to-do was made by tire Budget Review and Finance Committee and Bakersfield Californian. Councilman Christensen stated he felt this should be referred to the Budget and Finance Committe so they can decide what should be done. Councilman Christensen stated he will also submit a detailed list to the Budget and Finance Committee so a determination can be made on what functions the Councilmen can attend and how much mileage will be paid and he expects an answer at the next Council Meeting. Councilman Rockoff stated he would make Councilman Christensen's motion for him and refer the matter to the Budget and Finance Committee. This motion was unanimously approved. Councilman Dickerson made a motion that the City join the National League of Cities and tittend the conference March 23 through 26, 1985. Councilman Christensen and Rockoff indicated they could not vote for the motion without further information on where it will be held and how much it will cost. During discussion Councilman Dickerson withdrew his motion aud referred the entire matter to staff for a recommenda- tion. Upon a motion by Councilman Childs, Mr. Lawrence R. Henry, 3212 Purdue Drive, was appointed to fill a vacancy on the Board of Building Appeals, created by the resignation of John R. Farquhar. REPORTS Councilman Childs, member of the Legislative Committee, read Report No. 1-85 regarding Support of Assembly Bill 115 (Cortese), as follows: At the City Council meeting of February 27, Councilman Rollie Moore recommended Council support of Assembly Bill 115 (Cortese). This issue then was referred to the Legislative Committee. 45O Bakersfield, California, March 13, 1985 - Page 10 We recently met to discuss this bill and learned that a hearing has been set by the Assembly Local Government Committee on March 12, 1985. After reviewing the bill, we are in full support, as there are pres- ently three existing laws which apply to local governments in California, the Knox- Nisbet Act of 1963, District Reorganization Act of 1965, and (DRA) the Municipal Organi- zation Act of 1977 (MORGA). This situation makes boundary change pro- ceedings complicated and confusing for LAFCO's, counties, cities, special districts and the public. Assembly Bill 115 would combine the three existing laws into one law which would result in a benefit to the public. Attached to this report is a summary of Assembly Bill 115. Also attached is a letter from the Legislative Committee which was sent to the As- sembly Local Government Committee. According to past practice, this committee sent this letter of support due to the timing of the Assembly Committee meeting hearing. The League of Cali- fornia Cities, the Local Agency Formation Com- mission (LAFCO), and this City's LAFCO representa- tative, Councilman Rollie Moore, all expressed their support. Therefore, we are recommending Council approval supporting Assembly Bill 115. Upon a motion by Councilman Childs, Legislative Committee Report No. 1-85 regarding Support of Assembly Bill 115 (Cortese), was accepted; and support of Assembly Bill 115, was approved. Councilman Barton suggested that in the future, if the Legislative Committee has to meet a timetable they make recom- mendations on an individual basis and not as a Committee of the Council. CONSENT CA[.,EN DAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 4774 to 5100, inclusive, in the amount of $1,658,527.80. Claim for Indemnity from Sears, Roebuck and Co., c/o Robinson, Palmer & Stanton, Attorneys at Law, 3434 Truxtun Avenue, Bakersfield. (Refer to City Attorney) Claim for Personal Injuries from John Hasbun, 11100 Caribou Road, Reno, Nevada, and Victor Hasbun, 32 Olive Terrace, Porterville, California. (Refer to City Attorney) Claim for Damages from California Living Museum, c/o Fachin, McCartney & Twisselman, Attorneys at Law, 1830 Truxtun Avenue, Suite 212, Bakersfield. (Refer to City Attorney) Bakersfield, California, March 13, 1985 - Page 11 451 e, f, g, adopted Ayes: Street Right-of-Way Deed from H.M.B. Group providing for additional right-of- way along Truxtun Avenue at the southwest corner of Truxtun Avenue and Commercial Way as required by Site Plan Review No. 78-84-B. Application for Encroachment Permit from S. A. Builders, 1.808 Camino Primavera, Bakersfield, for construction of a 2-foot high retaining wall behind sidewalk at 2600 Fountain Drive. Plans and Specifications for Traffic Signal Modifications on "H" Street at 4th Street, Belle Terrace and Wilson Road. Plans and Specifications for Traffic Signal Modifications on Wible Road at Wilson Road. Plans and Specifications for resurfacing "L" Street between Truxtun Avenue and 24th Street. Plans and Specifications for resurfacing Niles Street from Baker Street to Union Avenue. Plans and Specifications for improving Kentucky Street froin East City Limit to Stockton Street. Plans and Specifications for construction of Street Improvements on Wible Road, near Pacheco Road. Contract Change Order No. 1 to Contract No. 84-229 with Union Engineering Company, Inc., for Pacheco Pipe Widening at Branch 1 of the Kern Island Canal. This Change Order provides for labor and material to extend reinforced concrete headwalls. The height of the existing headwalls was ob- tained from Kern County Road Department "as-built" plans. This height proved to be incorrect when field measured after water was removed from the canal system. The Change Order increases the original contract of $40,557.50 by $8,139.00 Agreement between the City of Bakersfield and Anita Shaw for instruction in Cross Stitch Classes for a period of four weeks at Southwest Branch Library. Agreement between tile City of Bakersfield and Laurel Schremp for instruction in Ceramics for a period of 3 months at Wilson Library. Upon a motion by Councilman Rockoff, Itelns a, b, c, d, h, i, j, k, 1, m, n, and o of the Consent Calendar, were by the following roll call vote: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Noes: None Absent: None 452 Bakersfield, California, March 13, 1985 Page 12 ACTION ON BIDS Upon a motion by Councilman Childs, low bid of Pacific International Merchandising Corporation, in the amount of $4,401.65, rejected. for ten Colt Weapons, was accepted and the other bid Upon a motion by Councilman Barton, low bid of Jensen International, in the amount of $336,862.11, for four Refuse Trucks, was accepted and all other bids rejected. Upon a motion by Councilman Ratty, low bid of W. M. Lyles Company, in the amount of $125,537.88, for construction of Water Mainline on Carrier Canal near Truxtun Avenue and Quailridge Drive - Phase II, was accepted all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid of Archie Crippen Demolition and Excavation, in the amount of $64,900.00, for Demolition and Excavation of Wastewater Treatment Plant No. 1, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, low bids of Moore Recreation & Park Equipment (19 items), in the amount of $41,240.36, and Miracle Recreation Equipment Company (4 items), in the amount of $6,547.62, for Playground Equipment, were accepted and all other bids rejected. Upona motion by Councilman Moore, low bids of California State Contract (16 items), in the amount of $145,534.76, and Jim Burke Ford (14 items), Pickup Trucks (new and accepted and all other Upon a motion in the amount of replacement for bids rejected. by Councilman $139,946.66, for thirty various departments), were Dickerson, use of savings from the purchase of other Fire Department Communications Equipment, was approved, usual bidding requirements were dispensed with, in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price with Motorola Communications for Nine Portable Radios for the Fire Department, not to exceed the amount of $24,700.00. Bakersfield, California, March 13, 1985 Page 13 453 HEARINGS This is the time set for continued hearing before the Council regarding proposed adoption by the City Council of the Kern River Element and Proposed Negative Declaration to the Bakersfield Metropolitan Area Genera] Plan. This hearing was duly advertised and the property owners notified as required by law. The public portion of this hearing was closed at the Council Meeting of December 19, 1984, and the public testimony was referred to staff for review and comments. This hearing was con- tinued from the meeting of January 9, 1985, in order to allow staff time to review and respond to the public testimony. The staff report will not be completed in time for advance review by the Council and interested public. Upon a motion by Councilman Christensen, action on con- tinued hearing before the Council regarding proposed adoption by the City Council of the Kern River Element and Proposed Negative Declaration to the Bakersfield Metropolitan Area General Plan, was continued until the Council Meeting of April 24, 1985, by the fol- lowing roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Noes: None Absent: None NEW BUSINESS Adoption of Resolution No. 30-85 of the Council of the City of Bakers- field fixing the dates of meetings of the Council for the remainder of Calendar Year 1985. Upon a motion by Councilman Dickerson, 30-85 of the Council of the City of Bakersfield Resolution No. fixing the dates 1985, was adopted by the following roll ca]] vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Noes: None Absent: None of meetings of the Council for the remainder of Calendar Year 454 Bakersfield, California, March 13, 1985 - Page 14 Adoption of Resolution No. 31-85 of the Council of the City of Bakers- field amending the Rate Schedule applicable to Towing Service in response to Police Dispatch. This resolution sets the amount that may be charged for heavy-duty towing services given in response to Police Dispatch. Previous resolutions did not include heavy-duty towing service. All other rates remain unchanged. Upon a motion by Councilman Dickerson, Resolution No. 31-85 of the Council of the City of Bakersfield amending the Rate Schedule applicable Dispatch, was adopted Ayes: Councilmen None None Noes: Absent: to Towing Service in response to Police by the following roll call vote: Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore This Works Manager tion of funds Adoption of Resolution No. 32-85 of the Council of the City of Bakers- field authorizing filing of Application and verifying that sufficient funds are available and that all other matters prerequisite to awarding the contract for a Grade Separation on "H" Street at the Atchison, Topeka & Santa Fe Railway Company Track in the City of Bakersfield will be undertaken. resolution is necessary to authorize the Public to file an application with Caltrans for the alloca- for the "H" Street/Santa Fe Railroad Grade Separation and also verif the 10% Local Share of the project This project has a No. 5 proceed in 1985-86 only if the No. ies that the City will make available the funds for in Fiscal Year 1985-86. priority Statewide and will 4 priority Statewide, City of E1 Monte, cannot meet the conditions prerequisite to an order for construction from the Public Util}ties Commission. Upon a motion by Councilman Barton, Resolution No. 32-8] of the Council of the City of Bakersfield authorizing filing of Ap- plication and verifying that sufficient funds are available and that all other matters prerequisite to awarding the contract for a ,455 Bakersfield, California, March 13, 1985 Page 15 Grade Separation on "H" Street at Railway Company Track in the City taken, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Dickerson, Moore Noes: None Absent: None the Atchison, Topeka & Santa Fe of Bakersfield will be under- Adoption of Amended Resolution of Intention No. 979 of the Council of the City of Bakersfield to establish Maintenance District No. 9 (Renfro). Christensen, This amended Resolution of Intention revises the hearing date originally set for March 20, 1985 to March 27, 1985. Upon a motion by Councilman Childs, Amended Resolution of Intention No. 979 of the Council of the City of Bakersfield to establish Maintenance District No. 9 (Renfro), was adopted by the following roll call vote: Ayes Councilmen Ratt Noes None Absent: None y, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Adoption of Resolution No. 33-85 of the Council of the City of Bakers- field preliminarily adopting, con- firming and approving Public Works Manager's Report; appointing time and place for hearing protests to the Proposed District; the boundaries thereof; the fairness of the benefit formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 979, Maintenance District No. 9). This resolution gives preliminary approval to the report of the Public Works Manager, including Maintenance District No. 9 (Renfro) boundary, benefit formula, budget and assessments, and sets the protest hearing for the Council Meeting of March 27, 1985. Upon a motion by Councilman Dickerson, Resolution No. 33-85 of adopting, appointing time and palce for hearing protests District; the boundaries thereof; the fairness the Council of the City of Bakersfield preliminarily confirming and approving Public Works Manager's Report; to the Proposed of the benefit 456 Baker~fi,Jld, C~,I i ?,,,.~;,~, i'I., ', ~'~, i!)85 Page 16 formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 979, Maintenance District No. 9), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Noes: None Absent: None Adoption of Amended Resolution of Intention No. 980 of the Council of the City of Bakersfield to establish Maintenance District No. 10 (ARCO). This amended Resolution of Intention revises date originally set for March 20, 1985 to March 27, 1985. Upon a motion by Councilman Dickerson, Amended Resolution of Intention No. 980 of the Council of Bakersfield to establish Maintenance District No. adopted by the following roll call vote: Ayes Councilmen Noes Absent: None None the hearing the City of 10 (ARCO), was Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Adoption of Resolution No. 34-85 of the Council of the City of Bakers- field preliminarily adopting, con- firming and approving Public Works Manager's Report; appointing time and place for hearing protests to the Proposed District; the boundaries thereof; the fairness of the benefit formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 980, Maintenance District No. 10). This resolution gives preliminary approval to the report of the Public Works Manager, including Maintenance District No. 10 (ARCO) boundary, benefit formula, budget and assessment, and sets the protest hearing for the Council Meeting of March 27, 1985. Upon a motion by Councilman Barton, Resolution No. 34-85 of the Council of the City of Bakersfield preliminarily adopting, confirming and approving Public Works Manager's Report; appointing time and place for hearing protests to the Proposed District; the boundaries thereof; the fairness of the benefit formula; the Bakersfield, California, March 13, 1985 Page 17 amount of assessment to be levied against each parcel and the res- ervation of right to perform work by City forces (Resolution of Intention No. 980, Maintenance District No. 10), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Dickerson, Moore Noes: None Absent: None date Adoption of Amended Resolution of Intention No. 981 of the Council of the City of Bakersfield to establish Maintenance District No. 11 (Harris). This amended Resolution of Intention revises the hearing originally set for March 20, 1985 to March 27, 1985. Upon a motion by Councilman Dickerson, Amended Resolution of Intention No. 981 of the Council of the City of Bakersfield to establish Maintenance District No. 11 (Harris), was adopted by the following roll coil vote: Ayes: Councilmen Ratty, Rockof~, Barton, Childs, Christensen, Dickerson, Moore Noes: None Absent: None Adoption of Resolution No. 35-85 of the Council of the City of Bakers- field preliminariIy adopting, con- firming and approving Public Works Manager's Report; appointing time and place for hearing protests thereof; the fairness of the benefit formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 981, Maintenance District No. 11). This reso]ution gives preliminary approval to the report of the Public Works Manager, including Maintenance District No. 11 (Harris) sets the boundary, benefit formula, budget and assessment, and protest hearing for the Council Meeting of March 27, 1985.. Upon a motion by Councilman Dickerson, Resolution No. 35-85 of the Council of the City of Bakersfied preliminarily adopting, confirming and approving the Public Works Manager's Report; appointing time and place for hearing protests thereof; the fairness of the benefit formule; the amount of assessment to 458 Bakersfield, California, March 13, 1985 Page 18 be levied against each parcel and the reservation of right to per- form work by City forces (Resolution of Intention No. 981, Maintenance District No. 11), was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Dickerson, Moore Noes: None Absent: None with only similar Childs, Christensen, Removal from the Agenda of Renewal of Lease Agreement No. 80-55 with Warner Amex Cable Communications, Inc., providing for lease of property for the purpose of housing cable relay equipment. This agreement is a renewal of an existing agreement the lease amount changes to reflect market value of lease agreements. City Manager Carava]ho stated staff is removing the Renewal of Lease Agreement Communications, Inc., from done on it. No. 80-55 with Warner Amex Cable the agenda because more work has to be Approval of Agreement between the City of Bakersfield and Tenneco Realty Development Corporation amending City/ Tenneco Agreement No. 83-108 regarding limited access to certain parcels of land at the intersection of Coffee Road and Stockdale Highway. The prior agreement provided for fixed access points to the parcels and after the development plan was prepared a minor modification of the access points became necessary. This amended agreement allows for a traffic signal on Coffee Road and an ad- ditional signal on Stockdale Highway, provided a traffic engineer- ing study establishes the need for this signal. All costs for the signals will be paid for by the Developer. Upon a motion by Councilman Dickerson, Agreement between the City of Bakersfield and Tenneco Realty Development Corporation amending City/Tenneco Agreement No. 83-108 regarding limited access to certain parcels of land at the intersection of Coffee Bakersfield, California, March 13, 1985 Page 19 t59 Road and Stockdale Highway, was approved and the Mayor was author- ized to execute same. Authorization granted to use $50,000 of Revenue Sharing Funds to remodel restrooms and showers at Fire Station No. 2, 716 East 21st Street, and staff directed to proceed with design and specifications and request for bids. The restroom and facilities at Fire Station No. 2 are as- built in 1938 and are in need of upgrading. The estimated cost tc upgrade these facilities is $50,000. Revenue Sharing Funds are available from savings on the construction of the City-County Fire Trainin~ Center. Upon a motion by Councilman Christensen, authorization was granted to use $50,000 of Revenue Sharing Funds to remodel restrooms and showers at Fire Station No. 2, 716 East 21st Street, and staff was directed to proceed with design and specifications and request for bids. Approval of request for use of Street and Public Property Permit from Western Geophysical to perform geophysical surveys along City streets and City owned property with the conditions that all residents in area to be notified one week in advance and no surveys be conducted on weekends. Western Geophysical requests permission to conduct geophysical "vibrosis" surveys along the following routes: Columbus/Auburn from Chester Avenue to east end of Auburn Street. 2. "H" Street from Brundage Lane to Golden State Highway. 3. Pacheco Road from Stine Road to Eve Street. 4. Kern River Bed approximately ½ mile east of Enos Lane. 5. City Municipal Farm along Pacheco Road align- ment. 6. A cable crossing of Pierce Road at Briton Way. They agree to complete the work within 90 days, indem- nify the City, provide proof of insurance, provide signing, not work in residential areas on weekends, inform the adjacent resi- dents and provide an agent at work locations. 46O Bakersfield, California, March 13, 1985 - Page 20 physical they over. Councilmen Moore and Barton suggested that Western Geo- notify the affected residents prior to doing the survey. Mr. Dick Bice, representing Western Geophysical, stated would notify the residents along the route and one block Mr. Joe Bushart, Western Geophysical, in answer to a question by Councilman Rockoff, stated most of the ca]is they receive in their office are out of curiosity and not complaints. Councilman Rockoff requested that a condition be placed on approval of this permit that all affected residents be notified at least one week in advance of the vibrosis survey. Public Works Manager Hawley stated that condition would be added to the permit. Councilman Childs requested that the next time a survey is going to be conducted in his Ward that the item be brought before the Council for approval. Councilman Dickerson stated his basic concerns are that there is no weekend activity allowed when these permits are issued and the City's costs are met. Councilman Rockoff suggested that Council direct staff to make it a standard policy that when these permits are issued that all affected residents be notified and no surveys be con- ducted on weekends. Public Works Manager Hawley stated in the initial per- mits issued there was no reference regading working on weekends. When the question came up all of the firms, that were issued per- mits, were contacted and requested to refrain from testing on week- ends and holidays. That condition had been added to all the new permits that have been issued. Staff will also add a condition on this permit and in the future all affected residents will be noti- fied one week in advance. Upon a motion by Councilman Barton, request for Street and Public Property Permit from Western Geophysical form geophysical surveys along City Streets use of to per- and City owned property, Bakersfield, California, March 13, 1985 Page 21 was approved, with the conditions that staff make it a standard policy that when these permits are issued that all affected resi- dents be notified and no surveys be conducted on weekends. RECESS Upon a motion by Councilman Barton, the meeting was recessed at 11:50 P.M., until Thursday, March 14, 1985, at 12:00 Noon, for a Closed Session regarding Labor Relations and Pending Litigation. MAYOR of the City of BakerS~field, Calif. ATTEST: ? DEPUTY CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California Council ma/lp 462 Bakersfield, California, March 14, 1985 of Minutes of a recessed meeting of the Counci of the City Bakersfield, California, held in the Council Chambers of City Hall at 12:00 Noon, March 14, 1985. The meeting was called to order by the Pledge of Allegiance. Present: by Mayor Payne, followed The City Clerk caIled the roll as follows: Mayor Payne. Councilmen Ratty, Rockoff (seated at 12:10 P.M.), Barton, Childs, Christer~sen (seated at 12:10 P.M.), Dickerson (seated at 12:10 P.M.), Moore Absent: None CLOSED SESSION Upon a motion by Councilman Barton, the Council recessecl to a Closed Session at 12:08 P.M., for the purpose of discussing Labor Relations and Pending and Threatened Litigation. The recessed meeting was reconvened at 2:57 P.M. COUNCIL STATEMENTS Councilman Moore expressed his concerns for the the Council's security, especially during recesses when they have been verbally accosted and grabbed in the hallway between the C]erk's Office and Council Chambers. Councilman Moore suggested that tile Sergeant of Arms be posted at the double doors during a recess period to assure the puOlic does not enter that hallway. Councilman Dickerson also expressed his concerns for the Council's security during recesses. City Attorney Oberho]zer has expressed his concerns that during recesses the Council is not discussing Council business. Perhaps Press Passes can be issued to the news media so they will be allowed in that area, but people who are agitated should not be allowed to flow freely in the hall- ways and have access to Councilmen. City Attorney Oberholzer stated this Council, more so than any other Council, take recesses during some very critical times before votes. He felt the Council will subject themselves to real heavy criticism if they go into an area where neither the public nor the press is allowed. There is a perception that Bakersfield, California, March 14, 1985 Page 2 463 something is going on during a recess and walks around in security, that is fine, but if where the public is not allowed there There is no problem if extra security to close off an area is inviting some Councilman Rockoff stated double doors locked. those recesses. If the Counci takes the Council Chambers, where there is the Council evacuates to an area will be some real criticism. is posted in that area, but problems. he would still like to see the Councilman Christensen stated he has heard lots of criticism that the Council goes into the hal]way to get together and break the Brown Act and decide exactly how they want to vote. Police Chief Price stated he can post the Sergeant of Arms in the hall during recesses. He would prefer not to assign two officers, but will do what he has to for the security of the Council. The problem with locking that hall is, that is the only wheelchair access to City Hall and the ramp would have to be moved. Mayor Payne stated the only public telephone is also in that hallway. Police Chief Price suggested that the pay telephone be moved and he would inform the Sergeant of Arms to keep a closer eye on the Council. If that does not work he will do whatever necessary to secure the Council. He suggested that gates be placed in the Council Chambers between the Council and audience. He also informed the Council that an officer has not been assigned to cover the Redevelopment Agency meetings. From a Police point of view, he would like to see that door locked, because the Council is vulnerable. Councilman Dickerson suggested that the an open invitation to go into that hallway during they know the Council is being open. City Manager Caravalho stated there are for renovating the Council Chambers and staff wi]] installing a control gate in the Council Chambers, the pay telephone to the outer area, post a notice press be given recesses, so funds set aside move towards explore moving that the double 464 Bakersfield, California, March 14, 1985 Page 3 doors are locked, leave the back door open until 5 to 10 minutes after the meeting starts for people in wheelchairs and lock it thereafter, work with the Sergeant of Arms to station that person duriag recesses in the hallway. Those improvements will be made to see how they work. That will also be done for Redevelopment Agency meetings. Councilman Christensen expressed his concerns with vio- lating the Brown Act. Upon a motion by Councilman Moore, staff was directed to accomodate the problems with security of the Council as expressed in this meeting. There being no Council, upon a motion adjourned at 3:15 P.M. ADJOURN2ENT further business to by Councilman Barton, come before the the meeting was MAYOR of the City of Bakersfield, Calif. ATTEST: ,, / ~ ~.~-~- ~ . //- ,-~ ,.~., DEPUTY CITY C[~ERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma/lp Bakersfield, California, March 18, 1985 Minutes of a special meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 12:00 Noon, March 18, 1985. The meeting was called to order by Mayor Payne, by the Pledge of Allegiance and Invocation by Councilman Moore. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Rockoff (seated at 12:05 P.M.), Barton, Childs (seated at 12:18 P.M.), Christensen, Dickerson (seated at 12:07 P.M.), Moore, Ratty Absent: None the City of City followed Rollie CLOSED SESSION Upon a motion by Councilman Barton, the Council recessed to a Closed Session at 12:05 P.M., for the purpose of discussing Labor Relations. The special meeting was reconvened at 1:59 P.M. ADJOURNMENT There being no further business to come Council, upon a motion by Councilman Christensen, meeting was adjourned at 2:00 P.M. before the the special MAYOR of the City of Bal~ersfield, Calif. ATTEST: DEPUTY CITY CI,ERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma/lp 466 Bakersfield, California, March 20, 1985 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 P.M., March 20, 1985. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Carolyn Tyler of the Cain Memorial A.M.E. Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Barton, Childs, Christensen, Dickerson, Moore, Ratty, Rockoff Absent: None Upon lar meeting of a motion by Councilman Childs, minutes of the February 27, 1985, were approved as presented. PRESENTATION BY MAYOR regu-. Mayor Payne presented a Proclamation to Marion C. Barnard, M.D., for his many years of dedication to this community. The Proclamation declared February 10, 1985, as "Dr. Marion C. Barnard Day." Mayor Payne also presented a "Key to the City" to Dr. Barnard inscribed as follows: "In ftonor of Marion C. Barnard, M.D., for his Medical and Missionary Service to Our Community by a Grateful City of Bakersfield 1985." Mayor Payne read a leter of commendation to Mr. Richard 55 year screams, coura- knife, old woman at Valley Plaza Shopping Mr. Franklin, without regard for Franklin expressing the community's appreciation for his geous act on March 1, 1985, when a suspect, armed with a was attempting to rob a Center. Alerted by her his own safety, pursued, disarmed and apprehended the suspect. During the apprehension the suspect attempted to strike and jab Mr. Franklin with his knife. Mr. Franklin's decision to act as he. did can only be considered as heroic. Mayor Payne presented him with a plaque and stated Mr. Franklin's name is being added to the honor role of citizens who have earned the Merit Eagle Award. Bakersfield, California, March 20, 1985 Page 2 .467 Police Chief Price stated this commendation is very well deserved and read the inscription on the plaque, as follows: "To Richard Franklin in recognition of his acts of heroism aiding a fellow citizen on March 1, 1985, from Thomas A. Payne, Mayor of the City of Bakersfield. Mayor Payne presented a Proclamation to City Clerk Marguerite Anderson, who is retiring, proclaiming March 29, 1985, as "Marguerite Anderson Day." Mayor Payne also presented a "Key to the City" to Marguerite Anderson, inscribed as follows: "Presented to Marguerite Anderson in Appreciation for her Professionalism, Efficiency and Leader- ship as City Clerk of California's Fastest Growing Community, March 29, 1985, from Thomas A. Payne, City of Bakersfield. Mayor Payne declared a brief recess at 7:15 P.M. and reconvened the meeting at 7:25 P.M. CORRESPONDENCE Upon a motion by Councilman Barton, communication from Governor George Deukmejian, dated March 7, 1985, regarding Child Abuse Prevention Month and Victims' Rights Week,was received and referred to staff. Mayor Payne stated the Mayor's Office has issued a Proclamation declaring April as Child Abuse Awareness Month and a copy has been mailed to the Kern Child Abuse Prevention Council. A Proclamation will also be prepared declaring April 14-20, 1985, as Victims' Rights Week. Upon a motion by Councilman Bartoil, communication from J. W. Payton, 2007 Clinton Avenue, Alameda, California, dated March 10, 1985, requesting that the City join other cities and counties in expressing their outrage of the Legislators waste of money, was received and ordered placed on file. COUNCIL STATEMENTS Councilman Moore informed the council that he will not be atteoding the Water Meeting in Sacramento, sponsored by the University of California Cooperative Extension, because the hear- ing on the Kern River Plan has been Councilman Moore thanked the Council to attend that meetiug. continued to for granting the same date. him permission 468 Bakersfield, California, March 20, 1985 - Page 3 Councilman Childs reported on a tour of Ward 1 attended by five Councilmen and expressed his appreciation for their time and effort. Councilman Childs suggested that, in the future, tours be scheduled of each Ward so the Council can familiarize themselves with the entire City. Councilman Barton, referring to an expansion taking place at Valley Plaza Shopping Center, requested that the Intergovernmental Relations Committee work with the County to extend Hughes Lane from Ming Avenue north, to help traffic circulation around Valley Plaza. Councilman Barton stated at the meeting held on March 13, 1985, the City took a very serious step backwards. The refusal to grow and redevelop is one matter, but not to consider the importance of jobs, which was estimated to be in excess of 1,300, is important enough not to be in swept under a bureaucratic rug. It was brought out, at that meeting, by another Councilman and himself, that there would be a rip- pling effect, because of the Council's negativisim, that would set the City back years, if not destroy the City's growth and prosperity. A prosperity that cushioned this com- munity during the depression years and made Bakersfield the fastest growing City in the nation. It was just a matter of hours before it was learned, because some Councilmen have no interest in this City, that the convention hotel was in jeop- ardy and losing its financing. If it is lost there will be another 200 jobs lost. With the unemployment rate at approx- imately 11% in Kern County, and in some parts of Ward 1 the rate goes as high as 30%, counting these losses, along with ment of the City is on their consciences and they will have to live with it. Councilman Barton wanted the citizens to know he is not a part of the negative thinking. Quoting convention, motel, hotel and retail dollar losses, there is another important loss and that is the City's. This cannot be counted in dollars, but in the long run hurts the com- munity. The Councilmen who voted against jobs and develop- Bakersfield, California, March 20, 1985 - Page 4 4.69 from the Bakersfield Californian article of March 15, 1985, Editorial Page, last sentence, "The Redevelopment Agency had a golden opportunity and blew it, yet again." He wanted the people of Bakersfield to know he is not one of the group that "blew it, yet again." Councilman Dickerson stated the Bakersfield Chamber of Commerce is getting a group together to go to Washington, D.C., to participate in the National Chamber of Commerce Conference, April 27 through 30, 1985. Councilman Dickerson suggested that the Council skip attending the National League of Cities Conference in Washington, D.C., March 23 through 26, 1985, and participate in the Chamber of Commerce's Conference, not only for the benefit and help of the local Chamber, but provide an opportunity for the council to meet with both U. S. Senators and Congressman for this area. The Council must notify the Chamber, by Friday, who will atend and provide the funds. Councilman Dickerson then citied the costs for attending this conference. Councilman Ratty stated he cannot support this request, because it is not a function of the City or League. He did not feel this would benefit the City. He also felt it is a public relations type of activity and that is a function of the Chamber of Commerce. Councilman Rockoff stated it is commendable that the Chamber of Commerce will send representative to the National Chamber of Commerce conference, but agrees with Councilman Ratty that this is not a function of the City. During discussion, Councilman rockoff stated the Council is on record in support of Enterprise Zone Legislation and it might be appropriate for the Council to communicate with the Chamber of Commerce and request that, when they meet with elected officials in Washington, D.C., they express the interest and desire of this Council to have Enterprise Zone Federal Legislation. Councilman Dickerson expressed his concerns about establishing a good working relationship with this area's Federal Legislators. 47O Bakersfield, California, March 20, 1985 - Page 5 Councilman Christensen stated he felt the telephone can be a good tool in establishing relationships and he did not think the expenditure of funds to attend this conference is justified. Councilman Dickerson, referring to an article in the Bakersfield Californian, Sunday, March 17, 1985, that character- ized him as being in league with some other developer involved with projects in the downtown area, stated he is his own person if there is a concern from any other Council member regarding how he votes, or if he has a conflict, please raise the issue. He does not have a problem withdrawing from this or any other vote in the future. When he campaigned for this office he made a promise that he would avoid even the appearance of conflicts. If there is the appearance of a conflict he would be happy to withdraw on any proposal at any time. Receiving no response from the Council, Councilman Dickerson stated he assumes there is no objection if he continues on the Redevelopment Agency voting on business occurring there and within the Council. Councilman Dickerson stated he feels this Council and Redevelopment Agency needs to frequently and faithfully beat the encourage area, as drum for downtown redevelopment. The Council needs to the public that they are for projects in the downtown long as they make sense to the entire Agency. The Council and Redevelopment Agency needs to survey the public and find out what their concerns and issues are, dealing with redevelopment. The Council needs to be proactive in inform- ing the public through speeches, slide presentations and any other way of disseminating information that the City, in general, is supportive of redevelopment. He was a lack of communications. Councilman Rockoff went felt the failure of this matter on record as fully supporting Councilman Barton's statement regarding the Galleria Project. The Agency has expressed that they are for downtown redevelopment, except when it comes to actually taking action that makes it happen. Based on what happened last Wednesday, he is very concerned 471 Bakersfield, Califonria, March 20, 1985 - Page 6 that the Council does not put their vote where their mouths are. Talking about sending signals to the community that the Council is pro downtown redevelopment, the Council failed last Wednesday. He believes the vote to go ahead with the Galleria Prject was unani- mous when it was first proposed, and only because of the time it took to develop the project, certain members of the Agency became skittish and an election took place that seated new members on the All that happened on that develop- signals to people who wish to deve- rumor that the financing of the Agency with fresh viewpoints. ment was to send very negative lop. At this point there is a hotel has been jeopardized. Hopefully, it has not happened, because even though he feels defeat on the Galleria Project, it does not deter him from wanting to continue, at full speed, the efforts to redevelop downtown. Councilman Rockoff stated for the record, that he voted for the Galleria Project and was not one of the members of the Council who "blew it" again. Councilman Christensen stated he felt Councilman Barton is wrong trying to make the project one of labor. If the demand and money is here, there will be plenty of projects move in. The rumors of doom and gloom do not need to be spread. If the money is there the project will go forward. He hopes the Council is not so narrow-minded that a moratorium is passed against Mr. Brock, as in the tall was done several years ago to prevent him from building northeast. What is needed is a shopping center, not two buildings with offices and very few commercial enterprises. There are many reasons the project failed besides labor. When the pro- jects come through labor will be taken care of. Councilman Childs, speaking in favor of Councilman Barton's statement, stated last week when Councilman Dickerson was speaking, the vote was tied and he came up with statements like, "beat the drum" for new projects, the Council does not want to drop the ball when it's in our court, the Council is dropping it again, he is for downtown redevelopment, and all those nice phra- ses; no one could have told him Councilman Dickerson's vote would 472 Bakersfield, California, March 20, 1985 Page 7 not have been "aye" for that project. Councilman Childs stated he is concerned about a statement made by Councilman Dickerson that "If any Councilman wants me to not vote on a project, I will not." Councilman Childs felt that statement is very dangerous and he hopes that is not what happened last week. He hopes Councilman Dickerson weighed all the information and made his decision in conjunction with other Councilmen's lobbying, and not solely because a Councilman asked him not to vote for something and he turned his back on the project. Councilman Dickerson was elected to do a job and he feels he is conscientious enough to do that job. Councilmen have to use their own conscience, regardless of that other Councilmen may or may not say in support. Councilman Childs stated he has had concerns expressed to him by the public about the Council's ethical practices and desire to redevelop any area of Bakersfield. They may not have necessarily agreed with Terry More]and's project, but they are in complete agreement that the City Council led them down the primrose path and did not act in good faith. He has also heard that the hotel financing and another developer's projects are in jeopardy. He hopes this is only a temporary rippling effect and the Council will get back to the job at hand in developing downtown and other areas in Bakersfield. Mayor Payne reminded the Council that Councilman Ratty and himself are not participating in this discussion. Councilman Moore stated what makes this country great is that people can have different points of view and still work together to accomplish what needs to be done. He encouraged the Council to look ahead, not back, towards working together and doing things that need to be done. It is agreed there is not a better community in the United States and there are a lot of things going on that can be done and that is what is important. The Council engaged in a lengthy discussion regarding the pros and cons of the Council's Committee system. During discussion, Councilman Dickerson suggested that the Council set up something on the order of the minority and majority group. When issues are discussed, rather than at a Bakersfield, California, March 20, 1985 - Page 8 Committee setting, they can be discussed with each group. Staff can talk to communities, of like size, and find out how the proc- ess works in the community. Perhaps, the Council can evaluate the process for the benefit of the City. Councilman Barton stated, over the years, a lot of things have been referred to Committees that he did not have a position on when it started. He came up with a majority or minor- ity position well after the matter had been discussed. How can a Councilman go into work on a particular question and have a pre- conceived idea? How is a majority and minority determined when you do not know the subject being discussed? If that is going to be done the Council and Agency should have a committee of the whole. A Councilman would have to declare himself a member of the minority or ~najority well before the question is known. Councilman Childs made a motion that the matter of dis- solving the two Redevelopment Agency Committees and the Agency meet as a Committee of the Whole, be referred to the Redevelopment Agency. Councilman Dickerson stated he felt the matter of the Council Committee should be referred to staff to study and come back to the Council with a recommendation. Councilman Christensen made a motion that the hotel pro- be dropped. ject Mayor a motion on After Payne reminded Councilman Christensen that the floor. discussion, Councilman Childs motion that there the mat- ter of dissolving the two Redevelopment Agency Committees and the Agency meet as a Committee of the Whole be referred to the Redevelopment Agency, was unanimously approved. Mayor Payne declared a brief recess at 8:33 P.M. and reconvened the meeting at 8:40 P.M. The following items were listed on the Consent Calendar: a. Allowance of Claims Nos. 5101 to 5333, inclusive, in the amount of $466,294.08. b. Claim for Damages froin Jules Greenberg, 2906 Harmony Drive, Bakersfield. (Refer to City Attorney) , 73 474 Bakersfield, California, March 20, 1985 - Page 9 Claim for Periman, Attorneys Chicago, Personal Injuries from Laura c/o Foss, Schuman, Drake & Barnard, at Law, 11 South LaSalle Street, Illinois. (Refer to City Attorney) Claim for Damages and Personal Injuries frown Robert Chon Rodriguez, c/o Eugene R. Lorenz, Attorney at Law, 1227 California Avenue, Bakersfield. (Refer to City Attorney) Claim for Damages from Alice Lucille Slater, 1212 Club View Drive, Bakersfield. (Refer to City Attorney) Claim for Personal 807 Maitland Drive, City Attorney) Injuries from Ann Gregory, Bakersfield. (Refer to Quitclaim of ownership interest in water well and facilities from Olcese Water District that was installed in City's "2800 Acres" by LaHacienda, Inc., and subsequently quitclaimed to Olcese Water District. Grant Deed from Giumarra Brothers Fruit Company providing additional land for a drainage basin site as required by the Planning Commission for Tract No. 4676, located on west side of Fairfax Road north of Panorama Drive. Alley Right-of-Way Easement from Genevieve Myers providing five foot of additional alley right-of-way in alley north of 8th Street between "R" and "S" Streets, as required for Parcel Map Waiver 12-85. Sewer Line Easement from Presidio Savings and Loan Association providing an easement for sewer line purposes as required for development in the unincorporated area, located at northeast corner of Pacheco Road and Eve Street. Flowage Easement from Presidio Savings and Loan Association providing an easement for drainage purposes as required by the Planning Commission for Parcel Map No. 7449, located on the east side of Stine Road, south of White Lane· Notices of Completion and Acceptance of Work on: Construction of the Maywood Drive Storm Drain, Contract No. 84-41 with James G. Francis. Tract no. 3943, Contract No. 78-36 with B. L. Dickinson, Inc., located at Auburn Street and Tarton Place. Plans and Specifications for construction of chain link fencing around Treatment Plant No. 2 Reservoirs, Phase I. Bakersfield, California, March 20, 1985 - Page 10 475 no Contract Change Order No. I to Contract No. 84-266 with Polymembrane Systems, Inc., for reroofing the Civic Auditorium. This Change Order provides for modification of two flashing details. The modifications, recommended by the roofing material manu- facturer, offer improved weatherproofing characteristics at termination points of the roofing system. The City's consultant reviewed the modifications and recommended their implementation. The Change Order increases the original contract of $141,827 by $6,357.86. Upon a motion by Councilman Rockoff, Items a, b, c, d, e, f, g, h, i, j, k, 1, m and n of the Consent Calendar, were adpoted by the following roll call vote: Ayes Councilmen Barton, Childs, Christensen, Dickerson, Moore, Ratty, Rockoff Noes: None Absent: None DEFERRED BIJS I NESS Approval of request from Ad-Art, Inc., to erect a sign, 75 feet in height, for Union Oil Company at 2518 White Lane. Signs exceeding 50 feet in height require approval of the City Council. The proposed sign would replace an existing sign that is 61 feet 2 inches in height. The total area of the proposed sign is 370 square feet. The area of the existing sign is 144 square feet. The area permitted by ordinance is 240 square feet. There are several existing signs in the area that exceed 50 feet in height and 240 square feet in area. This matter was referred to the Planning Commission for recommendation. The Planning Commission recommended approval to the City Council, subject to the condition that this sign be removed at the time the other similar signs in the area are required to be removed. Councilman Rockoff made a motion that the request from Ad-Art, Inc., to erect a sign, 75 feet in height, for Union Oil Company at 2518 White Lane, subject to the condition that the sign be removed at the time other similar signs in the area are required to be removed, be approved. 476 Bakersfield, California, March 20, 1985 Page 11 Councilman Ratty never come down and none of The limits keep going higher and he should exceed the limits set in the along with this and wi]] vote no on stated if this sign goes up it will the other signs will come down either. does not feel the Council Sign Ordinance. the motion. He cannot go In answer to a question by Councilman Barton, Deputy City Manager Mary Strenn stated the communications states the signs at other gas stations surrounding this one, contain several above 50 feet, that are legal nonconforming signs, that were in place before the existing ordinance was adopted. Fire Chief Needham stated, general]y, the freeway height of signs in that area range from 50 to 65 feet. Anything over 50 feet requires Council action. The Council has generally allowed similar signs in an area Nike this. In answer to a question by Councilman Christensen, Deputy City Manager Strenn stated the Sign Ordinance, being reviewed by the Planning Commission, should be submitted to the Council early in April. Roberta Mason, Ad-Art, Inc., and representing Union Oil Company, stated they are requesting to raise this sign to 75 feet and that would be in compliance with all other signs in the area at the present time. It would give their customers the same free- way visibility as other businesses in the area. Councilman Rockoff's motion that the request from Ad-Art, Inc., to erect a sign, 75 feet in height, for Union Oil Company at 2518 White Lane, subject to the condition that the sign other similar signs in the area are was approved by the following roll call be removed at the time required to be removed, vote: Ayes Councilmen Dickerson, Noes Barton, Childs, Christensen, Moore, Rockoff Councilman Ratty Absent: None Bakersfield, California, March 20, 1985 - Page 12 477 NEW BUSINESS Adoption of Resolution No. 36-85 of the Council of the City of Bakers- field setting fees for issuance and renewal of Permits to Operate Under- ground Storage Tank or Facility and for related services of the Health Officer. This resolution sets fees for services of the Health Officer in relation to regulations governing underground storage tanks containing hazardous materials. The fees specified in the resolution are identical with those applicable in the County. Upon a motin by Councilman Barton, Resolution No. 36-85 of the Council of the City of Bakersifeld setting fees for issuance and renewal of Permits to Operate Underground Storage Tank or Facility and for related services of the Health Officer, was adopted by the following roll call vote: Ayes Councimen Barton, Childs, Christensen, Dickerson, Moore, Ratty, Rockoff Noes None Absent: None Approval of Agreement between the City of Bakersfield and Atchison, Topeka and Santa Fe Railway Company providing the City with the Rai]road's authorization to construct a Grade Separation structure at the inter- section of the Santa Fe ~ailway Tracks with "H" Street and for maintenance responsiblities upon completion of the structure. Upon a motion by Councilman Ratty, Agreement between the City of Bakersfield and Atchison, Topeka and Santa Ee Railway Company providing the City with the Railroad's authorization to construct a Grade Separation structure at the intersection of the Santa Fe Railway Tracks with "H" Street and for maintenance responsiblities upon completion of the structure, was approved and the Mayor was authorized to execute the same. Acceptance of Street Right-of-Way Deed from John Barber providing for dedication of a portion of Wible Road, south of White Lane (4208 Wible Road), to allow widening to design width and authorization granted for payment to be made. 478 Bakersfield, California, March 20, 1985 - Page 13 In exchange for the right-of-way, the City will pay the sum of $10,200 and construct street paving and improvements. The estimated cost of the street paving and improvements is $16,000. The agreed price is based on an independent appraisal of the property value. Funds are budgeted in the current Fiscal Year for this project. Upon a motion by Counci]man Dickerson, Right-of-Way Deed from John Barber providing for Street dedication of a portion of Wible allow widening to design width, granted for payment to be made. Road, south of White Lane (4208 Wible Road), to was accepted, and authorization There being no Council, upon a motion by adjourned at 9:05 P.M. ADJOURNMENT further business to come before the Councilman Christensen, the meeting was MAYOR of ~-City of Bakersfield, Calif. ATTEST: DEPUTY CITY ChERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma/ew/lp Bakersfield, California, March 27, 1985 479 Minutes of Bakersfield, California, held in Hall at 7:00 P.M., March 27, 1985. The meeting was called to of a regular meeting of the Council of the City the Council Chambers of City order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Mike Street of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton None Upon a motion by Councilman Dickerson, minutes of 13, 1985, recessed meeting of March Absent: regular meeting of March 1985 and special meeting of March 18, 1985, were approved as CORRESPONDENCE file a Notice of Public way ramps connecting to Interchange. the 14, presenled. Councilman Childs made a motion to receive and place on Hearing for the proposed addition of high- local streets from Route 99/58 (east) refer proposed addition from Route 99/58 approved. Upon a John R. Coash, Dean of Faculty Members of the College, Councilman Dickerson offered a substitute ~notion to to Legislative Committee a Notice of Public Hearing for the of highway ramps connecting to local (east) Interchange. This motion was streets unanimously posal to motion by Councilman Childs, the School of Department of communication from Arts and Sciences, and Biology, California State 1985, supporting the pro- the Kern River flood plain adjacent Bakersfield, dated March 22, preserve a portion of to the campus, was received and referred to staff. Upon a motion by Councilman Rockoff, communication from S. W. Hair Construction, Inc., dated March 25, General Plan Amendment of 26 acres located on of Fairfax Road, was received and referred to Commission for study and recommendation. 1985, requesting a College Avenue, east the Planning 480 Bakersfield, California, March 27, 1985 - Page 2 Upon a motion by Councilman Dickerson, communication from Elmer F. Karpe Real Estate Center, 4000 Ming Avenue, dated March 20, 1985, requesting a General Plan and Professional Office use of Lots 4 & 5, on the southwest corner of Ardmore Avenue received and referred to the Planning Commission recommendation. Upon a motion from Elmer F. Karpe Real March 20, i985, Commercial use of Lots 1 thru 5, east side of Castleford Street, Lane, was received and referred study and recommendation. Amendment for Commercial Tract No. 4341, located and Akers Road, was for study and by Councilman Dickerson, communication Estate Center, 4000 Ming Avenue, dated requesting a General Plan Amendment for Limited Tract No. 4646, located on the south of Loyalton Avenue to Panama to the Planning Commission for by Councilman Ratty, communication Upon a motion from Richard P. Hewett, Preserve Manager, Kern River Preserve, P.O. Box 1662, Weldon, dated March 25, 1985, supporting the proposed "California State College, Bakersfield Riparian Studies Area", received and referred to staff. was Upon a motion by Councilman Barton, letter of resigna- tion from George J. Lusich, Planning Commissioner, dated March 21, 1985, was received, placed on file and the Mayor requested to send a letter of appreciation. COUNCIL STATEMENTS Councilman Ratty requested Planning Commissioner Lusich'$ resignation letter, dated March 2], ]985, be read into the record as follows: Honorable Mayor and City Council City of Bakersfield 1501Truxtun Avenue Bakersfield, CA 93301 Gentlemen: My term as Planning Commissioner for the City of Bakersfield will be completed on April 15, 1985. (CONTINUED ON NEXT PAGE) Bakersfield, California, March 27, 1985 Page 3 481 I cannot accept reappointment, if offered, because of personal commitments. Further, I am leaving for the Hawanian Islands for some weeks and will not be able to attend the April meetings. I, therefore, resign as Planning Commissioner effective upon acceptance by the City Council. I have enjoyed the last year very much and hope that I have contrib- uted in some way to the growth and prosperity of Bakersfield. As some of you know, I have been involved with Planning Commissions and engineering for more than thirty years. I undertook the appointment with several goals in mind. These goals are structural rather than philosophic. First, the checking process has been greatly acce- lerated. The system to achieve this goal (essentially personnel) was in place at the time I came on the Commission. I urge that the goal of more efficiency be a perpetual goal. Secondly, a system to permit minor divisions (parcel maps, parcel map waivers, waiver of signa- tures, review of block walls, etc.) be handled through staff hearings, or counter approval where possible. The public sector and private sector effort to prepare for the Planning Commission Hearing is an unnecessary use of time and money. The County system of parcel map hearings has been particularly successful. Mr. Saalfield has informed me that a version of this needed revision is already in the mill. Third, the public sector (City Department Heads) should be given the same right of appeal of a Planning Commission decision that the private sec- tor has. Mistakes may be made or misinformation may be given the Planning Commission and under sub- stantial circumstances, a department head should be allowed to appeal to the City Council. This is particularly needed since the Planning Commission is an advisory entity to the Council. Other cities and counties generally operate in this manner for the protection of the public. I particularly wish to thank the very able Staff of the City for its help in the past year. I also wish to thank the other members of the Planning Commission for their patience and kindness and wish them every success in the future. Yours very truly, George Lusich cc: Mr. James Camp, Chairsnan Planning Commission Upon a motion by Councilman Ratty, suggestions made by George Lusich, Planning Commissioner, were referred to the Urban Development Committee for study and recommendation, with a report back from Staff. 482 Bakersfield, California, March 27, 1985 Page 4 Councilman Ratty asked that Councilmembers submit pro- posals and resumes for appointment to the Planning Commission dur- ing the next ten days. The deadline for submitting resumes will be April 7, 1985, and an appointment will be made at the April 10, 1985 Council meeting. Councilman Ratty stated the Consensus Map of new ward boundaries is being drawn up and will be posted in the Caucus Room. He asked that all Councilmembers examine the map and make comments to himself or Councilman Childs. City Attorney Oberholzer stated May 14, 1985, is the final date for the Council to act to change the ward boundaries. Councilman Ratty made the following statement: We have talked before of messages, right or wrong being sent out by this Council, and once again, I feel we have sent a message that is wrong. I refer to a developer who was pressured by a City Councilman for heavy off-site improvements, when in fact that Councilman did not represent the City Council or City Policy. This points to the issue that the City Council and the City should complete its criteria for fundamental financial impact of developments local and city wide. It is only through this vehicle a developer will know what he can expect as a policy and not what the whims of a particular Councilman may be. I find Mr. Dickersoh's interfacing between staff and developer, before staff put reasonable conditions on the project, arrogant and insensitive. The Planning Commission and this Council are the public forums for concerns about conditions of development, not behind the closed doors of one Councilman. Upon a motion by Councilman Barton, Mrs. Victoria Araujo, 2801 Coventry Drive, was reappointed to the Historic Preservation Commission, term expiring March 30, 1989. Mayor Payne announced his reappointment of William Tuculet, 120 Monte Vista Drive, to the Historic Preservation Commission, term expiring March 30, 1989. Adoption of Resolution No. 37-85 of the Council of the City of Bakersfield Recog- nizing an Area of this City for Enterprise Zone Designation. Bakersfield, California, March 27, 1985 - Page 5 483 Upon a motion by Councilman Barton, Resolution No. 37-85 of the Council of the City of Bakersfield Recognizing an Area of this City for Enterprise Zone Designation, was adopted by the fol- lowing roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Batty, Rockoff, Barton Noes: None Absent: None Councilman Christensen made the following statement: To Council and Staff: I have been concerned for some time about the sta- tus of our City's cash flow. It is of great inter- est to me, and I think it also would be to the Council and the public. I would like a detailed report on the cash flow status of our City which includes all balances from property taxes, payroll tax fees, sales tax from Building and Public Works Department, etc., and where these monies are held (which banks) and the present or current balances in each bank and the interest rate being paid by said banks or institutions on said deposits and how they are paid (monthly, quarterly, or yearly, maybe daily, etc.). Do we attract most favorable inter- est rates? Councilman Childs stated recently he and City Manager Caravalho toured the First Ward. One area of concern was the unsightly condition of garbage bins in the Oro Vista Projects. The Housing Authority was contacted and did correct the situation. He read a letter from John H. Vorhees, Executive Director of the Housing Authority dated March 15, 1985, outlining their progress to integrate Bakersfield area projects, and the modernization of the Oro Vista Project. Councilman Childs wanted the citizens of Bakersfield to know that many agencies involved in public funds are concerned about all of Bakersfield and are attempting to improve conditions. Councilman Childs presented the Mayor with a resume for Lola Prince, 1500 Palm Drive, for consideration for appointment to the Board of Directors of the Bakersfield Senior Citizens Center. 484 Bakersfield, California, March 27, 1985 - Page 6 Mayor Payne appointed Lola Prince, ]500 Palm Drive, to the Board of Directors of the Bakersfield Senior Citizens Center. Councilman Moore acknowledged and thanked Gulf Oil Exploration and Production Company for their donation for the relocation work and completion of the their efforts, and asked the Mayor to send a of the Mayor and Council, thanking Gulf for this Mayor Payne stated he received communication from KCC CTA-NEA, Bakersfield, Cerro Coso, Porterville requesting a resolution from the Council the Teacher". Councilman Rockoff of $20,000 Bike Path, staff for letter on behalf contribution. declaring April 16, 1985 as "Day of tion of a Teacher". made a motion to resolution declaring April 16, 1985, authorize prepara- as the "Day of the Mayor Payne stated he would work with the City Attorney to prepare a resolution and would also prepare a Proclamation declaring April 16, 1985, as the "Day of the Teacher" Mayor Payne stated that in an effort to move the Council Meetings along and to remain in compliance with Mason's Rules of Order, during a roll call vote, it is appropriate and permissible to only answer "Yes" or "Aye, "No or "Nay" or to Abstain. Any Councilman, during a roll call vote, wishing to clarify his vote or explain his position on an issue, should ask to be identified after the vote. Councilman Rockoff, Committee, read Report No. 3-85 Beautiful Bakersfield Committee REPORTS Chairman of the Budget and Finance regarding Request from the for a Display Case, as follows: Attached to this report is the proposal from the Beautiful Bakersfield Committee requesting a dis- play case for their annual awards. As outlined in the proposal, the annual Beautiful Bakersfield awards are presented to individuals, small busi- nesses, corporations, and civic or non-profit or- ganization that best promote a positive image of the City of Bakersfield. To honor the recipients of Bakersfield, California, March 27, 1985 - Page 7 this annual award, the Beautiful Bakersfield Committee has requested a display case to be located in the foyer of the City Council Chambers. It is the committee's feeIing that this is a fitting location to honor those who individually and col- lectively contribute so much to Bakersfield. The case will measure approximately six feet by four feet, and the current honorees would be dis- played in framed photographs under which will be engraved plaques identifying the category, the sponsor of the award, and the winner. The Budget and Finance Committee has reviewed this request and, based on figures supplied by staff, we are recommending that the City Council authorize an amount not to exceed $1,000 for this display case, such funds to be taken from the Council Contingency Fund. This committee, along with the Beautiful Bakersfield Committee, is proud to spotlight these citizens and their outstanding contributions to our community. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 3-85 regarding Request from the Beautiful Bakersfield Committee for a Display Case, was accepted; and an amount not to exceed $1,000.00, from the Council Contingency Fund, for the purpose of a display case, was approved. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 4-85 regarding Housing Rehabilitation Loan Agreements, as follows: Since December 12, 1978, the City has financed its CDBG Home Improvement Loan Program under an agree- ment with Security Pacific National Bank. We have been using the interest subsidy program. This pro- gram involves the bank loaning its own money with the CDBG money being used to buy the interest rate down to 4%, 6%, or 9%. This program results in the use of CDBG funds for one loan without those funds being returned for future use. With the current trends in government we need to be able to recap- ture and re-use our funds because of the possibil- ity of fund reductions or program elimination. 486 Bakersfield, California, March 27, 1985 - Page 8 Security Pacific offers a program called the Formal Assurance Program. This program is the same as a direct lending program with Security Pacific serv- icing the loans and functioning as the loan appro- val committee. The direct lending approach to providing home improvement loans will allow the loan pool to be self funding in approximately five years. Under the Security Pacific Program the bank will make the determination of credit worthiness and will service the loan. Staff proposes to use the direct loan method for the best loan candidates. This will insure the success of the program during its incubation phase. Other loans will be processed through Security Pacific's Compensating Balance Program. This pro- gram is like a marriage between the interest sub- sidy and the direct lending program. Our money is still used to buy down the interest rate. However, it is put in a non-interest bearing account. As the loan is repaid, the compensating balance is reduced proportionally. That money is deposited into an interest bearing account and becomes avail- able to fund new loans. We are also providing rehabilitation assistance to rental properties under the Rental Rehabilitation Demonstration Program. Under this program 50% of the loan is funded with CDBG funds and 50% is funded by the bank. Security Pacific's Principal Reduction Program would fund half the loan at mar- ket rate and the City would fund half the loan at a rate that will make the average rates 5% or more below market. This would satisfy the 50/50 split requirement while allowing our funds to return for future use. Staff proposes that we terminate our interest sub- sidy agreement with Security Pacific and enter into agreements for the Formal Assurance Program, Compensating Balance Program, and Principal Reduction Program. The benefits to be derived will be: 1. The creation of a revolving loan fund; 2. A program for funding our high risk loans where the Bank's money will be at risk; A program for funding our low risk loans where CDBG funds will be at risk but will return with interest to support the revolving loan fund; and A program for funding our rental rehabil- itation loans that satisfies HUD's requirements and supports a revolving loan fund. Bakersfield, California, March 27, 1985 - Page 9 487 Staff will determine under which program the loan will be funded. They will also prepare an annual report to the City Council on the progress of the loan fund. Therefore, it is recommended that staff be author- ized to enter into agreement with Security Pacific concerning the three programs in this report. Councilman Rockoff made a motion to accept Budget and Finance Committee Report No. 4-85 regarding Housing Rehabilitation Loan Agreements, and authorize staff to enter into an agreement with Security Pacific concerning the three programs contained in the report. In answer to a question by Councilman Childs, Deputy City Manager Strenn stated the issue of Housing Rehabilitation Loan Agreements has been in committee for quiet a while and tonight's report is a report back to the Council. Councilman Childs requested that action be deferred on Report No. 4-85, regarding Housing Rehabilitation Loan Agreements, until he is provided the date the Council referred the issue to the Budget and Finance Committee. He stated he did not recall the item and did have additional questions. In answer to questions by Councilman Childs, Councilman Rockoff stated the Housing Rehabilitation Loan Program has been a continuing part of the Budget Committee, which oversees this par- ticular program, and which is why staff brought it to Committee. Councilman Childs stated he would like to know the date the proposed changes were brought to the Budget and Finance Committee. He wants to be sure the Council continues to follow guidelines regarding issues Ward is directly impacted by Funds. He wasn't aware this brought to Committee and because his Community Development Block Grant issue was before the Committee and felt there might have been the possibility that his input would have had affect on the report. He does not know the relationship between existing procedures for loan write-offs and low interest loans to individuals of low income. He feels he needs to know the difference between the two forms of loans. 488 Bakersfield, California, March 27, 1985 - Page 10 City Manager Caravalho stated that there is an annual review of this program brought before the Budget and Finance Committee. During the review, it was felt the program should con- tain the ability to have monies that could be lent in the future as paybacks are made into the account. That ~nechanism is not cur- rently available. In other words, if the federal funds vanished, which there is that potential, the City would be without funds to make loans. This program provides the ability to establish a fund, the people that make loans are paying back to and, you can continue the program. That modification to the program was estab- lished during this review. Councilman Childs stated that if there is a modification of a program that will have an impact upon the community or a par- ticular ward, it would seem that subject matter would be brought back to the Council for discussion prior to referring it to a com- mittee. In answer to a question by Councilman Childs, City Manager Caravalho stated the Council floor is the forum for dis- cussion regarding this issue. In the sense that the on-going pol- icy was that the Budget and Finance Committee would review this on an annual basis, and the law provides that staff can discuss an issue with only three councilmembers, an individual Councilmember's opportunity to deal with a subject is when that subject is brought to the Council floor. Community Development Coordinator Grady stated there has been no changes in the scope of the Housing Rehabilitation Program. There has been a modification in the funding mechanism so that the program loan pool would revolve. Under the Interest Subsidy Program, nothing is returned. Under the three methods contained in the staff report, the money will go back into a fund and create a loan pool from which additional loans can be made. The deferred loans, which have no payment due for fifteen years, with a review at the end of a fifteen year period, will still be available. The 4%, 6%, and 9% loans, and Rental Rehabilitation Loans will still be available. Bakersfield, California, March 27, 1985 - Page ll . 489 Councilman Rockoff's motion to accept Budget and Finance Committee Report No. 4-85 regarding Housing Rehabilitation Loan Agreements, and request staff to enter into an agreement with Security Pacific concerning three programs contained in the report was unanimously approved. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 5-84 regarding Senior Citizens Center Agreement, as follows: The City of Bakersfield acquired the property at 530 4th Street for the purpose of establishing a Senior Center. The property was purchased from the Bakersfield Association for Retarded Citizens. BARC had the responsibility for getting the seniors incorporated and on a self-funding basis. The cor- poration was organized in 1983 for the purpose of developing the expertise and experience to manage the center. The City intended upon acquisition of the property to turn over operational responsibility to a non- profit corporation. The Bakersfield Senior Center Incorporated has notified the City that they are ready to assume responsibility for the operation of the Center. We have met with the corporations Executive Director and Chairman of the Board and have prepared an agreement to respond to their request. During the period that BARC was responsible for the Center, the City budgeted $25,000 annually to off- set expenses incurred by BARC. The corporation has asked that this same amount be made available to them daring their first year of operation. The funds are needed to create a reserve that can be accessed until their cash flow is fully developed during the first year of operation. Therefore, we are recommending that the City enter into an agreement with the corporation for the operation of the Senior Center at 530 4th Street. We are also recommending that the request for $25,000 be approved and included in the agreement. The $25,000 will be budgeted from Community Development Block Grant funds, general revenue sharing or the general fund in that order based upon their eligibility for the project. Committee Agreement, Upon a motion by Councilman Rockoff, Budget and Finance Report No. 5-85 regarding Senior Citizens Center was accepted; Agreement with the Bakersfield Senior 490 Bakersfield, California, March 27, 1985 - Page 12 Center Incorporated for the operation of the Senior Center at 530 - 4th Street, was approved and the Mayor was authorized to execute same; and request for $25,000 to offset expenses, was approved and will be budgeted from Community Development Block Grant Funds, General Revenue Sharing Funds or the General Fund in that order, based upon their eligibility for the project. Mr. Lynn Edwards, Chairman of the Board of Directors of the Bakersfield Senior Center, thanked the Council for the con- tinuing support of the Senior Center and indicated the correct name is Bakersfield Senior Center. Councilman Moore, Chairman of the Water Resources Committee, read Report No. 1-85 regarding Amendment to Municipal Farm Lease Agreement No. 78-165, as follows: For many months, this committee has been meeting with staff and Mr. Gary Garone regarding modifica- tions of the present Municipal Farm Lease. It has become apparent that this lease arrangement is no longer feasible under the present farming economic conditions. As a result, the lessor has requested that the present annual lump sum rental fee be changed to a percentage of the gross revenue. Under this arrangement, the lessor would pay more during periods of high farm prices and less during periods of low farm prices. A review of other agricultural leases indicates that most are based on this percentage basis. After many meetings on this issue, this committee, in an attempt to resolve the rental fee problem in the current lease, recommends the following: The annual rent structure be modified from a lump sum amount to a percentage of the gross revenues for the 1985 crop year. 2. The current past due rent be placed on a five-year straight note secured by an assignment of crop proceeds. In addition to the rent fee structure problem, there are other issues in the current lease that need to be resolved, such as long-term development of the property and installation of additional wells. In order to adequately respond to these issues, the City has requested an evaluation by an independent consultant experienced in farm manage- ment. This evaluation will be completed within 30 days at which time the City and lessor will work toward a long-term solution to these various issues. If both parties cannot agree, then the proposed lease arrangement will revert back to the current lease. Bakersfield, California, March 27, 1985 Page 13 491 In order to implement this report, this committee recommends that the City Council approve and authorize the Mayor to execute the attached Amendment to Lease Agreement No. 78-165 and approve and authorize the Mayor to execute the attached &greement between Anderson, Clayton and Company and the City of Bakersfield for completion of crops and appended waiver. Upon a motion by Councilman Moore, Water Resources Committee Report No. 1-85 regarding Amendment to Municipal Farm Lease Agreement No. 78-165, was accepted; Amendment to Agreement No. 78-165 with Gary Garone and Agreement with Anderson, Clayton & Company, with Gary and Veronica Garone for completion of Crops and Appended Waiver, were approved and the Mayor was authorized to execute same· CONSENT CALENDAR The following items were listed on the Consent Calendar: Allowance of Claims Nos. 5334 to 5454, inclu- sive, in the amount of $390,305.57. Claim for Implied and Comparative Indemnity from Golden Empire Transit District, c/o Clifford, Jenkins & Brown, Attorneys at Law, 16~5 "G" Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Interinsurance Exchange of the Automobile Club of Southern California for Mary K. Fort, 2301 "F" Street, Bakersfield. (Refer to City Attorney) do Notices of Completion and Acceptance of Work On: Sandra Drainage System, Phase III, Contract No. 84-176 with J. L. Denio, Inc. Street Improvements on East Brundage Lane from Quantico Avenue westerly, Contract No. 84-199 with Granite Construction Company. CPE/CSPE Single-Ply System for reroofing Civic Auditorium, Contract No. 84-266 with Polymembrane Systems, Inc. Tract No. 4321, Unit "D", Contract No. 81-66 with Auburn Venture, a Limited Partnership, located on Auburn street east of Fairfax Road. Application for Encroahcment Permit from Thomas Jamieson, P.O. Box 1807, Bakersfield, for construction of a two foot eight inch high wall along the driveway to back of sidewalk at 7600 Calle Cerca. 492 Bakersfield, California, March 27, 1985 Page 14 go Application for Encroachment Permit from Dennis Seaton, 9413 Hemingway Place, Bakersfield, for construction of a six foot wooden fence located behind sidewalk on Hersey Way at 9413 Hemingway Place. The adjacent property owners signed a petition approving this request. Plans and Specifications for resurfacing por- tions of Akers Road between Ming and Parker Avenues, and Monitor Street between Merrimac Avenue and White Lane. e, f, and roll call Ayes Noes Absent: Upon a motion by Councilman Rockoff, Items a, b, c, d, g of the Consent Calendar, were adopted by the following vote: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton None None ACTION ON BIDS Upon a motion by Councilman Childs, low bid of International Crystal Mfg. Company, in the amount of for Channel Elements for City of Bakersfield Radios, and all other bids reject. Upon a Saloman Pipeline in the amount of $22,646.27, was accepted motion by Councilman Rockoff, low bid of S. Construction for the Base plus Additions A and B, $92,136.00, for construction of Hartman Avenue Storm Drain, between Carr Street and Rio Bravo Drive, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Mayor Payne declared a brief reconvened the meeting at 8:10 P.M. Upon a K. 2, as follows, was moved Item No. 2 under Hearings. Resolution of recess at 8:00 P.M. and motion by Councilman Dickerson, New Business Item forward on the Agenda to be heard as the Council of the City of Bakersfield approving a Memorandum of Understanding with the California Team- sters Public, Professional & Medical Employees Union, Local 911. Bakersfield, California, March 27, 1985 - Page 15 493 Councilman Diekerson's motion to reconsider the last motion to move New Business Item No. 2 forward on the agenda to heard prior to the Hearings failed by the following roll call vote: Ayes: Councilmen Christensen, Dickerson, Barton Noes: Councilmen Childs, Moore, Ratty, Rockoff Absent: None HEARINGS Fhis is the time set for public hearing before the be Council on an Appeal by Abdullatif Alawdi to the decision of the Board of Zoning Adjustment denying his application for a Conditional Use Permit to allow a retail food market in an exist- ing commercial structure that has been vacant more than one year, in an R-3 (Limited Multiple Family Dwelling) Zone, on that certain property commonly known as 1121 - llth Street. This hearing was duly advertised and the property owners notified as required by law. Petitions have been received from surrounding property owners in opposition to the appeal. A letter has been received from Marla Hansen, 301 "H" Street, supporting the Board of Zoning's denial of the application for a Conditional Use Permit. Mayor Payne declared the hearing open for public par- ticipation. The following persons spoke in support of the appeal: Carol Dykes, 2222 South "O" Street, representing the owner of the building spoke, submitted petitions and exhibits. Elaine Johnson, 1316 llth Street. Eber Lewis Pierce, 1003 "K" Street. Arlene Sanders, 900 "O" Street. Processo Elwell, i000 "K" Street. Jake Sanders, 900 "O" Street. The following persons spoke in opposition to the appeal. Yusef Dean, 801 South Tulare Street. Wilt Abram, 1200 California Avenue. 494 Bakersfield, California, March 27, 1985 Page 16 No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilman Childs stated he walked the neighborhood and spoke with persons at fifteen different residences and only one person was in support of the appeal. He will support the decision of the Board of Zoning Adjustment. In answer to a question by Councilman Moore, Public Works Manager Hawley stated a concern of the Board of Zoning Adjustment was the lack of a parking plan. A new plan has been submitted tonight. Also, there was little support for the pro- ject, but a large number of names on a petition in opposition. There has been a petition submitted tonight in support that was not presented to the Board of Zoning Adjustment. Upon a motion by Councilman Dickerson, a brief recess was declared at 8:45 P.M. in order to allow time for Public Works Manager Hawley to examine the parking plan submitted tonight. The Council meeting reconvened at 8:50 P.M. Public Works Manager Hawley stated the parking plan sub- mitted tonight does not meet the minimum parking requirement as far as size of spaces. However, it does appear the parking layout could be modified to allow for nine spaces. He was not sure if nine spaces would be required. He recommended that if the Council upholds the appeal, it should be contingent upon the park- ing meeting the requirements of the traffic engineer. Upon a motion by Councilman Childs decision of the Board of Zoning Adjustment and Conditional Use Permit requested by Abdullatif Alawdi to allow a retail food market in an existing commercial structure that has been vacant more than one year, in an R-3 (Limited Multiple Family Dwelling) Zone, on that certain property commonly known as ]121 ]]th Street, was denied by the following roll call vote: Ayes: Councilen Childs, Dickerson, Moore, Noes: Councilmen Christensen, Barton Absent: None Ratty, Rockoff, Bakersfield, California, March 27, 1985 - Page 17 495 The the Agenda: following New Business Items were moved forward on NEW BUSINESS Adoption of Resolution No. 38-85 of the Council of the City of Bakersfield approving a Memorandum of Understanding with the California Teamsters Public, Professional & Medical Employees Union, Local 911. An Agreement has been reached with the California Teamsters Public, Professional & Medical Employees Union, Local 911 (Representing City Firefighters), and ratified by the City's affected unit. The agreement is within the parameters established by the City Council. Upon a motion by Councilman Dickerson, Resolution No. 38-85 of the City of Bakersfield approving the Memorandum of Understanding setting salaries and related benefits for officers and employees of the Fire Unit of the City of Bakersfield, was the following roll call vote: Councilmen Childs, Christensen, Rockoff, Barton adopted by Ayes: Noes: None Absent: None Dickerson, Moore, Ratty, Adoption of Resolution No. 39-85 of the Council of the City of Bakersfield approving the Memorandum of Understanding setting salaries and related benefits for officers and employees of the Fire Super- visory Unit of the City of Bakersfield. An agreement has been reached with the Bakersfield Fire Supervisory Association and ratified by the affected unit. The agreement is within the Upon a motion 39-85 of the Council of parameters established by the City Council. by Councilman Christensen, Resolution No. the City of Bakersfield approving the Noes: Memorandum of Understanding setting salaries and related benefits for officers and employees of the Fire Supervisory Unit of the City of Bakersfield, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff None Absent: None 496 Bakersfield, California, March 27, 1985 - Page 18 HEARINGS This is the time set for public hearing on Resolution of Intention No. 979 of the Council of the City of Bakersfield declaring its intention to establish Maintenance District No. 9, generally bounded by Stockdale Highway, Renfro Road, Cross Valley Canal and Jenkins Road. This hearing was duly advertised, posted and the prop- erty owners notified as required by law. The formation of this Maintenance District was requested by the owners/subdividers of the major portion of the proposed district. This Maintenance District would provide payment for the costs and expenses of maintaining and operating parks, street median and parkway landscaping. completed in the 1985-86 Fiscal during that period. Since the improvement will not be Year, no charges will be assessed Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Resolution No. 40-85 of the Council of the City of Bakersfield establishing Maintenance District No. 9 and confirming the Assessment (Resolution of Intention No. 979), was adopted by the following roll call vote: Ayes Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes None Absent: None This is the time set for public hearing on Resolution of Intention No. 980 of the Council of the City of Bakersfield declaring its intention to generally bounded by White and Hughes Lane. This hearing was establish Maintenance District No. 10, Lane, South "H" Street, Pacheco Road duly advertised, posted and the prop- erty owners notified as required by law. The formation of this Maintenance District was requested by the owner/subdivider of the major portion of the proposed district. Bakersfie]d, California, March 27, 1985 - Page 19 This Maintenance costs and expenses median and parkway landscaping. completed in the 1985-86 Fiscal during that period. Intention declaring generally Canal. District would provide payment for the of maintaining and operating parks, street Since the improvement will not be Year, no charges will be assessed This hearing was duly advertised, erty owners notified as required by law. The formation of by the owner/subdivider of Fhis Maintenance posted and the prop- this Maintenance District was requested the major portion of the district. District would provide payment for the costs and expenses of maintaining and operating parks, street median and parkway landscaping. Since the improvements will not be completed in the ]985-86 Fiscal Year, no charges will be assessed during that period. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Barton, Negative Declaration was approved, and Resolution No. 41-85 of the Council of the City of Bakersfield establishing Maintenance District No. ]0 and con- firming the Assessment (Resolution of Intention No. 980), was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes: None Absent: None This is the time set for public hearing on Resolution of No. 981 of the Council of the City of Bakersfield its intention to establish Maintenance District No. 11, bounded by Pacheco Road, Stine Road and the Arvin Edison 498 Bakersfield, California, March 27, 1985 - Page 20 Upon a motion by Councilman Dickerson, Negative Declaration was approved, and Resolution No. 42-85 of the Council of the City of Bakersfield establishing Maintenance District No. 11 and confirming the Assessment (Resolution of Intention No. 981) was Ayes adopted by the following roll call vote: Councilmen Childs, Christensen, Dickerson, Rockoff, Barton None None Moore, Ratty, Noes: Absent: NEW BUSINESS Adoption of Emergency Ordinance No. 2969 New Series of the Council of the City of Bakersfield amending Section 17.60.020(g)(2) of the Bakersfield Municipal Code relating to Removal of Nonconforming Signs. This Emergency Ordinance again extends the deadline for removal of specified nonconforming signs under the City's zoning code, this time to August 1, 1985. A revised Sign Ordinance is being considered at a public hearing by the Planning Commission, which hearing may not be concluded until late April or early May. Upon a motion by Councilman Ratty, Emergency Ordinance No. 2969 New Series of the Council of the City of Bakersfield amending Section 17.60.020(g)(2) of the Bakersfield Municipal Code relating to Removal of Nonconforming Signs, was adopted by the following roll call vote: Ayes Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes Absent: None None Adoption of Resolution No. 43-85 of the Council of the City of Bakersfield providing for the adjustment of Property Tax revenues upon Local Agency jurisdictional change resulting from Annexation No. 296, LAFCO Proceeding No. 867 (Real No. 5). This resolution sets forth the agreed Property Tax dis- tribution between the City and County on Annexation No. 296, LAFCO Proceeding No. 967 (Real No. 5). This resolution must be adopted by the Council Meeting of March 27, 1985, in order to meet the deadline established by LAFCO. Bakersfield, California, March 27, 1985 - Page 21 The Board of Supervisors will have a similar resolution presented to them for their adoption prior to April 10, 1985. Upon a motion by Councilman Childs, Resolution No. 43-85 of the Council of the City of Bakersfield providing for the adjust~nent of Property Tax revenues upon Local Agency jurisdic- tiona] change resulting from Annexation No. 296, LAFCO Proceeding No. 867 (Real No. 5), was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes: None Absent: None Adoption of Resolution No. 44-85 of the council of the City of Bakersfield initiating proceedings for the annexa- tion of territory to the City of Bakers- field identified as Proceeding No. 856, Annexation No. 291, in accordance with LAFCO Resolution making Determination (Rosedale No. 2). This annexation has been recommended by the Planning Commission and approved by LAPCO. This resolution sets the date of hearing for May 8, 1985. Upon a motion by Councilman Moore, Resolution No. 44-85 of the Council of the City of Bakersfield initiating proceedings for the annexation of territory to the City of Bakersfield identi- fled as Proceeding No. 856, Annexation No. 291, in accordance with LAFCO Resolution making Determination (Rosedale No. 2), was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes: None Absent: None Adoption of Resolution No. 45-85 of the Council of the City of Bakersfield initiating proceedings for the annexa- tion of territory to the City of Bakers- field identified as Proceeding No. 860, Annexation No. 292, in accordance with LAPCO Resolution making Determination (Garnsey). This annexation has been recommended by the Planning Commission and approved by LAFCO. This resolution sets the date of hearing for May 8, 1985. ,5OO Bakersfield, California, March 27, 1985 Page 22 Upon a motion by Councilman Moore, Resolution No. 45-85 of the CounciI of the City of Bakersfield initiating proceedings for the annexation of territory to the City of Bakersfield identi- fied as Proceeding No. 860, Annexation No. 292, in accordance with LAFCO Resolution making Determination (Garnsey), was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes: None Absent: None Adoption of Resolution No. 46-85 of the council of the City of Bakersfield initiating proceedings for the annexa- tion of territory to the City of Bakers- field identified as Proceeding No. 861, Annexation No. 293, in accordance with LAFCO Resolution making Determination (Chester No. 1). This annexation has been recommended by the Planning Commission and approved by LAFCO. This resolution sets the date of hearing for May 8, 1985. Upon a motion by Councilman Moore, Resolution No. 46-85 of the Council of the City of Bakersfield initiating proceedings for the annexation of territory to the City of Bakersfield identi- fied as Proceeding No. 861, Annexation No. 293, in accordance with LAFCO Resolution making Determination (Chester No. 1), was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Ratty, Rockoff, Barton Noes: None Absent: None Adoption of Resolution No. 47-85 of the Council of the City of Bakersfield authorizing the filing of a verification that sufficient funds are available and that all other matters prerequisite to awarding the contract for widening and repairing the Oak Street Overhead at the Atchison, Topeka & Santa Fe Railway Company Tracks in the City of Bakersfield will be undertaken. Bakersfield, California, March 27, 1985 - Page 23 501 This resolution is necessary to authorize the Public Works Manager to file a verification with Caltrans that the City will make available the funds for the 20% local share and the pre- liminary engineering for the project in Fiscal Year 1985-86. The total cost of the project is estimated to be $4,600,000.00, including the City's local share of $920,000.00. Upon a motion by Councilman Ratty, Resolution No. 47-86 of the Council of the City of Bakersfield authorizing the filing of a verification that sufficient funds are available and that all other matters prerequisite to awarding the contract for widening and repairing the Oak Street Overhead at the Atchison, Topeka & Santa Fe Railway Company Tracks in the City of Bakersfield will be undertaken, was adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Dickerson, Moore, Rockoff, Barton Noes: None Absent: None Ratty, Approval of Renewal of Agreement with Mr. and Mrs. Leroy Paslay for the operation of a Concession Stand in Beach Park. Mr. and Mrs. Leroy Pasley, the current operators of the Concession Stand at Beach Park, have requested a renewal of their agreement. The City staff and the Paslay's have negotiated a new contract and it will require Council approval before it can be implemented. Upon a motion by Councilman Ratty, and Mrs. Leroy Paslay for the Beach Park, was approved and Renewal of Agreement operation of a Concession the Mayor was authorized to Mr. Willard Martin, the current operator of the Concession Stands in Beale, Jastro, Patriots and Planz Parks, has requested a renewal of these expired agreements. The City staff and Mr. Martin have negotiated a new contract and it will require Council approval before the Agreement can be implemented. with Mr. Stand in execute same. Approval of Renewal of Agreements with Willard Martin for the operation of Concession Stands in beale, Jastro, Patriots and Planz Parks. Bakersfield, California, March 27, 1985 Page 24 Upon a motion by Councilman Dickerson, Renewal of Agreements with Willard Martin for the operation of Concession Stands in Beale, Jastro, Patriots and Planz Parks, were approved and the Mayor was authorized to execute same. Approval of request from Center Neon Company, Inc., to erect a sign 75 feet in height, for a Sizzler Restaurant at 1000 Real Road. Signs exceeding 50 feet in height require approval of the City Council. The area of the proposed sign, 160 square feet, is permitted by the Sign Ordinance. The sign, if permitted, will be oriented for traffic on Highway 99. The City Council has approved signs exceeding 50 feet in height on the adjoining parcels and several other locations in the immediate area. Upon a motion by Councilman Moore, request from Center Neon Company, Inc., to erect a sign 75 feet in height, for a Sizzler Restaurant at Commission for study There being no Council, upon a motion adjourned at 9:06 P.M. 1000 Real and recommendation. ADJOURNMENT further business by Councilman Road, was referred to the Planning to come before the Dickerson, the meeting was MAYOR of the City of Bakersfield, Calif. DEPUTY ATTEST: CITY CLERK and Ex Officio Clerk of The Council of the city of Bakersfield, California ma/cw