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HomeMy WebLinkAboutJAN - MAR 198466 Bakersfield, California, January 4. 1984 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., January 4, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Pastor Ken Miller of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Barton, Childs, Christensen, Absent: None Moore, Payne, Ratty, Rockoff Minutes of the joint public hearing of December 15, 1983, and regular meeting of December 21, 1983, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Mark Dickerson, 5404 Krista Street, outlined the details of a traffic accident he had on Friday, December 30, 1983, in very dense fog, on Wible Road near Harris Road. Mr. Dickerson requested that a traffic signal or street light be installed at that intersection, because there is nothing on the right side of Wible Road to indicate when a person is at that intersection. In answer to a question by Councilman Payne, Director of Public Works Hawley stated as part of the development of the south- west corner of Wible and Harris Roads a street light will be in- stalled. The last he checked that intersection it did not meet the warrants for a traffic signal. Councilman Payne requested that the intersection be constantly monitored and reviewed, and as soon as it meets the warrants that the appropriate action be taken. CORRESPOMDENCE Upon a motion by Councilman Rockoff, communication from Ed Rodgers, Auctioneer, 2413 Spruce Street, dated Janustry 3, 1984, requesting a change in rental dates of the Old City Corporation Yard, was received and the change in rental dates was approved. Bakersfield, California, January 4, 1984 - Page 2 67 COUNCIL STATEMENTS Councilman Payne stated recently Mr. Avery requested direction on the recruitment of a City Manager. The 6overnmental Efficiency and Personnel Committee indicated that they recommend applicants be reviewed by Mr. Avery and he narrow candidates down and submit them to a Citizens Screening Committee. The Screening Committee would then narrow the candidates down to a small number to be submitted to the Counci~ for review and consideration. Resumes and recruitment is very active at this time and serious consideration should be given to the people who will be nominated to serve on the Screening Committee. It is hoped that each Councilman will recommend someone for the Screening Committee by the Council Meeting of February l, 1984. The Governmental Efficiency and Personnel Committee recommended that each Councilman make one appointment to that Committee of an individual who is very know- ledgeable in personnel matters, particularly high level management people. The members of the Screening Committee should be made up of all segments oF the professional community. The Counci~ should clarify how many people will be on the Screening Committee, the number of applicants the Committee will screen and the number of applicants to be submitted to the Council for selection of a City ~anager. Councilman Rockoff stated he has very serious concerns about appointing a Screening Committee and feels the Council may be getting into a situation that will be damaging in the long run. The Council has chosen a very professional organization to seek candidates ~or the position of City Manager and, the fact is, that the Council must make the £ina] decision. It is not that he is trying to preclude community involvement in community affairs, however, he does not feel this is the proper procedure to be used in selecting a City ~anager. Councilman Christensen stated he does not feel there is enough expertise on the Council, or time, to screen a~] the appli- cants. Councilman Christensen indicated he is in favor of a 68 Bakersfield, California~ January 4, 1984 - Page 3 Screening Committee made up of top management people in the community. After a lengthy discussion, upon a motion by Councilman Payne, the Council approved the concept of a Citizens Screening Committee to work with Consultant Avery in narrowing the field of City Manager candidates to be recommended to the Council and each Councilman appoint one member to the Committee, by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty Noes: Councilman Rockoff Absent: None Councilman Childs announced that the Governmental Efficiency and Personnel Committee recommends that the Planning Commission appointments be deferred for two weeks. Upon a motion by Councilman Childs, Mr. Howard Silver, 7700 Buena Tierra Court, was appointed to fill a vacancy on the Golden Empire Transit District Board, created by the resignation of Mr. Bill Carter, term expiring January 6, 1985. Upon a motion by Councilman Childs, Mr. Harold Lloyd Matlock, 6001 Friant Drive, was appointed to fill a vacancy on the Fire Department Civil Service Board, term expiring December 31, 1987. Upon a motion by Councilman Childs, Mr. John Chafin, 2201 Wilson Road, was reappointed to the Board of Trustees of the Kern l~osquito Abatement District, term expiring December 31, 1985. Upon a motion by Councilman Barton, reappointment of Mr. Don G. Simpson, member of the Fire Department Civil Service Board, whose term expired December 31, 1983, and Mr. Jack M. Roth, member of the Citizens Auditorium Committee, whose term expired January 3, 1984, were referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Bakersfield, California, January 4, 1984 - Page 4 69 Councilman Barton announced his resignation as Chairman of the Redevelopment Agency and nominated Councilman Rockoff for that position. City Attorney Oberholzer stated the Chairman of the Redew~lopment Agency must be elected by Agency Members at a Redevelopment Agency Meeting. Election of Vice-Mayor Councilman Ratty nominated Councilman James J. Barton to serve as Vice-Mayor for a term of one year. Councilman Payne requested that the matter of appointing a Vice-Mayor and Chairman of the Redevelopment Agency be referred to the Governmental Efficiency and Personnel Committee for a deter- mination on the length of terms and a fair and equitible manner of selecting Councilmen for those positions. City Attorney Oberholzer stated Councilman Ratty's motion is inappropriate because the Charter states the Vice-Mayor is to be appointed at the first Council Meeting after a General Election and serves until the next General Election, unless he :resigns his position. The motion must be to make that appointment pursuant to the terms set out in the Charter. In order to alter that procedure the voters would have to approve a Charter Amendment. Mayor Shell declared a brief recess at 8:10 P.M. and reconvened the meeting at 8:25 P.M. Upon a motion by Councilman Ratty, Councilman James J. Barton was elected to the Office Bakersfield. Councilman Moore asked of Vice-Mayor of the City o£ if staff had made arrangements for the Emergency Preparedness Drill he requested in November, 1983. Acting City Manager RusseJl stated discussions have been held with Police Chief Price and Fire Chief Needham. The Emergency Preparedness Manual is being revised and the draft should be com- pleted in a short time. The Emergency Preparedness Drill should 7O Bakersfield, California, January 4, 1984 - Page 5 be held in February. Acting City Manager Russell assured Council- man Moore that should an emergency arise during this period the City is prepared to meet it. Councilman Moore encouraged staff to complete the draft of the manual and hold the Emergency Preparedness Drill before February, if possible. Councilman Christensen stated Mayor Shell has made many people happy by announcing her candidacy for Kern County Super- visor of the 5th District. Counci3man Christensen asked, since the campaign will take a significant amount of time, if she plans on resigning so the City will not be hurt because she cannot devote full time to the Mayor's position. Mayor Shell stated she does Mayor's position is not suppose to be not intend to resign. The a full time job and she feels comfortable that she can continue to serve the City, as well as, campaign on her own time. Councilman Childs stated he would like to hold a Council Meeting in Ward 1 on January 23, 1984, and asked if that date was agreeable with the rest of the Council. Councilman Moore indicated he has a prior engagement that night. Councilman Barton stated he may be out of town that night. Councilman Childs requested that the Council check their calendars to see if January 23, 198.4, is open and he will bring the matter up at next week's Council Meeting. REPORTS Councilman Christensen, member of the Governmental Efficiency and Personnel Committee, read Report No. 1-84 regarding New Positions for Public Works Department and Building and Planning Divisions, as follows: At the request of the Growth and Development Committee, the Governmental Efficiency and Personnel Committee has reviewed the need for Bakersfield, California, January 4, 1984 - Page 6 71 additional personnel in the City's Public Works and Fire and Development Services Departments (Building and Planning Divisions). This need was brought to our attention recently by developers concerned with the amount of time it takes to process a project through the Site Plan Review Process. In our discussions with staff, we were informed that the Site Plan Review Process requires that all development projects, except for single- family homes, be reviewed by all affected City departments before a Building Permit is authorized. This process--in addition to continued record- setting building construction in the City--has created a work backlog in the Public Works Department and Building and Planning Divisions which cannot be overcome without additional personnel. The Governmental Ef[iciency and Personnel Com- mittee has reviewed these requests, and we are recommending the following: Public Works Department 1. One new position, Drafter, at a monthly salary range of $1,565 to $1,902. 2. One new position, Engineer II, at a salary range of $2,395 to $2.911. 3. Office equipment totalling $1,560. Building Division 1. Three new positions, Building Inspector II, at a monthly salary range of $1,892 to $2,299. 2. Two new pickup trucks, at a monthly rental cost of $300 per month, each. 3. Office and miscellaneous costs totalling $1,600. Planning Division 1. One new position, Drafter, at a monthly salary range of $1,565 to $1,902. 2. One new position, Assistant Planner I, at a monthly salary range of $1,786 to $2,171. One part-time position, Assistant Planner I, at an annual salary of $10,854. 4. Office equipment totalling $1,560. The total annual cost for these positions and equipment is $236,645; however, for the remainder of 1984 the cost will be $107,525. Based on the needs of the City and the assurance of the department heads that they will be able to 72 Bakersfield, California. January 4, 1984 Page 7 speed up the Site Plan Review Process (which presently takes three to five weeks) by one to two weeks, the Governmental Efficiency and Personnel Committee is recommending City Council approval of these new positions and the transfer of the necessary funds from the City Council's Contingency Fund to the appropriate accounts. Upon a motion by Councilman Christensen, Governmental Efficiency and Personnel Committee Report No. 1-84 regarding New Posiitons for Public Works Department and Building and Planning Divisions, was accepted; new positions as outlined in the report, were approved; and Budget Transfer of necessary funds from the Council's Contingency Fund to appropriate accounts, was approved. CONSENT CALENDAR The following items were listed on the Consent Calendar (a) Allowance of Claims Nos. 2893 to 3094, inclusive, in the amount of $580,394.47. (b) Claim for Damages from Adolfo S. Gonzales, P.O. Box 155, Edison, California. (Refer to City Attorney) (c) Claim for Damages from Adolfo S. Gonzales, P.O. Box 155, Edison, California. (Refer to City Attorney) (d) Program Supplement No. 15 to Local Agency- State Master Agreement No. 06-5109 between the State of California and City of Bakersfield for railroad grade crosslng protection on Stine Road at the Southern Pacific Transportation Company tracks. (e) Sub-Lease Agreement between the Bakers- field Association for Retarded Citizens, Inc., (B.A.R.C.), and Kern County Economic Opportunity Corporation (KCEOC), for use of certain portions of the Bakersfield Senior Citizens Center. Upon a motion by Councilman Rockoff, Items (a), (b), (c) (d) and (e) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore,, Payne, Ratty, Rockoff Noes: None Absent: None Bakersfield, California, January 4, 1984 - Page 8 73 ACTION ON BIDS Upon a motion by Councilman Childs, low bids: of Traffic Management Systems (41 items), in the amount of $7,802.93, and John C. Henberger Company (16 items), in the amount of $3,700.67, were accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2888 New Series of the Council of the City of Bakersfield amending Section 2.18.010 of the Bakersfield Municipal Code relative to Water Board Membership. Upon a motion by Councilman Christensen, Ordinance No. 2888 New Series of the Council of the City of Bakersfield amending Section 2.18.010 of the Bakersfield Municipal Code relative to Water Board Membership, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes: None Absent: None Adoption of Ordinance No. 2889 New Series of the Council of the City of Bakersfield amending Section 8.32.100 D. of the Bakersfield Municipal Code relative to Interest on Delinquent Refuse Charges. Upon a motion by Councilman Childs, Ordinance No. 2889 New Series of the Council of the City of Bakersfield amending Section 8.32.100 D. of the Bakersfield Municipal Code relative to Interest on Delinquent Refuse Charges, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes: None Absent: None Adoption of Oridnance No. 2890 New Series of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to Fees for Construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for 16th Street - Elm Street Planned Drainage Area. 74 Bakersfield, California, January 4, 1984 - Page 9 Upon a motion by Councilman Ratty, Ordinance No. 2890 New Series of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to Fees for Construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for 16th Street - Elm Street Planned Drainage Area, was adopted by the following roll call vote: Ayes Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes None Absent: None Adoption of Ordinance No. 289l New Series of the Council of the City of Bakersfield adding Section 17.58.080 G. to the Bakersfield Municipal Code relative to Quarterly Payment of In- Lieu Parking Fees. Upon a motion by Councilman Ratty, Ordinance No. 2891 New Series of the Council of the City of Bakersfield adding Section 17.58.080 G. to the Bakersfield Municipal Code relative to Quarterly Payment of In-Lieu Parking Fees, was adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes: None Absent: None Adoption of Ordinance No. 2892 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 450 + feet east and 450 + feet north of The inter- section of Shandon Lane and Stony- brook Road. The application for this amendment was made by Shandon Investment Group and would change subject properties from an (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. Bakersfield, California, January 4, 1984 - Page 10 75 The Planning Commission recommended approval of this amendment, subject to the condition that the owner record a deed restriction upon the property, which would prohibit the issuance of a Building Permit and further subdivision of said property until and un~ss the owner of the property has constructed or' contracted and bonded to construct additional access to property as outlined in Planning Co~nission Resolution No. 80-83. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2892 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 450 + feet east and 450 + feet north of the intersection of Shahdon Lane and Stonybrook Road, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes: None Absent: None CLOSED SESSION Upon a motion by Councilman Christensen, the Council recessed to a Closed Session at 8:45 P.M., to discuss Litigation. The regular meeting was reconvened at 9:00 P.M. ADJOURNMENT Council, upon a motion by adjourned at 9:00 P.M. There being no further business to come Councilman Christensen, ATTEST: ASSISTANT CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma before the the meeting was 76 Bakersfield, California, January ll, 1984 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held fin the Council Chambers of City Hall at 7:00 P.M., January ll, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Chaplin Ed Meissner of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Moore, Payne, Rockoff, Barton Absent: Councilmen Childs, Ratty Minutes of the special meeting of December 28, 1983, were approved as presented. PRESENTATION BY MAYOR Mayor Shell presented an engraved silver bowl to Bettie Wells, Past-President of the Beautiful Bakersfield Committee, for her outstanding service to the City of Bakersfield ~n cleanup drives, tree plantings, slide contests pinpointing beautiful areas in Bakersfield, essay and poster contests for school children and the preparation of designs for a City flag, bird and flower. SCHEDULED PUBLIC STATEMENTS Mr. Stan Moe, representing the Committee to bring the 1985 Amateur Softball Association Class "A" Softball Tournament to Bakersfield, introduced the sponsor Mr. Frank Lowder and stated the Tournament is tentatively scheduled for August 29 through September 2, 1985, for 24 to 27 of the best teams in the United States, will provide revenue for the local economy through the use of motels, restaurants, etc., and provide entertainment to fans who support Softball Tournaments. Mr. Moe requested a letter or proclamation in support of the Tournament being held in Bakersfield. Upon a motion by Councilman Christensen, the Mayor was requested to issue a proclamation to be signed by the Mayor and entire Council, in support of the 1985 Amateur Softball Association Class "A" Softball Tournament being held in Bakersfield. Bakersfield, California, January 11, 1984 - Page 2 CORRESPONDENCE Upon a motion by Councilman Christensen, from Brenden Hedges, 29108 River Road 400, Madera, dated December 23, 1983, regarding removal of the Play" signs on Highway 99, was received, to reply to the letter and the reply is and Acting City Manager Russell. Upon a motion by Councilman Rockoff, communication California, "Sun-Fun-Stay- the Mayor was requested to be signed by the Mayor communication from Greenfield Union School District, 1624 Fairview Road, dated January 6, 1984, regarding Funding for Overcrowding Under Senate Bill 201, was received and ordered placed on file. Upon a motion by Councilman Payne, communication from Dennis W. DeWalt, Inc., 2340 Niles Street, dated January 9, 1984, requesting a General Plan Amendment for Commercial use of 8.79 + acres, located on the southwest corner of Stockdale Highway and Jenkins Road, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Moore, communication from Robert Key, 1108 "S" Street, dated December 14, 1983, requesting permission to operate a portable concession stand in Lowell Park, located at the corner of 4th and "P" Streets, and Saunders Park, located at Freeway 99 and 4th Street, was received and referred to the Auditorium and Community Services Committee. Upon a motion by Councilman Payne, communication from Rickerr, Ward & Delmarter, Civil Engineers, 2901 "H" Street, dated January 9, 1984, requesting annexation of a 27.95 acre parcel of land located at the southeast corner of Stine Road and Panama Lane~ lying north of the Arvin-Edison Canal, was received and referred to the Planning Commission for study and recommendation. COUNCIL STATEMENTS Upon a motion by Councilman Moore, resumes from Henry Rodriguez and Ray ttolloway requesting that they be considered for 78 Bakersfield, California, January 11, 1984 - Page 3 the vacancy on the Planning Commission, were referred to the Governmental Efficiency and Personnel Committee for study and recommendation. Councilman Moore announced that budget updates will be prepared on the first day of each month and distributed to the Council not later than the second Council Meeting of each month. Councilman Moore commended the Mayor and her Committee outstanding Annual Mayor's Prayer Breakfast held this for the morning. Acting City Manager Russell, in the absence of Council- man Childs, reminded the Council of the proposed Special Meeting to be held in Ward 1 on January 23, 1984, at the Senior Citizens Center on 4th Street. Councilmen Barton and ~,~oore indicated that due to prior commitments they would not be able to attend a meeting that night. Upon a motion by Councilman Rockoff, a Special Meeting of the Council was called for Monday, January 23, 1984, at 7:00 P.M. in the Senior Citizens Center on 4th Street, to discuss items of interest to the residents of Ward No. ]. REPORTS Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 2-8~1 regarding Title Change from Police Captain to Assistant Chief of Police, as follows: Attached to this report is a memorandum from the Chief of Police regarding a title change for three Captains assigned to the Police Department. As pointed out in Chief Price's memorandum, this change would align the structure of the Department with other departments of comparable size throughout the State. Prior to 1973, the upper manage- ment of the City's Police Department consisted of a Chief, a Deputy Chief, and five Captains. Chief Price reduced this number to the present structure of Chief and three Captains. Since his reorganization in 1973, the population of Bakersfield has increased 60% and the area of the City 144%. The City Council has met this; growth by increasing the complement of the Police force by 43%; however, upper management has been reduced 43%. Bakersfield, California, January ll, 1984 - Page 4 79 The Chief of Police is now of the opinion that a title change is in order for his Captains in order to better characterize the duties for which they are responsible. The Governmental Efficiency and Personnel Com- mittee has discussed this proposed change with City staff, and we are in agreement with the Chief's request. We are, therefore, recommending Council approval for the title change from Police Captain to Assistant Chief of Police and recommend that the Police Civil Service Commission re- classify these positions. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 2-84 regarding Title Change from Police Captain to Assistant Chief of Police, was accepted; title change from Police Captain to Assistant Chief of Police, was approved; and the Police Civil Service Commission was requested to reclassify the positions accordingly. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 3-84 regarding Public Hearings on City Council Agenda, as follows: At the December 21, 1983, City Council Meeting, the City Council approved a request of staff to schedule Public Hearings at regularly scheduled Council Meetings rather than every other week as previously done. The City Council then advised the Governmental Efficiency and Personnel Committee to consider where the Public Hearings should appear on the agenda. On January 3, 1984, we met and discussed this issue, and we are prepared to recon~end that Public Hearings be placed between Deferred Business and New Business on the agenda. This procedure will be of convenience to the public since there will be no delay while the Council considers New Business. The Council can also continue to request moving up a particular hearing on the agenda if so desired. In order to implement this action, we are recommending Council approval of this report and consider tonight's action as a first reading of the ordinance. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Conm~ittee Report No. 3-84 regarding Public Hearings on City Council Agenda, was accepted. 2O Bakersfield, California, January ll, 1984 - Page 5 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 2.04.070 of the Bakersfield Municipal Code relative to Order of Business at City Council Meetings. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 2.04.070 of the Bakersfield Municipal Cede relative to Order of Business at City Council Meetings. Councilman Christensen, member of the Governmental Efficiency and Personnel Commlittee, read Report No. 4-84 regarding Committee and Board Appointments, as follows: Last week the City Council referred the re- appointment of Jack Roth (Citizens Auditorium Committee) and Don Simpson (Fire Civil Service Board) to the Governmental Efficiency and Personnel Committee. As a result, we have reviewed the background of both of these people and found that they have been very active in their appointments and have fulfilled their responsibilities in an outstanding manner. We are, therefore, recommending Council approval of the reappointment of Jack M. Roth to the Citizens Auditorium Committee and Don Simpson to the Fire Civil Service Board. Last week we also informed the Council that appointments to the Planning Commission would be forthcoming at the January 18, 1984, Council Meeting. We are now prepared to submit the name of Susan Weaver for the Council's con- sideration and to be acted upon next week. The Governmental Efficiency and Personnel Committee is interviewing other candidates for the second Planning Commission vacancy. Resumes of those considered will be forthcoming to the Council. Upon a motion by Councilman Christensen, Gow~rnmental Efficiency and Personnel Committee Report No. 4-84 regarding Committee and Board Appointments, was accepted; Mr. Jack M. Roth, 3027 Doris Lane, was reappointed to the Citizens Auditorium Committee, term expiring January 3, 1991; Mr. Don G. Simpson, 2200 "F" Street, was reappointed to the Fire Department Civil Service Board, term expiring December 31, 1989; and Susan Weaver, 7508 Kroll Way, was nominated to fill a vacancy on the Planning Cormmission and will be acted upon at the Council Meeting of January 18, 1984. Bakersfield, California, January ll, 1984 - Page 6 81 Councilman Barton, Chairman of the Growth and Development Committee, read Report No. 1-84 regarding Site Plan Review Policies Major Retail Projects, as follows: Consideration of the City's Site Plan Review Process, especially the impact of that process on Major Retail Projects under the special policy for such projects, was referred by the Council to the Committee for report and recom- mendation on December 2], 1953, and considered by the Committee at its meeting on January 4, 1984. The Committee is of the opinion that the function of setting Site Plan Review Policies and Objectives properly should rest with the Council. Currently, determination of such policies and objectives is the function of the Planning Commission, the Council being limited to approving or rejecting policies adopted by the Planning Commission. The Committee recommends adoption of the ordinance, which will place the policy-making function with the Council but continue existing policies until repealed or amended by the Council. With respect to the Site Plan Review Policy for Major Retail Projects, the Committee has decided that existing loopholes in the policy, especially that which precludes the City Engineer from appealing a consultant's decision on assessments and that which allows a Major Retail Project to open for business with no assurance that public funds needed to complete the related public facilities would be available, must be closed prior to completion of the work of the con- sultant who is being hired to establish para- meters for application of the policy. The resolution closes such loopholes. The Committee recommends first reading and subsequent adoption of the ordinance amending Section 17.53.051 of the Bakersfield Municipal Code, and further recommends adoption of the resolution after the effective date of the ordinance. Councilman Barton stated, in order to clarify some discussions taking place since the report was issued, the ordinance will not be adopted tonight. It is only first reading. The resolution will not be adopted until the ordinance is adopted and becomes effective, which is at least one month from now. The Committee felt that in order to give the rest of the Council and community a chance to review this matter and allow time for input, they would place this matter on tonJght's agenda. The proposed ordinance keeps the present Site Plan Policy in effect. The Bakersfield, California, January ll, 1984 - Page 7 proposed ordinance and resolution will not affect previously approved Site Plans or the Valley Plaza Project. The ordinance will give the Council the authority to establish policies for S~te Plan Review. Councilman Barton made a motion that Growth and Develop- ment Committee Report No. 1-84 regarding Site Plan Review Policies - Major Retail Projects, be accepted; and first reading be considered given an Ordinance amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives. Councilman Moore stated the Committee did not want the Council to be in a position of having to concur in large expenditures that might be made by staff without the Council being part of that process. It is unfortunate that some people thought tlhis might be tied to the Valley Plaza Project and he assured the public that this recommendation has nothing to do with that project. It is not retroactive. It is only for future projects. Councilman Moore felt as this decision making process proceeds it is important to receive input from individuals and concerned groups. tie concurs with Councilman Barton regarding holding public Committee Meetings to receive that input. Councilman Christensen expressed his dissatisfaction with the recommendation from the Growth and Development Committee regarding the Site Plan Review Policies. Councilman Barton stated the present Site Plan Review Process has a loophole that delegates the responsibility of a budgetary process and spending taxpayers funds to nonelected people and he believes that is a responsibility of elected officials. That is the question that needs to be addressed. Councilman Payne stated his major concern with the proposed resolution is the fact that no community input has been received, and the implementation process, no matter what resolution is adopted. The Council must give the people, who will[ be immediately impacted or directly affected, ample warning that this will occur. He did not feel 30 days is adequate. Bakersfield, California, January 11, 1984 - Page 8 83 City Attorney Oberholzer stated, by adopting the ordinance it will keep the present Site Plan Review Policy, but it gives the Council the authority to set policy, which the Council does not have at the present time. The resolution can be adopted any time after the ordinance becomes effective. In other words, when the ordinance becomes effective, if a resolution has not been adopted, then the present Site Plan Review Policy will remain in effect, until such time as the Council completes hearings, investigations, etc., and adopts a new resolution amending the present Site Plan Review Policy. Councilman Payne stated he will support the Committee's recommendation for first reading of the ordinance, with the clear understanding that, if all the concerns expressed tonight are not addressed to everyone's satisfaction, he will vehemently oppose its' adoption. Mr. Tom Fallgatter, Attorney representing Valley Plaza, stated he is present tonight to express concern regarding the intention of the proposed resolution. Primarily, tonight, Valley Plaza wants to seek the sense of the Council, that any change in Resolution No. 55-83 will have no effect on the Valley Plaza Expansion Project. Various Councilmen have made comments that this is their intent. Mr. Fallgatter requested a vote of the Council, because the resolution clearly left the door open that the changes could apply to Valley Plaza. Mr. Fallgatter then read the change in Paragraph 3 of the resolution, which clarifies that Site Plan Applications approved prior to the adoption of this resolution will not be affected by the changes. Councilman Barton amended his motion to include, it is the intent of the Council that any new Site Plan Policy, that might be adopted, will only apply to Site Plan Applications :submitted after the date of adoption of the resolution. Councilman Barton's amended motion that Growth and Development Committee Report No. 1-84 regarding Site Plan Review 84 Bakersfield, California, January 1l, 1984 Page 9 Policies - Major Retail Projects, be accepted; first reading be considered given an Ordinance amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives; and it is the intent of the Council that any new Site Plan Policy, that might be adopted, will only apply to Site Plan Applications submitted after the date of adoption of the resolution, carried by the following roll call vote: Ayes: Rockoff, Barton Noes: Absent: Growth, Councilmen Christensen, Moore, Payne, None Councilmen Childs, Ratty Mr. David Doll, Chairman Development and Jobs, of the Community Coalition for stated they worked with the Planning resolution. Upon a motion by Councilman Barton, consideration of an Ordinance amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives, was deferred to the Council Meeting of March 14, 1984. Councilman Rockoff, member of the Growth and Development Committee, read Report No. 2-84 regarding Fire Hydrants for Kern City and Park Stockdale Annexations, as follows: Recently, the City concluded the annexation of Kern City and Park Stockdale. The cost-revenue analysis for the annexations included certain estimated costs for additional fire hydrants needed in the annexations. The cost-revenue analysis estimated the cost of fire hydrants for Kern City to be $19,500 and $110,000 for Park Stockdale. The combined cost-revenue analysis indicated a positive financial position for the City over the ten-year term of the study, which considered the cost of the fire hydrants. This Committee has met with City staff to review recent estimated costs furnished by California Water Company for installing a total of 39 tire hydrants and upgrading 4 fire hydrants in both Kern City and Park Stockdale. The current estimated cost from California Water Company is $106,000. and would like to offer their services again on the proposed Commission Committee on the devleopment of the previous resolution Bakersfield, California~ January ll, 1984 - Page l0 85 The installation and upgrading of the fire hydrants will improve the level of fire pro- tection for both areas to the satisfaction of the Fire Chief. Therefore, this Committee recommends the City Council authorize staff and California Water Company to proceed with the installation and upgrading of the necessary fire hydrants, costs to be funded with Revenue Sharing Funds. Upon a motion by Councilman Rockoff, Growth and Develop- ment Committee Report No. 2-84 regarding Fire Hydrants for Kern City and Park Stockdale Annexations, was accepted; staff and California Water Service Company were authorized to proceed with the installation and upgrading of necessary fire hydrants; and costs are to be funded with Revenue Sharing Funds. Councilman Moore, Chairman of the Water Resources Committee, read Report No. 1-84 regarding Sewer Connection Fees, as follows: Effective July l, 1983. the City Council approved an increase in Sewer Connection Fees from $100 to $850 per single family dwellings, $350 per acre to $640 for multi-family dwellings, and $350 per acre to $40 per fixture unit for commercial and industrial. Subsequent to the City Council approving the increase in Sewer Connection Fees, staff con- tinued to monitor the revenues being generated by the increase. This Committee met with staff members to review their findings and held an open committee meeting where we invited and received input and questions from all those wishing to address the issue. Pursuant to our meetings and the input we received, this Committee recommended to and the City Council approved certain adjustments to the Sewer Connection Fee be made retroactive effective July ], 1983. The City Council's approval of the adjusted rates was on December 21, 1983. As we noted at the December 21, 1983, Council Meeting, we believed additional adjustments may be in line; however, we felt additional time was necessary to further review the financing plan for the long-range solutions to upgrade and expand Wastewater Treatment Plant No. 3. We have continued to receive input and have had further meetings and discussions with City staff to consider additional recommendations. We continue to believe the implementation of the increased Sewer Connection Fees to be necessary in order to proceed with the ex- pansion and upgrading of Wastewater Treatment 86 Bakersfield, California, January 11, 1984 -Page Plant No. 3. However, we have taken special note that all construction and related costs (including engineering costs currently being incurred) are included in the proposed bond issue. While we recognize the early implemen- tation of the increased connection fee will increase the size of our reserves and ultimately reduce the size of the bond issue, we have concluded this not to be the most practical approach. We concur with staff that further revisions in connection fees are practical and the City will be able to maintain a riscally sound approach to the financing of the construction at Plant No. 3. We conclude the necessary reserve funds and interest due during construction can still be accomplished in light of further revisions we feel appropriate as follows: suspend the incremental Sewer Connection Fee increase for the period July 1, 1983, through March 31, 1984; fees be reduced to 50% of the incremental increase for the period April 1, 1984, through June 30, 1984; 75% for the period July 1, 1984, through December 31, 1984; and then January 1, 1985, increase to the rates established July 1, 1983. This Committee's proposed schedule 4-1-84 7-1-84 thru thru 6-30-84 12-31-84 1-1-85 Single Family Dwellings $475.00 $662.50 $850.00 Multi-Family Dwellings 320.00 480.00 640.00 Per Fixture for Commercial and Industrial 20.00 30.00 40.00 We further recommend the City Council approve a reduction in the fee for single family dwellings or units in multiple-family dwellings containing 14 or less fixlure units and 2 or less bedrooms. We believe this discount to be appropriate for such units which are typically smaller in size. Additionally, we expressed our concern with the potential for an increased number of Building Permit applications which the City might expect to receive as we would approach the dates for recommended increases. As such, staff has prepared a schedule setting forth the necessary criteria to obtain Building Permits prior to the increase, effective April 1, 1984. The resolution incorporates our recommendations contained herein and we recommend the City Council adopt. Bakersfield, California, January ll, 1984 - Page 12 87 Upon a motion by Councilman Moore, Water Resources Committee Report No. 1-84 regarding Sewer Connection Fees, was accepted; and recommendations as outlined in the report were approved. Adoption of Resolution No. 1-84 of the Council of the City of Bakers- field suspending Sewer Connection Charges previously set by City Council Resolution No. 105-83 and setting Reduced Charges for the period April 1, 1984, through December 31, 1984. Upon a motion by Councilman Moore, Resolution No. 1-84 of the Council of the City of Bakersfield suspending Sewer Con- nection Charges previously set by City Council Resolution No. 105-83 and setting Reduced Charges for the period April 1, 1984, through December 31, 1984~ was adopted by the following roll call vote: Ayes Noes Councilmen Christensen, Moore, Payne, Rockoff, Barton None Absent: Councilmen Childs, Ratty Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 1-84 regarding Storm Drain Capital Improvements, as follows: The preliminary ten-year Capital Improvement Program proposed for 1983-93 incluSed certain storm drain projects to be completed in the 1983-84 Fiscal Year. Funding for the projects to be completed in the 1983-84 Fiscal Year included funds from Water Revenues and Revenue Sharing. While reviewing the 1983-84 Operating and Capital Improvement Budgets, the City Council opted to use the Water Revenues to assist in funding the operations rather than Capital Improvement Projects. As such, the Fallbrook Street Storm Drain and Sandra Drive Pump Station Modifications, Phase III, were not funded for 1983-84. Rowever, the City Council expressed its desire to proceed with the two projects if funds were available during the year. At the Council Meeting of December 21, 1983, the matter of funding the storm drain improwe- ments was referred to this Committee for study and recommendation. This Committee has met with members of the City staff to review the projects and the avail- ability of funds. During our discussions we Bakersfield, California, January ll, 1984 -Page 13 were pleased to note the availability of Revenue Sharing Funds. Also, we reviewed the priority of the above two projects as well as additional work necessary at the Maywood Storm Drain. We concur with staff in that these projects are of the highest priority and we should proceed in an expeditious manner. The estimated cost of the three projects is $290,000. Therefore, this Committee recommends the City Council authorize staff to proceed with the storm drain projects using available Revenue Sharing Funds for funding. We further recom- mend the City Council direct staff to review the necessity of proceeding with other projects if funds are available. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 1-84 regarding Storm Drain Capita] Improve- ments, was accepted; staff was authorized to proceed with the storm drain projects using available Revenue Sharing Funds for funding; and staff was directed to review the necessity of pro- ceeding with other projects if funds are available. Upon a motion by Councilman Christensen, Hearings were moved forward on the agenda and will be heard immediately following a brief recess. Mayor Shell declared a brief recess at 8:40 P.M. and reconvened the meeting at 8:45 P.M. HEARINGS This is the time set for public hearing before the Council for the purpose of considering an application for a Conditienal Use Permit (C.U.P. No. 4057), requested by Marshall E. Helm Corporation to allow an approximately 50 percent addition (1,460 square feet), to the existing mausoleum located within the Greenlawn Cemetery in an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 3700 River Boulevard. This hearing was duly advertised and the property owners notified as required by law. Staff recon~ends approval of this request for a Condi- tional Use Permit. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received, the public portion of the hearing was closed for Council deliberat.ion and action. Bakersfield, California, January ll, 1984 - Page $9 Upon a motion by Councilman Christensen, Conditional Use Permit No. 4057 requested by Marshall E. Helm Corporation to allow an approximate 50 percent addition (1,460 square feet), to the existing mausoleum located within the Greenlawn Cemetery in an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 3700 River Boulevard~ was approved by the fo31owing roll call vote: Ayes: Councilmen Christensen, Moore, Payne, Rockof~', Barton Noes: None Absent: Councilmen Childs, Ratty This is the time set for public hearing bef©re the Council on an Appeal by Calvary Bible Church to the decision of the Board of Zoning Adjustment denying their application for a Conditional Use Permit to allow a 40-unit home for the aged; and to permit the reduction of the required side street setback from ten feet to five feet and to allow off-street parking within the required 25-foot front yard setback, in an RS-2½A-CH-FP-S (Residential Suburban~ 2½ acre, Church, Floodplain Secondary) Zone, on that certain property commonly known as 4805 Manor Street. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Earl Gibbons, representing Calvary Bible Church, stated they have a membership of 2,000 people and are concerned with the fact that many elderly persons are having financial difficulties due to inflation. The church decided to build affordable housing for the elderly and purchased 8 acres across the street from the church. The property was zoned for a church and they took that to mean church related activities. They knew the property was in the Secondary Floodplain and realized that might be a problem. An arrangement was worked out, through the City and State Reclamation Board, whereby, if the pad built on that property was placed next to Manor Street, that it would not 9O Bakersfield, California, January ll, 1984 - Page 15 create a problem with the City or State. It was approved and the church purchased the property. The zoning was not discussed at that time, because they felt the existing zoning was all that was needed to build the church related retirement home. They knew a Conditional Use Permit was needed, but were confident~ when all the facts were known, it would be approved. This church owned facility will be operated on an absolute nonprofit basis and the land is free and clear. A member of the church has agreed to build the retirement home without overhead or profit, and other people in the church will also help. This housing will be rented to the elderly well below the market, so there will be a lot of people that can afford it. The facility will be placed next to Manor Street and the rest of the property (75-80%) will be a green open area to be used for playing fields. A white pipe fence will be built around the entire property. Part of the opposition came about when the State Board of Reclamation sent out their notice they talked about a convalescent home with all the attendant nurses, food services, traffic. etc. They are not proposing a convalescent home, but simply units for elderly people. Calvary Bible Church is requesting that the Council give them the ability and opportunity to help the elderly people in Bakersfield. In answer to a question by Mayor Shell, Mr. Gibbons stated the people renting these units or the church people will not complain about the horses or stables in the area. They recognize that this is an area where horses are used a great deal. Betty Cusator, resident of the area, speaking in opposition to the request for a Conditional Use Permit, stated they built their home in that area because it was a 2½ acre minimum zone with one family dwellings. Forty units on 2½ acres of land will not be compatible with the surrounding area and she is also concerned with the traffic congestion on Denise Street, which is their only access in and out of their property. She also expressed her concerns about emergency vehicles getting in and out of the area Bakersfield, California, January ll, 1984 - Page 91 with 40 elderly people living there. the aged because it is a necessity, place for it. W. C. Robertson, 35~ East Roberts Lane, approximately 35 acres across the river from this She is all for a home for but does not feel this is the stated he owns requested home City staff has is incompatible ~ith If this is approved do away with affordable horse boarding. Those stables have been there for 30-50 years and no one can build stables these days and provide affordable boarding:. He felt nothing should be in this area on less than 2½ acre parcels~, certainly not this many units on one pad, They feel the church should find a suitable location that is already properly zoned. Mr. Michael Callagy, Cornerstone Engineering, representing Calvary Bible Church, presented copies of two letters. One from the State Reclamation Board approv~ng baseball fields, soccer fields, fire pipeline system, parking lots, five foot high pipe rail fence, landscaping and two graded earth pads. This is how the convalescent home rumor got started. Apparently, the person who looked at this plan, somehow, got confused and a letter has been written to him requesting they amend their refereace to a convalescent home. The other letter is from the State Board of Reclamation, after they submitted plans for the retirement center, and they are tentatively ready to approve it, pending the outcome of this hearing. Mr. Marvin Richards, resident of the area, speaking in opposition to the Conditional Use Permit. stated they bought their property because they really enjoy that area. There are some traffic problems due to the numerous church functions and now they are north and west of the proposed facility. recognized a pollution problem and stated it the stables and other residences of the area. the stables will have to leave and that will for the aged. They do not have State approval for the pads. This project is incompatible with the surrounding area. This area is, historically, recreational, particularly equestrian. Two stables 92 Bakersfield, California, January ll, 1984 - Page ]7 are requesting to build another 40 units, which will add to that problem. This is suppose to be a suburban area and that is the reason they bought the property and enjoy living there. Mr. William Cooper, Kern River Parkway Corm~littee, stated the fact is the proposal is for an apartment building. It is inappropriate for the Secondary Floodplain, will set a precedent for the area and could lead to further development of the same type. The Board of Zoning Adjustment turned it down for very good reasons. It will lead to further traffic congestion, conflicts with the General Plan and draft of the Kern River Plan. Mr. Cooper requested that the Council deny the request for a Conditions,] Use Permit. Mrs. Jo Frazier, resident of Ranchos Del Rio area, stated this is a rural area and they are concerned about losing the stables. There is no shopping within walking distance for the senior citizens and Manor Street is a very busy street. Mr. Mike Woessner, Calvary Bible Church Council Member, speaking in favor of granting the Conditional Use Permit, stated he is trying to relocate his elderly grandparents, who can care for themselves, and there is no place in the City of Bakersfield for them. The planned unit is going to be beautiful. The main consideration should be where do these elderly people go and almost everyone has to face this at one time or another. These people's necessities and transportation will be provided. Mr. Tom Fallgarter, speaking for himself, expressed his concerns regarding traffic problems in this area and felt due to the rural nature of the area, density of the proposal sLnd nearness to the Kern River that the proposal is not appropriate for that location. He is sympathetic to the needs of the elderly and housing situation, however, there are many sites in the City of Bakersfield that would be appropriate for a home for the elderly. There is only one Kern River, it represents a priceless heritage and there is an incessant chipping away at that heritage. Mr. Bakersfield, California, January ll, 1984 - Page 93 Fallgatter requested that the Council uphold the decision of the Board of Zoning Adjustment and deny the Conditional Use Permit. Mr. Rich O'Neill, Kern River Parkway Committee, with the aid of a map, explained the flood pattern of this area and stated there is housing available for the elderly, but they cannot sell or rent them. These people will be elderly and will get sick. It will be a high risk situation regarding traffic and emergency vehicles. Mr. Jim Gibbons, resident of the area, expressed his support of the Conditional Use Permit, which will allow housing for the elderly. No further protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Councilman Christensen expressed his opposition to the granting of the Conditional Use Permit by stating people have to have an eye for the future and the Kern River will be lost if the Council allows development to keep biting away at it. Councilman Payne made a motion to approve the Negative Declaration; grant the application of Calvary Bible Church for a Conditional Use Permit to allow a 40-unit home for the aged, and permit the reduction of the required side street setback from ten feet to five feet and allow off-street parking with the required 25-foot front yard setback, in an RS-2½A-CH-FP-S (Residential Suburban, 2½ acre, Church, Floodplain Secondary) Zone, on that certain property commonly known as 4805 Manor Street, with the ll conditions recommended by staff; and find that the proposed use is deemed essential and desirable for the public welfare and in harmony with the elements and objectives of the General Plan. Mayor Shell declared a brief recess at 10:32 P.M. and reconvened the meeting at 10:45 P.M. In answer to a question by Councilman Rockoff, Mr. Earl Gibbons stated the facility will be made available to senior 94 Bakersfield, California, January ll, 1984 - Page 19 citizens at a cost considerably less than elsewhere. He promised not to rent to anyone but elderly citizens. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated a condition can be included in the granting of the Conditional Use Permit that a horse facility adjoins the property in question and the applicants are aware of it and will not bring any action to close that facility. Councilman Moore asked Mr. Marvin Richards if he is the Business Manager of the Heritage Church, who came before a Committee of the Council requesting a variance in sewer connection fees to assist them in a retirement project. Mr. Richards stated yes he is. Councilman Rockoff requested that Councilman Payne amend his motion to include the restrictions on the age of the persons who will be renting units at the retirement center and protection of the stable owners due to odor problems from the stables. Councilman Payne indicated he would amend his motion to include those two conditions on the granting of the Conditional Use Permit. Councilman Payne's amended motion to approve the Negative Declaration; grant the application of Calvary Bible Church for a Conditional Use Permit to allow a 40-unit home for the aged, and permit the reduction of the required side street setback from ten feet to five feet and allow off-street parking with the required 25-foot front yard setback, in an RS-2~A-Ctt-FP-S (Residential Suburban, 2½ acre, Church, Floodplain Secondary) Zone, on that certain property commonly known as 4805 Manor Street, with the 11 conditions recommended by staff; find that the proposed use is deemed essential and desirable for the public welfare and in harmony with the elements and objectives of the Genera] Plan; and approve the conditions restricting the age of persons renting the retirement units from the church and that a horse facility adjoins the property in question and the applicants are aware of it and Bakersfield, California. January ll, 1984 - Page 20 95 will not bring any action to close that facility, carried by the following roll call vote: Ayes: Councilmen Moore, Payne. Rockoff, Barton Noes: Councilman Christensen Absent: Councilmen Childs, Ratty CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3095 to 3144, inclusive, in the amount of $66,833.99. (b) Claim for Personal Injuries from Ben Santana, c/o Michael J. Webb, Attorney Law, 1314 - 17th Street, Bakersfield. (Refer to City Attorney) at (c) Claim for Personal Injuries from Pedro Rivera, c/o James V. Sorena, Attorney at Law, 1314 - 17th Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages :from Gabriel Griego, c/o James V. Sorena, Attorney at Law, 1314 - 17th Street, Bakersfield. (Refer to City Attorney) (e Claim for Damages from Cheryl Irene Delaware and Randal] Eugene Delaware, 4330 Balboa Drive #D, Bakersfield. (Refer to City Attorney) (f Claim for Personal Injuries from Gary Dewayne Walker, Jr., 4313 Charter Oaks, Bakersfield. (Refer to City Attorney) (g Claim for Damages and Personal Injuries from Tony Martinero, c/o H. Dennis Beaver, Attorney at Law, 1311 "L" Street, Bakersfield. (Refer to City Attorney) (h) Sewer Easement from Tenneco Realty Development Corporation, as required by the Planning Commission for Parcel Map No. 7038, located on the south side of Truxtun Avenue and west side of Mohawk Street. (i) Improvement Agreements for Parcel Map Nos. 6847 and 7053 with Tenneco Realty Development Corporation for construction of improvements therein, located south of White Lane midway between Old River Road and Gosford Road; and Road and Public Utility Easements from Tenneco Realty Development Corporation for public roads and public utilities as required by the Planning Commission for Parcel Map No. 7053. 96 Bakersfield, California, January 11, 1984 - Page 21 (J) (k) (i) (m) (n) (o) Map of Revised Tract No. 4618 with Barratt Northern California, Inc., located on the north side of Fairview Road midway between South "H" Street and Union Avenue. Notices of Completion and Acceptance of Work on: Construction of Metal Beam Guard Rail at various locations, Contract No. 83-168 with Alcorn Fence Company. Resurfacing "Q" Street between 34th and West Columbus Streets and Espee Street between 30th Street and Union Avenue, Contract No. 83-163 with Granite Con- struction Company. "H" Street Resurfacing between Brundage Lane and California Avenue and between Truxtun Avenue and 24th Street, Contract No. 83-111 with James G. Francis, Contractor, Inc. Tract No. 4242, Unit 1, Contract No. 82-69 with Bartart Northern California, Inc., located on Fairview Road east of South "H" Street. Application for Encroachment Permit from R. L. Johnston, 4701Treanna Avenue, #A, Bakersfield, for construction of a 6 foot high wood fence on the side yard of 4701 Treanna Avenue, located 2 feet behind existing sidewalk along Edmonton Street. Application for Encroachment Permit from Leslies Swimming Pool Supplies, 20222 Plummer Street, Chatsworth, California, for construction of Planters with irri- gation system on California Avenue and on "K" Street frontages at 1329 California Avenue. Application for Encroachment Permit from R.P.R. Warehousing, 2101 "Q" Street, Bakersfield, for construction of a 5 foot wide by 60 foot long roof canopy located 18 feet above sidewalk and encroaching 5 foot into the right-of-way on "Q" Street at 2101 "Q" Street. Application for Encroachment Permit from "781 Beach Street Property, Ltd." 1706 Chester Avenue, Suite 558, Bakersfield, for construction of flat columns on face of existing building at northeast corner of 17th Street and Chester Avenue, encroaching approximately 2 inches into the 17th Street and Chester Avenue right-of-way. (p) Plans for Traffic Signal System at Kentucky Street and Baker Street. Bakersfield, California, January 11, 1984 - Page 22 97 (q) Plans for Traffic S~gnal System on Truxtun Avenue at Mohawk Street. Upon a motion by Councilman Rockoff, Items (a), (b), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p) and (q) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: Councilmen Electric, (c) , Christensen, Moore, Payne, RockofI, Barton Childs, Ratty ACTION ON BIDS Upon a motion by Councilman Payne, low bid of Graybar in the amount of $7,791, for Transient Surge Protector, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Conlan Engineering and Construction, in the amount of $37,918, for Communication Tower for the Police Department, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, low bid of Landworks Limited, in the amount of $19,200, for Landscaped Area Maintenance, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 5500 District Boulevard. The application for this amendment was made by Frank V. Amaral and would change subject property from an M-1 (Light Manufacturing) Zone to an M-2 (General Manufacturing), or more restrictive Zone. The Planning Commission recommended approval of this amendment. 95 Bakersfield, California, January ll, 1984 - Page 23 Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 5500 District Boulevard. Adoption of Resolution No. 2-84 of the Council of the City of Bakers- field establishing Ambulance Service Charges. Ordinance No. 2886 required that the City Council estab- lish ambulance service charges. This resolution adopts rates recommended by the Growth and Development Committee, which are an average of rates compiled from similar operations in other California cities. Upon a motion by Councilman Payne, Resolution No. 2-84 of the Council of the City of Bakersfield establishing Ambulance Service Charges, was adopted by the following roll call vote: Ayes: Councilmen Christensen~ Moore, Payne, Rockoff~ Barton Noes: None Absent: Councilmen Childs, Ratty Approval of Agreement with Bakers- field Pre-Sort providing mail sorting services that reduces postage on First-Class Mail. In order to reduce the C~ty's overall mail costs, City staff reviewed several proposals regarding the handling of the City's mail. Estimates indicate an agreement with Bakersfield Pre-Sort will result in a monthly savings of approximately $300. Upon a motion by Councilman Rockoff, Agreement with Bakersfield Pre-Sort providing mail sorting services that reduces postage on First-Class Mail. was approved and the Finance Operations Manager was authorized to enter into a month-to-month agreement. Bakersfield, California, January 11, 1984 - Page 24 99 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at ll:05 P.M. M~u~ o,~ City og Bakersfield, Calif. ATTEST: K and Ex Officio Clerk of the Council of the City of Bakersfield, California ma i00 Bakersfield, California, January 18, 1984 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., January 18, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Richard Ferris of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Absent: None Minutes of the regular meeting of January 4, 1984, were approved as presented. SCHEDULED PUBLIC STATEMENTS Reverend Ralph Anthony, representing the Lakeview Community Corporation, stated they are in support of the stand taken by Police Civil Service Coramissioner William McCullough regarding an incident that took place where Police Officers stopped him in relation to a robbery that had taken place. Reverend Jimmy Roy, Secretary of the Bakersfield Minister's Conference, stated they wanted to go on record as being 100% behind William McCullough. Mr. Art. Powell stated he also wanted to go on recPrd and show he is 100% behind Mr. McCullough. He has been working with the Police Department, former City Manager and community to bring about a good relationship and it is important to continue to do that. He did not feel that accusations on either side is important at this time. It is important that they, as a community, sit down and try to work together. Councilman Payne stated the gentlemen who just spoke are correct, they have worked very closely with the Police Department in a concentrated effort to improve Police-Community relations in the past several years, but that was not a one-sided program. The Police Department also worked very closely with that segment of B~kersfield, California, January 18, 1~8~ - Pa~e 2 the community for the same goals and objectives. He wanted to make the point that the officers, based upon policy and procedures in effect at the time of the incident, were working and operating absolutely and positively properly, and he stands 100% behind Chief Price and the officers of the Bakersfield Police Department. They should not be condemned, they should be commended. Mr. Norman Walters, 3301 Dwight Street, Minister and Educator, stated recent actions of Bakersfield Police Officers, in stopping recent criminal suspects, has occupied the news for the last few days. Since the victims or suspects in each case, were identified as black it has caused unreasonable criticism of the Police Chief and officers involved. He believes the accusations are unwarranted and politically motivated to trust in this City. From the facts reported media, it appears that in both instances the cause unrest and dis- by the local news vehicular stops were made on probable cause. He wondered if the accusers ever sat in the seat of a squad car or walked the beat of a law enforcement officer and how many have sworn to serve their community and give their life, if necessary, to protect the citzens from criminals and uphold the laws of the City, County, State and Nation. Mr. McCullough should be proud he is related to the Bakersfield City Police and should have commended the department for their aggressive actions. Police Officers are not paid to be popular, take chances with their own safety and life to avoid hurting someone~ pride or feelings One officer injured or slain, as a result of being the good guy is one too many. Crime is a major problem in any community and violent criminals or suspected violent criminals must be apprehended by the best and most efficient method. Councilman Childs stated it is apparent that the community, as a whole, feels strongly about this matter. He wanted to go on record as saying his concern is for the community, people and the Police Officers. During the last few days he has been trying to find a workable solution that is satisfactory to every.one. He Bakersfield, California, January 18, 1984 - Page 3 wanted to make it clear that he does not want to see any citizen erroneously killed or any Police Officer injured, in any way, in the performance of his duty. Councilman Payne stated he wanted to second Councilman Childs' statements. Councilman Childs has been working as diplo- matically and expeditiously as possible. Everything that could representative has been done by Councilman be done by a Council Childs. COUNCIL STATEMENTS Councilman Childs stated he has requested Chief Price to conduct a one-day seminar for the public to let them know what is involved in this type of situation. Chief Price has agreed to this request Upon a motion by Councilman Christensen, three ordinances; listed under New Business regarding zone changes pertaining to Segments on the General Plan Amendment hearing were moved and will be considered after that hearing. Mayor Shell declared a brief recess at 7:20 P.M. and reconvened the meeting at 7:30 P.M. REPORTS Councilman Christensen, member of the Governmental Efficiency and Personnel Committee, read Report No. 5-84 regarding Planning Commission Appointments, as follows: Last week the Governmental Efficiency and Personnel Committee submitted the name of Mrs. Susan Weaver for the Council's consideration to fill a Planning Commission vacancy. Attached to this report is Mrs. Weaver's resume. As Council can see, she has an exceptional back- ground--both educationally and experience wise. She has been a very active citizen in this community, and we feel that she will make an outstanding Planning Commissioner. We are now prepared to recommend that Mrs. Susan Weaver fill the unexpired term of Clarence Westra. This appointment will expire April 17, 1986. Due to a last minute rush of resumes for the other vacancy on the Planning Commission, we are not prepared at this time to make a recom- mendation. We are in hopes that we will haw? a recommendation within the next two weeks. Bakersfield, California, January 18, 1984 - Page 4 Upon a motion by Councilman Christensen, Governmental Efficiency and Personnel Committee Report No. 5-84 regarding Planning Commission Appointments, was accepted; and Mrs. Susan Weaver, 7508 Kroll Way, was appointed to fill a vacancy on the Planning Commission created by the resignation of Clarence Westra, term expiring April 17, 1986. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3145 to 3286, inclusive, in the amount of $811,955.71. (b) Claim for Indemnity from Western Pipeline Company and Tenneco Realty Development Corporation, c/o Robinson, Palmer & Stanton, 1326 "H" Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Roy Acevedo, 2900 Pasadena Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Mercury Casualty, 8155 Van Nuys Boulevard, Panorama City, California. (Refer to City Attorney) (e) Claim for Damages from Valley Tunneling Company, c/o Aron, Liggett & Newman, Attorneys at Law, 907 Santa Fe, Suite 101, Fresno, California. (Refer to City Attorney) (f) Claim for Damages and Personal Injuries from Eddie Lee Pugh, Route 6, Box 35 D, Bakersfield. (Refer to City Attorney) (g) Public Utilities Easement from Tenneco Realty Development Corporation as required for Tract No. 4610, located on the south side of Ming Avenue, east of Old River Road. (h) Street Right-of-Way Deed from Jimmy F. and Dorothy J. Barron required for widening of Stine Road from Panama Lane to Pacheco Road. (i) Notice of Completion and Acceptance of Work on Parcel Map No. 6594, Contract No. 82-166 with Terry L. Moreland, located at 40th and "Q" Streets. (J) Application for Encroachment Permit from LRG Properties, ]925 "H" Street, Bakers- field, for construction of a 6 inch high curb planter encroaching approximately 1 foot into the right-of-way and a 30-inch high metal decorative fence approximately 9 feet behind the curb on "H" Street and tree well planters, per City Tree Well Standard, along the 20th, "H" and "G" Street frontages at 1925 "H" Street. 104 Bakersfield, California, January ]8, 1984 - Page 5 (k) Application for Encroachment Permit from Hinesley Brothers Construction, Route 5, Box 530, Bakersfield, for construction of a retaining wall behind the sidewalk along Puder Street at 5813 Amerock Court. The wall will vary in height from 8 feet to 4 feet. (l) Plans and Specifications for construction of improvements on Niles Street from Baker Street to Virginia Street and on Baker Street from the Southern Pacific Railroad to Bernard Street. (m) Program Supplement No. 16 to Local Agency- State Master Agreement No. 06-5109 covering FAU Project M-F 289(1) on Pierce Road between Rosedale Highway and Calloway Canal. (d), (e), Calendar. Upon a motion by Counci]man Rockoff, Items (a), (b), (c), (£), (g), (h), (i), (j), (k), (1) and (m) of the Consent were adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None ACTION ON BIDS James G. $68,512, Drain System between Auburn Street and Coronado Street all other bids rejected and the Mayor was authorized to Upon a motion by Councilman Rockoff, remainder of bid of Francis for Alternates "AA" and "A", in the araount of for construction of University Area and ~aywood Storm was accepted, execute the contract. Upon a motion by Councilman Moore, low bid of Gamcon Company, in the amount of $9,144, for construction of Interim Discharge System at Wastewater Treatment Plant No. 3, Phase 2, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. 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 Operations Manager was authorized to negotiate a price with BIF, Division of General Signal Control, Inc., for the completion of Instrumentation and Telemetry System for Wastewater Treatment Facility, Plant II, not to exceed $12,824. Bakersfield, California, January 18, 1984 - Page 6 ]05 DEFERRED BUSINESS Adoption of Ordinance No. 2893 New Series of the Council of the City of Bakersfield amending Section 2.04.070 of the Bakersfield Municipal Code relative to Order of Business at City Council Meetings. Upon a motion by Councflman Ratty, Ordinance No. 2893 New Series of the Council of the City of Bakersfield amending Section 2.04.070 of the Bakersfield Municipal Code relative to Order of Business at City Council Meetings, was adopted by the following roll call vote: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Ayes: Noes: None Absent: None Adoption of Ordinance No. 2894 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 that certain property in the City of Bakersfield commonly known as 5500 District Boulevard. The application for this amendment was made by Frank V. Amaral and would change subject property from an M-1 (Light Manufacturing) Zone to an M-2 (General Manufacturing) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2894 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 that certain property in the City of Bakersfield commonly known as 5500 District Boulevard, finding said zoning consistent with the by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen General Plan, were adopted Noes: None Absent: None 106 Bakersfield, California, January 18, 1984 - Page 7 Adoption of Zoning Resolution No. 308 of the Council of the City of Bakersfield approving and adopting Negative Declaration and approving Conditional Use Permit to allow expanded Mausoleum in an R-1 (One Family Dwelling) Zone on that property commonly known as the Greenlawn Cemetery, 3700 River Boulevard. This resolution formally embodies and establishes the decision of the Council following the hearing on this matter held January 11, 1984. Upon a motion by Councilman Christensen, Zoning Resolution No. 308 of the Council of the City of Bakersfield approving and adopting Negative Declaration and approving Conditional Use Permit to allow expanded Mausoleum in an R-1 (One Family Dwelling) Zone on that property commonly known as the Greenlawn Cemetery, 3700 River Boulevard, was adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Adoption of Zoning Resolution No. 309 of the Council of the City of Bakersfield granting Appeal of Calvary Bible Church from decision of Board of Zoning Adjustment denying Conditional Use Permit for a 40-unit home for the aged, and granting Modification allowing reduction of required side street setback from ten to five feet and allowing off-street parking within the required 25-foot front yard setback, in an RS-2½A-CH-FP-S (Residential Suburban, 2½ acre, Church, Floodplain Secondary) Zone, on that certain property commonly known as 4805 Manor Street. This resolution formally embodies and establishes the decision of the Council following the appeal hearing on this matter held January ll, 1984. Upon a motion by Councilman Barton, Zoning Resolution No. 309 of the Council of the City of Bakersfield granting Appeal of Calvary Bible Church from decision of Board of Zoning Adjustment Bakersfield, California, January 18, 1984 - Page 8 107 denying Conditional Use Permit for a 40-unit home for the aged, and granting Modification allowing reduction of required side street setback from ten to five feet and allowing off-street parking within the required 25-foot front yard setback, in an RS-2½A-CH-FP-S (Residential Suburban, 2½ acre, Church, Floodplain Secondary) Zone, on that certain property commonly known as 4805 Manor Street, was adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Batty, Rockoff, Barton Noes: Councilmen Childs, Christensen Absent: None Councilman Christensen requested that the record show that he is opposed to old age homes in the Floodplain. NEW BUSINESS Adoption of Emergency Ordinance No. 2895 New Series of the Council of the City of Bakersfield adding Section 17.08.025 to the Bakersfield Munici- pal Code exempting from Zoning Regulation Temporary Flaring Devices for Methane Gas. This Emergency Ordinance will permit the installation, for up to a one-year period, of a methane flaring device in con- nection with the Methane Recovery Program being operated at the Bakersfield Landfill. The need to deal immediately with newly discovered methane gas does not allow time to process a Conditional Use Permit. Upon a motion by Councilman Rockoff, Emergency Ordinance No. 2895 New Series of the Council of the City of Bakersfield adding Section 17.08.025 to the Bakersfield Municipal Code exempting from Zoning Regulation Temporary Flaring Devices for Methane Gas, was adopted by the following roll call vote Ayes: Councilmen Moore, Payne, Batty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None 108 Bakersfield, California, January 18, 1984 - Page 9 Adoption of Resolution No. 3-84 of the Council of the City of Bakers- field calling the Nominating Muni- cipal Election for the Office of Mayor and providing for the con- solidation of said Election with the State of California Direct Primary Election to be held on June 5, 1984. This resolution calls the election for Mayor to be held on June 5, 1984. In the event that no candidate receives a majority of votes, the runoff election would be held in November, 1984, and would be called by a separate resolution. Upon a motion by Councilman Christensen, Resolution No. 3-84 of the Council of the City of Bakersfield calling the Nominating Municipal Election for the Office of Mayor and providing for the consolidation of said Election with the State of California Direct Primary Election to be held on June 5, ~984~ was adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Adoption of Resolution No. 4-84 of the Council of the City of Bakers- field requesting the Board of Super- visors of the County of Kern to order the consolidation of the Nominating Municipal Election for the Office of Mayor of the City of Bakersfield with the State of California Direct Primary Election to be held on Tuesday, June 5, 1984. This resolution consolidates the Mayoral Election with the State-Wide Election to be held on June 5, 1984. Upon a motion by Councilman Ratty, Resolution No. 4-84 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the consolidation of the Nominating Municipal Election for the Office of Mayor of the City of Bakersfield with the State of California Direct Primary Election to be held on Tuesday, June 5, 1984, was adopted by the Bakersfield, California, January 18, 1984 -Page 10 ¸109 following roll call Ayes: Councilmen Noes: None Absent: None vote; Moore, Payne, Ratty, Christensen Rockoff, Barton, Childs, Adoption of Resolution No. 5-84 of the Council of the City of Bakers- field amending the Capital Improve- ment Budget for the Fiscal Year 1983-84. This resolution amends the Capital Improvement Budget to include the fire hydrants for Kern City and Park Stockdale Annexations and the storm drain improvements, all of which were approved at the last meeting in reports submitted by the Budget and Finance Committee and the Growth and Development Cemmittee. Upon a motion by Councilman Moore, Resolution No. 5-84 of the Council of the City of Bakersfield amending the Capital Improvement Budget for the Fiscal following roll call vote: Councilmen Moore, Payne, Christensen Ayes Noes Absent: None None Year 1983-84, was adopted by the Ratty, Rockoff, Barton, Childs, Adoption of Resolution No. 6-84 of the Council of the City of Bakers- field proposing proceedings for annexation of territtory to the City of Bakersfield identified as Annexation No. 290 (Wible No. 5). This is for the annexation of 11.33 acres located on the east side of Wible Road, approximately 600 feet north of Ming Avenue, commonly known as the GEMCO Commercial Development. Cost/Revenue studies consistently have indicated that shopping centers, such as this, produce more revenues than costs. The Planning Commission recommended approval of the annexation at its regular meeting of January 5, 1984. Upon a motion by Councilman Childs, Resolution No. 6-84 of the Council of the City of Bakersfield proposed proceedings for 110 Bakersfield, California, January 18, 1984 - Page annexation of territory to the City of Bakersfield Annexation No. 290 call vote: Ayes: Councilmen Noes: None Absent: None identified as (Wible No. 5), was adopted by the following roll Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Approval of Agreement with Ed Rodgers, Auctioneer, for auction services for sale of surplus and unclaimed property. The Equipment Superintendent has surplus equipment available for disposal. Ed Rodgers, Auctioneer, is holding an auction on January 28, 1984, at the City's Old Corporation Yard. In order to dispose of this surplus equipment in a timely and efficient manner, staff recom~ends including this equipment in Mr. Rodgers scheduled auction. Mr. Rodgers has provided auctioneer services satisfactorily in the past. Upon a motion by Councilman Childs, Agreement with Ed Rodgers, Auctioneer, for auction sewvices for sale of surplus and unclaimed property, was approved and the Finance Operations Manager was authorized to enter into the agreement. Approval of Supplemental Agreement to Agreement No. 83-108 with Tenneco Realty Development Corporation for resurfacing existing roadway on Truxtun Avenue between the Atchison Topeka and Santa Fe Railroad and Coffee Road. As a condition of development, Tenneco is adding two travel lanes on Truxtun Avenue between the Atchison Topeka and Santa Fe Railroad and Coffee Road. A recent inspection of the existing roadway has shown deterioration of the asphalt concrete and will require resurfacing within one to two years. This supple- mental agreement will authorize Tenneco to resurface the existing roadway and in exchange the City will pave an equal area at another location to be decided during Fiscal Year 1984-85. Upon a motion by Councilman Ratty, Supplemental Agreement to Agreement No. 83-108 with Tenneco Realty Development Corporation Bakersfield, California, January 18, 1984 -iPage 12 111 for resurfacing existing roadway on Truxtun Avenue between the Atchison Topeka and Santa Fe Railroad and Coffee Road, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 7-84 approving the application and acceptance of a Cultural Resource Survey Grant from the California State Department of Parks and Recreation for an amount not to exceed $10,600 and appropriating funds for said program. This application is an extension of the First Year Historical Survey presently underway. Because of the previous funding limitations, at the Federal level, the City of Bakersfield was asked to split the initial grant application in two parts; a First Year and a Second Year Survey. This resolution is the formal application for the Second Year Cultural Resources Survey Grant. Upon a motion by Councilman Christensen, Resolution No. 7-84 approving the application and acceptance of a Cultural Resource Survey Grant from the California State Department of Parks and Recreation for an amount not to exceed $10,600 and appropriating funds for said program, was adopted by the following roll call vote Ayes Noes Absent: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen None None Adoption of Resolution No. 8-84 of the Council of the City of Bakers- field making findings and certifying the Final Environmental Impact Report for a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan known as Segment I, by the Pavillion. The Planning Commission reviewed the Final EIR on the proposed General Plan Amendment and recommended, by Resolution No. 81-83, certification by the City Council. Upon a motion by Councilman Moore, Resolution No. 8-84 of the Council of the City of Bakersfield making findings and 112 Bakersfield, California, January 18, 1984 - Page 13 certifying the Final Environmental Impact Report for a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan known as Segment I, by the Pavillion, was adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None HEARINGS This is the time set for public hearing regarding amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and Proposed Environmental Documents concerning the following general areas: Segment I: TttE PAVILLION (by Cornerstone Engineering, Inc.) has applied to change the Low Density Residential (0.5 to 5.,i9 dwelling units per gross acre) designation for 18.86 acres, to Commercial, located partially in a contiguous portion of the Kern River Floodplain on the west side of Manor Street and north of the Kern Island Canal. Segment II: PACIFIC SCENE PROPERTIES OF FRESNO, INC., has applied to change the Medium Density Residential (5.5 through 16.99 dwelling units per gross acre) designation, for 2.2 acres, to High Density Residential (17 to 45 dwelling units per gross acre), located at the southeast corner of 40th and "Q" Streets. Segment III: CAMP/TENNECO, a joint venture, AND TtIE CITY OF BAKERSFIELD has applied to change the Low Density Residential (0.5 to 5.49 dwelling units per gross acre) designa- tion, for 5.05 acres, to Commercial, located on the west side of Coffee Road approximately 635 feet north of Stockdale Highway. Segment IV: ATLANTIC RICHFIELD COMPANY (ARCO) has applied to change the Industrial desig- nation for ]05.7 acres to Low Density Residential (0.5 to 5.49 dwelling units per gross acre) for 57.2 acres, High Density Residential (17 to 45 dwelling units per gross acre) for 25.7 acres~ Office for ].8 acres and Commercial for 21 acres, located west of South "H" Street to Hughes Lane and the Southern Pacific Railroad, between Pacheco Road on the south and White Lane on the north. Bakersfield, California, January 18, 1984 - Page 14 113 Segment V: JEWETT LANE PARTNERSHIP has applied to change the Industrial designation, for 12.7 acres, to High Density Residential (17 to 45 dwelling units per gross acre), located north of 38th Street between Jewett Avenue on the east and "K" Street on the west. This hearing has been duly advertised and the property owners notified as required by law. The Planning Commission approved the Final Eavironmental Impact for Segment I and Negative Declarations for Segments II, III and V, and recommended approval of Segments II, III and V. The Planning Commission recommended denial of Segments I and IV and Negative Declaration for Segment IV. Letters in opposition to Segment I have been received from David B. Harvey, Route l, Box 56M, Lake Isabella, California, and Bob DeNike~ 336 W. Kanai, Porterville, California. A letter has been received from Cornerstone Engineering, Inc., dated January 9, 1984, requesting withdrawal of Segment I. Upon a motion by Councilman Christensen, request of Cornerstone Engineering, Inc., to withdraw Segment I, was approved by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Mayor Shell declared the hearing open for public partici- pation on Segment II. Mr. Owen Sullivan, applicant, indicated that he was present to answer questions of the Council. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing on Segment II for Council deliberation and action. Mayor Shell declared the hearing open for public partici- pation on Segment III. Mr. Chuck Tolfree, representing Tenneco Realty Develop- ment Corporation. indicated that he was present to answer questions of the Council. 11,1 Bakersfield, California, January 18, 1984 - Page 15 Councilman Ratty asked several questions about the access to and from this property. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing on Segment III for Council deliberation and action. Mayor Shell declared the hearing open for public partici- pation on Segment IV. Mr. Dale Scales, representing ARCO, indicated that he was present to answer questions of the Council. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion oi the hearing on Segment IV for Council deliberation and action. Councilman Rockoff stated he feels the overall plan is very good and generally better than the zoning presently on the property. One of the problems was the Low Density Residential abutting the M-1 and M-2 zoning. Planning Director Scea]es stated there is some R-1 zoning, along the northwest portion of the property, next to M.-1 zoning. However, there is a 150 foot power line transmission easement running through this property where no building can take place. This acts as a buffer just like White Lane acts as a buffer between Stockdale Industrial Park on the south side and residential develop- ment on the north side. A large City drainfield abuts 30 acres of proposed "A" zoning, which is restricted to a drill si~e for Tenneco. would be East of the "A" zone, on the north side of the easement, "M" zoning and R-1 on the south easement, however, it is separated by the 150 foot strip of ]and. That is the only place there is a direct connection between the R-1 and M-1 zoning, and there is a 150 foot separation which cannot be built upon. In answer to a question by Councilman Rockoff, regarding the railroad track adjacent to the R-1 property, Planning Director Sceales stated the Noise Element of the General Plan was just up- dated. When trains travel that track there is noise, however, not Bakersfield, California, January 18, 1984 - Page 16 115 too many trains use that track. A~ a result it is not discussed as a problem in the Noise Element by the consultants. This same track runs through many residentia~ areas of the City. Most of the property adjacent to the track would be zoned "A" and M-1. The only R-1 property this would impact is a small area off Hughes Lane. Councilman Rockoff stated there was some concerns expressed by the Planning Commission regarding the flow of traffic through a residential area to the M-1 property. Planning Director Sceales stated there was no access allowed between the southerly portion (R-l) and across to the M-1 or R-3 property. That is separated by the easement and there would not be circulation between the two. However, as far as traffic coming off White Lane down between the proposed M-1 (proposed shopping center site) and coming of~ South "It" Street through the High Density Residential, ARCO proposed to deed restrict that property to uses similar to those on Easton Drive, which is office- warehousing with very little heavy truck traffic. It was felt, when reviewing this with the Traffic Engineer, that that would not be a major problem. Public Works Director Hawley stated, referring to the frontage along White Lane, that they were concerned about limited access to White Lane in the vicinity of the traf£ic signal at White Lane and South "H" Street. It is about 600 feet from that intersection to the nearest access point. Due to the shape of the property there is only 'room for one access point and it would be difficult to have a separate access or street to serve the M-1 property and the other to serve the R-3 property. It was felt, after weighing the matter, that one access point to White Lane, a street with a minimum width of 44 feet, would satisfactorily serve both the R-3 and M-1 property. This means there would be truck and residential traffic using a portion of that road. Due to the shape of the property it was felt this was the best way to handle it. 116 Bakersfield, California, January 18, 1984 - Page 17 In answer to a question by Councilman Rockoff, regarding guaranteeing that the deed restriction will be placed on the M-1 property limiting the use to small office-warehousing, Planning Director Sceales stated that ARCO proposed to do that, the City did not require it. There is a mitigating measure on the Negative Declarafion requiring that the area be deed restricted to light industrial uses. Councilman Rockoff requested that it be placed in writing so that sometime in the future it does not become a problem. City Attorney Oberholzer suggested it be made one of the conditions of mitigation in the Negative Declaration. There will be a map filed on this Segment and it would be appropriate, at that time, to place the restriction on the map. The map will be recorded and traceable. Dale Scales stated they covered that point in the initial discussions with the Planning Department and they plan on doing that to the City's satisfaction. Mayor Shell declared the hearing open for public partici- pation on Segment V. Mr. Tim Gannon, representing the applicant, indicated he was present to answer questions of the Council. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing on Segment V for Council deliberation and action. Upon a motion by Councilman Rockoff, Resolution No. 9-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment II of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General! Plan (Land Use Amendment 2-83), was adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Bakersfield, California, January 18, 1984 - Page 117 Upon a motion by Councilman Moore, Resolution No. 10-84 of the Council of the City of Bakersfield making findings, adoptin~: Negative Declaration and approving Segment III of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-83), was adopted by the following roll call vote: Ayes Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes None Absent: None City Attorney Oberholzer advised the Council that if they plan on approving Segment IV the following conditions must be added to the motion: With respect to schools: The Greenfield School District intends to apply for fees for temporary faei]ities to offset any overcrowding resulting from the project. 2 o With respect to traffic: If conditions recommended in the staff report by the Traffic Engineer are imposed there will be no significant traffic problems. The proposed land uses are arranged in a compatible fashion within the project and impacts on surrounding neighborhoods are mitigated by the conditions recommended by staff. 4. Facilities are available to handle the sewage requirements of the project. The project should not produce any signi- ficant degradation of either water or air quality to any greater extent than any similar size project. Any additional noise will be reduced to acceptable levels that are presently compatible with residential development. The recreational needs relating to the project can be met by application of the Quinby Act procedures at the time of the subdivision. That a restriction be placed on the industrial zoned property to light industrial uses only. Upon a motion by Councilman Barton, Resolution No. 11-84 of the Council of the City of Bakersfield making findings, adopting 118 Bakersfield, California, January 18, 1984 - Page Ayes: Noes: Absent: Negative Declaration and approving Segment IV of proposed amend- ment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-83), with the conditions as stated by the City Attorney, was adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None Upon a motion by Councilman Rockoff, Resolution No. 12-84 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment V of proposed amendment to the Land Use Elementof the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-83), was adopted by the following roll call vote: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen None None NEW BUSINESS (Continued) 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 between 38th and 40th Streets and between "K" Street and Jewett Avenue. The application for this amendment was made by Tim Gannon and would change subject properties from an M-1-D (Light Manufacturing - Architectural Design) Zone to an R-3 (Limited Multiple Family Dwelling) Zone, as per General Plan Amendment, Segment V. The Planning Commission recommended approval of this amendment. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield, California, January 18, 1984 - Page 20 119 Bakersfield Municipal Code by changing the Land Use Zoning of certain properties in the City of Bakersfield located between and 40th Streets and between "K" Street and Jewett Avenue. 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 City of Bakersfield located on the southeast corner of 40th and "Q" Streets, and making findings in connection with a P.U.D. Zone. Sullivan Multiple Family Dwelling - Architectural Design) Zone to a P.U.D. (Planned Unit Development) Zone, consisting of 60 apartment units located in four, two-story structures with corm~on recreational facilities, as per General Plan Amendment, Segment II. The Planning Commission recommended approval of this amendment. The application for this amendment was made by Owen J. and would change subject properties from an R-2-D (Limited 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 southeast corner of 40th and "Q" Streets, and making findings in connection with a P.U.D. Zone. Withdrawal of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Municipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located partially in a contiguous portion of the Kern River Floodplain on the west side of ~anor Street and north of the Kern River Island Canal, and making findings in connection with a P.C.D. Zone. The application for this amendment was made hy Corner- stone Engineering, Inc., and would change subject properties from an "A" (Agricultural) and FP-S (Floodplain Secondary) Zones to a P.C.D. (Planned Commercial Development) Zone, consisting of two those 3Sth First reading was considered given an Ordinaace of the 120 Bakersfield, California, January 18, 1984 - Page 21 structures and an off-street parking area. These structures contain a total of 50,000 square feet of commercial floor space and will consist of a wedding chapel, recreation area, lounge area, food caterer and associated retail and office uses, as per General Plan Amendment, Segment I. The Planning Commission recon~ended denial of the amend- ment and P.C.D. Zoning. Upon a motion by CouncSlman Christensen, Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located partially in a contiguous portion of the Kern River Floodplain on the west side of Manor Street and north of the Kern River Island Canal, and making findings in connection with a P.C.D. Zone, was withdrawn due to the withdrawal of Segment I of the General Plan Amendment hearing. HEARINGS (Continued) This is the time set for public hearing before the Council on an Appeal by Atlantic Richfield Company (ARCO), to the decision of the Planning Commission denying their applScation to change the zoning boundaries from an M-1-D (Light Manufacturing - Architectural Design) Zone to an R-1 (One Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-O (Commercial and Professional Office), C-1 (Limited Commercial), C-2 (Commercial) and "A" (Agricultural) Zones, affecting those certain properties in the City of Bakersfield located west of South "H" Street to Hughes Lane and the Southern Pacific Railroad, between Pacheco Road on the south and White Lane on the north. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Bakersfield, California, January 18, 1984 - Page 22 121 Mr. Dale Scales, representing ARCO, stated most all of the identified problems have been addressed. The zoning applied to this project is more restrictive and they feel it ~s more conducive to the land use in the area. It is ARCO's desire to develop a project that the City of Bakersfield will be happy with, upgrade the area and provide better shopping facilities. They feel that this property should be used to do a better job for the area than an M-1 zone would do. Mr. Mark Dickerson, resident of the 6th Ward, expressed his concerns with the traffic in the area. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Adoption of Negative Declaration with the same findings made in the Land Use Element of the General Plan Amendment (Segment IV) and 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 south of White Lane, west of South "H" Street, north of Pacheco Road, east of Hughes Lane and the southeasterly right-of-way line of the Southern Pacific Railroad. Upon a motion by Councilman Barton, Negative Declaration with the same findings made in the Land Use Element of the General Plan Amendment (Segment IV), was adopted and first reading was considered given an Ordinance of the Council of the City of Bakers- field 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 White Lane, west of South "H" Street, north of Pacheco Road, east of Hughes Lane and the south- easterly right-of-way line of the Southern Pacific Railroad, by the following roll call vote: Ayes Noes Absent~ Councilmen Moore, Payne, Christensen None None Ratty, Rockoff, Barton, Childs, 122 Bakersfield, California, January 18, 1984 - Page 23 CLOSED SESSION Upon a motion by Councilman Christensen, recessed to a Closed Session at 8:30 P.M., the regular meeting was reconvened at 8:48 ADJOURNMENT There being no further business to come before CounciI, upon a motion by Councilman Christensen, was adjourned at 8:50 P.M. the Council to discuss Litigation. P.M. the the meeting MAYOR~ i y~oakersfi~ ATTEST: ASSISTANT CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, January 23, 1984 !23 Minutes of a special meeting of the Council of the City of Bakersfield, California, held in the Senior Citizens Center, 530 4th Street, at 7:00 P.M., January 23, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Ezra Turner of the Pleasant View Missionary Baptist Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Childs, Christensen, Moore Absent: Councilman Barton Mayor Shell read a letter from Councilman Barton expressing his regret at not being able to attend tonight's meeting due to a commitment made four months ago to be Jn Albuquerque, [New Mexico the week of January 23 through January 27, 1984. Councilman Moore stated he has a prior commitment and will be unable to stay for the entire meeting. He did wish to commend Councilman Childs for the dedication and interest he has shown both for the entire community and the First Ward. DISCUSSION REGARDING WARD NO. Public Works Director Hawley, referring to a map, outlined the boundaries of the 1st Ward and reviewed current and past Capital Improvement Projects. Looking back several years, the major problem in the 1st Ward was a lack of storm drains and drainage disposal facility. When Freeway 58 was constructed, the City participated with the State in constructing a very large storm drain along the freeway at a cost of approximately $2,000,000. Once there was a place to get rid of storm water, the City was able to construct storm drains, curb and gutter and reconstruct the streets in the 1st Ward. With those improvements, the City is now able to provide better street cleaning. Storm drains, curb and gutter and street recon- struction have been completed in the Sunset Tract, Mayflower Addition and Kern Div~sion. Storm drains have also been constructed in the Carnation Tract and storm drains and missing curb and gutter have been constructed in the Lowell Addition. He stated current Capital 124 Bakersfield, California, January 23, 1984 - Page 2 Improvement Projects located in the 1st Ward include: resurfacing of "H" Street, Chester Avenue, South "P" and Truxtun Avenue; two traffic signal modifications at Brundage Lane and "H" Street and Brundage Lane and Chester Avenue; curb and gutter along King Street and roof repair work at the Dr. Martin Luther King Jr. Community Center. He further explained it is current City policy that street lights are to be installed by the developer when property is sub- divided, or be included as a condition, when issuing a building permit. The cost of one street light is $2,400 and once it is installed and transferred to the Cit;y, the City pays energy costs, in the amount of $1.82 per light per month. It is also City policy to locate lights at intersections and mid-block on unu5;ually long blocks. The normal spacing is 350 feet. The 1st Ward looks good, except for the Mayflower Addition and street lights in that area appear to be at about every 700 feet. It would be a City criteria to have lights placed at mid-block. Since most of the 1st Ward is already subdivided, it would be necessary to pay for street lights by another method other than by the developer. One possible way to fund street lights is through the Community Block Grant Funda;. Total cost to furnish and install 33 lights in the Mayflower Addition would be approximately $80,000, plus an additional $720 per year for energy costs. There are 20 parks owned and maintained by the City. Three are located within the 1st Ward; Dr. Martin Luther King Jr., Lowell and Wayside. It is also noted that Beale Park is located near the boundary of the 1st Ward. All three parks, located in the 1st Ward, are fully developed. The newer parks, located in other parts of the City, do not have lighted baseball diamonds, tennis courts, swimming pools, or restrooms. The newer parks are designed as neighborhood parks with open space, bar-be-que equipment and picnic tables. They are maintained by assessing costs to the resi- dents that live in the vicinity. Fire and Development Services Director Needham stated there has been a substantial amount of development in the 1st Ward Bakers[ield, California, January 23, 1984 - Page 3 25 from 1980 through 1983. There were 133 building permits issued, for single-family additions to single-family residences. There were 32 permits issued for remodeling of single-family residences and multi-family residences and 22 permits issued for commercial construction. Community Development Coordinator Grady outlined the Community Development Department's activities. During the first fiscal year, 1977 through 1978, $820,000 was received for community development activities. The money was spent, primarily, on public works, spot blight, code enforcement and administration of the pro- gram. Since that time, the department has become involved in housing rehabilitation; offering various loans at varying interest rates; providing grants for handicapped access repair to the interior of homes; a new construction incentive program, which resulted in construction of 15 new housing un]ts for residents of Census Tract 22; interior renovations; and remodeling of restrooms and interiors. Funds are also provided for priority work, which is code related items, such as bad roofing, structural problems with rotted wood members, poorly vented heaters, illegal wiring, leaky plumbing and sewer problems. The 1st Ward is the primary target for block grant funds, however, anyone who meets the income criteria can apply for a housing rehabilitation loan or a deferred loan. Capital improve- ment type projects must be constructed, primarily, in :areas of low or moderate income population, as required by the Block Grant Program. To date, $401,000 has been spent in Census Tract 22 for Capital Improvements; $157,000 for upgrading the fire system, $120,000 ]n New Construction Incentive Program, and $289,000 on housing rehabili- tation in Census Tract 22. People are still hesitant to apply for a loan. They do not understand the financing and have reservations when dealing with a governmental entity. With a consistent effort by the Community Development Department Staf[', a larger interest on the part of the community is expected in the future. 126 Bakersfield, California, January 23, 1984 - Page 4 In answer to a question by Councilman Rockoff, Community Development Coordinator Grady stated the best interest rates for loans are offered to owner-occupied residences. The department is experimenting with a Rental Demonstration Program, through HUD, which provides loans to non-owner occupied housing. The interest rate is higher and terms are different. The terms are 9½% for 15 years for a rental unit, depending on the income, dence. If the owner is as opposed to 4°~ 6%, or 9~ for 15 years, for a sing]e-family, owner-occupied rest- in the 80% of the median income or less, which is HUD's primary target group, they can obtain the 4% loan. If the owner is between 80% and 100% of the median income, they can obtain a 6% loan. If the owner is between 100% and 120% of the medLan income, they would get the 9% loan. A loan cannot be granted, if the owner is above 120% of the median income. Mayor Shell asked the Council to consider the, possibility of establishing a community relations type of store front center in the 1st Ward. Some years ago, there was something of this nature. Mayor Shell also asked Assistant City Manager Russell to consider the cost of a facility of this type. Mrs. Josephine Triplett asked what Recreation Programs had been planned for the parks this year, what hours they would be open and if they would be providing jobs for the youth of the area. Acting City Manager Russell stated that the Recreation Program will be essentially the same as it has been in past years. There will be approximately 5 playground and CETA employees train- ing for recreation type jobs. The swimming pool at the Dr. Martin Luther King Park will be open the middle of June. Mrs. Ernestine Morris, 501 South Haley Street, stated she has had problems with neighbors playing guitars and drums until Hidnight, and as late as 2:00 A.M., and asked what could be done about the problem. She stated she has called the Bakersfield Police Department on three occasions, but they did not respond. Bakersfield, California, January 23, 1984 Page 5 City Attorney Oberholzer stated the City of Bakersfield does not have a noise ordinance. The usual procedure in a case like this is to call the Police Department. They do go out on calls of this nature to try to quiet the neighbor. If the noise is disturbing the peace, the person may make a citizens' arrest of the neighbor. Because that sometimes generates tension in the neighborhood, an alternative is to request the person making the complaint to come into the City Attorney's Office and a citation will be issued to the offending party. We would try to deal with it from our office. There is a State Law against disturbing the peace. In answer to a question by Councilman Childs, City Attorney Oberholzer stated there is no time limit on noise being generated from a commercial business. If the noise is going beyond the bound- aries of the property, the City would proceed to see if it is ampli- fied music. He did not know of any remedy available other than to rezone the property so that a commercial business could not operate in a residential neighborhood. Councilman Childs asked City Attorney Oberholzer to check into possible solutions to the noise problem and make a report back to him. Mr. Lynn Edwards, 531 9th Street, asked if discussion is limited to the Agenda tonight? City City Attorney Oberholzer stated at a special meeting of the Council, the Council is limited to the items on the agenda for discussion. Mr. Lynn Edwards asked, in reference Community Development Coordinator Grady, do we to the report from receive Community Development Block Grant monies yearly and by what method? Community Development Coordinator Grady stated the Depart.- ment of Housing and Urban Development has a formula by which they determine how much each city will receive. receives their allotment on an annual basis. average of $1,350,000 per year since 1977. The City of Bakersfield It has been on the Bakersfield, California, January 23, 1984 - Page 6 Mr. Lynn Edwards stated he was having difficulty under- standing how $5,000,000 could be spent on curb cuts, handicapped access and administration. Community Development Coordinator Grady stated the budgets are available to the public and assured Mr. Edwards the program budget is based each year on eligible ulations of the Block Grant Program. the budget is spent in the 1st Ward. items stipulated in the reg- At least three fourths of There are eligible families outside the 1st Ward, based on their budget, who can apply for a loan and have done so in the past. The overwhelming majority of oul~ budget has been spent in the 1st Ward. Mr. Lynn Edwards asked, if it is required that the million dollar grant be used in the fiscal year? Community Development Coordinator Grady stated they are allowed to carry over funds that are not spent during the program year, but not indefinitely. Generally, funds are carried over in programs such as housing rehabilitation, which ~s an on-going pro- gram. If it is a Capital Improvement Program, it is usually carried over because the drawings were not completed during the program year in which it was budgeted. from the first year to the Mr. Lynn Edwards Also, in some cases, it is carried over second to pay for a large project. asked about the status of a project where a corporation was considering moving into the community. Acting City Manager Russell stated that project is on schedule and the company is proceed]ng with those plans. There is talk of approximately 100 jobs to begin with and possibly double or triple that number in the future. Mr. Lynn Edwards asked about indications of proposed activity around the Airpark and if there was anything going on with that. Acting City Manager Russell stated there is an election in February to form an Airpark District. That is aside from the Southeast Enterprise Zone. The Enterprise Zone legislation has not Bakersfield, California, January 23, 1984 - Page 7 129 been approved as yet, but the City is doing everything possible to be on top of it. If it is approved by the Federal Government, sta£f will be ready to make a proposal io the Council. Councilman Childs stated that Census Tract 22 would be directly affected by the Enterprise Zone. There are two bills, AB 40 Nolan and AB 514 Waters. It is possible there will be a marriage of these two bills. Even with action by the Council, there is no guarantee Bakersfield will receive one of the grants for the SEZ Zone. Mr. John Fulton has been working diligently with the Airport District and SEZ B~11s trying to keep the City abreast of the situation. Mr. Ron Littlejohn, 615 about the broken curb and lack of Tract and Lowell Addition. "V" Street, stated he is concerned fire hydrants in the Carnation Public Works Director Hawley stated the see gutter added to those areas. This work would other areas of the City that do not have curb or gutter. Fire and Development Services Needham stated he is not familiar with the inadequacies of fire hydrants in this area. He stated he would take a look at that area and make a report back to the Council and notify ~[r. Littlejohn. Mr. David Strong stated he has worked with the Community Development Department and they have been very cooperative. He did asked how much is available in the Block Grant Fund for commercial development in the Target Area and what the staff, as well as Council, is looking to do ~n the area of California Avenue and ]3rundage Lane. Community Development Coordinator Grady stated development activities in that area are still under study, as it relates to the rezoning of Census Tract 22. activities, in the amount of year budget is on deposit at City would love to have to compete with Rehabilitation Program. That program was put on hold as a result of the development of a Strategy in that particular area. Until that issue is resolved, spending of those funds cannot be justified. The money budgeted for commercial $350,000, and $350,000 from the prJor Crocker Bank to fund the City's Commercial 130 Bakersfield, California, January 23, 1984 - Page 8 Funds. Mr. David Strong asked if the City has applied for UDAG Community Development Coordinator Grady stated the City has not applied for UDAG Funds at present, but has applied for a UDAG designation of a pocket of poverty, which includes Census Tract 15, 20 and 22. The City is designated and eligible to apply. Mrs. Josephine Triplett asked if a black ethnic make-up can be specified on the projects taking place in the 1st Ward. Community Development Coordinator Grady stated he did not know if it can be specified that a minority group be a certain per- centage in the employment. HUD does state and provides; criteria that there is a certain wage scale to be paid. The City is negotiat- ing for jobs to be targeted to Census Tract 22. Mrs. Josephine Triplett stated she would like, to find out the legal ramnifications, and, if it is not against the law, she would like to see poor black people hired on these jobs:. Councilman Rockoff stated he was involved in the Budget Committee involved in discussions with the company putting in the facility. It was discussed that the City was looking for businesses; that would provide income and jobs for the less skilled. The manage- ment of that company indicated their business used employees of less; skilled abilities. The location of the project was decided consid- ering the close proximity to Census Tract 22. He wanted to assure people with an interest, that these thoughts were considered, in negotiating with the company, who was also receptive. He did not know what the legal ramnifications are in making these objectives obligatory. Councilman Childs stated he has asked the City Attorney to look into the legality of the wording of the contract for that company and also the ROCK Center, to allow for a large portion of the labor to be from the unemployed individuals within Census Tract 22. He stated he had not received that report. If it is legally possible, he would try to see if that language could be included in the contracts awarded to those developers. Bakersfield, California, January 23, 1984 - Page 9 Mr. Robert Bethea suggested that be[ore the Council takes any action, in regard to hiring practices for contracts, the Affir- mative Action Plan should be checked. Councilman Childs thanked everyone in attendance and stated he was personally very disappointed in the turnout for tonight's meeting and any time it is possible to have a Council meeting in the 1st Ward, he would do so. Mr. Lynn Edwards stated he did not feel there was much publicity about the meeting in the 1st Ward, certainly not as much publicity as the meeting in the 6th Ward. Councilman Childs stated he felt there was sufficient coverage of the meeting and demonstrated concern to have had a better turnout. Mr. Lynn Edwards asked if the Council had plans to have a regular meeting of the Council, with a wide range of subjects, in the Wards. City Attorney Oberholzer stated the ordinance sets regular meetings of the Council in the Council Chambers at a specified time. If the time or location is changed, it requires special notice, and therefore, is a special meeting. Councilman Ratty stated he did not feel it is fair to the general public to change the place of regular meetings. People expect to be able to conduct regular business at City Hall. Mr. Lynn Edwards stated he did not feel there was anythin~ magic about City Hall, that oftentimes there is only staff in attend- ance. Perhaps it would increase attendance to have the meetings ou't in the Wards. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated the agenda must b~, specific enough that the general public knows what is going to be discussed. The Council cannot haw~ a general discussion regarding problems within the City, that is too general and does not give the public sufficient notice of what is going to be discussed. He further stated that, perhaps;, in the future, 132 Bakersfield, California, January 23, 1984 - Page l0 when a notice is sent out about a special meeting, individuals in the community, who have specific problems or concerns, should notify staff that they wish a specific item be placed on the agenda. Councilman Payne stated he felt he had a few advantages that Councilman Childs may not have had. He had more facilities available and, therefore, was able to pick his opponent's polling place to have the meeting. It was also his opponents suggestion throughout the campaign and, therefore, received more press coverage. He stated he felt when a meeting is non-controversial, just a routine business meeting at City Hall, there is not as large a group as there is here tonight. He also stated he felt the store-front suggested by Mayor Shell, could be utilized by the operation, Councilman. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 8:30 P.M. MAYOR of t~h~ City of Bakersfield, Calif. ATTEST: ~SSISTANT CITY Officio Clerk of the CLERK and Ex Council of the City of Bakersfie]d~ California CW Bakersfield, California, February l, 1984 ]33 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 7:00 P.M., February 1, 19S4. The meeting was called te order by Mayor Shell, by the Pledge of Allegiance and Invocation by Reverend Larry Chapman of the First Assembly of God Church. Present: Absent: 1984, the City of City followed The City Clerk called the roll as follows: Mayor Shell. Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne years Councilmen: Councilman James J. Barton, 5 years, June 19'74 through June 1979. Councilman J. M. "Chris" Christensen, 5 years, April 1975 through April [980. Councilman Thomas A. Payne, 15 years, January 1968 through January 1983 (includes service time with the Bakersfield Police Department). Councilman Donald K. Ratty, 5 years, March 1977 through March 1982. SCHEDULED PUBLIC STATEMENTS Pam Jett and David Williams, Kern High School District, invited the Mayor, Council and public to attend a Music Festival entitled "It's a Grand Night for Music," to be held Tuesday, February 7, 1984, at the Civic Auditorium. Mrs. Martha Walters, 3301 Dwight Street, stated she was misunderstood in the Council minutes of December 7, 1983, when she referred to an agreement. She was not referring to an agreement concerning the Valley Plaza Project, it was the agreement for the proposed Truxtun Galleria Project between the City and Terry Moreland. Mrs. Walters asked several questions regarding the Disposition and Development Agreement with Terry Moreland. None Minutes of the regular meetings of January 11 and 18, were approved as presented. PRESENTATION BY MAYOR Mayor Shell presented Certificates of Appreciation for of service to the City of Bakersfield to the following 134 Bakersfield, California, February l, 1984 - Page 2 District, was Committee for 8, 1984. CORRESPONDENCE Upon a motion by Councilman Payne, communication from the City of Lakewood, California, dated January 17, 1984, requesting that the Council adopt a resolution endorsing the Court Reform Initiative, was received and referred to the Legislative Committee. Upon a motion by Councilman Moore, communication from William S. Seckler, 1405 White Lane, #41, Bakersfield, regarding implementation of the California Transportation Development Act, specifically the Bike Lanes Account, and proposing a citizen's group to see that these matters are effectively implemented, was received and referred to the Growth and Development Committee. Upon a motion by Councilman Moore, communication from Kern County Employees Association, SEIU Local 700, dated January 23, 1984, extending an invitation to the Mayor and Council to attend their Installation Dinner at the Red Lion Inn on February 18, 1984, was received and ordered placed on file. Upon a motion by Councilman Barton, communication from the Downtown Business Association requesting permission to restore electricity to the evergreen trees on Truxtun Avenue, was received and referred to the Public Works Department. Upon a motion by Councilman Moore, communication from the Greater Bakersfield Chamber of Commerce, dated January 25, 1984, endorsing the support of the Chamber's Governmental Review Committee for the formation of a proposed Southeast Bakersfield Airport received and referred to the Growth and Development a report to the Council by the meeting of February Upon a motion by Councilman Christensen, communication from the Kern County Library, dated January 26, 1984, requesting Community Development Funds for restoration and preservation of the Baker Street Library, was received and referred to the Budget and Finance Committee. Bakersfield, California, February 1, 1984 - Page 3 Upon a motion by Councilman Payne, communication from Dale White, 7913 Gallup Drive, dated January 23, 1984, regarding Bakersfield in the 21st Century, specifically downtown redevelop- ment, was received and referred to the Growth and Development Committee for study and recommendation. COUNCIL STATEMENTS Councilman Ratty stated the Council has been operating under a different procedure for a number of months in regards to nominations of persons for appointment to City boards and commissicns and he feels a little cutoff from the process. It is not working to the benefit of the entire Council and suggested that all appointments be made through the entire Council, rather than through a committee, who, inturn, submits one or two nominees. Councilman Ratty stated af the next Council Meeting he will bring this matter up for a vote. Councilman Payne announced that he appointed Mr. Jim Burke, President of Jim Burke Ford, to the Screening Comm~ittee for the City Manager's position. Councilman Childs stated he agrees with Councilman Ratty regarding selecting people to serve on City boards and commissions through the committee process and he will probably suggest a substitute way to handle these appointments at the next Council Meeting. Councilman Childs announced that he appointed Mr. Tom Fallgatter, Attorney, to the Screening Committee for the City Manager's position. Councilman Christensen announced that he appointed Dr. John J. Collins, former President of Bakersfield College and Moor- park College, to the Screening Committee for position. Councilman Ratty announced that he F. to the City Manager's appointed Mr. Jerry Stanners, Chief Executive Officer of the Bakersfield Californian, the Screening Committee for the City Manager's position. 136 Bakersfield, California, February 1, 1984 - ]?age 4 Councilman Barton announced that he appointed Mr. Milton Younger, Attorney, to the Screening Committee for the City Manager';3 position. Councilman Moore announced that he appointed Mr. Rayburn Dezember to the Screening Committee for the City Manager's position. Councilman Rockoff announced that he appointed Mr. Ralph Prejean, retired from the Bank of America, to the Screening Com- mittee for the City Manager's position. Councilman Rockoff stated he objects to the appointment of Attorney Tom Fallgarter to the Screening Committee. Mr. Fall- garter is an honorable and knowledgeable person, however, he has a problem with the appointment of an Attorney who seems; to represent various clients before the Council and Planning Commission. He did not feel that occupation, as it is directed to the business of the City, through the Council and Planning Commission, is in line with the other persons who have been appointed to the Screening Committee. He voluntarily changed his appointment for what, he thought, was the overall good will of the Council. Councilmap Childs stated he nominated Attorney Fallgatter because of his vast experience. He has dealt with and understands many segments of the community, workings of a City Manager, workings; of a minority community and is well respected. He would not have appointed Mr. Fallgatter if he was not completely satisfied with his ability. Councilman Christensen stated when this matter was dis- cussed he expressed the hope that the seven person committee would represent practically every major segment of the City and County. He regrets that there are two Attorneys on the Screening Committee. Mayor Shell requested that the Council and staff investi- gate the feasibility of establishing a storefront field office on Lakeview Avenue. This field office would help, enormously, in fostering good relations between the City and people in the Lakeview area. There are special problems in this area that warrant special Bakersfield, California, February 1. 1984 - Page 5 137 attention from the City that should be faced by taking action to alleviate the problems. The field office could be used by Council- man Childs, Community Development Department and Police Department. Councilman Childs thanked the Mayor for realizing there are special areas in the City that have different needs than other areas. It would benefit that community and help alleviate some tensions between the Police Department a Police Officer needs to be out there, enforcement entity, but a communicator. and that community. He felt not necessarily as a law Councilman Childs stated he supports the idea presented by Mayor Shell. Councilman Rockoff stated he could support the field office with the idea there are special problems. He does not want the Council placed in a position where residents of other wards will feel there should be field offices for each ward. He felt that would be an unwarranted expense. As long as the people in the rest of the City realize there are special problems and this is being done to specifically alleviate those problems he would support the idea. Councilman Moore made a motion requesting staff to conduct a feasibility study regarding placing a field office in the Lake- view area and report back to the Council as soon as possible. In answer to a question by Councilman Ratty, Acting City Manager Russell stated there was a Police Officer stationed part- time in the Martin Luther King, Jr., trial basis and to his knowledge it because it was out of the immediate that program. Park Community Center on a was not successful, possibly, area. The City no longer has Councilman Ratty requested, in light of the former program, that the Mayor's suggested program be reviewed on a periodic basis to make sure it is effective and accomplishing what the Council thinks it should accomplish. Councilman Barton requested that Councilman Moore amend his motion to refer the issue of a field office in the Lakeview 138 Bakersfield, California, February 3, 1984 - Page 6 area to the Governmenta~ Efficiency and Personnel Committee to coordinate with staff in the feasibility study. Councilman Moore's amended motion that staff and the Governmental Efficiency and Personnel Committee conduct a feasibility study regarding a field office in the Lakeview area and, if imple- mented, that the program be periodically reviewed, was approved. Councilman Moore encouraged all Councilmen to partici- pate in the Tuesday, February 28, 1984, meeting in Sacramento with State Legislators regarding the Long-Term Stable City Government Financing. Upon a motion by Councilman Moore, the Legislative Committee was requested to review SB 1300, ~arks Bill, regarding Subvention and Long-Term Financing for Cities and come back to the Council with a recommendation. Councilman Rockoff read a news release from Police Chief Price regarding the crime statistics for 1983, as follows: For the third consecutive year total reported criminal offenses have decreased. In Part I Crime, which is used universally in reporting, the City of Bakersfield had a total reduction of ~1%. Uniform Crime Index, which reflects the rate of Part I Crimes to population, indicates the crime rate reduction of 14%. To put these statistics in a more meaningful perspective, in 1972 Bakersfield had a total criminal offense rate of ]50 offenses per 1,000 population. This rate was exceeded for nine consecutive years, reaching as high as 191 offenses per ],000 population. In 1982 we dropped to a ratio of 345 crimes per 1,000 population. This year the crime rate continued down to 128 criminal offenses per 1,000 popu-. lation. The lowest it has been in 11 years. The violent crime classification, which includes murder, robbery, rape and felony assault, was reduced by 15.7%. The property crime classification, which includes buglary, larceny and auto theft, was reduced by 10.5%. Special noteworthy is the amount of assistance and support the department has received from the community and different service organiza- tions that sponsor and promote programs, such as, Neighborhood Watch, Secret Witness and the like. Councilman Rockoff stated he feels the Council owes due recognition to the Police Department for making 1983 a year that has been safer than any of the past ll years. Bakersfield, California, February 1, 1984 - Page 7 Councilman Moore asked when the Council will receive information on the proposed Smoking Ordinance so they can answer questions of the public. Acting City Manager Russell stated the Auditorium and Community Services Committee will[ be meeting tomorrow at noon to review a Smoking Survey that was conducted and a report will be made from that survey. REPORTS Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 6-84 regarding Title Change from Assistant City Clerk to City Clerk, as follows: Attached to this report is a memorandum from Assistant City Clerk ~arguerite Anderson re- garding a title change to City Clerk. As pointed out in her memorandum, Mrs. Anderson has held the title of Assistant City Clerk for the past ten years as a result of the previous City Clerk's retirement. At that time, the Arthur D. Little Company did an in-depth study regarding the Clerk's Office and due to un- satisfactory results in recruiting a replace- ment for the retiring City Clerk recommended that the City Manager be appointed as official City Clerk. During the past ten years, Mrs. Anderson has continued her education by attending various public employee classes and seminars in order to increase her knowledge of election procedures and the daily operation of the City Clerk's Office. The Governmental Efficiency and Personnel Com- mittee has met with Acting City Manager Richard Russell and the City Attorney in regards to this matter. Since Mrs. Anderson now holds all of the necessary qualifications for the City Clerk's position and nearly every City in the State has an appointed or elected City Clerk, we are of the opinion that this.situation should be rectified. We are, therefore, recommending Council approval of the title change of Assistant City Clerk to City Clerk and approval of the job specifications. The salary for this position is not an issue and wi~l remain the same. Also, the other positions in the City C~erk's Office will be studied during regular salary negotiations. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 6-84 regarding Title Change from Assistant City Clerk to City Clerk, was accepted; title change from Assistant City Clerk to City Clerk and job specifications, were 140 Bakersfield, California, February 1, 1984 - Page 8 approved; and other positions in the City Clerk's Office are to be studied during regular salary negotiations. Councilman Payne, Chairman of the Governmental Efficiency and Personnel Committee, read Report No. 7-84 regarding Planning Commission and Citizen Auditorium Committee Appointments, as follows: The Governmental Efficiency and Personnel Committee has held several meetings regarding potential Board and Commission members. After considerable discussion relative to these appointments, we are now prepared to make the following recommendations: Citizens Auditorium Committee Vacancy Mr. Kay Madden - Mr. Madden was originally considered for the Planning Commission; how- ever, due to the nature of his work, he was concerned about a possible conflict of interest and therefore withdrew his resume. His responsibilities on the Citizens Auditorium Committee would not be in conflict, and he has agreed to serve in this capacity. Mr. ~adden has been very active in community affairs, and we feel he will be a welcome addition to this Committee. Planning Commission Vacancy As the Council is aware, there is presently one vacancy on the Planning Commission. This; Committee has held interviews and reviewed resumes of approximately seventeen potential commissioners to fill the term of James Redstone, which expires April 17, 1985. We have narrowed the field to two candidates for the Council's consideration, which are as follows: 1. Mr. Homer Montalvo - Mr. Montalw~ is presently employeed as an Associate Dean of Admissions and Records at Cal State Bakersfield. He has been very active in community affairs, having served on nine different voluntary boards and commissions since 1969. Based on his qualifications, we feel that he would be a competent replacement on the Planning Commission. 2. Mr. Bruce Nybo - Last month the Govern- mental Efficiency and Personnel Committee informed the Council of its intention to recom- mend Mr. Bruce Nybo to the Planning Commission. Prior to this recommendation being acted upon by the Council, we learned that Mr. Nybo was not a City resident as we had been led to believe. Therefore, his name was dropped as a potential commissioner. Since that time, we have learned that he has moved inside the City limits and is still interested in serving Bakersfield~ California, February 1, 1984 - Page 9 1.41 on the Planning Commission. We would, therefore, resubmit the name and resume of Bruce Nybo as a second candidate for the Planning Commission. Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 7-84 regarding Planning Commission and Citizens Auditorium Committee Appointments, was accepted. Upon a motion by Councilman Childs, Mr. Kay F. Madden, 3701 Lillian Way, was appointed to fill a vacancy on the Citizens Auditorium Committee, term expiring January 3, 1987. Councilman Ratty stated if the Council decides to return to the former method of electing members to the various boards and commissions the procedure would he that nominations will be made at the next Council Meeting and voting would take place the following Council Meeting. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3287 to 3599, inclusive, in the amount of $852,617.34. (b) Claim for Damages from David A. Creason, 5505 Dustin Street, Bakersfield. (Refer to City Attorney) <c) Claim for Damages and Personel Injuries from Clem Levon Dixon and Ethel Mae Dixon, 416 South "N" Street, Bakersfield. (Refer to City Attorney) (d) Claim for Personal Injuries from James Earl Harris, 34 South Orange Street, Bakersfield. (Refer to City Attorney) (e) Claim for Persona] Injuries from Geraldine K. Roberts, 810 Owens Street, Bakersfield. (Refer to City Attorney) (f) Claim for Damages from Elizabeth Ann Word, 4605 Glengary Place, Bakersfield. (Refer to City Attorney) (g) Claim for Damages and Personel Injuries from Eva Gonzales, 1330 Eureka Street, Bakersfield. (Refer to City Attorney) (h) Public Road Easement from Tenneco Realty Development Corporation for west half of Old River Road between Ming Avenue and White Lane, as required by the Planning Commission for development in the south.- west area; and Grant Deed from Tenneco Realty Development Corporation as required for a drainage basin located northwesterly of California Avenue and Easton Drive intersection. 142 Bakersfield, California, February 1, 1984 - ])age (i) Map of Tract No. 4632 and Improvement Agreement with Tenneco Realty Development Corporation for construction of improve- ments therein, located on the east side of Wilson Road between Planz Road and White Lane. (j) Map of Tract No. 4655 and Improvement Agreement with Bakersfield Division of U. S. Home Corporation for construction of improvements therein, located north- easterly of the intersection of White Lane and Stine Road. (k) Notice of Completion and Acceptance of Work on Engineered Metal Building for Pumping Station No. ]2, Contract No. 83-153 with Klassen Corporation. (i) Application for Encroachment Permit from Mercy Hospital, 2215 Truxtun Avenue, for construction of 8 inch high planters along back of sidewalk on the northwest corner of Ashe Road and Nottingham Lane. (m) Application for Encroachment Permit from Carosella-Dunbar-Williams, P.O. Box 1106, Bakersfield, [or construction of decorative planters, 6 inches high by 4 feet square, and a door swinging into the right-of-way. Encroachments would be a minimnm of 10 feet behind adjacent curb on 25th Street at 900 - 24th Street. (n) Plans and Specifications for construction of curb, gutter, wheelchair ramps and driveway approaches on the east side of King Street, from Brundage Lane to Virginia Street, a Community Development Project. (o) Plans and Specifications for resurfacing portions of South Chester Avenue from Brundage Lane to the Kern Island Canal, South "P" Street from Belle Terrace to the Kern Island Canal, and Planz Road from McCourry Street to Wible Road. (P) Plans and Specifications for Traffic Signal Modifications on Eye Street at 17th and 18th Streets, and 19th Street at "M" and "N" Streets. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p) of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore. Payne Absent: None Bakersfield, California, February l, 1984 - Page ACTION ON BIDS Upon a motion by Councilman Payne, low bid ef E & S Electrical Construction, in the amount of $186,438, for Traffic Signal System at White Lane and Akers Road, White Lane and Ashe Road, and Planz Road and Wible Road, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Childs, low bid of Motor City Sales, in the amount of $16,463.98, for a Four Wheel Drive Vehicle for the Police Department, was accepted and the other bid rejected. Upon a motion by Councilman Christensen, low bid of Mical Associates, in the amount of $10,362.67, for Corrugated Metal Pipe, was accepted and the other bid rejected. Upon a motion by Councilman Ratty, low bids of Helena Chemical (one item), in the amount of $3,762.10, Wilbur-Ellis Co. (one item), in the amount of $5,406, Abate-A-Weed (one item), in the amount of $129.79, and Target Chemical (one item), in the amount of $3,582.80, were accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2896 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municlpal Code ch~nging the Land Use Zoning of those certain properties in the City of Bakersfield located on the southeast corner of 40th and "Q" Streets. and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Owen J. Sullivan and would change subject properties from an R-2-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a P.U.D. (Planned Unit Development) Zone, consisting of 60 apartment units located in four, two-story structures with common recreational facilities as per General Plan Amendment, Segment II. The Planning Commission recommended approval of this amendment. 144 Bakersfield, California, February l, 1984 - Page 12 Ayes: Noes: Absent: Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2896 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 southeast corner of 40th and "Q" Streets, 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: Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Councilmen None None Deferral of action on an Ordinance of the Council of the City of Bakers- field 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 White Lane, west of South "H" Street, north of Pacheco Road, east of Hughes Lane and the southeasterly right-of-way line of the Southern Pacific Railroad. The application for this amendment was made by Atlantic Richfield Company (ARCO), and would change subject properties from an M-1-D (Light Manufacturing - Architectural Design) Zone to an R-1 (One Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-O (Commercial and Professional Office), C-1 C-2 (Commercial) and "A" (Agricultural) Zones, Amendment, Segment IV. Council's (Limited Commercial), as per General Plan First reading was given this ordinance following the approval of Segment IV of the General Plan Land Use Element Amendment 2-83 on January 18, 1984. Staff's recommendations included conditions to be imposed by the Planning Commission and to be satisfied before the ordinance would be presented to the Council. As the Council, not the Planning Commission, imposed the conditions in approving Segment IV, the conditions have not yet been satisfied. Consequently, the second reading should be continued until February 22, 1984, when the conditions will have been fulfilled. Bakersfie]d, California. February l, 1984 - Page 13 145 Upon a motion by Councilman Barton, action on 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 White Lane, west of South "H" Street, north of Pacheco Road, east of Hughes Lane and the southeasterly right-of-way line of the Southern Pacific Railroad, was deferred until the Council Meeting of February 22, 1984, by the following roll call vote: Rockoff. Barton, Childs, Christensen, Payne Ayes: Councilmen Ratty, Moore, Noes: None Absent: None Adoption of Ordinance No. 2897 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 between 38th and 40th Streets and botween "K" Street and Jewett Avenue. The application for this amendment was made by Tim Gannon and would change subject properties from an M-1-D (Light Manu- facturing - Architectural Design) Zone to an R-3 (Limited Multiple Family Dwelling) Zone. as per General Plan Amendment, Segment V. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2897 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 between 38th and 40th Streets and between "K" Street and Jewett Avenue, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Noes: None Absent: None Ratty, Rockoff, Barton, Childs. Christensen, Moore, Payne 146 Bakersfield, California.. February ], 1984 - Page 14 NEW BUSINESS Approval of Proposed Negative Dec- laration on City of Bakersfield sale of approximately 72.5 acres of Municipal Farm property located on the east side of Mr. Vernon Avenue approximately 1,000 feet south of State Highway 58. The City Council approved the sale of up to 80 acres to the Kern High School District for development of a Vocational Agricultural Training Center on September 28, 1983, and directed the City Attorney to prepare the appropriate sale documents to be returned to the Council for approval. Such documents are being finalized with the School District and the City Sewer Farm lessee. The City Planning Commission found the disposition of the property to be consistent with the City's General Plan as required by Government Code Section 65402(a) on January 29, 1984. An Initial Study has been prepared and a Proposed Negative Declaration advertised on the proposed sale. Upon a motion by Councilman Childs, Proposed Negative Declaration on City of Bakersfield sale of approximately 72.5 acres of Municipal Farm property located on the east side of Mt. Vernon Avenue approximately 1,000 feet south of State Highway 58, was approved by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen, Moore, Payne Noes: None Absent: None HEARINGS This is the time set for public hearing before the Council on an Appeal by Maurice Cotton to the decision of the Board of Zoning Adjustment denying his application for a Condi- tional Use Permit to allow a used automobile sales lot and an automobile tune-up shop with safety inspection service in a C-] (Limited Commercial) Zone, on that certain property commonly known as 631 Bernard Street. Bakersfield, California, February l, 1984 - Page 147 This hearing was duly notified as persons: pation. advertised and the property owners required by law. Letters of opposition were received from the following Ruth V. and Phillips Dunford, M.D.s 614 Bernard Street Kenneth and Mildred UpdeGraff 631 Knott Street Charlotte Lammers 601 Knott Street A. R., Marie F. and Elma M. Quiring 612 Bernard Street Helen Mellas Smith 720 Grace Street Forrest B. Thornberry 712 Bernard Street Edwin R. and Eleanor R. Nelson 608 Grace Street Kathy Dumble 617 Grace Street Mayor Shell declared the hearing open for public partici- Mr. Maurice Cotton, applicant, stated when he applied for this permit no one seemed to feel there would be a problem. He was encouraged by some of the neighboring property owners and obtained signatures of business owners in the area stating they would welcome new business to the area. In the beginning he was only going to start a used car lot. His company is primarily a wholesale organization and they deal between dealerships. In order to do this and comply with State law the business owner must have a sign, office and display area. He purchased this property because it is small. He approached the neighbors and they were pleased because it might increase the value of their property. Mr. Cotton submitted a petition containing 7 signatures of persons who do not oppose the granting of the Conditiona] Use Permit, if he does not use the property for anything but the display and sale of automobiles and that no repairs be made at that location. The idea Bakersfield, California, February 1, 1984 - Page 16 for the repair portion of the application came from a Planning Department employee and it was added to the application. Mr. Cotton, in answer to the objections from neighbors, stated this is not, predominately, a residential neighborhood, there would not be any more noise than there is presently, and it would not in- crease traffic to any great extent. The cars sitting on the lot would not create noise, no repairs to the cars would be made on that property, his inventory is not large and he would like to be a good neighbor. Most of his business takes place at out of town auction sales and his hours are usually 10:00 a.m. to 5:00 p.m. on weekdays. Mr. Cotton requested that the Council grant the Condi- tional Use Permit. Mr. William Seckler, 1405 White Lane, #41, stated he has known Mr. Cotton for a number of years and has seen the type of business he had on Chester Avenue and what he said is true. He runs a small quiet operation with very little traffic. Mrs. Hulda Magnus, 2001 Baker Street, stated the neighbor-q hood is, basically, a residential area and she did not feel the property in question is the proper place for the type of business Mr. Cotton wants to put on it. Jan Hardy, property owner at 716 and 718 Grace Street, speaking in opposition, stated she ['elt the traffic generated by the business would be a detriment to the neighborhood. Mr. Melvin Magnus, 2001 Baker Street, speaking in opposition, stated he felt the property is too small for the type of business Mr. Cotton is requesting, no off-street parking has been required and it would be detrimental to the area because of additional traffic. Mr. Magnus read a letter from Kathy Dumble, 617 Grace Street, opposing the granting of the Conditional Use Permit and requesting that it be denied. Mr. Joe McFadden, 2000 Baker Street, presented a letter and photographs from Russel Jennings, owner of The Photog, 1929 Baker Street, expressing his opposition to the granting of the Conditional Use Permit. Bakersfield, California, February l, 1984 - Page 149 Mr. Bill McCalla, property owner at 623 Grace Street, urged the Council to deny the requested Conditional Use Permit, because he does not want to see heavier commercial use in a Zone that is predominately residential and light commercial. He felt there are other areas in the City where Mr. Cotton's business can be properly located. Mrs. Jane ~cFadden, 2000 Baker Street, opposed the Conditional Use Permit because of the hazards to her family. Due to the possibility of combustion from gasoline it creates a hazard to their caretaker's residence. A~] of their bedroom windows are on the same side as this lot and exhaust, gasoline and oil fumes would drift into their house and the children's play area. There is a blind exit from the eastern portion of the property and pedestrians cannot be seen by exiting cars. She felt the used car lot would affect their way of life and requested that the Conditional Use Permit be denied. Mr. Kenneth UpdeGraff, 631 Knott Street, speaking in opposition, stated he believes the property is so small that it is not a feasible site for a used car lot. There are no curbs and gutters on the Bernard Street side and if they are put in it would make the property smaller. The western end goes down to a point where it is not of any use whatsoever. He felt Mr. Cotton should have made a survey regarding the property before he purchased it. Elma Quiring, 612 Bernard Street, stated they have a lot of parking, however, the two doctors next door take all of the spaces on Bernard Street and even block their driveway. The ,~octors' employees park on the property in question. If this is granted will only add to the traffic problems. it Charlotte Lammers, 601 Knott Street, speaking in opposition, stated she loves her home and wou~d not like to see a used car lot on such a small piece of property like the one in question. No further protests or objections being recelved and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. 150 Bakersfield, California, February ]., 1984 - Page 18 Upon a motion by Councilman Christensen, application of Maurice Cotton for a Conditional Use Permit to allow a used auto- mobile sales lot and an automobile tune-up shop with safety inspection service in a C-1 (Limited Commercial) Zone, on that certain property commonly known as 631 Bernard Street, was denied by the following roll call vote: Ayes Councilmen Ratty. Rockoff, Barton, Childs, Christensen, Moore, Payne Noes None Absent: None ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 9:35 P.M. MAYOR of the. ~City of B~kersfield, Calif. ATTEST: Ci~¥ CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma Bakersfield, California, February 8, 1984 151 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 8, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Tom Martin of the First Assembly of God Church. The City Clerk called the roll as follows: Mayor Shell. Councilmen Rockoff, Barton, Childs, Present: Absent: Christensen, Moore, Payne, Ratty None Minutes of the special meeting of January 23. 1984, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Gary Dorsey, 301 Swan Court, stated he is repre- senting six homeowners on Quailwood Drive, who are concerned because construction has begun on multi-family units ten feet from their property lines. They are concerned that their privacy will be invaded by windows that look out onto their back yards, there will be a loss of sunlight and depreciation in the value of their property. When the grading first started the property owners met with representatives of the Planning Commission and expressed their concerns. No satisfaction came from that meeting and, therefore, they are present tonight to request the Council's moral support and assistance. Mr. Dorsey asked the Council to address this problem, not only for the Quailwood property owners, but For all property owners in the City of Bakersfield. lie stated the property owners are asking Mr. Hardt's consideration in relocating the one- story units from the entrance on E1 Rio Drive to the area behind their property, where the two-story units are planned, and that construction be stopped until there is consideration given the changes requested. Councilman Ratty stated he has visited the property and there is no question of the inequity that is taking place. This 152 Bakersfield, California, February 8, 1984 -:Page 2 has been an ongoing problem and he would like to refer the issue to the Planning Commission and request permanent setbacks when an R-2, two-story property does not have a setback. He would also like the Council to go on record in support of these property owners and request Mr. Hardt to reduce or change his plans to the extent that this property will have a one-story dwelling buffering the property or a setback of a decent nature. He understands Mr. Hardt is legally within his rights and has a Building Permit, but that does not take away the insensitivity of the architect who drew those plans and setup that project. In answer to a question by Councilman Payne, Mr. Dorsey stated the property owners were not notified of the proposed development. It was his understanding that Mr. Hardt thought the property owners had been notified. A meeting was held with repre- sentatives of the Planning Commission, bnt nothing was resolved. Mr. Hardt's architect advised him not to change his plans for this project. In moving the one-story units from the entry of Quail- wood to behind their property line, Mr. Hardt would loose two units and, therefore, would not consider that change. In answer to a question by Councilman Payne, City Attorney Oberholzer stated the Planning Commission would have no authority in this issue. Once a Building Permit has been issued~ the developer has a vested right to proceed with the project and any action by a governmental entity could involve damages that that particular developer could assess. He felt it was Councilman Ratty's intention to refer the ordinance back to the Planning Commission. The ordinance provides that, if there are multi-family dwellings with windows next to a residential area, they must be architecturally screened, if they are within a certain distance of the property line. That is the only restriction that he knows, of with respect to adjoining multi-family and single-family dwellings. In answer to a question by Councilman Payne, City Attorney Oberholzer stated the Council cannot change the ordinance and make Bakersfield, California~ February 8, 1984 - Page 3 for Council to request cerned property owners resolve this situation. it retroactive. There is nothing this Council can do to help these property owners, other than give moral support. In answer to a question by Councilman Christensen, Fire and Development Services Director Needham stated this type of situation was discussed at length during the ZORAC Committee meetings, who recommended a set of policies, which were adopted by the Planning Commission and Council by resolution. This issue was a major con- cern at that time. The option was not to require further setbacks and single-family dwellings on R-2 property next to single-family dwellings in R-1 Zones, but to screen using different treatment of windows, depending on the line of sight and height of windows. Councilman Christensen stated he supports Councilman Ratty's motion to change the ordinance. In answer to a question by Councilman Rockoff, Fire and Development Services Director Needham stated this is a Class B Sight Plan Review Project. There was notification when this property was zoned, but notification is not required on this project. Councilman Payne asked if it would be improper or illegal a meeting between the Planning staff, con- and the developer in an attempt to voluntarily City Attorney Oberholzer stated there would be nothing illegal in such a request, but City staff has no authority to impose anything upon the developer. In answer to a question by Mayor Shell, City Attorney Oberholzer stated he did not know of a State law shielding property from the sun. He stated, since the developer has a Building Permit, he would assume the Building Department looked into that when they issued the Building Permit. After a lengthy discussion, Councilman Ratty requested Mayor Shell and staff to ask Mr. Hardt, his architect and the property owners to meet with them and express the City's unhappines:~ with this situation and use whatever moral guidance possible to have it changed for the property owner's benefit. 154 Bakersfield, California, February 8, 1984 - Page 4 Councilman Ratty made a motion that the matter of two- story walls next to R-1 dwellings be referred to the Planning Commission for a change in the ordinance, so that this type of situation will not happen again, and that the solar access in this particular project be checked. This motion was unanimously approved. CORRESPONDENCE Upon a motion by Councilman Payne, communication from the Greater Bakersfield Chamber of Commerce, dated February 2, 1984, regarding Sacramento Legislative Trip, was received and ordered placed on file. Upon a motion by Councilman Moore, communication from Kern River Parkway Committee, P. O. Box 1861, dated February 8, 1984, requesting conditional approval of tree planting project along the Truxtun Avenue Extension/Bike Path and Kern River com- mencing on February 11, 1984, was received and approval granted. COUNCIL STATEMENTS Councilman Ratty requested that Mr. Thomas Fallgarter, Attorney for Mr. Hardt, use his moral persuasion on Mr. Hardt to express the Council's displeasure with the way the architect drew the plans, the way it is being built, and that he use his influence to have it changed for the betterment of the community. Councilman Ratty made a motion that the process of nominations for commission and board members be changed back to the old method of individual Councilmen making nominations, rather than passing them through a committee for recommendatien back to the entire Council. Councilman Payne stated he had no objections and doubted any of the committee members had any objections to relinquishing this time consuming responsibility. However, he is concerned that the Committee report that has been made to the Council and accepted at a previous meeting has not yet been acted upon. Councilman Christensen stated he has no objections to the motion, but hoped it would be returned to the process where each Bakersfield, California, February 8, 1984 - Page 5 Councilman had the opportunity to nominate an individual, rather than letting one individual nominate two or three members to a commission. By screening the nominees, it was an attempt to do it fairly and bring several alternatives to the Council. Upon a motion by Councilman Ratty, the process of nomi- nating members of boards and commissions returned to the method, whereby, whole, instead of call vote: Ayes: Councilmen Noes: Councilmen Absent: None Councilmen will make a committee, nominations to the Council as a was approved by the following roll Rockoff, Barton, Moore, Ratty Childs, Christensen, Payne Councilman Ratty nominated Mr. Timothy P. Sullivan, P. O. Box 5007, Bakersfie]d, to fill a vacancy on the Planning Commission. Councilman Childs nominated Mr. Homer Montalvo, 6000 Friant Drive, to fill a vacancy on the Planning Commission. Councilman Rioore nominated Mr. Bruce Nybo, 21425 Branch Creek Street, to fill a vacancy on the Planning Commission. Councilman Rockoff nominated Mr. George J. Lusich, 3500 Akers Road, No. 59, to fill a vacancy on the Planning Commission. In answer to a question by Mayor Shell, Councilman Ratty stated each of the above names have been submitted to fill one vacancy on the Planning Commission, term expiring April 17, 1985~ and the Council will vote on fhat appointment at the next Council Meeting. Councilman Childs stated that at the time of the hearing for rezoning of Census Tract 22 he plans to ask the Council to reject it and he will present another proposal at that time. In answer to a question by Councilman Moore, Fire and Development Services Director Needham stated there is a meeting set with the State on February 14, 1984, to orchestrate a drill. He is trying to set a date for a seminar for staff and Council regarding the Emergency Manual and Operation Procedures and Earth- quake Drill, prior to such a drill, and will report back to the 156 Bakersfield, California, February 8, 1984 - Page 6 Council after the meeting on February 14, 1984. He also stated a draft of the new Emergency Operations Manual will be sent to the printer next week and available £or constructive criticism. It has been changed considerably in respect to the old manual. There is a specific layout of everyone's responsibilities. Upon a motion by Councilman Moore, Assembly Bill 2468 and ACA 54, by Assemblyman Cortese, were referred to the Legislative Committee for study and recommendation. Mr. Thomas Fallgarter, Attorney, stated, because his name was brought up in relation to the Quailwood Neighborhood dispute, he would like to clarify the record. He lives in the Quailwood area, is a friend of the property owners here tonight, and was contacted by them. While he was on the Planning Commission he voted against the change that now allows no notification to the property owners of a proposed development of this type, and that Councilman Ratty voted in favor of the proposed change. He supports Councilman Ratty's suggestion that this ordinance be changed, so this type of situation does not occur again. REPORTS Councilman Ratty Chairman of the Intergovernmeptal Relations Committee, read Report No. 1-84 regarding approval of a Joint City/County Fair Housing Program and Task Force, as follows: Over the past several months the City and County Community Development Program Depart- ment staff have been working on a Fair Housing Program which would affirmatively further fair housing by working towards eliminating dis- crimination in access and occupancy of housing. We cannot report that all who have participated in the process agree with the recommendations; which have been arrived at. In appears, how-- ever, that proceeding with the essential elements of the proposal now is the optimal first step to further progress. This request is for Council approval of the implementation of the Fair Housing Program and formation of a Fair Housing Task Force. The proposed program contains specific activities which will be carried out by City and County staff. They consist of education, referral services, coordination, and counseling. City Bakersfield. California, February 8, 1984 - Page 7 157 and County Community Development staff will implement the program in their respective juris- dictions for the time being, using existing Community Development office spaces and phone numbers. The second aspect of the proposal is the establishment of a Fair Housing Task Force. It is proposed to be made up of twenty-one representatives of organizations which have an interest in, and commitment to, fair housing. Its objectives are: to promote understanding and open communication on fair housing; to monitor, evaluate and make recommendations to public and private organizations with an interest in fair housing; and to report to the public and officials progress in fair housing in our community. The Task Force, in response to public input, is specifically directed to recom- mend a method to implement mediation and testing services, and to report on potential sources of funding for future activities. The City and County staff will jointly provide essential support to the Task Force in carrying out its work. The Fair Housing Task Force membership itself has been reviewed and amended by the Inter- governmental Relations Committee in response to public input. We recognize that not every organization may be interested in participating. Therefore, it may be necessary to go back to the Committee, City Council and Board of Supervisors for revisions. Funds are available in the existing Community Development budget to under- take the program. We anticipate contracting with an organization such as the San Fernando Valley Fair Rousing Council for training of staff. This will require development and execution of agreement. Therefore, it is recommended that the Council: 1. Approve the Fair Housing Program in its amended form. Authorize the City of Bakersfield Community Development Department to implement the activities in coordination with the Kern County Community Development Department. Authorize the Community Development staff to proceed with contacting the organizations proposed for the Task Force, to work with the Intergovernmental Relations Committee to resolve any membership problems that may arise, and to bring to the City Council the list of specific individuals nominated for membership. Authorize the Community Development Coordinator to make arrangements f'or training of staff with one or more qualified organizations and to execute agreements, not to exceed a total of $400.00. 158 Bakersfield, California, February 8, 1984 - Page 8 Councilman Ratty made a motion to accept Intergovern- mental Relations Committee Report No. 1-84 regarding Approval of a Joint City/County Fair Housing Program and Task Force and approve recommendations as outlined in the report. Councilman Christensen stated he has had a special request from the United Communities Coalition to delay action on this report for one week. He read a portion of a letter from the United Communities Coalition, on behalf of the minority community in the City of Bakersfield, County of Kern. formally requesting that the Department of Justice, Housing and Civil Enforcement Section of the Civil Rights Division take the action necessary to force the City and County to implement a Fair Housing Program. He felt it was the United Communities Coalition's contention that the Fair Housing Program has not moved rapidly enough. In answer to a question by Councilman Christensen, City Attorney Oberholzer stated he sees in the letter a direct or in- direct threat of litigation with respect to the program, the City and County want to implement. He felt the United Communities Coalition, City and County are trying to achieve the same goals, but this particular organization feels the means should be differen~ than that being uti]ized by the City. There have been a number of hearings regarding this program. Councilman ~oore stated than when the Intergovernmental Relations Committee met, just a little over a week ago, the President of the United Communities Coalition was in attendance and did not indicate this litigation was in the offering or that there was any problem. He did make a recommendation that two other organizations be added to the task force, which the Intergovernmental Relations Committee agreed to. Councilman Moore recommended that the Council continue as the Intergovernmental Committee suggests and establish a task force. Councilman Ratty stated he can see no reason for delay. The format answers the problem and satisfies the Housing and Bakersfield, California, February 8, 1984 - Page 9 59 Enforcement Division of the State and Federal Government. Mr. Stan Grady, Co~nunity Development Coordinator, has been in contact with that agency and they have no objections to this program, and, therefore, he recommends going ahead with the recommendations. Sister Lenoore Green, United Communities Coalition, stated that when one person from their organization was invited to the Intergovernmental Relations Committee meeting, it was stated, at that time, the Coalition is made up of a variety of groups and~ therefore, one person could not represent everyone. A number of questions were presented to the Council and Board of Supervisors at that meeting. She asked if the proposal tonight is the same one presented at that meeting. If there have been any changes, the Coalition ~s asking for a one week delay to look over the proposal. Councilman Ratty stated that the United Communities Coalition has been notified of all meetings, the only change was the two members of the committee. There has been a public hearing and opportunity for input. Upon a motion by Councilman Ratty, Intergovernmental Relations Committee Report No. 1-84 regardin~ Approval of a Joint City/County Fair Housing Program and Task Force, was accepted: and recommendations as outlined in the report were approved, by the following roll call vote: Ayes: Councilmen Rockoff, Noes: Councilmen Childs, Absent: None Community Ordinance, Barton, Moore. Payne, Ratty Christensen Councilman Christensen, Chairman of Services Committee, read Report No. as follows: On June 8, 1983, Councilman Christensen proposed an ordinance similar to one recently approved by San Francisco which would ban cigarette smoking in work places where satisfactory smoking policies do not exist. The Council referred this matter to the Auditorium and Community Services Committee for further study. the Auditorium and 1-84 regarding Smoking Bakersfield, California, February 8, 1984 - Page 10 During the past seven months, this Committee has worked with Dr. Phil Paris of Cal State Bakersfield in conducting a smoking survey in various work locations throughout the community. This survey was coordinated through the efforts of the American Society of Personnel Adminis- trators and the American Management Society. Survey results are attached to the report. Since the subject matter is controversial, we have asked Dr. Paris to g~ve an oral report tonight to the entire Council. At the con- clusion of his report, the Council can then act upon Councilman Christensen's proposed ordinance. A draft copy of the ordinance is also attached to the report. Dr. Phil Paris gave an oral report on the survey conducted on behalf of the City of Bakersfield. He stated the survey reached approximately 8% of the work force in Metropolitan Bakersfield, which is approximately ]2,000 people. Two-thirds of the respondent:s were nonsmokers, which corresponds with the national average. In terms of the sample, it approximated the national figure. Covering in broad prospective what the survey appears to indicate. 82% of the respondents were in favor of designated smoking areas. More than one-half felt this determination should be made by the employee and employer. The most controversial part of the survey dealt with Question No. 7, which attempted to find out three avenues or areas of recource in terms of designated areas for smoking. Six percent of the respondents felt court action was the most appropriate remedy of solving the problem of smoking or nonsmoking in the workplace; ~2% felt the employee should have a recourse to the City; and 80% felt the individual employee should ask management to designate smoking areas in the work place. There are broadly defined or analysed characteristics of responses to the survey. The survey does comply with statistical and sampling survey techniques in terms of having an 8% response rate, which is an appropriate size for the amount of people in the work force in Metropolitan Bakers- field. debt of this survey. Councilman Rockoff stated he wished to extend the Council's gratitude to Dr. Paris for the hours he put into working on All work was done on a volunteer basis. Bakersfield, California, February 8, 1984 - Page 11 161 In answer to a question by Mayor Shell, Dr. Paris indicated the ]2,000 work force number is for priave businesses within the Metropolitan Bakersfield area and excludes government employees. Mr. Wayne Kimura, Personnel Director for Sun World, stated his company has taken affirmative action relative to smoking. The following persons spoke in support of the Smoking Ordinance: MS. 34th Street Dr. Charles Ostrander, Allergist, 2121 17th Street Mr. Michael Foster Dr. Royce Johnson Mr. John Dover, 3535 Stine Road Ms. Jeanne Wallrath Ms. Nancy Burciaga The folloiwng persons spoke in Ordinance: Mr. Mr. Audrey Cochran, 7901 Shetland Street Marge Brenfell Ronald Reis, Speech Pathologist, 420 - opposition to the Smoking Jim Burgess, 1617 Oregon Street J. R. Smeed, ll4 Portales Real Councilman Christensen made a motion to adopt the Smoking Ordinance. Councilman Rockoff stated he is basing his decision on the results of the survey. The citizens of Bakersfield feel this issue should not be taken care of by government. It is an employee- management problem and should be taken care of at the work place. Based on the survey and what it seems to indicate, as far as Bakersfield is concerned, he would oppose the ordinance. Councilman Payne stated he is a smoker, but is very sympathetic to the nonsmoker. He does not fee] that government regulation is the answer~ but also does not believe business owners Bakersfield, California, February 8, 1984 -Page 12 and management will voluntarily address this issue unless there is some type of mechanism to entice them to comply. He is concerned with the way the survey was worded, but his major concern is with the way the ordinance is written. He does not believe the ordinance is enforceable. In answer to a question by Councilman Payne, City Attorney Oberholzer stated the Smoking Ordinance is enforceable, it is the same ordinance in effect in the City of San Francisco. It is enforceable by civil penalities of fines up to $500.00, which must be brought by the City Attorney or someone with authority to act on behalf of the people. It does not have criminal penalities. It would be a costly ordinance to enforce from the standpoint of work required to bring action against an employer. The City of Bakers- field has the authority and ability to regulate policies among its own employees, but does not have the authority to regulate the County, State or Federal governments. Councilman Payne offered a substitute motion that the Smoking Ordinance be referred back to the Auditorium and Community Services Committee, that information gained from tonight's meeting and questions asked be taken into consideration, an effort be made to rewrite the ordinance and make it interoretable and enforceable and it be resubmitted to the Council. If the substitute motion is not acceptable, the Council may wish to put a Smoking Ordinance on the ballot. Councilman Barton stated he could not support the ordinance the way it is written. He suggested that, possibly, one of the health organizations could assist employees in an advisory capacity in trying to deal with management. Councilman Childs stated, because of his past background, he could support the ordinance in concept, but this particular ordinance seems to be geared solely to the nonsmoking employee. Be supports Councilman Payne's subst~tute motion. Bakersfield, California, February 8, 1984 - Page 13 Councilman Ratty stated that he has regulated his office and no smoking is allowed. Councilman Barton's comments should be well taken and he would recommend appointing an ad hoc committee that could hear complaints and work with management to try to work out the problems. Councilman Christensen stated that government has a purpose to assist the people. If the Smoking Ordinance is referred to an ad hoc com~ittee it might as well be buried. He would rather see the Smoking Ordinance submitted to the e~ectorate for approval or disapproval. After a lengthy discussion, Councilman Payne's substitute motion that the Smoking Ordinance be referred back to the Auditorium and Community Services Committee, that information gained and questions asked at tonight's meeting be taken into consideration, an effort be made to rewrite the ordinance and make it interpretable and enforce- able was approved by the following roll call vote: Ayes Councilmen Childs, Moore, Payne, Ratty Noes Councilmen Rockoff, Barton, Christensen Absent: None Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 1-84 regarding Smoking Ordinance, was accepted. (NOTE: This action was taken immediately following the reading of Auditorium and Community Services Committe,z Report No. 2-84 regarding Portable Concession Stands in City Parks.) Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 2-84 regarding Portable Concession Stands in City Parks, as follows: The Auditorium and Community Services Committee met last week to discuss it request made by Robert Key to operate portable concession stands in Lowell and Saunders Parks. During this meeting, it was brought to our attention by the Public Works staff that there are presently six permanent concession stands operating in the City's 21 parks. The operating agreements which the City has with these concessionaires require them to construct their facilities, provide 164 Bakersfield, California, February 8, 1984 - Page 14 clean up of any debris disposed in the areas, and also provide liability insurance. If push-cart type vending or portable stands were allowed, many problems come to mind, which are outlined in the memorandum from Frank Fabbri, Parks Superintendent. This Committee discussed these issues in detail, and we were not able to arrive at any logical answers to these questions. The City Attorney's Office suggested that the City's liability would increase if we were to allow these operations on the streets or in the park driveways. The Public Works Director also informed us that he would not recommend approval of Mr. Key's request. Based on this information, the Auditorium and Community Services Committee is reco~m~ending that the City Council not approve Mr. Robert Key's request to operate portable concession stands in Lowell and Saunders Parks. Councilman Christensen made a motion to accept Report No. 2-84 from the Auditorium and Community Services Committee regarding Portable Concession Stands in City Parks. Mr. Henry ttamilton stated that for five years he has been running a catering truck, O'Henry's Bar-Be-Que and Mob~]e Kitchen, and has been stopping at Dr. Martin Luther King, Jr. and Lowell Parks in the afternoon. tie does not go into the parks, but provides curb side service. Approximately six weeks ago he received a letter stating it was illegal to park at the curb and sell his products. His truck must be parked 300 feet from the park. He asked the Council ~f there was a way he could continue selling in the parks. In answer to a question by Councilman Childs, City Attorney Oberholzer stated it is not unusual for someone to be violating a City ordinance, unknowingly, for a number of years. Once staff is aware of a violation, they cannot allow it to continue. The only way to allow Mr. Bami]ton to continue his operation of the catering truck at Lowell and Dr. Martin Luther King, Jr. Parks would be to change the ordinance. Councilman Childs made a substitute motion to refer the ordinance regarding this issue to the Auditorium and Community Services Committee for study and recommendation. Bakersfield, California, February 8, 1984 - Page 15 City Attorney Oberho]zer stated the ordinance allows individuals to contract with the City to operate concession stands in the parks, but it must be a permanent concession stand. In answer to a question by Councilman Payne, City Attorney Oberholzer stated the reasons behind the ordinance were to prohibit sales of items on the streets and to allow concession stands in the parks, whereby, the City collects revenues. To protect those con- cession stands, there is a limitation upon further sales within a perimeter of the park. Upon a motion to concession stands in by Councilman Childs, the ordinance pertaining the City parks was referred to the Auditorium and Community Services Con~ittee for study and recommendation. Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 2-84 regarding Portable Concession Stands in City Parks, was accepted. Councilman Barton, Chairman of the Growth and Development Committee, read Report No. 3-84 regarding Endorsement of a Proposed Southeast Bakersfield Airport District, for Formation as follows: This Committee believes the formation of the District to be beneficial for the economic development of the community and, therefore, recommends the City Council adopt a resolution endorsing the formation of the District through the Special Elect[on to be held on February 14, 1984. After a lengthy discussion, upon a motion by Councilman Ratty, Growth and Development Committee Report No. 3-84 regarding Endorsement for Formation of a Proposed Southeast Bakersfield Air- port District, was accepted. Adoption of Resolution No. 13-84 of the Council of the City of Bakers- field declaring its support for the formation of the Proposed Southeast Bakersfield Airport District. At the Council Meeting of February 1st, the Council received correspondence from the Bakersfield Chamber of Commerce regarding their endorsement for the formation of a proposed Southeast Bakersfield Airport District. 166 Bakersfield, California, February 8, 1984 - Page 16 Upon a motion by Councilman Ratty, Resolution No. 13-84 of the Council of the City of Bakersfield declaring its support for formation of the proposed Southeast Bakersfield Airport District, was adopted by the following roll call vote: Ayes Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Noes None Absent: None CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of C~aims Nos. 3600 to 3729, inclusive, in the amount of $392,498.22. (b) Claim for Damages from Sears, Roebuck and Company, 3001 Ming Avenue, Bakersfield. (Refer to City Attoriley) (c) DELETED (d) DELETED (e) Two Public Road Easements from Tenneco Realty Development Corporation providing public road right-of-way as required by the Planning Commission for Parcel Map No. 6132, located on the south side of Ming Avenue, west of Manning Street. (f) Flowage Easement from Richard Allen Whitlock, Debra Sue Whitlock, Joseph Panelli and Dorothy Ann Panelli, providing easement to accept drainage from adjacent public streets, located southeast of South Union Avenue and Planz Road. (g) Plans and Specifications for Communication Equipment Building to house radio equip- ment at the City of Bakersfield's communication site, located approximately 9 miles northeast of Bakersfield. (h) Plans and Specifications for replacement of Manufactured Electrical Panelboard for Ashe Water Pumplng Station No. 1. (i Plans and Specifications for construction of portions of Harris Road between Wible Road and Akers Road. (J Ditch Eradication Agreement and Pipeline. Easement with Renfrow, Inc., to fill in and eradicate 700' of open ditch and substitute a reinforced concrete pipeline along the same easement on Olive Drive west of Patton Way on Lot 27. (k DELETED Bakersfield, California, February 8, 1984 - Page 17 (i) Rescinding Improvement Agreement No. 81-96 releasing J. L. Den~o, Inc., from require- ments and provisions of the Improvement Agreement for Parcel Map No. 6023, dated July 1, 19S1. Upon a motion by Councilman Rockoff, Items (a), (b), (e), (f), (g), (h), (i), (j) and (1) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, usual bidding require- ments 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 Motorola Communications for three radio- communication dispatch consoles for the Emergency Operations Center, not to exceed the budgeted amount of $21,030. DEFERRED BUSINESS Adoption of Zoning Resolution No. 310 of the Council of the City of Bakers- field denying Appeal of Maurice Cotton from Board of Zoning Adjustment decision denying a Conditional Use Permit to allow a used automobile sales lot and automobile tune-up shop with safety inspection in a C-1 (Limited Commercial) Zone on that certain property commonly known as 631 Bernard Street. This resolution sets forth the decision of the City Council after public hearing on February 1, ]984, upholding the action of the Board of Zoning Adjustment in denying application of Maurice Cotton for a Conditional Use Permit. Upon a motion by Councilman Christensen, Zoning Resolution No. 310 of the Council of the City of Bakersfield denying Appeal of Maurice Cotton from Board of Zoning Adjustment decision denying a Conditional Use Permit to allow a used automobile sales lot and automobile tune-up shop with safety inspection in a C-1 (Limited 168 Bakersfield, California, February 8, 1984 - ]?age 18 Commercial) Zone on that certain property commonly known as 631 Bernard Street, was adopted by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Ayes: Noes: None Absent: None NEW BUSINESS First reading of an Ordinance amend- ing Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Denise Avenue and the easterly extension of Denise Avenue and northwesterly of the Carrier Canal. The application for this amendment was made by James L. Wattenbarger and would change subject properties from an R-S-2½-A- FP-S (Residential Suburban 2½ Acre Floodplain Secondary) Zone to an R-S-1-A-FP-S (Residential Suburban I Acre F}oodplain Secondary), or more restrictive Zone. The Planning Commission recommended approval of this amendment, subject to the condition that the owner of the property provide a deed restriction prohibiting further resubdivision of the property, as outlined in Planning Commission Resoltttion No. 92-83. The deed restriction has been recorded. First reading was considered given an Ordinance amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakers- field located south of Denise Avenue and the easterly extension of Denise Avenue and northwesterly of the Carrier Canal. 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 that certain property in the City of Bakersfield, commonly known as 4821 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with a P.C.D. Zone. Bakersfield, California, February 8, 1984 - Page 19 169 The application for this amendment was made by Ming Avenue Christian Church and would change subject property from a P.C.D. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone, which consists of two alternative plans. Plan No. 1 proposes a two-story office structure containing 74,375 square feet of floor area. Plan No. 2 calls for a one-story and a two-story office complex containing 66,941 square feet of floor area. The Planning Commission recommended approval of this zone change request, subject to 20 additions to Plan No. I and 20 additions to Plan No. 2, and made the findings delineated in Section 17.54.030 of the Municipal Code. 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 ~unicipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield~ commonly known as 4821 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. 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 City of Bakersfield located south of Panama Lane and west of South "H" Street, and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Magna Development Corporation and would change subject properties from an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) Zones to a P.U.D. (Planned Unit Development) Zone, consisting of 227 single family dwellings with a zero side yard setback on one side of each lot. The Planning Commission recommended approval of this zone change request, subject to 9 additions to the plan for Phase I and 18 additions to the plan for Phase 2, and made the findings delineated in Section 17.52.020 of the Municipal Code. 170 Bakersfield, California, February 8, 1984 - Page 20 First reading was considered givan 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 Panama Lane and west of South "H" in connection with a P.U.D. Zone. of Bakersfield located south Street, and making findings 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 that certain property in the City of Bakersfield, commonly known as 5101 Ming Avenue, approving the Preliminary Develop- ment Plan and making findings in connection with a P.C.D. Zone. The application for this amendment was made by General Savings and would change subject property from a P.C.D.. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone, consisting of a .16,176 square foot two-story office complex. The Planning Commission recommended approval of zone change request, subject to 23 additions to the plan. this and made 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 that certain property in the City of Bakersfield, commonly known as 5101 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with a P.C.D. Zone. Approval of Agreement with Linscott, Law & Greenspan, Inc., Engineers, to assist the City in establishing parameters requiring developers of Major Retail Projects to pay a pro- portionate share of the cost of off-site public facilities. This agreement provides the terms and conditions for this firm to assist the City in establishing the parameters requiring developers share of the cost of of Major Retail Projects to pay a proportionate off-site public facilities which are attributable the findings delineated in Section ]7.54.030 of the Municipal Code. Bakersfield, California, February 8, 1984 - Page 21 17! to such projects. The selection of this firm was approved by the Council on November 30, 1953. The maximum cost of the work is $6,000. Upon a motion by Councilman Barton, Agreement with Linscott, Law and Greenspan. Inc., Engineers, to assist the City in establishing parameters requiring developers of Major Retail Project to pay a proportionate sbare of the cost of off-site public facilities, was approved and the execute same. Mayor was authroized to Approval of Agreements with California Water Service Company for upgrading existing fire system at four locations within the Beale/Monterey Area (Census Tract 13), Phase I. Funds were designated in the 1983-84 Community Develop- ment the existing fire systems within the Beale/Monterey Area. Agreements will enable California Water to extend the .[ire at Block Grant Application to complete improvements :for upgrading These systems the following locations: 1. Miller Street near Quincy Street; 2. Miller Street between Kentucky/Lake Alley to Lake/Monterey Alley; 3.Robinson Street between Niles/Oregon Alley to Oregon/Pacific Alley; and 4. Alley bet~'een King and Beale and between Pacific and Quincy Streets. Because the improvements ~re to be made to California Water's system, as in the past, it is requested that the normal bidding procedures be waived. The Engineer's estimate for these improvements is $83,755, which is w~thin the amount budgeted. Upon a motion by Councilm;tn Christensen, usual bidding requirements were dispensed with. in accordance with Section 3.20.060 of the Municipal Code, and Agreements with California Water Service Company for upgrading existing fire system at four locations within the Beale/Monterey Area (Census Tra¢'t 13), Phase I, were approved and the Mayor was authorized to execute same. Bakersfield, California, February 8, 1984 - Page 22 Approval of Agreement between the City, Kern Union High School District and Gary Gatone for sale and use of a portion of the City's Farm near the intersection of Freeway 58 and Mr. Vernon Avenue. This agreement provides the terms and conditions for the sale and use by the High School District of a portion of the City's Farm near the intersection of Freeway 58 and Mt. Vernon Avenue. The sale of the property, consisting of approximately 72.5 acres, was approved by the Council on September 28, 1983. Upon a motion by Councilman between the City of Bakersfield. Kern and Gary Gatone, for the sale and use Christensen, Agreement Union High School District by the Itigh School District of a portion of the City's Farm near the intersection o[ Freeway 58 and Mt. Vernon Avenue, was approved and the Mayor was authorized to execute the agreement and Grant Deed. Approval of Third Amendment to Lease Agreement No. 78-165 between the City and Gary Garone for the Sewer Farm at Wastewater Treatment Plant No. 2. This agreement amends the lease with Gary Garone for the Sewer Farm at Wastewater Treatment Plant No. 2 to delete 72.5 acres and red~ce each semi-annual rent payment, reflecting the reduction of acreage. The acreage deleted from the Gatone Lease is the same acreage that is to be sold to the Kern Union High School District under the preceding agenda item. Upon a motion by Councilman Christensen, Third Amendment to Lease Agreement No. 78-165 between the City and Gary Garone for the Sewer Farm at Wastewater Treatment Plant No. 2, was; approved and the Mayor was authorized to exe~ute same. In answer to a question by Mr. Norman Walters, 3301 Dwight Street, City Attorney Oberholzer stated the Agreement between the City and Truxtun Tower Associates for parking spaces was deleted from the agenda tonight. Truxtun Tower Associates are the new owners of the Bank of America Building. The previous ewners of the Bank of America Building had an agreement with the City oF Bakersfield Bakersfield, California, February 8, 1984 - Page 23 to lease spaces on "H" Street. The new owners no longer wish to pursue a lease agreement with the City of Bakersfield. Approval of request from Bakersfield Neon Sign Company lo install a sign 73 feet in height on the property at the northwest ~orner of Oak Street and Chester Lane. All freestanding signs exceeding 50 feet in height require approval of the City Couucil. The proposed sign is 73 feet high and is oriented to Freeway 99. The area of the sign is 128 square feet. The Sign Ordinance a~lows a sign 240 square feet in area in this zone. The property is developed with a mini-market and gasoline service island. The requested sign (Exxon) would identify the service is]and. The Council has approved several signs exceeding 50 feet in height in this area. After a lengthy discussion, Upon a motion by Councilman Ratty, request from Bakersfield Neon Sign Company to install a sign 73 feet in height on the property at the northwest corner of Oak Street and Chester Lane, was approved by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Payne, Ratty Noes: None Absent: None Childs, Christensen, Moore, This is the time for the purpose of hearing Bakersfield iniitated change to the zoning boundaries affecting those certain properties in the City of Bakersfield in the Lake- view Neighborhood located south of East Calif'ornia Avenue, east of Madison (King) Avenue, north of Brundage Lane, west of Southern Pacific Railroad. This hearing has been duly advertised and the property owners notified as required by law. ttEARINGS set for public hearing before the Council any evidence for or against the City of 174 Bakersfield, California, February 8, 1984 - Page 24 On August 27, 1983, this hearing was deferred by the Council until November 16, 1983. On November 16, 1983, this hearing was deferred for 90 days. Letters of opposition have been filed by the Bakersfield Board of Realtors, 331 - 18th Street, and Ivory Cooley, ~00 South Owens Street. Councilman Childs read the proposed Business Development and Revitalization Program for Census Tract 22, as follows: In view of the unacceptab[lity of rezoning to bring about a more coordinated land usage, thought has been given to alternatives that will still have revitalizing effect in Census Tract 22. In the absence of rezoning, residential land use patterns will continue to occur without respect to compabi]ity of density or location. We can continue to support new residential construction and rehabilitation, but will not be able to affect land use patterns. In the absence of rezoning, commercial revitali- zation in Census Tract 22 will involve heavy commitments to a commercial corridor that is limited in its ability to increase its service market. It is limited because it is located off the main thoroughfares. It is on Lake- view Avenue in the heart of a residential community. In order to promote neighborhood commercial revitalization in Census Tract 22 you must consider the locations of commercially zoned land, the conditions of the structures, the type of business establishments, and their profitability. The locations of the structures and the com- mercially zoned land are fixed. Efforts to relocate and consolidate commercial activities were found to be unacceptable to those that were willing to express their view on the subject of rezoning. The existing structures are deteriorated and are poorly located on the land and thus are at a disadvantage when it comes to parking, accessibility, their ability to attract customers, and their ability to be transformed into a cohesive network of neighborhood commercial establishments. The types of business establishments in the area generally are conducted at low levels of efficiency and profitability. The business types are representative of those traditionally found in deteriorated shopping areas of low Bakersfield, California, February 8, 1984 - Page 25 175 income communities. A partial listing would be cardrooms, poolrooms, taverns and other liquor related establishments. These uses do not promote renewed interest in commercial activity. They tend to be the signature of a commercial area that has declined and can no longer attract more profitable businesses; businesses that are profitable to the community and the business owner. Examples of businesses that are identified with viable commercial areas are shoe stores, markets, retail clothing stores, professional and personal service offices, restaurants, drug stores, fast food outlets or automotive parts stores. Therefore. commercial revitalization in Census Tract 22 and more specifically on Lakeview Avenue will require new business development, technical assistance for viable businesses, demolition of deteriorated structures, acquisition and relocation of businesses when the lot and/or building is substandard and removal of establish- ments that are detrimental to a revitalization effort. The following are four approaches that are recommended for implementation for commercial revitalization in Census Tract 22: I. New Business Development. Purpose: To promote the development of new business establishments and the creation of new business opportunities on Lakeview Avenue. Mechanism: CDBG, UDAG, SBA and/or conventional financing will be employed to develop new or substantially rehabilitated commercial space on Lakeview Avenue. The assistance will be used for closing gaps in development financing that will improve the profit- ability of the business venture. Results: New commercial space for the establishment of new businesses; generation of renewed interest in commercial activity through the provision of new and improved layouts, structures and business establish- ments. Considerations: Heavy subsidies may be required to attract new businesses and improve the operating efficiency of existing businesses: This will require lull Council support. II. Technical Assistance. Purpose: Provide assistance to existing business establishments to improve the level of knowledge and ability of the proprietor with respect to the operation of their business; improve the level of understanding of principles in the areas of financing, marketing, accounting, pricing and overall management as they apply to the operations of a business. Bakersfield, California, February 8, 1984 - Page 26 Mechanism: Establish a business resource center where information can be obtained on operating a business. SBA should be contacted regarding the establishment of a satellite office in Bakersfield or the delivery of support services in this area; the Minority Business Development Center should be contacted to see what assistance they can provide. Results: Low efficiency businesses will be provided a mechanism whereby they can become a part of the mainstrean of business activity; better consumer services can be delivered, operational skills will improve and improved commercial activity will occur. Considerations: This will require a long term commitment because it will involve education, training, consultations, work-- shops, seminars, etc., in order to bridge the gap between desire and initiative, and knowledge and ability; the investment of time in administering such an effort will[ not have short term results; results will[ come in the long term after successes compound on each other. III. Demolition of Deteriorated Structures. Purpose: To remove substandard buildings from Lakeview Avenue including those that are functionally and structurally obsolete and are having a blighting influence on the area, this would coincide with the new business development program; and the acquisition and relocation program. Mechanism: CDBG Funds will be used to pay for demolition. Results: The coordinated removal of sub-- standard structures. Considerations: Possible resistance from owners of deteriorated structures that own them free of debt and are satisfied with low level rents. IV. Acquisition and Relocation. Purpose: To provide for the orderly and compensatory relocation of businesses that are capable of growing and developing; they will be relocated into the new com- mercial space that was discussed in the new business development section of this proposal. Mechanism: In accordance with the Uniform Acquisition and Relocation Guidelines, properties will be acquired with viable commercial establishments; efforts will be made to relocate them into new commercial space to be developed on the east side of Lakeview Avenue; the structures at the old Bakersfield, California., February 8, 1984 - Page 27 '177 location will be demolished making way for better utilization of space on the west side of Lakeview Avenue. CDBG and UDAG Funds will be used for this purpose. Results: This activity will support the preceding programs; this will create first phase occupants for the new space utilizing the existing viable businesses on Lakeview Avenue. Considerations: Heavy capital commitments will be required to facilitate the acquisition and relocation process. Some business and property owners may not be willing to participate if they have to incur any debt. This effort is proposed in place of the use of rezoning to provide for a more appropriate location and mix of residential and commercial uses in Census Tract 22. It should be noted that many of the activities mentioned would have to be employed even Jf commercial activity was successfully relocated to Brundage or California Avenue as originally proposed. How- ever, the effort now will be more intensive, more long term, and will be more complicated do to the extent of deterioration and economic stagnation that exists on Lakeview Avenue. Councilman Childs made a motion to reject the proposal to Rezone Census Tract 22, and requested that the Council consider this first reading of the proposed Business Development and Revital:- zation Program for Census Tract 22. Mayor Shell declared the hearing open for public partici- patton. Mr. Herb Bilas, President of the Lakeview Avenue Businessmen's Association, spoke in opposition to rezoning of Census Tract 22. Mr. Art Pewell, 1218 Gorrill Street, spoke in opposition to the rezoning of Census Tract 22. Reverend Ralph Anthony, President of Lakeview Community Corporation, asked for those people in the audience that were in opposition to the rezoning of Census Tract 22 to stand. Forty-two persons stood indicating their opposition and one person stood in support of the rezoning. He also asked the Council to change the General Plan so that it would be in compliance with current zoning, and give the Lakeview Community Corporation the opportunity to meet 178 Bakersfield, California, February 8, 1984 - ]Page 28 with the Committee zation Program for Mr. John regarding the Business Development and Revitali- Census Tract 22 being proposed tonight. S. McDaniels, 1012 - 3rd Street, stated he felt the issue of rezoning should be placed on the ballot so that the citizens would have the opportunity to make the decision. Mr. Curtis Johnson, spoke in opposition to the rezoning of Census Tract 22. Mrs. Martha Walters, 3301 Dwight Street, questioned the benefits of the rezoning and spoke in opposition to the Redevelop- ment Agency. Mr. Terry Tennison, King Street, spoke in opposition to the rezoning of Census Tract 22. No further protests or objections being received and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Childs, proposed rezoning of Census Tract 22, was rejected by the following roll call vote: Ayes: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Payne, Ratty Noes: None Absent: None Upon a motion by Councilman Childs, proposed Business Development and Revitalization Program for Census Tract 22, was accepted and referred to the Community Development Department for public input, by the following roll call vote: Councilmen Rockoff, Barton, Childs, Christensen, Moore, Ayes: Payne, Noes: None Absent: None Council, adjourned Ratty ADJOURNMENT There being no further business to come before the upon a motion by Councilman Christensen, the meeting was at 10:45 P.M. '~ ?/.. MAYOR of ~ ty of Bakers'field, ATTEST: CITY~CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif. cw/ma Bakersfield, California. February ]5, 1984 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 15, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Dr. Clyde Wasdin of the First Assembly of God Church. The City Clerk called the roll as follows: Mayor Shell. Councilmen Barton. Childs. Christensen, Present: Moore, Payne, Ratty, Rockoff Absent: None Minutes of the regular meeting of February l, 1984, were approved as presented. CORRESPONDENCE Upon a motion by Councilman Rockoff, communication from Schools Legal Service, 5801 Sundale Avenue, dated February 10. 1984. regarding findings of the Board of Trustees of the Greenfield Union School District pursuant to the Schools Facilities Ordinance, was received and ordered placed on file. Upon a motion by Councilman Christensen, communication from residents of the area surrounding 631 Bernard Street, thanking the Council for their support regarding an appeal hearing by Maurice Cotton, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication [rom Law Offices of Borton, Petrini & Conron, 1800 - 30th Street, 4th Floor, dated February 15, 1984, regarding City's contract with Kern Refuse Company, was received and referred to the Budget and Finance Committee. COUNCIL STATEMENTS Councilman Christensen requested a report regarding a request from Robert E. Cannon, Kern County Librarian, dated January 26, 1984, for Community Development Funds for restoration and preservation of the Baker Street Library that was referred to the Budget and Finance Committee. 180 Bakersfield, California, February 15, 1984 - Page 2 Councilman Rockoff stated the Budget and FinaleCommittee has met and a report will be made at the Council Meeting of February 22, 1984. After discussion with the City Attorney, Mayor Shell stated, to avoid confusion, the persons nominated at last week's Council Meeting, to fill the vacancy on the Planning Commission, will be voted on in the order they were nominated. Mayor Shell declared a brief recess at 7:10 P.M., in order to allow City Clerk Anderson time to research the minutes of February 8, ]984, to determine the order of nominations. The meeting was reconvened at 7:15 P.M. City Clerk Anderson stated at the Council Meeting of February 8~ 1984, nominations were made to fill the vacancy on the Planning Commission in the following order: 1. Councilman Ratty nominated Mr. Timothy Sullivan, P.O. Box 5007, Bakersfield. 2. Councilman Childs nominated Mr. Homer S. Montalvo, 6000 Friant Drive. 3.Councilman Moore nominated Mr. L. Bruce Nybo, 21425 Branch Creek Street. 4. Councilman Rockoff nominated Mr. George J. Lusich, 3500 Akers Road, No. 59. Councilman Ratty made a motion to appoint Mr. Timothy Sullivan, P. O. Box 5007, Bakersfield, to fill the vacancy on the Planning Commission. This motion failed to carry by the following roll call vote: Ayes: Councilmen Payne, Ratty Noes: Councilmen Barton, Childs, Christensen, Moore, Rockoff Absent: None Councilman Childs made a motion to appoint Mr. Homer S. Montalvo, 6000 Friant Drive, to fill the vacancy on the Planning Commission. This motion failed to carry by the following roll call vote Ayes Noes Absent~ Councilmen Childs, Councilmen Barton, None Christensen, Payne Moore, Ratty, Rockoff Bakersfield, California., February 15, 1984 - Page 3 Nybo, Commission. vote: Ayes: Noes: Absent: Abstaining: Councilman 21425 Branch Creek This motion Moore made a motion to appoint Mr. L. Bruce Street, to fill the vacancy on the Planning failed to carry by the following roll call Councilman Moore Councilmen Barton, Childs, Ratty, None Councilmen Christensen, Payne Rockoff Upon a motion 3500 Akers Road, No. Planning Commission term expiring April by Councilman Rockoff, Mr. George J. Lusich, 59, was appointed to fill a vacancy on the created by the resignation of James Redstone, 17, 1985, by the following roll call vote a motion by Councilman Rockoff, memorandum received last week regarding Fire Alarm Ordinance and propose(! Ayes: Councilmen Barton, Moore, Payne, Ratty, Rockoff Noes: Councilmen Childs, Christensen Absent: None Upon was referred to the if she met with the Hardt and spoke and the earliest by the Council additional fees for excessive false alarms, Budget and Finance Committee. Councilman Ratty asked the Mayor people on the 62 units. Mayor Shell stated, yes, she called Mr. to the architect, Mr. Addington and a Mr. Dorsey, date they can meet is February 24, 1984. Councilman Ratty stated he feels it is unfortunate, be- cause it should be done before the foundations are poured. It is having meeting after the fact. He is within his rights and Mr. Hardt has every right to do what he is doing, but if his family was living in those houses,and it depreciated the neighborhood, he would not have done it. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 2-84 regarding Requests of Rosedale and 182 Bakersfield, California, February 15, 1984 - Page 4 Greenfield Union School Districts, as follows: In September, 1982, the City Council adopted an ordinance implementing the provisions of Section 65970 of the California Government Code. The ordinance authorized the City Council to require dedication of land or fees, or both, by subdividers and builders who desire to construct new housing developments in school districts which are determined to be over- crowded. The enactment of the ordinance was prompted by a request of Panama Union School District for the purpose of relieving the over- crowded conditions in the district. Subsequent to the adoption of the ordinance, and as the ordinance provides, the City Council held a public hearing and adopted a resolution setting forth fees imposed upon residential development in the Panama Union School District. Recently, the City Council received similar requests from Rosedale and Greenfield Union School Districts. The matter was referred to this Committee for study and recommendation. As was done with the previous request, this Committee has met with staff members of the school districts and heard input and suggestions from various builders and developers. Pursuant to our discussion, it was concluded by all those present that overcrowded conditions did exist in the school districts and that all reasonable means of mitigating the overcrowding had been considered. It was further noted that continued residential dew~lopment would increase the student population of the overcrowded school districts, thereby, intensifying such conditions of overcrowding. We further discussed the desirability and importan~e of consistency among the school districts with regards to the various fees. Both school distrit:ts were in agreement to have a uniform fee structure consistent with Panama Union School District. Prior to adoption of the necessary resolution, the City Council must hold a public hearing on the proposed fees; therefore, we recommend a public hearing for adoption of the resolution be set for March 14, 1984. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 2-84 regarding Requests of Rosedale and Green- field Union School Districts, was accepted. and public hearing regarding adoption of resolution on proposed fees was set for March 14, 1984. Upon a motion by Councilman Moore, the Mayor was requested to issue a Proclamation declaring the week of February 27 through March 2, 1984, as Marijuana Prevention Week. Bakersfield, California, February 15, 1984 - Page 5 183 Councilman Christensen stated he would like to see the Proclamation include all drugs. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 3730 to 3827, inclusive, in the amount of $373,385.01. (b) Claim for Damages from the Kern High School District, 2000 - 24th Street. Bakersfield. (Refer to City Attorney) (c) Improvement Agreement for Parcel Map No. 6132 with Tenneco Realty Development Corporation for construction of improve- ments required by the Planning Com~.~ission, located on the south side of Ming Avenue between Ashe Road and Gosford Road. (d) Notices of Completion and Acceptance of Work on: Traffic Signal System on Beale Avenue at Flower Street, Contract No. 83-88 with Webb Electrical Construction. Landfair Storm Drain Modifications, Contract No. 83-144 with Jerilco Inter- national, Inc. Bernard Street Storm Drain, Contract No. 83-216 with Gamcon. (e) Plans and Specifications for Elastic Sheet Roofing of Civic Auditorium. (f) Plans and Specifications for resurfacing portions of South Chester Avenue from Brundage Lane to the Kern Island Canal. South "P" Street from the Kern Island Canal to Belle Terrace and Planz Road from McCourry Street to Wible Road. (g) Resolution of Intention No. 976 of the Council of the City of Bakersfield, delcaring its intention to order the vacation of a portion of Quincy Street between King Street and Baker Street in the City of Bakersfield. This Resolution of Intention sets March 14, 1984, for hearing on the matter before the Council. Upon a motion by Councilman Rockoff, Items (a), (b), (c) (d), (e), (f) and (g) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty, Rockoff Noes: None Absent: None 184 Bakersfield, California, February 15, 1984 - Page 6 ACTION ON BIDS Upon a motion by Councilman Childs, low bid of Hooper Camera Centers, in the amount of $6,182.47, for Camera Film Stock, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2898 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 Denise Avenue and the easterly extension of Denise Avenue and northwesterly of the Carrier Canal. The application for this amendment was made by James L. Wattenbarger and would change subject properties from an R-S-2½-A- FP-S (Residential Suburban 2½ Acre Floodplain Secondary) Zone to an R-S-1-A-FP-S (Residential Suburban 1 Acre Floodplain Secondary) Zone. The Planning Commission recommended approval of this amendment, subject to the conditions that the owner of the property provide a deed restriction prohibiting further resubdivision of the property as outlined in Planning Commission Resolution No. 92-83. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2898 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 Denise Avenue and the easterly extension of Denise Avenue and northwesterly of the Carrier Canal, finding said zoning consistent with the were adopted by the following roll call vote: Ayes Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty. Rockoff General Plan. Noes None Absent: None Bakersfie]d, California, February 15, 1984 - Page 7 185 Adoption of Ordinance No. 2899 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 that certain property in the City of Bakersfield, commonly known as 4821 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. The application for this amendment was made by Ming Avenue Christian Church and would change subject property from a P.C.D. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone, which consists of two alternative plans. Plan No. 1 proposes a two-story office structure containing 74,375 square feet of floor area. Plan No. 2 calls for a one-story feet of and a two-story office complex containing 66,941 square floor area. The Planning Commission recommended approval of this i and 20 additions Section 17.54.030 Noes: Absent: Councilmen None None Barton, Childs, Ratty, Rockoff Adoption of Ordinance No. 2900 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 that certain property in the City of Bakersfield, common]y known as 5101 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with a P.C.D. Zone. amendment, subject to 20 additions to Plan No. to Plan No. 2, and made findings delineated in of the Municipal Code. Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2899 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 that certain property in the City of Bakersfield, commonly known as 4821 Ming Avenue. approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Christensen, Moore, Payne, 186 Bakersfield, California, February 15, 1984 - Page 8 The application for this amendment was made by Central Savings and would change subject property from a P.C.D. (Planned Commercial Development) Zone to a Revised P.C.D. (Planned Commercial Development) Zone, consisting of 46,176 square foot two-story office complex. The Planning Commission recommended approval of this amendment, subject to 23 additions to the plan and made findings delineated in Section 17.54.030 of the Municipal Code. Upon a motion by Councilman Childs, Negative Declaration and Ordinance No. 2900 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 that certain property in the City of Bakersfield, commonly known as 5101 Ming Avenue, approving the Preliminary Development Plan and making findings in connection with a P.C.D. Zone, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Barton, Childs, Christensen, Moore~ Payne, Ratty, Rockoff Noes: None Absent: None Adoption of Ordinance No. 2901 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 south of Panama Lane and west of South "H" Street; and making findings in connection with a P.U.D. Zone. The application for this amendment was made by Magna Development Corporation and would change subject properties from an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) Zones to a P.U.D. (Planned Unit Development) Zone, consisting of 227 single family dwellings with a zero side yard setback on one side of each lot. The Planning Commission recommended approval of this amendment, subject to 9 additions to the plan for Phase I and 18 additions to the plan for Phase 2, and made findings delineated in Section 17.52.020 of the Municipal Code. Bakersfield, California, February 15, 1984 Page 9 Upon a motion by Councilman Barton, Negative Declaration and Ordinance No. 2901 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 south of Panama Lane and west of South "H" Street; and making findings in connection with a P.U.D. Zone, finding said zoning consistent with the General Plan, were adopted by Ayes the following roll call vote: Councilmen Barton, Childs, Christensen, Ratty, Rockoff None None Noes Absent~ Moore. Payne, NEW BUSINESS 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 635 feet north of Stockdale ttighway on the west side of Coffee Road. The application for this amendment was made by James S. Camp for Camp/Tenneco and would change subject properties from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a C-2 (Commercial), or more restrictive Zone. The application also includes a City-owned drainage sump which may be abandoned in the futur(.. The Planning Commission recommended approval of the amendment. 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 635 feet north of Stockdale tIighway on the west side of Coffee Road. HEARINGS This is the time set for public hearing before the Council on an Appeal by the Church of Dialia to the decision of 188 Bakersfield, California, February 15, 1984 - Page 10 the Board of Zoning Adjustment denying their request for a variance to permit a six-foot high wooden fence adjacent to the off-street parking area in lieu of the required masonry wall and an additional condition that a parking agreement be entered into for 15 additional spaces on the adjacent property to the east Jn an R-3-P (Limited Multiple Family Dwelling Parking) Zone, on that certain property commonly known as 328 Eye Street. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Jim Ellis, member of the Board of Directors of the Church of Dialia, stated they are appeaJing the condition that they must enter into a parking covenant with an adjacent property owner and he has been uncooperative. He is prepared to enter into the agreement, but wants to charge the church $225.00 per month for the part-time use of the spaces. In regards to the required 6 foot masonry wall, along the northern property line, there is a masonry wall over one-half of the depth of the lot and the adjacent property owner constructed a wooden fence on the remainder. Mr. Ellis stated he would be happy to answer questions of the Council. No protests or objections being received and no one else wishing to speak in favor, of the hearin~ for Council Upon a motion by Mayor Shc. ll closed the public deliberation and action. Councilman Ratty, application portion of the Church of Dialia for a variance to permit a six-foot high wooden fence adjacent to the off-street parking area in lieu of the required masonry wail and an additional condition that a parking agreement be entered into for 15 additional spaces on the adjacent property to the east in an R-3-P (Limited Multiple Family Dwelling Parking) Zone, on that certain property commonly known as 328 Eye Street, was: Bakersfield, California, February 15, 1984 - Page denied by the following roll call w>te: Ayes: Councilmen Barton, Childs, Christensen, Ratty, Noes: None Absent: None There being no Rockoff ADJOURNMENT Moore, Payne, further business to come before the Council, upon a motion by Councilman Christensen, adjourned at 7:45 P.M. the meeting was MAYOR of the City of Bakersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma 190 Bakersfield, California, February 22, 1984 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held Jn the Council Chambers of City Hall at 7:00 P.M., February 22, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Inw:~cation by Reverend Ed Meissner of the First Assembly of God Church. Present: Absent: The City Clerk called the roll as follows: Mayor Shell. Councilmen Childs, Christensen, None. Moore, Payne, Ratty, Rockoff, Barton SCHEDULED PUBLIC STATEMENTS Ms. Carol Sharpe, Department Chairman of the Family and Consumer Education Department of Bakersfield College, requested a Community Development Grant for an inter-generation project that will include senior citizens and a pre-school center for children. This will be a cooperative effort between the North Bakersfield Park and Recreation Department and Bakersfield College. While the center will be located in the County, the children served wi]] be primarily City children who will be bused from other locations. A written proposal has been submitted by North Bakersfield Parks and Recreation Department to Community Development Coordinator Grady. In answer to a question, Acting City Manager Russell stated the written proposal from North Bakersfield Park & Recreation Depart- ment and Bakersfield College will be submitted along with other requests to the Budget and Finance Committee. CORRESPONDENCE Upon a motion by Councilman Ratty, communication from Miscellaneous Departments, Fire and Police Civil Service Boards sub- mitting Annual Report for 1983, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from Kern High School District, dated February 15, 1984, requesting a General Plan Amendment for property located at 501 South Mount Vernon Avenue, was received and referred to Planning Commission for study and recommendation. Upon a motion by Councilman Rockoff, communication £rom Cox Cable Bakersfield, 2306 Brundage Lane, dated February 16, 1984. giving notice of their intention to adjust basic and installation rates on April 2, 1984, was received and referred to Budget and Finance Committee for study and :recommendation. Upon a motion by Councilman Ratty, communication from Frank E. Lowder, 440 19th Street, dated February 9, 1984, thanking the Council for the support and official proclamation in support of the 1985 National Fast-Pitch, Class "A", Softball Tournament in Bakersfield, was received, placed on file, and Mayor Shell was requested to send a letter of thanks to Mr. Lowder for his efforts in getting the 1985 Tournament in Bakersfield. Upon a motion by Councilman Moore, communication from Hale Costerisan, c/o Nybo & Walker, Civil Engineering, 4200 Easton Drive, Suite 2, dated January 26, ]984, requesting a General Plan Amendment for approximately 63 acres generally located from Pacheco Road northerly one fourth mile to the southerly limits of Akers Road and one fourth mile easterly and westerly of Akers Road Extension, was received and referred to Planning Commission for study and recommendation. COUNCIL STATEMENTS Councilman Rockoff stated at the Annual Meeting of the California Society of Municipal Officers earlier this month, the of Bakersfield received an Outstanding Award Certificate for the 19~2- 83 Financial Statement. He congratulated and commended Greg Klimco. Gil Rojas and the entire Finance Department for their efforts in obtaining this award for the City of Bakersfield. Councilman Rockoff referring to a letter from Public Works Director Hawley and Assistant Public Works Director Richardson, to Pacific Gas and Electric commending them for their prompt service te the City in getting the methane gas controlling flare in operation within just a couple of days at the City Landfill. He stated he toc, wished to commend them for a job we]] done. Bakersfield, California. February 22, 1984 - Page 3 Upon a motion by Councilman Ratty, the problem of the apartments being constructed within ten feet of R-1 property in Quailwood, and a review of the windows looking onto the R-1 property, were referred to the Planning Commission for study and recommenda- tion back to the Council in order to correct the problem. Upon a motion by Councilman Ratty, the issue of side-yard set-backs was referred to the Business Development and Growth Commit- tee for study and recommendation. Councilman Childs invited Councilmembers to two meetings; one at the Senior Citizens' Center, on February 29, 1984 at 7:00 P.[4., regarding felony stop procedures; and another, at the Dr. Martin Luther King Center, March 1, 1984, at 6:00 P.M. regarding the New Lakeview Strategy. tte also commended Chief Price and the Police Department on being open and providing the information on what a high risk stop procedure is. Councilman Rockoff stated he would be out-of-town both February 29, and March 1, 1984, and therefore, unable to attend the meetings. In answer to a question by Councilman Rockoff, City Attorney Oberholzer stated the February 29th meeting is something of a general nature involving matters the Council might never make a determination on; but, the meeting on March 1st, regarding Lakeview Strategy is something that can come before the Council for a decision, and there- fore, if more than three Councilmembers are present, it will require a special meeting. Councilman Childs stated he would like to recommend that any Councilmember planning to attend contact City Attorney Oberholzer and the number attending the meeting will be reduced to three. In answer to a question by Mayor Shell, Acting City Manager Russell stated the City has been negotiating with the County for the American National Bank property for use by the Hall of Records, if the Truxtun Galleria Project is successful. REPORTS Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 3-84 regarding request for Block Grant F~nds for the Rehabilitation of the Baker Street Library, as follows~ Bakersfield, California, February 22, 1984 - Page 4 The County Librarian has requested that the City of Bakersfield, through the use of its Community Development Block Grant Funds, participate in the restoration of the Baker Street Library. This committee met with staff regarding this matter and its implications on the Community Development Budget for the upcoming year. We discussed the Baker Street Library Preservation Plan which was submitted to the City for review in February of 1983. In the report, there were eleven (1]) potential funding sources identified in addition to Community Development Block Grant Funding. Staff reported that the current commit- ment to neighborhood commercial development, target- ed capital improvements housing, and economic development will consume the $1,364,000 estimated allocation of grant funds for fiscal year 1984-85. The committee also discussed the Beale Library and recognized that the Beale Library serves the greatest number of City residents and that in the future there may be a need for some sort of partici- pation by the City in improving its service capacity. Therefore, it is recommended that the County Librarian's request for Community Development funds be denied. Councilman Rockoff made a motion that Budget and Finance Committee Report No. 3-84 regarding request for Block Grant Funds for Rehabilitation of the Baker Street Library, be accepted; and County Librarian's request for Community Development funds be denied. Mr. Bob Cannon, County Librarian, read the following letter into the record: Bakersfield City Council 1501 Truxtun Avenue Bakersfield, CA 93301 Subject: Request for City Community Development Funds ['or the Baker Street Library Members of the City Council: Originally constructed in 1914 and for a period in the 1920's a branch of the Bakersfield City Library, the Baker Street Branch Library in East Bakersfield, serves over one thousand people each week. These people comprise all age groups and all economic levels. In 1982, the Baker Street Library was placed on the National Register of Historic Places. The Baker Street Library cannot be accessed by the handicapped because only a single flight of stairs lead to the front and only door. The facility is totally inadequate for the delivery of modern library services, inasmuch as the electrical, plumbing, air conditioning and interior space areas of the facility are overcrowded, antiquated and inadequate. 194 Bakersfield, California, February 22, 1984 - Page 5 We are proposing that this library be remodeled to allow for the delivery of improved library service programs, as well as allowing access to the handicapped if at all possible. We believe that the remodeling desired will make the Baker Branch Library a more visible and viable entity in the East Bakersfield community, providing the quality of library service the community so cor- rectly deserves. The renovation and remodeling of the Baker Street Branch using City and County Community Development Funds w~ll enable the Kern County Library to finally solve service delivery problems that have existed over twenty years. The Branch may now be remodeled and improved in such a way as to provide improved library service to the East Bakersfield community, yet provide them with a highly usable structure of fine historic significance found nowhere else in Kern County. Therefore, it is rquested that the City of Bakers- field make a commitment of City Community Develop- ment Funds to the Baker Street Library Restoration Plan, so that this important structure in the City of Bakersfield can be fully renovated, restored and preserved for generations to come. Very truly yours, Robert E. Cannon County Librarian Hr. Cannon asked the Council to give this request some consideration. Councilman Barton stated he is not opposed to the library. in fact feels it should be restored and remain there, but there appears to be a problem between the City and County Government as to who is responsible for the Baker Street Library. He would like to see the issue referred to the Intergovernmental Relations Com- mittee to meet with the Board of Supervisors. Councilman Payne stated he would like to recommend the Bakersfield Historical Preservation Commission look at the facility and report back to the Council before any action is taken. In answer to a question by Councilman Payne, Acting City Manager Russell stated there is no Baker Street Revitalization Plan. The City is eligible, since establishing the Historical Preserva- tion Commission to apply directly to the State for funds for this type of project which the County is unable to do. It is his under- standing there ~s ten million dollars set aside for historical Bakersfield, California, February 22, 1984 - Page 6 195 buildings. It may be possible to work with the for these funds. Mr. Jim Esneault, 1809 Locust Ravine, retirement he County in applying stated since his has done a lot of volunteer work at both the Beale and Baker record: Street Libraries. He read the following letter finto the October 20, 1983 Mr. Bill Mungary County of Kern Community Development Department Dear Sir: I am writing to you to urge that you make a com- mitment to restoring the Baker Branch Library. I am a retired teacher from East Bakersfield High School and have been a volunteer worker at Baker and Beale for several years. It is not often that Bakersfield has a building qualified as a natural historic place. It seems incumbent that it be restored to its former state. Personally, in its present condition, I should feel embar- rassed to have people come and see it. More important in the architectural report of Charles Hall Page Associates, it makes the point that although no great damage was suffered in the 1952 Quake, it is, nevertheless, not up to earthquake standards. Pages 8, 11, 29 and 67 are revealing. (Page 8 describes the structure which appears sound; Page 11 entitled Defects, indicates a weakness in the north-south direction in the event of an earthquake; also a crack encircling the door as a result of the 1952 quake, shows a weakness in the structural clay tile wall; Page 29 discusses the unsightly and danserous elec- trical wiring; Page 67 ~is a memorandum of a meet- ing with Peter Culley, a structural engineer, where the cracks in the seismic strength of the building were discussed and proposals made to fix them.) The Field Act of the 1930's required schools in California to be brought up to certain minimum standards of safety. I should think that other public buildings, such as libraries, should also conform to these standards. Imagine the repur- cusions, if a group of children and adults were injured or even killed in the Baker Library, if nothing had been done as a result of that report. I should think that in such a case, the County would be open to some pretty awkward legal ques- tions. 196 Bakersfie]d, California, February 22, 1984 - Page ? I sincerely hope you will give utmost censideration. cc: Supervisor Supervisor this matter your Sincerely, James T. Esneault Pauline Larwood John Mitchell County Librarian Bob Cannon Betty Flint, 2001 Haley Street, stated she has been visit- ing the Baker Street Library since January 1951. She feels it should be accessible to the handicapped and an additional bathroom added. Library, Mr. Jay Smith, Vice President of Friends read into the record the following letter: February 22, 1984 of Baker Street Bakersfield City Council 1501Truxtun Avenue Bakersfield, California 93301 Dear Council Members: Citizens of all ages and from many walks of life have frequented the Baker Street Library for gen- erations. This fine example of early twentieth century architecture, which has meant so much to the citizens of Bakersfie]d, now is in need of attention. Baker Library, listed on the National Register of Historic Places, has a preservation plan, prepared by Charles Hall Page and Associates, Incorporated in 1982. This plan has yet to be implemented. The cost of this undertaking, originally estimated at $396,518.00, increases with delay. Community Development Block Grant Funds could fund a portion ef this project. The peculiar status of Baker Library, a county facility located in the city, used by residents of both city and county provides an excellent oppertunity for two governing bodies to cooperate in an effort in which all can take pride. Sincerely, Donna Byerlotzer President Friends of Baker Library Bakersfield, California, February 22, 1984 - l~age 8 197 Mr. Smith stated he has been visiting the Baker Street Library since 1955 and feels Community Development funds should be focused on things that can improve and provide a source of pride for the community itself. The library is a County building, located in the City and serves both City and County residents. Councilman Moore stated the Intergovernmental Relations Committee has appointed a Citizens Advisory Committee to review the Beale Library status and report back to that Committee. He concurs in Councilman Barton's suggestion that the Baker Street Library be referred to the Intergovernmental Relations Committee in order to consider it along with the Beale Library issue. Councilman Barton made a substitute motion that the Baker Street Library issue be referred to the Intergovernmental Relations Committee. Councilman Payne stated h~ feels the City's Historic Pres- ervation Commission is the vehicle f'or possible funding that may be a possible solution to the problem at Baker Street Library. The Council is very sympathetic and would like to do everything possible to help, but, the Council had to raise taxes to make up for a short-- fall, created by the State last year. The County had a surplus of funds and reduced the County's tax base. Therefore, the Council is trying to compensate for what wasn't raised in taxes by a better utili- zation of the Community Development funds. Councilman Christensen read the following prepared state- ment into the record: The Honorable Mayor and Fellow Councilmen: We have before us tonight a decision that is like all decisions in that it is one of the many little crossroads that we must take in our duties as public setvents. And like all crossroads, small as they may be, when they are taken as a whole, they become the embodiment o[ the sense and spirit, the very essence, of a community. What is the crossroads we are faced with tonight? Well, on the fact of it, it is a simple request from the Librarian of the County of Kern that the City of Bakersfield enter- tain participating financially in the rehabilita- tion of the Baker Street Library, one of the oldest and one of the few remaining historic structures in the City of Bakersfie]d. The free library system 1.98 Bakersfield, California, February 22, 1984 - Page 9 is one of the foundations of public education in our nation. The right of free citizens to free access to learning and information is a hallmark of our democracy and the sword of liberty. The library provides not only educa- tional value, but pleasure, intellectual growth and inspiration for all our citizens, young and old. The library is the treasure house for the learning of our society. And what exactly was the request from the librarian? He requested that we consider participation in the restoration of the library in some financial way. And how does the Finance and Budget Committee recommend we respond? Did they suggest that we meet wlth the County to consider what kind of contribution they had in mind? No. Did they suggest that we have the staff of the City of Bakersfield meet with the County staff to determine what kind of contribution should be made? No. Did they suggest that we withhold consideration of this matter until such time as the decision as to the potential re]ocation of the main branch, the Beale Street Library be decided so that the amount of our contribution, if any, to that relocation could become a part of our contribution to the rehabili- tation of the Baker Street Library? No. Did they suggest that we contribute a $100,0007 No. Did they suggest that we contribute $50,000? No. Did they suggest that we contribute $10,0007 No. In fact, the Committee is suggesting that we turn a deaf ear to the request of the County of Kern, and that we contribute absolutely nothing to the rehabilitation of that project. What is the justification for the Committee's recommendation of our refusal to participate in this important and worthy cause? The Committee indicates that the City has other obligations that it has undertaken in the past and expects to have in the future which will require all of the funds that the City has available, leaving none for this particular project. I am wondering if the City when it thinks in terms of' the monies that are unavailable, it means the amount in excess of $800,000 that we spent to acquire the old Sears Building which sits empty today. Or, does it: mean the amount in excess of $100,000 that we spent to acquire the Eas[ing's Paint building which also stands empty today? Or, perhaps it means the amount in excess of $100.000 that we are paying to obtain the building housing the Chinese Toggery on 19th Street which we then intend to spend an additional $20,000 to tear down and build a park- ing lot which will serve absolutely no one. Are these the kinds of projects that the Committee is suggesting take priority over the rehabilitation of the Baker Street Library? At least one of the members of this Committee is now running for public office in a district in which the Baker Street L~brary is located. It is hard for me to comprehend his callous disregard of the historic and cultural significance of this Bakersfield, California, February 22, 1984 - Page l0 199 fine old building. Is this the "conservatism" that he wants to tout in his campaign? Is this what we call conserving our heritage, conserving our symbols, conserving buildings that are serving a useful and important function in our community? This same member of the Committee has made it a campaign issue that he will foster and encourage and facilitate the cooperation between the City of Bakersfield and the County of Kern. In light of his current recommendation that we turn a deaf ear to the request of Kern County to participate in this project, that campaign promise has the cold and empty sound of the winter wind rattling garbage cans in a Iost and forgotten alley. I wonder about so called ~onservatives who incessantly disclaim the need to conserve the values and institutions which made our nation great and then quietly stand by while these same institutions are bulldozed to the ground in the name o[ progress, or are allowed to slowly disintegrate and decay due to indifference and neglect. We cannot and should not stand by while this pernicious pattern repeats itself over and over again in our city. Our down- town redevelopment is supposed to redevelop to revitalize to restore our city, not to disembowel and destroy it. As we reach this crossroad, this small decision, let's not turn our backs on this priceless and speciaI asset in our community. Not only does a free library system represent one of the foundational institu- tions in our democratic seciety, and not only is this building of a rare and special architectural nature, and not only is this a symbol of many of the fundamental values of our nation's dedication to education, but it is also a building and an ~nsti- tution that is alive and well, and is deserving of our support and aid. Let us not turn our back on this aging empress, but extend a warm and gentle hand of support. How will we ever look future generations in the eye and explain how we let this priceless asset slip through our fingers? I urge you [ellow Councilmen to vote against the Committee's recommendations, and in the alternative, we adopt a motion urging lhe members of the Budget and Finance Co~nittee to meet with Mr. Cannon and members oF the staff to determine what level of contribution would be needed from the City, and what level of contribution can be made. I would suggest that we entertain selling some of the empty buildings that are currently paying no taxes and further contributing to the "ghost town" effect downtown in order to obtain funds for this project. Councilman Christensen stated he would support the motion to refer the Baker Street Library issue to the Intergovernmental Relations Committee and asked that Mr. Cannon, Kern County Librarian and City Staff be included in those discussions. 200 Bakersfield, California, February 22, 1984 - Page Upon a motion by Councilman Barton, Budget and Finance Committee Report No. 3-84 regarding request for Block Grant Funds for Rehabilitation of the Baker Street Library was accepted; the issue of Rehabilitation of the Baker Street Library was referred to the Intergovernmental Relations Co~nittee; to include discussions with the Bakersfield Historical Preservation Commission and Mr. Bob Cannon, Kern County Librarian. Councilman Payne, Chairman of Governmental Efficiency and Personnel Committee, read Report No. 8-84 regarding Equipment Main- tenance Division, as follows: During last year's budget sessions, the Public Works Department requested four additional employees for the Equipment Maintenance Division in an attempt to gain more efficiencies within its preventive maintenance program. At that time, the City Manager suggested that they implement an experimental pro- gram using temporary employees to see if the results they had anticipated would be realized. Since September 1983, this proposed system has been followed under close scrutiny. (Attached to this report are detailed copies of this experimental program.) Last week the Governmental Efficiency and Personnel Committee met with the staff to go over the results, and we were quite impressed. By implementing this program, the Equipment Maintenance Division has been able to improve the equipment availability to the using departments. For example, shop space and equipment are better utilized as there are enough personnel on duty from 6:00 a.m. to 12:00 midnight, five days a week. Due to the preventive maintenance system, they have experienced fewer outside road calls and breakdowns, and some of the equipment which was due for replacement has been restored, which resulted in the deferrment of replacement for approxi- mately $700,000 worth of equipment this year. The Governmental Efficiency and Personnel Committee has discussed this program in detail, and we are recommending City Council approval of the following: 1) Two new positions, 2) One new position, 3) One new position, Automotive Service Worker Trades Assistant Clerk Typist II The total annual cost of these positions is $86,704. However, there will be a savings of $50,000 from the temporary and overtime pay accounts, resulting in a net annual cost of $36,000. The savings in equipment replacement costs should offset this amount. However, for the remainder of fiscal year 1983-84 we are recommending a transfer of $12,000 from the City Council's Contingency Fund to the appropriate equipment mainten- ance account. Bakersfield, California, February 22, 1984 - Page 12 201 Upon a motion by Councilman Payne, Governmental Efficiency and Personnel Committee Report No. 8-84 regarding Equipment Maintenance Division, was accepted; two new positions of Automotive Service Worker, one new position of Trades Assistant and one new position of Clerk Typist II for the Public Works Department, were approved; and budget transfer, in the amount of $12,000, from the City Council's Contingency Fund to the appropriate equipment maintenance account was approved. Councilman Rockoff read Report from the Planning Commission regarding Reduction of Front Yards in R-1 Zones from 25 Feet to 20 Feet, as follows ZONING ORDINANCE COMMITTEE REPORT FRONT YARD SETBACKS The City Council has referred to the Planning Commission the question as to whether or not it would be appropriate to diminish the 25-foot front yard setback in single family residential zones to 20 feet. The Committee's first observation was that if the effort to diminish the front yards is toward achieving larger areas in rear yards then better design of the buildings on these lots would optimize both the use o£ the rear and the :front yards. Secondly, it has been suggested that most other jurisdictions have gone from 25 to 20-foot front yard setbacks and for the sake or consistency with others the City of Bakersfield should also reduce its setbacks. The Committee's finding on this matter is that many cities have reduced their front yards to 20 feet, however, several have not. As for consistency in standards to be applied in the area of Bakersfield, the County of Kern's front yard setback for the R-1 Zone is 25 feet just as is the City of Bakersfield's. Thirdly, it was pointed out that with a front yard setback of 20 feet, there are problems of safety caused by reduced visibility at street intersections. Finally, it was considered by this Committee that the street-scape in the City of Bakersfield is a very important component of the residential character of this area. It was felt that a reduction by ten feet of the front yard setback would result in an adverse affect on the street-scape from a visual and psychological aspect. It was apparent to this Committee that the flexibility in front yard utilization has not yet been exercised by designers and developers and that in circumstances where front yards should be justifiably diminished because of characteristics of property or design then the Board of Zoning Adjustment has appropriately granted modifications to the Zoning Ordinance to address those problems. 202 Bakersfield, California, February 22, 1984 - Page 13 It is recommended by this Committee that the Planning Commission recommend to the City Council that the front yard setbacks not be reduced in the R-1 Zones in the City of Bakersfield. Councilman Rockoff read a letter from James S. Camp, Chairman of the Planning Commission into the record as follows: February 16 1984 Re: Reduction of front yards from 25 to 20 feet. Honorable Mayor and City Councilmen: You referred to the Planning Commission the question as to whether or not the 25-foot front yard setback in single family residential zones should be diminished to 20 feet. This matter was studied by the Planning Co~nission Zoning Ordinance Committee whose report is attached to this letter. The report recommends that the setback not be reduced and gives reasons for that recommendation. The Planning Commission accepted the report and directed this report and recommendation be for- warded to you. Sincerely, James S. Camp, Chairman Planning Commission Councilman Rockoff made a motion to receive the Report and recommendations from the Planning Commission regarding Reduction of Front Yards in R-1 Zones from 25 Feet to 20 Feet. In answer to a question by Councilman Payne, Fire and Development Services Director Needham stated the request to have the issue of reduction of front yards came from a developer. The min- imum lot size for an R-1 is six thousand square feet, and if some- one wishes to change the front yard setback on an R-1 lot, they would go through the Board of Zoning Adjustment. If someone wishes to go to a smaller size lot it would be a Planned Unit Development. Councilman Payne stated he and some of the other Council- members have been meeting with a coalition of developers and concerned citizens on many issues in the past, but most recently, on the afford- ability of housing, and changes that have taken place in other communities, where the developer can offer the same kind of product Bakersfield, California, February 22, 1984 - Page 14 2O3 to the public at a reduced price. The coalition agreed to take this issue under consideration. He asked if action on this report could be deferred until the next scheduled Council meeting. After a lengthly discussion, and questions regarding inter- pretation of Masons Rules and Regulations in reference to accepting a report, City Attorney Oberholzer stated he was informed by Acting City Manager Russell that there had been a question raised at a Gov- ernmental Efficiency and Personnel Committee meeting regarding those procedures. If the Council looks at various court proceedings, with respect to rules that are applied, the rules are rules of guidance and the chair has a lot of prerogative. Past practices of the legis- lative body carries a lot of weight. The important consideration is that everyone understand what they are voting on. Councilmembers understand, except new members, that a report, it does not mean they are tions. If there is still a problem when they make a motion to accept implementing any of the recommenda- for any Councilmembers, he would suggest going over those procedures with them. Upon a motion by Councilman Rockoff, Report from the Planning Commission regarding Reduction of Front Yards in R-I Zones from 25 Feet to 20 Feet was received and discussion of implementation of the recommendations was deferred until the next scheduled Council meeting. Councilman Rockoff read a Report from the General Plan Committee of the Planning Commission, regarding 1,200-Foot Buffer Zone around the China Grade Landfill, dated February 2, 1984, as follows: GENERAL PLAN COMMITTEE REPORT 1,200-FOOT BUFFER ZONE AROUND THE CHINA GRADE LANDFILL February 2, 1984 This Committee has been studying the request by the County of Kern to amend the City's Genera]. Plan to provide for a 1,200-foot buffer of compatible land uses adjacent to the China Grade Landfill. 2O4 Bakersfield, California, February 22, 1984 - Page 15 During the past several months this committee has met with City staff, County staff and adjacent property owners to study this proposal and the effects it might have. This committee has reviewed the law requiring planning to take into considera- tion the relationship of landfills to adjacent land uses in the General Plan and it has considered the possibility of development occuring around the China Grade Landfill as well as the concerns of property owners adjacent to the China Grade Landfill. When the proposed re-opening of the China Grade Landfill was considered last summer, it was deter- mined that given a 100-foot buffer interior to the County-owned property where landfill operations would not occur and given the methods of landfill operation and management, there would be no signifi- cant impacts to adjacent properties and therefore, a negative declaration and finding of compatibility was adopted both by the Planning Commission and the City Council. Up to now this committee has not been satisfied that adoption of a 1,200-foot buffer area measured from the exterior boundaries of the County-owned property all around is the appropriate step to take at this time. It is felt that if a buffer zone is to be established adjacent to the landfill then that zone should be measured from the actual landfill area, not from the surrounding property line, somewhat removed from the landfill area. The extend of any buffer zone, if necessary, should be based more on considerations of wind intensity and direction, topo- graphy, dust, possible methane gas migration, traffic, noise, and litter. For those impacts to be authorita- tively and reasonably established, the committee feels that additional study and investigation is necessary, which would result in inf(~rmat~on not now available to the committee. Therefore, it is recommended by this committee that the Planning Commission request the City Council to authorize studies to be conducted to provide the required additional information for both the Planning Commission and the City Council to use in its deliber- ations of this matter. Councilman Rockoff read a letter from James S. Camp, Chairman of the Planning Commission, into the record as follows: February 16, 1984 Re: 1,200-foot buffer zone around the China Grade Landfill Honorable Mayor and City Councilmen: The Planning Commission General Plan Committee has been studying the County of Kern's request to establish a 1,200-foot buffer of compatible land uses around the China Grade Landfill. The committee has submitted an interim report (attached) which was accepted by the Planning Commission. The report explains that if a Bakersfield, California, February 22, 1984 - Page buffer zone is required, it should be based on such factors as actual use area of the landfill, wind intensity and direction, topography, dust, possible methane gas migration, traffic, noise and litter. These things should be investigated and authori- tatively and reasonably measured. This would provide the city with the necessary factual basis for any future land use restrictions which might be considered. Therefore, the Planning Commission recommends that the City Council authorize studies to be conducted to provide this additional infor- mation. Sincerely, James S. Camp, Chairman Planning Commission Upon a motion by Councilman Rockoff, Report from the General Plan Committee of the Planning Commission, regarding 1,200-Foot Buffer Zone around the China Grade Landfill, was received and referred to Staff to do preliminary work and Staff is to report back to the Growth and Development Committee with recommendations. CONSENT CALENDAR (a) Allowance of Claims Nos. 3828 to 4030, inclusive, in the amount of $793,198.78. (b) Claim for Indemnity and/or Contribution from The Atchison, Topeka and Santa Fe Railway Company, and The Southern Pacific Transporta- tion Company, c/o Stephen T. Clifford, Esq., Clifford, Jenkins & Brown, 1605 "G" Street, Bakersfield. (Refer to City Attorney) (c) Map of Tract No. 465] and Improvement Agree- ment with Maurice and Lois St. Clair, Frank and Arlana J. St. Clair and Kern County Builders, Inc., 3401Wible Road, for con- struction of improvements therein, located on the north side of Fairview Road between South "H" Street and Hughes Lane. (d) Application for Encroachment Permit from Getty Trading and Transportation Company, for con- struction of an eight inch gas pipeline to cross under City operated 1-1-0 Canal Lateral Easement located near Coffee Road and Downing Road. (e) Application for Encroachment Permit from Carmen Gomez, for construntion of a 6 foot high chain link fence along the side yard of 601 Quincy Street, behind the sidewalk area on Kern Street. 2, O6 Bakersfield, California, February 22, 1984 - Page 17 (f) Agreement for Assignment of Crops with Gary Garone Farms (Wastewater Treatment Plant No. 2 Municipal Farm Lessee), to assign the crops at the Sewer Farm to lessee's lender for the 1984 growing season. Improvement Contract and Street Right-of-Way Deed from Atlantic Richfield providing addi- tional right-of-way on Pacheco Road and South "H" Street, guarantee removal of encroachments in the additional right-of-way, and provide for payment of a portion of traffic signal costs, all as required by City Council Resolu- tion No. 11-84 for Land Use Element Amendment, Segment IV. (h) Program Supplement No. 14 to Local Agency-State Master Agreement No. 06-5109 between the State of California and the City of Bakersfield for replacement of a bridge on Panama Lane at Kern Island Canal. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), and (h) of the Consent Calendar, were adopted by the following roll call vote: Ayes: Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff, Barton Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Moore, low bids of Wilbur- Ellis (1 item), in the amount of $.i,175.98, Target Chemical (1 item), in the amount of $927.85, and tielena Chemical (1 item), in the amount of $978.91, for chemicals for Wastewater Division, were accepted and the other bid rejected. Upon a motion by Councilman Childs, bid of Wholesale Fuels, Inc., in the amount of $43,147.35, for Annual Contract for Lubricat-- ing Products, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, bid of John Koulakis Painting, in the amount of $4,745, for interior painting for Fire Station No. 4, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, February 22, 1984 - Page 18 '),0'7 DEFERRED BUSINESS Adoption of Ordinance No. 2902 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 White Lane. west of South "H" Street, north of Pacheco Road, east of Hughes Lane and the southeasterly right-of-way line of the Southern Pacific Railroad. The application for this amendment was made by Atlantic Richfield Company (ARCO), and would change subject properties from an M-1-D (Light Manufacturing - Architectural Design) Zone to an R-1 (One Family Dwelling), R-3 (Limited Multiple Family Dwelling) C-O (Commercial and Professional Office), C-1 (Limited Commercial), C-2 (Commercial) and "A" (Agricultural) Zones. as per General Plan Amend- merit, Segment IV. First reading was given this ordinance following the Council's approval of Segment IV of the General Plan Land Use Element Amendment 2-83 on January 18, 1984. Staff's recommendations included conditions to be imposed by the Planning Commission and to be satisfied before the ordinance would be presented to the Council. The Council, not the Planning Commission, imposed the conditions in approving Segment IV, and action on the ordinance was continued until February 22, 1984, when the conditions will have been satisfied. Upon a motion by Councilman Moore, Negative Declaration arid Ordinance No. 2902 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 Bakers- field located south of White Lane, west of South "H" Street, north Pacheco Road, east of Hughes Land and the southeasterly right-of-way line of the Southern Pacific Railroad, finding said zoning consistent with the General Plan. and Declaration of Restrictions. were adopted by the following roll call vote: Ayes: Councilmen Childs, Barton Noes: None Absent: None Christensen, Moore, Payne, Ratty, Rockcff, 208 Bakersfield, California, February 22, 1984 - Page 19 Adoption of Ordinance No. 2903 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 635 feet north of Stockdale Highway on the west side of Coffee Road. The application for this amendment was made by James S. Camp for Camp/Tenneco and would change subject properties from an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone to a C-2 (Commercial) Zone. The application also includes a City-owned drainage sump, which may be abandoned in the future. The Planning Commission recommended approval of this amend- ment. Upon a motion by Councilman Moore, Negative Declaration and Ordinance No. 2903 New Series of the Council of the City of Bakers- field amending Title Seventeen of the Bakersfield Munieipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located 635 feet north of Stockdale Highway on the west side of Coffee Road, and finding said zoning consistent with the General Plan, were adopted by the fellowing roll call vote: Ayes: Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff, Barton Noes: None Absent: None Adoption of Zoning Resolution No. 311 of the Council of the City of Bakersfield denying appeal of Church of Dialia affirm- ing the decision of the Board of Zoning Adjustment and denying a Modification to permit a six-foot high wooden fence adjacent to the off-street parking area in lieu of the required masonry wall and affirming the decision to impose condition, upon a grant of a Conditional Use Permit to allow a Church, that a parking agreement be required between the appellant and the owner of the adjacent property to the east for ]5 addi- tional parking spaces in an R-3-P (Limited Multiple Family Dwelling-Parking) Zone on that certain property commonly known as 328 Eye Street. Bakersfield, California, February 22, 1984 - Page 20 209 This resolution sets forth the decision of the City Council after public hearing on February 15, 1984, upholding the action of the Board of Zoning Adjustment in denying application of Church of Dialia for a Modification to eliminate requirement for a masonry wall and in imposing requirement that the appellant provide an agreement for an additional 15 parking spaces with ~he property owner to the east. Upon a motion by Councilman Childs, Zoning Resolution No. 311 of the Council of the City of Bakersfield denying appeal of Church of Dialia affirming the decision of the Board of Zoning Adjustment and denying a modification to permit a six-foot high wooden fence adjacent to the off-street parking area in lieu of the required masonry wall and affirming the decision to impose condition, upon a grant of a Conditional Use Perit to allow a church, that a parkin~ agreement be required between the appellant and ~he owner of the adjacent property to the east for ~5 additional parking spaces in an R-3-P (Limited Multiple Family Dwelling-Parking) Zone on that certain known as 328 Eye Street, was Ayes Councilmen Childs, Rockoff, None None Noes Absent: property commonly adopted by the following roll call vote: Christensen, Moore, Payne, Ratty, Barton tion. required Mayor Shell declared the hearing open for public participa- HEARINGS This is the time set for public hearing before the Council for the purpose of considering giving approval to Amendment No. ! to the Kern County Solid Waste Management Plan, 1983 Revision, proposed by the County of Kern and involving a change in the location of the proposed site for the McFarland - Delano Sanitary Landfill. This hearing has been duly advertised and posted as by law. 210 Bakersfield, California, February 22, 1984 - Page 21 No protests or objections being received, and no one wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 14-84 of The Council of the City of Bakers- field concurring in Amendment No. 1 to the Kern County Solid Waste Manage- ment Plan - 1983 Revision. Upon a motion by Councilman Ratty, Resolution No. 14-84 of the Council of the City of Bakersfield concurring in Amendment No. 1 to the Kern County Solid Waste Management Plan - 1983 Revision, was adopted by the following roll call vote: Councilmen Childs, Christensen, Moore, Payne, Ratty, Rockoff, Barton None None Ayes: Noes: Absent: NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3900 Panama Lane. The application for this amendment was made by Elmer Karpe, Inc. and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or more restrictive Zone. The Planning Commission recommended approval of this amend- ment. First reading was considered given an Ordinance of the Council of the City of Bakersfie]d amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that Certain property in the City of Bakersfield commonly known as 3900 Panama Lane. Bakersfield, California, February 22, 1984 - Page 22 DeWalt Suburban) Zone. First reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain proper- ties in the City of Bakersfield located on the southeast corner of Stockdale Highway and Renfro Road. The application for this amendment was made by Dennis W. and would change subject properties from an R-S (Residential Zone to an R-1 (One Family Dwelling), or more restrictive The Planning Commission recommended approval of this amend- ment. First Title Seventeen Land Use Zoning reading was considered given an Ordinance amending of the Bakersfield Municipal Code by changing the of those certain properties in the City of Bakersfield located on the southeast corner of Stockdale Highway and Renfro Road. fidoption of Resolution No. 15-84 of the Council of the City of Bakers- field amending the Hearing Program for amendments to Mandatory Elements of the General Plan and rescinding Resolution No. 21-77. State law has been changed to permit the amendment of manda- tory elements of the General Plan four times rather than three times; per year. Accordingly, the Planning Commission has recommended adoption of a quarterly hearing program by its Resolution No. 1-84. Upon a motion by Councilman Childs, Resolution No. 15-84 of the Council of the City of Bakersfield amending the hearing program for amendments to Mandatory Elements of the General Plan and rescind- ing Resolution No. 21-77, was adopted by Ayes Councilmen Childs, Christensen, Rockoff, Barton Noes None the following roll call vote: Moore, Payne, Ratty, Absent: None 212 Bakersfield, California, February 22, 1984 - Page 23 ADJOURNMENT There being no further business to come before upon a motion by Councilman Christensen the meeting was at 9:10 P.M. the Council, adjourned MAYOR of t~e C tv of Bakersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California CW Bakersfield, California, March 7, 1984 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 7. 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Chaplin Ed Meissner of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Christensen, Moore, Payne (seated at 7:50 P.M.), Ratty, Rockoff, Barton, Childs (seated at 7:08 P.M.) Absent: None Minutes of the regular meetings of February 8, 15 and 22, 1984, were approved as presented. PRESENTATION BY MAYOR Mayor Shell presented a Certificate of Appreciation to W. D. Higginbotham, Jr., Assistant City Manager-Finance, for 5 years of service to the City of Bakersfie]d, effective January 8~ 1984. Mayor Shell presented a Certificate of Appreciation to Marguerite Anderson, City Clerk, for 15 years of service to the City of Bakersfield, effective January 23, 1984. SCHEDULED PUBLIC STATEMENTS Mr. Gerry Col]is, Executive Director of Bakersfield College Athletic Foundation, requested that the months of March and April be proclaimed Membership Campaign Mont~ for the purpose of gaining support for the athletfc program with funds that will benefit all athletes. Mayor Shell presented a Proclamation to Mr. Collis proclaiming March and April, 1984, as "MEMBERSHIP CAMPAIGN MONTtIS" for the Bakersfield College Athletic' Foundation. CORRESPONDENCE Upon a motion by Councilman Barton, communication from Fred N. Rabe Engineering, Inc., 202] North Gateway Boulevard, Fresno, dated January 30, 1984, requesting vacation of an unnamed street Bakersfield, California. March 7. ]984 - Page 2 connecting Glenridge Street and Cedar Canyon Street, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Moore, communication from Olcese Water District, 1414 - 18th Street 21. 1984, regarding Olcese Water District system to deliver water to Annexation No. referred to the Water Resources Committee Room 302, dated February s plan for a water 2, was received and Upon a motion by Councilman Rockoff, communication from Kenneth Cory, Controller of the Sta~e of California, dated February ]0, 1984, submitting a statement of estimated amounts to be paid to each City and County as its share of revenues to be appropriated by the Controller's Office during Fiscal Year ending June 30, 1985, from the Highway Users Taxes, Motor Vehicle License Fees and Off- Highway Motor Vehicle License Fees, was received and referred to the Finance Department staff. Upon a motion by Councilman Moore, communication from Tina Freitas, 516 Goshawk Court, dated February 22, 1984, regarding Ice Skating in Bakersfield, was received, referred to the Auditorium a~d Community Services Commitee for study and recommendation and the Mayor was requested to respond to the letter on behalf of the City Council. Mayor Shell indicated she has answered Miss Freitas' letter. Upon a motion by Councilman Rockoff, communications from Warner Amex Cable Communications, Inc., 201 Union Avenue, dated February 27 and March 2, 1984, notifying the City that they have elected to deregulate under the provisions of Section 53066 and 53066.1 of the Government Code and a memorandum from the City Attorney, dated March 7, 1984, regarding Warner Cable Deregulation, were received and referred to the Budget and Finance Committee. Upon a motion by Councilman Ratty, communication from John Neuman, District Manager for Denny's Restaurants, dated February 23, 1984, regarding park for handicapped and impaired Bakersfield, California, March 7, 1984 - Page 3 '21 5 people, was received and referred to the Auditorium and Community Services Committee. COUNCIL STATEMENTS Councilman Rockoff stated the applications for the City Manager's position are a personnel matter, extremely sensitive and confidential. Councilman Rockoff requested that the Council take some action indicating to the Citizens Screening Committee that all requested and needed information regarding this matter be directed to the Council in Closed Session and, until a decision is made, all information be held in confidence. In due respect to the media thence are times when confidentiality is extremely important, in fairness to the applicants. Many of the applicants have requested that thei~~ applications be kept confidential. Councilman Rockoff asked the City Attorney how the Citizens Scre~ning Committee can communicate to the Council that they need information. City Attorney Oberholzer stated, if they want guidelines, that is not a matter subject to Closed Session. If they want to discuss a specific individual and his qualifications, that is a matter subject to Closed Session. A member of the Citizens Screening Committee can seek information from an individual Councilman, but cannot poll the entire Council for a consensus of opinion, because that would be a decision of the Council outside of a meetins. Mayor Shgll stated that the term of Shirley McFadzean, member of the Historic Preservation Commission, expires on March 30, 1984, and it will be recommended that she be reappointed after her term expires. Councilman Moore reported that he went to Sacramento on February 28, 1984, in regards to long-term financing for local government and marched on the Capit,ll. He also talked to Senator Stiern and Assemblymen Wyman and Rogers and they are supportive of the City's endeavors in that regard. The Cortez Bill and Senate Bill from the Governor are both supported by the League of California Cities. 216 Bakersfield, California~ March 7, ]984 - Page 4 Upon a motion by Councilman Moore, Assemblyman Wyman's Bill, No. 3591, regarding public financing, was referred to the Budget and Finance Committee for study and reco~endation. Councilman Childs requested a status report on Leg]s- lative Bill Nos. 40 and 5]4. Councilman Barton stated that the last League of California Cities Bulletin indicated that in regards to the Maxine Waters and Knowland Bill, they met with the Governor's staff and worked out the problems and the League recommended it be passed and all parties are in agreement. REPORTS Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 3-84 regarding Smoking Ordinance, as follows: On June 8, 1983, the City Council referred the matter of a proposed Smoking Ordinance to the Auditorium and Community Services Committee for study and recommendation. After several meetings, this Committee arranged w~th Dr. Phil Paris of Ca] State Bakersfield to conduct a smoking survey. On February 8, 1984, the City Council heard an oral report from Dr. Paris and received a dra[t copy of the proposed ordinance. During the Council Meeting, the City Council also received input from proponents and opponents of the proposed Smoking Ordinance. After hearing all those wishing to speak on the matter, the City Council referred the matter back to this Committee for further review and recommendation. Additionally, the City Couneil directed this Committee to take into considera- tion all the information and discussion presented at the Council Meeting. This Committee has met to review and discuss the matter. We reviewed the concerns and comments made by those attending the February 8th Council Meeting as we]l as the concerns expressed by members of the City Council. Pursuant to our discussion, it was the consensus of opinion by members of this Committee that smoking in the work place should be regulated. However, members of this Committee could not agree on how the matter should be regulated. As such, we discussed two alternatives, and they are: 1. Smoking in the work place should be regulated by an ordinance of 'the City of Bakersfield. Bakersfield, California, March 7, 1984 - Page 5 2. Smoking in the work place should be regulated; however, regulation should be worked out between employees and management. This Committee felt that prior to proceeding any further the City Council should act on one of the above two alternatives. Councilman Christensen made a motion that smoking in the work place should be regulated by an Ordinance of the City of Bakersfield. Councilman Ratty stated he wished the two questions had been asked when the survey was made. The Council wanted to know if the people wanted an ordinance regulating smoking or if the people wanted to organize it themselves in the work place. Council-- man Ratty felt some type of regulation is necessary, but, from the survey, he felt the people want regulations between the employer and employee. Councilman Christensen stated he felt the two questions should have been on the survey. He appreciates the hard work Dr. Phil Paris and his associates have done in conducting the Smoking Survey in the City, however, based on personal knowledge and the questions asked, he does not believe it accurately reflects the true wishes of the citizens of Bakersfield. The majority would welcome a fairly formulated ordinance, regulating smoking in the work place. It is his personal opinion a voluntary system will not work. The Council has a duty to try to determine the people's wishes. This is not a small matter, because smoking represents one of the great health hazards of today and is a detriment to the health of mankind. The matter is too critical to refuse to allow the citizensparticipation in the decision. They are merely asking to limit smoking in the work place. If regulating smoking was left to work out between management and employees 65-75% would comply, however, there would be a percentage at the top that would drag their feet, oppose it or do nothing. The individuals workin~ for them have a right to work in an environment with pure air and that is why a law is necessary. 218 Bakersfield, California, March 7, 1984 - Page 6 In answer to a question by Councilman Christensen, City Attorney Oberholzer stated the ordinance provides that, if smoking takes place in an office and there is a nonsmoker, thaf person would have to be accommodated by the employer. If the employer ]s not able to accommodate that employee, smoking would have to be prohibited within the work place. Councilman Christensen urged the Council to place the issue of smoking in the work place on the November, 1984, ballot, so the citizens can voice their opinion. Councilman Childs assured Councilman Christensen he has not dodged this issue and there have been some very heated discussions regarding this ordinance. Councilman Childs stated he cannot support a Smoking Ordinance. Councilman Rockoff stated the survey overwhelmingly indicated that smokers and nonsmokers, management and employees, in a ratio of approximately 650 to 200, determined that there is a problem and they would like to take care of it in-house. They do not want the City involved. Based on those statistics, he felt that adoption of an ordinance would be acting against the wishes of the people's choice in how to solve the problem. Councilman Christensen's motion that smoking in the work place be regulated by an ordinance of the City of Bakersfield, failed to carry by the following roll call vote: Ayes: Councilman Christensen Noes: Councilmen Moore, Ratty, Rockoff, Barton Childs Absent: Councilman Payne Councilman Christensen made a motion that smoking in the work place should be regulated, hewever, regulation should be worked out between employees and management. This motion carried by the following roll call vote: Ayes Noes Absent: Councilmen Moore, Ratty, Councilman Christensen Councilman Payne Rockoff, Barton, Childs Bakersfield, California, March 7, 1984 - Page 7 Councilman Christensen stated, for the record, he favors regulation of smoking by management, only if it is backed up by law Councilman Christensen made a motion that the Council place a measure on the ballot, for the November, 1984 Election, with the following wording: Should the City of Bakersfield regulate, by Ordinance, smoking in the work place? Councilman Ratty recommended that both questions be placed on the November ballot, rather than just one. Most people support a voluntary plan and he supports regulating smoking in the work place. He does not feel most people want the City to have an ordinance to enforce it. Councilman Rockoff stated there has been a County-wide election, within the last 2 years, and the citizens indicated they did not want government interference on this subject. If the results of the survey were reversed his position would be reversed. If this were on the ballot, part of the voters on this particular issue, have nothing to do with the work place, therefore, any results of an election would be less of a determining factor than the poll taken of those people directly involved. Councilman Rockoff felt better use could be found for the $20,000 it would cost for an election. 'Councilman Payne apologized for being late and stated he would have voted no on regulating smoking in the work place by ordinance; and yes on regulating smoking in the work place by employees and management. He felt the public has the right to tell the Council how they feel on this issue and he will support the motion to place the matter on the ballot. Councilman Ratty offered a substitute motion that Council place a measure on the ballot, for the November, asking the following two questions: 1. Should the City of Bakersfield regulate, by Ordinance, smoking in the work place? the 1984 Election, 220 Bakersfield, California, March 7, 1984 - Page 8 Shall smoking in the work place be regulated, but worked out between employees and manage- ment? During a lengthy discussion, Councilman Childs made motion to call for the question. the following voice vote: Ayes: Noes: Absent: Councilman Childs Councilmen Christensen, Barton This motion failed to carry Moore, Payne, Ratty, Rockoff, None In answer to questions by Councilmen Payne and Ratty, a measures must be placed on the People may not want smoking to will have to allow for a "Yes" ballot to give the voters a choice. be regulated at all. Each measure or "No" vote. City Attorney Oberholzer stated, if the Council decides to place these measures on the ballot, staff will have to come back to the Council with a resolution that will contain the questions and, at that time, the matter could be referred to a Committee for a recommendation on the ballot wording. Councilman Ratty's substitute motion that the questions: ]. Should the City of Bakersfield regulate, by Ordinance, smoking in the work place? 2. Shall smoking in the work place be regulated, but worked out between employees and manage- ment? be placed on the ballot as advisory measures, for the November, Election, carried by the following roll call vote: '1984: Ayes: Councilmen Noes: Councilman Absent: None Community Ordinance, Christensen, Moore, Payne, Ratty, Barton, Childs Rockoff Upon a motion by Councilman Christensen, Auditorium and Services Committee Report No. 3-84 regarding Smoking was accepted. City Attorney Oberholzer stated both measures could pass. However, they are advisory measures and the Council would have to weigh the matter. One measure may receive more votes than the other. The Bakersfield, California, March 7, 1984 - Page 9 :221 Councilman Childs requested that the audience let him know, by raising their hands, which ward they reside in. Mayor Shell declared a brief recess at 8:25 P.M. and reconvened the meeting at 8:35 P.M. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 4-84 regarding False Alarm Fees, as follows: The City's Municipal Code was amended effective January 15, 1983, relative to regulations and fees for alarm systems throughout the City. During the past year, statistics have been maintained in order to accumulate certain information as well as determine the expense of administering the program. Recently, the City Council received correspondence from the Police Department including the statistics accumulated over the past year. The matter was referred to this Committee for study and recommendation. We have met with City staff and reviewed, in detail, the statistics and expense of adminis- tering the program. We recognize the expense caused by false alarms: however, we believe the present fee of $40 for excessive false alarms to be sufficient and, therefore. recom- mend there be no increase in the service fee at this time. We further recommend the staff continue to maintain the various statistics and return to this Committee with an update in February, 1985. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 4-84 regardini~ False Alarm Fees, was accepted; recommendation that no increase in lhe service fees at this time, was approved; and staff was directed to continue to maintain the various statistics and return to the Budget and Finance Committee with an update in February, 1985. Councilman Rockoff, Chairman of the Budget and Finance Committee, read Report No. 5-84 re~arding Requests for Increases by Cable T.V. Companies, as follows: At the City Council Meeting of February 22, 1984, the City Council rece~w~d correspondence from Cox Cable of Bakersfield notifying 'the Council of their intent to adjust base and installation rates, effective April 2, 1984. The matter was referred to this Committee for study and recom- mendation. 222 Bakersfield, California, March 7, 1984 - Page 10 Subsequent to the Council Meeting, correspondence was received from Warner Amex Cable Communications advising of their intent to adjust certain rates and charges, effective April l, 1984. Also, they submitted additional correspondence, dated February 27, 1984, advising the City of their intent to deregulate under the provisions of Section 53066 and 53066.1 of the Government Code of the State of California. This Committee is aware that if Warner Amex does, in fact, deregu]ate, the State of California preempts any regulatory capabilities the City may have over Warner Amex. However, until such de- regulation would become effective this Committee recommends the City Council deny the request of Warner Amex to increase certain rates and charges. With respect to Cox Cable of Bakersfield, we recommend the City Council hold a public hearing for the matter of discussing and reviewing the requested adjustments to base and installation rates for Cox Cable. Mr. Terry McNally, Genera] Manager of Cox Cable T.V., stated although they wholeheartedly support the philosophy of market place regulated rates, choose not to initiate deregulation under California Government Code Section 53066.1. It was their understanding the City of Bakersfield had already instituted a deregulation mechanism in Resolution No. 21-78. Since the rate adjustment, that will go into effect on April 1, ]984, meets the requirements of Resolution No. 21-78, and must be recognized as well within reason, he suggests there is no reason for review or a public hearing. It is hoped the Council allows the deregulation of rates to be continued under Resolution No. 21-78, and allow Cox Cable T.V. to proceed with a reasonable adjustment of its rates on April 1, 1984, without review. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 5-84 regarding Requests for Inceases by Cable T.V. Companies, was accepted. Councilman Rockoff stated Mr. Forgy, General Manager of Warner Amex Cable T.V.,wanted it stated publicly that the Council is denying the rate increase as a procedural matter, because if their deregulation does not take effect and the Council does not take an action on their rate increase it goes into effect auto- matically. Therefore~ the Council took a procedural action, not Bakersfield, California, March 7, 1984 - Page ?,23 necessarily indicating that the request would be denied. After considerable discussion, upon a motion by Councilman Rockoff, until deregulation of Warner Amex Cable T.V. is effective, request to increase certain rates and charges was denied; and a public hearing was set for March 14, 1984, with respect to Cox Cable T.V.'s request for adjustmenZs to base and installation rates. Councilman Barton, Chairman of the Growth and Development Committee, read Report No. 4-84 regarding Agreement between the City and Westminster Ceramics, Inc., Addressing the Sale of City- Owned Property and the Respective Development Responsibilities and Associated Costs, as follows: In a report issued June 8, 1983, by the Business Development and Parking Co~mmittee, a recommenda- tion was made that specified that disposition of the City property at Mr. Vernon and Brundage would be predicated upon the development of a labor-intensive industry to occupy the site. Further, it was felt that only industries that would provide significant improvements to the land should be considered for the site. On February 28, 1984, this Committee met and discussed a proposed agreement between the City of Bakersfield and Westminster Ceramics, Inc., a firm expanding its current operation, which appears to meet the guidelines established by that adopted report. The agreement is based upon the needs for West- m~nster Ceramics, Inc., te expand its operation. since it currently occupies an inadequate site in another city, and the desire of the City of Bakersfield to broaden its industrial base. The agreement calls for the sale of 14.9 acres of real property by the City to Westminster for $424,700.00. Further, the City will loan certain Economic Development monies as well as funds set aside from the City's annual Federal Revenue Sharing allocation for the purpose of making certain physical improvements to the project site; $424,700 of these funds will be paid to the General Fund for the purchase of the site. The City will carry a long-term note at an interest rate which will result in a total loan package at 10 percent. Westminster agrees to construct their facility within certain time limits, with build-out of the first and second phase to occur before January, 1987. Build-out of the total project shall occur by January, 1999. There are pre- scribed remedies included in the agreement to 224 Bakersfield, California, March 7, ]984 - Page 12 insure compliance. Furthe, r, Westminster and the City have developed an employment plan which is directed towards reducing unemployment within the ranks of the economically dis- advantaged. Projections by Westminster Ceramics, Inc., indicate an eventual development of 200+ jobs of an unskilled or semi-skilled nature ~nd a multi-million dollar investment in buildings and machinery. This development could also initiate substantial investment in surrounding property and a definite expansion of the City's economic base. The financial arrangements agreed upon by Westminster also appear to be mutually beneficial. The estimated cost associated with Project I, which is the main water line from Hayes Street to Mt. Vernon Avenue will be covered by a Federal grant designed to assist cities in creating job opportunities. Project II, which is the development of the initial phases of the facility, includes costs for land acquisition, site preparation, water line extension as well as buildings and equip- ment. The developer, through cash injection and bank loans, will be responsible for 57 percent of the total project. The City will loan or grant the developer the balance of the funds needed with 90 percent of the total funds being repaid at a 6 percent interest rate. No. General Fund monies are being used in the development of this project. Since the plans developed by Westminster Ceramics, Inc., appear to meet the guidelines for develop- ment on the subject site, and since Westminster also will provide substantial job opportunities for unskilled residents of Bakersfield, this Committee recommends approval of the agreement and the project budget as outlined. Upon a motion by Councilman Barton, Growth and Develop- ment Committee Report No. 4-84 regarding Agreement between the City and Westminster Ceramics, Inc., Addressing the Sale of City- Owned Property and the Respective Development Responsibilities and Associated Costs, was accepted; Agreement with Westminster Ceramics, Inc., was approved and the Mayor was authorized to execute same; and the project budget, as outlined, was approved. Councilman Moore, Chairman of the Water Resources Committee, read Report No. 2-84 regarding Supplemental E.I.R. for Wastewater Treatment Plant No. 3, as follows: Bakersfield, California, March 7, 1984 - Page 13 In April, 1983, an Environmental Impact Report (E.I.R.), was developed for the disposal site for the effluent from Wastewater Treatment Plant #3. The criteria for sizing the parcel of land was based upon using some of the effluent for irrigation and spreading the rest. Through further study to determine the most economical site, it has become apparent our disposal costs could be substantially reduced if all the effluent was used for irrigation. However, this would require an additional 1,280 acres of land be added to the disposal site, a supplemental E.I.R. is required on the additional land. This Committee has reviewed a proposal from Corollo/Quad Engineers to prepare the supple- mental E.I.R. for an estimated cost not to exceed $10,000. We concur with staff in that the proposal is acceptable and would, therefore, recommend the City Counc]] authorize the execution of an agreement between the City and Corollo/Quad Engineers. Upon a motion by Councilman Moore, Water Resources Committee Report No. 2-84 regarding Supplemental E.I.R. for Waste- water Treatment Plant No. 3, was accepted; and agreement with Corollo/Quad Engineers for preparation of a supplemental E.I.R., was approved and the Mayor was authorized to execute same. Councilman Moore, Chairman of the Water Resources Committee, read Report No. 3-84 regarding Agreement with Consultin~ Engineers for Plant No. 2 Grant Audit, as follows: During the construction off' the upgrading and expansion of Wastewater Treatment Plant No. 2, the City of Bakersfield, engineering consultants and the contractor agreed upon certain time extensions and contract change orders. The extensions and change orders were brought about by the financial failure of the company awarded the contract to supply certain instrumentation in the sewer treatment plant. Since the instrumentation has an affect on certain equipment, related mechanical, electrical, and process systems, work had to be halted and agreements reached on time extensions. As is the case with such grants, upon completion of the project the State Water Resources Control Board has conducted an audit and is questioning the necessity of the time extensions and contract change orders. The State Auditor is questioning $335,000 of the grant funds. The City has and does disagree with the Auditor's findings and is currently proceeding through the appeal process. 226 Bakersfield, California, March 7, 1984 - Page 14 We concur in City staff's request to employ the services of Metcalf and Eddy, Consulting Engineers, to compile the "critical path data" and represent the City at the Environmental Protection Agency (EPA) hearings to present the City's position. The estimated cost for the services of Metcalf and Eddy is $13,600, which we consider acceptable. Therefore, this Committee recommends the City Council authorize execution of an agreement between the City and Metcalf and Eddy. Upon a motion by Councilman Moore, Water Resources Committee Report No. 3-84 regarding Agreement with Consulting Engineers for Plant No. 2 Grant Audit, was accepted; and agreement with Metcalf and Eddy, Consulting Engineers, for compiling "critical[ path data" and representing the City at the Environmental Protection Agency (EPA) hearings to present the City's position, was approved and the Mayor was authorized to execute same. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4031 to 4130 and 4246 to 4414, inclusive, in the amount of $760,616.02. (b) Application for Leave, to Present Late Claim for Damages from Mary Margaret Meyer, 3504 Bucknell Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Frank J. Martinez, 401 Beverly Drive, Bakersfield. (Refer to City Attorney) (d) Claim for Damages ;from Richard P. Pierucci and Rita A. Pierucci, 5812 Sky Ranch Avenue, Bakersfield. (Refer to City Attorney) (e) Claim for Damages from Kenneth A. March, 3313 Juniper Ridge Road, Bakersfield. (Refer to City Attorney) Claim for Damages from Erwin B. Rehker, 5804 Sky Ranch Avenue, Bakersfield. (Refer to City Attorney) (g) Grant Deed from Kern County Builders, Inc., eta], providing for a drainage system as required by the Planning Commission for Tract No. 4651, located on north side of Fairview Road, midway between South "H" Street and Hughes Lane. Bakersfield, California, March 7, 1984 Page 15 (h) (i) (J) (k) (1) (m) (n) (o) Grant Deed from the City of Bakersfield to State of California Department of Transportation providing additional right- of-way for widening 24th Street at the Carrier Canal. Map of Tract No. 4678 and Improvement Agreement with Hayes Plumbing, Inc., for construction of improvements therein, located on south side of Faith Avenue and westerly of South "t[" Street. Improvement Agreement for Parcel Map No. 7109 with Tenneco Realty Development Corporation for construction of improve- ments required by the Planning Commission, located at northwest corner of Stockdale Highway and Coffee Road. Notice of Completion and Acceptance of Work on Pacheco Greenbelt Storm Drain, Phase I, Contract No. 83-142 with KIP, Inc. Application for Encroachment Permit from Kern Investment, 215 East 21st Street, Bakersfield, for construction of concrete landings at doors encroaching 3 feet and building footings encroaching 8 inches into the right-of-way on Sonora Street at the northwest corner of Sonora and East 21st Streets. Application for Encroachment Permit from Donald J. Stussy, 1400 Calle Hermosa, Bakersfield, for construction of an 8 foot high wall 5 feet into the storm drain easement located along the west property line of 1400 Calle Rermosa. The Public Works Department recommends approval, with the condition that the applicant waive all rights to claim damages to the proposed encroachment which may be caused by the presence of the City's underground facilities within the ]5 foot storm drain easement or by the maintenance or replace- ment of said facilities. Contract Change Order No. I to Contract No. 83-111 with James G. Francis for construction of "H" Street improvements, F.A.U. Project No. M-F 293(1). This Change Order provides fifteen additional working days for completion of the contract, due to delay by utility companies in com- pleting their work. Contract Change Order No. 13-A to Contract No 80-48 with Granite Construction Company for construction of Truxtun Avenue Extension, Phase II, F.A.U. Project No. M-F 252(1). This Change Order provides for excavation and installation of proper shoring and installation of well point systems to 228 Bakersfield, California, March 7, 1984 - Page 16 (o) CONTINUED dewater the project area in preparation for constructing a larger subsurface water removal system. The cost of the change is $99,300 and the total contract price, as a result of this Change Order is $3,026,128.42. The work required by this Change Order has been authorized by the State Department of Transportation and is funded with Federal Aid Urban Funds. (p) Contract Change Order No. i to Contract No. 83-208 with GEN-PAR Construction, Inc., for construction of Fire Station No. 3 adjacent to Saunders Park. This Change Order provides for deletion of decorative poreclain panels and the addition of an Engineer's locker room. The net result of this change is a decrease in the total cost of the project from $302,767 to $301,276. (q) Contract Change Order No. 1 to Contract No. 83-215 with Granite Construction Company for resurfacing Union Avenue and Manor Street, F.A.U. Project No. M-F 3007(2). This Change Order is necessary to provide relocation of electrical facilities which were not shown on the plans as required for construction of median island modifications. The cost of the change is $1,788 and the total contract price, as a result of this Change Order is $279,379 and is within the amount budgeted [or the project. Waiver of Direct Street Access from Kern High School District property at 4801 Truxtun Avenue, as required by the Planning Commission for zone change. Upon a motion by Councilman Rockoff, Items (a), b), (c), (d), (e), (f), (g), (h). (i), (j), (k), (1), (m), (n), (o) (p), (q) and (r) of the Consent Calendar, were adopted by the following roll call vote: Ayes Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs Noes None Absent: None ACTION ON BIDS Upon a motion by Councilman Christensen, low bids of Jim Burke Ford, in the amount of $[],742.11, for a Station Wagon and Bakersfield Dodge, in the amount of $6,558.09. for a Pickup Truck, were accepted and all other bids rejected. Bakersfield, California, March 7, 1984 - Page 17 Upon a motion by Councilman Christensen, low bid of Jim Alfter Concrete, in the amount of $49,310, for construction of King Street curb and gutter, a Community Development Project, was accepted, all other bids rejected, the Mayor was authorized to execute the contract and Budget Transfer from prior years unapp]ied appropriations account to the appropriate account. was approved. Upon a motion by CounciIman Ratty, low bid of Quinn Company, in the amount of $108,046, for reconditioning Three Caterpillar Loaders, was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Christensen, bid of American Fence Company, in the amount of $13,530, for Annual Contract for Fencing, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Moore, bid of Jim Alfter Concrete, in the amount of $21,002.50, for Annual Contract for Canal Liner Repair, was accepted and the Mayor was authorized to execute the contract. Upon a motion by Councilman Payne, low bid of Jim Burke Ford, in the amount of $126,370.06, for Twelve Police Sedans, was accepted and the other bid rejected. Upon a motion by Councilman Moore, Low bid of Irrigation Supply Company, in the amount of $8,167, for new Booster Pump Installation at Olive Drive and Oak~eaf Street (Booster Pump Station No. 1-2-65), was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Barton, all bids for Median Modifications at California Avenue and Chester Lane, California Avenue and Mohawk Street, and Stine Road and Ming Avenue, were rejected. DEFERRED BUSINESS Adoption of Ordinance No. 2904 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Mnnicipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 3900 Panama Lane. Bakersfield, California, March 7, ]984 - Page 18 The application for this amendment was made by Elmer F. Karpe, Inc., and would change subject property from an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone. amendment. The Planning Commission recommended approval of this Upon a motion by Councilman Payne, Negative Declaration and Ordinance No. 2904 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 that certain property in the City of Bakersfield commonly known as 3900 Panama Lane, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Christensen, Moore, Barton, Childs Noes: None Absent: None Payne, Ratty, Rockoff, Adoption of Ordinance No. 2905 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 southeast corner of Stockdale Highway and Renfro Road. The application for this amendment was made by Dennis W. Dewalt and would change subject properties from an R-S (Resi- dential Suburban) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission recommended approval of this amendment. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2905 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 southeast corner of Stockdale Highway and Renfro Road, finding said zoning consistent Bakersfield, California, March 7, 1984 - Page 19 with the General Plan, vote Ayes Councilmen Christensen, Moore, Barton, Childs Noes: None Absent: None were adopted by the following roll call This report Payne, Ratty, Rockoff, Acceptance of Report from the Planning Commission regarding Reduction of Front Yards in R-1 Zones from 25 Feet to 20 Feet. was received at the meeting of February 22, recommendations tonight's Council 1984, however, discussion and action on the contained in the report were deferred until Meeting. Upon a motion by Councilman Rockoff, Report Planning Commission regarding Reduction of Front Yards in R-1 from 25 Feet to 20 Feet, was accepted. HEARINGS This is the time set for public hearing be£ore the Council on an Appeal by Debbie Gutierrez to the decision of the Board of Zoning Adjustment granting the application for a Modifi- cation requested by Orval Terry Gai~er to permit a 100-foot high antenna tower where the maximum height is 65 feet in an R-1 (One from the Zones Family Dwelling) Zone, with the conditions that a standard 4.5-foot wide combination sidewalk be constructed and a Building Permit be obtained prior to erecting the structure, on that certain property located at 1313 Telegraph Avenue. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. she is electronic visual aid and Mrs. read her statement. Mrs. Debbie Gutierrez, 11305 Telegraph Avenue, stated legally blind and unable to read without the use of an Elsie Sutherland has volunteered to 232 Bakersfield, California, March 7, 1984 - Page 20 Mrs. Elsie Sutherland. 1309 Shattuck Avenue, presented copies of Mrs. Gutierrez's statement to the Council. A majority of the residents are opposed to the requested modification and she presented a petition containing 50 signatures, representing 37 homes, expressing their continued opposition to the proposed 100 foot antenna. They do not feel the antenna tower is appropriat,~ in their residential neighborhood. The present 65 foot antenna interferes with televisions, steros, radios, VCR's, electronic garage doors and other electronic equipment. Mrs. Sutherland read a letter from Janie Woods, 1309 Telegraph Avenue (next door to Mr. Gaiser), stating they never had problems with interference until Mr. Gaiser erected his radio station about 8 years ago. Mrs. Gutierrez is having a similar problem. Mr. Gaiser is rendering her electronic visual aid, ca~led a Portareader, manufactured by Apollo Lasers, useless. She has balanced her needs against Mr. Gaiser's rights to operate his radio by simply shutting down the Portareader whenever the interference is present. However, that is not always viable, because not limits her writin~ opportunities~ independence. The system is used having the use of this equipment thereby, limiting her income and for everything another person uses his eyes for; such as, filling out a business ledger, reading a thermometer, signing report cards and hundreds of other things that people do each day with their eyes. She never knows when she will be using this system and since her vision is degenerating due to Retinitis Pigmentosa, it will be used more and more often in the future. They do not feel that raising the antenna to 100 feet will alleviate the problem enough to allow them to ignore all other objections. They feel that the requested 100-foot tower is not appropriate in an R-1 Zone, because of the problems of interference they will continue to have, aesthetic disadvantages, safety questions and the precedent it will set for the entire area. Mr. Gaiser has not shown shown any real hardship due to not having a 100-foot tower and so the necessity of this variance is questionable. There-- fore, they respectfully request that the modification be revoked. Bakersfield, California, March 7, 1984 - Page 21 233 Mr. Douglas Cameron, 1401 Telegraph Avenue, stated he lives within 85 feet of the antenna. During the Board of Zoning Adjustment hearing a petition, signed by 95% of the people in the area objecting to the 100-foot antenna, was presented and he cannot understand how he was granted the modification. Mr. Paul Wenske, 1317 University Avenue, speaking for the residents on University Avenue, stated interference is a by- product of Mr. Gaiser's operation and cannot be eliminated, according to the experts. Mr. Gaiser brought the problem into the area 8 years ago and most residents have been living there 15 to 29 years. Mr. Wenske read an article from the U. S. News & World Report, dated February 13, 1984, entitled "Electronic Hash, The New Menace of High Tach Age." Mr. Wenske requested that the Council deny the request for the 100-foot antenna. Mrs. Wanda Schweitzerg, 1317 Shattuck Avenue, stated they object to the modification due to the interference to electr~ce~l equipment. Kerry Lattimore, 1320 University Avenue~ stated they live directly behind Mr. Gaiser and feel the antenna is an eyesore and increasing it from 65 to 100 feet will not help. It may decrease the interference, but not enough to justify the higher antenna. The area is zoned residential and Mr. GaSser was aware of it when he purchased his property. This is a hobby and he wants to change things. They feel it will degrade the value of their property. Mr. Jarold McNaughton stated he was approached regarding such an antenna in a residential area, and after talking to several other Real Estate Agents, it is difficult to put a figure on any certain piece of property that might be reduced in value because of such an antenna. A prospective buyer of property in the area indicated he was not interested in seeing the property. It might be difficult for a neighbor to market his property with this type of situation and they may have to decrease the asking price. 234 Bakersfield, California, }larch 7, 1984 - Page 22 Mr. Eugene Nelson, 1313 University Avenue, Civil Engineer, expressed his concerns about tying down the new antenna properly and the feasibility of placing it on the existing site. Councilmen Childs and Moore stated the new antenna will be free-standing and will not need guy lines. Mrs. Rose Olsen, 1401 University Avenue, felt their rights, as property owners in the area, are being violated. The construction of the new tower is irrelevant. The R-1 zoning is adequate to preserve their rights and she felt it should remain the same. Mr. Terry Gaiser, applicant for the Modification, stated he has been a broadcast radio and television engineer for the last 18 years. The Board of Zoning Adjus~ment's decision to grant his request is in the best public interest. The main purpose for his amateur radio is to provide emergency communications, without notice, for any possible situation. The recent Coalinga Earthquake and flooding in the Lamont area are two examples of situations he was involved with. He spent a substantial amount of time relaying health and welfare inquiries from all over the United States. Mr. Gaiser explained the various measures he has taken to try to alleviate interference problems for residents of the neighborhood. Raising the antenna from its present 65-foot height to 100 feet will reduce the interference. The added height will also help the antenna perform its job more efficiently. In the interest of pre- serving the neighborhood he is proposing to put his antenna higher with a structure that will be aesthetically better looking than the present structure. The new structure will be a very rugged, strong, self-supporting, retractable antenna. The guy wires and cables will be eliminated. He does not want anything that will be hazardous to his family, neighbors or property. When the antenna is retracted it will be approximately 25 feet tall and will be lowered during bad storms, although, it is designed to withstand in excess of 65 mile per hour winds with a large safety margin. Mr. Gaiser stated Bakersfield, California, March 7, 1984 - Page 23 he only wants to improve the conditions in his neighborhood by reducing chances of electronic devices hearing his radio signals and provide a better looking and safer antenna structure. His transmitter is really not at fault for the interference, it is the electronic devices that do not have adequate filtering shields. Mr. Henry Mack, 2310 Elm Street, amateur radio operator, stated for the last 20 to 23 years he has had a single tower with no guy wires, set in concrete and ]03 feet above ground. The antenna Mr. Gaiser is proposing to erect is just the same as his and just as safe. This antenna has gone through strong winds and earthquakes and has not been damaged. He has never had an inter- ference complaint, except one that was being caused by a local cable~ company. Apparently the interferen('e in this neighborhood is coming; from various sources. The local amateurs have a Television Interference Committee that was set up to help people with problems. Mr. A. J. F. Clement, Professional Engineer and Registered Electrical and Mechanical Engineer, explained the installation methods and materials to be used on the antenna Mr. Gaiser proposes to erect. From a safety standpoint, the engineers in the City of Bakersfield will make sure the structure is safe. Mr. Clement outlined the reasons there will be less interference if the antenna is 100 feet above ground, instead of 65 feet. New electric appliances, available in 1985, will be required by law to be shielded or filtered so they do not pick up amateur radio transmissions. Devices made in the past were not engineered to reject nearby strong signals on another frequency. In answer to a question by Councilman Barton, Mr. Clement stated they would be more than happy to send their Technical Com- mittee to do whatever they can to help Mrs. Gutierrez with her equipment. Dr. Richard Stiern, former Councilman and amateur radio operator, stated he purchased a 55 foot tall free-standing tower and erected it with the help of several neighbors. A few days later 236 Bakersfield, California, March 7, 1984 - Page 24 a neighbor complained that it was interfering with his television. While in the neighbors home trying to rectify the problem it was discovered that it was probably a CB radio some distance away, who was probably operating illegally. Dr. Stiern requested that the Council grant the modification. Mr. Norman Berg, amateur radio operator, stated that Senator Barry Goldwater sponsored a bill requiring manufacturers of electronic equipment to have it shielded, because they were cutting corners and not shielding equipment properly. As the amateur radio population in the United States grew something had to be done for the people. Mr. Berg outlined what the amateur radio operators can do for this area if a disaster occurs. The 100-foot, free-standing tower will be much more attactJve than a 65-foot for the tower with guy wires and it will surrounding neighborhood. Mr. Tom Freed, 1315 Princeton cause less interference 4venue, stated he owns the other tower about 3 blocks away and there is no doubt that the higher the tower and the further away from the neighbors the better. He was having trouble with his old 45-foot tower callsing interference with neighbors electrical equipment and he raised it to 65 feet and they no longer have the problem. It has been proven that the higher the antenna and beam the less problem there will be with interference. No further protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Mayor Shell declared a brief recess at 11:25 P.M. and reconvened the meeting at 11:30 P.M. Councilman Christensen made a motion to uphold the decision of the Board of Zoning Adjustment granting the application for a Modification requested by Orval Terry Gaiser to permit a 100-foot high antenna tower where the maximum height is 65 feet in an R-1 (One Family Dwelling) Zone. with the conditions that a standard 4.5-foot wide combination sidewalk be constructed and a Building Bakersfield, California, March 7, 1984 - Page 25 Permit be obtained prior to erecting the structure on that certain property located at 1313 Telegraph Avenue, with the additional condition that if there are bonafide complaints of increased interference, as a result of raising the tower to 100-feet, then the Modification can be revoked by the Board of Zoning Adjustment. During a lengthy discussion, Councilman Payne stated that due to the fact the people in the neighborhood were there first, and the majority of them are against the lO0-foot tower, he cannot support the motion. Councilman Barton encouraged the amateur operators to try to be better neighbors and cooperate with the people. Councilman Rockoff stated, for the record, that he does not like the attitude of the operators indicating that theft transmissions, that cause interference Js the fault of the person receiving the interference. be beneficial to the the motion. He felt problems. motion He is residents and the operators After a lengthy discussion, to uphold the decision of the hoping that this decision will that is why he is supporting should mitigate Mrs. Gutierrez's Councilman Christensen's Board of Zoning Adjustment granting the application for a Modification requested by Orval Terry Gaiser to permit a 100-foot high antenna tower where the maximum height is 65-feet in an R-1 (One Family Dwelling) Zone, with the conditions that a standard 4.5-foot wide combination side- walk be constructed and a Building Permit be obtained prior to erecting the structure, on that certain property located at 1313 Telegraph Avenue, with the additional condition that if there are bonafide complaints of increased interference, as a result of raising the tower to 100-feet, then the Modification can be revoked by the Board of Zon:ing Adjustment, (tarried by the following roll call vote: Ayes: Noes: Absent: Councilmen Christensen, Childs Councilman Payne None Moore, Ratty, Rockoff, Barton, Bakersfield, California, March 7, 1984 - Page 26 field amending Bakersfield by Code and March said ordinance. NEW BUSINESS First reading of an Ordinance of the Council of the City of Bakersfield amending Title 15 of the Municipal Code of the City of Bakersfield by amending Chapter 15.64 relative to the Uniform Fire Code and setting March 28, I984 as the date for public hearing on said ordinance. This ordinance adopts, by reference, the Uniform Fire Code, 1982 Edition, Appendices thereto, and the Uniform Fire Code Standards, with amendments. The City is currently operating under the Uniform Fire Code, 1979 Edition, and adoption of this ordinance and the 1982 Edition wiI1 conform City regulations to those of the most recent Uniform Fire Code. State law requires that the Council set the matter for hearing after first reading is given the ordinance. Upon a motion by Councilman Ratty, first reading was considered given an Ordinance of the Council of the City of Bakers- Title 15 of the Munictipal Code of the City of amending Chapter 15.64 relative to the Uni£orm Fire 28, 1984, was the date set for public hearing on 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 that certain property in the City of Bakersfield commonly known as 4801Truxtun Avenue. The application for this amendment was made by Dean A. Gay for the Kern High School District and would change subject property from an "A" (Agricultural) and R-1 (One Family Dwelling) Zones to an M-1 (Light Manufacturing) Zone. The PIanning Commission recommended approval of this amendment, subject to the condition that owner dedicate vehicular access to the City for Truxtun Aw~nue frontage; provlde public street access via adjacent parcel map streets; enter into an agree- ment with the City, including contract and bonds, to construct said streets within a one-year period as outlined in Planning Commission Resolution No. 10-84. Bakersfield, California, March 7, 1984 - Page 27 First reading was considered given an Ordinance of the Council of the City or Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 4801 Truxtun Avenue. 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 that certain property in the City of Bakersfield commonly known as l101 "K" Street. The application for this amendment was made by Dean A. Gay for Joseph Mooney and would change subject property from an R-3 (Limited Multiple Family Dwell]ng) Zone to a C-O (Commercial and Professional Office) Zone. The proposed amendment is consistent with the Land Use Element of the General Plan. The Planning Commission recommended approval of this amendment. 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 that certain property in the City of Bakersfield commonly known as "K" Street. Adoption of Resolution No. 16-84 of the Council of the City of Bakers- field fixing time, date and place 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 any protests or objections thereto. This resolution sets March 28, 1984, at 7:00 P.M., in the Council Chambers of City Hall as the time, date and place for hearing report from the Building Official of work and description of property upon which Dangerous Buildings have been demolished and hearing any protests or objections thereto. 24O Bakersfield, California, March 7, 1984 - Page 28 thereto, Ayes: Upon a motion by Councilman Childs, Resolution No. 16-84 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 Buildings have been demolished and hearing any protests or objections was adopted by the following roll call vote: Councilmen Christensen, Moore, Payne, Ratty, Rockoff, Barton, Childs Noes: None Absent: None Approval of Letter of Application for Third Round Rental Rehabilitation Demonstration Program. On January 5, 1983, Agreement No. 83-1 was signed by the Mayor authorizing a Memorandum of Understanding between the City of Bakersfield, Kern County Housing Authority and the Secretary of the Rousing and Urban Development to jointly participate in the Second Round Rental Rehabilitation Program. In order to partici- pate in the Third Round Rental Rehabilitation Program, a letter of application must be signed by the local Chief Executive Officer, which states the additional amount of Community Development Block Grant Funds to be committed, $]25,000.00, for Fiscal Year 1983-84. Upon a motion by Councilman Barton, Letter of Application for Third Round Rental Rehabilitation Demonstration Program, was approved and the Mayor was authorized to execute same. Approval of License Agreement between the City of Bakersfield and Robert Knight and William Anderson for Stock- dale Highway access. This License Agreement provides access from Stockdale Highway across City-owned property to the Knight/Anderson property adjacent to the Kern River and sets forth the obligations of the Licenses with respect to such access. Upon a motion by Councilman Barton, License Agreement between the City of Bakersfield and Robert Anderson for Stockdale Highway access, was was authorized to execute same. Knight and William approved and the Mayor Bakersfield, California, March 7, 1984 - Page 29 Approval of Agreement with Ed Rodgers, Auctioneer, for rental of property located at 16th and "S" Streets. As on previous occasions, Ed Rodgers, Auctioneer, is requesting to rent the City property at 16th and "S" Streets (Old City Corporation Yard), for a public auction. City staff considers a daily rental of $75.00 to be acceptable and would recommend Council approval. Upon a motion by Councilman Childs, Agreement with Ed Rodgers, Auctioneer, for rental of property located at 16th and "S" Streets, was approved and the Mayor was authorized to execute same. Council, was adjourned at ADJOURNMENT There being no further business to come before upon a motion by Councilman Christensen, 12:10 A.M. the the meeting ATTEST MAYOR of t~h~City ~ Bakersfield, Calif. CITY CL/ERK and Ex Officio Clerk of the Council of the City of Bakersfield, California ma 24:2 Bakersfield, California, Harch 14, 1984 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 14, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Inw~cation by Reverend Sam Miller of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Shell. Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Absent: None. RECESS Upon a motion by Councilman Rockoff, the Council Meeting was recessed at 7:05 P.M., until immediately after the conclusion of the Redevelopment Agency Meeting. The City Council Meeting was reconvened at 7:40 P.M. CORRESPONDENCE Upon a motion by Councilman Payne, communication from Bruce E. ~[eith A.I.A., 2011 18th 8treet, Suite 1, Bakersfield, dated March 5, 1984, requesting vacation of a 15-foot alley ease- ment north of Grace Street between Kern Street and Baker Street, was: received and referred to the Planning Commission for study and recom- mendation. Upon a motion by Councilman Rockoff, communication from Kathleen T. Schuler, Executive Director, Foundation for Community Service Cable Television, 5616 Oeary Boulevard, Suite 212, San Fran- cisco, dated March 6, 1984, regarding Grants Program and information and education programs for local communities, was received and referred to Budget and Finance Committee. Upon a motion by Councilman Rockoff, communication from Warner Amex Cable Communications Inc., 201 Union Avenue, Bakersfield, dated January 27, 1984, regarding recent development of Satellite Master Antenna Television systems in multi-family complexes in the Bakersfield area, was received and referred to Budget and Finance Committee. Bakersfield, California, ~4arch 14, 1984 - Page 2 .,43 Upon a motion by Councilman Moore, communication from John W. Robinson, Coordinator, Bakersfield Senior Center, 530 Fourth Street, Bakersfield, dated March 13, 1984, g~ving notice of intention to submit proposal to GET for funding to provide transportation to Bakersfield seniors and requesting comments and letter of support, was received and referred to Community Development Department. COUNCIL STATEMENTS Councilman Payne made the following oral report and stated it was not made as a Governmental Efficiency and Personnel Committee report, because there was not an opportunity for the members of that Committee to meet: The Governmental Efficiency and Personnel Committee has reviewed the request of the Citizens' City Manager Screening Committee and we are in agreement with them that the decision as to whom the next City Manager should be is critically important to the City. We are, therefore, recommending City Council approval for Screening Committee to interview the top ten semi- finalists and, in fairness to the applicants, the travel and lodging costs should be paid by the City. It is also recommended that the names of the seven finalists be forwarded to the City Council as soon as the Screening Committee makes its final selection. This 1ist of seven is not to be in rank order nor should there be any other verbal or written communica- tions with the individual City Council members prior to the Council's interviews with the finalists. Councilman Payne made a motion to accept the oral report and approve the recommendations. Councilman Retry stated he can understand the Screening Committee's concern regarding interviews with the candidates, stroni41y supports the proposition that no less than seven candidates be submit- ted to the Council for consideration, and that there be no ranking of these candidates. The Committee is going to reduce the number of candidates from ten to seven, and because of the process, efforts and time delays, he felt the interviews were unnecessary. The subjective interview is a Council matter. He expressed a concern that the City has been without a City Manager for three months, budget time is near- ing and to go through another lengthly process of interviewing is a needless waste of time on everyone's part. He could not support the 244 Bakersfield, California, March 14, 1984 - Page 3 recommendations and thinks the Council should ask the Screening Committee to provide the Council with seven candidates and then the Council should proceed with the interviews. Councilman Christensen stated he feels it is very worth- while to review a written report and also interview the candidates for City Manager. The City has an outstanding group of individuals on the Screening Committee and he cannot see any harm Jn allowing those individuals to help select the~ best candidates for the Council to interview. He supports the Governmental Efficiency and Personnel Committee's recommendation. Councilman Childs stated he supports the Governmental Efficiency and Personnel Committee's recommendation to allow the Screening Committee the opportunity to interview the candidates. In answer to a question by Councilman Ratty, Councilman Payne stated the last sentence of the oral report states, "This list of seven is not to be in rank order nor should there be any other verbal or written communications with the individual City Council- members prior to the Council's interviews with the finalists." The Governmental Efficiency and Personnel Committee is trying to make it very very clear to the Screening Committee that selecting the seven final candidates and not nlacing them in rank order is what the Council wants and that is where the Screenin~ Committee's involvement will end. Councilman Childs asked Councilman Payne if he would include in his motion special instructions to make it clear to the Screening Committee that the individuals not be ranked. Councilman Payne stated he would include Councilman Childs' suggestion in his motion. He would also like to add, that in dis- cussions with Acting City Manager Russell and the City's Negotiator, Mr. Avery, this issue has been discussed and they are in sgreement. By the Council's approving the recommendations, there is a clear man- date to the Committee that that is where the Council wishes to restrict their involvement. Bakersfield, California, March 14, 1984 - Page 4 Councilman Rockoff stated he could support the Governmental Efficiency and Personnel Committee's recommendation. Councilman Christensen read the following excerpt from a letter sent to the Councilmembers from John J. Collins, Spokesman of the Screening Committee, as follows: "As you have requested, we have met to review the semi-finalists for the Bakersfield City Manager Position. We have determined that in order to responsibly discharge our obligation to you and the City, it is necessary that we personally inter- view a number of the semi-finalists prior to making our recommendation to you. The decision as to who the next City Manager should be is critically important to this City. We believe the extra time and effort will be well spent. In fairness to the applicants, we also urge that the City pay ally travel expenses they incur. The costs should be reasonable, as all candidates are relatively close to Bakersfield and ten or fewer people will be involved. Councilman Payne's motion to accept the oral report and request by the Screening Committee to interview the top ten semi- finalists for the Bakersfield City Manager's Position, City pay thelr travel and lodging expenses, names of the seven finalists be forwarded to the Council as soon as the Committee makes its final selection, list of candidates shall not be submitted in rank order, and there shall not be any verbal or written communications with the individual City Councilmembers prior to the Council's interviews with the .£inalists, was approved. Councilman Ratty voted in the negative on this motion. Upon a motion by Councilman Rockoff, the study of potential changes regarding the Garces Circle was referred to the Budget and Finance Coramittee for study and recommendation, including discussions with all interested sources. Councilman Rockoff, REPORTS Chairman of the Budget and Finance 81-70 Between BARC and the City of Bakersfield, as follows: The referenced agreement was entered into for the purpose of utilizing BARC's expertise as a non- profit corporation in the establishment of a non- profit seniors group to operate the Bakersfield Senior Center. Committee, read Report No. 6-84 regarding Extension of Agreement No. 246 Bakersfield, California, March 14, 1984 - Page 5 As stated in the agreement, BARC was to establish the nonprofit group and develop it into a self- supporting operation. The City would provide fund- ing to offset administrative costs in operating the Center during the course of this agreement. The seniors group is now a nonprofit corporation with a Board of Directors. The Board has been meet- ing since September 1, 1983. The agreement provides for the transfer of operation of the Center to the Bakersfield Senior Center Corporation upon agreement by the City and BARC. However, BARC has requested an extension of the terms of Agreement No. 81-70 on a month to month basis. The terms of the present agreement will expire on March 31, 1984. The Bakersfield Senior Center has requested funding from the United Way, Buck Owens Charities and other philanthropic organizations. However, to date they have not received funding. It is anticipated that funding should be accomplished within the next 12 months, at which time, the Center will be on a self-supporting basis. THEREFORE, it is recommended that the City Attorney be directed to execute an Agreement for the Mayor's signature specifying the terms and conditions for a month to month extension of Agreement No. 81-70. The total monthly cost will be approximately Two-Thousand and Eight-Three Dollars ($2,083). Mr. John Robinson, Project Coordinator for the Bakersfield Senior Center, thanked the Council for their support during the past two years and stated that, as is indicated in the report, the Bakers- field Senior Center has, with the assistance of BARC, established all the provisions of the contract that was entered into. There is a Board of Directors with a paid membership of over 400 seniors. It is felt, in the reasonable future, the Center will be able to take over the administrative functions of the Centaur, and in a very short while some other form of [unding will be forthcoming. The Center will be delighted to work closely with City Staff in doing this. Rental space has also been possibly executed to offset expenses, so that within twelve months the Center will no longer need the financial assistance of the City. The Center would, however, like to ask for the continuing moral support of the City. Upon a motion by Councilman Rockoff, Budget and Finance Committee Report No. 6-84 regardtnff Extension of Agreement No. 81-70 Between BARC and the City of Bakersfield, was accepted; and the City Attorney directed to prepare an Agreement for the Mayor to execute specifying terms and conditions for a month to month exten- sion of Agreement No. 81-70; and the total monthly cost to be approx- imately $2,083, was approved. Bakersfield, California, March 14, i984 - Page 6 (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) CONSENT CALENDAR Allowance of Claims Nos. 4415 to 4516, inclusive, in the amount of $557,344.24. Claim for Damages from Robin Lordsburg Drive, Bakersfield. City Attorney) L. Reade, 7512 (Refer to Claim for Damages from Dan P. and Marty L. Shannon, c/o Kuhs & Parker, P.O. Box 2205, Bakersfield. (Refer to City Attorney) Claim for Implied and Comparative Indemnity from Tenneco Realty Development Corporation, c/o Clifford, Jenkins & Brown, 1605 Street, Bakersfield. (Refer to City Attorney) Claim for Damages from Je[f R. Scott and Riley C. Walter, c/o Kuhs & Parker, P.O. Box 2205, Bakersfield. (Refer to City Attorney) Claim for Damages from Bob E. and Janet L. Willis, c/o Kuhs & Parker, P.O. Box 2205, Bakersfield. (Refer to City Attorney) Claim for Damages from Glenn C. and Glenn K. Davis, c/o Kuhs & Parker, P.O. Box 2205, BakersfieId. (Refer to City Attorney) Claim for Damages from Don J. and Sandra S. Bradshaw, c/o Kuhs & Parker, P.O. Box 2205, Bakersfield. (Refer to City Attorney) Claim for Damages from Jimmy D. and Virginia L. Abernathy, c/o Kuhs & Parker, P.O. Box 2205, Bakersfield. (Refer to City Attorney) Sewer Line Easement [rom Robert N. and Nancy J. Metzler to serve the 100 block of "K" Street, located 300 feet south of 2nd Street between Chester Avenue and Street. Street Right-of-Way Deed from Genevieve Myers, providing additional right-of-way for cul-de-sac on "K" Street south of 2nd Street, as required for the develop- ment of property on "K" Street. Public Road Easement from Warren L. and Sarajane Coats, providing additional road easement on Shandon Lane, as required for Tract 4653, located on the north side of Shahdon Lane northeasterly of Panorama Drive and Fairfax Road. Map of Tract 4642 and Improvement Agree- ment from Homestead Land Development Corp- oration for construction of improvements therein, located at the southwest corner of Wible Road and Harris Road; and Grant Deed from Homestead Land Development Corporation to provide for a drainage basin as required for said tract. 248 Bakersfield, California, Hatch 14, 1984 - Page 7 (n) Map of Tract No. 4686 and Improvement Agreement with Barratt Northern California, Inc., for construction of improvements therein, located northeasterly of South "H" Street and Fairview Road. (o) Application for Encroachment Permit from Highland Tow Service, 2216 Coy Avenue, Bakersfield, for construction of a six-foot high chain link fence extending three foot into the right-of-way along 2216 Coy Avenue. (P) Plans and Specifications for Resurfacing Pierce Road, FAU Project No. M-F 289(1), for construction of an asphalt concrete overlay on Pierce Road between Rosedale Highway and Calloway Canal. (q) Plans and Specifications for Resurfacing Portions of Haley Street between University Avenue and Panorama Drive; and University Avenue between Columbus Street and Camden Street. (r) Plans and Specifications for Construction of Security Lighting and Irrigation Systems for Amberton, Corvallis and Westwold Parks. Upon a motion by Councilman Rockoff, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q), and (r) of the Consent Calendar were approved by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen Noes: None Absent: None ACTION ON BIDS Upon a motion by Councilman Payne, low bid of General Office Machines Company, in the amount of $6,081.22, for a recording system to be used in the Council Chambers, was accepted, all other bids rejected, and authorization granted to use available funds set aside for the modifications and improvements of the City of Bakers- field Communications System. Upon a motion by Councilman Childs, low bids of Halprin Supply Co. (8 items), in the amount of $8,107.20, Branco (3 items), in the amount of $784.61, and San Diego Fire Equipment, (2 items), in the amount of $361.57, for Fire Clothing and Kernmantle Rope, were accepted and all other bids rejected. Bakersfield, California, March 14, 1984 Page 8 Chester Avenue, all other bids tract. Upon a motion by Councilman Moore, bid of Custom Control Panels, in the amount of $12,028.00, for Electrical Panelboard for Ashe Water Pumping Station No. 1~ was accepted. Upon a motion by Councilman Ratty, low bid of California State Contract, in the amount of $68,953.57, for eight pickup trucks, was accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Griffith Company, in the amount of $72,418.30, for reconstruction of portions of Harris Road between Wible Road and Akers Road, was accepted, other bids rejected and the Mayor was authorized to execute the con- tract. Upon a motion by Councllman Barton, low bid of James G. Francis, in the amount of $233,525, for resurfacing portions of South between South "P" Street and Planz Road, was accepted, rejected and the Mayor authorized to execute the con- DEFERRED BUSINESS Deferral of action on an Ordinance of the Council of the City of Bakersfield amend- ing Section ]7.53.051 oF the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives. First reading was given this ordinance at the meeting of January 11, 1984. Action on this ordinance was held over from the Council Meeting of January 11, 1984. This ordinance provides for the Council to adopt site plan review policies and objectives, rather than merely approve or dis- approve policies adopted by the Planning Commission as is presently the case. A revision to the Site Plan Review Policy for Major Retall Projects will be considered by the Planning Commission at its meeting on March 22. If the Planning Commission adopts that revision, which has been proposed by the Council's Growth and Development Committee and approved by representatives of the local development community, this ordinance will no longer be necessary. 25O Bakersfield, California, March 14, 1984 - Page 9 Upon a motion by Councilman Barton, action on an Ordinance of of the Bakersfield Municipal Code relative to Site Plan Policies and Objectives, was deferred until the Council March 28, 1984. the Council of the City of Bakersfield amending Section 17.53.051 Review Meeting of Adoption of Ordinance No. 2906 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 that certain property in the City of Bakers- field commonly known as 1101 "K" Street. The application for this amendment was made by Dean A. Gay for Joseph Mooney and would change subject property from an R-3 (Limited Multiple Family Dwelling) Zone to a C-O (Commercial and Professional Office), or more restrictive Zone. The proposed amendment would be consistent with the Land Use Element of the General Plan. The Planning Commission recommended approval of this amend- ment. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2906 New Series of the Council of the City of Bakers- field amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1101 "K" Street, finding said zoning consistent with the General Plan, were adopted by the following roll call vote: Ayes Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs Christensen Noes None Absent: None Adoption of Ordinance No. 2907 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 that certain property in the City of Bakers- field commonly known as 4801Truxtun Avenue. Bakersfield, California, March 14, 1984 - Page 10 251 The application for this amendment was made by Dean A. Gay for the Kern High School District and would change subject property from an "A" (Agricultural) Zone and R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing), or more restrictive Zone. The Planning Commission recommended approval of this amend- ment, subject to the condition that owner dedicate vehicular access to City for Truxtun Avenue frontage; provide public street access via adjacent parcel map streets; enter into an agreement with the City, including contract and bonds to construct said streets within a one- year period as outlined in Planning Commission Resolution No. 10-84. Upon a motion by Councilman Ratty, Negative Declaration and Ordinance No. 2907 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by chang- ing the Land Use Zoning of that certain property in the City of Bakers- field commonly known as 4801 Truxtun Avenue, finding said zoning con- sistent with the General Plan, were adopted by the following roll call vote: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs Christensen Noes: None Absent: None Adoption of Zoning Resolution No. 312 of the Council of the City of Bakersfield denying the Appeal of Debbie Gutierrez from the Decision of the Board of Zoning Adjustment approving a Modification requested by Orval T. Gaiser to permit a 100- foot high antenna where the maximum height otherwise permitted is 65 feet in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 1313 Telegraph Avenue. This Resolution sets forth the decision of the Council following the appeal hearing on this matter held March 7, 1984. Upon a motion by Councilman Childs, Zoning Resolution No. 312 of the Council of the City of Bakersfield denying the appeal of Debbie Gutierrez from the decision of the Board of Zoning Adjustment approving a Modification requested by Orval T. Gaiser to permit a 100-foot high antenna where the maximum height otherwise permitted 252 Bakersfield, California, March 14, 1984 - Page property commonly known as following roll call vote: 65 feet in an R-1 (One Family Dwelling) Zone on that certain 1313 Telegraph Avenue, was adopted by the Councilmen Moore, Councilman Payne None Ayes Noes Absent: for Ratty, Rockoff, Barton, Childs, Christensen HEARINGS This is the time set for public hearing before the Council discussing and reviewing requested adjustments to base and instal- lation rates for Cox Cable T.V. This hearing was set by the Council as per recommendation contained in Budget and Finance Committee report No. 5-84, approved at the Council Meeting of March 7, 1984. A letter of opposition has been received from Mrs. James Thorne, 2013 University Avenue, dated March 9, 1984. Mayor Shell declared the hearing open for public partici- pation. Mr. Bill Tanner, Westchester T.V., stated he was involved with cable T.V. when the franchise was first awarded. That was a time when every rate increase was considered at a public hearing. Be appreciates the City's reluctanc~ to become involved in rate setting, but many people depend on their television and cable service, and the City has a responsibility to its' constituents to guarantee that they receive value for the money they pay out. He called the Council's attention to the type of activity both Cox and Warner Cable were involved in when they decided to spy on their customers. Obviously, both companies have reason to want to protect their interests, but to arbitrarily hook up scanning devices on cable lines in an effort to trap people, smacks a little of the Gestapo State. There may not be anything the CouncJl can do regarding the requested rate increase, which may be justified, but suggested that the Counc~_l consider bringing control of the cable companies back to the Council. Bakers£ield, California, March 14, 1984 - Page 12 Mr. Terry McNally, General Manager of Cox Cable T.V., stated that what the Council has before them is a Notification of Intention to Adjust Basic Rates. It is an adjustment of just under. 8% and is equal to or less than any and all rate increases previoualy granted by the City Council. He asked for the Council's consideration of the request and hoped the increase would be granted as of April 1, 1984. The last rate increase was in early 1982, just over two years ago. Mrs. Lila Grimm, 3201 Colgate Lane, stated she is not happy about a rate increase and asked if anyone monitors the quality of service provided by the cable companies. She has had problems with programs being switched to another channel or not being shown at all as scheduled. Councilman Rockoff stated that all complaints regarding cable companies are accumulated in the City Manager's Office. The number of compliants is substantially less than they were a year ago. Mr. Terry McNally, General Manager of Cox Cable stated they are required by the F.C.C. to protect the ABC Affiliate out of Bakers- field. This requirement is an effort to protect the local station's advertising revenue. To accomplish this, there is an electronic switching device that takes a look at the audio signals. If the audio signal is the same, it will switch to a service that is not the same, which is what causes the disruption of KCEOP. Cox Cable o?fers KCEOP in its entirety on their Super Ten Service, for an additional fee. No further protests or objections being received and no oae else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Rockoff, Cox Cable T.V. was granted a 7.87% base and installation rate increase. Councilman Christensen voted in the negative on this motion. This is the time set for public hearing for the purpose of considering adoption of a Resolution making findings and setting fo:?th fees for relieving overcrowded conditions in the Greenfield Union 254 Bakersfield, California, March 14, 1984 - Page 13 School District in that portion of the District of Bakersfield. This hearing has been duly advertised, that is in the City posted and all interested parties have been notified as required by law. Mayor Shell declared the hearing open for public participa- Mr. Steven Hartsell, Attorney with Schools Legal Service, and representing Greenfield Union School District, stated he and Dr. Kendrick, District Superintendent, were both present to answer any questions the Council may have. The Resolution adopted by the District Board of Trustees explains the overcrowding situation and the District's need to adopt a fee schedule to help provide interim classrooms for these students that are anticipated. No protests or objections being received and no one else wishing to speak in favor, Mayor Shell closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 17-84 of the Council of the City of Bakersfield concurring in findings of overcrowding, making other findings, and establishing fees in lieu of dedication of land (Interim Classroom and Related Facilities - Greenfield Union School District; Chapter 15.70 of the Bakersfield Municipal Code). Upon a motion by Councilman Ratty, Resolution No. 17-84 of the Council of the City of Bakersfield concurring in findings of overcrowding, making other findings, and establishing fees in lieu of dedication of land (Interim Classroom and Related Facilities Greenfield Union School District; Chapter ]5.70 of the Bakersfield Municipal Code), was adopted by the following roll call w~te: Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs Christensen Noes: None Absent: None This is the time set for public hearing for the purpose of considering adoption of a Resolution making findings and setting forth fees for relieving the overcrowded conditions in the Rosedale Union School District in that portion of the District that is in the City of Bakersfield. Bakersfield, California, March 14, 1984 - Page 14 This hearing has been duly advertised, posted and all interested parties have been notified as required by law. Mayor Shell 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 Council deliberation and action. Adoption of Resolution No. 18-84 of the Council of the City of Bakers- field concurring in findings of over- crowding, making other findings, and establishing fees in lieu of dedica- tion of land (Interim Classroom and Related Facilities Rosedale Union School District; Chapter 15.70 of The Bakersfield Municipal Code). Upon a motion by Councilman Childs, Resolution No. 18-84 of the Council of the City of Bakersfield concurring in findings of overcrowding, making other findings, and establishing fees in lieu of dedication of land (Interim Classroom and Related Facilities Rosedale Union School District; Chapter 15.70 of the Bakersfield Municipal Code), was adopted by the following roll call vote: Ayes Noes Absent: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen None None This is the time set for public hearing on Resolution of Intention No. 976 of the Council of the City of Bakersfield declar- ing its intention to order the vacation of a portion of Quincy Street between King Streef and Baker Street, This hearing has been duly The request for the sfreet Fae Steele, 729 Quincy Street, and The Most Reverend Joseph J. St. Josephs Church, 1515 Baker Street. Mayor Shell declared the hearing open pation. in the City of Bakersfield. advertised and posted. vacation was made by Shirley Madera, for public partici- Mr. Cliff Silvera, member of the Parish Council of St. Josephs Parish, requested Council support of the vacation. The Parish has obtained the Steele prop~rty and other property within 256 Bakersfield, California, March 14, 1984 - Page 15 that block bounded by Baker, King and Pacific Streets. initiated the action and feels it Street and allow that No protests ing to speak in favor, The Parish would be prudent to close Quincy portion to be utilized by the Parish. or objections being received and no one wish- Mayor Shell closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilman Christensen, Resolution No. 19-84 of the Council of the City of Bakersfield ordering the vaca- tion of a portion of Quincy Street between King Street and Baker was adopted by the following Street in roll call Ayes: the City of Bakersfield, vote: Councilmen Moore, Payne, Christensen None None Noes: Absent: Ratty, Rockoff, Barton, Childs, NEW BUSINESS Adoption of Resolution No. 20-84 of the Council of the City of Bakersfield adopting Drainage Plan for "K" Street 2nd Street Planned Drainage Area and making findings relative thereto. This Resolution adopts 2nd Street Planned Drainage Area Law. of the for "K" Street - relative Ayes Noes Absent: a Drainage Plan for the "K" Streel~ - and makes findings required by State Upon a motion by Councilman Childs, Resolution No. 20-84 Council of the City of Bakersfield adopting Drainage Plan 2nd Street Planned Drainage Area and making findings thereto, was adopted by the following roll call vote: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs, Christensen None None Bakersfield, California, March 14, 1984 - Page 16 257 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to fees for construction of planned drain- age and sanitary sewer facilities pur- suant to adopted pIans, and adding reference to plans adopted For "K" Street - 2nd Street Planned Drainage Area. This ordinance adds the "K" Street - 2nd Street Planned Drainage Area to the list of planned drainage areas and planned sanitary sewer areas for which subdividers are assessed to pay the cost of constructing the planned facilities. First reading was considered given an Ordinance of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to fees for construction of planned drainage and sanitary sewer facilities pursuant to adopted plans, and adding reference to plans adopted for "K" Street - 2nd Street Planned Drainage Area. Adoption of Resolution No. 21-84 of the Council of the City of Bakersfield fixing the dates of meetings of the Council during the months of April, May and June, 1984. This Resolution fixes the dates of meetings of the City Council from April through June of 1984. Upon a motion by Councilman Barton, Resolution No. 21-84 of the Council of the City of Bakersfield fixing the dates of meet- ings of the Council during the months of April, May and June, 1984, as amended, was adopted by the following roll call vote: Ayes Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs Christensen Noes None Absent: None Approval of Water Transportation Agreement between the City of Bakers- field and Arvin-Edison Water Storage District. This Agreement with Arvin-Edison Water Storage District sets forth the terms and conditions to allow the City of Bakersfield to transport City Kern River water via the Arvin-Edison Canal to City farmlands located south of Wastewat~r Treatment Plant No. 2. 258 Bakersfield, California, March 14, 1984 - Page 17 Upon a motion by Councilman Moore, Water Transportation Agreement between the City of Bakersfield and Arvin-Edison Water Storage District was approved and the Mayor was authorized to execute same. ACTION ON BIDS (Continued) Upon a motion by Councilman Barton, low bid of Farm Pump and Irrigation Company, in the amount of $82,875.00, for Booster Pump Facility on Arvin-Edison Canal serving Municipal Farm at Wast,s- water Plant #2, was accepted, all other bids rejected and the Mayor authorized to execute the contract. NEW BUSINESS (Continued) Approval of Agreement with Bruce E. Keith, A.I.A. for Architectural Services for the Rehabilitation of the Administrative Office at the Senior Citizen Facllities. This Agreement will provide needed architectural services to prepare the plans and specifications for Phase II of the Senior Citizen Center Project. Cost of the architectural services total $12,000. Funds are available through the Community Development Block Grant Program for this activity. Upon a motion by Councilman Childs, Agreement with Bruce E. Keith, A.I.A. for Architectural Services for the Rehabilitation of the Administrative Office at th~ Senior Citizen Facilities, was approved and the Mayor was authorized to execute same. Approval of Agreement between City and State of California. Department of Trans- portation. This Agreement provides the terms and conditions for a $5,000,000 allocation from the State Grade Separation Fund for con- struction of the Union Avenue Overpass at the Southern Pacific Rail- road. cient commence construction within one year Through this Agreement, the City certifies it has suffi- funds available to finance its share of the project and will after the allocation is made. Bakersfield, California, March 14, 1984 - Page 18 259 The City has budgeted funds in the current fiscal year for its share of the project cost and the present schedule is to commence construction within this calendar year. Upon a motion by Councilman Christensen, Agreement between City and State of California, Department of Transportation, was approved and the Mayor was authorized to execute same. Adoption of Resolution No. 22-84 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. 289, LAFCO Proceeding No. 824 (Buena Vista No. 1). This Resolution sets forth the agreed property tax distri- bution between the City and the County on Annexation No. 289, LAFCO Proceeding No. 824 (Buena Vista No. 1). Th~s Resolution must be adopted at the Council meeting of March 14, 1984, in order to meet the deadline established by LAFCO. The Board of Supervisors will have a similar resolution presented to them :for their adopti~n on Tuesday, March 20. Upon a motion by Councilman Childs, Resolution No. 22-84 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. 289, LAFCO Proceeding No. 824 (Buena Vista No. Ayes: Noes: Absent: upon a motion by at 9:00 P.M. 1), was adopted by the following roll call vote Councilmen Moore, Payne, Ratty, Rockoff, Barton Christensen None None ADJOURNMENT There being no further business to come before Councilman Christensen, the meeting was Childs, the Councll, adjourned MAYOR of,~e City of Bakersfield, Calif. ATTEST: K and Ex Officio Clerk of the Council of the City of Bakersfield, California CW Bakersfield, California, March 28, 1984 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., ~4arch 28, 1984. The meeting was called to order by Mayor Shell, followed by the Pledge of Allegiance and Invocation by Reverend Larry Chapman of the First Assembly of God Church. The City Clerk called the, roll as follows: Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Childs, Christensen, Moore Absent: Councilman Barton Minutes of the regular meetings of March 7 and ~4, 1984, were approved as presented. SCHEDULED PUBLIC STATEMENTS Mr. Horace Austell, representing AMTRAK, extended an invitation to the Mayor and Council to a reception Monday, April 9, 1984, at 12:30 P.M. on board an AMTRAK Dinette Car and thanked the Mayor for proclaiming the week of April 9th as "AMTRAK Week." AMTRAK will have 6 cars and a locomotive, including a super liner, on display at 15th and "D" Streets. Mr. Austell presented the Mayor and Council with paper AMTRAK hats and badges. CORRESPONDENCE Upon a motion by Councilman Payne, communication from California Regional Water Quality Control Board, Central Valley Region, 3201 "S" Street, Sacramento, dated March 12, 1984, regardi~g legislation for underground storag(~ of hazardous substances, was received and referred to the Water Resources Committee. Upon a motion by Councilman Moore, communication from the Kern )losquito Abatement District to Paul Dow, Director of Water Resources Department, dated March 15, 1984, regardina Bakers- field Sewer Farm Garone Rice Irrigation, was received and referred to the Water Resources Committee. Upon a motion by Councilman Christensen, communication from Banducci Enterprises to Acting City Manager Russell, received Bakersfield, California, March 28, 1984 - Page 2 March 21, 1984, requesting reduction in parking space rental rate, was received and referred to the Growth and Development Committee. Upon a motion by Councilman Childs, communication from Bakersfield Central Seventh-day Adventist Church, 4201 Wilson Road, dated March 19, 1984, extending an invitation to the Mayor and Council to attend a Special Community Guest Day at their church on ~4arch 31, 1984, was received and ordered placed on file. Upon a motion by Councilman Rockoff, communication from Kern Community College District, 2100 Chester Avenue, dated March 22, 1984, requesting funds and/or City employees to help with the installation of new lights at Memorial Stadium, was received and referred to the Budget and Finance Committee. COUNCIL STATEMENTS Councilman Rockoff stated during last year's budget sessions, due to the Garbage Tax imposed on City residents and businesses, he donated his Council salary back to the City. The salary has been donated for one-half of this year and the Council is now refunding half of this year's Garbage Tax, therefore. he wanted to state. publicly, that he is stopping the donation of his salary. Councilman Rockoff requested that the City Attorney draft a resolution, for action at next week's Council Meeting, reinstating the $25.00 per meeting fee paid to Planning Commissioners. Councilman Rockoff, refer~ngto articles in the news- paper regarding the Council's financial expenses, stated one item affected three Councilmen, including himself, and it is understandable how it happened, because the voucher indicated an extra days' lodging at a San Francisco hotel. I{owever~ for the record, that extra day was not at the end of the conference. Somehow staff made reservations one day earlier than the arrival date. Councilman Christensen, to his credit, was ~ble to talk the hotel into removing that charge from his bill, however, the other Councilmen were not successful in their attempt to get the charge dropped ~rom their 262 Bakersfield, California, March 28, 1984 - Page 3 bills. They did not stay an extra day at the City's expense for their own gratification. Councilman Rockoff stated each Councilman received an informational memorandum from the Budget Review and Finance Committee regarding Policy on Reimbursable Expenses for City Council Members, as follows: The Budget and Finance Committee is entrusted with reviewing all vouehers prior to Council authorizing payment. Pursuant to our reviewing of expense vouchers, we have noted a need for clarification and the establishment of a policy on reimbursable expenses for City Council members. As such, we will be using the following guidelines when reviewing requests for reimbursement of expenses incurred by City Council members: *MILEAGE "reimbursable mileage" means miles travelled by Council members by private conveyance. No mileage reimbursement will be allowed for travel to and from City Council meetings. Mileage reimbursement will be allowed for travel to and from committee meetings, commission meetings, and board meetings. All authorized trips outside of the City limits will be allowed reimbursable mileage; however, Council members should use City vehicles wherever possible. Except as provided above, all trips within the City of Bakersfield will not be allowed reimbursable mileage. II. EXPENSES Expenses incurred by a Council member in fulfilling the specific direction of the City Council shall be authorized for reimbursement. Where possible, City Council members should obtain authorization from the City Council prior to incurring expenses. Go All expenses must be documented as to time, place, persons, and purpose prior to authorization of payment by the City Council. As previously stated, we will be using the above guidelines in reviewing all expense vouchers. Further, we welcome any input and suggestions you may have. *Mileage allowance is established in accordance with Chapter 2.84 of the Municipal Code and is currently 30¢ per mile. Bakersfield, California, March 28, 1984 - Page 4 Councilman Rockoff stated this is a very sensitive area, however, from the Budget and Finance Co~mmittee's point of view, because they are responsible for approving the vouchers, it is felt that guidelines are needed. The Committee would like to know what the rules are going to be and that is what the memorandum is trying to establish. This is only a recommendation and, if, there are problems with it or some other method can be established they are open to suggestions. Councilman Christensen stated, after reading portions of the memorandum from the Budget and Finance Committee, that he is for accounfability, citizens believe in it and have a right to demand it from their elected representatives. Less than one one- thousandth of 1% of the City's $53,000,000 plus budget is spent for Council expenses. The City pays $]84,520 yearly for animal control and the Council receives $9,100 for providing responsible and representative government. When are given large sums of cash for fee and they are notified of times some Councilmen do not Councilmen attend conferences they expenses, plus the registration the f~rst nights' lodging. Often- attend the entire conference or stay only one day, but keep the entire allotment. It is a known fact that several members of the Budget and Finance Committee are the worst abusers of this. Councilman Christensen stated he fully supports the accounting of Council expenses, therefore, it is recommended that the Voucher Approval Committee be reinstated. This would be a real solution to this issue, rather than leaving it in the hands of a philanthropist, part-time Councilman and seeker of higher office. Kern County Supervisors receive a salary of $42,000 per year, plus car or mileage, board secretary in a County office, 2 to 4 aides or f~eld representatives, travel is budgeted, private offices and one or two field offices, deferred income, retirement and they control and operate a budget of $350,000,000. The total cost for the County Supervisors and staff, etc., is $1,089,490, which is three-tenths of 1% of the cost of 264 Bakersfield, California, March 28, 1984 - Page 5 running County government. The County of Kern is larger than 3 states in this country and they do a very honorable job. The Council's allocation is one one-thousandth oF 1% for managing $53,000,000. The City Council is getting to the point where it no longer can be a part-time Council. It is getting to the point where it is going to have to be a full-time Council, because the population is too large and continues to be one of the fastest growing Cities in the State. Referring to the section of the memorandum regarding l{ileage, Councilman Christensen stated he agreed that mileage to and from Council Meetings should not be reimbursed. However, he did not feel that he should have to obtain a City vehicle every time he had to conduct City business with a constituent. He agreed with the statement that "All authorized trips outside of the City limits will be allowed reimbursable mileage; however, Council members should use City vehicles wherever possible." If a Council- man is going to serve their constituency, trips will have to be made within the City. In referring to the recommended policy that "All expenses must be documented as to time, place, persons, and purpose prior to authorization o~f payment by the City Council," Councilman Christensen stated that means if he wants to drive out to review a sign, etc., he would have to bring it up before the Council prior to doing it and get authorization to make the trip. He asked who would certify it and sign his certificate authenticatill~ the trip. He does not object to authorizing a statement as to what the Council has spent, etc., but some of the policies in the memo are ridiculous. He felt the report is nothing more than nit-picking. Councilman Christensen requested an explanation of Item D under Mileage and Item C under Expenses. Councilman Christensen question,ed that the memo states that the Budget and Finance Committee will be using the above guidelines in reviewing all expense vouchers and then goes on to state they welcome input and suggestions. Bakersfield, California, March 28, 1984 - Page 6 Councilman Rockoff stated documenting expenses prior to authorizing payment is a well established business practice. The Budget and Finance Committee is looking for input and suggestions from the Council. If they are reasonable and workable, those suggestions will be followed. what rules they want to live that is the person they want It is up to the Council to decide by and then the people will decide if to represent them. Councilman Christensen stated he definitely believes that place, person and purpose of a trip should be documented, the time, but how can signatures be obtained to prove it. Councilman Christensen made a motion that the Voucher Approval Committee be reinstated and separated entirely from the Budget and Finance Committee. Councilman Childs stated it is apparent that some vehicle has to be implemented to deal with the problem of reimbursable expenses for Councilmen. He does not have a problem with the idea behind the memorandum, however, it was submitted to the Council as an "information only; no action required" item and the subject is Policy on Reimbursable Expenses for City Council Members. He does have a problem with any Committee setting policy for the entire Council. The entire Council should set policy. If the Voucher Approval Committee is reinstated, it ~s suggested that the memorandum from the Budget and Finance Committee be referred back to the Committee for input from each Councilman or he could support the Committee submitting a report with recommendations to the entire Council. He cannot support the memorandum submitted by the Budget and Finance Committee. as it was presented. Councilman Payne stated he does not object to reinstating the Voucher Approval Committee, but will not serve on it because it is an unnecessary function. Councilman Ratty stated this ~neans reshuffling all the Council's Standing Committee and he has no trouble with that or reinstating the Voucher Approval Committee. Councilmen Christensen, 266 Bakersfield, California, March 28, 1984 - Page 7 Means and Strong served on that Committee in past years and approved all the vouchers relating to the items in the newspaper. They either approved by neglect and did not look at them or just passed them by. Councilman Christensen claims he has credibility, but it is not credibility if people can submit things without documentation. This is very simple, he checked into it, does not like it and will not go along with it, as long as it is a Committee that he is a member of. He did not sign same thing. Guidelines are the Committee should not go the vouchers tonight because of that needed, and unless there are guidelines, along with the present process. The Committee is not setting policy for the Council. The Council can pass any policy they want. The memorandum contains informational guidelines and the Committee is soliciting input. This all started because undocumented items were continually submitted for approval. They requested documentation and it was not forthcoming. Council- man Ratty suggested that reshuffling of the Council's Standing Committee be held off until after the November election. Councilman Childs requested that Councilman Christensen include in his motion that any reimbursable expenses be accompanied by receipts. Councilman Christensen stated he would accept that as part of his motion. However, he wants guidelines from the Council on who will sign the expenses when they occur or a decision on what the Council will accept for authorization. Councilman Childs requested that the staff draft a form that could be used by the Council for reimbursable expenses. Councilman Moore stated he feels the present committee system evenly divides the workload and keeps similar items within a given committee. If new committees are formed it might spread the Council so thin they could not adequately perform the job. Councilman Childs made a motion to call for the question. This motion was unanimously approved. Bakersfield, California, March 28, 1984 - Page Councilman Christensen's amended motion that the Voucher Approval Committee be reinstated and separated entirely from the Budget and Finance Committee and that any reimbursable expenses be accompanied by receipts, failed to carry by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmen Childs, Christensen Councilmen Ratty, Rockoff, Moore Councilman Barton Councilman Payne Councilman Christensen made a motion that the Council be allowed reimbursable mileage fees for trips within the City. Councilman Childs offered a substitute motion that the memorandum from the Budget and Finance Con~ittee regarding Policy on Reimbursable Expenses for City Council Members, be referred back to the Budget and Finance Committee for revamping and review and they consider allowing the Council to be reimbursed for trips within the City of Bakersfield. During discussion, Councilman Rockoff stated that until a policy is established he cannot sign the veuchers. Councilman ~4oore suggested that the Budget and Finance Committee consider the following changes in the memorandum: I. Mileage B. Changed to read - Mileage reimbursement will be allowed for travel to and from committee meetings, commission meetings, board meetings, and when representing Council at meetings with other agencies. C. Changed to read- All authorized trips outside of the City limits will be allowed reimbursable mileage; however, Council members are encouraged to use City vehicles whenever possible. Councilman Christensen agreed with Councilman Moore's suggested changes, but would like to add to B the wording "and when servicing your constituents." Councilman Childs' substitute motion that the memorandum from the Budget and Finance Committee regarding Policy on Reimbursable 268 Bakersfield, California, March 28, 1984 - Page 9 Expenses for City Council Members, be referred back to the Budget and Finance Committee for revamping and review and that they con- sider allowing the Council reimbursement for trips within the City of Bakersfield, was unanimously approved. Councilman Ratty stated he hopes the Bakersfield Californian will give ments about equal prominence to by the three Councilmen as they did those Councilmen. the retraction state- to the first statements Councilman Payne commended Police Chief Price and the Police Department for their successful efforts on behalf of Junior High School age students in the Police Youth Softball Program. Councilman Christensen stated Mrs. Mary Sue Ming's appointment to the Historic Preserw~tion Commission has expired and requested that the Mayor write her a letter expressing the Council's gratitude for her service to the City. Upon a motion by Councilman Christensen, Vera K. Gibson, 300 Brink Drive, was appointed to the Historic Preserw~tion Com- mission, term expiring March 30, 1987. Mayor Shell stated there has been some confusion regarding the expiration date of the terms on the tIJstoric Preservation Commission and requested the City Clerk to check on it. Mayor Shell declared a brief recess at S:15 P.M. and reconvened the meeting at 8:20 P.M. City Clerk Anderson stated the following appointments on the Historic Preservation Commission will expire on Hatch 30, 1984: Shirley McFadzean 513 Friant Court Mrs. Mary Sue Ming 2119 Ming Avenue Lynn Noel Robert T. Spawn 4201 California Avenae, P. O. Box 9817 Apt. 13 Mayor Shell stated these appointments cannot be made until after their present terms expire on March 30, 1984. Councilman Christensen withdrew his motion. Bakersfield, California, March 28, 1984 - Page ]0 Councilman Moore stated he wanted to let the Water Resources Committee and Water Board know that Sunny McPeak, President of the County Supervisors Association of California and Chairman o[ the Bay-Delta Committee for Water Policy Consensus, is going to address the Breakfast Council in Bakersfield on April 12, 1984, regarding water for the Bay-Delta Area Prospective, and requested permission to attend. Upon a motion by Councilman Moore, the Council approved his request to attend the Breakfast Council in Bakersfield on April 12, 1984, regarding water for the Bay-Delta Area Prospective. Upon a motion by Councilman Moore, communication from West Kern Municipal Court District, dated March 1, 1984, regarding Letter of Intent to Discontinue Processing Parking Citations, was referred to the Budget and Finance Committee for review and action. Mayor Shell stated sew~ral weeks ago 10 year old Tina Freitas wrote the Council Mayor Shell indicated she Ice Capades, because they regarding Ice Skating in Bakersfield. has written to Dick Palmer, President of are involved in the construction of Ice Arenas throughout the nation in conjunction with retail development. Mr. Palmer turned this over to Michael Booker. who may contact the two developers that are negotiating for downtown development. REPORTS Councilman Christensen, Chairman of the Auditorium and Community Services Committee, read Report No. 4-84 regarding Public Ice Skating at the Civic Auditorium, as follows: Several weeks ago the City Council received corresp6ndence from 10-year old Tina Freitas regarding ice skating at the Civic Auditorium. The Auditorium and Community Services Coramittee has met with staff concerning this issue, and we have determined that it is impractical to schedule this activity at the Civic Auditorium. (See memorandum from Charles Graviss, Auditorium Manager, outlining the basic reasons for the inability to schedule ice skating.) These basic reasons are as follows: Time frame for operation - It takes a five, day break in the schedule to make ice skating feasible. One day is for making the 27O Bakersfield, California, March 28, 1984 - Page ice, three days' skating, and one day for removal. During the past calendar year, the Auditorium had but one time period with such a break: June 21 through 28. June normally does not lend itself to a popular time for skating. 2 o Continuity of ice skating times - To make the skaing rink viable, the continuity is important in that you need to set specific times and adhere to those regulated times for skating to accustom the public to attending. With the Auditorium operating over 290 days for other activities, it would be impossible to establish any kind of continuity. The cost factor - In 1978, the City scheduled eleven days of public ice skating at which time the expenses were approximately $8,000.00 and revenues were $6,000.00. Labor and utility costs have increased considerably over the past six years, which would result in an even larger deficit. This Committee instructed the Acting City Manager to write Miss Freitas explaining these problems and also requested that he look into the possi- bility of encouraging developers to build an ice skating rink in a project in the downtown area. This type of project has proven to be very successful in other city redevelopment projects. Upon a motion by Councilman Christensen, Auditorium and Community Services Committee Report No. 4-84 regarding Public Ice Skating at the Civic Auditorium, was accepted. CONSENT CALENDAR The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4517 to 4830, inclusive, in the amount of $868,689.68. (b) Claim for Damages from James Narducci, 622 East 21st Street, Bakersfield. (Refer to City Attorney) (c) Claim for Damages from Stuart Petroleum and Robert A. Stout, c/o Robinson, Palmer and Stanton, Attorneys at Law, 1326 "H" Street, Bakersfield. (Refer to City Attorney) (d) Claim for Damages from Kimberly Ann Hammons, 3600 Oro Vista, Bakersfield. (Refer to City Attorney) (e) Claim for Personal Injuries from John Lewis Everson, 8200 Kroll Way, Apt. 178, Bakersfield. (Refer to City Attorney) Bakersfield, California, March 28, 1984 - Page 12 271 (f) (g) (h) (J) (k) Sewer Easement from Eugene Shepherd, Inc., for sewer main to serve Parcel Map No. 7158. Road Easement from Tenneco Realty Develop- ment Corporation fer west half of Old River Road between Camino Media and Stockdale Highway, as required for develop- ment in southwest area of Bakersfield. Street Easement and Improvement Agreement between Southern Pacific Transporation Company and the City of Bakersfield for widening railroad crossing on Stine Road near Pacheco Road. Map of Tract No. 4578, Unit "A", and Improvement Agreement with A-M Company for construction of improvements therein, located on east side of Miramonte Drive and south of State Highway 178, within Rio Bravo Resort Area. Notices of Completion and Acceptance of Work on: Construction of Interim Discharge System at Wastewater Treatment Plant No. 3, Phase II, Contract No. 84-33 with Gamcon. Tract No. 4563, Contract No. 83-93 with Tenneco Realty Development Corporation, located at Old River Road and White Oak Drive. Tract No. 4568, Unit 1, Contract No. 83-94 with Tenneco Realty Development Corporation, located at Gosford Road and Kroll Way. Tract No. 4435, Contract No. 83-123 with Dale W. and Margaret E. Brewer, located at Panama Lane and Castlepoint Street. Parcel Map No. 6774, Contract No. 83-121 with Sill Properties, Inc., located at P~erce Road and Rio Mirada Drive. Tract No. 4610, Contract No. 83-177 with Tenneco Realty Development Corporation, located at Ming Avenue and Scarlet Oak Drive. Tract No. 4421, Unit A, Contract No. 82-164 with Highland Real Estate Corporation, located at University Avenue and Panorama Drive. Application for Encroachment Permit from Edward J. tIauptman, 190 Pelham Court, Bakersfield, for construction of a 2 foot high retaining wall with 6 foot wood fence along back of sidewalk on Durham Way at northeast corner of Durham Way and Pelham Court. 272 Bakersfield, California, ~arch 28, 1984 - Page 13 (1) (m) Application for Encroachment Permit from Richard McMasters, 5200 Langdon Avenue, Bakersfield, for construction of a 4 foot high open-weave chain link fence behind sidewalk on the corner of Langdon Avenue and Grissom Street. Application for Encroachment Permit from Metro Record Storage, Ltd., 2929 16th Street, Bakersfield, for construction of a slide gate at the warehouse entrance to encroach 6 inches into the right-of-way. 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 foilowing roll call vote: Ayes: Councilmen Payne, Rockoff, Childs, Christensen, Moore Noes: Councilman Ratty Absent: Councilman Barton ACTION ON BIDS Upon a motion by Councilman Childs, low bid of State Contract, in the amount of $11,060.13, for Four Wheel Drive Pickup Truck, was accepted and the other bid rejected. Upon a motion by Councilman Moore, Electric (3 items), in the amount of $761.35, in the amount of $1,047.28, Stewart Electric low bids of Consolidat,ed Jeff Berkus (1 item), (16 items), in the amount of $23,030.13, and Light Sales (4 items). in the amount of $1,928.14, for Ballasts, Lamps, Luminaires and related equipment, were accepted and all other bids rejected. Upon a motion by Councilman Payne, low bid of Traconex, Inc., in the amount of $38,525.70, for Traffic Signal Controllers for various locations, was accepted and all other bids rejected. Upon a motion by Councilman Childs, bid of Three Way Chevrolet, in the amount of $17,856.70, for Four Wheel Drive Truck with Service Body, was accepted. Upon a motion by Councilman Rockoff, low base bid, plus Units A & B, from Western Energy Sciences Corporation, in the amount of $49,563.05, for Communication Building located on Kelso Peak (9 miles northeast of Bakersfield), was accepted, the other bid rejected and the Mayor was authorized to execute the contract. Bakersfield, California, March 28, 1984 - Page Upon a motion by Councilman Ratty, low bid of Granite Construction, in the amount of $372,790.00, for Truxtun Avenue Improvements between "L" and Ease ]9th Streets, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. DEFERRED BUSINESS Adoption of Ordinance No. 2908 New Series of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to Fees for construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for "K" Street - 2nd Street Planned Drainage Area. Upon a motion by Councilman Childs, Ordinance No. 2908 New Series of the Council of the City of Bakersfield amending Section 16.32.070 D. of the Bakersfield Municipal Code relative to Fees for construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for "K" Street - 2nd Street Planned Drainage Area, was adopted by the following roll call vote: Ayes Councilmen Payne, Ratty, Rockoff, Childs, Christensen, Moore Noes None Absent: Councilman Barton Deferral of action on an Ordinance of the Council of the City of Bakers- field amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives. This ordinance provides Site Plan Review Policies and Objectives for the Council to adopt, rather than merely approving or disapproving policies adopted by the Planning Commission, as presently the case. A revision to the Site Plan Review Policy for Major Retail Projects was proposed by the Council's Growth and Development Committee and approved by representatives of the Local Development Committee. 274 Bakersfield, California, March 28, 1984 - Page 15 This revision was to be considered at the Planning Commission's meeting of March 22, 1984, however, the matter was continued until April 19, 1984. If the Planning Commission adopts that revision this ordinance will no longer be necessary. Upon a motion by Councilman Rockoff, action on an Ordinance of the Council of the City of Bakersfield amending Section 17.53.051 of the Bakersfield Municipal Code relative to Site Plan Review Policies and Objectives, was deferred until the Council Meeting of April Ayes: Noes: Absent: 25, 1984, Councilmen Payne, Moore None Councilman Barton by the fo15owing roll call vote: Ratty, Rockoff, Childs, Christensen, 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 was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Community Development Coordinator Grady stated Mr. Nathaniel ttewitt and his 2 sisters, owners of the property at 1303 Potomac Avenue, have requested that they not be assessed $837.00 for the demolition costs due to some confusion in mailing of notices. The information used by the Co~nunity Development Department in mailing notices to the property owners was, apparently, older than current information. The list they used shows the owner being a person who has been deceased since 1979. The owners feel if they had been notified they would have been given additional time to attempt to make improvements on the property and occupy it. Bakersfield, California, March 28, 1984 - Page 16 '?,75 In answer to a question by Councilman Rockoff, Community Development Coordinator Grady stated the people in the family who actually have responsibility and exercise control over the property did not get notice of the demolition. In answer to a question by Councilman Christensen, City Attorney Oberholzer stated he does not know which roll the names were taken from. It is required that the names and addresses be taken off the last equalized assessment roll and send the notice to that name and address. If the people are not there and do not receive the notice there is no liability. That is the most that the City can be expected to do. He suggested that the Hewitt property be pulled and continued until the next Council Meeting to give staff a chance to investigate the matter. In answer to a question by Councilman Childs, Nathaniel Hewitt stated he lives in Berkeley and found out about the demolition through hearsay. He has been corresponding with the Fire Department since 1983 and received correspondence from them last June. Some- way someone got the old address and he never received any notices. The house was still standing in June and he planned to remodel it. When he called on August 16, 1983, he found out it had been demolished. He found out about the assessment through one of his sisters. No further protests or objections being received, Mayor Shell closed the public portion of the hearing for Council delibera- tion and action. Upon a motion by Councilman Childs, assessment on the property located at 1303 Potomac Avenue was removed from the Assessment List and referred to staff for investigation. Upon a motion by Councilman Rockoff, Resolution No. 23-84 of the Council of the City of Bakersfield confirming the Report of the Building Director re Assessments of certain properties in the City for demolition of Dangerous Buildings, deleting the property located at 1303 Potomac Avenue, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Childs, Christensen, Moore Noes: None Absent: Councilman Barton 276 Bakersfield, California, March 28, 1984 - Page 17 This is the time set for public hearing before the Council to consider adoption of an Ordinance amending Title 15 of the Municipal Code by amending Chapter 15.64 relative to the Uniform Fire Code. This ordinance was given first reading at the meeting of March 7, 1984. This hearing was duly advertised and no written protests or objections were filed in the City Clerk's Office. This ordinance adopts, by reference, the Uniform Fire Code, 1982 Edition, the Appendices thereto, Code Standards, with amendments. The City under the Uniform Fire Code, 1979 Edition, and the Uniform Fire is currently operating and adoption of this ordinance and the 1982 Edition will conform City regulations to those of the most recent Uniform Fire Code. State law requires that the Council hold a public hearing on the matter after first reading is given the ordinance. Mayor Shell declared the hearing open for public partici- pation. No protests or objections being received and no one wishing to speak in favor, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Ratty, Ordinance No. 2909 New Series of the Council of the City of Bakersfield amending Title 15 of the ~unicipal Code of the City of Bakersfield by amending Chapter 15.64 relative to the Uniform Fire Code, was adopted by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Childs, Christensen, Moore Noes: None Absent: Councilman Barton This is the time set for public hearing before the Council on an Appeal by Cornerstone Engineering on behalf of Wally Tucker Datsun to the decision of the Board of Zoning Adjustment denying their application for a Conditional Use Permit to allow a new and used automobile sales lot, including new and used recreational Bakersfield, California~ March 28, 1984 - Page ?,77 vehicles, motor homes, vans and trucks, in a C-1 (Limited Commercial' Zone, on that certain property commonly known as 240 Oak Street. This hearing was duly advertised and the property owners notified as required by law. Mayor Shell declared the hearing open for public partici- pation. Mr. Mike Callagy, Cornerstone Engineering representing Wally Tucker Datsun, stated they are requesting that the Council overturn the decision of the Board of Zoning Adjustment and grant the Conditional Use Permit. The Board of Zoning Adjustment approved a Conditional Use Permit for a similar use immediately across the street. The Davenport Agency deals, primarily, in used cars, whereas, the Wally Tucker Datsun Agency deals in new and used vehicles. The Oak Street area has several car agencies, including two large ones within two blocks. This use, in this neighborhood, is not foreign. Mr. Callagy presented the Council with copies of an amended site plan that would allow 11 off-street parking spaces off the alley on the north side of the property. It would be 24 hour parking outside the fenced area of the car lot. Signs would be placed on the property directing customers to that area, so they will not park on Bank Street. The use being proposed is better for the area, in regards to the problems the residents have been havins, when other C-1 uses, that could be put there without a Conditional Use Permit, are considered. The Wally Tucker Datsun Agency has been in existence since 1947 and the oldest Datsun Agency in the country. They have an exemplary reputation in the community and operate their facility on Baker Street without problems to that area. If the Conditional Use Permit is granted they have a proble~ with one of the conditions placed on it and would like to discuss the matter later. Mrs. Carol Benston, 211 Oakbank Road, stated the use of 240 Oak Street as a motor home-truck sales lot jeopardizes their peace, residential atmosphere of the neighborhood, property values Bakersfield, California, March 28, 1984 - Page 19 and lives of the children. Large vehicles mean large troubles. There have been several negative consequences to their neighborhood resulting from Davenport's Used Car Lot. There is no parking on Oak Street and very little on Bank Street. Mrs. Benston outlined the parking problems, hazardous street conditions, devaluation of their property and danger to their children that would result if this Conditional Use Permit is granted. The residents are requesting that a wall be erected across Bank Street, once and for all, to provide a severance between the residential property and the commercial activity on Oak Street. They do not want to impede commercial activity, nor do they want it to impinge on them. Mrs. Benston presented a roster, drafted by mothers and grandmothers in the neighborhood, of children under 13 years of age. Mr. John Dumler, 220 Oakbank Road, stated Mr. Davenport has not met the conditions placed on his Conditional Use Permit and they have no guarantee Mr. Tucker will meet the conditions placed on him if the permit is granted. Mr. Davenport's parking overflow and other problems are enough to worry about without adding recreational vehicles and motor homes. They realize they live next to a commercial zone and have not objected to several other businesses. Perhaps, they should realize they are next to a residential zone and do from the value of their recreational vehicles. not want another car lot draining dollars homes while they are making dollars selling They realiz~ property on Oak Street is a prime commercial location and sooner or later some type of business will locate there. They accept that, but cannot accept the continuing degeneration of their neighborhood. He proposed that the Conditional Use Permit be rewritten to provide stringent time limits for the conditions to be met and establish penalties for failure to do so. A permanent block wall, separating the commercial and residential property, could be erected on Bank Street. This would give the auto dealers, etc., the needed parking and the residents privacy. Finally, they need a permanent solution to these problems. They Bakersfield, California, March 28, i984 - Page 20 279 cannot continue to have permits applied for and refused or granted and have one party or another appealing to the Council. Careful thought and planning is the key to the solution. In answer to a question by Mayor Shell, City Attorney Oberholzer stated that a Conditional Use Permit can be revoked if the conditions are not being met. This is usually done in response to a complaint from a citizen. Mrs. Jana Fidlet, 218 Olive Street, stated she feels the block wall on Bank Street is an ideal solution. She has children and objects to another car lot in the neighborhood. Mrs. Maxine Dumler, 220 Oakbank Road, stated the business people do not live in the neighborhood and do not realize the problems created by the car lots. They know what is good for their neighborhood and motor homes, etc., are not good. The businesses on this property, in the past, did not have to test drive and unload vehicles. Where will the trucks,with the vehicles to unload, park? Bank Street is the only place, because there is no parking on Oak Street. The people in this neighborhood have lived there a long time and do not want to leave. Mr. Gerald Stanley, 3100 Bank Street, stated the largest freeway interchange in the world is not in Los Angeles, but in front of his home, largely due to traffic from Davenport's Car Lot. Mr. Stanley suggested that the Council drive down Bank Street, anywhere from 9:00 A.M. to 5:00 P.M., and they would find cars parked in the middle of the street, being test driven, and doors open. enough. being loaded and unloaded, Their neighborhood is congested No further protests or objections being received and no one else wishing to speak in favor, Mayor She]l closed the public portion of the hearing for Council deliberation and action. In answer to a question by Councilman Moore, Mike Callagy stated the recreational vehicles are not the huge motor homes, like Winnebago's, but are built on Datsun chassis, which are much smaller. 28O Bakersfield, California, March 28, 1984 - Page The vehicles on this lot will be repaired and unloaded at the Baker Street address. The streets in ~estion are public streets and any vehicles could be test driven on them. In answer to a question by Councilman Rockoff regarding the closing of Bank Street, Director o£ Public Works Hawley stated at the time the Council was considering the Conditional Use Permit for the Chalet Basque it was requested, by the residents along Oakbank Road, that Bank Street, in the vicinity of Oak Street, be closed. At that time staff recommended that that street not be closed. Bank Street is a residential collector street and the only through east-west street between Palm Street and Brundage Lane. It handles approximately 980 vehicles per day on the average. At the lime this was being considered several telephone calls were received from residents, living east of Olive Street. objecting to any proposal to close Bank Street. It would increase traffic along Olive Street, Beech Street and Verde Street. The closing would be expensive. A wall cannot just be erected. There would be drainage problems to consider and provide guard railing, barricading, signing and maintenance. In answer to a question by Councilman Moore regarding emergency vehicles. Director of Fire and Development Services Needham stated it would impede the ability of emergency services to get into that area. That concerns the Fire and Police Departmen~;s. If a wall is erected on that street there w~ll not be an appropriate turnaround for emergency and nonemergency vehicles. Director of Public Works Hawley stated just to close the street, construct the wall and curbing would cost approximately $8,000 to $10,000. He is not familiar with the drainage along that portion of Bank Street and that wou~d be an additional cost. It could cost anywhere from $8,000, as a minimum, to $20,000, as a maximum. The wall would have to be maintained and the not have money budgeted for a project of this type, so up to the Council or the residents as to who would pay City does it would be the cost. Bakersfield, California, March 28, 1984 - Page 22 City Attorney Oberholzer stated before Bank Street can be closed a public bearing would have to be held and all affected property owners notified. Consequently, the closing of Bank Street cannot be made a condition of the issuance of the Conditional Use Permit. During a lengthy discussion, Mr. Callagy stated, if the street can be closed and Wally Tucker Datsun has the use of that portion of Bank Street from the wall to Oak Street, they will build the wall, chain link fence, curbs and gutters, crash barriers, etc. Mayor Shell declared a brief recess at 10:05 P.M. and reconvened the meeting at 10:15 P.M. Upon a motion by Councilman Moore, staff was directed to investigate the closing of Bank Street and report back to the Council as soon as possible, by the following roll call vote: Ayes: Councilmen Payne, Ratty, Rockoff, Moore Noes: Councilman Christensen Absent: Councilman Barton Abstaining: Councilman Childs Councilman Moore made a motion that the Conditional Use Permit requested by Wally Tucker Datsun to allow a new and used automobile sales lot, including new and used recreational vehicles, motor homes, vans and trucks, in a C-1 (Limited Commercial) Zone, on that certain property commonly known as 240 Oak Street, be granted with the proposed parking, conditions listed in the staff report and additional condition that if Bank Street is closed that Wally Tucker Datsun pay the cost of that closing; and approve the Negative Declaration finding the proposed use desirable to the public convenience and we]fare and in harmony with the elements and objectives of the General Plan. Councilman Childs offered a substitute motion that the decision of the Board of Zoning Adjustment be upheld and the Conditional Use Permit requested by Wally Tucker Datsun to allow a new and used automobile sales lot, including new and used recreational 282 Bakersfield, California, March 28, 1984 - Page 23 vehicles, Zone, on denied. motor homes, vans and trucks in a C-1 (Limited Commercial) that certain property commonly known as 240 Oak Street, be Councilman Ratty made a motion to cutoff debate and this motion failed to carry by the following roll call vote: Ayes: Councilmen Payne, Ratty, Moore Noes: Councilmen Rockoff, Childs. Christensen, Mayor Shell Absent: Councilman Barton Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Shell voted No. Mrs. Benston stated she does not want the Conditional Use Permit to be granted and then the wall not built. She requested assurance that the wall will be ere~ted. City Attorney Oberholzer stated that the Conditional Use Permit would not be effective if the street were abandoned and Mr. Tucker did not pay the cost of that wall. That is in Councilman Moore's motion. It is a condition on the Conditional Use Permit, if the street is abandoned. Councilman Ratty made a motion to call for the question and it was unanimously approved. Councilman Childs' substitute motion that the decision of the Board of Zoning Adjustment be upheld and the Conditional Use Permit requested by Wally Tucker Datsun to allow a new and used automobile sales lot, including new and used recreational vehicles, motor homes, vans and trucks, in a C-1 (Limited Commercial) Zone, on that certain property commonly known as 240 Oak Street, be denied, Ayes: Noes: Absent: that in deciding vote, failed to carry by the fol]owin~ roll call vote: Councilmen Rockoff, Childs, Christensen Councilmen Payne, Ratty, ~4oore, Mayor Shell Councilman Barton Pursuant to Section 14 of the City Charter, which states case of a tie vote by the Council the Mayor shall cast the Mayor Shell voted No. Bakersfield, California~ March 28, 1984 - Page 24 283 Mayor Shell declared a brief recess at 10:35 P.M. and reconvened the meeting at 10:40 P.M. Councilman Moore stated o~of the conditions in the Conditional Use Permit states; "In the event the City should receive bonafide complaints regarding this use, the Council reserves; the right to impose additional conditions restricting the operatiort or void the Conditional Use Permit." Councilman Rockoff requested that a condition be added to the Conditional Use Permlt that Bank Street will not be used for loading and unloading vehicles. Councilman Moore indicated he would add that condition to the Conditional Use Permit. During a lengthy discussion, Councilman Childs asked the Wally Tucker Datsun people if they could hold their project off until a public hearing is held regarding the closing of Bank Street. Mr. Lee Statley, Wally Tucker Datsun, stated they have been trying to get this project underway since January 1, 1984, and the Council is asking them to sit on a $200,000 investment and they would have a problem waiting for that public hearing to be held. Councilman Christensen offered a substitute motion that the matter of the appeal by Cornerstone Engineering on behalf of Wally Tucker Datsun for a Condit5onal Use Permit to allow a new and used automobile sales lot, including new and used recreational vehicles, motor homes, vans and trucks, in a C-1 (Limited Com~ercial) Zone, on that certain property commonly known as 240 Oak Street, be tabled until May 28, 1984. Councilman Moore stated there is a possible solution to this matter and requested that it be tabled for 2 weeks, until the report from staff is completed regarding the closing of Bank Street. Mr. Statley stated he did not feel tabling this item would accomplish anything. Bakersfield, California, March 28, 1984 - Page 25 matter until May 28, call vote: Ayes: Councilman Noes: Absent: Councilman Christensen's substitute motion to 1984, failed to carry by the table the following roll Christensen CouncilmenPayne, Ratty, Rockoff, Childs. Moore CouncilmanBarton During a lengthy discussion, Councilman Childs made a motion to cutoff debate and this motion failed to carry by the following roll call vote: Ayes: Councilman Ratty Noes: Councilmen Payne, Rockoff. Childs, Christensen, Moore Absent: Councilman Barton During discussion, Councilman Rockoff requested that a "No Parking" restriction be placed on Bank Street, so there will be no loading and unloading of vehicles. Mr. Leon Davenport, 220 Oak Street, stated he is opposed to restricting parking on Bank Street, because he only has 3 parkin~ spaces on that street and 3 on his property. When his Conditional Use Permit was issued he was required to close all driveways, so he could have those 3 spaces. Mr. Jerry Davenport stated there are apartments that abut Mr. Tucker's property and the only place they have to park is on the, north side of Bank Street. If the Council takes the parking away, where will they park? There is no parking on Oak Street, so the only parking they have is the 3 spaces on Bank Street. Councilman Moore's amended motion that the Conditional Use Permit requested by Wally Tucker Datsun to allow a new and used automobile sales lot, including new and used recreational vehicles, motor homes, vans and trucks, in a C-1 (Limited Commercial) Zone, on that certain property commonly known as 240 Oak Street, be granted, with the proposed parking, conditions listed in the staff report and additional conditions that if Bank Street is closed Wally Tucker Datsun pay the cost of that closing, in the event the City should receive bonafide complaints regarding this Bakersfield, California, March 28, 1984 - Page 26 use the Council reserves the right to impose additional conditions restricting the operation or void the Conditional Use Permit, Bank Street will not be used for loading and unloading vehicles: and approve the Negative Declaration finding the proposed use desirable to the public convenience and welfare and in harmony with the elements and objectives of the General Plan. This motion failed to carry by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Moore Noes: Councilmen Payne, Childs. Christensen, Mayor Shell Absent: Councilman Barton Pursuant that deciding vote, the cost Transport. to 50 mile to Section 14 of the City Charter, which states the Upon a motion by Councilman Childs, Amendment to Agree- ment with Security Transport for Transportation of Prisoners, was approved and the Mayor was authorized to execute same. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilman Christensen, the meeting was adjourned at 11:50 P.M. MA ield, Calif. ATTEST: CITY/CLEFfK and Ex O of the Council of the City of Bakersfield, California ma is negligible. In addition, the Police Department is limiting the use of Security Transport to "emergency" type situations. in case of a tie vote by the Council the Mayor shall cast Mayor Shell voted No. NEW BUSINESS Approval of Amendment to Agreement with Security Transport for Trans- portation of Prisoners. This amendment restructures the method for calculating for air transportation services provided by Security The restructure refines the one-way charge from 100 zones. The effect on the cost per transport to the City